AWC Legislative Bulletin - Volume 31, No. 3 January 25, 2008
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In this issue:
What You Need to Know Now
From the Direcotor – Legislature Focuses on Major Issues: Climate Change and Transportation
Hearings of Interest During CLAC
Energy & Telecommunications
Environment & Water
General Local Government
Infrastructure, Transportation & Economic Development
Land Use & Housing
Law & Justice
Municipal Finance
Personnel & Labor Relations
Online Legislative Advocacy Tools
AWC Legislative Contacts & Officers
Personnel & Labor Relations
E2SSB 5659, passed last year, created the new insurance program to give new parents $250 a week for up to five weeks while they take time off from work to bond with a new born or newly adopted child, slated to begin in October 2009. The bill also created the 13-member joint task force to study the program and make various recommendations to the legislature. HB 2665 and SB 6280 implement those recommendations.
Public Hearings were held this week in the House Committee on Commerce and Labor and the Senate Committee on Labor, Commerce, Research and Development on the bills and a study session was held by the House Appropriations Committee. If passed, the companion bills will put into law the recommendations of the majority of the task force and accomplish the following:
- Direct the State Department of Employment Security to administer the program.
- Direct the State Department of Labor and Industries to enforce job protection provisions.
- Delete the requirement that individuals file weekly claims for benefits and allow individuals to file claims for benefits after beginning to take family leave.
- Require applicants to attest to the birth or adoption of a child and that they have given notice to their employer.
- Delete the option to have federal income taxes withheld from benefit payments.
- Provide the ability to garnish, lien or use other collection authority.
- Track impacts of family leave on the unemployment insurance system and allow relief to employers from payment of unemployment benefits to temporary replacement workers.
- Establish an advisory committee and assess the effectiveness of the program over time.
Although the joint task force recommended financing the benefits and administrative costs from the State General Fund during the first two biennia of the family leave insurance program, the bills are silent on that matter. Governor Gregoire included $6.2 million in the 2008 supplemental budget for program start-up costs, but is opposed to using general fund money for benefits. How the benefit is paid for may be a decision advanced to the voters.
Military Leave for Public Employees (HB 1127)
This bill extends the duration of paid military leave of absence from 15 days to 30 days per year. The House passed this bill unanimously and it has been referred to the Senate Government Operations & Elections Committee. Fiscal impacts to cities may occur in the form of overtime pay or replacement-worker pay.
Indexed Death Benefit for Public Employees (SB 6664/HB 3026)
These bills were introduced at the request of the Select Committee on Pension Policy and the Law Enforcement Officers and Fire Fighters (LEOFF) Plan 2 Retirement Board. SB 6664 is scheduled for public hearing before the Senate Ways and Means Committee at 1:30 pm on Thursday, January 31. These bills provide for an annual increase in the $150,000 death benefit payable to employees who die as a result of on the job injuries or occupational disease or infection, based on the Seattle Consumer Price Index (CPI).
It is an unlawful employment practice to subject an employee to an abusive work environment or to retaliate in any manner against an employee because he or she has opposed any unlawful employment practice. This bill would provide legal redress for an employee who has been subject to workplace bullying, abuse or harassment. The legislation will impose penalties, not to exceed $25,000, if an employer is found to have committed an unlawful employment practice, but the employer may not be liable for punitive damages. HB 2142 is scheduled for public hearing in the House Committee on Commerce and Labor at 1:30 pm, Friday, February 1. We understand the bills may be amended to apply only to public employers.
Fire Fighters’ Survivors (HB3020/SB6650)
These bills, introduced at the request of the Select Committee on Pension Policy, would allow any retired firefighter married to a spouse ineligible for survivor benefits to choose an actuarially equivalent benefit that pays a reduced retirement allowance to the surviving spouse. The bills also remove the language causing widow’s/widower’s monthly pension benefits to cease upon remarriage. HB 3020 is scheduled for public hearing in the House Committee on Appropriations on Monday, January 28 at 3:30 pm and SB 6650 is scheduled for public hearing before the Senate Ways and Means Committee at 1:30 pm on Thursday, January 31.
The House Local Government Committee held a hearing on HB 2510 on Thursday, January 24 and passed the bill out the same day. The companion bill, SB 6446, was referred to the Senate Ways & Means Committee but has not yet been scheduled for hearing.
This bill would allow law enforcement officers, firefighters, and certain other public employees to obtain Medicare coverage through a "divided referendum" process.
In the past, certain groups of public employees were able to vote on whether or not to participate in Social Security and Medicare. Those votes were "majority rule" votes – if the majority of employees in the coverage group voted to participate, then all employees were covered, and if the majority opted out, none of the employees would be covered. There are some cities that do not participate in these federal programs at all, and some cities in which police and/or fire employees have opted out.
This bill would provide the option for a divided referendum process, allowing some members of an employee group to be covered by Medicare while others are not.
A local government fiscal note has been requested. We are researching the full implications of this bill, and will provide more information in future Bulletins.
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