Legislative Report – 2019.

Final Legislative Summary – 2019

by Toby Nixon

We tracked 88 bills during the session. However, after the session completed we identified seven additional bills of interest (mostly due to late introduction or amendments) so the total number of bills in the report is now 95. Of those 95, 31 bills passed and were signed into law, which is by far the greatest number passed since we started tracking bills back in 2007.

As for changes since the previous report, of greatest interest is HB 1195. This bill makes many updates to campaign finance reporting law. You may recall at the last minute on the floor of the Senate the bill was amended to prohibit the Public Disclosure Commission from moving ahead with their plans to proactively post F-1 personal finance disclosure statements on their web site. The amendment was passed at least in part because of a story told by one senator about the kidnapping in Mexico of the spouse of an elected official based somehow on the content of that official’s F-1 report. That story turned out to be false in several ways. Governor Inslee vetoed that section of the bill, and the PDC has said it intends to move ahead with its plans to make it easier for citizens to access F-1 information (it will be on the web site rather than having to submit a public records request). While this did not address the primary reason WCOG opposed HB 1195, it was a better outcome than if this provision was not vetoed.

I would like to take this opportunity to thank Nancy Krier, the assistant attorney general for open government, for sharing with us her bill tracking information. We incorporated into this final report seven additional bills that she identified, six of which create new public records exemptions. Those bills are as follows:

  • SHB 1049 — Expands whistleblower protections, including exemptions from disclosure, to employees and other persons who initiate complaints about quality of care by health care providers or facilities.
  • E2SHB 1224 — Creates several new exemptions for data submitted to the Health Care Authority by pharmaceutical manufacturers and wholesalers regarding prescription drug prices. Exemptions for such confidential proprietary financial information of regulated companies is routine.
  • SHB 1356 — Expands an existing exemption regarding the personnel with whom communications with a peer support group counselor are considered privileged.
  • SHB 1360 — Expands an existing exemption; requires that driving record abstracts received by public agencies be treated with the same confidentiality as driving record abstracts received directly from DOL.
  • SHB 1545 — Requires the Secretary of State to make records of ballots with missing or mismatched signatures publicly available rather than those records having to be sought through a public records request (not a new exemption, but a requirement for proactive posting of records).
  • SHB 1909 — Expands protections for information contained in claim files for injured workers such that employers and employer representatives, including in the public sector, are subject to civil penalties for disclosing mental health conditions to unauthorized persons.
  • SB 6025 — Creates a new exemption for information about individuals who participated in the state bump-stock buyback program.

Including the bills listed above, of the 31 bills that passed, 22 create new exemptions or expand existing exemptions, in some cases multiple exemptions in a single bill. One bill narrows an existing exemption (applications for appointment to fill a vacancy in public office, which was a recommendation of the Sunshine Committee). One bill added an allowed purpose for an executive session under the Open Public Meetings Act.

Thank you all once again for your support of open government in Washington, including all the contacts made to legislators to support good bills and oppose bad ones. Even though the statistics above don’t feel very positive, the fact is that we killed many bills that would have been much worse, and we could not have done that without your involvement!

WCOG Bill Status Report June 3, 2019

This report shows bills in the Washington State Legislature tracked by Washington Coalition for Open Government during the 2019 legislative session because they have some impact on Washington’s open government laws. If you have any comments on the format or contents of this report, including the indicated WCOG positions or comments, please contact the Coalition president at president@washingtoncog.org.

Summary of Bills Tracked

High Priority Bills

Bill # Short Description Status Sponsor Position Dead
SHB 1195 (SB 5112) Concerning the efficient administration of campaign finance and public disclosure reporting and enforcement.  

C 428 L 19

 

Hudgins

 

Oppose

 

No

ESHB 1667

(SB 5667)

Concerning public records request administration. C 372 L 19 Springer Support No
 

ESHB 1692

Protecting information concerning agency employees who have filed a claim of harassment or stalking.  

C 373 L 19

 

Jinkins

 

Oppose

 

No

 Medium Priority Bills

Bill # Short Description Status Sponsor Position Dead
SHB 1049 (SB 5401) Concerning health care provider and health care facility whistleblower protections. C 62 L 19 Macri Neutral No
E2SHB 1224 Concerning prescription drug cost transparency. C 334 L 19 Robinson Neutral No
 

SHB 1239

Protecting the confidentiality of health care quality and peer review discussions to support effective patient safety.  

C 162 L 19

 

Cody

 

Concerns

 

No

SHB 1356 Concerning privileged communication with peer support group counselors. C 98 L 19 Lovick Neutral No
SHB 1360

(SB 5725)

Concerning abstracts of driving records. C 99 L 19 Irwin Neutral No
HB 1537 Concerning sunshine committee recommendations. C 229 L 19 Springer Support No
HB 1673 Exempting information relating to the regulation of explosives from public disclosure. C 125 L 19 Steele Concerns No
EHB 2020

(SB 5929)

Exempting the disclosure of names in employment investigation records. C 349 L 19 Dolan Oppose No
EHB 2067 Prohibiting the disclosure of certain individual vehicle and vessel owner information of those participating in the address confidentiality program. C 278 L 19 Davis Concerns No
SB 5107    (HB 1171) Addressing trust institutions. C 389 L 19 Das Neutral No
SSB 5135 (SHB 1194) Preventing toxic pollution that affects public health or the environment. C 292 L 19 Rolfes Concerns No
SSB 5166 Providing religious accommodations for postsecondary students. C 182 L 19 Hasegawa Neutral No
ESB 5439 (HB 1400) Concerning confidentiality of  employment security department records and data. C 81 L 19 Keiser Concerns No
SSB 5461 (SHB 1595) Concerning the sharing of information between participants in multidisciplinary coordination of child sexual abuse investigations.  

C 82 L 19

 

Cleveland

 

Concerns

 

No

 

2SSB 5511 (3SHB 1498)

Expanding affordable, resilient broadband service to enable economic development, public safety, health care, and education in Washington’s communities.  

C 365 L 19

 

Wellman

 

Concerns

 

No

ESSB 5526 (E2SHB 1523) Increasing the availability of quality, affordable health coverage in the individual market. C 364 L 19 Frockt Concerns No
SB 6025

(HB 2182)

Concerning bump-fire stock buy-back program records. C 239 L 19 Honeyford Neutral No

 Low Priority Bills 

Bill # Short Description Status Sponsor Position Dead
SHB 1295 Concerning public works contracting procedures. C 212 L 19 Tharinger Neutral No
SHB 1302

(SSB 5416)

Creating a self-exclusion program for persons with a gambling problem or gambling disorder. C 213 L 19 Kloba Neutral No
 

ESHB 1379

Concerning disclosure of contributions from political committees to other political committees.  

C 261 L 19

 

Pellicciotti

 

Support

 

No

HB 1385 (SB 5455) Exempting United States food and drug administration nonpublic information from disclosure under the state public disclosure act.  

C 337 L 19

 

Springer

 

Neutral

 

No

SHB 1399 (SSB 5449) Concerning paid family and medical leave. C 13 L 19 Robinson Neutral No
HB 1505 Concerning confidential information of child victims of sexual assault. C 300 L 19 Klippert Neutral No
SHB 1545 Concerning curing ballots to assure that votes are counted. C 167 L 19 Mead Support No
SHB 1909 (SSB 5844) Concerning the confidentiality of industrial insurance claim records. C 34 L 19 Graham Neutral No
ESSB 5027 Concerning extreme risk protection orders. C 246 L 19 Frockt Concerns No
ESSB 5332 (HB 1550) Concerning vital statistics. C 148 L 19 Pedersen Neutral No

 Monitoring Bills

Bill # Short Description Status Sponsor Position Dead
SHB 1071 (2SSB 5064) Protecting personal information. C 241 L 19 Kloba Neutral No

 Dead Bills

Bill # Short Description Status Sponsor Position Dead
HB 1108 (SB 5154) Making 2017-2019 biennium second supplemental operating appropriations. H Approps Ormsby Concerns Yes
HB 1171

(SB 5107)

Addressing trust institutions. H Rules R Walen Concerns Yes
SHB 1179 Concerning the revised uniform unclaimed property act. H Approps Tarleton Concerns Yes
SHB 1191 (SB 5554) Concerning school notifications. H Rules R Goodman Concerns Yes
SHB 1194 (SSB 5135) Preventing toxic pollution that affects public health or the environment. H Approps Doglio Concerns Yes
SHB 1389 (SB 5472) Concerning reporting requirements for common carriers who transport liquor into the state.  

H Approps

 

Morgan

 

Concerns

 

Yes

HB 1400 (ESB 5439) Concerning confidentiality of employment security department records and data. H Rules R Sells Concerns Yes
2SHB 1422

(SSB 5338)

Concerning the protection of vulnerable adults. Valdez Concerns Yes
 

3SHB 1498 (2SSB 5511)

Expanding affordable, resilient broadband service to enable economic development, public safety, health care, and education in Washington’s communities.  

H Rules 3C

 

Hudgins

 

Concerns

 

Yes

E2SHB 1523

(ESSB 5526)

Increasing the availability of quality, affordable health coverage in the individual market. H Rules 3C Cody Concerns Yes
SHB 1538 Concerning sunshine committee recommendations. H Rules R Springer Support Yes
HB 1550 (ESSB 5332) Concerning vital statistics. H HC/Wellness Jinkins Neutral Yes
HB 1562

(SB 5601)

Concerning health care benefit management. H HC/Wellness Stonier Concerns Yes
SHB 1592

(SSB 5704)

Establishing the Washington children’s educational savings account program. H Approps Kilduff Concerns Yes
SHB 1645 (2SSB 5533) Concerning certificates of parental improvement. H Approps Ortiz-Self Concerns Yes
SHB 1652 Concerning paint stewardship. C 344 L 19 Peterson Neutral Yes
HB 1693 Establishing a system for setting rates for health care services. H HC/Wellness Jinkins Concerns Yes
HB 1774 Concerning extreme risk protection orders. H Civil R & Judi Jinkins Concerns Yes
 

SHB 1782

Concerning public meetings of advisory groups established by local governments and other agencies.  

H Rules R

 

Pollet

 

Support

 

Yes

HB 1838 (SB 5750) Exempting certain licensed distillery information from public disclosure. H Rules 3C Walsh Neutral Yes
2SHB 1854

(2SSB 5376)

Protecting consumer data. H Rules R Kloba Concerns Yes
SHB 1871 (SB 5888) Concerning prison safety H Rules C Klippert Neutral Yes
HB 1882

(SB 5460)

Joining the nurse licensure compact. H HC/Wellness Ryu Concerns Yes
HB 1888 Protecting employee information from public disclosure. H State Govt & T Hudgins Oppose Yes
HB 1911 Concerning pharmacy benefit managers. H HC/Wellness Schmick Concerns Yes
SHB 1974 Establishing the Washington cannabis commission. H Approps Shewmake Neutral Yes
 

HB 1978

Providing assistance to victims of government actions originating as part of the implementation of the growth management act by the state or local governments.  

H Env & Energy

 

Maycumber

 

Neutral

 

Yes

 

HB 2014

Implementing recommendations from the work group on private degree-granting institutions and private vocational schools and providing other procedural protections.  

H Coll & Wkf Dev

 

Van Werven

 

Concerns

 

Yes

HB 2039

(SB 5926)

Concerning transportation network companies. H Trans Springer Concerns Yes
HB 2105 Concerning the definition of public records in regards to the legislature. H State Govt & T Pellicciotti Concerns Yes
HB 2115 Concerning the disclosure of public records by the legislative branch. H State Govt & T Walsh Oppose Yes
HB 2143 Implementing an emergency alert system. H Hous, Com

Dev

Mosbrucker Concerns Yes
HB 2182 (SB 6025) Concerning bump-fire stock buy-back program records. H Civil R & Judi Shea Neutral Yes
2SSB 5064

(SHB 1071)

Protecting personal information. S Rules X Nguyen Neutral Yes
SB 5112 (SHB 1195) Concerning the efficient administration of campaign finance and public disclosure reporting and enforcement. S State Govt/Tri  

Hunt

 

Oppose

 

Yes

SB 5154 (HB 1108) Making 2017-2019 biennium second supplemental operating appropriations. S Ways & Means Rolfes Concerns Yes
SSB 5182 Concerning juvenile record sealing. S Rules X Kuderer Concerns Yes
SB 5185 Requiring notification to parents or guardians in cases of abortion. S Law & Justice Padden Concerns Yes
 

SB 5221

Concerning disclosure of contributions from political committees to other political committees.  

S Rules 3

 

Palumbo

 

Support

 

Yes

SB 5246 Concerning sunshine committee recommendations. S State

Govt/Trib

Hunt Support Yes
2SSB 5292 Concerning prescription drug cost transparency. S Rules 3 Keiser Concerns Yes
SSB 5338 (2SHB 1422) Concerning the protection of vulnerable adults. S Rules 2 Darneille Concerns Yes
2SSB 5376

(2SHB 1854)

Protecting consumer data. S Rules 3 Carlyle Concerns Yes
SSB 5416 (SHB 1302) Creating a self-exclusion program for persons with a gambling problem or gambling disorder. S Rules X Conway Neutral Yes
SSB 5449 (SHB 1399) Concerning paid family and medical leave. S Rules X Keiser Neutral Yes
SB 5455 (HB 1385) Exempting United States food and drug administration nonpublic information from disclosure under the state public disclosure act. S State Govt/Tri  

Takko

 

Neutral

 

Yes

SB 5460 (HB 1882) Joining the nurse licensure compact. S Health & Long Cleveland Concerns Yes
SB 5472 (SHB 1389) Concerning reporting requirements for common carriers who transport liquor into the state. S Labor & Commer  

Saldana

 

Concerns

 

Yes

2SSB 5533 (SHB 1645) Concerning certificates of parental improvement. S Rules X Braun Concerns Yes
SB 5554 (SHB 1191) Concerning school notifications. S EL/K-12 Wilson Concerns Yes
SB 5601

(HB 1562)

Concerning health care benefit management. S Health &

Long

Rolfes Concerns Yes
SB 5656 Concerning public works contracting procedures. S Rules X Frockt Neutral Yes
SB 5667

(ESHB 1667)

Concerning public records request administration. S State

Govt/Tri

Becker Support Yes
SSB 5704 (SHB 1592) Establishing the Washington children’s educational savings account program. S Ways & Means Liias Concerns Yes
SB 5721 Concerning the regulation of abortion facilities. S Health &

Long

Fortunato Concerns Yes
SB 5750 (HB 1838) Exempting certain licensed distillery information from public disclosure. S State Govt/Tri Hunt Neutral Yes
SB 5784 Concerning records disclosure and retention obligations of the legislative branch. S State Govt/Tri Pedersen Oppose Yes
SB 5787 Concerning hours of availability for inspection and copying of public records. S Rules 3 Walsh Oppose Yes
SB 5835 Creating a hotline to receive reports of potential self-harm and criminal acts. S Law & Justice Brown Concerns Yes
SB 5840 Requiring maintenance of minimum essential health care coverage. S Health & Long Cleveland Concerns Yes
SB 5888

(SHB 1871)

Concerning prison safety. S Law & Justice Walsh Neutral Yes
SB 5926 (HB 2039) Concerning transportation network companies. S

Transportation

Hobbs Concerns Yes
SB 5929

(EHB 2020)

Exempting the disclosure of names in employment investigation records. S State

Govt/Tri

Keiser Concerns Yes
SB 5949 Establishing the Washington investment trust. S Financial Inst Hasegawa Concerns Yes