“A camel is a horse designed by a committee.” ~ Alec Issigonis

“No one can argue with a testimony, it is not a debatable issue. It is there to be accepted or rejected.” ~ Bruce R. McConkie

The House of Origin cut-off has come and gone. Committee hearings have now started in earnest. The agendas can be quite lengthy as the rush to Sine Die begins in earnest. Various groups and individuals will have opportunities to testify “Pro” or “Con” on bills before the committee. Leadership and committee chairs then become the arbiters of which bills will advance further.

As an annual reminder, no bill is ever ‘dead’ until Sine Die, and any bill deemed ‘necessary to implement the budget’ (NTIB) remains alive until the bitter end.

Below is a brief report on selected bills.

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 for up to 1,040 hours per school year while in receipt of pension benefits until July 1, 2025. The bill was amended to add that retirees that retired from service before January 1, 2022, and that work for a school district with fewer than 2,000 students may continue to receive pension payments for up to 1,040 hours per school year until July 1, 2025 if employed as a district superintendent or an in-school administrator.

Comment: Scheduled for a public hearing before the Senate Ways and Means Committee on Feb. 22nd.

EHB 1752 | Adding a Roth option to deferred compensation plans.

Comment: Passed the House 96/0 and is scheduled for a public hearing before the Senate Ways and Means’ Committee on Feb. 22nd.

HB 1804 | Concerning interruptive military service credit for members of the state retirement systems.

Comment: It passed the House 96/0 and is scheduled for a public hearing before the Senate Ways and Means’ on Feb. 22nd.

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 not to exceed $110/month for TRS1/PERS1 Plan retirees.

Comment: SB 5676 was passed by the Senate 47/0/2 and has been sent to the House Appropriations Committee awaiting scheduling.

SB 5726 | Concerning interruptive military service credit for members of the state retirement systems. It expands the definition of veteran for purposes of veterans’ benefits in state pension systems, legal assistance, scoring criteria on civil service exams, and other programs, to include members that were awarded an expeditionary medal.

Comment: Passed the Senate 49/0 and is awaiting scheduling before House Appropriations.

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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 passed the House 86/9 and was sent to the Senate Labor which voted it out of committee.

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 passed the House 88/8/2 and is scheduled for executive session on 2/21 before the Senate Ed Committee.

SHB 1644 | Expands allowable uses of school districts’ transportation vehicle funds to include purchase, installation, and repair of vehicle charging stations and other zero-emission fueling stations, and feasibility studies to transition to electric or zero-emission vehicles for pupil transportation •

Comment: This bill passed the House 88/8 and had a public hearing before the Senate Education Committee on Feb. 18th.

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 passed the House 66/30 and is scheduled for executive session on 2/21 before Senate Education Committee.

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 House 56/40 and was moved to Senate Labor Committee for scheduling.

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 took 10 hours of floor debate into the wee morning hours to barely pass 40/48. It is scheduled for a public hearing before the Senate Labor Committee on Feb. 23rd.

SHB 1902 | This bill provides for reopening a workers’ compensation claim when the provider fails to submit the application. A claimant may receive compensation and other benefits more than 60 days before submission of the reopening application when the following applies: the application was not received by L&I or the self-insurer within 60 days due to a failure of the provider; and the worker demonstrates that the worker information page was completed and submitted to L&I, the self-insurer, or the provider within 30 days of provision of the relevant medical services. The L&I or self-insurer must provide notice of the submission deadlines on any forms it provides for use as claim reopening applications.

Comment: Passed the House 98/0 and had a public hearing before the House Labor Committee on Feb. 17th.

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. Limits prejudgment interest to judgments entered following trial and arbitration awards. Excludes medical malpractice claims from prejudgment interest. A “public agency” as defined in RCW 42.30.020 will not be subject to the new prejudgment interest provisions proposed by SB 5150. Public agencies will be liable for postjudgment interest only, as they are now.

Comment: This bill passed the Senate 31/18. A public hearing was held on Feb. 18thand it has been scheduled for executive session before the House Civil Rights and Judiciary Committee on Feb. 23rd.

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 Senate 28/21 and has been sent to House Appropriations for scheduling.

SSB 5564 | Protecting the confidentiality of employees using employee assistance programs.

Comment: This bill passed the Senate 45/4 and had a public hearing on Feb. 16th and executive session scheduled for Feb.18th before the House Labor Committee.

ESSB 5628 | Concerning cyber harassment, addressing concerns in the case of Rynearson v. Ferguson, and adding a crime of cyberstalking. It renames the crime of cyberstalking to cyber harassment and amends the elements of that crime. Creates the crime of cyberstalking including application to election officials. It permits victims of cyber harassment to apply to the secretary of state’s address confidentiality program and includes election officials.

Comment: This bill passed the Senate 49/0 and has been scheduled before the House Public Safe Committee for a public hearing on Feb. 18th and executive session scheduled for Feb. 22nd and Feb. 23rd.

2SSB 5649 | This bill as amended provides that an allowable purpose for family leave is any leave taken by an employee during the seven calendar days following the death of the family member for whom the employee would have qualified to take medical leave for the birth of their child or would have qualified for family bonding leave. Specifies that leave taken by certain employees in the first six weeks after giving birth must be medical leave unless the employee chooses to use family leave. Expires the collective bargaining agreement exception contained in the Paid Family and Medical Leave (PFML) program. Requires the Employment Security Department to publish a list of employers with approved voluntary plans on its website. Contains provisions on short- and long-term actuarial services assessing the financial condition of the PFML program to maintain financial stability of the family and medical leave insurance account. Creates a legislative task force on PFML program premiums and requires a Joint Legislative Audit and Review Committee report.

Comment: Passed the Senate 42/7 and had a public hearing before the House Labor Committee on 2/18 with executive session schedule for Feb. 22nd.

ESSB 5761 | Concerning employer requirements for providing wage and salary information to applicants for employment. This bill 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 bill passed the Senate 27/21. A public hearing was held by the House Labor Committee on 2/17 and executive session has been scheduled for Feb. 18th.

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 the Senate 48/1. A public hearing before the House Labor Committee was held Feb. 16th and executive session scheduled for Feb. 18th.