Tomorrow is final cutoff for new legislation

After 5 p.m. on Tuesday, Feb. 19, the Washington State Legislature will consider no new legislation. After that deadline passes, AWB will know which bills stand a chance of passing this year and which bills will have to wait until 2009. As always, please contact us with your concerns and let us know about bills that might affect your business at www.Jobmakers.com.  

Act now to support business-friendly concurrency legislation

HB 2950 and SB 6566 are important AWB-backed bills that would change concurrency law under the Growth Management Act. This legislation provides that if a landowner or developer pays impact fees during the development or construction of a project, the concurrency requirements of the GMA are satisfied. This will encourage and concentrate growth and development within the Urban Growth Areas rather than encouraging urban sprawl. This legislation is a good alternative to the local global warming solutions approach proposed in HB 2797 and SB 6580. AWB strongly opposes those bills because they add new goals for climate change mitigation to the existing Growth Management Act. HB 2950 is now pending in the House Rules Committee. AWB is working hard to get this priority land-use legislation brought to the full House for a vote by the Feb. 19 cutoff date. SB 6566 failed to pass out of the Senate Transportation Committee and is now dead. Please contact your legislators and urge them to support HB 2950.

Please also see these related hyperlinks:

HB 2950, sponsored by Rep. Deborah Eddy

SB 6566, sponsored by Sen. Dan Swecker  

For more information, please contact AWB’s Chris McCabe at (360) 943-1600 or ChrisM@awb.org.

Paid Family Leave bills continue slow march toward cutoff

The House and Senate versions of the bill to implement the state’s new paid family leave mandate are moving slowly forward. With funding for the new program already off the table this session, there seems to be less interest among proponents in these bills.  Nevertheless, AWB is advocating a strong private sector, incentive-based model for paid leave, as well as technical fixes that would address the coordination of the new law with the state’s existing leave laws. This model would also provide unemployment insurance premium protection for the state’s smallest employers and provide a way for employers who are already offering generous paid leave benefits to continue their programs without being affected by the new Paid Family Leave legislation. We anticipate that one or both bills will survive Tuesday’s deadline, but it’s unclear what implementation policy will pass this session.

Please also see these related hyperlinks:

HB 3305, sponsored by Rep. Marylou Dickerson

SB 6280, sponsored by Sen. Karen Keiser

This recent Olympia Business Watch blog post provides more background.

For more information, please contact AWB’s Kris Tefft at (360) 943-1600 or KrisT@AWB.org.

Expansion of Health Insurance Partnership is bad news for business

The House of Representatives recently passed a bill that will revise the Health Insurance Partnership, a government-run assistance program that was intended to help struggling small employers. The program will now be open to ALL small employers and will be subsidized by taxpayer money. By eliminating the targeted focus on struggling employers, the state is creating a competitive advantage for businesses that choose coverage through the partnership. This creates a disadvantage for insurance carriers currently providing coverage, who will be unable to match the price of the subsidized coverage. AWB thanks those members who responded to the recent member alert and contacted their state representatives urging a no vote on this legislation. More work is needed now that the measure has passed the House and being considered by the Senate. AWB urges all members to contact their state senators and members of the Senate leadership and express opposition to the unnecessary expansion of this government-run program. 

Please also see these related hyperlinks:

2SHB 2537, sponsored by Rep. Eileen Cody

For more information, contact AWB’s Donna Steward at (360) 943-1600 or DonnaS@awb.org.

Support for government-run health care coverage gaining momentum

The Legislature is considering two measures establishing a citizen’s commission that will travel the state and lead discussions on health care reform. Unfortunately, the commission will only be sharing information about systems they see as viable alternatives to our current system. They will not be discussing the real issues influencing the cost of coverage, like over-regulation and the skyrocketing cost of health care services. The commission has a predetermined end in mind and will, in essence, be campaigning to build support for a government-run health care system. Both legislative measures supporting this commission are awaiting further action in their respective committees. They are also subject to the house-of-origin cutoff on Feb. 19, and require a $1.2-million appropriation to fund the effort.  AWB opposes these measures and the approach being taken during an election year to address the very serious issue of health care reform. Please voice your opposition to this legislation by contacting your local legislators and leaders of the House and Senate.

Please also see these related hyperlinks:

2SHB 2536, sponsored by Rep. Eileen Cody

SSB 6333, sponsored by Senator Karen

For more information, contact AWB’s Donna Steward at (360) 943-1600 or DonnaS@awb.org.

Eminent domain reform passes House, advances to Senate

HB 2016 would give private landowners much-needed protection and legal recourse when their property is threatened with condemnation. One of the provisions of the proposed law allows the property owner to retain the option to repurchase the property. The law would also prohibit the condemnation of property for economic development, as was the case in Kelo v. City of New London, Connecticut. HB 2016 passed the House by a unanimous vote on Feb. 13 and was referred to the Senate Judiciary Committee where it awaits public hearing.

Please also see these related hyperlinks:                

HB 2016, sponsored by Rep. Larry Springer

For more information, please contact AWB’s Chris McCabe at (360) 943-1600 or ChrisM@awb.org.

AWB supports better alternative to the ‘Sue Your Roofer’ bill

After dying in the House, the costly “Sue your Roofer” bill is still alive in the Senate. This bill would provide a new cause of action against contractors and developers for negligent construction of residential improvements to real property. Washington’s courts have never recognized this cause of action, and codifying this new tort will result in extremely harmful effects to general contractors and subcontractors by increasing insurance rates and opening the door to new litigation. Acknowledging problems in the construction industry, AWB instead supports the approach taken in HB 3349, which would require the Department of Licensing to conduct a sunrise review of the need for regulation of contractors involved in the repair, alteration, or construction of single-family homes. HB 3349 passed the House on Feb. 15. We need to continue support for HB 3349 while fighting the Senate version of the “Sue your roofer” bill.

Please also see these related hyperlinks:

HB 3349 sponsored by House Speaker Frank Chopp, and Rep. Mark Ericks

HB 2837, sponsored by Rep. Brendan Williams

SB 6385, sponsored by Sen. Brian Weinstein

For more information, contact Chris McCabe at (360) 943-1600 or ChrisM@awb.org.

Assistance for struggling students passes Senate
An AWB-supported bill that recently passed the Senate will assist students in eighth grade and beyond who either have not passed the reading and writing components of the WASL, or are otherwise in jeopardy of not graduating from high school. This measure provides approximately $8 million in assistance.

Please also see these related hyperlinks:

SB 6673, sponsored by Sen. Rosemary McAuliffe

For more information, contact AWB’s Donna Steward at (360) 943-1600 or DonnaS@awb.org.

RFID bill is a bad idea for Washington businesses
HB 1031 has passed the House and is on its way to the Senate Financial Institutions and Insurance Committee. This legislation would restrict the use of radio frequency identification technology. While the proposed legislation purports to protect consumer privacy, the bill is unnecessary and is more of a solution looking for a problem than sound public policy. The bill contains overly burdensome labeling and notification requirements and would place Washington business at competitive disadvantage, as no other state in the nation has passed similar laws. This bill will stifle future innovative RFID technologies that will provide additional safety and protections for consumers and businesses, assist in the removal of recalled products from stores and guard against the sale of counterfeit prescription medications and other merchandise.

Please also see these related hyperlinks:

HB 1031, sponsored by Rep. Jeff Morris

For more information, contact AWB’s Grant Nelson at (360) 943-1600 or GrantN@awb.org. 

Missed opportunity to clarify and ensure fairness of municipal B&O taxes
Two of the most important companion tax bills this session died because of aggressive opposition by the Association of Washington Cities and the City of Seattle. If enacted, these AWB-supported bills would have clarified the definition of customer location for local business and occupation taxes so that local B&O taxes could be fairly collected and apportioned. Despite setbacks, AWB will continue to a work aggressively on these ongoing issues.

Please also see these related hyperlinks:

HB 3244, sponsored by Lynn Kessler

SB 6894, sponsored by Steve Hobbs

For more information, contact AWB's Amber Carter at (360) 943-1600 or AmberC@awb.org .

Support new appropriations of water from the Columbia River
HB 3309 and SB 6874 will be the first step in supplying new water to the Columbia Basin by drawing down Lake Roosevelt an additional foot. In 2006, the Legislature enacted the Columbia Basin Water Supply Act relating to water resource management in the Columbia River Basin. A high priority of that legislation was the development of new water supplies to feed the Columbia River. This new legislation will supply an additional 132,500 acre-feet of water to the Columbia River, providing much-needed water for cities along the river. It will also ensure availability of water for “interruptible” water-right holders and provide water to the Odessa sub-area, reducing irrigators’ reliance on a shrinking aquifer. HB 3309 is pending in the House Rules Committee. SB 6874 unanimously passed the full Senate on Feb. 14 and was referred to the House Agriculture and Natural Resources Committee where it is scheduled for public hearing on Feb. 20. It will go on to the Executive Session for committee vote on Feb. 21.

Please also see these related hyperlinks:

HB 3309, sponsored by Rep. Timm Ormsby

SB 6874, sponsored by Sen. Lisa Brown

For more information, please contact AWB’s Chris McCabe at (360) 943-1600 or ChrisM@awb.org.

Employer wins wage-and-hour case in Washington Supreme Court

On Feb. 14 the Washington Supreme Court released its decision in Champagne v. Thurston County, a wage-and-hour class-action lawsuit alleging that Thurston County, as the employer, failed to pay its employees on a correct payment interval. The employees brought allegations under Washington’s Wage Rebate, Minimum Wage, and Wage Payment acts seeking, among other things, exemplary damages for double wages and attorney’s fees. The court held unanimously, with two justices concurring separately, that none of these statutes applied. The decision represents an appropriate limitation on the reach of these laws, particularly given the increased popularity of class-action lawsuits in the wage-and-hour field.

Please also see these related hyperlinks:

Court’s opinion (by Justice Mary Fairhurst)

Concurring opinion (by Justice Barbara Madsen)

For more information, please contact AWB’s Kris Tefft at (360) 943-1600 or KrisT@AWB.org.

Open-ended leaves of absence for employees facing domestic violence

Last week, the Senate unanimously passed a bill mandating open-ended leaves of absence for employees facing domestic violence. This week, the House will be considering a companion bill that would require all employers to provide a reasonable period of leave to victims of domestic violence, sexual assault or stalking, as well as for various legal, social or health-care related purposes. While we don’t disagree with the underlying purpose of the bills, AWB advocates amendments that would bring the proposal in line with existing family leave laws and would provide some definition and certainty around employer obligations.

Please also see these related hyperlinks:

SB 5900, sponsored by Sen. Debbie Regala

HB 2602, sponsored by Rep. Lynn Kessler

For more information, please contact AWB’s Kris Tefft at (360) 943-1600 or KrisT@AWB.org.

Workers’ comp pay during appeal bills on the move

House and Senate bills are on the move that would require the Department of Labor and Industries and employers who self-insure for workers’ compensation to pay all benefits on claims while the eligibility for benefits is on appeal. Working with self-insured employers, AWB is advocating for amendments that would place important limitations and qualifications around this proposal. The problem is that if benefits — sometimes tens and hundreds of thousands of dollars — are erroneously paid out, the L&I or the self-insured employer stands very little chance of every recovering their money. The prospect of having to pay back erroneously paid benefits could also be a major hardship — even a cause of bankruptcy — for workers, which is also a bad outcome. 

Please also see these related hyperlinks:

HB 3139, sponsored by Rep. Steve Conway

SB 6750, sponsored by Sen. Jeanne Kohl-Welles

For more information, please contact AWB’s Kris Tefft at (360) 943-1600 or KrisT@AWB.org.

Emergency planning and disaster management seminar Feb. 26
The best defense against disasters 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, see www.awb.org/events/seminars/emergencyplanning.asp  or contact AWB’s Jennifer Costello at (360) 943-1600 or JenniferC@awb.org. 

OSHA 10-hour certification course
Bring yourself up to date on the latest in safety training and OSHA standards. Classes will be held April 3 and 4 from 9 a.m. to 3 p.m. at the Woodland Park Zoo. Registration starts at 8:30 a.m. Register and find information enrollment fees at www.awb.org/events/seminars/osha10hrcert.asp. Contact AWB’s Jennifer Costello at (360) 943-1600 or JenniferC@awb.org.