Government Affairs Committee Updates
Keep abreast with what's going on in Olympia - we'll post the latest updates from the Government Affairs Committee and NYBA lobbyist Jim Hedrick here.
As we wrapped up last week's Government Affairs work since the introduction of the Luxury Tax, we would like to send an update on where we are in the process. A call to action email with instructions, contacts and messaging will follow this email shortly.
1. Here is the latest from Jim Hedrick as of Saturday, April 5th:
"Earlier this week, Governor Ferguson laid out what he needs in a budget from the legislature. Essentially Ferguson said the legislature’s budget proposals depend too much new revenue and that the Wealth Tax (1% on financial assets of $50 million or more) probably would not withstand a court challenge and rejected it. Please understand, this is completely separate from the proposed luxury boat tax in the Senate Transportation budget and the provisions of SB 5801 remain intact and are still in play. SB 55801, passed by the Senate, is in the House Transportation Committee and at this time is still not scheduled for any action (i.e. public hearing). Ferguson’s announcement essentially sends both the House and Senate back to the drawing board on their budgets; including the Senate Transportation which relies heavily on operating budget increases because of the sales tax diversion and general obligation bonding paid for with operating revenue. The likely hood of the legislature finding additional budget reductions, additional revenue, and coming to an agreement prior to the constitutional end of the session on April 27 is dwindling. Special session is a very real possibility. At this point, we must operate under the assumption that the legislature will end on time AND that the luxury boat tax will remain as part of the final package. Below are members of the Senate Transportation Committee, where the luxury boat tax was added, I recommend making contacts with the Senate Transportation Committee (where the luxury boat tax was added) with the message points delivered to House members. The onslaught of calls to House Transformation members was effective; we need to remain vigilant.” - Jim Hedrick, NYBA Lobbyist
"Earlier this week, Governor Ferguson laid out what he needs in a budget from the legislature. Essentially Ferguson said the legislature’s budget proposals depend too much new revenue and that the Wealth Tax (1% on financial assets of $50 million or more) probably would not withstand a court challenge and rejected it. Please understand, this is completely separate from the proposed luxury boat tax in the Senate Transportation budget and the provisions of SB 5801 remain intact and are still in play. SB 55801, passed by the Senate, is in the House Transportation Committee and at this time is still not scheduled for any action (i.e. public hearing).
Ferguson’s announcement essentially sends both the House and Senate back to the drawing board on their budgets; including the Senate Transportation which relies heavily on operating budget increases because of the sales tax diversion and general obligation bonding paid for with operating revenue. The likely hood of the legislature finding additional budget reductions, additional revenue, and coming to an agreement prior to the constitutional end of the session on April 27 is dwindling. Special session is a very real possibility.
At this point, we must operate under the assumption that the legislature will end on time AND that the luxury boat tax will remain as part of the final package. Below are members of the Senate Transportation Committee, where the luxury boat tax was added, I recommend making contacts with the Senate Transportation Committee (where the luxury boat tax was added) with the message points delivered to House members. The onslaught of calls to House Transformation members was effective; we need to remain vigilant.” - Jim Hedrick, NYBA Lobbyist
YOU WILL RECEIVE AN EMAIL SHORTLY WITH THE SENATE TRANSPORTATION COMMITTEE CONTACT INFO AND SUGGESTED MESSAGING.
2. We want to thank all members who have reached out to us for providing letters, comments and supporting our membership with this awareness campaign. This will take everyone in our Association as well as all of the others. As we talk and strategize with other organizations across the country, we find an overwhelming sense of urgency as well as pride for our industry and its people. While this drastically effects our brokerage industry, the impact is much larger on our great workforce of boatbuilders, boat yards, independent workers and so on. This is a jobs bill, pure and simple. It affects everyone and we are very proud to have the powerful resources and commitment of the Northwest Yacht Brokers Association at our disposal.
3. There has been an overwhelming response to the "Wealth Tax" conversation that the Governor talked about last week (see above, in Jim's update). Please understand that the Wealth Tax is very different than the Luxury Tax. The Wealth tax will tax aggregated wealth, and the Luxury Tax will tax boats, RV's, airplanes, and cars. These two are very different, which means the Luxury Tax is still a fight and we need to spread the awareness on how this effects our industry and its workers. Call or email your representatives and make it clear your opposition on this Bill. We do not want this attack on our industry ever again.
4. We sent out a survey/poll mid last week. The response has been great! Please take the time to complete the small survey as it helps us in our awareness for our Association. If you have any difficulties or questions, please call the NYBA office as they are more than happy to help. We will be expanding this into next week due to some members having difficulties with their passwords or the email going into their SPAM folder. Poll is linked here. (you must login to vote, you can reset your password by clicking the "forgot password" link at the login screen)
5. We have continued to move forward with our media partners. Since the last update, more than 100 media outlets have been notified. This list is too long to publish, so please, if you have a recommendation, reach out to us and we will contact them. Further, there was a segment with Kevin on KVI 570 discussing the impact of the bill on our industry that went very well. KVI is now wanting to focus on this further. Also, Soundings Trade Only did an interview which should be seen shortly. Lastly, our media strategist for the Boat Show is partnering with us to continue to add value to our awareness campaign.
6. Many of you asked about what the RV, Aircraft and Car industry is doing. We are in the process of gaining those connections and contacts in which we would look to collaborate any ideas or partnerships. If anyone has a direct contact, please let us know as we would like to explore this avenue as well.
To wrap up, our Lobbyist, Jim Hedrick, commended us on our efforts and indicated that the Northwest Yacht Brokers Association and its members are definitely being heard. Jim indicated that we need to push the gas pedal to floor and keep the calls, letters and emails coming into the representatives. Please have everyone in your organization, friends, clients, family members and so on call, email and make your voice heard in opposition to this SB5810.
Please find below letters from Fluid Motion LLC (the West Coast's largest fiberglass boat manufacturer) and Pacific Maritime Title, detailing their concerns regarding the impending luxury tax. These letters were sent to the House and Senate, sharing how the luxury tax will affect two very successful and growing businesses in the Northwest marine industry:
Fluid Motion LLC letter to Legislature (text copy) Pacific Maritime Title letter to Legislature (official letter)
Please call us if you would like any other updates or have any questions or comments. Not only are we available but all of our Board Members and Association Staff members are available. Please do not hesitate to reach out.
Dear Fellow NYBA Members,
As the chair of the Government Affairs Committee, it has been a busy 7 days since the news broke about the proposed Luxury Tax. Both Paul and I have been receiving an overwhelming response from our membership regarding the SB5801 - Luxury Tax. As an association that works and advocates for you and the membership, we are taking ALL recommendations and comments with the utmost care, consideration and action. The ideas and connections that have been put forth by all of you have been very heartfelt & meaningful, which reminds us of why we belong to the Northwest Yacht Brokers Association.
Since Monday's update, Governor Ferguson stated yesterday he will not sign either bill that includes wealth taxes. At this point, it is very unclear if that includes the luxury tax & we continue to seek clarification. With that said, this issue is very much alive and ongoing. Our association has reached out to many news publications, radio stations, social media platforms and other organizations to gain as much traction as possible. I have personally been speaking with David Campbell, the current President of the British Columbia Yacht Brokers Association. We have had great conversations about their current luxury tax and the devastating impact it has taken on their boating industry. It has been a great advantage to strategize and exchange ideas with an organization whom is currently living through a disaster similar to what is being proposed on our State. We continue to seek out collaborations and strategies collectively with other organizations daily. Our Industry has a voice, and it is being heard!
This includes the following:
PRINT/ONLINE PUBLICATIONS
RADIO
ORGANIZATIONS/ASSOCIATIONS
SOCIAL MEDIA
Furthermore, as another avenue to help our cause we have coordinated our efforts with Anacortes Marine Trades Committee, Northwest Marine Trade Association, Recreational Boating Association of Washington, Marine Retailers Association of Americas and National Marine Manufacturers of Canada in a joint letter opposing this bill with backing information. It was a joint effort, and we feel that the coordinated efforts with all of the associations will push our message even further. The letter can be read here: Combined Letter to Legislature
VERY IMPORTANT: NYBA sent out a survey/poll to our membership that specifically addresses this Luxury Tax Bill. Please take this survey/poll, link here (must be logged in to respond) and answer as you wish. We are hoping to have the survey completed by the end of the week. This information is confidential and will be used to further our voice as an association. We are in communications with representatives and leaders that can make a difference, and this survey/poll will make us united in our fight.
As this bill comes to head here in the near future, we all need to keep moving forward with efforts to raise awareness. Refer back to our original email and call the people that can make a difference, the transportation committee members. Use your business database and your social media platforms to help raise awareness as time is of the essence!
Lastly, we have received some very heartfelt stories about how the 1991 Luxury Tax personally injured our members' businesses & livelihood. The stories that Paul and I have been hearing are absolutely heartbreaking. Our fellow board member, Amy Ripley Thornton, cited the negative impact on Banana Belt Boats when her father was running the business, and it was devastating. Another story that really hits home for our brokerage industry is from the former VenWest Yachts. The link to the letter is below for your kind attention. We want to give a heartfelt thank you to Randy and Maureen Cowley for proving the letter as an effort to raise awareness of how these taxes can negatively impacted other businesses. Please let this be motivation to us all to raise awareness to others of SB5801!
Randy Cowley Yacht Consultants - Testimonial.pdf
Please feel free to contact Paul, myself or any other NYBA Board Members with comments, suggestions or ideas. We are here for you.
Sincerely,
Paul Groesbeck NYBA Board President (425) 829-3551 Kevin Blake NYBA Board Member - Chairman of Government Affairs (360) 808-7120
State Legislature Moving Fast on Adding "10% Luxury Tax" to Boat Sales Over $500,000
This past Thursday, the Washington State Senate introduced additional language, buried in an existing transportation bill (SB 5801), authorizing a 10 percent luxury vessel tax on new and used boat sales over $500,000, in addition to sales, use and watercraft excise tax.
For example, if a boat is sold for $600,000 the luxury vessel tax will apply to the $100,000 exceeding the $500,000 threshold. This bill is to tax what they deem as "the wealthy." In essence, however they are hurting the peripheral workers in the industry, such as detailers, mechanics, dock staff, boat yards, etc.
Our Northwest Yacht Brokers Association lobbyist Jim Hedrick has a detailed explanation of this bill below. This vessel luxury tax language was added to the bill at the last minute - minimizing our ability to fight the details. The Senate has already passed the bill (30 yays - 18 nays) and the bill is reverting back to the House.
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CALL TO ACTION: The House Transportation Committee will take this up on Monday, March 31 - Please call ASAP.
* Message: "This tax will dramatically effect working class people - boatbuilders, boatyard workers, boat detailers, mechanics, service facilities, boat brokers and the many unique small businesses that make up the vibrant Washington recreational boating community. While it may be 'aimed' at the wealthy, it will have a disproportionate affect on the working class recreational maritime community."
* Process: Call - Leave a Message - Repeat for all Key Transportation Members.
Your help is vital in this last minute attempt to defeat this short-sighted action that will financially hurt many workers in our industry that they are not considering. Thank you for taking the time to make your voice heard.
Paul Groesbeck NYBA Board President
Kevin Blake NYBA Board Member - Chairman of Government Affairs
From NYBA Lobbyist, Jim Hedrick:
Thursday evening the Senate Transportation budget marked up their revenue bill, SB 5801, with the language below authorizing a luxury vessel tax, in addition to sales, use, and the watercraft excise tax upon new or previously owned recreational vessels with a selling price in excess of $500,000. (See Below)
SSB 5801 Section 217(2), page 21. (2) In addition to taxes required under chapters 82.08, 82.12, and 82.49 RCW, there is levied and collected an additional 10 percent luxury vessel tax on the sale of a recreational vessel if: (a) The selling price of the recreational vessel exceeds $500,000; or (b) In the case of a lease requiring periodic payments, the fair market value of the recreational vessel exceeds $500,000 at the inception of the lease. (c) The additional tax imposed in this subsection only applies to the portion of the selling price in excess of $500,000, or in the case of a lease requiring periodic payments, the fair market value of the recreational vessel in excess of $500,000 at the inception of the lease. Link to SSB 5801: https://lawfilesext.leg.wa.gov/biennium/2025-26/Pdf/Bills/Senate%20Bills/5801-S.pdf?q=20250328221446
Context:The legislature is facing a $1 billion transportation budget shortfall and is seeking new revenue this session including a 6-cent a gallon (Senate) and 9-cent a gallon (House) gas tax increase that in future years would be indexed and automatically increase linked to inflation (CPI). Among several other tax increase proposal there is a luxury car tax that is a part of the original Senate Transportation revenue package (SB5801) at 10% on sales of motor vehicles in excess of $100,000. The luxury boat tax is a surprise but mirrors the luxury car tax with the 10% rate and sales price threshold. This legislature has made a point this session to single out high grossing companies with a proposed Payroll Tax (Senate) and a new Wealth Tax (House and Senate) on high-wage earners. The luxury tax on motor vehicles, yachts, and recreational air craft all fit into this political narrative.
Process SSB 5801 will be put to a vote of the full Senate TODAY Saturday (3/29) along with the Senate Transportation budget bill, SB 5161. The House will take up their transportation budget bill on Monday (3/31) and put both the budget and revenue bills in dispute; this kicks off the conference committee and budget negotiations. Once there is agreement, if there’s an agreement, on budget and taxes, they will vote to advance the transportation revenue bills. The budget negotiations should take a week, probably 2 weeks but the time to make your position known is NOW. Due to the fact the luxury boat tax was added by a late amendment and after the public hearing process, NYBA will have NO OPPORTUNITY to testify and state your opposition and give lawmakers the rationale as to why the luxury tax will not work. The legislature is set to adjourn on April 27. Politics I think there is very little room to maneuver on this issue. Having said that, I would focus contacts on House legislators on the Transportation Committee. Below are targets for the budget negotiations AND a list of all the members on the committee.
Potential Messages:
Washington boating industry has no tax incentives for buyers and is limited by lack of moorage space and an already unfavorable tax climate for vessel sales, please don’t make it worse. The negative impact luxury taxes does not fall on consumers who will delay purchasing a boat. The negative impact falls on boat brokers and other small businesses that will be hurt by the lack of boat sales. These small businesses provide people with great jobs and also invest in their communities. Luxury tax on boats has failed in many other countries and states due to decreased sales, lost employment, and the artificial price cap it places on product to avoid the tax.
Full list of Transportation Committee Members can be found here (click on the dropdown menu that says "Committee members and staff" for full contact list.
You can review lobbyist Jim Hedrick's coverage of Washington State's primary here.
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:
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.
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