The Washington State Legislative adjourned for the year on March 7. Here are a few updates from Jim Hedrick, regarding the two marine-related bills, 1919 and 1906:

HB 1919 – Modifying the process by which a private moorage facility may sell an abandoned vessel for failure to pay moorage fees. 

Result: Passed Legislature

The Bill: Changes, from 90 days to 45 days, the amount of notice that a private moorage operator must provide to a vessel owner before a vessel may be sold for failure to pay moorage fees. Changes, from 60 days to 40 days, the timeline by which a lawsuit to challenge the validity of a private moorage facility's impoundment of a vessel must be commenced. 1919 passed both the House and Senate unanimously, Governor Inslee expected to sign into law next week.

HB 1906 – Changing the vessel length requirement in obtaining non-resident vessel permits, from max 200' to max 300'. 

Result: Died on Third Reading (Floor) Calendar. 

The Bill: Would have increased from 200 to 300 feet the allowable maximum length of certain non-resident vessels eligible for a non-resident vessel permit. Would have required a fee for a non-resident vessel permit for commercially-owned vessels between 201 and 300 feet of $100 per foot of vessel length, beginning May 1, 2025.

Analysis: 1906 was on the Senate floor calendar for a final floor vote and they did not get to it. There were also Republican "no" votes out of committee who always vote against fees, and some more liberal Democrats who are opposed to anything to do with “wealthy yacht owners.” Jim suggests that 1906 will likely re-appear in the next Legislative session, since there was not a robust opposition.

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Plus - Review Jim's final Legislative Update of the session, recapping popular bills, upcoming initiatives and more.

NYBA lobbyist Jim Hedrick has sent us the following updates regarding to maritime-specific bills that were moving their way through the Washington State Legislature. 

• HB 1919 allowing private moorage to more easily sell abandoned vessels has passed the Legislature – see below.
• HB 1906 re: Changing the vessel length for non-resident permits from max 200' length to max 300' length has DIED IN COMMITTEE, it did not come to a vote in the Senate. This means that the current statute will remain in place, i.e. vessels larger than 200 feet will NOT be able to apply for non-resident cruising permits in the state of Washington. 

HB 1919 – Modifying the process by which a private moorage facility may sell an abandoned vessel for failure to pay moorage fees.  The Bill: Changes, from 90 days to 45 days, the amount of notice that a private moorage operator must provide to a vessel owner before a vessel may be sold for failure to pay moorage fees. Changes, from 60 days to 40 days, the timeline by which a lawsuit to challenge the validity of a private moorage facility's impoundment of a vessel must be commenced.  Passed Legislature.

As the 2024 session draws to a close, both chambers spent Monday in fiscal committees in advance of the deadline for bills with financial impacts to be voted on in a fiscal committee in the opposite house. One of the most watched bills that did not advance was the rent cap legislation, HB 2114 (Alvarado, D-Seattle). The Senate Ways & Means committee ultimately did not take up the bill for a vote given it did not have the backing of enough Democrats to pass, notably lacking the support of Senators Mark Mullet (D-Issaquah) and Kevin Van De Wege (DPort Angeles). Neither of these moderate Senators will be returning to the Senate next session and thus, a new version of the bill in 2025 may enjoy an easier path if more progressive Democrats are elected in 2024. Both the House and Senate spent the majority of the rest of this week in caucus and on the floor scrambling to pass as many of their priority bills as possible before the clock ran out on Friday, March 1. 

On Wednesday, the House passed SB 6009 by Senator Jasmine Trudeau, (D-Tacoma), banning the use of hog-tying by law enforcement. This issue has gained national attention after the death of Manuel Ellis, a 33-year-old African-American man from Tacoma who died in police custody after spending the final moments of his life hog-tied. While the Department of Justice has recommended eliminating the practice since 1995, the Attorney General’s Office’s use-offorce model policy advises against it, and the Criminal Justice Training Commission no longer trains officers to use this method of restraint; it is used in three jurisdictions in Washington. The bill passed 89-7 and was amended by the House so must return to the Senate next week. 

The House passed SB 5427 (Sen. Javier Valdez D-Seattle) on Wednesday, requiring the Attorney General’s Office to oversee a hotline to assist people who have been targeted or affected by hate crimes and bias incidents. The hotline will accept reports of hate crimes and bias incidents and provide appropriate crisis intervention and victim-centered, culturally competent, and trauma-informed information. These services will be accessible to as many Washington state residents as possible, irrespective of the language they speak. Under this bill, the AGO would also be mandated to develop a standardized process to collect, analyze, and regularly report information related to these incidents to the Governor, Senate, and House of Representatives. The collected data would also be required to be made publicly available after redacting personally identifiable information for the protection and safety of the victims. Rep. Sharon Tomiko Santos (D-Seattle) spoke about the incident in her district where the Wing Luke Museum was damaged with anti-Asian vandalism. Republicans opposed the bill, suggesting they preferred use of social sanctions. The bill, unamended, passed 56-39.

On cut-off days, the 5:00pm bill in each chamber is the source of great speculation. Both the House and Senate chose highly controversial bills this time. The Senate took up a piece of legislation they had started work on the day prior, HB 1589 (Rep. Beth Doglio, D-Olympia), the bill that accelerates the transition from natural gas to electricity. After a fiery debate, the bill passed 27-22 with Senators Mullet (D-5) and Van De Wege (D-24) joining Republicans in opposition. Across the rotunda, the House took up SB 5241 (Randall, D-26), the “Keep Our Care 2 Act” that would regulate future healthcare mergers with the intent of preserving access to reproductive, gender-affirming, emergency, charity, and end-of-life care. Shortly before 5:00pm, the House announced SB 5241 would come up next, they went to caucus, and did not return to the floor. SB 5241 will not advance this session. 

Another significant piece of legislation that did not advance on cut-off day was labor’s number one priority, HB 1893 (Rep. Beth Doglio, D-Olympia). HB 1893 would have provided unemployment benefits to striking workers. Supporters had said the bill would level the playing field for workers, while detractors claimed the policy would upend the balance between business and labor at the bargaining table. Only three states, New Jersey, New York, and Maine, have allowed striking workers to access jobless benefits.

In addition to the flurry of floor activity, joint committees met this week to address the three initiatives to the legislature majority Democrats have chosen to hear. 

On Tuesday, a joint session of the House Finance and Senate Ways & Means Committees heard public testimony on Initiative 2111. This measure would prohibit the state, counties, cities, and other local jurisdictions from imposing or collecting income taxes, defined as having the same meaning as “gross income” in the Internal Revenue Code. Of the 6,674 people signed in not wishing to testify, the majority were signed in in support of the initiative. 213 people signed up to testify, but when called upon by the vice chair, were by and large not online and did not testify. Of those who did, progressive activists denounced the initiative, suggesting simultaneously that it is a solution in search of a problem and also that it is unhelpful in their hopes to change the tax code. Conservative activists suggested it would be unfair to have both a sales tax and an income tax. The bill was voted out of committee on Friday. 

Wednesday morning, Initiative 2081 was heard in a joint session of the House Education and Senate Early Learning & K-12 Committees This measure would allow parents and guardians of public-school children to review instructional materials and inspect student records, including health and disciplinary records, upon request. It would require public schools to provide parents and guardians with certain notifications, including about medical services given and when students are taken off campus; access to calendars and certain policies; and written notice and opportunities to opt students out of comprehensive sexual-health education and answering certain surveys or assignments. While absentee testifiers plagued this hearing as they did the 2111 hearing, 6,647 people signed in not wishing to testify. Testimony for this hearing was somewhat better coordinated than the hearing the day prior, with most testifiers either signed in as “Other” or “Pro.” Supporters of the initiative spoke to years of legislative overreach and erosion of parental rights. Those testifying as “Other” suggested that much of what is included in the initiative is already part of state and federal law, but that additional clean-up language may be needed from the legislature in the future due to ambiguities in the writing of the initiative. The bill was voted out of committee on Friday. 

Also on Wednesday, the Senate Law & Justice and House Community Safety, Justice & Reentry Committees heard public testimony on Initiative 2113. This measure would remove certain 3 restrictions on when peace officers may engage in vehicular pursuits. Such pursuits would be allowed when the officer has a reasonable suspicion a person has violated the law, pursuit is necessary to identify or apprehend the person, the person poses a threat to the safety of others, those safety risks are greater than those of the pursuit, and a supervisor authorizes the pursuit. 169 people signed in to testify and 5,484 people signed in not wishing to testify. Like the other initiatives, the vast majority of those signed in supported the initiative, signaling a major organizing effort from the Let’s Go Washington team. Brian Heywood, the funder of the six initiatives spoke in support, citing increases in fleeing suspects. Few others were able to speak within the one-hour time allowed for the hearing as legislators used most of the time asking questions of staff. The bill was voted out of committee on Friday.

Representative JT Wilcox (R-Roy) announced this week that he will not seek re-election after having served 14 years in the legislature. Wilcox served as Minority Leader of the House Republican Caucus from 2018-2023, when he stepped down and was replaced by Rep. Drew Stokesbary (R-Auburn). In his announcement, Wilcox decried “single party thinking,” but added “As long as we have Democrats like Larry Springer, Frank Chopp and Mike Chapman, we will have people who can be partners in the coming re-emergence of a government that works.”

From here, if a bill has been amended by the second house, the first house must decide whether it will concur in the amendments or not. If the first house concurs in the amendments, the bill has passed the Legislature. If the first house disagrees with the second house, it can ask the second house to recede from the amendments. If the second house recedes, the bill has passed the Legislature. If the two houses cannot resolve their differences, one of them can ask for a conference committee. In this situation, members from each house meet behind closed doors to discuss the differences. If they agree on what is to be done, the conference committee makes a report. Both houses must adopt the conference committee report for the bill to pass the Legislature. If one house does not adopt the conference committee report (whether by vote or inaction), the bill has not passed. 

The last day of the 2024 regular Legislative Session is Thursday, March 7. 

SHB was amended in the Senate Transportation Committee. The changes to the bill are as follows:

• The fee for the non-resident vessel permit has been changed for vessels ranging from 201' - 300'. The fee was changed from $42/foot to $100/foot.
• The expiration date for the bill has been changed to December 31, 2026 (in lieu of the original date of 2029).

Lobbyist Jim Hedrick also noted that also another amendment being discussed surrounding potentially adding a requirement that the permit being contingent on education and compliance requirements in accordance with the "Quiet Sound" program and the Department of Fish and Wildlife's whale distance guidelines. This amendment has NOT yet been adopted. 

 A few updates from Jim Hedrick, regarding two maritime-industry related Bills in the State Legislature: 

HB 1906 - Changing the vessel length requirement in obtaining nonresident vessel permits. Passed House 97-0. Scheduled for hearing in the Senate Transportation Committee Tuesday (Feb 20). Worth Avenue Yachts and Northwest Marine Trade Association support. 
The Bill: Increases the allowable maximum length of nonresident vessels that are commercially owned or intended for chartering purposes, for the purposes of obtaining a nonresident vessel permit from the Department of Licensing, from 200 to 300 feet; requires a fee for a nonresident vessel permit for commercially-owned vessels between 201 and 300 feet of $42 per foot of vessel length, beginning May 1, 2025.

 

HB 1919 – Modifying the process by which a private moorage facility may sell an abandoned vessel for failure to pay moorage fees. Passed the House 97-0. Scheduled for hearing and committee vote  in the Senate Committee on Agriculture, Water, Natural Resources & Parks on Monday (Feb 19).  Northwest Marine Trade Association; Elliott Bay Marina support. 
The Bill: Changes, from 90 days to 45 days, the amount of notice that a private moorage operator must provide to a vessel owner before a vessel may be sold for failure to pay moorage fees. Changes, from 60 days to 40 days, the timeline by which a lawsuit to challenge the validity of a private moorage facility's impoundment of a vessel must be commenced.

From NYBA Lobbyist Jim Hedrick:

"About half-way:
Entering its fifth week, the legislature is working towards the procedural mid-point of the session, the house of origin fiscal cutoff. Surviving bills have advanced to the Rules committees, joining bills that have no fiscal impact to the state and did not pass through a fiscal committee. The Rules committees are made up of members of both parties who are allowed to “pull” or select a few bills at each meeting to advance towards the floor. Less controversial bills may be placed on the suspension calendar in the House and the consent calendar in the Senate and heard early during this period before rules limiting debate are applied. Bills that will require debate are placed on the regular calendar. On second reading, the chambers debate bills and offer amendments. If a bill has been amended in committee or on the floor in the house of origin, it is engrossed, meaning the amendments are incorporated into the body of the bill. On third reading, the chambers vote to pass a bill. This repeating process of Rules, caucus, and floor time will continue until the February 13 deadline for bills to pass their chamber of origin.

Graffti:

Minority party bills usually die quiet deaths at the hands of the majority. But on Tuesday, the House passed HB 1800 (Barkis, R-2), an anti-graffiti bill, unanimously. Members across the aisle reported their districts are also struggling with graffiti, which has been in the news of late. Last Friday, the U.S. Court of Appeals for the Ninth Circuit reversed a court ruling that stopped the city of Seattle’s ability to enforce its graffiti ordinance. The bill provides that a court may order a person convicted of Malicious Mischief in the third degree or Criminal Street Gang Tagging and Graffiti to complete at least 24 hours of community restitution, pay restitution, or clean up the damage with prior permission of the legal owner or the agency managing the property. The bill will now advance to the Senate. 

Hog-Tying: 

Four years ago, Manuel Ellis, a 33-year-old Black man from Tacoma, died in police custody after spending the final moments of his life hog-tied. On Tuesday, the Senate unanimously passed SB 6009 (Trudeau, D-27), which prohibits the practice of hog-tying by law enforcement. This bill aligns Washington with other states that have taken decisive steps to prevent deaths related to the practice. The Department of Justice has recommended eliminating the practice since 1995, and the Attorney General’s Office’s use-of-force model policy advises against it. The bill will now start its process in the House.

Lived Experience:

On Tuesday, the House passed the “Nothing About Us Without Us” Act, HB 1541 (Farivar, D-46). Under the bill, task forces, work groups, and advisory committees tackling issues affecting underrepresented populations must include at least three individuals with direct lived experience on that issue. For those serving on task forces, work groups, and advisory committees, educational materials and toolkits will be created to support meaningful engagement of all participants. In addition, regular reports will assess the effectiveness of these inclusion efforts. The bill now goes to the Senate.

I Can't Hear You

On Wednesday, the Senate passed SB 5778 (Keiser, D-33), a priority for the labor community. The bill prohibits an employer from disciplining or discharging, threatening to discipline or discharge, penalizing, or taking any adverse employment action against an employee for refusal to attend an employer-sponsored meeting, listen to speech, or view communications, when the primary purpose of which is to communicate the employer's opinion concerning religious or political matters. Under the bill, employers would also not be able to require workers to attend meetings where they are told that attempts to unionize will lead to layoffs or loss of benefits. In her floor testimony, Sen. Keiser added that this is not a gag on the employer, but the employee does not have to listen. Oregon, Connecticut, Minnesota, Maine, and New York have passed similar laws. The bill passed on near-partisan lines and now moves to the House. 

The Worst Bill of the Session?

The Senate was expected to bring SB 5770 (Pedersen, D-46) to a floor vote Wednesday but deferred further action. 5770 would change the state and local property tax growth limit from the current 1 percent to 1 percent plus inflation (CPI) and any banked inflation balance up to 3 percent. Senate Republicans held a media availability on Thursday morning panning the tax increase bill and touting it as “the worst bill of the 2024 legislative session.” Among rumors of Senate Democrats becoming disenchanted with taking the tax vote, by Friday morning Sen. Jamie Pedersen announced, “It’s not going to advance this year.” Pedersen continued, “Supporters need to work on better explaining the needs of cities and counties in providing services like public safety, and helping the public better understand the mechanics of property taxes.” The death of 5770 is a major setback for cities who made passage of 5770 a top priority this session and is a major victory for the minority Senate Republicans. 

Hospital Mergers

Senate Democrats on Thursday pushed through a new system for approving mergers of hospitals into larger chains. SB 5241 (Randall, D-26), stems from the 2013 acquisition of Bremerton’s Harrison Medical Center by CHI Franciscan, which is now Virginia Mason Franciscan Health, in one of a long series of such acquisitions by Catholic hospital chains. The hospital is now known as St. Michael Medical Center. The bill is controversial and adamantly opposed by the powerful Washington State Hospital Association (WSHA). Politically progressive lawmakers have a healthy distrust of such mergers because of concerns that Catholic healthcare organizations will refuse to provide abortion, gender-affirming care, and end-of-life services. Other lawmakers voice concerns over health care consolidation about the effects upon consumer protection. The hospital industry will argue mergers have saved community hospitals from having to shut down service lines, financial failure and outright closure, especially in rural areas. SB 5241 goes to the House where it is expected to have a tough fight to advance. Both House leadership and health care committee members have major hospital systems in their district. 

Hatred Hotline

Data shows reported hate crimes in Washington have reached the highest level in more than two decades. SB 5427 (Valdez, D-46) passed the Senate on Wednesday, which if passed by the House will establish a hotline administered by the Attorney General’s Office (AGO) for reporting these incidents. The hotline would accept reports of hate crimes and bias incidents and provide appropriate crisis intervention and information that is victim-centered, culturally competent, and trauma-informed. These services would be accessible to as many Washington state residents as possible, regardless of the language they speak. The AGO would also be required to develop a standardized process to collect, analyze and regularly report information related to these incidents to the governor, Senate, and House of Representatives. The collected data would need to be made publicly available after redacting personally identifiable information for the protection and safety of the victims. 

Sex-Trafficking

Wednesday was a significant day for human trafficking bills. In a show of bipartisanship, SB 6006 (Dhingra, D-45) and SB 6056 (Torres, D-15) both passed unanimously and will move to the House. SB 6006 expands the definition of abuse or neglect of a child that must be reported by mandatory reporters to include trafficking, modifies agency procedures related to assessing, providing services, and reporting abuse or neglect, and expands sexual assault protection orders to include commercial sexual exploitation. SB 6056 mandates training for hotel employees to identify victims of human trafficking. In her floor remarks, Sen. Torres said that Washington state is ranked poorly in regard to identifying victims of human trafficking and these bills will help alleviate that. Sen. Keiser noted that this is particularly important with large sporting events coming to Washington state next year. 

Police-Recruitment Tool

Another bill that passed with unanimous support was SB 6157 (Lovick, D-44). This allows Deferred Action for Childhood Arrival (DACA) status recipients to apply for civil service positions as city firefighters, city police, fish and wildlife officers, and peace and corrections officers. Sen. Lovick, a career law enforcement officer, noted that he believes this would bring more diversity to police departments. The bill now moves to the House for consideration. 

Fine Line Confession

Legislation to make members of the clergy mandatory reporters of child abuse and neglect passed the Senate on a 44-5 vote on Wednesday. The bill, SB 6298 (Frame, D-36) will now go to the House for consideration. Senator Frame is a survivor of childhood sexual abuse and the abuse ended only after she told a teacher who was a mandatory reporter. In 2023, Frame introduced SB 5280 on the same issue, which failed to pass because of disagreement over whether to include an exemption for clergy who learned about abuse during confession. The version of the legislation that passed the House, which closed the exemption for confession, was opposed by a majority of the Senate, and the two chambers were unable to agree on a final version of the bill. The updated legislation strikes a compromise position. It includes an exemption for confession for the duty to report, but it does enact a duty for clergy to warn law enforcement or the Department of Children, Youth, and Families when “they have reasonable cause to believe that a child is at imminent risk of being abused or neglected, even if that belief is informed by information obtained in part as a result of a penitential communication.” 

The last day of the Regular Session of the Legislature is March 7, 2024.

The Washington State Legislature is in session for 2024! Check out the most recent update from NYBA lobbyist Jim Hedrick:

Hedrick Weekly January 15-19, 2024

While Martin Luther King Jr. Day is a holiday for many, it is one of the busiest days in the legislative calendar, with constituents arriving by busload to meet with their delegations. Bills are moving quickly in committees already and there are plenty to track. This year, over 1,000 new bills have been introduced for this “short” session.

Capital Gains Tax

Early Tuesday morning, Democrat majority budget writers received good news that the U.S. Supreme Court will not review Quinn v. Washington, the lawsuit challenging Washington’s 7% tax on capital gains above $250,000. The tax brought in nearly $900 million in revenue in the first year, which budget writers are counting on to fund education. This is not the end of the story as the issue may still appear as an initiative on the November ballot, pending signature verification and action by the Legislature. Later that morning, Secretary of State Steve Hobbs notified the Legislature that signature verification of Initiative 2117 (concerning carbon tax credit trading) has been completed and has been certified. The legislature must now approve that initiative or send it to voters with or without an alternative measure. The signatures on the other pending initiatives, including capital gains, are currently being verified by the Secretary of State.

Guns

Tuesday was the majority’s gun violence prevention day in the House Civil Rights and Judiciary committee, which is consistently one of the largest draws for testifiers on campus and virtually. Over two thousand people signed in not wishing to testify on most of the bills. The legislation proposed covered a great deal of territory, including HB 1902 (Berry, D-36), establishing a permit requirement to purchase a firearm; HB 1903 (Berry, D-36), requiring a report of the theft or loss of a firearm within 24 hours; HB 2118 (Walen, D-48), requiring firearm dealers to take precautions such as mandatory anti-theft features; HB 2021 (Senn, D-41), allowing the State Patrol to destroy confiscated crime guns; and HB 2054 (Farivar, D-46), prohibiting firearms dealers from delivering more than one firearm to a purchaser or transferee within any 30-day period. On Monday, the Senate also heard SB 5444 (Valdez, D-46) which further restricts firearms in sensitive places such as libraries, parks, and transit stations.

Gift Cards

Tuesday was also gift card day, with four bills being heard in both chambers. While gift cards do not expire in Washington State, if a person does not use a gift card or funds on a mobile app from a Washington-based retailer after three years, current law allows that money to return to the company as profit. Rep. Emily Alvarado (D-34) and Senator Yasmin Trudeau (D-27) are proposing a pair of policies (HB 2094, HB 2095, SB 5987, SB 5988) that would send the unused balances to the Department of Revenue’s unclaimed property website, where gift card users 2 could locate those balances. Any unreturned money held by the state could eventually go toward state spending on education, healthcare, or housing. Additionally, the legislation package would allow consumers to cash out a gift card up to $50, would require large corporations to notify consumers about unspent funds, and would let consumers reload gift cards and mobile apps at any amount. This is another highly contentious issue this session, with the business community coming out in force to oppose.

Climate Change

Initiative 2117 (I-2117), an initiative to the legislature, has now qualified for the November 2024 ballot. If passed by the voters it would repeal the state’s cap and trade carbon market program. The cap and trade program, as part of the state’s Climate Commitment Act (CCA) is the crowning policy achievement of Governor Inslee. The legislature is not expected to give I-2117 a public hearing much less pass the measure, thus the voters will determine its fate next November.

Complicating matters is HB 2201 (Rep. Doglio, D-22) and SB 6058 (Sen. Nguyen, D-34), which would facilitate the “linkage” of Washington’s carbon market with the California-Quebec carbon markets. Both bills have received public committee hearings. Both bills are expected to advance and scheduled for a committee votes next week. Privately, there are many discussions among Democrat legislative leadership and state constitutional attorneys whether the “linkage” bill, if passed, would need to be sent to the voters as an alternative to I-2117 under the state Constitution. There is very little legal guidance or body of case law from which to draw upon as to what the Washington State Constitution considers an alternative to an initiative. Legislators are moving cautiously as they contemplate whether to pass the linkage bill, a priority for Governor Inslee in his last year of office, or if constitutional interpretations will make legislators reluctant to pass the linkage bill. Stay tuned.

Gas Prices

Modeled on an approach enacted in California, SB 6052 (Sen. Nguyen, D-34) would create a new commission to oversee oil industry pricing and profits and establish a new commission to investigate allegations of market manipulation and price-gouging. SB 6052 was heard before the Senate Committee on Environment, Energy & Technology on Wednesday. It is not scheduled for a committee vote at this time.

Decarbonization

Wednesday, HB 1589 by Rep. Doglio (D-22), a decarbonization bill and a priority for the Inslee Administration had a major setback this week. A necessary procedural vote in exchange for an agreed to bipartisan amendment came unraveled after it was revealed (leaked email) the prime sponsor was already secretly negotiating with Senate members to return the bill to its original form. The amendment removes the prohibition on natural gas service to commercial and 3 residential locations by a large electric and natural gas utility company. House Democrats planned to bring 1589 to a floor vote on Thursday but that didn’t happen either. Regardless, even if Democrats now move HB 1589 “as is” off the House floor it has no pathway to passage in the Senate.

Gas Powered Equipment

In the guise of neighborhood noise abatement, the legislature is considering HB 2051 by Rep. Amy Walen (D-48) that would adopt the California small off-road engine and equipment (SORE) standards. Walen, a self-proclaimed moderate business-Democrat is sponsoring the bill. The conventional wisdom is that Walen is sponsoring the bill to stave off a political challenge from the left and give her some “enviro cred”. The bill is scheduled for a in the House Environment & Energy Committee this week and is expected to be amended to exempt agricultural equipment. HB 2051 also establishes a temporary sales and use tax exemption for zero emission outdoor power equipment.

Medical Debt

On Wednesday, the House Civil Rights and Judiciary committee heard HB 2119 (Riccelli, D-3) which would prohibit the garnishment of wages for medical debt. In his remarks, the sponsor noted that medical debt is increasing and is worse in lower income communities and communities of color and that the University of Washington, PeaceHealth, Providence and a few other hospitals have already moved away from garnishment. But the bill received harsh criticism from the Washington State Medical Association (WSMA) and the Washington State Hospital Association (WSHA), who cite already available charity care.

Education

If legislators have their way this session, there will be several additions to requirements for public education in the future. On Wednesday, the Senate Early Learning & K-12 Education committee heard four bills addressing additional topics of education. SB 5813 (Dozier, R-16) would require instruction on agricultural literacy; SB 5819 (Valdez, D-46) makes financial education a graduation prerequisite; SB 5849 (Wellman, D-41) creates a computer science competence graduation requirement; and SB 5851 (Braun, R-20) requires genocide and Holocaust education.

Cutoff Dates 

January 31 - Policy Committee Cutoff

February 5 - Fiscal Committee Cutoff

February 13 - House of Origin Cutoff

February 21 - Opposite House Policy Committee Cutoff

February 26 - Opposite House Fiscal Committee Cutoff

March 1 - Floor Cutoff

March 7 - Last day of Regular Session

From NYBA Lobbyist Jim Hedrick:

November 2023 State Quarterly Economic and Revenue Forecast

Yesterday (11/20) the state quarterly revenue forecast was released. Forecasted state revenue are increased for the current 2023-25 biennium by $191 million and increased by $579 million for the future 2025-27 biennium. Total state revenue is expected to grow 3.3% between the 2021-23 and 2023-2025 biennia and 6.9% between the 2023-25 and 2025-2027 biennia.

Major economic factors driving the revenue forecast are Washington’s personal income is stronger than in the September forecast, total Washington employment is stronger than in September, and inflation is slightly lower. After rising to 3.7% in August and September, inflation dropped to 3.2% in October. Even though inflation continues to trend downward it remains above desired levels. The Federal Reserve is expected to raise the federal funds interest rate to a range of 5.5% to 5.75% in December but decrease rates more slowly than in September forecast.

Washington’s low unemployment rates continue to be a positive economic factor as Washington employment has increased by 5,700 jobs since September and the Washington unemployment rate remains low at 3.8%.

Downsides in the Washington economy are interest rates and the tightening of credit that threaten the commercial real estate market, business investment, and consumer demand.

The next state quarterly revenue forecast will be in mid-February and serve as the baseline for supplemental budget proposals from the House and Senate. The legislature will have until March 8th to pass an agreed to supplemental (2^nd year of the biennium) budget.

Potential Ballot Initiatives to the Legislature

Washington State has not had an initiative on the ballot since 2018, largely due to the COVID making it difficult for signature gathering. Let’s Go Washington, a new conservative political committee funded by hedge fund manager Brian Heywood, is in the process of qualifying six initiatives to the Legislature. The requirement to qualify an initiative to the Legislature is 324,516 valid signatures by December 29, 2023. If certified by the Secretary of State’s Office the initiative(s) would move to the Legislature for consideration during the 2024 Legislative Session. Upon receipt of a qualifying initiative, the 2024 Legislature will have one of three options:

• Adopt the initiative as proposed, allowing it to become law without a vote of the people;
• Not act on the initiative, allowing a vote of the people in the 2024 General Election; or
• Propose an alternative ballot measure dealing with the same subject, sending it and the original for a vote of the people in the 2024 General Election.

Representative and new Washington State Republican Party Chairman Jim Walsh (R-Aberdeen-19LD) is the prime sponsor on all the initiatives. The subject and description of each initiative is as follows:

• Initiative No. 2113 concerns vehicular pursuits by peace officers. This measure would remove certain restrictions on when peace officers may engage in vehicular pursuits. Such pursuits would be allowed when the officer has a reasonable suspicion a person has violated the law, pursuit is necessary to identify or apprehend the person, the person poses a threat to the safety of others, those safety risks are greater than those of the pursuit, and a supervisor authorizes the pursuit.

• Initiative No. 2117 concerns carbon tax credit trading. This measure would prohibit state agencies from imposing any type of carbon tax credit trading, including “cap and trade” or “cap and tax” programs, regardless of whether the resulting increased costs are imposed on fuel recipients or fuel suppliers. It would repeal sections of the 2021 Washington Climate Commitment Act as amended, including repealing the creation and modification of a “cap and invest” program to reduce greenhouse gas emissions by specific entities.

• Initiative No. 2124 concerns state long term care insurance. This measure would amend state law establishing a state long term care insurance program to provide that employees and self-employed people must elect to keep coverage under RCW 50B.04, allow employees to opt-out of coverage under RCW 50B.04 at any time, and repeal a current law governing exemptions for employees who had purchased long term care insurance before November 1, 2021.

• Initiative No. 2109 concerns taxes. This measure would repeal an excise tax imposed on the sale or exchange of certain long-term capital assets by individuals who have annual capital gains of over $250,000.

• Initiative No. 2111 concerns taxes. This measure would prohibit the state, counties, cities, and other local jurisdictions from imposing or collecting income taxes, defined as having the same meaning as “gross income” in the Internal Revenue Code.

• Initiative No. 2081 concerns parental rights relating to their children’s public school education. This measure would allow parents and guardians of public-school children to review instructional materials and inspect student records, including health and disciplinary records, upon request. It would require public schools to provide parents and guardians with certain notifications, including about medical services given and when students are taken off campus; access to calendars and certain policies; and written notice and opportunities to opt students out of comprehensive sexual-health education and answering certain surveys or assignments.

NYBA Lobbyist Bruce Hedrick offers the following update on key 2024 State Races: 

More than a year out from the 2024 General Election, candidates in the three highest profile statewide races, Governor, Attorney General, and Commissioner of Public Lands, are aggressively fundraising and gathering endorsements. By way of update I submit the following:

 

In the race for GOVERNOR

 

• Attorney General Bob Ferguson (D), with the slogan “fighting for the rights of everyone” continues to dominate the race, gaining the most money, attention, and endorsements from labor and progressive causes. In one month, Ferguson raised close to the average cash on hand of main competitors.

Raised 9/1 - 9/30  - $425,521.95

Spent 9/1 - 9/30 - $126,716.39

Cash on Hand - $3,493,106.09

 

• State Senator Mark Mullet (D-5), a moderate favored by industry and generally eschewed by the powerful labor community, promises on his website “an affordable and safe Washington.” Mullet is endorsed by moderate legislators including Senators Cleveland, Lovick, and Van De Wege, as well WACOPs, and Public School Employees of Washington. Mullet is up for re-election in 2024 and will not be returning to the Senate (i.e. up or out) if he loses his bid for governor.

Raised 9/1 - 9/30 - $109,153.10

Spent 9/1 - 9/30 - $122,501.75

Cash on Hand - $517,414.63

 

• Former U.S. Congressman Dave Reichert (R) seems to still be running a quiet campaign, promoting “together we’ll change what’s wrong, fix what’s broken, and do what’s right.” His website does not show any endorsements.

Raised 9/1 - 9/30 - $164,392.50

Spent 9/1 - 9/30 - $79,376.50

Cash on hand - $393,355.35

 

• Current State Commissioner of Public Lands Hilary Franz (D) pledges “stronger communities, a thriving economy, and a better future for everyone.” Franz, known for her work in wildfire management, is endorsed by many firefighter unions.

Raised 9/1 - 9/30 - $130,876.61

Spent 9/1 - 9/30 - $103,888.65

Cash on hand - $390,805.69

 

Race for ATTORNEY GENERAL

 

• Former U.S. Attorney Nick Brown (D) continues his fundraising lead and is endorsed by Governor Jay Inslee, former Governor and AG Christine Gregoire, and Speaker Jinkins.

Raised 9/1 - 9/30 - $77,141.86     

Spent 9/1 - 9/30 - $29,133.16

Cash on hand - $304,360.59

 

• State Senator Manka Dhingra (D-45) has gained the support of most of her Senate colleagues who are Democrats. Dhingra is not up for Senate re-election until 2026 and will remain in the Senate if she loses her bid for Attorney General.

Raised 9/1 - 9/30 - $41,695.58

Spent 9/1 - 9/30 - $28,682.59

Cash on hand - $163,620.79

 

Race for COMMISSIONER OF PUBLIC LANDS

 

• State Senator Kevin Van De Wege (D-24), a moderate timber industry favorite, firefighter, and chair Senate Agriculture, Water, Natural Resources & Parks Committee continues to campaign with an emphasis on wildfire management. Van De Wege is up for re-election in 2024 and will not return to the Senate if he loses his bid (up or out) for Commissioner. His website does not list endorsements.

Raised 9/1 - 9/30 - $20,177.64

Spent 9/1 - 9/30 - $975.07

Cash on hand -  $122,915.24

 

• Relatively new to the race, State Senator Rebecca Saldaña (D-37) emphasizes  “stewarding public land by putting people first” on her website. She is endorsed by several of her more progressive Senate Democrat colleagues. Saldaña is not up for re-election until 2026 and will return to the Senate if she loses her bid.

Raised 9/1 - 9/30 - $52,880.50     

Spent 9/1 - 9/30 - $7,817.53

Cash on hand - $45,062.97

 

• Former State Senator Mona Das (D), who since retiring from the Senate has led fundraising classes, is running a climate change-focused campaign. Das is endorsed by several of her old Senate colleagues including fellow candidates for statewide office, Senators Dhingra and Kuderer.

Raised 9/1 - 9/30 - $5,707.83       

Spent 9/1 - 9/30 - $554.44

Cash on hand - $48,668.22

 

• King County Councilmember (Chair) Dave Upthegrove (D) suggests on his website that he is “the environmental and social justice leader Washington needs now.” Upthegrove is not up for re-election until 2025 and will remain on the King County Council if he loses his bid for lands commissioner. If elected, Upthegrove would be the first openly LGBTQ person elected to statewide office in Washington.

Raised 9/1 - 9/30 - $28,665.03

Spent 9/1 - 9/30 - $1,766.34         

Cash on hand - $31,698.69

 

• DNR executive team member Patrick Depoe (D), endorsed by outgoing Commissioner Franz, is a Makah tribal member. If elected, Depoe would be the first Native American elected to statewide office in Washington, the Pacific Northwest and one of the first in American history. He is accumulating early endorsements from Washington’s tribal nations.

Raised 9/1 - 9/30 - $28,920          

Spent 9/1 - 9/30 - $913.28

Cash on hand - $28,006.72

 

• Former U.S. Congresswoman Jaime Herrera Beutler (R) joined the crowded race on October 10 and does not yet have fundraising numbers to report for September. Herrera Beutler lost her 2022 re-election primary to Republican Joe Kent after being one of 10 Republicans to vote to impeach President Trump.

Raised 9/1 - 9/30 N/A         

Spent 9/1 - 9/30 N/A

Cash on hand - N/A

From lobbyist Jim Hedrick:

"The state quarterly revenue forecast was released today (September 26, 2023). State general fund revenue has been increased for the current 2023-25 biennium by $663 million and increased for the 2025-27 biennium by $437 million. Before the books close on the 2021-23 biennium, state general fund revenue is increased by $265 million. 

Growth in Washington State revenue collections has slowed as inflation continues to trend down but remains a barrier to stronger consumer spending. The real estate market is still strong but has flattened dramatically. The seasonally adjusted taxable real estate sales for August 2023 are 31% below from August 2022.

Positives for the state economy are the Washington unemployment rate for August remains at a historic all-time low of 3.6%. The Federal Reserve is expected to raise the federal funds interest rate to a range of 5.5% to 5.7% in November but decreases in interest rates are expected to start in the 2^ndquarter of 2024. There is no consideration in this forecast given to the effects of a looming federal government shutdown that may occur starting October 1.

The next state quarterly revenue forecast is scheduled for November 20 which will inform spending levels in the Governor’s supplemental budget that will be released on or about December 20."