“We have two ears and one mouth, and we should use them proportionally.” ~ Susan Cain”

Debates and voting also known as ‘Floor’ action have continued throughout the week. The pattern seems to be that for every three or four bills a chamber passes with bipartisan support, they then debate for hours on a controversial bill which ends with a partisan vote (28/21 or 57/41).

These floor debates will get even more spirited as all bills have to be out of their houses of origin by the end of the day March 9th. An opposition technique comes into play as these floor deadlines near. That is death by amendment. The threat by the opposition of proposing multiple amendments for a bill guarantees to take up time debating thus running the clock and potentially killing other bills awaiting action. This is often a reason a controversial bill may not even come to the floor. As a work-around, the majority party schedules a Saturday session like that did last week to debate (6 hours) and then pass the low-carbon fuel bill. Rumor has it, this Saturday, the debate will be over the capital gains, (SSB 5096) bill. Next week, committee hearings re-start and the process begins anew.

Meanwhile, here is a summary of what is still in obvious play.

Retirement Related Proposals

SB 5021 | Concerning the effect of expenditure reduction efforts on retirement benefits for public employees, including those participating in the shared work program. This bill provides that specified public pension and retirement calculations will not be reduced as a result of state mandated furloughs. (Passed the Senate 29/20. A scheduled hearing before the House Appropriations Committee on 3/11.)

ESSB 5115 | Establishing health emergency labor standards | Creates an occupational disease presumption for frontline employees during a public health emergency for the purposes of workers’ compensation. | Requires employers to notify L&I when a certain percentage of their workforce becomes infected during a public health emergency. | Requires employers to provide written notice to employees on the premises and their union of potential exposure to the infectious or contagious disease during a public health emergency. | Prohibits discrimination against an employee who is high risk for seeking accommodation that protects them from the disease or using all available leave options if no accommodation is reasonable. (Passed the Senate 48/1. Assigned to House Labor Committee. Hearing scheduled 3/12.)

SB 5352 | Allowing new government employees the option of opting out of retirement system membership if the employee is age sixty or older when first hired or when the employee’s employer opts into retirement plan participation. (Senate Floor Calendar).

SB 5367 | Directing the department of retirement systems to create rules regarding automatic refunds of retirement contributions in the retirement systems listed in RCW 41.50.030. (Passed Senate 47/0/2. Scheduled hearing 3/11 before House Appropriations).

SB 5453 | Concerning plans 1 and 2 of the state retirement systems. This bill by Senator Schoesler was introduced on Feb. 12th and assigned to Ways and Means. Although no hearing to date has been set, this bill is NTIB. (No movement)

School Employee Benefit Board (SEEB) SB 5322 | Prohibiting dual enrollment between school employees’ benefits board and public employees’ benefits board programs. (Passed the Senate 48/0/1 and scheduled hearing on 3/11 before House Appropriations Committee).

SSB 5326 | Concerning health and pension benefits for school bus drivers employed by private nongovernmental entities. This bill was moved to the Rules Committee after the WM Executive Session on Feb. 22. (Senate Rules Committee/ No movement).

Other bills:

There are a number of bills proposed that deal with expanding various employee benefits and qualifications. They address such areas as unemployment compensation, family and medical leave, and workmen’s compensation. These proposals may or may not apply to school districts and represent potential added costs to a district’s operations.

Two bills (E2 SHB 1073 and ESSB 5097) in the 2021 virtual legislative session are proposing changes.

E2SHB 1073 | Expands coverage of the paid family and medical leave program. The substitute bill removes the modified employee eligibility threshold of $1,000 earned and the expanded job protection and health benefit continuation provisions. Limited alternate eligibility is provided for claims between January 1, 2021, and June 30, 2022. The expanded definition of “family member” is modified and takes effect September 1, 2021. An intent section and emergency clause are added, with an immediate effective date applicable to the new alternate eligibility provisions. A null and void clause is added, making the bill null and void if funding for the bill is not provided in the operating budget. (Passed House 56/40/2)

ESSSB 5097 | expands coverage of the paid family and medical leave program. It a) changes the definition of family member, b) modifies the requirements for certain employment protections upon return from leave, and c) modifies which employees are eligible for continuation of health benefits during leave. (Passed Senate 29/19/1. Assigned to hearing before House Labor on 3/4).

ESHB 1214 |Creates the category of safety and security staff for kindergarten through grade 12 public schools. | Provides requirements for safety and security staff agreements, data collection, and training, for educational service districts, school districts, and charter schools. (Passed House 67/30/1)

SHB 1363 Addressing secondary trauma in the K–12 workforce. It is in Rules Committee awaiting scheduling for floor action. (Passed House 58/40. Hearing scheduled 3/12 before Senate Early Learning/Education)

HB 1486 Concerning qualifications for unemployment insurance when an individual voluntarily leaves work. (House Rules).

SHB 1492 | Concerning extended benefits in the unemployment insurance system. | Allows claimants of unemployment insurance to be eligible for extended benefits regardless of whether their 52-week benefit year has expired. | Allows the state’s extended benefit program to “trigger on” without having to wait the 13 weeks between extended benefit periods. | Amends a job search provision, for the purposes of federal conformity, regarding denying extended benefits for failing to accept an offer of, or apply for, suitable work. (Passed the House 94/2/2. Assigned to House Labor.).

SSB 5064 | Concerning qualifications for unemployment insurance when an individual voluntarily leaves work. (Senate floor calendar).

ESSB 5115 |Establishing health emergency labor standards. | Creates an occupational disease presumption for frontline employees during a public health emergency for the purposes of workers’ compensation. | Requires employers to notify L&I when a certain percentage of their workforce becomes infected during a public health emergency. | Requires employers to provide written notice to employees on the premises and their union of potential exposure to the infectious or contagious disease during a public health emergency. | Prohibits discrimination against an employee who is high risk for seeking accommodation that protects them from the disease or using all available leave options if no accommodation is reasonable. (Passed Senate 48/1. Hearing on 3/12 before House Labor.)

SSB 5137 Suspending workers’ compensation cost-of-living adjustments for fiscal year 2022, changing the basis of certain future adjustments to the consumer price index, and capping the rate of increase for future adjustments. (Senate floor calendar).

SSB 5425 Concerning extended benefits in the unemployment insurance system. This bill a) allows claimants to be eligible for unemployment insurance extended benefits regardless of whether their 52-week benefit year has expired, b) allows the state’s extended benefit program to “trigger on” without having to wait the 13 weeks between extended benefit periods, and c) amends a job search provision, for the purposes of federal conformity, regarding denying extended benefits for failing to accept an offer of, or apply for, suitable work. (Senate Rules).

SSB 5254 Concerning the use of protective devices and equipment during a public health emergency. Requires an employer that does not require a specific type of personal protective equipment (PPE) to accommodate an employee’s or contractor’s voluntary use of that PPE during a public health emergency, subject to certain conditions. (Passed Senate 47/1/1/1. Referred to House Labor.)

Fred Yancey
The Nexus Groups