“Hope springs eternal…” ~ Alexander Pope,
An Essay on Man
“Tick-tock. Tick-tock”. Bills are dying in greater numbers than are passing.
The legislative clock continues to count down. The Senate is dealing with 85 bills while the House has 65 on their calendar for possible action. March 4th is the last day to consider opposite house bills. Both chambers then retreat into cloaked meetings to negotiate bills differences. While these negotiations are going on, any upcoming committee agendas will generally be scheduled work sessions to set direction for the interim and next session. That’s assuming they meet.
But remember, no bill is ever ‘dead’ until Sine Die, and any bill deemed ‘necessary to implement the budget’ (NTIB) remains alive until the bitter end. So, one can still hope that his/her cherished bill(s) is (are) still ‘alive’. See end of report for brief opinion on “Why bills die?”
Below is a brief report on selected bills with an educated guess as to status if they have not passed the chamber. As this report is being written, bills still in Rules will likely ‘die’. But remember, Casey Stengel says, “Never make predictions; especially about the future.”
Retirement Related Proposals
ESHB 1699 | Permitting individuals retired from the public employees’ retirement system, the teachers’ retirement system, and the school employees’ retirement system additional opportunities to work for a school district.
Comment: This bill remains in Senate Rules and has not been moved to the floor calendar. Given the time remaining, it is likely ‘dead’.
EHB 1752 | Adding a Roth option to deferred compensation plans.
Comment: This bill passed the Senate. It will be forwarded to the Governor.
SHB 1759 | An act relating to requiring school districts and other public education entities to make information from the department of health about substance use trends, overdose symptoms and response, and the secure storage of prescription drugs, over-the-counter medications, and firearms and ammunition, available through their websites and other communication resources.
Comment: Because this bill is in Senate Rules awaiting further action, it is likely ‘dead’.
HB 1804 | Concerning interruptive military service credit for members of the state retirement systems.
Comment: It is before Senate Rules awaiting a pull to the floor calendar; likely ‘dead’.
SB 5676 | Providing a benefit increase to certain retirees of the public employees’ retirement system plan 1 and the teachers’ retirement system plan 1.
Summary: This bill would provide a 3% increase (COLA) not to exceed $110/month for TRS1/PERS1 Plan retirees.
Comment: This bill passed House 95/0/1/2 and will be sent to the Governor.
Other Areas Of Potential Fiscal Impact (Often, Unfunded) To Districts:
HB 1613 | Concerning shared reporting responsibilities for both the paid family and medical leave and the long-term services and supports trust programs to clarify that information collected from employer reports shall remain private.
Comment: This bill remains in Senate Rules and is likely ‘dead’.
SHB 1617 | Aligning state and school holidays. The legislature intends to clarify that Juneteenth, like all other state legal holidays, is a school holiday on which school may not be taught.
Comment: This bill remains in Senate Rules waiting to be moved to floor calendar.
SHB 1644 | Expands allowable uses of school districts’ transportation vehicle funds to include purchase, installation, and repair of electric vehicle charging stations and other zero-emission fueling stations for pupil transportation vehicles; completing feasibility plans to transition gas or diesel pupil transportation vehicles to electric or zero-emission; and converting or repowering gas or diesel pupil transportation vehicles to electric or zero emission.
Comment: This bill has passed the Senate but was amended so will be sent back to House for their reaction. (See previous discussion above regarding process.)
SHB 1759 | Requiring school districts and other public education entities to make information from the department of health about substance use trends, overdose symptoms and response, and the secure storage of prescription drugs, over-the-counter medications, and firearms and ammunition, available through their websites and other communication resources.
Comment: This bill remains in Senate Rules waiting to be moved to floor calendar; likely ‘dead’.
ESHB 1795 | Makes void and unenforceable provisions in agreements between an employer and employee that prohibit the disclosure of conduct that is illegal discrimination, harassment, retaliation, a wage and hour violation, or sexual assault, or that is against a clear mandate of public policy, occurring in the workplace.
Comment: This bill passed the Senate 29/20 and will be sent to the Governor.
HB 1833 | Establishing an electronic option for the submission of household income information required for participation in school meals and programs.
Comment: This bill passed the Senate and will be sent to the Governor.
EHB 1837 | This bill repeals the restriction on the regulation of work-related musculoskeletal disorders and ergonomics, overturning a 2003 voter approved initiative barring L & I from developing ergonomic regulations.
Comment: This bill is on the Senate floor calendar with 20 proposed Republican sponsored amendments. This is a clear example of a bill that if the D’s bring to the floor for debate will eat up precious time. Stay tuned. Likely ‘dead’.
SHB 1902 | This bill provides for reopening a workers’ compensation claim when the provider fails to submit the application in a timely manner. The proposed striker limits the maximum days for allowance of compensation and other benefits in a reopened claim under certain circumstances to 120 days prior to the receipt of the application.
Comment: This bill is on the Senate floor calendar awaiting action.
E2SSB 5155 | Modifies the accrual date for interest on judgments founded on the tortious conduct of individuals and entities other than public agencies from the date of entry of judgment to the date the cause of action accrues.
Comment: This bill is on House floor calendar with multiple amendments proposed. Initial debate was halted and bill was tabled.
Effect: Applies prejudgment interest to judgments founded on the tortious conduct of public agencies; Removes exemption from prejudgment interest for medical malpractice claims and thereby applies prejudgment interest to all judgments founded on the tortious conduct of individuals and other entities; and Provides that judgments founded on tortious conduct that occurred while the plaintiff was a minor bear interest from the date the action is commenced or the date the minor turns 18 years of age, whichever is earlier.
SB 5539 | Concerning state funding for educational service districts. This bill requires that state funding be provided to each educational service district (ESD) for the employer cost of school employees’ benefits for employees of the ESD that are covered by collective bargaining.
Comment: This bill passed the House and will sent to the Governor.
SSB 5564 | Protecting the confidentiality of employees using employee assistance programs.
Comment: This bill is now before the Governor having passed both houses.
ESSB 5628 | Concerning cyber harassment, addressing concerns in the case of Rynearson v. Ferguson, and adding a crime of cyberstalking.
Comment: This bill is on the House calendar awaiting further action.
2SSB 5649 | This bill modifies the Washington state paid family and medical leave act.
Comment: This bill passed the House and will sent back to the Senate for reaction. An amendment adding a ‘null and void’ clause subject to funding was added as were a few technical changes.
ESSB 5761 | Concerning employer requirements for providing wage and salary information to applicants for employment. It modifies the requirements to provide wage information to require employers to provide the wage scale or salary range in job postings and to include a general description of all benefits and other compensation, rather than providing wage and salary information only upon request of an applicant after the initial job offer. Removes the requirement that if no wage scale or salary range exists, the employer must provide the minimum wage or salary expectation prior to posting the position, making a position transfer, or making the promotion. Limits the persons who are entitled to remedies to a job applicant or an employee.
Comment: This amended bill passed the House 51/46 and has been sent back to the Senate for action. The amendment changes the effective date to 1/1/2023.
ESSB 5873 | Concerning unemployment insurance, family leave, and medical leave premiums. This bill decreases the maximum Unemployment Insurance (UI) social cost factor for 2022 and 2023 and sets a maximum UI rate class for the purposes of the percentage of the social cost factor to be paid by small businesses in 2023.
Comment: This bill passed both houses and will sent to the Governor.
Addendum
Question: “Why do good bills die?”
The answer to this question could be a mini-novel. This is only a brief answer.
There are many obstacles to overcome in order for bills to advance. The first obstacle is volume. Too many bills create overwhelm legislators. There is too much candy in the candy shop and it’s hard to choose. Fortunately, there is a calendar that forces choices. Timelines with cutoffs mandate making tough choices on what to advance. Bills begin to fall off any list. Meanwhile the session calendar continues running.
There are other factors. Friction within each caucus over various bills especially among members worried about re-election (given that 2022 is an election year) makes for extended recesses decreasing floor time to act on bills. The choices to limit the length of daily floor sessions and not have action on weekends means less time devoted to advancing legislation.
Once bills make it to the floor, the R’s, (this Session) exert the power of the minority. They will offer many amendments especially on controversial bills like gun control and through debate take up floor time. They can threaten to add amendments to bills to force D’s to move on to other bills in order to avoid debate. Ultimately, session ends. Thus, bills that are left die. End of story.