South Kitsap Chamber of Commerce Legislative Update Email March 2, 2023

The first deadline for bills reaching to the floor has passed, but many bills remain alive, because the have "financial implications" and are undergoing additional committee work.

The "financial" deadline has passed, now we wait to see which bills will make it to the Chamber Calendars. If you have particular bill you want to track you can sign up for email alerts, when action is scheduled.

The Washington Retail Association recently submitted an update on some of their prime bills of concerns.

I have attached the information below. Things are moving fast now. There are a little less than 8 days for bills to be voted out of their house of origin.

You should contact your legislators if you have any questions or concerns about any of these bills.

NOW IS THE TIME TO ACT

WR strongly supports Senate Bill 5056, which would increase penalties for repeat or habitual property crime offenders, and Senate Bill 5160, increasing penalties for organized retail gangs which use multiple accomplices. Both bills await a vote of the entire Senate. 

WR continues to advocate for including $3 million in funding to bolster the newly formed Attorney General’s Organized Retail Crime Task Force. The budget is immune from all cut-offs and can be debated until the last day of session—April 23. 

SB 5171 addresses gender price discrimination, following similar laws in New York and California, making gender-based pricing illegal. The bill was filed by Sen. Manka Dhingra, D-Redmond, after a presentation by six Kirkland high school students, claiming that studies have shown prices for personal care products marketing to women are 13% higher, on average, than products for men. The bill passed out of the Senate Ways & Means Committee and awaits action by the full Senate. WR has significant concerns with compliance.

 HB 1068 would allow an injured worker to make an audio and video recording of an independent medical examination and to have one person of the worker’s choosing present during the examination. WR opposes this bill because L&I anticipates it will cause scheduling delays if a provider does not consent to an audio and/or video recording, and even more problematic amongst mental health providers. Any delays in services for injured workers will increase future disability and claim costs. The bill awaits action by the full Senate.

HB 1320/SB 5061 concerns employee access to their personnel file. These bills specify that an employer must provide the employee’s complete, unredacted personnel file within 14 calendar days of the request from the employee, former employee, or their attorney, agent, or fiduciary. The bill also requires the employer to provide former employees a statement of the discharge date and reasons, if any, for the discharge. Notable is the provision for a private cause of action to enforce these requirements. WR has concerns that the 14-day timeframe is too short, and the definition of ‘personnel records’ is inconsistent with current L&I guidance and language. The bills await action by both Houses, but the House version (HB 1320) will be the vehicle that moves forward.

Another major piece of legislation is the WRAP Act (Washington Recycling and Packaging)—House House Bill 1131—currently awaiting action by the full House. The bill contains three major components. First is an extended producer responsibility (EPR) program where producers fund a recycling and disposal program for all packaging. Second, a post-consumer recycled content (PRC) requirement for future packaging. And third, establishing a beverage container reimbursement (BCR) program like the state of Oregon’s. WR continues to work with all stakeholders on this sweeping and complex legislation.

One of the more challenging bills is House Bill 1155—relating to health data privacy. The bill seeks to protect sensitive healthcare data that is not currently covered by the federal HIPAA Law (Health Insurance Portability and Accountability Act). However, the legislation is too broad and, as presently written, would unintentionally include many non-sensitive healthcare products and services, such as numerous over-the-counter medications, vitamins, health-related foods, health-related clothing, devices, and tools. WR is working closely with proponents to narrow the bill’s scope to modify and clarify the bill’s intent. The bill is awaiting action by the full House

House Bill 1363—allowing law enforcement to pursue suspected criminals—was significantly altered by removing property crimes from the permissible reasons to pursue. This would impact all retail thefts. WR will work diligently to amend the bill and re-insert property crimes as one of the reasons a pursuit can be engaged. Two other measures, House Bill 1586 and Senate Bill 5533, would authorize a two-year study on pursuits and best practices to make recommendations to the legislature. WR supports these bills in addition to—not as a replacement for—the original HB 1363.

It is estimated that there will be over 2000 bills introduced in this legislative session. We are currrently tracking 78 bills on our governmental affairs webpage.

Tell your Senator to vote NO on SSB 5217 (ergonomics)

The Washington State Senate is trying — again — to give the state Department of Labor & Industries authority to impose costly and unnecessary new regulations on all businesses.

We’ve been down this road. Twenty years ago, voters passed an initiative repealing the state’s burdensome, expensive, and unproven ergonomics standard. And just last year lawmakers tried and failed to pass a bill to undo the initiative.

Now, they’re trying again with SSB 5217.

Please take a moment to contact your senator and tell them to vote NO on SSB 5217

Be sure to check out other bills currently on our Bill Watch List.