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Home  /  Weekly Fast Facts - 2005  /  AWB Challenge to Dept. of Revenue Rulemaking Authority Argued in State Supreme Court
AWB Challenge to Dept. of Revenue Rulemaking Authority Argued in State Supreme Court
Written On: Monday, May 28, 2005
AWB Challenge to Dept. of Revenue Rulemaking Authority Argued in State Supreme Court
Last week the Washington Supreme Court heard oral arguments in Association of Washington Business v. Dept. of Revenue, a case challenging the authority of DOR to issue non-binding interpretive rules, and then treat them as though they have the force of law in dealings with taxpayers. AWB urged the court to invalidate the rules. Four main themes emerged in the oral arguments: whether the DOR had authority to promulgate interpretive rules at all, whether the interpretive rules were binding on the public, whether the public could tell the difference between DOR’s interpretive rules and legislative rules, and whether the court should accord any deference to DOR’s interpretive rules. Contact AWB’s Kris Tefft at (360) 943-1600 or KrisT@awb.org.

Unemployment Insurance Back to Square One—Speaker Expected to Name the Task Force Soon
Speaker Chopp says he wants a new list from business and labor to choose the representatives for the Unemployment Insurance Task Force. Regardless of the four each picked by the Speaker and President of the Senate to represent business and labor, our main focus needs to be a coordinated strategy to prevent the unions from stripping off the sunset provisions of EHB 2255, which passed last session. That would make the costly two-quarter averaging permanent. Remember, our employers pay the highest UI taxes in the country–an average of $695 per worker compared to the national average of $228. Contact AWB’s Mellani Hughes McAleenan at (360) 943-1600 or MellaniM@awb.org,

Asbestos Fairness Legislation—AWB Part of National Campaign to Settle Issue Fairly for All
While in the nation’s capitol we met on asbestos legislation which is stalled in Congress. The Asbestos Alliance in which AWB participates has developed a powerful newspaper ad which will appear in The New York Times and Wall Street Journal. The numbers are staggering: 74 companies bankrupt, 60,000 jobs lost, and $343 billion in economic costs. We want a solution which allows deserving victims to get paid outside of court. Visit www.asbestossolution.org. If you would like a copy of the ad, contact AWB’s Don Brunell at (360) 943-1600 or DonB@awb.org.

Border County Competitiveness Report—WashACE Report To Be Unveiled in Spokane on May 25
Dick Davis, president of the Washington Research Council, is putting the final touches on the border county competitiveness study commissioned by WashACE. It will be presented on Wednesday (May 25) to the Board in Spokane. Members interested in attending the May 25 unveiling, please contact AWB’s Amy Johnson at (360) 943-1600 or e-mail: AmyJ@awb.org. Late next week, the report will be posted on our Web site.

AWB Members Have Opportunity to Hear and Question New L&I Director on Wednesday—Interested?
Although it is Gary Weeks first week on the job as L&I director, he will be in Spokane on Wednesday morning (May 25) meeting with AWB members. He is the breakfast speaker at the Annual Spring Board Meeting. Members who have not registered but are interested in hearing Weeks can contact Amy Johnson at (360) 943-1600 or AmyJ@awb.org. He speaks at the Davenport Hotel at 8 a.m.

Gov. Engler To Keynote AWB Spring Board Meeting Dinner on Tuesday – You May Still Register
Former Michigan Gov. John Engler, the new president of the National Association of Manufacturers (NAM), will be the keynote speaker at the Annual Spring Board Meeting dinner on May 24 in Spokane at the Davenport Hotel. If you haven’t already registered, call the Davenport Hotel at (800) 899-1482. Rooms are filling up fast! Registrations will also be taken at the door. Contact Amy Johnson at (360) 943-1600 or AmyJ@awb.org.

Lowenberg, Kyle’s Headline List of AWB Award Winners—Presentations in Spokane on Tuesday Night
Maj. Gen. Tim Lowenberg, Washington’s Adjutant General, and Bill and Dolores Kyle will be honored Tuesday night along with 17 other AWB members. Lowenberg will receive the C. David Gordon Award, AWB’s top award for civic leadership and service to our state and nation, while the Kyle’s will receive the Bruce Briggs Award, AWB’s top community service award. Seventeen other AWB companies will be recognized for their community service contributions. The awards will be presented at the Annual Spring Board Meeting banquet in Spokane on May 24 at the Davenport Hotel. Members can still register for the dinner and awards ceremony. Contact Amy Johnson at (360) 943-1600 or AmyJ@awb.org.

Brunell to Meet with China’s New Ambassador to the United States
On May 31, AWB President Don Brunell will meet with China’s new Ambassador to the United States. Ambassador Zhou Wenzhong will be in Olympia to meet with Gov. Gregoire. Immediately before the meeting, he will be at AWB meeting with Brunell. Last October, Brunell was among a group of state chamber of commerce executives who met with Wenzhong’s predecessor, Yang Jiechi. The purpose of this meeting is to continue our efforts to promote partnerships with small and medium size businesses from Washington state.

It’s Your Money – Help Fight Workers’ Comp Fraud!
Please report your new hires and re-hires immediately to L&I. It helps expose workers who are working and collecting workers’ comp at the same time. Call (888) 881-5974 or log on to www.Fraud.LNI.wa.gov. “Using this system is easy,” AWB President Don Brunell said. “It is one way you can help control workers’ compensation costs. We support L&I’s efforts to control fraud and abuse.”

High-Tech Rule-Making Meeting – Next Week at Dept. of Revenue
DOR is planning a meeting next week on the definitions of “R&D” and “environmental technology” and on the treatment of independent contractors and the staffing industry. Details, including date and time, to be announced. Contact AWB’s Tom McBride at (360) 943-1600 or TomM@awb.org.

Ecology Files New PBT Rule – Your Business Could Be Impacted!
The Department of Ecology filed its CR-102 (proposed rule) form for the department’s Persistent Bioaccumulative Toxins (PBT) Rule on May 18. The proposed rule filed with the Code Reviser’s office is virtually identical to the version delivered to the Governor in January of this year. The rule establishes what criteria will be used to identify PBTs, lists 26 chemicals the department believes fit that criteria, and determines how the department will develop chemical action plans. This is an important rule for AWB members who manufacture or use chemicals or sell products that contain chemicals on the PBT list. The AWB PBT Workgroup will meet to discuss the proposed rule in mid-June, and AWB will develop comments prior to the July 22 deadline. The department will host one public meeting regarding the rule on July 13 at 7 p.m. in Seattle (location to be determined) and intends to adopt a final rule no later than November of this year. For more information, contact AWB’s Grant Nelson at (360) 943-1600 or GrantN@awb.org.

Electrical Standard and Portable Ladder Rules Up for Revision by L&I
L&I is proposing to adopt amendments by the Expedited Adoption process. L&I received letters from OSHA indicating that Washington was not as effective as the federal requirements relating to the electrical standard, chapter 296-45 WAC. For more information, see http://www.lni.wa.gov/wisha/Rules/electricalworkers/InfoPack2.htm. L&I is also rewriting and clarifying requirements relating to Portable Ladders Chapter 296-876, WAC. The filing will be at the end of May. Contact AWB’s Shannon Garland at (360) 943-1600 or ShannonG@awb.org.

Draft Proposal of Lead Rule Now Available
AWB has now received the draft proposal of the lead rule, which combines general industry and construction rules. If you would like a copy of the rule and the analysis, contact Shannon Garland at (360) 943-1600 or ShannonG@awb.org.

Learn the Legal Aspects of Interviewing, Hiring, Managing and Discharging Employees
AWB will hold an Employment Law Seminar at SeaTac’s Doubletree Hotel, Wednesday, June 8. This all day seminar will give employers direction on managing the employment relationship from beginning to end. Register online at www.awb.org/events/seminars/employmentaw.asp. Contact Amy Johnson at (360) 943-1600 or AmyJ@awb.org.

GAC Retreat Coming June 28-29 – Mark Your Calendars!
The annual Governmental Affairs Council retreat will be held June 28–29 at the Alderbrook Resort & Spa located on the Hood Canal. Register now by calling (800) 622-9370 or visiting https://awb.us.com/product.asp?ID=9. Contact AWB’s Alisha Boggs at (360) 943-1600 or AlishaB@awb.org.

The Latest Issue of Washington Business is in the Mail

Environmental Summit Coming in October – Not Too Soon to Register!
The Northwest Environmental Summit, our region’s most comprehensive forum for environmental policy and technical issues, will be held at the Greater Tacoma Convention & Trade Center, Oct. 19-20. For more information, see www.ecwashington.org or contact Amy Johnson at (360) 943-1600 or AmyJ@awb.org. You are also invited to exhibit at the Summit’s trade show. For exhibitor information, contact Cara Bergeson at (503) 227-6361 or Cara@nebc.org.

Remember Mount St. Helens’ Victims In a Deserving Way - See this week’s President’s Perspective at www.awb.org