“I love this bill. I’m mad my name’s not up as one of the sponsors”
State Director Patrick Connor reports from Olympia on the legislative week ending March 8
The House and Senate spent Week 8 debating and passing bills. Consequently, there were few committee hearings scheduled. This week also marked the mid-point of this year’s constitutionally permitted 105-day regular legislative session.
Floor action is possible this weekend and will continue through Wednesday of next week. The deadline for bills to be approved in their chamber of origin is 5 p.m. Wednesday. Committee hearings will resume in earnest Thursday, March 14.
Small Business Bill of Rights
Among the few public hearings held this week was that of the House State Government & Tribal Relations Committee. That panel heard House Bill 2093, NFIB’s Small Business Bill of Rights. Our lead sponsors, former Leadership Council member Rep. Andrew Barkis and Rep. Mike Chapman did a stellar job discussing the bill and answering a surprising number of questions from interested committee members. Of particular note, Olympia state Rep. Laurie Dolan told Reps. Barkis and Chapman, “I love this bill. I’m mad my name’s not up as one of the sponsors.” Rep. Barkis’ and Chapman’s terrific testimony is worth watching. The bill is not expected to move out of committee, since the deadline for policy bills to pass committee of origin has already passed.
Taxes
The Senate Transportation Committee this week approved Senate Bill 5971, a massive transportation revenue package, including a carbon tax, a 6 cents per gallon gas tax hike, vehicle weight and other fee increases. The bill was sent to the budget-writing Senate Ways & Means Committee for further consideration. NFIB opposes the bill.
Labor
The House passed Rep. Gina Mosbrucker’s House Bill 1056, establishing a task force to determine how employers can assist workers with domestic violence issues. NFIB is named as a task force member. We had expressed concerns about the short timeframe for the task force to delve into this sensitive and complex subject matter, and issue recommendations for legislative action, in four months or less. Representative Mosbrucker amended the bill on the House floor to extend the timeline, remove legislative members from the task force, and assign coordination responsibilities to the state Department of Commerce. If the legislation is enacted, NFIB will be seeking a volunteer to serve on the panel. NFIB is now neutral on the bill.
House Bill 1930, requiring employers to make a private room (that is not a bathroom) available for working mothers to pump breastmilk, passed the House 96-1 this week. The bill includes NFIB’s amendment to waive the requirement of providing a private area if the office, job shack, or other workplace does not have a separate area or space to do so. Instead, employers would be directed to work with employees to identify other suitable arrangements. The requirement applies to businesses with 15 or more employees. NFIB is neutral on the bill since our amendment was adopted.
Environment
The Senate this week passed bills limiting the use of plastic straws, Senate Bill 5077, and banning plastic bags, Senate Bill 5323. NFIB is on record opposing the bills, but they are not priority votes for us due to a split in the business community on the issues. Both grocery trade associations support the bag ban to establish a single, statewide standard, rather than continuing to have different rules in various cities. That bill also allows them to collect and retain an 8-cent fee for each paper bag provided to a customer.
The Senate also passed SB 5116, eliminating “coal by wire” by the end of 2025, and requiring all electrical generation sources be greenhouse gas neutral by 2030. “Coal by wire” is the term used for electricity purchased from out-of-state, coal-fired powerplants, like Montana’s Colstrip facility. NFIB opposes the bill due to concerns about higher electrical costs outstripping what little, if any, environmental benefits could result.
Health Care
By a margin of 57-41, the House approved House Bill 1523, the “public option” that isn’t. NFIB member Rep. Joe Schmick won approval of floor amendments allowing traditional health insurance plans to permanently remain in the state’s Health Benefit Exchange, along with the addition of “standard benefit design” plans. As we’ve previously reported, NFIB supports adding standard benefit plans to the marketplace. These plans shift portions of cost-sharing (deductibles, co-payments, co-insurance) into the monthly deductible. This would make a huge difference to individuals and families with members who have health conditions requiring high-cost medical or prescription drug treatment (cancer, diabetes, autoimmune diseases, blood disorders, for example). Consequently, NFIB now supports the bill.
The Senate passed NFIB-supported Senate Bill 5887, by a vote of 45-2. The bill clarifies last year’s successful legislation that sought to reduce paperwork hurdles health insurers use to block access to benefits in their policies. This bill makes technical corrections to limit insurers’ ability to require prior authorization for a subset of visits allowed for chiropractic, massage, or physical therapy. Senate Republican leadership took NFIB to task this week for supporting the bill over health insurers’ objections. We explained our continued support for the bill, and its predecessor last year, is based on the ability of a worker suffering minor sprains, strains, or other pains to get prompt treatment that allows him or her to return to work quickly, and generally without needing prescription medication that can limit their productivity. It was a bit surprising that Sens. Mark Schoesler, Sharon Brown, and Ann Rivers disagreed this was a “small business issue” that NFIB should support, particularly since Brown and Rivers voted for the bill, which is sponsored by Republican Floor Leader Sen. Shelly Short. Moreover, NFIB has long supported prior authorization streamlining efforts that balance insurers’ ability to minimize unnecessary treatment and control costs, with our members’ ability to actually use the insurance benefits they pay for through their monthly premiums.
Other
The Senate passed Senate Bill 5163, expanding wrongful death lawsuits. The bill would substantially increase liability for businesses, hospitals, state and local governments. Moreover, under Washington’s joint-and-several liability laws, a defendant found 1 percent responsible could wind up paying 100 percent of the verdict or settlement. NFIB opposes unnecessary expansion of civil liability and the lawsuit abuse it causes.
Previous Reports From the State Capitol
