“Democracy dies in darkness”
Washington POST
Committee hearings are either temporarily suspended or have small agendas as attention changes focus to floor action. Bills that have made it out of committees now must make it to the floor calendar for possible debate and vote. A reminder that March 8th is the deadline for bills to have cleared their house of origin
As always, and to repeat: Bills that are necessary to implement the budget (NTIB) remain alive beyond any of these deadlines. (Although, what makes a bill NTIB is fairly loosely defined.)
For an outsider looking in, it is extremely frustrating that much of the action that fine tunes/amends bills occur behind closed doors, out of sight of the general public. This is particularly true of the development of the budget, but as one can observe, amendments often crop up on bills the day of their final hearing or on the floor once brought forward for debate. The net effect is that the public often has little time to read and understand any proposed change(s). This is particularly galling when the budget proposal itself is often released in the morning with a same-day public hearing. But this is the system. So be it.
Listed below are bills that appear to be moving or that have made it to the opposite house awaiting committee hearings.
Retirement Related Proposals
To repeat: Previous reports have covered the bills related to addressing the lack of a cost-of-living increase (COLA) for members in TRS/PERS Plans 1. They are: HB 1057/SB 5350, HB 1201/SB 5294, and HB 1459.
There are four bills currently moving that deal with pensions; two sets/companions per chamber, and all four slightly differing.
SB 5350 would grant a one-time, capped 3% COLA for TRS1/PERS1 plan members. It also directs the Select Committee on Pension Policy (SCPP) to recommend a path to regaining a permanent COLA for these retirees.
SB 5294 was amended. The principal change was that as originally proposed, it took the $800 Million last session budgeted to lower the unfunded liability in TRS Plan 1. The amended bill leaves $250 Million toward the liability and transfers the rest to the General Fund. In short, it: Removes the underlying provisions of the bill. • Sets the existing minimum UAAL rates to end after FY 2023. • Sets UAAL rates for FY 2024 through 2027. Establishes a new minimum UAAL rate of 0.5 percent that goes into effect in FY 2028.
HB 1057 would grant a one-time, capped 3% COLA for TRS1/PERS1 plan members. It also directed the SCPP to recommend a path to regaining a permanent COLA for these retirees. Unlike its companion, an adopted amendment froze current rates until 2028.
HB 1201 Eliminates the minimum contribution rates for amortizing the unfunded liabilities in the Teachers' Retirement System Plan 1 (TRS 1), beginning August 31, 2024, and for the Public Employees' Retirement System Plan 1 (PERS 1), beginning June 30, 2025. • Fixes the employer contribution rate for the unfunded liabilities in PERS 1 and TRS 1 at zero until 2029, excluding amounts to amortize benefit improvements made after June 30, 2009. • Repeals the scheduled payment of $800 million into the TRS 1 fund scheduled for June 30, 2023.
The Senate Ways and Means Committee and Senate Rules moved SB 5350 and SB 5294. Both are on the floor calendar awaiting action by the full Senate. HB 1057 and HB 1201 have been moved to Rules.
SHB 1007: Concerning interruptive military service credit for members of the state retirement systems.
Comment: Retirement credit can be awarded in any armed conflicts if the participant was awarded the respective campaign or expeditionary badge or medal…. the ‘expeditionary badge' qualifier was added.
HB 1007 passed the House 97/0 and has moved to the Senate Ways and Means.
HB 1008: Concerning participating in insurance plans and contracts by separated Plan 2 members of certain retirement systems.
Comment: This bill would simply make retiree insurance provisions uniform and equitable for Plan 2 and 3 members.
HB 1008 passed the House 93/0 and has been moved to Senate Ways and Means.
SHB 1056/ SB 5349: Repealing some post-retirement employment restrictions.
Comment: Beginning January 1, 2024, any current or future retiree under the provisions of early retirement may utilize the 32 postretirement employment provisions of RCW 41.32.802(2) for up to 867 hours per year.
SHB 1056 passed the House 93/0 and has moved to Senate Ways and Means. SB 5349 is in Senate Rules. It is likely that HB 1056 will be the bill that is moved; SB 5349 will die.
SSB 5121: Extending the expiration date of the joint select committee on health care oversight.
Comment: The expiration date of this committee is to be extended. Its goal must be to ensure that these multiple health and insurance regulatory agencies are not duplicating their efforts and are working toward a goal of increased quality of services
leading to reduced costs to the health care consumer.
Passed Senate 48/0 and has moved to the House Health Care and Wellness Committee.
SSB 5490: Concerning health care coverage for retired or disabled employees denied coverage for failure to timely notify the authority of their intent to defer coverage.
Comment: A retired or disabled employee who was eligible to defer coverage when they left employment, but failed to do so and later applied for retiree coverage and was denied solely for failure to notify HCA of their plan to defer coverage, and appealed the denial of benefits by December 31, 2022, may enroll in retiree health care. A retired or disabled employee enrolling in benefits may only enroll in a fully-insured Medicare advantage or Medicare supplement plan. A retiree taking advantage of this provision must apply by the end of the open enrollment period for the plan year beginning January 1, 2024.
This bill is in Rules Committee awaiting further action.
Other Areas of Potential Fiscal Impact (and often unfunded) to Districts
SHB 1068: Concerning injured workers' rights during compelled medical examinations.
Comment: This allows an injured worker to make an audio and video recording of a compelled medical examination and to have one person of the worker's choosing present during the examination.
This bill passed the House 65/33 and will be moved to the Senate Labor and Commerce Committee.
SHB 1106: Concerning qualifications for unemployment insurance when an individual voluntarily leaves work.
Comment: Expands access to unemployment insurance benefits by adding circumstances where a person may voluntarily quit for good cause.
This bill has been placed on House floor calendar for possible action.
SHB 1136: Requiring employers to reimburse employees for necessary expenditures and losses.
Comment: Requires employers to reimburse employees for all necessary expenditures and losses incurred in direct consequence of their duties.
This bill is in House Rules awaiting action.
HB 1187: Concerning privileged communication between employees and the unions that represent them.
Comment: To effectuate the public policy favoring effective collective bargaining, it is necessary to protect confidential union–employee communications in the course of union representation against disclosure.
This bill is in House Rules waiting movement.
HB 1200: Requiring public employers to provide employee information to exclusive bargaining representatives.
Comment: Requires certain public employers to provide exclusive bargaining representatives' information, such as contact information, date of hire, salary, and job site location of employees in bargaining units if the employer has that information in
its records. Allows an exclusive bargaining representative to bring a court action if a public employer fails to comply with the requirement to provide information.
HB 1200 has been moved to House Rules.
EHB 1210: Concerning the recording of school board meetings.
Comment: Specifies that a public records request for recordings of school district board of directors meetings must include the date of the meetings requested or a range of dates. Provides that searches for public records need not include recordings of
school district board meetings unless a date is given. Requires all school district board meetings to be audio recorded, subject to exceptions for executive sessions and emergencies, with recordings kept for at least one year. Encourages school districts
to make the content of school board of directors meetings available in formats accessible to individuals who need communication assistance and in languages other than English.
This bill passed House 96/1 and has been moved to the Senate State Government Committee for a public hearing 2/17.
SHB 1248: Concerning pupil transportation.
Comment: Requires the Superintendent of Public Instruction to provide transportation safety net awards to school districts with excess special passenger costs for special education, homeless, and foster students, as defined in the operating budget. • Requires that school district contracts for pupil transportation services must include sufficient funds to provide employees of the contracting employer with health benefits and pension contributions equivalent to those of school district classified employees. • Provides one-time supplemental allocations to districts that experience higher costs because of the new contract requirements. (According to the fiscal note, these allocations are just partial and paltry reimbursement for added costs for the benefits.)
This bill has been moved to House Rules for possible action.
SHB 1320: Concerning access to personnel records.
Comment: Specifies that an employer must provide the employee's complete, unredacted personnel file within 14 calendar days of the request from the employee, former employee, or their attorney, agent, or fiduciary. • Requires an employer to provide to a former employee, upon request, a statement of the employee's discharge date and reasons, if any, for the discharge. • • Creates a private cause of action to enforce the requirements. Requires the Department of Labor and Industries and the Employment Security Department to provide employers with information regarding the employer's obligations and the employee's rights.
Scheduled for Executive Action on 2/24 in House Appropriations.
SB 5059: Concerning prejudgment interest.
Comment: This was proposed last session. Briefly stated, judgments founded on the tortious conduct of a "public agency" shall bear interest from the date (of entry) the cause of action accrued. So if a district is found liable for neglecting to act in
a child’s best interest years after the fact, it will pay a penalty and interest from the day the neglect/damage first occurred, from the date the action is commenced, or the date the minor attains the age of eighteen years, whichever is earlier.
Executive Session scheduled 2/23 before Senate Ways and Means.
SB 5084: Creating a separate fund for the purposes of self-insured pensions and assessments.
Comment: Creates a self-insurance reserve fund for payments from self-insured employers related to workers' compensation pensions and from the overpayments reimbursement fund.
SB 5084 is in Senate Rules.
ESSB 5123: Concerning the employment of individuals who lawfully consume cannabis.
Comment: Prohibits employers, with some exceptions, from discriminating against a person in hiring if the discrimination is based on the person's use of cannabis outside of work or on certain employer-required drug screening tests.
The bill does not: prohibit an employer from basing initial hiring decisions on scientifically valid drug screening conducted through methods that do not screen for non-psychoactive cannabis metabolites; • apply to testing for controlled substances other than pre-employment, such as post-accident testing or testing because of suspicion of impairment or being under the influence of alcohol, controlled substances, medications, or other substances; • affect the rights or obligation of an employer to maintain a drug and alcohol free workplace, or any other right or obligation of an employer required under federal law or regulation; • apply to applicants in the airline or aerospace industries, or applicants applying for a position that requires a federal government background investigation or security clearance; or • apply to safety-sensitive positions for which impairment while working presents a substantial risk of death.
Passed Senate 28/21. Sent to House Labor for scheduling.
SHB 5174: Providing adequate and predictable student transportation.
Comment: Removes provisions that modify the student transportation funding formula. • Removes additional monthly reporting requirements. Removes provision requiring transportation contractors to provide employee health and retirement benefits comparable to those received by school employees. • Creates a special passenger safety net program. • Updates intent section.
This has been moved to Senate Rules Committee.
SB 5240/
HB 1656: Concerning unemployment insurance benefits appeal procedures.
Comment: A dispute of an individual's initial determination, determination of allowance or denial of allowance of benefits, or redetermination of allowance or denial of benefits, all matters covered by such initial determination, determination, or redetermination
shall be deemed to be in issue subject to appeal.
SB 5240 has been sent to Senate Rules Committee. HB 1656 is in House Rules.
SSB 5275: Expanding access to benefits provided by the school employees' benefits board.
Comment: Allows tribal compact schools, employee organizations representing school employees, and school board directors the option of providing health care through the School Employees' Benefits Board.
Placed on floor calendar awaiting further action.
SSB 5286:
Modifying the premium provisions of the Paid Family and Medical Leave program.
Comment: Amends the premium rate calculation in the Paid Family and Medical Leave program (PFML) to be based on a specified formula rather than the Family and Medical Leave Insurance Account (Account) balance ratio on September 30th of the previous year.
Sets a maximum rate of 1.2 percent and removes the Employment Security Department's authority to assess a solvency surcharge if the Account balance ratio falls below a certain threshold.
Passed Senate 48/0 and moved to House 2/3, awaiting a date for public hearing before House Labor.
SB 5296: Concerning interruptive military service credit for members of the state retirement systems.
Comment: Members of the state's retirement systems who leave employment to enter the armed forces of the United States may be eligible for interruptive military service credit. Interruptive military service credit applies to all Washington state retirement systems. A member can qualify for up to five years of no-cost interruptive military service credit. The employer and state pay their contributions plus interest and the system subsidizes the member contributions and interest.
Passed the House 49/0 and will be sent to Senate Ways and Means.
Fred Yancey
The Nexus Group LLC
