Activities of the Legislature affecting farmers and ranchers in Washington state

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April 5, 2007

In This Issue

Little Action This Week on CAO Legislation

There was little action this week on legislation to protect legally existing agriculture from onerous new regulations and large buffers. The only exception was SB 5248, which was placed on second reading by the House Rules Committee on Wednesday, April 4. This step makes the bill eligible for floor action. 

We have high expectations for talks involving the governor’s office, House and Senate leadership, and representatives of agriculture, environmental and local government organizations.

Farm Bureau continues to seek the greatest level of protection of existing agriculture.

The Shoreline Management Act currently protects legally existing agricultural activities from new regulations under that act. 

SB 5248 was drafted by Washington Farm Bureau and introduced by Sen. Brian Hatfield (D-Raymond). The bill, as passed by the Senate, would protect legally existing agricultural activities from new regulations under the Growth Management Act. An extensive list of existing laws would remain in place. 

One of the central goals of the GMA is to "maintain and enhance natural resource-based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses." 

Buffers that remove land from farming and drive farms out of business are certainly "incompatible uses" and do nothing to "maintain and enhance" agriculture, as directed by the eighth goal of the GMA. 

In their current form, both SB 5248 and HB 2212, sponsored by Rep. Brian Blake (D-Aberdeen), provide a two-year "timeout" from new regulations while people talk about the issues at the Ruckelshaus Center. The center is intended to facilitate negotiations on public policy matters. 

Farm Bureau believes that a timeout longer than two years is needed to provide certainty to farmers. We will continue meeting with the parties involved to seek legislation that would provide certainty to farmers and opportunities to craft programs that enhance agriculture and the environment at the same time. 

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Amendments Threaten Right-to-Farm Passage

Amendments in the Senate Agriculture Committee last week have raised questions about whether the right-to-farm legislation would protect new geoduck operations.

The amendments did not appear on the bill as passed unanimously by the House.

HB 1648, sponsored by Rep. Brian Sullivan (D-Mukilteo), would make clear that a farm operation that was in place prior to surrounding development is protected from nuisance complaints, if the operation is consistent with existing laws and good management practices.

The recent court ruling held that a cherry orchard was not protected by the right-to-farm law because it was an apple orchard when the complaining neighbor moved in.

HB 1648 would clarify that such operations are protected. Farm Bureau is asking the Senate to pass the bill in the same form as passed by the House.

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Paid-Leave Bill Stripped

Governor Wants Bill Passed and Sent to Voters

After debate on the Senate floor and hearings in four committees, the House Appropriations Committee last Saturday passed 2ESSB 5659, the paid-leave bill, but only after it had been stripped of all substantive provisions.

2ESSB 5659, sponsored by Sen. Karen Keiser (D-Des Moines), is called the Paid Family Leave bill. The bill began as a disability benefit, then was watered down to be more of an employment regulation, and now is nothing more than a bill with an intent section and no substance.

The bill passed the Senate mostly along party lines, 32-17, and is supported by Senate Majority Leader Lisa Brown (D-Spokane). The Senate bill was deemed unfixable, so after three months, the House has decided to restart from scratch.

For a list of technical and policy problems with this bill, go to www.wsfb.com. 

Earlier in the session, Gov. Gregoire said that she did not favor any new payroll taxes. Now she states that she wants the paid-leave bill -- a payroll tax on workers -- to be passed, but only if it contains a referendum clause.

The Legislature can effectively punt a decision by passing a bill but delaying implementation until voters have given their approval. 

A fiscal note projected that the costs for administering this program would be more than all awards. For every one person who would use the system, there would be 99 who would pay for it but not use it.

Even assuming that each claims manager could handle 500 ongoing benefit claims, more than 80 new state workers would be needed, not including various employment inspectors and attorneys and judges to handle appeals by workers and businesses. This massive bureaucracy would be created by the Department of Labor and Industries.

The business community, led by Farm Bureau, has offered to spend this summer working on a paid disability system that would provide a real benefit to workers and would not harm businesses.

In January, Farm Bureau presented to House Commerce and Labor Committee Chair Steve Conway (D-Tacoma) and House Speaker Frank Chopp (D-Seattle) a plan that would have allowed voluntary participation by workers, would not have impacted the unemployment insurance system, and would not have created any new employment regulations. The employer's role would have been limited to making the payroll deduction if the employee so desired.

The Farm Bureau plan was rejected. It probably made too much sense. 

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Custom-Farming Bill Still Alive

Monday, April 2, was the deadline for fiscal bills to be reported from committee. Thanks to the response from Farm Bureau members who contacted key members of the Senate Ways and Means Committee over the weekend, ESHB 2352 was added to the agenda and approved by that committee on Monday.

On Wednesday, the Senate Rules Committee made the bill eligible for floor action. The Senate must act on the bill by the 5 p.m. Friday, April 13 deadline to consider House bills.

HB 2352, sponsored by Rep. Bill Grant (D-Walla Walla), is a priority bill for Washington Farm Bureau, and we appreciate the strong support from members of the Senate who have been instrumental in keeping this bill moving.

Please contact your senator to ask that HB 2352 be brought to a vote of the Senate as soon as possible.

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Health-Care Bills Still in Play

Washington Farm Bureau, along with other members of the business community, is continuing to reach out to House members of both parties encouraging them to support E2SSB 5930 as it passed the Senate. 

The House Health Care and Wellness Committee gutted key provisions of the governor’s bill that would have the most beneficial impact to individual and small business purchasers of health insurance. We are hopeful that the House will reject the committee amendments and approve the bill in the same form it passed the Senate by a vote of 48-0. The bill is currently in the House Rules Committee awaiting further action.

On the Senate side, the latest incarnation of E2SHB 1569, formerly known as the Cody/Hinkle Connector bill, is still alive. It was amended by both the Senate Health and Long Term Care Committee and Senate Ways and Means Committee. The current version attempts to create a parallel market rather than forcing parts of the private health insurance market into some sort of public or quasi-public program. The bill has been sent to Senate Rules for further action. If the Senate approves the bill in its latest form or as further amended, it would be returned to the House for that body to either concur with the Senate amendments or reject the changes.

Farm Bureau’s preference is for the bill to remain in the Senate Rules Committee indefinitely.

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Bills of Interest

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

Health Care  

Bill Description Status Sponsor Position Lobbyist
SHB 1337 Colorectal cancer mandate Del to Gov Kenney O C
EHB 1460 Mental health parity mandate C 8 L 07 Schual-Berke O C
E2SHB 1569 Forces small employers into state-run insurance pool S  Rules 2 Cody O C
ESB 5261 Ins commissioner authority H  Rules R Keiser O C
E2SSB 5930 Governor's health care reform bill - oppose cmte amendmnt H  2nd Reading Keiser M C
E2SSB 5958 Primary health care delivery H  2nd Reading Keiser M C

 Labor and Employment  

Bill Description Status Sponsor Position Lobbyist
SHB 1244 Wages for workers' comp disability - banked hours S  Passed 3rd Conway O F
SHB 1278 Lowers U/I rates for start-up companies S  Passed 3rd Conway S F
SHB 1407 Flexible funding would improve ESD administration S  2nd Reading Conway S F
SHB 1500 Workers comp permanent partial disabilities S  2nd Reading Conway S F
HB 1501 allows L&I to waive overpayments in workers comp pensions S  Rules 2 Wood O F
HB 1666 Nurse Practitioners can treat workers comp cases S  Rules 2G Green S F
HB 1722 Physicians asst. can treat workers comp claims consistent with licensure S  Rules 2 Conway S F
ESHB 2073 Workers' comp voc rehab -- increased benefits and opt out provision  S  Rules 2 Conway S F
EHB 2105 Workers' comp/prescriptions S  2nd Reading Conway S F
HB 2281 Shared leave S  Rules 2 Appleton M F
SSB 5053 Creates ombudsman for workers of self-insured employers H  Passed 3rd Keiser O F
SSB 5087 Challenges the Constitutionality of Federal Real ID Act H  2nd Reading Haugen M F
SSB 5137 Lowers U/I rates for start-up companies H  Rules R Kohl-Welles S F
ESSB 5290 Establishes workers' comp medical & chiro. advisory committee H  Passed 3rd Keiser S F
SSB 5340 Expands definition of disability beyond ADA standards H  2nd Reading Kline O F
ESSB 5373 Omnibus bill -- mandatory U/I contributions for business owners H  2nd Reading Kohl-Welles S F
SSB 5443 Workers' comp claims suppression H  Passed 3rd Kohl-Welles O F
SSB 5653 Self employment assistance for unemployed workers H  Rules R Kauffman S F
E2SSB 5659 Family & medical leave ins H  Rules R Keiser O F
ESB 5675 Increasing Minimum Workers' Comp Disability Benefits H  2nd Reading Franklin O F
SSB 5676 Revising workers' comp time loss provisions H  Rules R Keiser O F
SSB 5688 Allowing attorneys to receive workers' comp claim notices earlier S  Pres Signed Kohl-Welles S F
SSB 5702 Employer must inform worker if worker is not covered by U/I H  Passed 3rd Benton S F
ESSB 5915 Newly registered businesses receive required employment posters H  Passed 3rd Honeyford S F
ESSB 5920 Workers' comp voc rehab -- increased benefits and opt out provision  H  Passed 3rd Kohl-Welles S F

Land Use  

Bill Description Status Sponsor Position Lobbyist
SHB 1409 Forest practices jurisdiction by local governments S  Rules 2 Sullivan, B. S W
SHB 1458 Requires written notice for eminent domain actions S  Passed 3rd Van De Wege S W
SHB 1561 Gives eminent domain powers to local govt. watershed groups S  2nd Reading Jarrett O W
2SHB 1636 Transfer of development rights review & recommendations S  2nd Reading Simpson M W
EHB 1648 Right-to-farm protections S  Rules 2 Sullivan, B. S W
ESHB 2016 Provides right to repurchase land taken through eminent domain S  Rules 2 Springer S W
ESHB 2212 Agricultural activities S  Rules 2 Blake M W
SSB 5108 Farmland preservation office H  2nd Reading Haugen S W
SSB 5248 Protects existing ag uses on ag lands H  2nd Reading Hatfield S W
SSB 5315 Allowing access to private property during wild fires H  2nd Reading Schoesler S W
SB 5778 Counties must create shellfish protection programs H  2nd Reading Fraser M W
2SSB 5883 Forest land conversion to non-forestry uses S  Pres Signed Fraser S W

Other  

Bill Description Status Sponsor Position Lobbyist
HB 1077 Protects sensitive fish & wildlife data S  Rules 2G Blake S S
SHB 1122 Allows DNR to continue contracting out to manage forest health S  Rules 2G Kretz S S
SHB 1304 Requires farm trucks to obtain US DOT numbers S  Passed 3rd Kagi S S
HB 1416 Extends asparagus standard exception to 2009 S  Rules 2 Grant S C
ESHB 1756 Authorizing one additional hound hunting cougar season S  2nd Reading Kretz S S
HB 1775 Class b felony to harm or kill horses/cattle of others w/o permission S  Rules 2 Hinkle S S
SHB 1909 Protecting from the theft of specialized forest products S  2nd Reading Orcutt M S
ESB 5204 Animal health laws H  2nd Reading Rasmussen S C
SSB 5236 Public habitat and recreation lands management H  Passed 3rd Parlette M W
ESSB 5312 Increases records requirements to deter metal property theft H  Passed 3rd Tom S W
ESB 5401 Licensing Christmas tree growers H  Passed 3rd Rasmussen S C
SSB 5461 Allows DNR to continue contracting out to manage forest health H  Passed 3rd Morton S S
SSB 5463 Increases the forest fire protection assessment H  Passed 3rd Jacobsen M S
SB 5561 Voter registration allowed up to election day H  Rules R Oemig M W
SSB 6141 3-tier forest health program, small landowner help if problem due to others H  2nd Reading Jacobsen S S

Taxes and Budget

Bill Description Status Sponsor Position Lobbyist
ESHB 1092 Capital budget S  Passed 3rd Fromhold M C
ESHB 1094 Transportation budget 2007-09 S  Passed 3rd Clibborn M C
SHB 1128 Operating budget 2007-09 S  Passed 3rd Sommers M C
ESHB 1147 Implements use of USDA to determine cause of damage to livestock S  Rules 2 Kretz S S
HB 1311 Small farm assistance program S  2nd Reading Grant S C
HB 1443 Utility tax deduction for transporting commodities S  Rules 2 Grant S C
SHB 1513 Modifies forest product B&O tax provisions S  Passed 3rd Kessler S C
HB 1549 Wholesale unprocessed milk B&O tax exemption S  2nd Reading Linville S C
SHB 1805 Increases homestead exemption to $125,000 S  2nd Reading Morrell M C
HB 2032 Fruit and vegetable processing S  Rules 2 Takko S C
ESHB 2352 Exempts certain custom farming and other activities from B&O S  2nd Reading Grant S C
EHJR 4204 Simple majority to pass school levies, see SJR 8207 S  2nd Reading Schual-Berke O C
SSB 5207 Studies new taxes to fund freight-related infrastructure projects H  Rules R Haugen O C
SSB 5463 Changes forest fire protection assessment rates H  Passed 3rd Jacobsen M C
SSB 5560 Making technical corrections to tax laws H  Rules R Schoesler S C

Water, Energy, and Environment  

Bill Description Status Sponsor Position Lobbyist
E2SHB 1303 Providing incentives to enhance use of cleaner energy S  Rules 2 Dickerson M S
SHB 1646 Allows WDFW to take fish samples on public lands or with permission/search warrant S  Rules 2 Blake S S
SHB 2107 Settlement agreements S  Rules 2 Schual-Berke M S
ESSB 5372 Creating the Puget Sound Partnership H  2nd Reading Rockefeller M S
SSB 5481 Funding a study of water conservation/supplies for rural villages S  Pres Signed Oemig M S
ESB 5669 Renewable fuel standards H  Passed 3rd Holmquist M S
ESSB 6001 Climate change H  Rules R Pridemore M S
E2SSB 6117 Encouraging use of reclaimed water H  Rules R Fraser M S

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Information Resources

Washington Farm Bureau: www.wsfb.com 
Legislative Information: www.leg.wa.gov 
Governor's Bill Actions: www.governor.wa.gov 
Legislative Hotline: (800) 562-6000

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Subscription Information

To subscribe to LegisLetter by e-mail, contact Scott Dilley at sdilley@wsfb.com. 

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