AWC Legislative Bulletin - Volume 31, No. 10
March 17, 2008  (Plain Text Version)

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In this issue:
What You Need to Know Now
From the Director
Energy & Telecommunications
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

General Local Government

Tribal Police Officers (EHB 2476)

Authorizing tribal police officers to act as general authority Washington state peace officers, EHB 2476 passed the Legislature on March 12 and is now with the Governor. For a tribal police officer to be authorized as a general authority Washington state peace officer, the tribal police officer must meet the standards and be certified by the Washington Criminal Justice Training Commission (CJTC) and the tribal entity must either (1) enter into an interlocal agreement with the city or county; or (2) submit to binding arbitration with the local government to reach an interlocal agreement. In addition, the tribal government must also submit proof of its officer’s certification, liability insurance, and a waiver of the defense of sovereign immunity which allows civil tort action for damages.

Health Insurance Partnership Act (2SHB 2537)

This bill, which modifies the health insurance partnership statute created in 2007, passed the Senate on a narrow 27-22 vote and was concurred with by the House during the last week of session, so it is on the way to the Governor for signature into law. See last week’s Bulletin for more information.

Authority for the Insurance Commission to Review Individual Health Plans (ESSB 5261)

As discussed in last week’s Bulletin, ESSB 5261 passed the House 68-26 on February 29. The Senate concurred with the House amendments during the last week of session on a party-line vote. This bill, which would allow the insurance commissioner to disapprove rates for the individual market, has been delivered to the Governor.

Establishing a Citizen’s Work Group on Health Care (SB 6333)

In an effort to push this issue past the 2008 elections, the House Appropriations Committee amended this bill to have the Governor appoint citizens to a work group "after January 30, 2009." The work group must review the analysis of the health reform proposals and engage in a public process that may include public forums, invitational meetings with community leaders or other interested individuals and organizations, and web-based communication.

Meanwhile, the Legislature must contract with a consultant to evaluate a number of health care reform proposals, including:

  • a proposal that modifies insurance regulations to address specific groups that have lower rates of coverage such as small employers and young adults; and
  • a proposal that includes the components of the Massachusetts legislation to establish a health insurance connector; and
  • a proposal to provide a comprehensive, standardized benefit package for all residents; and
  • a proposal to establish a single-payer system similar to the health care system in Canada.

In addition, the consultant must review the actuarial analysis of the Insurance Commissioner's proposal for a guaranteed benefit plan. The work group must submit a final report by November 1, 2009, with a summary of the public engagement process and the work group recommendations to the Governor and the Legislature.

Access to Drivers Abstracts (SB 6885)

SB 6885 was delivered to the Governor for signature into law on March 11. The bill was supported by AWC, to improve risk management activities by allowing cities who self-insure to access the Department of Licensing (DOL) case record for their employees, prospective employees, volunteers, or prospective volunteers. These case records, or abstracts, contain information relating to a person's driving record. Prior to passage of this bill, self-insured cities were not on the list of entities that could access such records. We extend congratulations to Senator Curtis King (R-Yakima) for passage of SB 6885, his first bill.

Construction Warranty – Building Inspector Liability (SSB 6385)

SSB 6385 would have required construction professionals involved in residential construction to provide a warranty that the construction was suitable for ordinary uses, free from defective materials, and was in compliance with all laws then applicable. It did not pass before the session adjourned.

Because cities had raised concerns that building inspectors could be considered a part of the broad group of "construction professionals" required to warrant the construction to homeowners, the definition of construction professional was amended to exclude local government building inspectors acting in their official capacity.

Exempting Agricultural Structures from Building Code Requirements (SSB 6609)

As amended in the House, this bill proposed to:

  • Establish a building permit charge limit for qualifying specialty agricultural structures of $75 plus vehicle fuel costs for inspections.
  • Specify that the charge limit applies only if: the design for the structure has been approved by a state licensed and registered engineer, and certified to meet local conditions related to wind load, snow load, and other natural forces; and the permit application is for a structure with 2,500 square feet or less of floor area.
  • Establish a legislative task force on agricultural structure permits.

The Senate refused to concur with the amendments and the bill died. This will be an issue that will be taken up over the interim.

Increasing Penalties for Violations of the Open Public Meeting Act (SHB 2567)

The Senate did not act on this bill and it is now considered dead; however, it could very well be introduced again next session. The bill proposed to increase civil penalties for violations of the Open Public Meeting Act from $100 to a range of $250 - $1,000.

Creating the Joint Legislative Task Force on HVAC/R (ESSB 5831)

This bill has been amended substantially and now calls for a study by a newly created Joint Legislative Task Force on Heating, Ventilation, Air Conditioning and Refrigeration (HVAC/R). Please see the February 22 Bulletin for more information. The bill passed the Legislature and is now on its way to the Governor for signature.