Legislative Update - 2005 & 2006 Sessions
In January 2005, Washington Policy Center released its first book-length publication Agenda 2005: The Guide to Public Policy Issues in Washington State. Agenda 2005 is a comprehensive guide to public policy recommendations and features the latest free-market research and analysis on key issues the people of Washington-and their state and local governments-will face over the next few years. There are 11 chapters with 139 policy recommendations on issues such as balancing the state budget, tax reform, making government services more efficient, reducing health insurance costs and improving access to health care, objectively addressing environmental concerns and improving transportation by reducing traffic congestion. Following is a brief overview of the bills considered during the 2005 & 2006 Legislative Sessions that reflect policy recommendations in Agenda 2005.
Overview of 2005 & 2006 Legislative Results
Agenda 2005 Ideas Introduced as Bills to the Legislature: 45
Agenda 2005 Ideas Passed by the Senate: 15
Agenda 2005 Ideas Passed by the House: 12
Agenda 2005 ideas enacted into Law: 10
Agenda 2005 Ideas Enacted into Law during the 2005 & 2006 Legislative Sessions
SB 5513: Introduced by Sen. Mary Margaret Haugen (D-Camano Island). The bill makes the Secretary of Transportation a governor-appointed position, with the consent of the Senate. The bill passed the Senate 45 to 3 and the House 92 to 5. Signed by the governor on May 9, 2005. (Agenda 2005 p. 241)
SB 5663: Introduced by Sen. Marilyn Rasmussen (D-Eatonville). This bill exempts specific machinery, labor, and services that are used to reduce agricultural burning from the state sales and use tax. The bill passed the Senate 46 to 0 and the House 94 to 2. Signed by the governor on May 11, 2005. (Agenda 2005 p. 66)
HB 1012: Introduced by Rep. Jeff Morris (D-Sedro Woolley). The bill regulates computer spyware by making it illegal for an unauthorized user to cause software to be copied onto the computer of a consumer in this state that would modify certain settings, gather personally identifying information, or gain control of the target computer. The bill passed the House 96 to 0 and the Senate 47 to 0. Signed by the governor on May 17, 2005. (Agenda 2005 p. 211)
HB 1064: Introduced by Rep. Mark Miloscia (D-Federal Way). The bill creates a Citizen Advisory Board to develop assessments and grading systems for state agencies. It authorizes the State Auditor, in collaboration with the Board, to develop and implement a plan for annual performance audits of state government. The State Auditor must contract out the performance audits. The bill passed the House 74 to 22 and the Senate 30 to 19. Signed by the governor on May 11, 2005. (Agenda 2005 p. 1)
HB 1185: Introduced by Rep. Dawn Morrell (D-Puyallup). The bill prohibits personal wireless communications service providers from disclosing or selling any subscriber's phone number or including it in a directory without first obtaining the subscriber's express written consent. The bill passed the House 96 to 0 and the Senate 45 to 0. Signed by the governor on May 9, 2005. (Agenda 2005 p. 199)
HB 1383: Introduced by Rep. Cary Condotta (R-Wenatchee). The bill directed the Public Employees' Benefits Board to implement a Health Savings Account option for state employees. The bill passed the House 88 to 10, the Senate 43 to 4, and the governor signed it into law on March 29. (Agenda 2005 p. 83)
HB 1856: Introduced by Rep. Steve Conway (D-Tacoma). The bill requires the Department of Labor and Industries to prepare financial statements on the state fund. The bill directs the State Auditor to conduct annual audits of the state fund, and allows the auditor to contract with firms qualified to perform all or part of the financial audit. The bill passed the House 94 to 0 and the Senate 46 to 0. Signed by the governor on May 11, 2005. (Agenda 2005 p. 186)
HB 1888: Introduced by Rep. Toby Nixon (R-Kirkland). The bill prohibits email fraud, also known as "phishing." No one may misrepresent his or her identity in order to solicit, request, or induce anyone to provide confidential financial information by means of a website, e-mail, or other internet use. The bill passed the House 96 to 0 and the Senate 49 to 0. Signed by the governor on May 10, 2005. (Agenda 2005 p. 205)
HB 1934: Introduced by Rep. John Lovick (D-Mill Creek). This bill places assaulting a police officer with a projectile stun gun into the category of second-degree assault. Such a crime therefore counts as a "strike" under Washington's Three Strikes law. The bill passed the House 91 to 6 and the Senate 44 to 0. Signed by the governor on May 13, 2005. (Agenda 2005 p. 176)
HB 2292: Introduced by Rep. Patricia Lantz (D-Gig Harbor). The bill generally addresses medical liability. While the majority of the bill's provisions did not reflect WPC recommendations, it does contain one of our recommendations to encourage voluntary arbitration of negligence claims. The maximum award an arbitrator can make is limited to $1 million for both economic and non-economic damages. The bill in its final form passed the House 82 to 15, the Senate 48 to 0, and the governor signed it into law on March 6. (Agenda 2005 p. 92)
Agenda 2005 Ideas Considered by the 2005 & 2006 Legislatures
SB 6734: Introduced by Sen. Linda Evans Parlette (R-Wenatchee). The bill would freeze the state minimum wage and direct the Washington State Institute for Public Policy, in consultation with the Employment Security Department, to conduct a study to address the impacts of Washington state's minimum wage law. The bill did not receive a hearing in committee. (Agenda 2005 p. 189)
SB 5090: Introduced by Sen. Tim Sheldon (D-Potlatch). The bill required the state to contract out its retail liquor sales to the private sector. The bill died in the Senate. (Agenda 2005 p. 16)
SB 5202: Introduced by Sen. Linda Evans Parlette (R-Wenatchee). The bill directed the Public Employees' Benefits Board to implement a Health Savings Account option for state employees. The bill passed the Senate 47 to 0, amended to direct the Public Employees' Benefits Board to study an HSA option. The House then amended the bill, removing the study and returning to the original directive of implementation, and it passed the House 86 to 10. The Senate refused to accept the House amendment, and the House removed the amendment. The bill then failed in the House 24 to 73 on final consideration. The HSA study was attached to the final operating budget signed by the governor on May 17, 2005. (Agenda 2005 p. 83)
SB 5551: Introduced by Sen. Jim Honeyford (R-Sunnyside). The bill directed the Washington State Institute of Public Policy, in consultation with the Employment Security Department, to conduct a study to address the issues impacted by the minimum wage and its annual increases in Washington state. The bill passed the Senate 47 to 2, but died in the House. (Agenda 2005 p. 189)
SB 5560: Introduced by Sen. Cheryl Pflug (R-Issaquah). The bill prohibited homeowner associations from releasing the email address of any owner unless authorized to do so by the owner. The bill died in the Senate. (Agenda 2005 p. 199)
SB 5614: Introduced by Sen. Karen Keiser (D-Des Moines). The bill required the Department of Labor and Industries to prepare a financial report on the state industrial insurance fund with regards to the accident fund, medical aid fund, pension reserve fund, supplemental pension fund, and the secondary injury fund. The bill also directed the State Auditor to conduct annual audits of the state industrial insurance fund, beginning in 2006. The bill passed the Senate 46 to 0, and died in the House. (Agenda 2005 p. 185)
SB 5674: Introduced by Sen. Linda Evans Parlette (R-Wenatchee). The bill simplified and clarified the calculation of workers' compensation benefits. The bill died in the Senate. (Agenda 2005 p. 185)
SB 5856: Introduced by Sen. Dale Brandland (R-Bellingham). The bill allowed a motor vehicle driver or passenger's failure to wear a seatbelt to be introduced as evidence of negligence in any civil action. The bill died in the Senate. (Agenda 2005 p. 153)
SB 5982: Introduced by Sen. Linda Evans Parlette (R-Wenatchee). The bill modified state law so as to allow more private health insurance options for small businesses. The bill died in the Senate, and the bill's companion died in the House. (Agenda 2005 p. 83)
SB 6049: Introduced by Sen. Linda Evans Parlette (R-Wenatchee). The bill authorized Health Savings Accounts for small businesses. The bill died in the Senate. (Agenda 2005 p. 83)
SB 6063: Introduced by Sen. Dale Brandland (R-Bellingham). The bill limited damages against health care providers, by capping the total amount of non-economic damages received by the claimant at one million dollars. The bill died in the Senate. (Agenda 2005 p. 89)
SB 6076: Introduced by Sen. Pam Roach (R-Auburn). The bill established a citizen accountability advisory board to provide advice to the state auditor on performance audits of state government. The board would have established an annual assessment and performance grading program for state agencies. The bill died in the Senate. (Agenda 2005 p. 1)
SB 6563: Introduced by Sen. Mary Margaret Haugen (D-Camano Island). The bill would allow a person's failure to comply with the safety belt assembly and child restraint system requirements to be admissible in any civil action. The bill passed the Senate Transportation Committee but died after second reading. (Agenda 2005 p. 155)
SJR 8222: Introduced by Sen. Joe Zarelli (R-Ridgefield). The bill would amend the state Constitution to establish a "Rainy Day Reserve Fund." Each year, 1% of general state revenues would be deposited to the Rainy Day Reserve Fund. In any year in which employment in the state is forecasted to grow less than 1%, withdrawals could be made by a majority vote of the Legislature. Other withdrawals from the Rainy Day Reserve Fund could be made only by a 3/5 vote of the Legislature. When the Rainy Day Reserve Fund exceeds 10% of general state revenues, withdrawals could be made by a majority vote of the Legislature. The bill received a public hearing in committee but did not advance. (Agenda 2005 p. 1)
HB 1039: Introduced by Rep. Helen Sommers (D-Seattle). The bill created a reserve account in the state treasury. Beginning with fiscal year 2006, at the end of each fiscal year, the state treasurer would deposit in the ready reserve account all general fund-state revenues in excess of the spending from general fund-state appropriations for that fiscal year, up to the state spending limit for that year. The bill died in the House. (Agenda 2005 p. 1)
HB 1673: Introduced by Rep. Jim Clements (R-Selah). The bill created a permanent Office of Regulatory Reform within the executive branch to review all state rules and determine which rules duplicate or contradict each other, are no longer needed, or do more harm than good to the public interest. The bill directed state agencies to analyze the costs and benefits of their rules and to consider using regulatory approaches designed to avoid injurious or overly burdensome impacts on regulated parties, the economy, and the administration of state and local governmental agencies. The bill died in the House. (Agenda 2005 p. 157)
HB 1685: Introduced by Rep. Barbara Bailey (R-Oak Harbor). The bill prohibited health carriers from delivering, issuing, or renewing a health insurance policy that includes any additional coverage mandates, beyond those mandates in effect on the effective date of the bill. The bill died in the House. (Agenda 2005 p. 79)
HB 1686: Introduced by Rep. Barbara Bailey (R-Oak Harbor). The bill required a cost-benefit analysis of current health insurance mandates, and directed the Public Employees' Benefits Board to implement a Health Savings Account option for state employees. The bill died in the House. (Agenda 2005 pp. 79 & 83)
HB 1777: Introduced by Rep. Shay Schual-Berke (D-Seattle). The bill created a joint task force to study judicial and administrative alternatives for resolving disputes related to injuries occurring as a result of health care. The bill died in the House. (Agenda 2005 p. 89)
HB 1788: Introduced by Rep. Cary Condotta (R-Wenatchee). The bill would require that the minimum wage rate be calculated to the nearest cent using the percentage change in the implicit price deflator for personal consumption expenditures for the United States, as published for the most recent 12-month period by the Bureau of Economic Analysis of the federal Department of Commerce. The bill did not receive a hearing in committee. (Agenda 2005 p. 189)
HB 1789: Introduced by Rep. Cary Condotta (R-Wenatchee). The bill would modify the inflationary adjustment to the minimum wage rate. Each year on September 30th, the current year's minimum wage rate would be increased by the rate of inflation only for the months the state of Washington had full employment during the 12 month prior to each September 30th. The bill did not receive a hearing in committee. (Agenda 2005 p. 189)
HB 1790: Introduced by Rep. Cary Condotta (R-Wenatchee). The bill would provide that the adjusted minimum wage rate may not exceed $7.35 or one 125% of the average state minimum wage rate, whichever is greater. In no case would the adjusted minimum wage rate be less than $7.35. The bill did not receive a hearing in committee. (Agnenda 2005 p. 189)
HB 1812: Introduced by Rep. Toby Nixon (R-Kirkland). The bill prohibited any person from soliciting, requesting, or taking any action to induce another person to provide personally identifying information by means of a web page, electronic mailing, or presenting themselves as a business or company they are not authorized to present themselves as. The bill died in the House. (Agenda 2005 p. 205)
HB 2024: Introduced by Rep. Kathy Haigh (D-Shelton). The bill mandated open and fair public works contracts bidding. The bill required that after bids for a public works contract have been opened by the state, a municipality, or an institution of higher education, the contract must be awarded to the lowest responsible bidder unless the awarding agency determines in writing that there is good cause to reject all bids and cancel the invitation. The bill died in the House. (Agenda 2005 p. 13)
HB 2084: Introduced by Rep. Brian Sullivan (D-Mukilteo). The bill increased the maximum percentage of timber sales on state lands that can be conducted through the contract harvesting program from 10% to 30%. The bill died in the House. (Agenda 2005 p. 56)
HB 2121: Introduced by Rep. Richard DeBolt (R-Chehalis). The bill allowed insurers to offer health plans to small businesses that cover a limited number of the coverage mandates required by the state. The bill died in the House. (Agenda 2005 p. 79)
HB 2199: Introduced by Rep. Kelli Linville (D-Bellingham). The bill allowed an insurer offering any health benefit plan to a small employer to offer Health Savings Account plans combined with high-deductible catastrophic insurance. The bill died in the House. (Agenda 2005 p. 83)
HB 2262: Introduced by Rep, Barbara Bailey (R-Oak Harbor). The bill required that any new mandated health benefit for specific health services only apply to state-purchased health care programs. The mandates would only be effective for a period of one year, and would then be subject to review. The bill died in the House. (Agenda 2005 p. 79)
HB 2572: Introduced by Rep. Dawn Morrell (D-Puyallup). As amended by the Senate, the bill would have provided subsidies to employees of small businesses who have Health Savings Account plans, would have removed Health Savings Account plans from the community rating pool, and would have loosened state regulations to allow health insurers to offer more reduced mandate and mandate-free health plans. This version passed the Senate 42 to 5, but the House rejected those amendments by a vote of 56 to 42. (Agenda 2005 pp. 79, 83, 150)
HB 2619: Introduced by Rep. Lynn Schindler (R-Otis Orchards). The bill would create guidelines for use by local governments in determining the scientific basis that must be considered in the development of ordinances for the protection of critical areas, and would require that counties and cities "consider" the best available science in developing policies and regulations to protect the functions and values of a critical area. The bill did not receive a committee hearing. (Agenda 2005 p. 55)
HB 2904: Introduced by Rep. Barbara Bailey (R-Oak Harbor). The bill would have sunset various health and disability insurance mandates, thereby legalizing the sale of more affordable plans. The bill received a public hearing in committee but did not advance. (Agenda 2005 p. 82)
HB 2968: Introduced by Rep. Beverly Woods (R-Poulsbo). The bill would have expanded the duties of the Department of Transportation to include self-permitting of state environmental permits. The bill received a public hearing in committee but did not advance. (Agenda 2005 p. 242)
HB 3005: Introduced by Rep. Gary Alexander (R-Olympia). The bill would implement a priorities of government approach to determine appropriations to state programs based on performance and necessity of those programs. The bill did not receive a committee hearing. (Agenda 2005 p. 1)
HB 3310: Introduced by Rep. Barbara Bailey (R-Oak Harbor). The bill, in its original form, directed the Insurance Commissioner to contract for a two-part independent and impartial analysis of existing health care coverage mandates. It passed the House by a vote of 95 to 2. The Senate amended the bill to add another mandate to insurance coverage in WA and replace the original analysis with a more limited report from the Commissioner. That version passed the Senate 49 to 0, but the House refused to concur in Senate amendments and the bill died before adjournment. (Agenda 2005 p. 79)
HJR 4210: Introduced by Rep. Glenn Anderson (R-Fall City). The resolution proposed an amendment to the state Constitution to create a required reserve fund. One percent of the forecasted general state revenues for a fiscal year would be transferred from the state general fund or any successor fund to the required reserve fund. Withdrawals from the required reserve fund would only be made with a vote of support from three-fifths of the legislature. The resolution died in the House. (Agenda 2005 p. 1)
HJR 4219: Introduced by Rep. Gary Alexander (R-Olympia). The bill would amend the state constitution to establish a state spending limit. The limit for any fiscal year will be the previous fiscal year's state spending limit increased by a percentage rate that equals the fiscal growth factor (inflation + population increase). The bill did not receive a committee hearing. (Agenda 2005 p. 1)