Activities of the Legislature affecting farmers and ranchers in Washington state
April 13, 2007
With today's cutoff date for policy bills to pass out of the opposite chamber looming, both chambers of the Legislature have been working furiously to pass key legislation this week.
One
such measure is HB 1648, the right-to-farm bill. On Wednesday, April 11, the Senate
unanimously passed the bill, moving it one step closer to improving protections for agricultural operations and activities.
The Senate-passed version of the bill is different from the one passed by the
House. The differences between the amendments and the underlying bill were
primarily stylistic, and the House is likely to concur with the Senate
amendments.
The driving force behind the legislation is an adverse ruling on the existing
right-to-farm law by the state Court of Appeals, Division III.
HB 1648 would make it clear that a change in agricultural products is still protected by the right-to-farm law.
Washington Farm Bureau continues to seek protection for farms that are threatened by overbearing and unnecessary new regulations and buffers under the Growth Management 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" and "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 its current form (as amended by the House Local Government Committee), SB 5248 provides 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 had pushed for a permanent "exemption" from new regulations until legislative leadership
made it clear on the 95th day of the session that a vote would not be allowed on the outright
exemption.
Our focus now is securing as long of a timeout as possible, as directed by the
Washington Farm Bureau
Board of Directors. This will allow enough time to establish facts, find new voluntary programs, bring proposals back to the
Legislature, and implement them on the ground. Our goal is to achieve permanent protection through this effort.
Farm Bureau believes that a longer timeout is needed to provide both immediate relief and certainty to
farmers. Also, a longer timeout is necessary to demonstrate the success of voluntary programs and show that new regulations are not needed.
Two years is simply not enough time to do this.
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.
Tribal interests and others are now advocating a nine-month timeout from new regulations. Some of those advocates want to immediately get back to the opportunity to force more regulations on farms. Others want to hasten the crisis, arguing that a sudden loss of farm operations will illustrate the problem more clearly.
Farm Bureau is not willing to sacrifice farms and farmers to make a point. A longer timeout
would allow us time to create options that will protect all farmers.
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Washington's small businesses and other health insurance purchasers were dealt a one-two punch Thursday by Democratic majorities in both the House and Senate.
On what were essentially party-line votes, the House rejected efforts to restore language to E2SSB 5930, the Blue Ribbon Commission
bill sponsored by Sen. Karen Keiser (D-Des Moines), that would have made important improvements to the private health insurance market. In the form that passed the Senate unanimously, the bill enjoyed strong support from the
state's business community. However, the House Health Care & Wellness Committee stripped key provisions from the bill, leaving little or nothing in it to lower costs or to implement the
commission's recommendation to "give individuals and families more choice in selecting private insurance plans that work for them." The bill passed the House 61-34.
Farm Bureau appreciates the leadership and unwavering support of Rep. Mark Ericks (D-Bothell) who, along with most of the Republican Caucus, stood with the business community to the bitter end.
Not to be outdone, the Senate Democrat majority thwarted a bipartisan effort to amend the latest incarnation of E2SHB 1569, the so-called "connector"
bill sponsored by Rep. Eileen Cody (D-Seattle). In a legislative equivalent to a shell game, the actual content of this bill was unclear up to the point of consideration by the Senate. Democratic leadership gave conflicting indications about what version would actually be debated by that body. We are
reviewing the final Senate-passed language. At this point it appears that Association Health Plans are still being targeted for study to determine whether to absorb them into a new state-run
"partnership." The Senate approved the bill 28-20.
Farm Bureau thanks the Senate Republican Caucus and Sens. Mary Margaret Haugen (D-Camano Island), Steve Hobbs (D-Lake Stevens), and Tim Sheldon (D-Potlatch) for their opposition to the bill.
Since both bills were amended by the opposing chamber, each must be sent back to its chamber of origin for a concurrence vote. Washington Farm Bureau urges both the House and Senate to reject concurrence.
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Your assistance is needed! Call the governor and legislators today!
The Washington State House and Senate have passed their operating budget proposals for the next biennium. The fate of the WSU Industry-Based Unified Agriculture Initiative remains uncertain.
The House operating budget included $9.5 million for the Unified Ag Initiative; however, the Senate operating budget only included $2.8 million.
The Senate not only failed to fund any of the faculty and support positions included in the Initiative, but it also eliminated proposed operating funds for four research and extension centers (a portion of the request that was fully funded in the governor’s budget).
Time is of the essence. The conference committee process to reconcile the two budgets is now underway.
It is critical that supporters of the initiative contact Senate and House leaders to express support for the Industry-Based Unified Agriculture Initiative and request that the budget conferees support the House-approved funding level of $9.5 million.
To contact your legislators, please visit the Legislative Action Center at www.wsfb.com.
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 Lobbyist column, C = Patrick Connor, F = Dan Fazio, S = John Stuhlmiller, W = Dan Wood.
Bold indicates a priority bill.
| Bill | Description | Status | Sponsor | Position | Lobbyist |
| SHB 1337 | Colorectal cancer mandate | C 23 L 07 | 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 Passed 3rd | Cody | O | C |
| ESB 5261 | Ins commissioner authority | H 2nd Reading | Keiser | O | C |
| E2SSB 5930 | Governor's health care reform bill - oppose cmte amendmnt | H Passed 3rd | Keiser | O | C |
| E2SSB 5958 | Primary health care delivery | H Passed 3rd | Keiser | M | C |
| 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 | Del to Gov | Conway | S | F |
| SHB 1407 | Flexible funding would improve ESD administration | S Passed 3rd | Conway | S | F |
| SHB 1500 | Workers comp permanent partial disabilities | S Pres Signed | Conway | S | F |
| HB 1501 | allows L&I to waive overpayments in workers comp pensions | S Passed 3rd | Wood | O | F |
| HB 1666 | Nurse Practitioners can treat workers comp cases | S Passed 3rd | Green | S | F |
| HB 1722 | Physicians asst. can treat workers comp claims consistent with licensure | S Passed 3rd | 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 Pres Signed | Conway | S | F |
| HB 2281 | Shared leave | S Passed 3rd | 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 | Del to Gov | 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 Passed 3rd | Kline | O | F |
| ESSB 5373 | Omnibus bill -- mandatory U/I contributions for business owners | H Spkr Signed | Kohl-Welles | S | F |
| SSB 5443 | Workers' comp claims suppression | Del to Gov | Kohl-Welles | O | F |
| SSB 5653 | Self employment assistance for unemployed workers | H Passed 3rd | Kauffman | S | F |
| E2SSB 5659 | Family & medical leave ins | H 2nd Reading | Keiser | O | F |
| ESB 5675 | Increasing Minimum Workers' Comp Disability Benefits | H Passed 3rd | Franklin | O | F |
| SSB 5676 | Revising workers' comp time loss provisions | S Pres Signed | Keiser | O | F |
| SSB 5688 | Allowing attorneys to receive workers' comp claim notices earlier | Del to Gov | 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 | Del to Gov | Kohl-Welles | S | F |
| Bill | Description | Status | Sponsor | Position | Lobbyist |
| SHB 1409 | Forest practices jurisdiction by local governments | S Passed 3rd | Sullivan, B. | S | W |
| SHB 1458 | Requires written notice for eminent domain actions | Del to Gov | 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 Passed 3rd | Simpson | M | W |
| EHB 1648 | Right-to-farm protections | S Passed 3rd | Sullivan, B. | S | W |
| ESHB 2016 | Provides right to repurchase land taken through eminent domain | S 2nd Reading | Springer | S | W |
| ESHB 2212 | Agricultural activities | S Rules 2 | Blake | M | W |
| SSB 5108 | Farmland preservation office | H Passed 3rd | Haugen | S | W |
| SSB 5248 | Protects existing ag uses on ag lands | H 2nd Reading | Hatfield | M | W |
| SSB 5315 | Allowing access to private property during wild fires | H Passed 3rd | Schoesler | S | W |
| SB 5778 | Counties must create shellfish protection programs | H Spkr Signed | Fraser | M | W |
| 2SSB 5883 | Forest land conversion to non-forestry uses | Del to Gov | Fraser | S | W |
| Bill | Description | Status | Sponsor | Position | Lobbyist |
| HB 1077 | Protects sensitive fish & wildlife data | S Passed 3rd | Blake | S | S |
| SHB 1122 | Allows DNR to continue contracting out to manage forest health | S 2nd Reading | 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 Passed 3rd | Grant | S | C |
| ESHB 1756 | Authorizing one additional hound hunting cougar season | S Passed 3rd | Kretz | S | S |
| HB 1775 | Class b felony to harm or kill horses/cattle of others w/o permission | S Rules 2G | Hinkle | S | S |
| SHB 1909 | Protecting from the theft of specialized forest products | S Passed 3rd | Orcutt | M | S |
| ESB 5204 | Animal health laws | Del to Gov | 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 | Del to Gov | Morton | S | S |
| SSB 5463 | Increases the forest fire protection assessment | Del to Gov | Jacobsen | M | S |
| SB 5561 | Voter registration allowed up to election day | H 2nd Reading | Oemig | M | W |
| SSB 6141 | 3-tier forest health program, small landowner help if problem due to others | S Pres Signed | Jacobsen | S | S |
| 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 2G | Kretz | S | S |
| HB 1311 | Small farm assistance program | S Pres Signed | Grant | S | C |
| HB 1443 | Utility tax deduction for transporting commodities | S 2nd Reading | Grant | S | C |
| SHB 1513 | Modifies forest product B&O tax provisions | Del to Gov | Kessler | S | C |
| HB 1549 | Wholesale unprocessed milk B&O tax exemption | S Pres Signed | Linville | S | C |
| SHB 1805 | Increases homestead exemption to $125,000 | S Passed 3rd | Morrell | M | C |
| HB 2032 | Fruit and vegetable processing | S Passed 3rd | Takko | S | C |
| ESHB 2352 | Exempts certain custom farming and other activities from B&O | S Passed 3rd | Grant | S | C |
| EHJR 4204 | Simple majority to pass school levies, see SJR 8207 | S Passed 3rd | Schual-Berke | O | C |
| SSB 5207 | Studies new taxes to fund freight-related infrastructure projects | H Passed 3rd | Haugen | O | C |
| SSB 5463 | Changes forest fire protection assessment rates | Del to Gov | Jacobsen | M | C |
| SSB 5560 | Making technical corrections to tax laws | H Rules R | Schoesler | S | C |
| Bill | Description | Status | Sponsor | Position | Lobbyist |
| E2SHB 1303 | Providing incentives to enhance use of cleaner energy | S 2nd Reading | Dickerson | M | S |
| SHB 1646 | Allows WDFW to take fish samples on public lands or with permission/search warrant | S Passed 3rd | Blake | S | S |
| SHB 2107 | Settlement agreements | S 2nd Reading | Schual-Berke | M | S |
| ESSB 5372 | Creating the Puget Sound Partnership | H Passed 3rd | Rockefeller | M | S |
| SSB 5481 | Funding a study of water conservation/supplies for rural villages | Del to Gov | Oemig | M | S |
| ESB 5669 | Renewable fuel standards | H Passed 3rd | Holmquist | M | S |
| ESSB 6001 | Climate change | H Passed 3rd | Pridemore | M | S |
| E2SSB 6117 | Encouraging use of reclaimed water | H Passed 3rd | Fraser | M | S |
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
To subscribe or unsubscribe to LegisLetter by e-mail, contact Scott Dilley at sdilley@wsfb.com.