Weekly Legislative Update
March 5, 2010

Thursday night, the Washington House of Representatives passed a tax increase on Washington residents that has nothing to do with back-filling the state’s huge budget gap. On a largely party-line vote, the Democratic majority was successful in passing the so-called wrongful death bill. 2ESSB 6508 contains a mechanism to reimburse local governments for the increased costs associated with the expanded liability. The special funding mechanism, dubbed the Government Liability Reimbursement Account, is to be funded by an additional $5 penalty on traffic infractions and a $10 filing fee on Superior Court filings. In addition, the bill provides for a $5 million transfer from state coffers into the reimbursement account. These funds come from money state agencies have already paid into the account to cover the agency's losses. In other words, robbing Peter to pay Paul.

House Republicans offered a slew of amendment to blunt the impact of 2ESSB 6508, all of which were rejected largely on party lines. Rep. Charlie Ross (R-Yakima) offered an amendment to eliminate joint and several liability for government entities but it, too, was defeated. The bill now goes back to the Senate for further consideration. The bill must be reconciled by March 11 in order to be sent to the Governor’s desk. Now is the time to contact your senator and urge him/her to oppose 2ESSB 6508.

For more information on this costly, unnecessary bill, see the opinion editorial on the LRC’s Web site.

The vote count is as follows:

Yeas: 58 Nays: 40 Absent: 0 Excused: 0

Voting Yea: Representatives Appleton, Blake, Carlyle, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Ericks, Finn, Flannigan, Goodman, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jacks, Kagi, Kelley, Kenney, Kessler, Kirby, Liias, Linville, Maxwell, McCoy, Miloscia, Moeller, Morrell, Morris, Nelson, Ormsby, Orwall, Pedersen, Pettigrew, Probst, Quall, Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, White, Williams, and Mr. Speaker Voting Nay: Representatives Alexander, Anderson, Angel, Armstrong, Bailey, Campbell, Chandler, Condotta, Crouse, Dammeier, DeBolt, Driscoll, Ericksen, Fagan, Haler, Herrera, Hinkle, Hope, Johnson, Klippert, Kretz, Kristiansen, McCune, Nealey, O'Brien, Orcutt, Parker, Pearson, Priest, Roach, Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, Walsh, Warnick, and Wood

Litigation costs going up

But only for defendants

Earlier this week, the House of Representatives passed ESB 6764, which increases the amount of interest a defendant pays while an award is on appeal, from two points above the T-bill to two points of above the prime rate. It’s an odd change to make in state law, given that only a few years ago, in an overwhelmingly bipartisan vote, the House lowered the interest rate to two points above the T-bill. To add insult to injury, trial lawyers were successful in including a provision that requires defendants to pay the interest even if it is the plaintiff making the appeal. Good for trial lawyers, bad for everyone else.

The vote count is as follows:

Yeas: 60 Nays: 37 Absent: 0 Excused: 1

Voting Yea: Representatives Anderson, Appleton, Bailey, Blake, Carlyle, Chase, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Ericks, Finn, Flannigan, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jacks, Kagi, Kenney, Kessler, Kirby, Liias, Linville, Maxwell, McCoy, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Orwall, Pedersen, Pettigrew, Probst, Quall, Roberts, Rolfes, Santos, Seaquist, Sells, Simpson, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, White, Williams, Wood, and Mr. Speaker Voting Nay: Representatives Alexander, Angel, Armstrong, Campbell, Chandler, Condotta, Crouse, Dammeier, DeBolt, Driscoll, Ericksen, Fagan, Goodman, Haler, Herrera, Hinkle, Hope, Johnson, Kelley, Klippert, Kretz, Kristiansen, McCune, Nealey, Orcutt, Parker, Pearson, Priest, Roach, Rodne, Ross, Schmick, Shea, Short, Smith, Taylor, Walsh, and Warnick Absent: Excused: Representative Clibborn