Activities of the Legislature affecting farmers and ranchers in Washington state

Legisletter Home

March 2, 2007

In This Issue

• First Cutoff Date of 2007 Session Arrives

• Land-Use Bills Still in Play

• Bills May Harm Farmers and Small Business

• Employment Law Issues Could Be Biggest Challenge of Session for Employers

• Bills of Interest

• Subscription Information

• Information Resources

First Cutoff Date of 2007 Session Arrives

This week the Legislature marked a key deadline for bills to be out of policy committees.

For the most part, if a bill has not passed the policy committee, it is no longer eligible for further consideration. But there are always exceptions.

Transportation and financial matters have later deadlines, and any matter necessary to implement the budget is exempted from the deadline. That means anything that costs money or saves money can still be considered alive.

Washington Farm Bureau has tracked more than 400 bills that could affect farmers and ranchers in some manner.

This week in LegisLetter, you’ll notice that the bill tracking list has been greatly reduced because of the committee cutoff deadline. Active, or “alive,” bills will be tracked and reported weekly in LegisLetter.

If bills are revived under any of the exceptions to cutoff, they will be added back into the active tracking list that will be distributed with LegisLetter. “Dead” bills that we have tracked can be viewed or downloaded in Microsoft Excel format at www.wsfb.com\LegisLetter\BillTracking2007-03-02.

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Land-Use Bills Still in Play

Below are several land-use bills that have survived the first cutoff of the session. Farm Bureau supports these measures.

• Protecting Legally Existing Agricultural Activities. SB 5248, sponsored by Sen. Brian Hatfield (D-Raymond), has passed the Senate Agriculture Committee and is on second reading, which means the bill is eligible to be pulled to the Senate floor for a vote. The bill would clarify that legally existing agricultural activities on agricultural lands cannot be prohibited under the Growth Management Act. This provision is already in the Shorelines Management Act. HB 2212, sponsored by Rep. Brian Blake (D-Aberdeen), passed out of the House Local Government Committee as a "title-only" bill. It has only the title (subject matter) and intent section. The bill language is being negotiated with Speaker Frank Chopp (D-Seattle), committee chairs, agriculture, environmental organizations, and the sponsor. HB 2212 includes provisions to negotiate some issues at the Ruckelshaus Center, a policy consensus center jointly hosted by UW and WSU. The key point being negotiated is how to protect farms from devastating restrictions in 2007 and 2008 while local governments update their critical areas ordinances.

• Right-to-Farm Protections. SB 5076, by Sen. Jim Honeyford (R-Sunnyside), and HB 1648, by Rep. Brian Sullivan (D-Mukilteo), would clarify that changing agricultural crops and operations are protected by the state's right-to-farm law. SB 5076 passed the Senate Agriculture Committee on Feb. 27 and is now in the Senate Rules Committee. HB 1648 passed the House 97-0 on Feb. 28.

• Flooding and Erosion. HB 1748, sponsored by Rep. Brian Sullivan (D-Mukilteo), and SB 5733, sponsored by Sen. Val Stevens (R-Arlington), would address chronic flooding and erosion. The House bill passed the House Agriculture Committee unanimously on Feb. 21 and is in the House Rules Committee. The Senate bill passed the Natural Resources, Oceans, and Recreation Committee on Feb. 28 and is now in Senate Rules. Farm Bureau has worked cooperatively with the Department of Fish and Wildlife and others to bring forth this legislation to allow chronic flooding and erosion to be addressed in a manner that fixes the problems and protects fish at the same time. 

• Eminent Domain. HB 2016, by Rep. Larry Springer (D-Kirkland), would require that, when real property is acquired through condemnation or under the threat of condemnation, the owner of the property retains an option to repurchase the property. The bill would also provide additional notice to people whose property is being considered for taking through eminent domain. The bill passed the House Judiciary Committee on Feb. 27. HB 1458, by Rep. Kevin Van De Wege (D-Sequim) would require written notification to people whose property is being considered for taking through eminent domain. It passed the House Judiciary Committee on Feb. 13 and was placed on second reading Feb. 27. The Senate version is SB 5444, sponsored by Sen. Mike Carrell (R-Lakewood). It passed the Senate unanimously on  Feb. 2 and is now in the House Judiciary Committee.
  
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Bills May Harm Farmers and Small Business

During the next week, several bills that could harm farmers, ranchers, and other small business people could come up for a vote, or they could quietly die in a financial committee or the rules committee of each chamber, where the House speaker and Senate majority leader exercise discretion over which bills will be brought up for a vote.

Two bills that are currently in the Rules Committee of their respective chambers would negatively impact agriculture; thus, they become our highest priority.

HB 1920 -- Overtime in agriculture. This bill, sponsored by Rep. Steve Conway (D-Tacoma), would:

• Overturn a unanimous Supreme Court decision that harmonized federal and state law with regard to overtime for transporting agricultural products;

• Require payment of overtime for some farmers who pack or transport crops, but not others; and,

• Create a conflict between federal and state law in this area.

The bill is opposed by all employer groups who are members of the Employment Law Advisory Committee, which was established to discuss issues like this. The bill was never discussed at this committee and is therefore opposed by committee members from the Association of Washington Business, Farm Bureau, the National Federation of Independent Business, and private law firms who represent employers on these matters. These groups are asking that the advisory committee be given a chance to work on this bill.

SB 5675 -- Minimum benefits for workers' comp. When a part-time or seasonal worker is injured and eligible for income replacement benefits, the current practice is to average wages from all jobs and pick the highest average for a one-year period. This bill would create a minimum payment for employers of these workers, regardless of the amount earned by worker. This bill, sponsored by Sen. Rosa Franklin (D-Tacoma), would:

• Result in a payment of more than 100 percent of the workers' wage in the case of part-time or seasonal workers; and,

• Invite fraud -- A worker could be hired for one hour, walk off the job, file a claim without the employer's knowledge, and begin receiving a monthly benefit.

The bill is opposed by retail, agriculture, small business, and others who employ part-time and seasonal workers.

On a positive note, SB 5723, the Community Agricultural Vocational Institute, sponsored by Sen. Marilyn Rasmussen (D-Eatonville), has advanced through the fiscal committees and is in Senate Rules. However, HB 2082, the Field of Dreams tuition assistance program sponsored by Rep. Bruce Chandler (R-Granger), appears bogged down in House Appropriations. We are attempting to get a hearing for HB 2082 scheduled. Farm Bureau supports both of these bills.

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Employment Law Issues Could Be Biggest Challenge of Session for Employers

A pair of employment law bills in each chamber that no one gave very much chance of succeeding at the beginning of session could cause the most immediate impact for small employers. 

Legislative action requests for these bills are posted on our Legislative Action Center at www.wsfb.com. Please take a minute to contact your elected officials and urge them to vote NO on these two bills:

• Paid Family Leave. HB 1658, sponsored by Rep. Mary Lou Dickerson (D-Seattle), and SSB 5659, sponsored by Sen. Karen Keiser (D-Des Moines). These bills would create a paid family medical leave insurance program that would provide up to five weeks of benefits at $250 per week, in addition to any paid time off a person is otherwise entitled to. This program has different eligibility requirements from those mandated by the unpaid 12-week state or federal family medical leave act, but the programs otherwise seem pretty similar. There is a provision that would require unpaid and paid family leave to be taken concurrently. Employers would pay the premiums, which could be deducted from a worker's pay.

• Disability Laws. SHB 1322, sponsored by Rep. John McCoy (D-Tulalip), and SSB 5340, sponsored by Sen. Adam Kline (D-Seattle), are currently in fiscal committees and would greatly expand the definition of disability to include, among other things, "the presence of a sensory, mental, or physical impairment that is perceived to exist whether or not it exists in fact." This circular definition (a disability is an impairment) is an invitation to lawsuits alleging that the business owners owe a duty to accommodate any requests by workers. 
  
  These bills would overrule a recent state Supreme Court decision that sought to harmonize federal and state disability laws and would make it extremely difficult for an employer without an attorney to understand the our state disability discrimination laws. This bill is poor public policy because it would:

  • Greatly expand liability for businesses for temporary disabilities that do not impact job performance;

  • Overturn a clear judicial ruling that harmonizes federal and state law in the area of disability; and,

  • Create new lawsuits based on a broad, circular definition of disability.

  Please send a clear message to your elected representatives that these bills are business killers that will rob productivity from Washington’s workplace.

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Bills of Interest

The following is a list the bills we are currently tracking.

• In the Bill column, E = Engrossed (i.e., amendments have been adopted), S (preceding HB or SB) = Substitute bill, HB = House Bill, SB = Senate Bill, JM = Joint Memorial, JR = Joint Resolution.

• In the Position column, S = Support, M = Monitor, N = Neutral, C = Concerns, O = Oppose.

• In the Priority column, H = High.  

• In the Lobbyist column, C = Patrick Connor, F = Dan Fazio, S = John Stuhlmiller, W = Dan Wood.

• Bold indicates a priority bill. 

Health Care  

Labor and Employment  

Land Use  

Other  

Taxes and Budget

Water, Energy, and Environment