Five initiatives on the Nov. 8 general election ballot offer voters a chance to undo what lawmakers have already done, or do what lawmakers haven’t done.
| Initiative 330 would change state law governing claims for negligent health care. It would cap non-economic damages to $350,000 (with exceptions), shorten time limits for filing cases, authorize mandatory arbitration without trials, and limit repayments to insurers and fees to claimants’ attorneys.
Pro: www.yesoni330.org, 206-441-9762 Con: www.no330.org, 206-697-4744 Initiative 336 would require hearings on malpractice insurance rate increases greater than 15 percent, establish a supplemental malpractice insurance program, limit expert witnesses in lawsuits and require plaintiffs to certify the merit of cases. Doctors would face revocation of their medical licenses after three malpractice incidents in a 10-year period (absent mitigating circumstances). Pro: www.bettersafercare.org, 206-250-2746 Con: www.yesoni330.org, 206-441-9762 Initiative 900 would direct the state auditor to conduct performance audits of state and local governments, and would dedicate 0.16 percent of the state’s portion of sales and use tax collections to fund the audits. Pro: www.i-900.com, 425-493-8707 Con: www.permanentdefense.org Initiative 901 would prohibit smoking indoors in all public places and places of employment. The prohibition would include areas within 25 feet of entrances, exits, windows and ventilation intakes unless shorter distances are approved by the director of the local health department. It would repeal laws allowing designation of smoking areas in restaurants, bars, bowling alleys, skating rinks and tobacco shops. Pro: www.healthyindoorairwa.org, 206-522-2233 Con: www.noon901.org, 360-534-3109 Initiative 912 would repeal the motor vehicle fuel tax increase enacted by the Legislature in its 2005 session. The Legislature approved raising the gas tax by 3 cents per gallon July 1, with additional increases of 3 cents in July 2006, 2 cents in July 2007 and 1.5 cents in July 2008. The money would be designated for state transportation projects. Pro: www.nonewgastax.com, 206-330-9487 Con: www.keepwashingtonrolling.org Source: Office of the Secretary of State |
The initiatives will decide the fate of propositions to repeal the gas tax increase, ban smoking in public places, boost auditing of government agencies, limit lawsuit payouts to patients, and crack down on bad doctors.
For the most part, these are not new disputes, but lawmakers have been stymied at resolving them.
Voters may wonder “Why are we voting on these things?” – and that could influence their decisions, said Cathy Allen, chief executive of the Connections Group (www.connections group.org) and a consultant for Democratic candidates.
Polls conducted in September showed each measure with more support than opposition. But that’s no guarantee of victory entering the final month of electioneering.
“All the initiatives have the problem of a cranky and confused electorate voting no,” said Randy Pebble, chief executive officer with Rockey Hill &Knowlton public affairs and an adviser for Republican candidates.
Campaigning is accelerating, with absentee ballots set for mailing in 10 days to the majority of voters in Snohomish County and the rest of the state.
Here is a sketch of each measure.
Gas tax measure
Initiative 912 is a populist retort to a 9.5-cent increase in the state gasoline tax approved in the spring by the Legislature. Supporters garnered 420,000 signatures in less than a month to qualify the measure for the ballot.
If it passes, it would repeal the increase, which is to be phased in over four years. The first 3-cent hike took effect July 1. The gas tax goes up another 3 cents in July 2006, 2 cents in July 2007 and 1 1/2 cents in July 2008.
Lawmakers say the increase will raise $5.2 billion for transportation needs over the next 16 years, plus funnel tens of millions of dollars to cities and counties. Snohomish and Island counties stand to receive $472 million.
Backers of the tax argue that the money will pay for 274 crucial projects, including widening stretches of Highway 9 and I-405.
“Voters need to take a very close look at the measure that was passed,” said Mark Funk, spokesman for the anti-912 group Keep Washington Rolling.
Initiative supporters counter that the increase is too much alongside rising gas prices, was passed with too little public input and goes to too few projects outside King County. They also say they want more projects that reduce gridlock.
“I would tell the Department of Transportation to only spend their money to reduce traffic congestion,” campaign spokesman Brett Bader said.
Medical care
Initiatives 330 and 336 offer different approaches to stemming the cost of medical care.
I-330 is pushed by doctors, hospitals and their insurers. Its linchpin is a cap on noneconomic damages, also known as pain-and-suffering payments. In most cases, the maximum would be $350,000.
The measure also limits attorney fees, steers conflicts into arbitration and reduces the time for filing malpractice claims.
Backers say a litigation process that permits huge settlements is driving up malpractice insurance bills and driving specialists out of the state. Controlling legal costs would encourage more insurers to offer coverage, and that competition would drive down prices, they say.
That means patients can find doctors willing to deliver babies and perform specialized surgeries when they need them, said Tom Curry, spokesman for the Yes on 330/No on 336 campaign.
Barbara Flye, chairwoman of the No on 330 campaign, said the measure contains no requirement that insurers lower their rates.
“This will do nothing to help doctors with the problem they have in affording insurance coverage,” she said. “If you want to focus on medical malpractice costs, you have to focus on the insurance industry.”
Enter I-336. Sought by patients and pushed by lawyers, this measure focus on insurers and bad doctors.
It requires that insurers justify rate increases of more than 15 percent, and creates a state fund to help pay large malpractice awards. The measure establishes a three-strikes rule under which doctors would lose their licenses after a third jury verdict against them for malpractice in a 10-year period.
I-336 “changes the way doctors, lawyers and insurance companies do business,” said Dylan Malone, a spokesman for the measure. (Malone is a noneditorial employee of The Herald.)
Curry called the measure a “fraud introduced to make personal injury lawyers money” and is on the ballot solely to confuse voters about I-330.
All the money being spent on the two measures is obfuscating the issues, Allen said. “It seems like one emotional attack against another emotional attack,” she said.
As of Sept. 25, nearly $7.2 million had been collected from hospitals, insurance firms and doctors to pass I-330 and defeat I-336. On the other side, $3.2 million had been raised to fight I-330, and $732,792 to pass I-336. The Washington State Trial Lawyers Association is the largest contributor to each campaign.
No more smoking
Initiative 901 would ban smoking inside restaurants, bars, bowling alleys and all other public places in the state. If it passes, Washington would become the 10th state with such a prohibition.
It’s a health and worker-safety issue, said Peter McCollum, spokesman for Healthy Indoor Air for All Washington. Everyone has a right to breathe clean indoor air, he said.
State lawmakers have debated comprehensive and limited bans the last two years, but nothing passed. Last year, supporters of I-901 failed to qualify a similar initiative.
This year, the American Cancer Society, American Lung Association and American Heart Association provided assistance early to get the measure before voters, and the tobacco and hospitality industries never funded serious opposition.
“If they thought they had a chance of winning, maybe they would have tried,” said veteran campaign consultant Ron Dotzauer of Strategies 360.
Opposition comes from a small group led by Dave Wilkinson, a bowling alley employee, and Vito Chiechi, a veteran lobbyist.
Wilkinson said people who now go to taverns and restaurants will head for tribal businesses, where they can light up. He said a requirement that smokers be at least 25 feet from any door or window is tougher than other states.
“The bottom line is that it’s too extreme,” Wilkinson said.
Ought to audit
Initiative 900 is Tim Eyman’s 2005 contribution to state electoral politics. It gives the state auditor greater authority to pore over finance records of public agencies at all levels of government to figure out if they are getting the most for taxpayer dollars.
“It says the state auditor, who can now go in and see if people are stealing money, is now allowed to know if the money is being spent effectively,” Eyman said.
The increased workload would be paid for by .16 percent of the state sales tax annually – an estimated $10 million in the first year.
Permanent Defense, a group that exists to battle Eyman’s efforts, redesigned its Web site to focus on defeating the initiative.
“It’s not that performance audits are bad, we’re already doing them,” said Andrew Villenueva, one of the group’s leaders.
He said the Legislature passed a law this year giving the state auditor more power to examine government performance.
Reporter Jerry Cornfield: 1-360-352-8623 or jcornfield@heraldnet.com.
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