Exempting Agricultural Structures from Building Code Requirements (SHB 2767, SSB 6609)

HB 2767 was amended in the policy committee and moved on to the Rules Committee. The original bill allowed certain agricultural buildings that house farm equipment, hay, grain, poultry, livestock or other horticultural products to be exempt from all building codes, but not from setback requirements or utility easements. The amended bill limits the permit charges for these buildings but leaves intact the building code requirements.

Cities are concerned when the Legislature makes a decision to single out specific buildings for a reduction in permit charges without providing a recovery mechanism for the local government staff time spent on the permitting process. SB 6609 remains in committee and will be considered dead if it doesn’t move by the cutoff date of February 8.

Building Code Liability (SSB 5892, HB 3272)

There has been a lot of discussion in the legislature the past couple of years about construction problems and the liability for those problems. These two bills attempt to place some of the liability with construction defects on local government building inspectors.

SSB 5892 would hold a county or city liable for damages caused by their gross negligent failure to enforce the building codes. The bill was amended and passed out of committee, in spite of the testimony by a panel of local government representatives. Once committee members provide their signatures to the bill, it moves on to Senate Rules Committee for further review.

HB 3272 is a similar bill, but has been held back from a hearing until after the cutoff date of the committee, thereby making the bill ineligible for a vote. Local governments will again have a panel in the House Local Government Committee on Thursday, February 14 at 9 am.

Public Records Act (HB 2839, HB 3231, HB 3251)

We are pleased to report that the following bills related to the Public Records Act failed to make it out of their committees of origin and are considered dead for the session.

HB 2839 would have disallowed agencies from petitioning for a judicial determination whether records are exempt from disclosure. Under HB 3231, the current Public Records Act exemption for records relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery, would have been narrowed to apply only in cases of an on-going controversy. Under HB 3251 a self-insurance program would not be able to define the terms under which an entity complies with the Public Records Act.

Prohibiting Discrimination in Community Athletic Programs (SB 6547/SHB 3001)

This legislation would prohibit any city, town, county, or district or third party contractor from discriminating on the basis of sex in the allocation of facilities and resources in administering youth or adult community athletic programs. The bills have been amended to remove much of the reporting requirements proposed in the original bill.

In addition, a legislative committee workgroup to study alternate or additional remedies for violations and to determine appropriate compliance reporting procedures would be established. However, cities remain concerned with the civil liability the bill would place on local governments with respect to third party contractors. Both bills passed out of their respective committees following adoption of the aforementioned amendments. The bills are now in the Rules Committee in their respective chambers. AWC and park representatives continue to review and refine the bills.

Authority for the Insurance Commission to Review Individual Health Plans (ESSB 5261)

ESSB 5261 was introduced during the 2007 legislative session and passed out of the Senate (31-18) on Wednesday, January 30. A public hearing was held on the bill on Thursday, February 7 in the House Committee on Health Care & Wellness.

This bill would allow the insurance commissioner to disapprove rates for the individual market, as the commissioner was able to do prior to 2000. Individual health plan rates or any modification of rates may not be used until 60 days after they are filed with the commissioner. A sliding-scale minimum loss-ratio requirement is created that is tied to the number of people each carrier declines for coverage. It is expected to increase costs to the carriers for providing health plans, which will in turn, affect the cost to cities providing health care coverage to employees.

Tribal Police Officers (HB 2476/ SB 6524)

These bills would authorize tribal police officers to act as general authority Washington state peace officers. On January 25, HB 2476 passed the House Committee on State Government and Tribal Affairs and was referred to the House Appropriations Subcommittee on General Government & Audit Review. HB 2476 was relieved from the Committee without a hearing and moved to the House Rules Committee.

It is clear that House leadership wants to move this bill. The Washington Association of Sheriffs and Police Chiefs support the bills with conditions; however, the Washington Sheriff’s Association opposes the bills citing concerns over rules, jurisdictions, qualifications and liability.

Election of Board for Regional Fire Protection Service Authorities (SHB 3201)

As originally introduced, this bill specified that the initial governing body of a Regional Fire Protection Authority would be a temporary, appointed board consisting solely of elected officials holding office in the participating entities. After three years, the initial appointed board must be replaced by an elected board consisting of five commissioners chosen by the registered voters living within the jurisdictional boundaries of the Authority.

The substitute bill indicates that an individual entity is limited to a maximum of three appointed board members and following the election of the new five-member board, one appointed board member from each participating entity remains on the board for one year as an ex officio (non-voting) member. SHB 3201 passed out of the House Committee on Local Government on February 4.

[ previous article ] [ return to top ] [ next article ]