AWC Legislative Bulletin - Volume 30, No. 7
February 16, 2007
(Plain Text Version)
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In this issue:
What You Need to Know Now
From the Director: Governor Gregoire Addresses CLAC Attendees
Energy & Telecommunications
Environment & Water
General Local Government
Infrastructure, Transportation & Economic Development
Land Use & Housing
Law & Justice
Municipal Finance
Personnel & Labor Relations
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AWC Legislative Contacts & Officers
Personnel & Labor Relations
Presumptive Disease for Firefighters (HB 1833, SB 5741)
These bills were heard in their respective labor committees on Thursday, February 15. Under current law, respiratory illnesses, many cancers and infectious diseases, and heart problems experienced within seventy-two hours of exposure to smoke, fumes, or toxic substances are presumed to be occupational illnesses for firefighters, entitling them to workers’ compensation benefits.
These bills would greatly expand the current statute, adding more diseases and conditions and changing the burden of proof required to rebut the presumption. In addition, if the presumption is upheld on appeal, employees must be awarded full benefits, attorney fees, expert witness costs and all other costs from the date of the employee’s initial application for benefits.
AWC testified against the measures, along with representatives from cities, fire districts, and the self-insurers’ association. Much of our testimony in opposition to the bills centered on the change in the standard of proof to rebut the presumption. The requirement that the presumption can only be rebutted by "clear, cogent, and convincing evidence" is simply too great.
A substitute version was offered in the House that removes the presumption for "any health condition or impairment resulting in total or partial disability" experienced with seventy-two hours of exposure to smoke, fumes, toxic substances, or strenuous physical exertion, because it was recognized that this was far too broad and costly.
There may be additional amendments to these proposals.
Even with amendments that have been discussed the bills are still much too broad. City officials should contact their legislators and express opposition to these bills.
Family and Medical Leave Insurance (HB 1658, SB 5659)
The Senate Labor, Commerce, Research & Development Committee will hold a hearing on SB 5659 on Thursday, February 22, at 3:30 pm. The House Commerce & Labor Committee heard HB 1658 on February 6.
This legislation would establish a family and medical leave insurance program to compensate eligible employees $250 per week for up to five weeks of family leave.
Under the bill, employers would be required to pay a premium of two cents per hour worked, up to a maximum of forty hours per week, for each employee – approximately $42 per employee per year. Employers could retain the full amount of the premium from employees’ paychecks.
Employers would be required to collect and pay this premium, and their employees would be entitled to the insurance payments, even if the employer provides paid family and medical leave to employees.
On February 13, the House Judiciary Committee passed SHB 1322 and it was then referred to the House Appropriations Committee. See last week’s Bulletin for more information on this legislation, which significantly expands the definition of disability in the Washington Law Against Discrimination.
Protecting Persons with Veteran or Military Status from Discrimination (SSB 5123/HB 1664)
The Senate Government Operations and Elections Committee passed out SSB 5123 on January 25 and it now awaits action in the Senate Rules Committee. This legislation amends the Washington Law Against Discrimination to prohibit discrimination based on a person's status as a veteran or member of the military.
Pensions for Survivors of Pre-LEOFF Firefighters (HB 1824)
The House Appropriations Committee passed out HB 1824 on February 15 and it is now in the House Rules Committee. It would allow survivors of pre-LEOFF firefighters killed in the line of duty or retired because of a duty-related disability to remarry without losing their survivor pension benefits.
Paid Military Leave for Public Employees (HB 1127)
This bill would increase the amount of paid military leave that would be provided to public employees from fifteen days to thirty days. It passed the House on a 95-0 vote on February 12 and is now in the Senate Government Operations and Elections Committee.
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