April 5, 2019 Legislative Update

Today is day 82 of the 105-day session. The next major legislative deadline is for non-budget bills that have passed one chamber, they must now pass the other chamber by April 17th to stay alive. Bills that pass the second chamber unamended head to the Governor for consideration; bills that get amended in the other chamber have to go back for concurrence or reconciliation.

Here are some updates, including related to Labor & Industries’ budget appropriations, on issues we are working:

  • Self-insurers’ “Dolph fix” bill. Substitute Senate Bill 5474, authorizing self-insurers to serve Department-issued closing orders in response to the Court of Appeals’ Dolph decision continues to move through the process. Having previously passed the Senate nearly unanimously and having been voted unanimously out of the House Labor Committee, it is now eligible for a floor vote in the House.  If the House vote is successful, that will send the bill to the Governor for signature.
  • Confidentiality of Mental Health Info/Claim File.  House Bill 1909 has now passed the Legislature and goes to the Governor’s office for signature. This bill will impose a $1,000 fine based on complaint if an employer allows mental health condition or treatment information in a workers’ comp claim file to be distributed to an unauthorized party.
  • Occupational Disease Presumptions. House Bill 1490, clearing the requirement for pre-employment screening for the Hanford workers’ occupational disease presumption, and House Bill 1913, expanding the conditions presumed to be occupational for police officers and fire fighters, have both slowed down a little bit but continue to move toward likely passage. Both are moving toward floor votes in the Senate, at which point they would go to the Governor for signature.
  • L&I’s Budget and Appropriations. The state’s biennial operating budget contains approximately $82 million for the first major phase of L&I’s 6-year, $300-million IT system replacement project. Self-insurers will get charged some percentage of this overall project as a load on employers’ administrative assessments. Along with other industry groups, we are working with the Legislature on ensuring independent oversight of the project, and we are working directly with the Department on the cost-allocation model to be used to determine the reimbursable SIE “fair share” of the project. The House and Senate budget proposals also contain $3.5 million in diversions from the State Fund to establish apprenticeship programs in IT and health care sectors, which is controversial because it amounts to a raid on the trust fund that is supposed to be used only for benefits and administration of workers’ comp. State business groups, including WSIA, are encouraging the Legislature not to divert the funds, and the Department to oppose the diversion.