April 17, 2007

ESSB 5498 On the Way to Governor for Signature

As many of you know, last Friday ESSB 5498 passed the House of Representatives on a 74-23 vote. There were 14 amendments offered and after extensive debate and floor speeches, all 14 amendments were defeated. The bill will be delivered to the Governor for signature. This week we have scheduled meetings with the Governor's office, Department of Revenue and various legislative leaders to answer any questions that they may have. There is no known opposition to ESSB 5498; however, we cannot take anything for granted as we enter the final process for codification into state law. The effective date for this legislation is July 22, 2007 (90 days after sine die). A full report with detailed information and recognition of key legislative members and associated lobbyists involved will be provided after the Governor has signed the bill.

Updates from the last report are shown here in bold type. For additional information on bills, you may access the state legislative homepage at www.leg.wa.gov or call Roger Ferris at 1.800.491.9322.

Governance Issues

SHB 1024: This is a legislative proposal which will ban the use of DECA flame retardant in household items if a safer alternative is found. The WFCA has concerns with regulatory and special interest groups having unilateral authority to ban this flame retardant. It should be the responsibility of the state legislature to implement, through a public legislative vote, as this legislation has far-reaching policy impacts. SHB 1024 was scheduled for action by the Governor today.

ESHB 1368: This is the special purpose district legislation to implement cost of living adjustments for commissioner per diem compensation. Fire district commissioners currently receive $70 per day. This legislative proposal will increase the per diem compensation up to $90 per day with a yearly maximum of $8,640 per year. As reported last Friday, the bill passed the Senate with amendments and has been returned to the House for concurrence. It now appears that the House and Senate may not agree on the details of the bill. If they do not agree on final passage of the bill by sine die (scheduled for Sunday) then the bill will die. We will keep you updated as we continue to work this issue.

SSB 6119: This bill was amended by the House Appropriations Committee with the following striker amendment language:

SSB 6119 does not impact current funding programs; however, new dedicated fund (15% of insurance premium) has been deleted and apprenticeship program must be funded through state appropriation. Senate concurred with House amendments. Bill will be delivered to Governor.

LEOFF Plan 2 Retirement Board Request Legislation

The following proposals are request legislation from the LEOFF Plan 2 Retirement Board.

SHB 1679: Provides for one position on the LEOFF 2 Retirement Board to be a retired employee. It does not affect employer representation or increase board membership from its current eleven members. Passed Senate. Has been returned to House for concurrence of Senate amendments.

HB 1680: Provides for service credit calculations and transfer provisions. Monitor. Passed Senate will be delivered to Governor for signature.

State Budget/E-911

Both the House and Senate budgets protect the Enhanced 911 Account from being raided by other agencies. We will monitor this issue until the final budget has been approved by the state Legislature. The State Budget (SHB 1128) passed the Senate. We will provide updates as the budget moves through the process. We are appreciative of the House and Senate recognizing the importance of E-911 statewide funding. We are confident that the E-911 account has been protected.

Firefighter Disability Legislation

SHB 2147: A legislative proposal which provides vocational rehabilitation services to volunteer firefighters who are injured and/or disabled "in the line of duty". This is a new benefit which will be provided through the Board for Volunteer Firefighters and Reserve Police Officers Relief and Pension Program, without increase in disability payments by fire districts. WFCA was successful with amendment to provide for an emergency clause, so injured firefighters can access vocational rehab benefits immediately after bill becomes law. Passed Senate 48-0. WFCA supports. Governor Gregoire signed SHB 2147 today.

ESHB 1833: This bill will expand the firefighter presumptive disease statutes in workers' compensation laws to include stomach cancer, intestinal cancer, multiple myeloma, testicular cancer and prostate cancer. Also presumes that strenuous exercise resulting in injury to the heart is presumed to be occupationally related. This legislation amends the presumptive disease rebuttal language from current preponderance of the evidence, to be rebutted by clear, cogent and convincing evidence. Also, if the employee prevails and the presumption is upheld, the employee will be awarded full benefits, attorneys' fees, expert witness costs and all other costs. WFCA will use the same criteria as in past years to evaluate the proposed added cancers and requests a fiscal note for cost impacts to workers' comp rates. This bill is proposed by the State Council of Fire Fighters and supported by the Washington Fire Chiefs. Amendments have been added to restore preponderance of evidence for rebuttal, clarifies attorney fees, and deletes stomach cancer and amends prostate cancer. Employer cost impacts have been reduced significantly with House floor striking amendment. Passed Senate with committee amendment. Will be returned to House for concurrence of Senate amendments.

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