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Home  /  Weekly Fast Facts - 2008  /  AWB Prevails in important land use case
AWB Prevails in important land use case
Written On: Monday, January 28, 2008

AWB Prevails in important land use case
In a decision released to the public on Jan. 24, the Washington Supreme Court held in Twin Bridge Marine Park v. Department of Ecology that the Washington State Department of Ecology must follow the same procedural rules as anyone else in challenging an otherwise properly issued local building permit. AWB filed a friend of the court brief in the case supporting Twin Bridge Marine Park. For more information, contact Kris Tefft at (360) 943-1600 or KrisT@awb.org.

Bills threaten association health plans
Legislation now making its way through the House and Senate threatens the viability of quality health care for more than 500,000 Washingtonians. SB 6365, sponsored by Sen. Chris Marr, D-Spokane, and HB 2689, sponsored Rep. Eileen Cody, West Seattle, will give Insurance Commissioner Mike Kreidler the authority to regulate association health plans, increasing premium prices for businesses already struggling to provide coverage for their employees. AWB encourages you to contact your legislator and share your concerns about the negative effect this legislation will have on premiums. This law could put health care coverage out of reach for those who need it most. For more information, contact AWB’s Donna Steward at (360) 943-1600 or DonnaS@awb.org

Members-only legislative updates
Over the weekend, AWB’s governmental affairs staff put together key issue summaries on legislation dealing with energy, climate change, taxes, health care, human resources, and education issues. There’s much more our members can learn about what’s important in Olympia and what it means to you. For more information, contact AWB’s Richard Davis at (360) 943-1600 or RichardD@awb.org.

Bills would bring property tax relief
AWB, the Council for Affordable Rural Housing and the Affordable Housing Management Association worked with lawmakers to introduce HB 2977 and SB 6517. These bills reduce the unreasonably high burden of proof placed on taxpayers who challenge property valuations. HB 2977, sponsored by Rep. Mark Ericks, D-Bothell, now goes to the House Judiciary Committee while SB 6517, sponsored by Sen. Mark Schoesler, R-Ritzville, goes to the Senate Government Operations Committee. Most states use the “preponderance-of-evidence” legal standard established in this bill rather that the current “clear, cogent and convincing” standard. AWB supports the use of the true-market-value tests found in our state constitution. For more information, contact AWB’s Amber Carter at (360) 943-1600 or AmberC@awb.org.

Bills introduced to fix Brinks problem on company cars
The Washington Supreme Court’s recent Brinks decision has created uncertainty for businesses that allow employees to commute in company vehicles. SB 6867 and HB 3294 would address the liability faced by these companies. Employer representatives were working with the Washington State Department of Labor and Industries, the governor’s office and the labor unions on a bipartisan solution, but the unions withdrew from the discussions, citing the Brinks decision as a “win” for their members. With labor opposition, these bills face an uphill climb. Now is the time to contact your legislator and request action on this legislation. For more information, contact Kris Tefft at (360) 943-1600 or KrisT@awb.org
 
Expansion of unemployment insurance proposed
The House Commerce and Labor Committee will hear testimony Jan. 29 on HB 2967, which would expand unemployment insurance to individuals who leave their jobs to enroll in a union-approved apprenticeship program. AWB opposes this legislation and its attempt to draw individuals from active employment into labor-approved apprenticeships, thereby socializing the cost of the labor-directed training among employers. For more information, contact Donna Steward at (360) 943-1600 or DonnaS@awb.org.

Cost-raising workers’ comp bills on the move
On Jan. 31, the Senate Labor, Commerce, Research and Development Committee will hear SB 6750, requiring the Washington State Department of Labor and Industries and self-insured employers to pay time-loss benefits on claims questioned in an appeal. If enacted, this would be an enormous cost to employers and the system. On Feb. 1, the House Commerce and Labor Committee is hearing the companion bill, HB 3139, as well as HB 2980, which raises costs by preventing employers or the Department of Labor and Industries from effectively communicating with a claimant’s health care provider. AWB opposes these measures. For more information, contact Kris Tefft at (360) 943-1600 or KrisT@awb.org.

It’s time for changes to the concurrency and impact fees law
HB 2950, sponsored by Rep. Deb Eddy, D-Kirkland, is one of AWB’s priority land-use bills for 2008. This measure would change the current transportation concurrency law under the Growth Management Act. The legislation provides that if a landowner or developer pays impact fees during development or construction of a project, the concurrency requirements of the GMA are satisfied. This will encourage and concentrate growth and development within Urban Growth Areas and urban cores where it belongs—consistent with the intent of the GMA—rather than encouraging urban sprawl. It will also ease traffic congestion by reducing the distance people must drive, thereby reducing greenhouse gas emissions. The House Local Government Committee will hear HB 2950 at the John L. O’Brien Building on Jan. 31 at 8 a.m. For more information, contact Chris McCabe at (360) 943-1600 or ChrisM@awb.org.

Streamlined sales tax bill returns
HB 2380 is a bill from the 2007 legislative session that is still alive in 2008. This legislation would expand the tax credit for business affected by the change to the streamlined sales tax act. The tax credit authorized in the SSTA is available to employers with delivery sales with gross receipts of $500,000 or less. HB 2380 would allow a tax credit for employers between $500,000 and $3 million if they primarily deliver to jurisdictions outside their own area. HB 2380 remained in the House Rules Committee at the start of session instead of going back to the House Finance Committee. The goal is to pass this bill quickly in the House, which voted on it last session, and push for a public hearing and any necessary amendments in the Senate. For more information, contact Amber Carter at (360) 943-1600 or AmberC@awb.org.

SB 6440 opens tax records for all to see
SB 6440, proposed by Sen. Eric Oemig, D-Kirkland, would amend the excise tax secrecy clause. This law prohibits Department of Revenue employees from disclosing excise tax returns or tax information about specific taxpayers to unauthorized persons. Passage of this bill would allow members of both committee and caucus staff to receive tax information from the Department of Revenue. For more information, contact Amber Carter at (360) 943-1600 or AmberC@awb.org.

AWB opposes changing Washington’s vesting laws
HB 3202, sponsored by Rep. Geoff Simpson, D-Covington, and SB 6784, sponsored by Sen. Adam Kline, D-Seattle, would change Washington’s real property vesting laws, which have served us well for more than 50 years. Currently, a landowner’s development rights vest upon submission of a completed application for a building or subdivision permit. This damaging legislation would move the vesting date back to when a local jurisdiction “takes final action” on a landowner’s application, including any and all appeals. The House Local Government Committee will hear HB 3202 Jan. 29 at 1:30 p.m. at the John L. O’Brien Bldg. AWB and several of our members will testify in a panel against these harmful bills. For more information, contact Chris McCabe at (360) 943-1600 or ChrisM@awb.org.

Disconcerting employment law bills get hearing
Last week, the Senate Labor, Commerce, Research and Development Committee heard SB 6327, establishing unemployment benefits for striking workers; SB 6622, establishing major penalties and new lawsuits for workplace bullying; SB 6280, implementing the new Paid Family Leave program; and SB 6731, making changes to the traditional definition of “independent contractor” versus “employee.” The House Commerce and Labor Committee heard the companion to the UI bill, HB 2769, as well as HB 2602, authorizing broad, indefinite leave from employment for victims of domestic violence. AWB testified with concerns on each of these bills because, if enacted, they would result in higher costs and higher liability for employers. For more information, contact Kris Tefft at (360) 943-1600 or KrisT@awb.org.

Governor's climate action legislation on the move 
HB 2815, sponsored by Rep. Dunshee, is a governor’s request legislation on climate change and is scheduled this week for executive session in the House Ecology and Parks Committee. The bill is expected to advance to the House Appropriations Committee. The legislation directs the Department of Ecology to design a “cap-and-trade system” for greenhouse gas emissions. This legislation also requires mandatory emissions reporting by businesses and the state. The Senate companion bill, SB 6516, is sponsored by Sen. Pridemore. AWB is working closely with the governor, legislators and other stakeholders to ensure the legislation best positions Washington for the Western Climate Initiative process, which is now underway. For more information, contact Grant Nelson at (360) 943-1600 or GrantN@awb.org.

Make your voice heard at AWB’s Legislative Reception on Feb. 6
Where do your legislators stand on the issues that are important to you and your business? How will they deal with important issues like transportation, tax fairness, health care, workers’ comp and unemployment insurance? Learn about those issues and more at the AWB 2008 Legislative Reception on Feb. 6. The event begins at 9 a.m. and will feature Gov. Chris Gregoire as the lunchtime speaker. AWB’s board will meet in the afternoon. To register or become a sponsor, please see www.awb.org/events/legreception.asp  or contact AWB’s Jennifer Costello at JenniferC@awb.org  or (360) 943-1600.

Is your business prepared? Emergency planning and disaster management seminar Feb. 26
Emergencies and disasters strike when we least expect them. The best defense against such events is to be prepared. Attend AWB’s one-day seminar and learn how to prepare and apply survival plans to any type of disaster. For more information, contact Jennifer Costello at (360) 943-1600 or JenniferC@awb.org  and see www.awb.org/events/seminars/emergencyplanning.asp.

Bring back “Leave it to Beaver”— See this week's President's Perspective at www.awb.org.