General Local Government

Filling a Vacancy in the Office of Mayor (HB 1391)

We are pleased to report that this bill passed the Senate on March 6 and will now be forwarded to the Governor for signature. This bill clarifies that incumbent council members in mayor-council cities are eligible to be appointed to fill a vacancy in the office of mayor without first having to resign their council seat. In addition, the bill proposes to remove the restriction that second class cities must only choose a mayoral replacement from among the sitting council members. AWC would like to thank Rep. Deborah Eddy (D-Kirkland) for her sponsorship of the bill and Sens. Darlene Fairley (D-Lake Forest Park) and Debbie Regala (D-Tacoma) for their support in the Senate.

Exempting Agricultural Structures from Building Code Requirements (SSB 6609)

This bill remains alive and at the time of this publication, is on the House Floor Calendar. The bill limits building permit fees for qualifying specialty agricultural buildings to a maximum of $75.00 and defines specialty agricultural buildings as buildings that house farm equipment or agricultural products and are not used for human habitation. AWC is concerned that the bill specifically limits local government permit fees to a level that does not cover the costs incurred by cities or counties to conduct inspections and pay for staff time. Cities and counties are working to hold the bill back from passage. We are asking House members to have the issue studied in the interim to find an acceptable alternative.

Modifying When a Special Election May Be Held (E2SSB 5271)

This bill would have eliminated the March and April special elections. In addition, the special election in May would have been changed from the third Tuesday to the first Tuesday. The bill failed to make it out of the House State Government and Tribal Affairs Committee last week and is considered dead for this session; however, representatives from the Washington Association of County Officials say that it is likely to be brought forward again next session.

Increasing Penalties for Violations of the Open Public Meeting Act (SHB 2567)

This bill was pulled from Senate Rules and is now eligible for action by the entire Senate. The bill proposes to increase civil penalties for violations of the Open Public Meeting Act from $100 to a range between $250 - $1,000.

Creating the Joint Legislative Task Force on HVAC/R (ESSB 5831)

This bill has been amended substantially and now calls for a study by a newly created Joint Legislative Task Force on Heating, Ventilation, Air Conditioning and Refrigeration (HVAC/R). Please see the February 22 Bulletin for more information. The bill passed the House Commerce & Labor Committee on February 22 and is now in Rules.

Tribal Police Officers (EHB 2476)

Authorizing tribal police officers to act as general authority Washington state peace officers, EHB 2476, passed out of the Senate Rules Committee on March 5 and could be acted upon by the full Senate at any time.  The Senate Judiciary Committee amended the bill to require the appropriate sovereign tribal entity to either (1) enter into an interlocal agreement with the city or county; or (2) submit to binding arbitration with the local government to reach an interlocal agreement.

The tribal government must also submit proof of its officer’s certification, liability insurance, and a waiver of the defense of sovereign immunity which allows civil tort action for damages, to the Office of Financial Management (OFM) for verification. For a tribal police officer to be authorized as a general authority Washington state peace officer, the tribal police officer must meet the standards and be certified by the Washington Criminal Justice Training Commission (CJTC). Given these amendments, AWC has no concerns with this bill.

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

This bill would allow the insurance commissioner to disapprove rates for the individual market, as the commissioner was able to do prior to 2000. A sliding-scale minimum loss-ratio requirement is created that is tied to the number of people each carrier declines for coverage. The Insurance Commissioner’s ability to review and disapprove rates for individuals expires January 2012.

ESSB 5261 passed the House 68-26 on February 29, but must be concurred with by the full Senate before being sent to the Governor for signature. It is expected to have an adverse impact on carrier rates, and may therefore impact the rates we could provide our Benefit Trust members.

Health Insurance Partnership Act (2SHB 2537)

2SHB 2537 passed out of the Senate Ways & Means Committee on March 3 and is currently eligible for consideration by the full Senate. This bill modifies the health insurance partnership statue which was created during last year’s legislative session. The Partnership is directed to offer five benefit plans, ranging from catastrophic to comprehensive coverage, and at least one plan must be a health savings account. The Ways & Means Committee also passed the bill with recommended amendments that would require small employers participating in the Partnership to attest they do not offer health insurance and at least 50% of their employees are low-wage workers.

AWC’s association plan counterparts have significant concerns that this bill now allows the HIP to compete for individuals who already participate in the small-group or individual markets. They fear this will adversely impact their ability to continue to provide coverage through their association plan. While AWC shares these concerns, we are confident our Benefit Trust coverage will continue to be of value to our members. We are also supportive of the intent of this legislation to expand coverage to people not currently able to afford or access health benefits.

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