Two Bills Giving More Reasons to Sue Employers Await Executive Action

Another measure prohibiting pre-employment screening of applicants for cannabis use advances

State Director Patrick Connor reports from Olympia on the small-business agenda for the legislative and political week ending March 24

House and Senate committees continued hearing and approving bills from the opposite chamber this week in advance of next Wednesday’s policy cut-off, including several of interest to NFIB and its members as discussed below.

The Senate Ways & Means Committee held a public hearing (March 24) on its proposed 2023-25 operating budget. The Senate approved its proposed capital (construction/public works) budget earlier in the day. The House of Representatives may run late into the night to avoid meeting over the weekend.

Environment

HB 1589, limiting future expansion of natural gas lines, is scheduled for executive session in the Senate Environment, Energy & Technology Committee on March 28. NFIB opposes the bill.

Health Care

HB 1357, modernizing prior authorization processes, was approved by the Senate Health & Long-Term Care Committee and has been referred to Senate Ways & Means. NFIB supports the bill.

Labor

HB 1068, allowing independent medical exams to be videotaped, was amended and approved by the Senate Labor & Commerce Committee. On the plus side, workers would be prohibited from altering recordings or posting them to social media; however, in a setback, another change would allow neuropsychological visits to be recorded. The bill has been referred to the Senate Rules Committee. NFIB provided testimony and opposes the bill.

HB 1106, expanding unemployment insurance benefits for workers voluntarily quitting due to shift changes impacting child- or elder-care, or to care for their own or a family member’s health condition, is scheduled for executive action in the Senate Labor Committee. NFIB opposes the bill.

HB 1197, allowing psychologists to be attending providers for workers’ compensation PTSD claims by first responders, was approved by the Senate Labor Committee. It has been sent to Senate Rules for further action. NFIB opposes the bill.

HB 1217, establishing a 12% annual interest penalty for wage complaints and forming a workgroup to study how other states handle wage claims, was rescheduled for executive action on March 27. NFIB opposes the bill.

HB 1320, authorizing workers to sue over personnel file disputes, was amended in the Senate Labor Committee on March 23. NFIB has opposed the bill and is now reviewing the various amendments made by the committee.

HB 1491, limiting jobsite searches of workers’ private vehicles, passed the Senate Labor Committee and was referred to Senate Ways & Means. NFIB supports the bill.

SB 5110, authorizing workers to sue employers for various alleged workplace violations. Executive action was taken March 24 in the House Labor & Workplace Standards Committee. It has not yet been posted whether the bill will go to House Appropriations or the House Rules Committee. NFIB opposes the bill.

SB 5123, prohibiting pre-employment screening of applicants for cannabis use, passed the House Labor Committee. It has been referred to House Rules. NFIB opposes the bill.

SB 5217, ergonomics, was approved by the House Labor Committee and referred to House Rules. NFIB opposes the bill. We also deployed an action alert on Small Business Day, asking members to contact their state representatives and express opposition to the bill.

SB 5320, modifying the hours-worked requirements to sit for journey-level electrical examinations, passed the House Labor Committee. Due to amendments, NFIB is now neutral on the bill.

SB 5454, making PTSD a presumptive illness for nurses under the state’s workers’ compensation system, had executive action taken on March 24 in the House Labor Committee. It has not yet been posted whether the bill will be referred to House Appropriations or the House Rules Committee. NFIB opposes expanding presumptive determinations in workers’ comp claims.

Regulatory

HB 1392, Right to Repair, was heard in the Senate Environment, Energy & Technology Committee on March 22. NFIB testified in support. There is a good chance the bill could be blocked in committee, however. Committee member Sen. Lisa Wellman, a former Apple executive, who also serves as chair of the Senate Education Committee, opposes the bill. It was reported that Wellman contacted her former employer after the hearing and then claimed a teacher gave incorrect testimony about the repair process for Apple devices at that teacher’s school district. To the best of our knowledge, Wellman has been silent on the repeated, gross mischaracterization by bill opponents of the University of Guelph study they claim shows small, independent repair shops are more likely to violate customers’ data privacy. As oft noted, the study specifically calls out Apple and its repair partner, Best Buy’s Geek Squad, for routinely violating customers’ constitutional and legal rights, frequently breaching and then posting sensitive personal information online. It appears that at least two of the three Republicans on the panel will join Wellman in voting against the bill. An action alert was deployed on Small Business Day asking members to contact Senators asking them to join us in supporting the bill. One vote could decide the outcome of this bill.

HB 1534, homeowner recovery fund and contractor bond increase, was amended and approved by the Senate Labor Committee this week. The amendments would significantly increase penalties for contractors that fail to register or who violate the state’s contractor registration laws. NFIB and the business community have supported the bill. We are looking into the potential impact of the proposed penalty increases.

HB 1742, business licensing and unclaimed property penalty waivers, was approved by the Senate Law & Justice Committee and referred to Senate Ways & Means. NFIB supports the bill.Next Wednesday, March 29, is the deadline for policy committees to approve bills from the opposite chamber and advance them to either their respective Rules Committee or fiscal committee for those with a budgetary impact.

Past Weekly Reports and Related Information