AWC Legislative Bulletin - Volume 30, No. 15
April 13, 2007
(Plain Text Version)
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In this issue:
What You Need to Know Now
From the Director: Legislature Moving Toward Adjournment - So Far, A Good Session for Cities
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
Definition of Disability (SSB 5340)
SSB 5340 was amended and passed the House on April 10 by a vote of 66-32. While the amendments were helpful, the more substantive changes we were seeking were not attached to the bill.
This bill significantly expands the definition of disability in the Washington Law Against Discrimination to encompass any impairment that is medically cognizable or diagnosable, including temporary and fully-mitigated impairments, regardless of whether the impairment has any impact on the individual’s work or life.
The bill includes additional requirements for an impairment to be considered a disability for reasonable accommodation purposes only, creating different standards for reasonable accommodation and other disability discrimination claims.
The version that passed the House changed the retroactivity clause, making the new definition apply to all causes of action that occurred before July 6, 2006 and those that will occur after the effective date of the act.
We assume the Senate will concur with the House amendments.
Presumptive Disease for Firefighters (ESHB 1833)
ESHB 1833 passed the Senate on April 10 on a 46-2 vote. We expect the House to concur with the Senate amendments.
Certain diseases and conditions are presumed to be occupationally-related for firefighters, entitling them to workers’ compensation benefits. The final version of this bill extends the presumption to include any heart problems experienced within 72 hours of exposure to smoke, fumes, or toxic substances, or experienced within 24 hours of strenuous physical exertion due to firefighting activities. It also adds prostate cancer if diagnosed prior to the age of 50, colorectal cancer, multiple myeloma, and testicular cancer if the worker has served as a firefighter for ten or more years and showed no evidence of cancer upon becoming a firefighter.
Under the bill, a firefighter is entitled to attorney fees and other costs when the presumption is upheld on appeal.
Family and Medical Leave Insurance (E2SSB 5659)
E2SSB 5659 was pulled to the House floor calendar on April 9, but as of this writing it has not yet been brought up for a vote.
As we mentioned in last week’s Bulletin, the House Appropriations Committee amended the bill to remove all of the specifics of the family and medical leave insurance program, leaving only the intent section. There is a proposed striker amendment being circulated that would establish a family and medical leave insurance program effective October 1, 2009, but have a 13-member task force study the issue and report its finding and recommendations, including proposed legislation, to the Legislature by January 1, 2008.
The bill must pass out of the House by 5 pm today (Friday, April 13) to remain alive for the session. Check the AWC website at www.awcnet.org on Monday, April 16, for an update on the status of this legislation.
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