Here are some of the key bills passed before this week’s cutoff date in the Legislature
Washington state lawmakers had until Wednesday to pass bills out of the opposite chamber from where they originated, marking one of the final cutoff dates before the end of the 2023 legislative session.
The last day of the Legislature this year is April 23, and lawmakers will spend the next few days of the session working to concur on bills with amendments added by the opposite chamber, as well as negotiating operating, capital and transportation budgets.
Senate lawmakers debated on House Bill 1626 as their final bill before the cutoff.
That legislation would require the Health Care Authority to provide coverage for non-invasive preventive colorectal cancer screening tests. Colonoscopies performed because of positive test results also would be covered.
The bill passed the Senate with a 39-9 vote, and if signed by Gov. Jay Inslee, would go into effect 90 days after the session adjourns.
House lawmakers, on the other hand, chose a much more controversial bill as their last piece of legislation to debate before the cutoff.
Senate Bill 5599 would clarify in statute that licensed shelters or homeless youth programs in the state would not be required to report runaway youth if a compelling reason exists, or if those youth are seeking gender-affirming or reproductive care.
Additionally, host homes would not have to have parental permission if a runaway youth is seeking gender-affirming or reproductive care.
The bill passed the House Wednesday by a 57-39 vote, and if signed by the governor, the bill would go into effect 90 days after the session adjourns.
Its passage angered opponents, who see it as an affront to parents’ rights. Rep. Jim Walsh, R-Aberdeen, issued the following statement:
“Since the vote on SB 5599, I’ve been contacted by thousands of concerned Washingtonians about this attack on parents’ rights and families,” Walsh said. “Sponsors and supporters of this bill have overstepped the constitution and case law in promoting this policy, which would allow state bureaucrats to hide minor children from custodial parents and legal guardians. This bill is wrong — legally, ethically and morally. ...
“This is not the first policy approved this session that turns the power and machinery of state government against families. Lawmakers promoting these changes put wedges between children and their parents, grandparents and the people who love them.”
Here are some of the other bills passed by the opposite chambers this week:
Blake decision/drug possession
Senate Bill 5536: The Washington state House passed a bill late Tuesday to address the Washington state Supreme Court’s Blake ruling that the state’s felony drug possession law was unconstitutional. The amended bill passed the House with a bipartisan 54-41 vote.
Under the version of the bill the House approved, drug possession would still be a misdemeanor but it would not mandate pre-arrest referrals to treatment. Instead, those charged only with possession are given access to a pretrial diversion program.
In the diversion program, an assessment would be carried out and if an individual is found to have a substance abuse disorder, they would be referred to treatment. Community service would be required instead if the individual is found to not need substance abuse treatment services.
Possession convictions can be automatically vacated under SB 5536 if an individual goes two years without any other charges, convictions or arrests.
The bill will now head back to the Senate for a vote on the amended version.
Police pursuits
Senate Bill 5352: A bill to lower the threshold for when law enforcement officers can pursue suspects passed the Washington state House chamber with some conflicting votes in the early morning hours Tuesday.
Under the proposed bill, officers are allowed to engage in vehicular pursuits only when there is reasonable suspicion in instances such as: violent offenses, sexual offenses, vehicular assault, domestic violence assault, escapees and driving under the influence.
The bill still provides too much restriction for some Republicans.
“The failed policies we have passed to handcuff our law enforcement have resulted in the rise of crime across our state. The public demanded a true fix to those laws, and it is our job to listen to them,” said Rep. Michelle Caldier, R-Gig Harbor. “This bill was political window dressing and a slap in the face to the people we represent.”
The proposed measure passed the House chamber with a 57-40 vote, and will have to go back to the Senate for concurrence. If signed into law, the bill would go into effect immediately due to an emergency clause.
Reproductive access
House Bill 1469: A shield law to protect those from out of state who seek reproductive and gender-affirming health care in Washington was adopted by Senate lawmakers Monday with a 29-20 vote.
The proposed legislation is an attempt to prevent other states from interfering with their residents who choose to seek reproductive or gender-affirming care in Washington. Washington courts and law enforcement agencies would be restricted from complying with warrants, subpoenas, extradition or other court orders from other states pertaining to those seeking reproductive or gender-affirming care here.
Rep. Drew Hansen, D-Bainbridge Island, is the bill’s prime sponsor and he said in a press statement that Washington lawmakers knew they would have to get creative after the Supreme Court’s decision to overturn Roe v. Wade in June 2022.
“We are committed to using every tool we have available to protect people in Washington from the reach of anti-abortion laws in Texas and elsewhere,” Hansen said.
The bill will now head for Gov. Jay Inslee’s desk and if signed would go into effect immediately.
Housing
House Bill 1110: In a bipartisan effort to increase middle housing in the state, lawmakers voted to pass legislation that would allow duplexes, triplexes and fourplexes on lots that have been zoned for single-family housing in certain Washington cities.
The legislation was sponsored by Democratic Rep. Jessica Bateman and Republican Rep. Andrew Barkis, both from Olympia. It was co-sponsored by several other House Democrats and Republicans.
“Everyone needs a home,” said Bateman in a Twitter post after the bill’s passage. “HB 1110 helps us create a better future for the people of WA by making it easier and more cost effective to build housing of all shapes and sizes.”
The bill passed the Senate with a 35-14 vote, and the House will need to review amendments before it can be sent to the governor for a signature.
Mandatory reporting
Senate Bill 5280: Under this legislation, clergy members in the state would be designated as mandatory reporters, and they would be required to report child abuse or neglect except when such information is given during a confession.
The bill also lays out definitions of clergy, and says that “clergy-penitent privilege does not limit a member of the clergy’s duty to report child abuse or neglect when the member of the clergy is acting in some other capacity that would otherwise require them to make a report.”
The bill passed the House with a 75-20 vote on Tuesday, after first clearing the Senate unanimously. The legislation will head back to the Senate for concurrence.
Siting a new airport
House Bill 1791: Washington’s airport debate has been paused for now. HB 1791, a bill introduced by Rep. Jake Fey, D-Tacoma, essentially restarts the process of choosing a site for a new international airport.
HB 1791 means that the Commercial Aviation Coordinating Commission (CACC), which was established by the Legislature in 2019, will be replaced by a 19-member Commercial Aviation Coordinating Work Group that will be charged with identifying the strengths and weaknesses of potential sites, not make a specific site recommendation.
The new group will include four representatives of commercial service airports and ports (two of which must be based in eastern Washington), two representatives from the airlines industry or businesses dependent upon air service, one representative from a statewide business association, and seven citizens, with at least two representing eastern Washington and two from western Washington.
The Senate passed the bill with a vote of 31-17 on April 12 and it now heads back to the House for concurrence.
