AWC Legislative Bulletin - Final Bulletin
2007 Regular Session
61st Legislature
January 8 to April 22, 2007  (Plain Text Version)

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In this issue:
From the Director - 2007 Legislative Session: Productive For Cities
Energy & Telecommunications
Environment & Water
General Local Government
Infrastructure, Transportation, & Economic Development
Land Use & Housing
Law & Justice
Municipal Finance
Personnel & Labor Relations

General Local Government

Session Overview

The overhauling of election laws continued this session, in spite of all the changes already made in the past two years. There were dozens of bills introduced on the subject, and a few passed. One election bill that did not pass would have eliminated two spring special election dates (SSB 5271). The school districts and some cities were nervous with this proposal because the bill would have eliminated some local election options. The County Auditors are looking for opportunities to streamline their process, so we can anticipate the discussion on this issue to continue.

A major priority of the Governor’s this session was implementation of the Blue Ribbon Commission recommendations on Health Care. Early drafts included provisions that would have affected AWC’s Health Trust because it functions as an “association plan.” All association plans would have been swept into a pool along with small business and individuals to increase the buying power and bring down rates.

Unfortunately, our rates would likely have risen because of the inclusion of others, and the plans that were to be offered did not include the coverage afforded members of AWC’s plans. Because many existing collective bargaining agreements reference specific benefit levels, AWC also believed cities would have been required to make up the difference in other ways through collective bargaining. In the end, all association plans were removed, but a study will be conducted this summer to determine ways in which to increase access to health insurance at affordable rates.

Public records came up again this year. The state Attorney General brought forth several bills that were mostly technical in nature. However, one bill that passed created a committee to review public records exemptions (SSB 5435). The bill has been signed by the Governor, so a review of the exemptions should begin by summer. Local governments will have a seat on the committee along with many other interest groups and members of the public.

Another bill that passed clarifies that attorney invoices cannot be withheld in their entirety by a public entity. The bill was brought forward based on a recent court case involving a county (SHB 1897). At the very least, it is expected that there will be more bills in the coming years dealing with specific public records exemptions as identified by the new committee.

Finally, there was a collection of bills introduced mandating cities conduct more business electronically (requiring electronic bill pay, requiring website postings, mandating special meeting notices, etc.) While we all support the effort by cities to take advantage of all technological tools available, we do not support mandates that would require cities to change business practices without the funds or staff expertise to make those changes. A discussion with key legislators over the interim about this observation may be helpful to the city family for next session.

Minor Bills

Blue Ribbon Health Care (E2SSB 5930) – Partial Veto

This bill implements some of the recommendations of the Blue Ribbon Commission on Health Care established last year. The bill provisions include expanded access to health care coverage options, including additional coverage options for young adults under 25, and establishing requirements for five-year plans to address increased health care quality and access, health care quality, and efficiency goals established by the commission.

Of particular interest to cities, the bill also includes some language clarifying responsibility for offender medical costs for law enforcement by striking the reference to law enforcement in the underlying statute regarding offender medical care costs. This clarification should re-establish the status quo prior to a 2005 Attorney General interpretation of RCW 70.48.130 that concluded that cities were responsible for the costs of offender medical care if their law enforcement made the arrest, unless otherwise provided by interlocal agreement or other insurance. Prior to the opinion, many cities had assumed that counties were responsible for the medical care of pre-sentence felony offenders, since counties were responsible for prosecution and post-sentence custody costs. This change will sunset in two years, on June 30, 2009.

Other provisions of the bill were expanded to address public health funding. The provisions establish core functions for local public health districts and require the adoption of performance goals and reporting on progress towards meeting public health key functions, similar to SHB 1825. Funding provisions were taken out of the final version of the bill, but were included in the operating budget. See the Municipal Finance section for more information.

[C 259 L 07; Partial Veto; Effective Date: July 22, 2007, except sections 18 through 22, which become effective January 1, 2009; and section 30, which becomes effective May 2, 2007]

Partial Veto: The Governor vetoed the sections 59 and 74 of the bill. Section 59 would have established a nine-member board charged with designing and managing the Washington Health Insurance Partnership (WHP). These provisions conflicted with similar provisions in E2SHB 1569, which also passed the Legislature this session. Section 74 included an emergency clause, which would have made sections 58-59 of the bill effective immediately.

Reforming the Health Care System (E2SHB 1569) – Partial Veto

AWC initially had concerns with HB 1569, which would have combined individual insurance purchasers, association plans, small businesses and government plans into a single purchasing consortium referred to as “The Connector.” As passed by the legislature E2SHB 1569 does not create a connector, but rather a health insurance partnership for the purchase of small employer health insurance coverage as well as a seven-member health insurance partnership board, and a study of health benefit mandates, rating requirements and insurance statutes and rules.

Parts of the bill are similar to sections of E2SSB 5930, a Governor request bill, which also passed the legislature and seeks to provide high quality, affordable health care.

[C 260 L 07 Partial Veto; Effective Date: July 22, 2007]

Partial Veto: The Governor signed E2SHB 1569 on May 2, 2007 and vetoed Sections 3 and 17. Section 3 was vetoed because of its similarity to Section 58 of E2SSB 5930. Section 17 is an emergency clause.

Public Disclosure of Attorney Invoices (SHB 1897)

The bill clarifies that under RCW 42.56, attorney invoices cannot be withheld in their entirety by a public entity under the Public Records Act. In addition, the bill lists specific allowable redactions, such as actual legal advice, mental impressions, and theories and opinions.

[C 391 L 07; Effective Date: July 22, 2007]

Public Records Exemptions Accountability Committee (SSB 5435)

The Public Records Exemptions Accountability Committee is formed and is charged with reviewing all exemptions from public disclosure. The 13 member Committee will include one representative from local government.

By August 1, 2007, and each year following, the code reviser must provide the Committee with a list of all exemptions from public disclosure. The purpose of the Committee is to review public disclosure exemptions and provide recommendations. The Committee must develop and publish criteria for review of public exemptions.

For each public disclosure exemption, the Committee must provide a recommendation as to whether the exemption should be continued without modification, modified, scheduled for sunset review at a future date, or terminated. By November 15 of each year, the Committee must transmit its recommendations to the Governor, the Attorney General, and the appropriate committees of the Legislature.

The sunset provision, which would have terminated the Committee on June 30, 2011, was not included in the bill. AWC will re-visit this issue as work progresses with the Committee.

[C 198 L 07; Effective Date: July 22, 2007]

Creating the Heritage Barn Preservation Program (SHB 2115)

This legislation will create a Washington State Heritage Barn Program within the Department of Archeology and Historic Preservation. The program will be guided by an advisory committee and will consist of the following components:

• A study by the Department of Archeology and Historic Preservation of Washington state barns to include a determination of types, an assessment of the most unique and significant barns, and an assessment of conditions and needs.
• A recognition program for heritage barns.
• Establishment of the Heritage Barn Preservation Fund.

[C 333 L 07; Effective Date: July 22, 2007]

Notification to Local Governments of Proposed Land Dispositions (HB 1940)

The bill will require state agencies disposing of state-owned land to notify local governments in which the land is located 60 days before a disposition of any such land is made. The intent is to allow local governments the opportunity to acquire land for recreation or other purposes, if possible.

[C 62 L 07; Effective Date: July 22, 2007]

Recodification of the Public Records Act (SHB 1445)

This bill makes some corrections to the Public Records Act. According to the state Attorney General’s representative on public records, the bill is technical in nature and is not intended to change public records policy.

[C 197 L 07; Effective Date: July 22, 2007]

Mid-Term Increases in the Cost of Medical Benefits (SB 5525)

This proposal simply adds elected city officials to the list of public officials for whom the costs of employment-related health insurance provided by a public entity are not deemed to be "additional compensation."

[C 42 L 07; Effective Date: July 22, 2007]

Prevailing Wage (HB 1370)

This bill would simply exclude public employees from prevailing wage requirements and surveys to determine prevailing wages.

[C 169 L 07; Effective Date: July 22, 2007]

Municipal Contracts (SHB 1255)

This bill will prohibit a municipal officer from having a beneficial interest in contracts for legal services related to his or her office, or the office he or she was involved in creating. In addition, the municipal officer can only receive reimbursement for expenditures made in contracts for volunteer legal services.

[C 298 L 07; Effective Date: July 22, 2007]

Legal Notice Broadcast Requirements (SSB 5720)

The bill proposes that if any official of the state or any of its political subdivisions chooses to broadcast a required notice by television, such broadcast would no longer be required to be made by an employee of the television station. In addition, written documentation of proof of the broadcast still has to be provided by the television station but no longer by an affidavit from the manager, assistant manager, or a program director of the station. Many cities operate PEG (public, educational, and government) channels and this bill would provide greater flexibility to them.

[C 103 L 07; Effective Date: July 22, 2007]

Mental Health Parity (EHB 1460)

EHB 1460 extends existing mental health parity requirements to individual and small group plans. The bill requires employers with fewer than 50 employees to provide mental health coverage at the same level or higher than other medical and surgical services. AWC supported the legislation which was signed by the Governor on March 30 and becomes effective January 1, 2008.

[C 8 L 07; Effective Date: January 1, 2008]

Simple Majority School Levies (EHJR 4204)

EHJR 4204, which would amend the Constitution to provide for a single majority of voters to authorize a school levy, was passed by the legislature and filed with the Secretary of State on April 18, 2007. The Constitution will be amended if the resolution is approved by a majority of the voters in the November general election.

[Effective Date: Upon approval by the voters at the next general election]

Bills That Failed

Filling Vacancy in Office of Mayor (HB 1391)

Unfortunately, the bill did not make the cut-off and died. AWC will pursue this legislation next session. The proposal would have clarified 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 would have removed the restriction that second class cities must only choose a mayoral replacement from among the sitting council members.

Correcting the Statute of Limitations in the Public Records Act (HB 1446/SB 5436)

This proposal would have clarified that the statute of limitations is one year for actions under the Public Records Act, including the failure to provide a response to a request for a public record, and for any other violation.

HVAC/R Certification (HB 1876)

This legislation would have set forth provisions governing the HVAC/R industry and established requirements for certification of HVAC/R mechanics with specialties. These requirements would have been administered by the Department of Labor and Industries.

Open Public Meetings Act (HB 2141)

This bill would have clarified the definition of "meeting" in reference to the Open Public Meetings Act to include: a gathering of a majority of the members of a governing body where they convene in person, by telephone, or by electronic means to hear, deliberate, or take action on the business or affairs of the agency or body. In addition, electronic or telephone meetings would have been subject to the notice requirements of the Act.

Authorizing City Wards (HB 2151)

This bill would have authorized “qualified electors” of non-charter code cities to divide into wards or change the boundaries of existing wards. There are approximately 22 cities already divided into wards. Only voters of the ward may vote in a primary to nominate candidates for a councilmember of the ward. In the general election, all voters of the city may vote to elect councilmembers of a ward.

Homeless Tent Encampments (SHB 2244)

This bill would have simplified the process for cities and counties to issue permits for tent encampments. Counties, cities, and towns would have been prohibited from restricting religious organizations from hosting homeless temporary encampments and fines would have been limited to instances in which the health and safety of the community were clearly endangered. Permit fees for temporary encampments would have been limited to $500. The bill would have required a response to permit applications within 60 days.

Eliminating Two Election Dates (SB 5271/HB 1653)

The bill would have eliminated March and April special election dates and left the February and May dates. In total, yearly election dates would have dropped from six dates to four dates.

Allowing Public Funding of Local Office Campaigns (SSB 5278, SHB 1551)

Both of these bills would have removed the prohibition against the use of public funds to finance political campaigns for local office. In the Senate version, the local government had to establish a program to publicly finance local political campaigns. In the House version, if a county, city, town, or district establishes a program to publicly finance local political campaigns, only funds derived from local sources could have been used to fund the program.

Ballot Titles (SB 5418)

This bill would have required that a concise description in a ballot title for a local referendum or any other question submitted to the voters by a local government, include a statement describing the amount the measure will increase or decrease taxes if the measure has tax implications.

Requiring Website Postings of Certain Information (SSB 5420)

The bill would have required:

• The agenda of all regular meetings of any municipality that owns or maintains a website shall be posted within 72 hours before a meeting,
• The text of any ordinance, rule, or regulation that is under consideration at the meeting shall be included on the website at the same time the agenda is posted, and
• The minutes of all regular and special meetings of any municipality that owns or maintains a website shall be posted within 15 business days following a meeting.

Special Meeting Notification (SB 5457)

This bill would have required that if a public agency has less than 1,000 registered voters in its district, then the agency must provide notice of special meetings to any individual residing in the district who has made a written request to be so notified. If a special meeting attracts a particularly large numbers of interested citizens and they don’t have fax or e-mail, this would have required the public agencies to contact interested parties by telephone or in person.

Allowing Voter Registration Up to and on Election Day (SB 5561)

This bill would have allowed voters to register up to and on Election Day. The bill died, in part due to the large fiscal note ($4.8M in the first biennium). AWC will continue to keep an eye out for similar legislation in subsequent sessions.

Utility Lien (SB 5854)

This bill would have prohibited cities and counties from collecting delinquent utility debt from property owners if the owner notifies the utility that their property is a rental and if the utility contracts directly with the renter for utility payment.

Requiring Additional State Liquor Stores to Engage in Sunday Sales (SB 5902)

The bill would have required the Liquor Control Board (LCB) to expand its Sunday sales operations to include 29 additional state stores by September 1, 2007. The LCB would have had to report to the Legislature on the increased Sunday operations by January 31, 2009.

Addressing Liquor Laws (ESSCR 8407)

This bill would have established a joint select committee on the state liquor laws to review the state’s liquor licensing and tied house laws to determine whether those laws should be continued in their present form or changed and to make recommendations to the Legislature for the 2008 session. The committee’s goal would have been to decrease the number of bills introduced in the Legislature each year providing exceptions to the state’s tied house laws. The committee would have included eight members: four Members appointed by the Senate Majority Leader, two each from the two largest caucuses in the Senate and four members appointed by the Speaker of the House, two each from the two largest caucuses in the House.