Mar 10, 2020  -  Business

QUICK UPDATE:  Below is a list of bills that have passed and will be on their way to the Governor.  We are waiting for conference committee reports on the budgets and to see what will happen with the data privacy bill since the Senate did not agree with the House Amendments.  As soon as we see the budget compromise, we will probably see some other bills come back life and move so this list will be fluid until Thursday.

The concluding days of any legislative session are long and filled with anxiety. This year, legislators, the Governor, and agency heads have another cause for concern: COVID-19. Washington has made headlines as the first state to report deaths resulting from the virus. At this time, 102 people in Washington have tested positive and 16 have died. Testing capacity remains a challenge in Washington and healthy individuals are capable of spreading the virus while displaying only mild symptoms. Worldwide, 105,821 people in 99 countries have tested positive for COVID-10 and 3,570 people have died.

This is a rapidly developing situation. Just one week ago, House and Senate supplemental operating budgets proposed $5 million and $10 million respectively to combat the coronavirus.  At that time, no cases had been identified in Washington. After local deaths related to the virus were reported, Washington State Department of Health Secretary Dr. John Wiesman appeared before the Senate Ways & Means Committee on March 2 to answer questions about the fiscal concerns surrounding COVID-19. At that time, Dr. Wiesman estimated the public health response in advance of federal funding would require $100 million. He received bipartisan assurance that the resources will be made available to assist state and local agencies.

Representatives Eileen Cody (D-34) and Joe Schmick (R-9) introduced 2965 on March 2 to provide disaster response funding through the transfer of $50 million from the budget stabilization account, also known as the rainy-day fund. The bill was brought to the floor March 3 and received unanimous support after it was amended to increase funding to $100 million. The Senate also passed the bill unanimously, with an amendment to ensure Washingtonians can access unemployment benefits without meeting the work search requirement if they are under quarantine or isolation during the outbreak. It will return to the House for concurrence before it is signed by the Governor. 

Potential economic damages due to closures and quarantines on international trade are as yet unknown. Trump economic advisor Larry Kudlow announced Friday that Americans should avoid traveling to Seattle. The University of Washington and other intuitions of higher learning will move classes online for the rest of the academic quarter. Many of Washington’s technology employers including Amazon and Facebook have encouraged employees to work from home for the next several weeks. Microsoft took the additional step of guaranteeing the wages of its 4,500 hourly workers whether their services are required or not. Other large employers including Facebook, Amazon, Twitter and Google announced they will take similar action.

The Washington Employment Security Division is likely to issue emergency rules this weekend regarding the extension of unemployment benefits to workers whose places of work temporarily close or who are under quarantine, as well as leniency for job searches and for employers.

The Office of the Insurance Commissioner issued an Emergency Order on Thursday, March 4 requiring all health carriers in Washington provide COVID-19 testing to enrollees who meet CDC clinical criteria prior to application of any deductible and with no cost-sharing, allow enrollees to obtain a one-time refill of their prescriptions to maintain an adequate supply, suspend prior authorization requirements for testing and treatment of COVID-19, and ensure enrollees can access services regardless of network availability.

As the March 6 cutoff to pass legislation from the opposite house loomed, even the most benign bills faced a formidable opponent: time and attention. COVID-19 is certainly dominating the attention and time policy makers might have otherwise spent in negotiations.

Data privacy and facial recognition technology has taken a great deal of legislative time this session and last. These issues of innovation and economic development impact every person, government, and business in Washington State and like a worldwide pandemic, they change faster than policy makers can keep up. The last bill taken up by the House on the Friday cutoff was 6281 (Carlyle, D-Seattle), establishing the Washington Privacy Act.  At this point, the versions passed by the Senate and by the House are not similar and are potentially irreconcilable. The Senate bill was supported by the business community and passed the Senate 46-1. It was then amended by the House Innovation, Technology & Economic Development Committee to include Senate nonstarters such as a private right of action. It passed 56-41 late Friday night. Amendments to transfer enforcement to the Attorney General, broaden consumer rights to opt-out, and remove local pre-emption language were not adopted. Negotiations on 6281and 6280 (Nguyen, D-Seattle), on which the Senate did not concur, are ongoing this weekend.

The House passed 6037 (Pedersen, D-Seattle) sending the bill to the Governor’s desk. If signed, 25% of the membership on boards of publicly traded Washington corporations must be women. A company that fails to achieve this minimum must deliver a board diversity analysis to shareholders.  As of June 2019, women held 20.4% of board seats in Russell 3000 companies. In Washington, women hold 24% of these seats, though 6 of Washington’s 33 publicly traded companies have no female members. Boards already leading on gender diversity include Amazon (50%), Alaska Airlines (46%), Nordstrom (46%), Starbucks (40%), and Avista (40%). Well known publicly traded companies that will need to adjust board membership under the new law include Omeros (0%), T-Mobile (8%), Homestreet (11%), Paccar (18%), Costco (20%), Washington Federal (20%), and First Northwest Bankcorp (22%).

5323 (Das, D-Kent), the plastic bag ban has passed the House 67-29 and will return to the Senate for concurrence. The bill eliminates thin, single-use bags and puts an 8-cent pass-through charge on both paper and thicker plastic for 5 years, the period during which a heavier plastic bag remains allowed, to help retailers offset the increased costs for paper and the thicker plastic bags. Bags are exempted from B&O, but a sales tax must be charged. Retailers must also provide bags at no cost to customers using SNAP or WIC. To help improve the supply of paper bags, the bill also streamlines the permitting process for reopening or siting paper bag mills. 

6312 (Zeiger, R-Puyallup) received final passage on Saturday. The bill permanently extends the expiring nonprofit fundraising sales tax exemption. Attendees of library or nonprofit organization fundraising events need not pay sales tax on items selling for less than $12,000. Extension of the exemption incentivizes donors to bid generously and helps nonprofits avoid the administrative burden of collecting sales tax at fundraisers. The amount will be adjusted for inflation beginning in December 2020. 

The most time-consuming bills, with the greatest numbers of amendments and speakers are often run at night. On a party line vote, the House passed the comprehensive sex education bill 5395 (Wilson, D-Federal Way) shortly after 2am on Thursday morning.  House Republicans drafted 218 amendments, most of which were ruled to be dilatory in nature and none of which were accepted over the course of the 6-hour debate. Because a striker was adopted, the bill was returned to the Senate for concurrence where an administrative error gave the Republican minority an opportunity to attempt to defer the bill. After 45 minutes of procedural attempts to derail what is perhaps the most controversial bill of the session, the Republican last stand failed, and the concurrence debate and subsequent affirmative vote was allowed to proceed. The bill continues to enrage Republicans and new parental rights groups formed in response, but Governor Inslee is expected to sign.

2638 (Peterson, D-Edmonds), the bill to authorize sports betting in tribal casinos received the required constitutional supermajority in the Senate after 11pm Thursday night. Nevada-based Maverick Gaming maintains its threat to spend tens of millions of dollars to prevent it from becoming law through legal challenges and to punish legislators who have supported the emergency clause that will thwart a referendum. It now heads to the Governor’s desk.

6313 (Liias, D-Mukilteo), the Voting Opportunities Through Education (VOTE) Act will allow 17-year olds to vote in primary elections if they will turn 18 before the next general election. It also requires Student Engagement Hubs be established on college campuses. The bill passed the House 56-41 and will now go to the Governor.

Uncertainly surrounds carbon and clean fuels legislation. Dozens of logging trucks appeared on campus before dawn on Monday to protest another attempt to allow the Department of Ecology to regulate indirect sources of greenhouse gas emissions. 2957 (Fitzgibbon, D-Seattle) failed to achieve the support of moderate Senate Democrats and was not considered necessary to implement the budget. 1110 (Fitzgibbon, D-Seattle), the low carbon fuel standard also languished in the Senate where Transportation Chair Steve Hobbs (D-Lake Stevens) remains opposed to the bill. Hobbs cites concerns about raising the cost of gasoline, which could cause consumers to curb fuel consumption, thus depriving an already cash-strapped transportation budget. Hobbs prefers a 2021 transportation package that could be funded in part with a carbon emission fee. Still, 1110 is considered necessary to implement the budget and technically lives on.

Representative Norma Smith (R-Clinton) announced her retirement this week. Smith serves most notable as the ranking Republican on the Innovation, Technology and Economic Development Committee. The race is anticipated to be competitive in the months ahead. Three Democrats, Scott McMullen, Ivan Lewis, and Suanne Woodard have already launched campaigns. After Smith's announcement on the floor Wednesday, Greg Gilday became the first Republican to enter the race. Senator Randi Becker (R-Enumclaw) also announced her retirement on the floor. Becker serves as the Senate Republican Caucus Chair and has been a strong voice in th expansion of telemedicine. Representative Andrew Barkis is thought to be the likely candidate for the open seat.

CLIMATE CHANGE/CARBON TAX

No bills.

CTE

 

Bill #

Abbrev. Title

Short Description

Status

Sponsor

Priority

Position

HB 1702

Low-cost course material/CTC

Informing students of low-cost course materials for community and technical college courses.

H Spkr Signed

Van Werven

Monitoring

 

GENERAL BUSINESS PRIORITIES

 

Bill #

Abbrev. Title

Short Description

Status

Sponsor

Priority

Position

2EHB 1056

Domestic violence/workplace

Creating a task force to identify the role of the workplace in helping curb domestic violence.

Del to Gov

Mosbrucker

Low

Concerns

ESHB 2342

Comprehensive plan updates

Aligning the timing of comprehensive plan updates required by the growth management act with the timing of shoreline master program updates required by the shoreline management act.

H Passed FP

Fitzgibbon

High

 

SHB 2409

Industrial insur./employers

Concerning industrial insurance employer penalties, duties, and the licensing of third-party administrators. Increases certain employer penalties under workers' compensation. Ÿ Specifies an employer responsibility of fair conduct, to be regulated by the Department of Labor and Industries. Ÿ Requires licensure of claims administrators by the Department of Labor and Industries.

H Passed FP

Kilduff

High

Oppose

SHB 2554 (2SSB 6400)

Health plan exclusions

Mitigating inequity in the health insurance market caused by health plans that exclude certain mandated benefits.

S Passed 3rd

Stonier

 

 

SHB 2614 (SSB 6349)

Paid family & medical leave

Concerning paid family and medical leave.

Del to Gov

Robinson

High

Concerns

EHB 2965

Coronavirus response

Concerning the state's response to the novel coronavirus.

S Passed 3rd

Cody

High

 

ESB 5165

Discrimination/immigration

Concerning discrimination based on citizenship or immigration status.

H Spkr Signed

Saldaña

 

 

ESSB 5473 (HB 1445)

Unemployment benefits/cause

Ÿ Requires the Employment Security Department to study the impacts to the unemployment trust fund and employer contributions for unemployment insurance by allowing exceptions to provisions disqualifying individuals from receiving unemployment benefits for leaving work voluntarily without good cause related to: (1) inaccessible care for a child or vulnerable adult; (2) substantial increases in job duties or working conditions without commensurate increase in pay; (3) separation from a minor child. Ÿ Requires ESD to meet at least three times with business and worker representatives to discuss the information gathered by ESD. ŸRemoves modifications to the term good cause for unemployment purposes for the separation due to inaccessible care for a child or vulnerable adult and related to separation from work related to the death, illness, or disability of a family member.

H Passed 3rd

Saldaña

Medium

Neutral

SSB 6256 (SHB 2424)

Heating oil insurance

Concerning the heating oil insurance program.

H Passed 3rd

Wellman

High

 

ESSB 6440 (HB 2689)

Workers' comp medical exam

Concerning industrial insurance medical examinations.

S Passed FP

Stanford

High

Concerns

ESSB 6540 (2SHB 2471)

Working connect. payments

Concerning working connections child care payment authorizations.

H Passed 3rd

Wilson

 

 

HOUSING/HOMELESSNESS

 

Bill #

Abbrev. Title

Short Description

Status

Sponsor

Priority

Position

HB 1590

Housing tax/councilmanic

Authorizes county or city legislative authorities to impose the local sales and use tax for housing and related services and eliminates the requirement that the imposition of the tax be subject to the approval of a majority of county or city voters at a general or special election.

S Passed 3rd

Doglio

High

 

ESHB 2342

Comprehensive plan updates

Aligning the timing of comprehensive plan updates required by the growth management act with the timing of shoreline master program updates required by the shoreline management act.

H Passed FP

Fitzgibbon

High

 

SHB 2343 (SSB 6334)

Urban housing

Concerning urban housing supply.

H Passed FP

Fitzgibbon

High

 

SHB 2384 (SB 6232)

Nonprofit housing/prop. tax

Concerning the property tax exemption for nonprofit organizations providing rental housing or mobile home park spaces to qualifying households.

H Passed FP

Doglio

High

 

HB 2497

Affordable housing financing

Adding development of permanently affordable housing to the allowable uses of community revitalization financing, the local infrastructure financing tool, and local revitalization financing.

H Passed FP

Ormsby

High

Concerns

SHB 2673

Infill development

Concerning exemptions for infill development under the state environmental policy act.

Del to Gov

Barkis

High

Support

SB 6212 (HB 2489)

Affordable housing/prop. tax

Concerning the authority of counties, cities, and towns to exceed statutory property tax limitations for the purpose of financing affordable housing for very low-income households and low-income households.

H Passed 3rd

Das

High

Support

SSB 6256 (SHB 2424)

Heating oil insurance

Concerning the heating oil insurance program.

H Passed 3rd

Wellman

High

 

SSB 6495 (HB 2809)

Essential needs & housing

Regarding essential needs and housing support eligibility.

H Spkr Signed

Walsh

Medium

Neutral

ESSB 6574

GMHB & ELUHO powers, duties

Clarifying the respective administrative powers, duties, and responsibilities of the growth management hearings board and the environmental land use and hearings office.

H Passed 3rd

Takko

Medium

 

ESSB 6617

Accessory dwelling units

Concerning accessory dwelling unit regulation.

H Passed 3rd

Liias

Medium

Concerns

OTHER CHAMBER BILLS

 

Bill #

Abbrev. Title

Short Description

Status

Sponsor

Priority

Position

HB 1841 (SB 5877)

Crew size on certain trains

Establishing minimum crew size on certain trains.

S Passed 3rd

Riccelli

Medium

Concerns

STREAMLINED SALES TAX

No bills.

TRADE, AEROSPACE & MFG

No bills.

TRANSPORTATION

 

Bill #

Abbrev. Title

Short Description

Status

Sponsor

Priority

Position

HB 1841 (SB 5877)

Crew size on certain trains

Establishing minimum crew size on certain trains.

S Passed 3rd

Riccelli

Medium

Concerns

HB 2271 (SB 6094)

Transp. bonds/budget ref.

Correcting a reference to an omnibus transportation appropriations act within a prior authorization of general obligation bonds for transportation funding.

S Passed 3rd

Duerr

 

 

ESHB 2322 (SSB 6497)

Transp. budget, supplemental

Making supplemental transportation appropriations for the 2019-2021 fiscal biennium.

H Conf appt

Fey

 

 

SSB 6497 (ESHB 2322)

Transp. budget, supplemental

Making supplemental transportation appropriations for the 2019-2021 fiscal biennium.

S Rules 2

Hobbs

 

 

Uncategorized Bills

No bills.

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