Volume 32, No. 11
March 27, 2009

Personnel & labor relations

Pension rates

In the January 16 Bulletin, we reported the Governor’s proposal to reduce pension contributions in her 2009-11 Budget. AWC has received several recent inquiries about reductions in pension contribution rates. We have no new information to share at this time. However, the House and Senate budget proposals are expected to be released early next week. Once released, we will inform you of pension rate proposed adjustments.

Restricting contact with medical providers after appeals have been filed on industrial insurance claims (SHB 1402)

This bill would restrict contact by employers, employees, and the Department of Labor and Industries with medical providers at specified stages after an industrial insurance claim denial has been appealed by the claimant. An employer, after receiving a notice of appeal, may not have contact with the employee’s medical provider to discuss issues in the appeal without written authorization. Likewise, the employee may not have contact with the employer’s independent medical examiner after an appeal has been filed, without written authorization.

Contact with medical providers would be permitted for ongoing claims management, including treatment needs and return-to-work issues. Written authorization for contact is valid only if given after the appeal is filed and expires in 90 days.

SHB 1402 passed the House 55-42 on Wednesday, March 11 and was heard by the Senate Committee on Labor, Commerce and Consumer Protection on Tuesday, March 24.

Annexation of unincorporated areas served by fire protection districts (SB 5808/HB 2020)

These bills set forth procedures when any portion of a fire protection district is proposed for annexation or incorporation into a city, code city, or town. If passed the new law would require notification by both the fire district and the annexing city to existing fire district employees of the proposed annexation and any impacts on employment.

If needed to retain current service levels in the newly annexed area, unless an agreement for different terms of transfer is reached between the collective bargaining representatives of the transferring employees and the fire protection jurisdictions (both city and district), eligible fire district employees would be transferred to the annexing city retaining certain employee rights and benefits equal to those of the fire protection district. These rights and benefits would be subject to collective bargaining at the end of the current bargaining period for the jurisdiction to which the employee has transferred.

These bills are compromised agreements between cities, fire fighters, fire chiefs and the fire districts. As with most compromises no single party is completely satisfied. AWC is pleased with the new methods of annexation in these bills. HB 2020 did not pass the House and is dead. SB 5808 passed the Senate 43-2 on Friday, March 6, was heard by the House Local Government & Housing Committee on Monday, March 23 and is now House Rules where it is eligible for further action. Please contact Luann Daniels luannd@awcnet.org if you have any questions on these bills.

Gender equity in community athletics programs (SB 5967/HB 2124)

SB 5967 passed the Senate 41-4 on Wednesday, March 11, and was referred to the House Judiciary Committee. The bill would prohibit a city, town, county or district from discriminating against any person on the basis of gender in the operation of community athletics programs for youth or adults. The bill was amended in the Senate and improved significantly from the original proposal.

They key amendment removed city liability regarding third party use of city facilities and potential discrimination. Cities will be required to inform and secure written statements from third parties that they will not discriminate.

Following a Monday, March 23 public hearing, the House Judiciary Committee amended the bill with little more than technical corrections and passed it onto the House Rules Committee for further consideration. The House companion bill HB 2124 was introduced on Tuesday, February 10, but never received a hearing.

Expanding the rights of domestic partners (E2SSB 5688/HB 1727)

These bills provide that for all purposes under state law, state registered domestic partners are treated the same as married spouses. SB 5688 passed the Senate 30-18 on Tuesday, March 10, and was referred to the House Judiciary Committee where it was heard on Monday, March 23. If passed and signed into law, this bill will impact pensions and other employee benefits such as health care. HB 1727 is dead.

 

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