WASHINGTON STATE LEGISLATURE
Legislative Digest No. 31

FIFTY-NINTH LEGISLATURE
Wednesday, February 22, 200645th Day - 2006 Regular Session

SENATE
HOUSE
HB 1488-S2HB 2349-S2HB 2668-SHB 3079-SHB 3278HB 3310HB 3313
HB 3314

This publication includes digest and history for bills, joint memorials, joint resolutions, concurrent resolutions, initiatives, and substitutes. Engrossed measures may be republished if the amendment makes a substantive change.

Electronic versions of Legislative Digests are available at http://apps.leg.wa.gov/billinfo/digests.aspx?year=2006.


House Bills

HB 1488-S2

by House Committee on Appropriations (originally sponsored by Representatives Hunter, Priest, Dickerson, Tom, Upthegrove, Jarrett, Springer, McCoy, B. Sullivan, Conway, Simpson, Flannigan, McIntire, Moeller, Chase, Williams, Kenney, Sells, Murray, Fromhold, Pettigrew, Darneille, Lantz, Clibborn, Kagi, Hasegawa, Morrell, McDermott, Hunt, Blake, Campbell, Cody, Hudgins, Ericks, O'Brien, and Nixon)


Prohibiting the sale of products that contain polybrominated diphenyl ethers.


(AS OF HOUSE 2ND READING 2/14/06)


Provides that after January 1, 2007, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state noncomestible products containing more than one percent of pentabromodiphenylether or octabromodiphenylether.

Provides that a manufacturer or user of safety systems required by the federal aviation administration may apply for an exemption for a specific use of penta-bde or octa-bde by filing a written petition with the department. The exemption may be granted for a term not to exceed eighteen months and may be renewed upon written application if the department finds that the specific use of penta-bde or octa-bde continues to meet the criteria of this act and the manufacturer or other persons comply with the conditions of its original approval. The department may grant an exemption for a specified use of penta-bde or octa-bde with or without conditions upon finding that the petitioner has demonstrated that: (1) A technically feasible alternative to the use of penta-bde or octa-bde is not available at reasonable cost; or

(2) The potential harm to public health and the environment directly posed by a technically feasible and available alternative is greater than the potential harm posed by penta-bde or octa-bde.

Requires that, on or about December 15, 2007, the department and the department of health shall submit to the appropriate committees of the legislature a report that reviews and updates the available scientific research on deca-bde, including relevant risk assessments and relevant findings and rulings by the United States environmental protection agency and the European commission, to address the following issues: (1) The use of deca-bde in products sold in the state;

(2) What human health effects could result from exposure to deca-bde, and are current levels of exposure at levels that could produce these effects;

(3) Any data available on the human body burden or environmental occurrence of deca-bde;

(4) Whether deca-bde breaks down into other chemicals that could pose public health concerns;

(5) The availability of safer, technically feasible alternatives for deca-bde.

Directs the department to develop a program to assist retailers in identifying potential products containing penta-bde and octa-bde in their inventory.

Declares that a manufacturer of products containing penta-bde and octa-bde in violation of this act is punishable by a civil penalty not to exceed one thousand dollars for each violation in the case of a first offense. Manufacturers who are repeat violators are liable for a civil penalty not to exceed five thousand dollars for each repeat offense. Penalties collected under this act must be deposited in the state toxics control account created in RCW 70.105D.070.
-- 2005 REGULAR SESSION --
Mar 5APP - Majority; 2nd substitute bill be substituted, do pass.
Minority; do not pass.
Mar 7Passed to Rules Committee for second reading.
-- 2006 REGULAR SESSION --
Jan 9By resolution, reintroduced and retained in present status.
Feb 9Placed on second reading by Rules Committee.
Feb 142nd substitute bill substituted.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 97; nays, 0; absent, 0; excused, 1.
-- IN THE SENATE --
Feb 16First reading, referred to Water, Energy & Environment.

HB 2349-S2

by House Committee on Appropriations (originally sponsored by Representatives Morris, Hudgins, Chase, Murray, Darneille, Dickerson, B. Sullivan, and Sells)


Providing new renewable energy standards.


(AS OF HOUSE 2ND READING 2/13/06)


Provides that the state agency with the largest electricity load in its service territory must, at the request of the generator to the agency in writing, purchase all available anaerobic digester power from their local utility to the extent that it does not exceed the agency's local annual electricity consumption. State agencies shall pay for anaerobic digester power at a rate no less than the retail price of a qualified alternative energy product that their local utility charges its customers under RCW 19.29A.090.

Provides that state agencies are not required to purchase all available anaerobic digester power from their local utility if their utility is exempt from offering a qualified alternative energy product.

Provides that, to the extent that a utility purchases power from an anaerobic digestion power producer in its service territory, the utility must pay the anaerobic digestion power producer for electricity produced at a rate no less than the retail price the utility charges its customers for a qualified alternative energy product under RCW 19.29A.090 minus administrative costs.
-- 2006 REGULAR SESSION --
Feb 4APP - Majority; 2nd substitute bill be substituted, do pass.
Minority; do not pass.
Feb 7Passed to Rules Committee for second reading.
Feb 8Placed on second reading.
Feb 132nd substitute bill substituted.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 61; nays, 36; absent, 0; excused, 1.
-- IN THE SENATE --
Feb 15First reading, referred to Water, Energy & Environment.

HB 2668-S

by House Committee on Commerce & Labor (originally sponsored by Representatives Hudgins, Lovick, Crouse, Upthegrove, B. Sullivan, and Sump)


Modifying provisions regulating certain professional athletic events.


(AS OF HOUSE 2ND READING 2/14/06)


Revises provisions regulating certain professional athletic events.
-- 2006 REGULAR SESSION --
Feb 1CL - Majority; 1st substitute bill be substituted, do pass.
Feb 3Passed to Rules Committee for second reading.
Feb 13Placed on second reading.
Feb 141st substitute bill substituted.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 96; nays, 1; absent, 0; excused, 1.
-- IN THE SENATE --
Feb 16First reading, referred to Labor, Commerce, Research & Development.

HB 3079-S

by House Committee on Appropriations (originally sponsored by Representatives Conway, Cody, Sells, Dickerson, Morrell, Simpson, Schual-Berke, Hasegawa, Chase, and Santos)


Reporting on the employment status of recipients of medicaid and the basic health plan.


(AS OF HOUSE 2ND READING 2/14/06)


Directs the health care authority, in coordination with the department of social and health services, to prepare a report on basic health plan enrollees under chapter 70.47 RCW who are employed by any employer with thirty or more employees who are either basic health plan enrollees or medical assistance recipients.

Requires the report to be structured so as to identify seasonal variations that may impact the composite information in the report.

Requires the report to include recommendations from the department of social and health services for strategies to reduce state costs associated with providing medical assistance coverage to individuals who are employed on a full-time and year-round basis. The report shall be prepared in consultation with the health care authority and other interested organizations. The following principles shall guide development of the recommendations: (1) Employers who have the financial ability to contribute to the cost of health care coverage for their employees should provide such coverage; and

(2) Reduction of state costs should not come at the expense of depriving low-wage employees of health care coverage.

Provides that the report must be delivered electronically to appropriate committees of the senate and house of representatives annually, commencing no later than November 15, 2006.

Directs the department of social and health services, in coordination with the health care authority, to prepare a report on recipients of medical assistance under chapter 74.09 RCW who are employed by any employer with thirty or more employees who are either basic health plan enrollees or medical assistance recipients.

Provides that the report must be structured so as to identify seasonal variations that may impact the composite information in the report.

Requires the report to include recommendations from the department of social and health services for strategies to reduce state costs associated with providing medical assistance coverage to individuals who are employed on a full-time and year-round basis.

Provides that the report must be delivered electronically to appropriate committees of the senate and house of representatives annually, commencing no later than November 15, 2006.

Provides that the act shall be null and void if appropriations are not approved.
-- 2006 REGULAR SESSION --
Feb 4APP - Majority; 1st substitute bill be substituted, do pass.
Feb 7Passed to Rules Committee for second reading.
Feb 10Placed on second reading.
Feb 141st substitute bill substituted.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 94; nays, 3; absent, 0; excused, 1.
-- IN THE SENATE --
Feb 16First reading, referred to Health & Long-Term Care.

HB 3278

by Representatives Conway and Dickerson


Making adjustments to the unemployment insurance system. (REVISED FOR ENGROSSED: Extending the deadline for the report by the joint legislative task force on unemployment insurance benefit equity.)


(AS OF HOUSE 2ND READING 2/14/06)


Recognizes that the joint legislative task force on unemployment insurance benefit equity has undertaken a comprehensive review of the unemployment insurance system, but has not yet reached agreement on its findings and recommendations. The legislature therefore intends to extend the deadline by which the task force must report to the legislature.

Requires the task force to report its findings and recommendations to the legislature by March 1, 2006.
-- 2006 REGULAR SESSION --
Jan 31First reading, referred to Commerce & Labor.
Feb 2CL - Executive action taken by committee.
CL - Majority; do pass.
Minority; do not pass.
Feb 3Passed to Rules Committee for second reading.
Feb 11Placed on second reading.
Feb 14Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 94; nays, 3; absent, 0; excused, 1.
-- IN THE SENATE --
Feb 16First reading, referred to Labor, Commerce, Research & Development.

HB 3310

by Representatives Bailey, Linville, Kessler, Morrell, Clibborn, and Morris


Reviewing existing health care coverage statutory requirements.


(AS OF HOUSE 2ND READING 2/14/06)


Finds and declares that there has been an ongoing controversy over the costs and benefits of existing health care coverage statutory requirements and their effect on health care insurance costs. It is for this reason that an unbiased, independent actuarial study of existing health care coverage statutory requirements needs to be conducted.

Declares that it is not the intent of the legislature to take any actions in relation to the findings of the study until they can be reviewed and analyzed by the legislature, in consultation with the office of the insurance commissioner, health care providers, health carriers, and health care purchasers.

Directs the office of the insurance commissioner to contract for an actuarial review and analysis of existing health care coverage statutory requirements. The office of the insurance commissioner shall: (1)(a) Contract with a qualified independent and impartial entity that has not taken a public position in the past on the merits or consequences of the adoption of health care coverage statutory requirements; and

(b) Conduct the analysis in two phases:

(i) The first phase of the analysis shall review statutes that mandate that health carriers provide benefits for certain conditions or services, and that require health carriers to offer certain services as an option for individuals or groups purchasing a health benefit plan. For each mandate or requirement, the analysis must address:

(A) The cost of including the mandate or requirement in health benefit plans, and the impact that covering the mandate or requirement has on the utilization of other health services, expressed as a net premium cost or savings per member per month;

(B) A review of available evidence related to the clinical and cost-effectiveness of the mandate or requirement; and

(C) An assessment of whether market demand has already resulted in inclusion of the mandate or requirement in a significant number of health benefit plans in states that do not have such a mandate or requirement; and

(ii) The second phase of the analysis must analyze a sample of at least ten health conditions or chronic illnesses that are prevalent among residents of Washington state. For each health condition or chronic illness, the analysis must include an assessment of the comparative cost and treatment outcomes of treatment provided by health care providers for whom primary treatment of the condition or illness is within their scope of practice.

(2) Submit an interim report on the first phase of the analysis to the governor and appropriate committees of the legislature by December 1, 2006, and a final report by December 1, 2007. The report may include recommendations related to additional issues that should be addressed in the second phase of the analysis.

(3) Submit an interim report on the second phase of the analysis to the governor and appropriate committees of the legislature by December 1, 2007, and a final report by December 1, 2008.
-- 2006 REGULAR SESSION --
Feb 10Held on first reading.
Feb 14Read first time, rules suspended, and placed on second reading calendar.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 95; nays, 2; absent, 0; excused, 1.
-- IN THE SENATE --
Feb 16First reading, referred to Health & Long-Term Care.

HB 3313

by Representatives Wallace, Morrell, and McDonald


Providing a business and occupation tax deduction for reimbursements for immunizing agents.


Provides a business and occupation tax deduction for reimbursements for immunizing agents.
-- 2006 REGULAR SESSION --
Feb 21First reading, referred to Finance.

HB 3314

by Representative Dunshee


Authorizing the issuance of general obligation bonds.


Provides that, for the purpose of providing funds for state correctional facilities, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of seventy-four million four hundred thousand dollars, or as much thereof as may be required, to finance the projects and all costs incidental thereto. Bonds authorized in this section may be sold at such price as the state finance committee shall determine. No bonds authorized in this section may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds.
-- 2006 REGULAR SESSION --
Feb 21First reading, referred to Capital Budget.