FROM THE WASHINGTON STATE COUNCIL OF FIRE FIGHTERS

The Legislature has reached its second-to- last, self-imposed deadline for the session. As we have discussed in previous legislative updates, no bill is truly dead until they bang the gavel to end the session, Sine Die. Along with working on our priority legislation, your legislative team also testified on the following bills this week:

SB5882: Addresses any compensation forgone as a result of reduced work hours, leave without pay, temporary layoffs, or reduction in current pay during the 2011-13 fiscal biennium by a member of PERS, PSERS, or LEOFF. Passage of this measure will protect final average salary (FAS) for members near retirement should the local negotiate financial concessions to assist their employer in balancing their budget.

HB2023: Would require permanent total disability industrial insurance awards to be offset by any prior permanent partial disability awards for the claim or claims.

HB2025: Would freeze any industrial insurance cost-of-living adjustments for fiscal year 2012.

HB2026: Would create a rainy day account for accident fund and medical aid fund surpluses.

While we support the creation of a rainy day account, we have concerns with both the offset concept and COLA freeze. We don't support cuts to injured workers' benefits; but if the Legislature decides that they must do more cost savings in the program, these reductions are preferred to the 'compromise and release" concept.

The workers compensation issue is far from over. This is an issue we are sure to be working on until the final day of session. We would like to make a request of our members. If at any point for the remainder of session we send out a request for you to contact your legislators, please take time out of your day to make these calls and or e-mails. It is of great assistance when legislators hear from his or her own constituents.

Bills We Support: Bills Still Alive

HB1731: Optional Commissioner Districts for Regional Fire Authorities (RFA's): This bill passed out of the House on March
2 as Engrossed Substitute House Bill 1731. This bill was passed by the Senate Government Operations, Tribal Relations & Elections Committee on March 18 and is currently in the Senate Rules Committee.

HB1854: Clarifying the process for jurisdictions to annex into Regional Fire Authorities
(RFA's): This bill was passed out of the House with a vote of yeas 88; nays 9; absent 0; excused 1. This bill was passed out of the Senate Government Operations, Tribal Relations & Elections on March 24 and is currently in the Senate Rules Committee.

HB1454: Regarding testing for blood borne pathogens: Permits certain categories of workers who are at risk of exposure to human immunodeficiency virus (HIV) to request that a person be tested for blood borne pathogens at the same time HIV testing is ordered. Executive action was taken on this bill; it was passed out of committee on March
11 and has been referred to the Senate Rules Committee.

SB5882: Any compensation forgone as a result of reduced work hours, leave without pay, temporary layoffs, or reduction in current pay during the 2011-13 fiscal biennium by a member of PERS, PSERS, or LEOFF who is a local government employee may be included in the computation of the member's FAS for the purpose of calculating the member's retirement allowance, provided that the reduced compensation is certified by the member's employer to be an integral part of the employer's expenditure reduction efforts. A future salary increase that had been previously agreed upon but subsequently canceled, may not be included in a member's FAS. This bill had a hearing on March 24 in Senate Ways & Means.

Bill We Oppose - Bills Still Alive:

SB5566: Reforming workers' compensation through authorization of voluntary settlements, creation of a return to work subsidy program, and authorization of a study of occupational disease: This bill will allow Compromise & Release/ Settlements, which are not in injured workers' best interests. The system will save money due to injured workers' being paid less than they would otherwise be entitled to receive. Unrepresented workers risk giving up their right to medical treatment and wage replacement benefits simply because they won't know the full impact of their choice, or believe they have no choice. No action has been taken by the House, but they are facing a tremendous amount of pressure from employers to pass this bill. This pressure will continue until the end of session. This bill has not been heard in the assigned committee, but it is a priority of some legislators who want to ensure its passage. This bill could be brought to the floor at any point for the remainder of session. We are constantly monitoring the status of this bill.

HB1487: Providing additional claims management authority for retrospective rating
(RETRO) plan employers and groups: "Retro Employers" are self-insured employers or group of employers that meet specified requirements. Many of our employers are self-insured and belong to Retro groups. This measure gives authority of retro employers and groups more control over injured workers toschedule medical examinations and consultations, schedule vocational assessments and include the power to close claims so the employer will get a bigger refund. No action has been taken by the Senate, but this bill is also facing a lot of pressure from employers and business to pass. This pressure will not stop until the last day of the legislative session. This bill also has not been heard in the assigned committee. Bills We Are Monitoring

HB 1596/SB 5493: Allowing local governments to reduce general fund contributions to an ambulance utility: Both of these bills were amended with WSCFF suggested amendments and passed out of their committees. Both of these bills have been referred to Rules Committee.

HB2023: Would require permanent total disability industrial insurance awards to be offset by any prior permanent partial disability awards for the claim or claims.

HB2025: Would freeze any industrial insurance cost-of-living adjustments for fiscal year 2012.

HB2026: Would create a rainy day account accident fund and medical aid fund surpluses. Provides that if the director of L&I determines to increase rates for the accident fund or medical aid fund, the state Treasurer must first transfer the amount needed to the fund from this rainy day account. It would also provide that premium dividends may not be distributed, and average rates must not be reduced.

Bills Now Dead

Supported:

HB1444/SB5353: Surviving LEOFF Plan 2 spouses

HB1445/SB5354: Presumptive occupational disease law enforcement officers and firefighters

HB1476/SB5381: Simple Majority for EMS Levies

Opposed:

HB1377/5762: Significant changes to the Interest Arbitration