LEGISLATIVE REPORT 2021 State Labor Council, AFL-CIO From the 2021 session of the Washington State Legislature Much accomplished, much to do enue, housing, environmental protection, Remote, but remarkable as well as a suite of measures to help people with the health and economic im- Worker Protection Act, transportation left undone By JOE KENDO pacts of the COVID-19 pandemic. Washington’s labor community er Protection Act to empower workers The 2021 legislative session was This year, lawmakers prioritized leg- came in to the 2021 session with a to better enforce labor laws, and failed always going to be one for the history islation that advanced racial equity. Of slimmer agenda than in previous years to pass a transportation revenue pack- books. Lawmaking remotely via Zoom particular emphasis was policing reform given the logistical challenges posed age to build the infrastructure neces- during a global pan- SESSION addressing use-of-force standards, tactics by remote legislating and the need to sary to sustain our economy and put demic was already OVERVIEW and accountability. Legislators also took drill down on COVID-adjacent policy. people to work. enough to attract his- action to improve equity infrastructure in Although much was accomplished The Worker Protection Act, HB torians’ attention, but that novelty will our schools and colleges, and even in our during the 105-day session, there were 1076 sponsored by Rep. surely be overshadowed by the sheer labor laws, finally extending the protec- also missed opportunities, including (D-Bainbridge Island), would allow number of marquee pieces of legislation tions of overtime pay to farm workers two key policies from the WSLC’s workers to seek justice in court if their that lawmakers passed this year. Signifi- after the Supreme Court ordered it so for 2021 Workers’ Recovery Agenda. The employer violates existing wage, work cant bills were approved to address labor workers in dairies. Legislature failed to approve the Work- See UNDONE on Page 7 rights and benefits, policing reform, rev- See OVERVIEW on Page 7 Historic end This feels like of racist legacy a sea change In 1978, Californians approved one Farmworkers win OT pay of the most consequential ballot measures A major legislative victory this year in U.S. history, Proposition 13. It slashed for farm workers in Washington drew at- and limited property taxes and began a tention and praise from as far away as the “tax revolt” that spread across the nation. White House. President Joe Biden con- Ronald Reagan was gratulated Gov. and our State soon elected presi- Legislature on the passage of SB 5172. It dent and he also cut will establish the 40-hour work week and taxes, mostly for the grant overtime pay rights to all Washing- rich, and promised ton farm workers, who have suffered un- the wealth would der a Jim Crow-era exclusion from the “trickle down.” Fair Labor Standards Act of 1938. In the 40-plus “Agricultural workers in Washing- years since Prop. 13, ton and across the country have helped disinvestment in pub- PRESIDENT’S carry our nation through this pandemic lic services has con- COLUMN —working long hours, often at great tinued. The wealthy Larry Brown personal risk, to meet the needs of their elite have used their communities and keep America healthy media outlets to convince Americans that and well-nourished,” Biden said. “These government is their enemy. Corporations overtime protections will ensure that and the rich now pay a small fraction of agricultural workers in Washington are what they used to pay in taxes, creat- paid for all of the vital work they do.” ing wealth inequality not seen since the Passage of SB 5172 assuring over- Gilded Age. And a straight line can be drawn from underfunded public services time pay rights for all Washington farm Gov. Jay Inslee signs SB 5172 at the UFCW 1439 hall in Yakima. Standing are to some of our society’s most pressing See OVERTIME on Page 2 (from left) Sens. Karen Keiser, , Rebecca Saldaña, and . problems: unaffordable health care, hous- ing and child care; dilapidated schools and transportation systems; and as we’ve Lawmakers take steps to rebalance tax code learned amid this horrible pandemic, in- Washington is known around the nation for its beautiful and sufficient public health systems. varied landscapes, its quality workforce, its union density and Maybe that’s why 2021 feels like a cutting-edge public policy. These elements make our state one sea change. In both Washingtons, there of the best places in the country to live and work. But unfortu- is a renewed focus on building back bet- nately, our revenue system is so wildly out of balance that we’re ter, both in terms of our post-pandemic also well known for having the most regressive tax code in the economy and the essential government country. In Washington, the lowest earners pay far more out of services that support working families. pocket for public services than the wealthiest—including some This year, our State Legislature took of the richest people in the world. significant steps to rebalance our upside- After nearly a decade of work, the labor movement can cel- down tax system. Passage of the capital ebrate the achievement of one important step toward tax fairness: gains tax and the Working Families Tax the adoption of SB 5096, an excise tax on extraordinary profits Rebate are a great start to restoring some from the sales capital assets like stocks and bonds. fairness to our tax system. Our tax code is heavily reliant on consumer spending, mainly Some long-standing injustices were through the sales tax, so people who spend most of their earnings addressed head-on, such as granting

See REVENUE on Page 8 See PRESIDENT’S COLUMN on Page 2

Learn more at wslc.org or in the State Government section at theSTAND.org Prioritizing workers—now and in the future The COVID-19 pandemic—and the initial failed 1297) and establishing an unemployment relief fund housing and safe neighborhoods are public health federal government response—put working people for undocumented immigrants. issues, that our economic prosperity depends on in a precarious position. Entering the 2021 legisla- We added our power and voice to community- working people, and that we have the power to cre- tive session, we knew fighting for our priorities driven legislation that matters to working people. We ate a safety net in Washington that benefits all of us. would be an unprecedented challenge, worked with labor allies to bring support But we know how power works. The push to get navigating the first virtual session and en- to community partners’ priorities, like the back to “business as usual” and revoke the gains suring policies that build power for work- slate of police reform and accountability we’ve made for working people this past year has ing people were not ignored. But Labor measures recently signed into law or “just already begun. Corporate CEOs and their political is built for challenging moments, and we cause” eviction legislation (HB 1236) that allies want to go back to devaluing working people drew from the lessons we’ve learned on will affirm tenant rights and help keep folks and attacking our power—until the next crisis, when strike lines, at the bargaining table, and in housed. our work will be deemed “essential” once again. our communities: build coalitions, develop These wins are made possible by coali- But we know that our labor, and working people, a strategy, and get it done. Secretary tion efforts to tackle our upside-down tax are always essential. Our strategy focused on the immedi- Treasurer’s Column structure—moving towards the wealthy We know what we need: heightened health and ate needs of working people to ensure we April Sims paying their fair share with a capital gains safety protections, economic support for working are made whole in pandemic response and tax (SB 5096), for example—and by sourc- people, regardless of status, and a focus on making recovery, like emergency labor standards for protect- ing and supporting legislative priorities from impacted our communities safe and affordable. These are ev- ing working people’s health on the job (SB 5115 communities. ergreen priorities that we are committed to enshrin- and 5190) and extending the eviction moratorium The hard-won successes of this session are game ing moving forward. The WSLC will fight to ensure (SB 5160). We worked with labor and community changers for working people. These wins will help that the protections and rights won for workers this partners to support economic justice legislation, like workers in this moment, and they’ll better prepare us past session are there to provide support now, and in finally funding a tax rebate for working families (HB for a future crisis. It’s clear that access to affordable the next crisis.

And for the first time in our - life times, we have a president who strongly PRESIDENT’S supports unions and labor law reform (the PRO Act) that will restore workers’ COLUMN freedom to join together and negotiate for Continued from Page 1 better wages and working conditions. Most media coverage focuses on overtime pay rights to agricultural work- Americans’ stark political differences. It ers and reforming policing to promote fans the flames of daily outrages from the accountability and discourage the un- worst attention-seeking politicians. But necessary use of force. A state operating this year’s legislative session tells a dif- budget was approved that makes signifi- ferent story. As you’ll read in this 2021 cant investments in child care, our com- Legislative Report, our state’s elected of- munity and technical colleges, and other ficials faced the unprecedented logistical essential public services. and policy challenges of a pandemic and Although there is still work to be made significant progress tackling some done to protect workers’ rights and to re- of our most pressing issues. pair and build Washington’s transporta- As the song goes, “there’s something tion infrastructure, the 2021 session felt happening here, what it is ain’t exactly like more than simply productive. It felt clear.” To me, it feels like a sea change. like a new day. Perhaps that’s because it It feels like an opportunity to set aside came on the heels of Joe Biden’s election cynicism and reflexive distrust of gov- as president. The timely passage of his ernment, and to realize we’re all in this American Rescue Plan brought desper- together. After COVID, we don’t have to ately needed economic relief for people settle for returning to “normal.” We can Farm workers and their advocates celebrate the governor’s signing of SB 5172 on and governments amid this pandemic. truly build back better for all of us. May 11 outside the UFCW 1439 hall in Yakima.

Patricia Aguilar—put their names to a class-action law- The WSLC Legislative Report is an annual publication of the suit challenging, among other things, the constitution- Washington State Labor Council, AFL-CIO OVERTIME ality of denying dairy workers these rights. And they Continued from Page 1 321 16th Ave S, , WA 98144 — 206-281-8901 were right, as the state Supreme 906 Columbia St SW, Olympia, WA 98501 — 360-943-0608 Court ruled in their favor in 2020. President: Larry Brown workers was a priority for the WSLC, the United Farm So this year, Sen. Curtis King Secretary Treasurer: April Sims Workers (UFW) and Familias Unidas por la Justicia (R-Yakima) introduced SB 5172 in Vice Presidents: (FUJ). SB 5172 establishes a three-year phase-in period an attempt to restrict a court’s ability Chuck Moe, LIUNA Kevin Allen, CBTU Tina Morrison, AFM for the new requirement. Beginning in January 2022, to award back wages in such claims. Michael Andrew, PAW Shannon Myers, IAM overtime will be due after 55 hours of work in a week; Due to pressure exerted by FUJ, Jo Blake, CLUW Daniel Peters, IFPTE in January 2023, after 48 hours; and in January 2024, UFW and the labor community, and Jackie Boschok, ARA Anne Tan Piazza, WSNA Ted Cummings, USW Gabriel Prawl, APRI after 40 hours. Dairy workers, unlike other agricultural shrewd negotiation skills by Sens. Saldaña Ligaya Domingo, APALA Mark Riker, SMWIA workers, will immediately be due overtime pay after 40 Karen Keiser (D-Des Moines) and Rebecca Saldaña (D- Debbie Gath, IBT Rigo Rivas, LIUNA Nicole Grant, IBEW Connie Rodriguez, LCLAA hours, in keeping with the Supreme Court’s decision in Seattle), a bipartisan Senate majority passed SB 5172 to Bob Guenther, IBEW Patty Rose, IBEW Martinez-Cuevas v. DeRuyter Brothers Dairy. extend overtime protections to all farm workers—not Jon Holden, IAM John Scearcy, IBT “SB 5172 will end a racist legacy and correct an just those in dairies—while providing employers with a Jane Hopkins, SEIU Steven Segall, AFSCME Shaunie James, WA YELL Michele Stelovich, WFSE injustice that has existed for too long,” said WSLC phased-in process and some liability protections. Leanne Kunze, AFSCME Karen Strickland, AFT President Larry Brown. “Washington’s labor movement In the House, efforts were made to let employers Vance Lelli, AFM Eric Thrift, LIUNA Marcos Martinez, Jim Tieken, AFSCME thanks Governor Inslee, all the legislators who voted to deny overtime pay during the harvest season, but a rock- Worker Centers Janie White, WEA approve this bill, and the hundreds of supporters who ribbed defense of the bill by Reps. Administrative Staff: contacted their legislators urging them to do so.” (D-Everett) and Lillian Cherika Carter .... Political & Strategic Campaigns Director In 1938, Congress passed the FLSA, which estab- Ortiz-Self (D-Mukilteo) kept the Ingrid Chapman ...... Organizer lished the and other protections for Emmanuel Flores ...... Workforce Development Director bill intact. Washington will now be Jessica Gallardo ...... Project HELP Director workers. But the Roosevelt administration struck a the first state in the nation to deliver Paul Giering ...... Accounting Manager Faustian bargain with Southern Democratic segrega- D. Nolan Groves ...... Communications Director equitable overtime protections for Dulce Gutiérrez .. Union, Community & Naturalization Organizer tionists to exclude agricultural and domestic workers, all agricultural workers. (It will be Sybill Hyppolite ...... Legislative Director denying a primarily Black workforce these protections. Joe Kendo ...... Government Affairs Director fully implemented in 2024, beating Chelsea Mason-Placek ... Workforce Development Director In 1959, when establishing its own wage and over- California’s phase-in by one year.) Ortiz-Self Rachel McAloon ...... Workforce Development Director time standards, Washington’s Legislature adopted the Kasi Perreira ...... Racial & Gender Justice Director Overtime protections are fundamentally health Kairie Pierce ...... Lead Workforce Development Director same blueprint, denying farm workers—the vast major- and safety policies. Excessive work hours, particularly Laurel Poplack ...... 2021 Legislative Intern ity of whom are now Latinx—decent wages and work Sarah Tucker ...... Digital Organizer in physically demanding jobs, lead to fatigue and fa- hour protections. Slowly, over the ensuing decades, Support Staff: Emmanuel Carrillo Robert New tigue leads to injuries, illness and even death. Exposure Willa Kamakahi Kathy Petruzzelli farm workers in Washington won minimum wage and to heat, pesticides and repetitive motion erodes farm Karen White rest break equity, but overtime remained out of reach. workers’ health and wellbeing. Overtime protections www.wslc.org — www.thestand.org Out of reach, that is, until two heroic workers at the incentivize employers to balance employees’ work ob- DeRuyter Brothers Dairy—Jose Martinez-Cuevas and PAGE ligations and to better compensate them for that risk. 2 WSLC 2021 LEGISLATIVE REPORT Our state needs health system transparency By SYBILL HYPPOLITE ey on health care, but where is our money we need it. Additionally, the bill requires non- Health care is increasingly corporate- going? During the COVID-19 pandemic, HB 1272, the health systems trans- profit health systems justify their tax-ex- driven and consolidated, with more and we saw our largest health systems mak- parency bill sponsored by Rep. Nicole empt status by providing more detail on more hospitals and clinics being orga- ing questionable choices with their re- Macri (D-Seattle), will provide more their community-benefits activities: who nized into large health systems – such as sources, such as reserving vaccines for information on how is being served and how. To begin to ad- Providence, CHI Franciscan and Multi- wealthy donors while elders struggled healthcare dollars dress equity, the bill also requires health Care. Fewer companies running more to get access and furloughing healthcare are spent in our state. systems to collect information on patient of the places we seek care means that workers during a health emergency. We That way, healthcare demographics. healthcare prices increase while the qual- know healthcare systems are not pro- purchasers, including HB 1272 passed the House 58-40, ity of care decreases. All the while, in- viding the care we need. But, we don’t Taft-Hartley health was approved by the Senate 27-21, and equities in care persist for Black, brown understand enough to make the changes plans, self-insured was signed into law by Gov. Jay Inslee. and Indigenous patients; and employers that support us. employers and state Ultimately, better understanding of our try to suppress workers’ voice on the job. That’s why health systems transpar- plans for public em- Macri state’s health systems will help Washing- These trends are harmful for patients, ency is needed. This is a necessary step ployees and Apple Health enrollees, ton direct money in the ways that benefit workers and our communities. toward the health care we want: afford- can control healthcare costs and provide us as patients, workers and community Collectively, we spend a lot of mon- able, high-quality care for all of us when high-value care. members. Worker safety, Community, technical colleges get investment in equity, faculty health is prioritized In 2020, union delegates to the on what those students have identified as WSLC Convention approved a resolu- core needs: wraparound services, robust The pandemic exposed gaps in our worker safety net, particularly for tion to support progressive sources of financial aid, and in- healthcare, grocery, agriculture, transit, restaurant, corrections and other new state revenue and to use that money creasing full-time frontline workers who could not work remotely. These workers’ COVID- to prioritize investments in public educa- faculty positions. SB 19 exposure is extremely hard to mitigate given the sheer volume of public tion that address the legacy of racist poli- 5194 calls for the interactions their jobs require. If they get sick, it’s nearly impossible to prove it cies that disadvantage students of color. state to invest in 200 was a result of a specific occupational exposure. Plus, they may face retaliation Washington’s community and tech- new full-time tenure from employers for reporting infections and safety lapses. nical colleges (CTC) are the key to sup- track faculty posi- Fortunately, Sens. Karen Keiser (D-Des Moines) and (R-Cheney) porting an increasingly skills-demanding tions in the next bi- and Rep. Mike Sells (D-Everett) delivered a slate of pandemic-oriented workforce and for addressing the eco- Liias ennium, which will protections for essential workers. nomic gap for low-income and Black, enable colleges to better recruit and re- Keiser’s SB 5115, the Health Emergency Labor Indigenous and people of color (BIPOC) tain a diverse faculty. Standards Act (HELSA), establishes worker protections communities. Approximately 45 percent “Students learn best from faculty during any health emergency, not just COVID, to ensure of CTC students are BIPOC students, that look like them, and currently our workers’ compensation presumption in the event frontline but the vast majority of faculty (70 per- faculty is around 80 percent white peo- workers get infected and cannot work. Unless contrary cent) are adjunct and too few of them are ple, whereas the student body is nearly evidence is provided, Labor and Industries would presume BIPOC. 50 percent people of color,” said AFT the condition was a result of their work and approve the SB 5194 is the “Our Colleges, Our Washington President Karen Strickland. claim, pay time-loss benefits and cover medical costs. Keiser Future Act” sponsored by Sen. Marko “We want to develop the next generation HELSA also requires employers to report infection outbreaks, requires the Liias (D-Everett). A major priority for of faculty, especially BIPOC faculty. We disclosure of infections to other workers on the job, and AFT Washington and the Communi- can’t do that if we are engaged in a race protects workers who are at a high risk for severe reactions ties for Our Colleges Coalition, it pro- to the bottom and relying more and more or death due to the health emergency to ensure that they are vides a holistic approach to addressing on gig workers in colleges.” not discharged or discriminated against. racial equity and economic justice in SB 5194 passed the Senate on a 30- Given the critical role of nurses and healthcare our state’s CTCs. SB 5194 provides for 19 vote, passed the House 60-38, and employees amid a pandemic, the Legislature gave them crucial investments in diversity, equity, was signed into law by Gov. Jay Inslee some special consideration by approving Holy’s SB and inclusion for CTC students, based on May 12. 5190. It creates a workers’ compensation presumption for Holy healthcare workers and expands unemployment insurance eligibility for them when they can’t work due to a COVID exposure. Sells carried HB 1097, which protects workers from retaliation by Overwhelmed UI system gets upgrades authorizing L&I to impose a civil penalty against employers who retaliate If there was a single notion that near- should help people whose claims get stuck against workers for filing a health-and-safety complaint; extends the number ly all legislators and stakeholders agreed due to complications like ID verification as of days a worker has to file a complaint from 30 days to upon this session, it was that our unem- a result of another’s fraud in their name. 90 days after a violation occurs; and offers small business ployment insurance system utterly col- SB 5061, a significant piece of em- grants for employers who need assistance with safety lapsed in the Spring of 2020, and was only ployer-oriented UI policy by Sen. Karen equipment necessary to comply with L&I orders. able to crawl toward a recovery. People Keiser (D-Des Moines), adjusted the UI Unfortunately, not every worthy health-and-safety bill experienced extremely long waiting times, premium structure to keep employers’ rates was passed. Sen. Derek Stanford’s (D-Bothell) SB 5102 overlapping programs with differing eligi- from spiking. It also contained an increase would have advanced reforms started in 2020 for workers bility standards, clogged phone lines, and in the minimum UI benefit from 15 to 20 subjected to intrusive Independent Medical Examinations Sells an adjudication limbo that caused serious percent of the state’s average weekly wage, in the workers’ compensation system. The Senate labor harm. Despite having a committed and a $70 per week improvement. committee heard compelling testimony, including from IBEW 984 member dedicated staff, the Security SB 5425 (Sen. Derek Stanford) and Mario Diaz who spoke to his experience with perfunctory IMEs, and the Department simply could not keep up with its companion HB 1492 (Rep. Mike Sells) 8-hour round trip it required. SB 5102 passed the Senate Labor, Commerce & the demand under their staffing model. ensure that claimants get federal extended Tribal Affairs Committee, but failed to advance from Ways and Means. While there were no silver bullets to benefits without misaligned state laws get- fix ESD’s problems, many of labor’s stron- ting in the way. To promote job-search flex- gest allies in the Legislature secured im- ibility when in-person activities are unsafe, Safety protections for temp workers provements that should accelerate claims HB 1493 (Sells) and SB 5427 (Sen. Curtis Temporary workers are twice as likely to be injured on the job as their per- processing and avoid similar problems in King) will allow remote actions through manently employed peers. That disparity is even greater in higher risk industries the future. Advocates from the Operating 2023. HB 1455 (Rep. ) such as manufacturing and construction. HB 1206, sponsored by Rep. Engineers, Teamsters, addressed the unnecessary sharing of So- (D-Seattle), extends the same safety protections and training UNITE HERE and cial Security numbers with third parties. offered to permanent workers to temporary workers in con- SEIU stepped up to Unfortunately, not every piece of good struction and manufacturing. It passed the House 67-30, the ensure claimants’ per- UI policy was adopted. HB 1474 (Rep. Senate 38-11, and was signed by Gov. Jay Inslee. spectives were heard. Frank Chopp), would have imposed pen- HB 1206 requires increased communication between SB 5193 sponsored alties on employers that knowingly and staffing agencies and worksite employers that will close safe- by Sen. Steve Conway repeatedly refuse to submit wage data to ty and training gaps for temporary workers. Staffing agencies (D-Tacoma) and HB ESD, which can cause significant delays in will be required to inquire about specific hazards at a given 1487 from Rep. Dan Conway benefit payments. SB 5064 (Sen. Rebecca worksite and provide safety training to their temporary work- Berry Bronoske (D-Lakewood) will help ESD Saldaña) and HB 1486 (Rep. Liz Berry) to ers. Worksites will be required to document and inform staffing agencies of the maintain and train a pool of qualified emer- improve benefits access for care- P anticipated job hazards; review the training staffing agencies provide; and pro- gency adjudicators within ESD and other givers also failed to advance. A G vide site specific training for their worksites to temporary employees. agencies when claim surges occur. This E WSLC 2021 LEGISLATIVE REPORT 3 Washington State Labor Council, AFL-CIO — 2021 LEGISLATIVE VOTING RECORD

SB 5355 (Conway)—Establishing HB 1272 (Macri)—Improving SB 5044 (Das)—Adds equity, di- SENATE 5 wage liens. Right vote: YES (Passed 10transparency at hospitals and 15versity, inclusion and anti-racism 25-24, Mar. 9) health-care facilities. Right vote: YES to schools’ cultural competency standards SB 5284 (Randall)—Eliminating (Passed 27-21, Apr. 10) and training. Right vote: YES (Passed 29- 1 subminimum wage for persons with HB 1206 (Berry)—Establishing safe- 19, Apr. 20) disabilities. Right vote: YES (Passed 42- 6 ty-and-health standards for tempo- SB 5115 (Keiser)—Creates an 7, Feb. 18) rary workers. Right vote: YES (Passed 11 occupational disease presump- SB 5097 (Robinson)—Expands 38-11, Mar. 29) tion during a public health emergency 16definition of a family member SB 5021 (Hunt)—Protects public for frontline employees. Right vote: YES for paid family and medical leave. Right 2 pensions from benefit cuts due to hour EHB 1090 (Ortiz-Self)—Prohibiting (Passed 32-16, Apr. 14) vote: YES (Passed 29-19, Apr. 20) reductions/furloughs amid the pandemic. 7 private detention facilities. Right Right vote: YES (Passed 29-20, Feb. 23) vote: YES (Passed 28-21, Mar. 30) SB 5172 (King)—Providing over- SB 5141 (Saldaña)—The HEAL 12time pay rights for farmworkers. 17Act enacting the recommendations SB 5267 (Saldaña)—Requiring li- HB 1097 (Sells)—Protects workers Right vote: YES (Passed 42-6, Apr. 15) of the environmental justice task force. 3 censing for electrical work associ- 8 who identify safety concerns from em- Right vote: YES (Passed 27-22, Apr. 20) ated with flipping property. Right vote: ployer retaliation or intimidation. Right SB 5190 (Holy)—Providing YES (Passed 29-19, Feb. 25) vote: YES (Passed 30-19, Apr. 6) 13health care workers with pre- SB 5051 (Pedersen)—Providing sumptive benefits during a public health 18state oversight and accountability SB 5133 (Conway)—Grants employ- HB 1073 (Berry)—Grants paid fam- emergency. Right vote: YES (Passed 37- of police and corrections officers. Right 4 ees who assist the assistant attorneys 9 ily and medical leave to certain work- 12, Apr. 19) vote: YES (Passed 27-22, Apr. 21) general of the Torts Division collective ers currently denied it due to insufficient bargaining rights. Right vote: YES hours worked. Right vote: YES (Passed HB 1028 (Bergquist)—Revising SB 5096 (Robinson)—Establishing (Passed 34-15, Mar. 2) 29-20, Apr. 7) 14residency teacher certification 19a state tax on extraordinary capi- requirements. Right vote: YES (Passed 32- tal gains. Right vote: YES (Passed 25-24, 17, Apr. 20) Apr. 25)

n HB 1474—UNEMPLOYMENT SPONSOR: Rep. Jim Walsh (R-Aberdeen) SPONSOR: Sen. (R-Ritz- The good, bad INSURANCE—Strengthening penalty CO-SPONSORS: Rep. Young ville) CO-SPONSORS: Sens. Honeyford, and audit tools for employer violations n HB 1215—SCHOOL VOUCH- King, Padden, Short, Warnick in unemployment insurance. ERS — Establishing a “K-12 education and ugly bill SPONSOR: Rep. Frank Chopp (D-Seattle) scholarship” (voucher) program that si- TheThe CO-SPONSORS: Reps. Ortiz-Self, Ryu, phons scarce funding from students in Wylie, Santos, Fitzgibbon, Berry, Sim- public schools and gives those resources sponsorships mons, Sells, Lovick, Goodman, Ormsby, to unaccountable private schools. UGLYUGLY Valdez, Berg, Harris-Talley, Lekanoff, Lots of bills that would have serious SPONSOR: Rep. (R-Van- Stonier, Macri, Peterson, Bronoske, Pollet n benefits or consequences for working couver) CO-SPONSORS: Reps. Young, HB 1245—REPEALING ESTATE families never get a full House or Senate n SB 5102—I.M.E. REFORM— McCaslin, Sutherland, Walsh, Graham, TAX—Making the state’s tax code even McEntire, Chase vote. But you can tell who supports the Reforming regulations for Independent more regressive by repealing the estate good, bad and ugly bills by checking the Medical Examinations in workers’ com- n SB 5247—NURSE LICEN- tax, which only applies to individuals list of sponsors and committee votes: pensation to avoid repetitive IMEs and SURE— Creating a multi-state nurse li- with assets over $2.2 million. unnecessary delays in receiving benefits. censing compact that lacks transparency SPONSOR: Sen. (R-Kalama) SPONSOR: Sen. Derek Stanford (D-Both- and makes it easier for hospitals to im- CO-SPONSORS: Sens. Dent, Sutherland, TheThe ell) CO-SPONSORS: Sens. Conway, Das, port traveling nurses from other states to Barkis, Chase Keiser, Kuderer replace existing staff. n SB 5143—RESTRICTING VOT- GOODGOOD SPONSOR: Sen. (R-Spokane ING RIGHTS—Ending Washington’s The Valley) CO-SPONSORS: Sens. Rivers, vote-by-mail system, imposing new re- n HB 1285—FRUIT AND VEG- The Gildon, Muzzall, Wagoner, Warnick strictions on absentee voting, requiring ETABLE TAX BREAKS—Ending the n SB 5197—LIMITING UNEM- voter IDs, and creating other obstacles to B&O tax exemption for fruit and veg- BAD PLOYMENT INSURANCE—Limits voting. unemployment insurance premiums that etable companies that violate labor laws. SPONSOR: Sen. (R- n employers pay, which costs the system SPONSOR: Rep. (D-Spo- HB 1027—WAGE AND HIRING Bellingham) kane) CO-SPONSORS: Reps. FREEZE — Imposing a two-year wage resources and increases pressure to cut and hiring freeze upon Washington state benefits. CO-SPONSORS: Sens. Fortunato, Pad- Ortiz-Self, Santos, Rule, Pollet, den, Schoesler PAGE Harris-Talley government. 4 WSLC 2021 LEGISLATIVE REPORT Washington State Labor Council, AFL-CIO — 2021 LEGISLATIVE VOTING RECORD

with flipping property. Right vote: YES ty of police and corrections officers. Right to schools’ cultural competency standards HOUSE (Passed 61-36, Mar. 28) vote: YES (Passed 54-43, Apr. 7) and training. Right vote: YES (Passed 57- 40, Apr. 11) EHB 1090 (Ortiz-Self)—Prohibiting SB 5115 (Keiser)—Creates an occu- SB 5133 (Conway)—Grants em- 1 private detention facilities. Right 6 pational disease presumption during 11 ployees who assist the assistant HB 1073 (Berry)—Grants paid vote: YES (Passed 76-21, Feb. 23) a public health emergency for frontline attorneys general of the Torts Division col- 16family and medical leave to cer- employees. Right vote: YES (Passed 68- lective bargaining rights. Right vote: YES tain workers currently denied it due to HB 1206 (Berry)—Establishing safe- 30, Apr. 5) (Passed 64-34, Apr. 8) insufficient hours worked. Right vote: YES 2 ty-and-health standards for tempo- (Passed 56-42, Apr. 13) rary workers. Right vote: YES (Passed SB 5284 (Randall)—Eliminating SB 5190 (Holy)—Providing health 67-30, Feb. 23) 7 subminimum wage for persons with 12care workers with presumptive HB 1097 (Sells)—Protects workers disabilities. Right vote: YES (Passed 75- benefits during a public health emergency. 17who identify safety concerns from HB 1076 (Hansen)—Worker Pro- 23, Apr. 5) Right vote: YES (Passed 84-14, Apr. 8) employer retaliation or intimidation. 3 tection Act allowing whistleblowers Right vote: YES (Passed 53-45, Apr. 13) to seek justice in court for violations of SB 5097 (Robinson)—Expands defi- SB 5172 (King)—Providing over- workplace protections. Right vote: YES 8 nition of a family member for paid 13time pay rights for farmworkers. HB 1272 (Macri)—Improving (Passed 53-44, Mar. 5) family and medical leave. Right vote: Right vote: YES (Passed 91-7, Apr. 9) 18transparency at hospitals and YES (Passed 55-42, Apr. 6) health-care facilities. Right vote: YES SB 5021 (Hunt)—Protects public SB 5141 (Saldaña)—The HEAL (Passed 57-41, Apr. 13) 4 pensions from benefit cuts due to hour SB 5355 (Conway)—Establishing 14Act enacting the recommendations reductions/furloughs amid the pandemic. 9 wage liens. Right vote: YES (Passed of the environmental justice task force. SB 5096 (Robinson)—Establishing Right vote: YES (Passed 64-32, Mar. 24) 51-46, Apr. 6) Right vote: YES (Passed 56-41, Apr. 10) 19a state tax on extraordinary capi- tal gains. Right vote: YES (Passed 52-44, SB 5267 (Saldaña)—Requiring licens- SB 5051 (Pedersen)—Providing SB 5044 (Das)—Adds equity, di- Apr. 24) 5 ing for electrical work associated 10state oversight and accountabili- 15versity, inclusion and anti-racism

Visit the Legislative Advocacy page on the WSLC website for printable, shareable copies wslc.org of these Voting Records, plus those from previous years. PAGE WSLC 2021 LEGISLATIVE REPORT 5 Bargaining rights extended to more in the AG’s office law. Upon passage of this bill, the AAGs 5133 corrects this oversight, and now we can support these goals through legis- By DENNIS EAGLE organized their unit and now about 500 about 600 more workers in the AGO of- lation, and we should commit ourselves The Legislature adopted SB 5133, new state employees enjoy the benefits fice will soon be able to enjoy the ben- to building on our recent successes. sponsored by Sen. Steve Conway (D- of union membership. efits of union membership. Attorney General Bob Ferguson and Tacoma), to extend collective bargaining Following the victories of the AAGs, Research shows that greater union the Legislature have supported AGO rights to about 90 professional staff of the professional staff in the AGO moved density lifts wages and benefits for all staff every step of the way, and soon the the Torts Division in the Attorney Gen- to form their own bargaining unit. They workers, lessens income inequality, and entire agency will be represented. But eral’s Office (AGO). have organized themselves, been collect- creates pathways to the middle class for the real credit goes to the workers them- Two years ago, the Legislature ing membership cards, and have filed underrepresented workers. Creating op- selves who have organized themselves, granted collective bargaining rights to with PERC for recognition. portunities for more workers to join the collected cards, worked through appli- Assistant Attorneys General in the AGO. During the course of their efforts, labor movement is a critical priority for cable laws, and negotiated at the bar- The AAGs are “exempt” employees they discovered an arcane state law that policymakers and union members sup- gaining table. They are empowered and under state law, which previously pre- prohibited staff in the Torts Division porting greater economic and social jus- energized, and will be a great addition to cluded them from collective bargaining from joining their peers in this effort. SB tice. SB 5133 is the latest example of how the movement.

LEGISLATIVE BRIEFS Tenants win right to counsel, other protections ‘Wage liens’ help workers By LAUREL POPLACK of eviction, which is the leading cause of houseless- ness in the . The bill also established During the COVID-19 pandemic, researchers es- the tenants’ right to a payment plan and protection get what they’ve earned timated that up to 40 percent of renters would not be against eviction due to nonpayment of rent during the able to pay their rent once the statewide eviction ban Since 1854, in cases of wage theft, construction pandemic. This policy was built on years of ground- was lifted. workers in Washington have had the right to put a lien work from community organizations, organizers, and With these renters facing the on property on which they work. A lien provides notice Rep. (D-Seattle). loss of their housing, the Legis- that the property is part of a legal dispute, which dis- “It’s scary to stand up to landlords. They can lature approved SB 5160, which courages employers from hiding or transferring assets make us homeless,” said Tarra Villabila of the Bell- made Washington the first state in to avoid paying wages. Since 1879, farmworkers have ingham Tenants Union at a SB 5160 hearing. “Access the country to guarantee a state- had a similar right on crops they harvest. to legal aid would change this imbalance of power.” wide right to counsel for low- This year, Columbia Legal Services and organized After passing the Senate, SB 5160 was approved income tenants facing eviction. labor made a strong push to make this tool available to by the House with bipartisan support, and was signed Sponsored by Sen. Patty Ku- Kuderer all workers in Washington who have their wages un- into law by Gov. Jay Inslee on April 22. lawfully withheld. Since 2006, the state Department of derer (D-Bellevue), this pivotal tenant protection will Labor and Industries has cited employers for $33.5 mil- help keep people housed and decrease the likelihood Laurel Poplack was the WSLC’s Legislative Intern. lion in wages owed and collected another $25.5 million in pre-citation settlements, but $18.6 million—almost to shutdown closures denied PFMLI to far too many 45% of its cited wages—have gone uncollected. And workers this year when they needed it the most. GOOD LITTLE BILLS cases in the L&I system represent only a small fraction Two policy changes were approved to make of the wage theft actually occurring in the state. Not every bill the Legislature passes grabs PFMLI more equitably accessible: SB 5355, the Washington Wage Recovery Act spon- headlines, but a lot can be accomplished with these ■ HB 1073, sponsored by Rep. sored by Sen. Steve Conway (D-Tacoma), lets workers “good little bills” and 2021 had its share: Liz Berry (D-Seattle), allows work- who are owed wages put liens on certain property of ers impacted by COVID layoffs to ■ SB 5356 (Sen. Shelley Short) Public Works/ their employers and property they work on. This puts a qualify for PFMLI based on 2019 or Bidding—Fulfills the promise made by 2020’s im- new tool in the hands of workers in nearly all industries, early 2020 work. portant Bid Listing bill for public works by cor- including those most vulnerable to wage theft, like jani- recting a one-word omission to ensure that bids on ■ SB 5097, sponsored by Sen. torial, restaurants, retail, and landscape maintenance. (D-Everett), ex- public works projects are managed fairly. This bill is also important for equity because wage theft pands the definition of family to in- Berry ■ SB 5267 (Sen. Rebecca Saldaña) House Flip- disproportionately affects women, people of color and clude others with a close relationship who depend on an pers/Electrical—Requires that electrical work in immigrants, widening already serious economic gaps. employee for care, especially important for BIPOC and “flipped” houses be done by licensed electricians, Amid fierce opposition from corporate lobbying LGBTQ workers and their families. closing the home-owner loophole in certain limited groups, SB 5355 got a strong push from Conway, Sen. Both passed and were signed by Gov. Inslee. circumstances. Karen Keiser, and Reps. , and Mike Sells, and passed the Senate 25-24 and the ■ SB 5284 (Sen. ) Subminimum House 51-46, and was signed into law by Gov. Inslee. Inslee, Legislature step up for immigrants Wages/Disabilities—Ends the practice of employ- ers paying less than the state minimum wage to Immigrants are essential workers in Washington’s workers with disabilities. Tax break includes accountability on jobs biggest industries, including agriculture, construction

and health ​​care. COVID-19 disproportionately im- ■ HB 1455 (Rep. Gina Mosbrucker) SSNs L&I/ Machinists District 751 and the Snohomish and pacted their communities, both in terms of higher infec- ESD—Protects Social Security numbers from be- Island County Labor Council scored a win with the tion rates and loss of employment/income during the ing shared with certain third parties by Labor & passage of legislation they supported to expand a lo- pandemic. And while most immigrants (regardless of Industries and Employment Security. cal property tax exemption for building industrial and immigration status) pay local, state and federal taxes, manufacturing facilities. This tax break was originally ■ SB 5385 (Sen. Karen Keiser) Municipal Air- about 250,000 immigrants in Washington state did not created after the Oso mudslide to help the surrounding ports—Adjusts the definition of certain airports have access to any federal assistance, stimulus funds or communities rebuild and create family-wage jobs. for purposes of protecting important minimum unemployment benefits that other workers did. Rep. (D-Everett) sponsored HB 1386 wage standards established by neighboring cities. That’s why the WSLC joined the Washington Im- to expand this tax break, while also ■ HB 1022 (Rep. Drew MacEwen) Horse Rac- migrant Solidarity Network in urging Gov. Jay Inslee to raising the wage standard to qualify ing Commission—Gives the horse racing com- create an Immigrant Relief Fund. Last fall and winter, for the break from $18 up to $23 per mission temporary flexibility to use certain state the governor dedicated $62 million of the state’s federal hour. Importantly, Wicks included funds to sustain its work, a necessity given the loss pandemic assistance to create the fund, and distributed tax break accountability language of the agency’s revenue due to the pandemic. $1,000 per person (up to $3,000 per household) to resi- that requires employers that get this dents who are ineligible because of immigration status tax break to maintain those family- for federal stimulus funds or unemployment benefits. HB 1016, sponsored by Rep. Melanie Morgan (D- wage jobs or else they not only lose When the Legislature convened, it quickly allo- Parkland), makes Juneteenth an official state holiday in the tax break, they have to pay back- Wicks cated another $65 million to the fund, which was dis- Washington and June 19 a paid day off for state workers taxes. An editorial in The (Everett) tributed in April and May. They again stepped up in a starting in 2022. Herald backing the bill read: “Note to Wicks’ fellow big way by providing another $340 million in immigrant “I believe it’s another step towards declaring Wash- state lawmakers: The next time they consider a tax break relief funds in the 2021-23 biennial budget. That money ington state as an anti-racist state, which leads to recon- for Boeing, include Wicks on the negotiation team.” will go a long way to help immigrant communities survive ciliation, healing, and true inclusion,” Morgan said. the economic hardships of the pandemic. Gov. Inslee and Access to paid family leave improved the Democratic leaders who included this appropriation Racism in health care deserve our thanks. Along with unemployment insurance, Washington’s Racism and bias in health care have created real, Paid Family and Medical Leave Insurance program is lasting damage to human lives, to communities and to a critical feature of our social safety net for working Juneteenth is now a state holiday trust in the medical system. SB 5229, sponsored by Sen. families. Both were critical in helping keep people’s Juneteenth, celebrated on June 19, is an important Emily Randall (D-Bremerton), ensures that all licensed heads above water during the pandemic shutdown of day for Black Americans. Also known as Emancipation healthcare workers will receive health equity continu- our economy—but only when people were able to get Day and Freedom Day, it marks the day in 1865 when ing education. It will provide knowledge and skills for P their claims processed. Restrictive definitions Union soldiers arrived in Galveston, Texas, to inform equity within their scopes of practice and challenge sys- A of a family member, and lost work hours due G the enslaved Black folks there that they were free. temic racism and other forms of discrimination. 6E WSLC 2021 LEGISLATIVE REPORT Major climate action, but Inslee vetoes draw ire In addition to urgent pandemic-relat- and electric vehicle incentives. ed legislation, the 2021 Legislature also A win for environmental justice state agencies on how to incorporate en- In both bills, a third of the funds set out to address the mounting threat of vironmental justice principles to reduce must benefit communities disproportion- climate change. The WSLC’s affiliated The Legislature passed and the health disparities when implementing ately burdened by climate change and unions have repeatedly passed resolu- governor signed into law SB 5141, policies and pro- fossil fuel pollution—overwhelmingly tions in support of climate action. the Healthy Environment for All Act grams. Environmen- communities of color and tribal nations. Two climate policies of particular (HEAL Act). This legislation addresses tal justice is the fair As approved by the Legislature, significance were the Climate Commit- the disproportionate exposure to envi- treatment and mean- both policies were to take effect after the ment Act, SB 5216 sponsored by Sen. ronmental hazards suffered by Black, ingful involvement passage of a transportation package that (D-Seattle), and the Indigenous, and people of color, along of all people regard- included a 5-cent gas tax increase. Call- Clean Fuel Standard, HB 1091 by Rep. with low-income communities across less of race, color, ing it a “grand bargain,” legislative lead- (D-Burien). With their Washington, putting them at higher risk national origin, or ers said that linkage was needed to se- passage and past policies enacted, Wash- of adverse health outcomes. Saldaña income with respect cure enough votes for passage. Although ington now has one of the nation’s most The HEAL Act, sponsored by Sen. to the development, implementation and a transportation package did not pass by ambitious suite of policies to tackle cli- Rebecca Saldaña (D-Seattle), directs enforcement of environmental laws. the session’s end, most anticipated a spe- mate pollution. The coalitions that sup- cial session later this year to do so. ported these policies were expansive, in- state’s greenhouse gas emissions, cover- and wildfire reduction, and more. Invest- However, in signing the CFS and cluding equity and environmental justice ing emissions from natural gas, electric- ments funded under CCA are restricted to CCA, Inslee vetoed the sections mak- voices, a number of unions, energy busi- ity, transportation, industry, and more. projects that meet high labor standards. ing them contingent on passage of the nesses, utilities, and others. The bill extends protections to emissions The Clean Fuel Standard (CFS) will gas-tax increase, saying the provision But it did not happen without con- intensive and trade exposed industries require reductions in the carbon inten- “unnecessarily hinders our state’s abil- troversy. Selective vetoes by Gov. Jay like aluminum, aviation, and pulp and sity of transportation fuels by 20 percent ity to combat climate change.” He also Inslee have angered legislative leaders of paper through at least 2035. by 2038. It will reduce greenhouse gas vetoed guarantees of tribal consultation both parties, and advocates for passage The CCA will invest a minimum emissions in oil refining and extraction and protections in the CCA. Legislative of a robust transportaton package. of $7 billion by 2037 (and more after), and promote alternatives like biofuels, leaders of both parties consider the selec- The Climate Commitment Act with $5.2 billion dedicated to transpor- electricity, hydrogen and renewable nat- tive vetoes to be illegal and are suing to (CCA) adopts economy-wide carbon tation projects that reduce carbon, and ural gas. Utilities will invest nearly $1.5 have them overturned. In the meantime, pricing. It imposes a firm and declining the balance dedicated to carbon reduc- billion in alternative fuel deployment by all say they remain committed to passage cap on approximately 80 percent of the tion in other sectors, forest management 2030, including electrification projects of a transportation revenue package.

1076) will be a major step in the right direction for bridge across the Columbia River, the US-2 trestle, the workers at my place of work and for others who work West Seattle bridge, and more. There are also legal UNDONE and moral obligations to tribal nations to address fish Continued from Page 1 in the agricultural industry.” The WSLC will continue to take up HB 1076 with passage concerns by repairing and replacing culverts. This session, the House Democrats’ Miles Ahead safety and discrimination laws. It passed the House senators who wouldn’t support the bill this year. package, led by Rep. Jake Fey (D-Tacoma), was a $22 of Representatives 53-44 and the Senate Committee “The Worker Protection Act will continue to be one of our top legislative priorities until it is signed billion proposal with around $7 billion dedicated to on Labor, Commerce & Tribal Affairs. But it failed to decarbonization, including transit and electrification, clear the Senate Ways and Means into law,” said WSLC President Larry Brown. “Work- ers must be given an opportunity to seek justice and and the balance to culverts and road projects. The Committee despite a broad swath Senate Democrats’ Forward Washington package, led of labor and community organiza- fairness in court. This has worked elsewhere to protect workers and improve employer compliance, and one by Sen. Steve Hobbs (D-Lake Stevens), proposed an tions supporting its passage. $18 billion suite with a somewhat greater emphasis on day, it will work here in Washington.” HB 1076 would have allowed roads and lower gas-tax levels. Both proposals includ- workers in Washington to blow the ed funding for the aforementioned marquee projects. whistle in court if their employers But neither of these proposals saw a full vote on the violate wage, work safety and dis- A failure to fund transportation needs Hansen floor of their chambers. crimination laws but state agencies Another major disappointment in an otherwise The Legislature did pass an $11 billion biennial are unable or have declined to investigate. Withheld productive session was the Legislature’s failure to transportation budget, supplemented by $1 billion wages, dangerous workplaces, and racial and gender adopt a transportation investment package. Substan- worth of federal aid, with $400 million dedicated to discrimination—although illegal under current law— tial underfunding of transit and road maintenance meeting this biennium’s culvert obligation and the are real problems that are hurting workers in Washing- predates the COVID-19 recession, but the revenue balance to a variety of transportation backfills. But ton, particularly Black and Indigenous folks and peo- hits that transportation has experienced over the past that won’t cover existing preservation needs, much ple of color. Legislators heard compelling testimony year—more severe than the other budgets Washington less major projects and other mounting obligations. from workers on why HB 1076 is needed. enacts biennially—make investment urgent. Wide support from labor, environmental, and “I have personally experienced working condi- A new report found that the state would need to business stakeholders proved insufficient to dislodge tions that do not comply with labor laws,” said Agus- spend $14.8 billion over the coming decade just to an investment package this session, but the need is tin Lopez, who works in a Yakima Valley fruit-packing maintain in “minimally acceptable condition” the only increasing. Legislators say they’re still working warehouse. “It is very sad but many of my coworkers roads, ferries and bridges faster than they crumble. on a solution this interim. Gov. Jay Inslee’s contro- are too fearful to make formal complaints. They do That’s twice the current spending on preservation. versial vetoes (see story above) must not be used as not want to lose their job and income. ... I think (HB But we also must fund marquee projects like the I-5 excuses to avoid making this investment this year.

bargaining rights were secured for an $6.3 billion capital construction budget portation investment package. With sig- OVERVIEW additional group of workers at the At- to expand broadband access across the nificantly reduced gas tax and toll col- Continued from Page 1 torney General’s Office who sought the state, grow affordable housing, invest in lections, the long-term viability of much right to organize a union. It marks the state parks, and put people to work con- needed transportation infrastructure is Health and safety improvements fourth straight year that bargaining rights structing buildings on our university and at risk. While the biennial transporta- were also elevated this session as it be- have been expanded for public workers community college campuses and for our tion budget was buoyed by $1 billion in came clear that existing protections in Washington. Plus, hospitals and other K-12 schools. federal aid, significant investments are failed to meet the needs of those unable elements of our healthcare system were These investments were possible in necessary to meet project commitments to work remotely. A robust set of health required to provide more transparency large part due to a sharp fiscal recovery as from previous years, to invest in transit emergency labor standards were adopted for how they spend money. our economy began to restart after near- options, and to replace and maintain core for frontline workers to better secure the Important advancements toward ly a year of closed businesses and sup- elements of our transportation infrastruc- promise of workers’ compensation ben- a more equitable society were also pressed consumer spending. But credit is ture like the I-5 bridge over the Colum- efits, protect them from retaliation, and achieved. The HEAL Act was approved also due to a mindset more interested in bia River. to ensure that COVID outbreaks on the to provide a more robust framework for meeting the needs of people, than falling Finally, the failure of the Senate job are reported to the state Department environmental justice and to include into failed patterns of austerity and slash- to advance the Worker Protection Act, of Labor and Industries so proper safety the voices of communities of color in ing budgets. The passage of an excise tax which would allow workers and their ad- measures can be better established. policy decision making. And a litany of on extraordinary capital gains—the sales vocates to enforce certain labor laws, was Several bills also passed to improve bills geared toward holding our policing of stocks and bonds over $250,000 per deeply disappointing. Significant effort social insurance programs, including two agencies and officers more accountable year—coupled with the Working Fami- was made to address the stated concerns to improve access to our Paid Family and were also adopted, touching on police lies Tax Rebate, raised more money for of skeptics and opponents. But even so, Medical Leave Insurance program, and certification, use of force, tactics, peer schools, while also putting more cash the Senate Ways and Means Committee several that improved unemployment accountability, and data collection. back in the pockets of the Washington failed to advance it. The labor commu- insurance benefits—as well as access to The State Legislature approved a families who need it the most. nity will return to the 2022 Legislature those benefits for job-seekers stuck wait- $59 billion operating budget for 2021-23 However, despite all these advances, with this bill as a priority, and will spend ing for them. that was bolstered by $10 billion in fed- issues important to the labor commu- the interim laying the ground- PAGE But not every advancement was a eral assistance via the American Rescue nity were left on the table. Of particular work for its passage. function of the pandemic. Collective Plan Act. Lawmakers passed a historic concern was the failure to pass a trans- WSLC 2021 LEGISLATIVE REPORT 7 Labor backs multiple police reform bills

By JOE KENDO tice, was SB 5051, sponsored by Sen. Governor’s Office to investigate deadly use-of-force At the 2020 Convention of the Washington State (D-Seattle). This new law restructures the Criminal incidents involving law enforcement officers. Labor Council, AFL-CIO, delegates approved Reso- Justice Training Commission (CJTC) by including n HB 1310 (J. Johnson)—Establishes a statewide lution 18 in support of policing reform, and for good non-police commissioners on the standard for use of force by police reason. The resolution quotes WSLC Secretary Trea- commission itself who will now and correctional officers, restricts surer April Sims, who said: lead the agency responsible for use of force, and requires police to training and licensing most law exhaust deescalation tactics before “Policing in America is too often violence, enforcement officers. The bill fur- using force. disproportionately directed at Black communities. ther improves background check n SB 5066 (Sen. Manka Dhin- There are clear, systemic causes leading to the requirements for new police and gra) — Requires officers who see hyper-policing of Black bodies. We are not corrections officers, and expands other officers using or attempting experiencing mass psychosis affecting police the types of conduct for which an Pedersen to use excessive force to intervene Dhingra departments across the U.S. Rather, this police officer may be held accountable by the commission, and to report wrongdoing by fellow officers. Officers violence, primarily targeting Black Americans, including the loss of their certification. must also render aid to anyone injured by use of force is the system of policing operating as designed.” On May 18, Inslee also signed into law: at the earliest safe opportunity. It also prohibits retali- The resolution tasks the WSLC with supporting n HB 1054 (sponsored by Rep. Jesse Johnson, D- ation against officers for following this law. reforms to policing that make the system accountable Federal Way)—Prohibits the use n SB 5259 (Sen. T’wina to the communities it is supposed to serve, while also of chokeholds and neck restraints Nobles)—Provides for the cre- upholding core labor values like collective bargaining. by officers, restricts use of tear gas, ation of a use-of-force data collec- While the work is incomplete, the 2021 session was firing on moving vehicles and ve- tion system developed jointly by largely successful with several significant reforms that hicular pursuits, and prohibits the nonprofit and community groups, the WSLC supported being signed into law. use of warrants that do not require and law enforcement agencies. This work would not have been accomplished had officers to announce themselves n SB 5263 (Sen. ) it not been for the families of victims of police violence (known as “no-knock” warrants). —Concerning defenses in personal who led community organizations in the Coalition for It also requires law enforcement Johnson injury and wrongful death actions. Nobles Police Accountability. They challenged legislators, agencies to develop policies to ensure officers are rea- n SB 5353 (Rep. Steve Conway) —Creating a part- police departments, and the labor movement to face sonably identifiable as they perform their duties. nership model that facilitates community engagement the real harm many of our laws cause by perpetuating n HB 1088 (Rep. ) —Requires police with law enforcement. a system of policing that is racist, and is rarely held to disclose information about officers’ misconduct that While the 2021 police reform agenda was robust, accountable for any but the most egregious violations may affect their credibility as witnesses. it is far from complete. Many U.S. institutions were of people’s rights, particularly those of Black people. n HB 1089 (Rep. )—Requires the State built on racist foundations and our national reckon- Gov. Jay Inslee signed 12 bills to reform these sys- Auditor to review all investigations into use-of-force ing with that reality has lasted as long as the republic tems, addressing use of force and tactics, data tracking incidents to ensure rules and policies were followed. itself. Policing is a part of that legacy and it will take and records coordination, independent investigations n HB 1140 (J. Johnson)—Concerning juvenile ac- time to unravel it—time and vigilance. As these laws of excessive use of force, and a new system of police cess to attorneys when contacted by law enforcement. are implemented, and as the lived experience of peo- training, certification and decertification under are- n HB 1223 (Peterson)—Requires police to elec- ple subject to policing is revealed, we must reassess formed Criminal Justice Training Commission. tronically record custodial interrogations. them to meet the needs of the people of Washington, Perhaps the most significant bill, mainly by way n HB 1267 (Rep. )—Establishes the need to be protected and safe, and the need to se- of weaving them all together in a policy reform lat- the Office of Independent Investigation within the cure the rights of those who have had them denied. A $59 billion biennial budget Each odd-numbered year the Legis- ■ $233 million to discontinue state em- lature approves a biennial budget, which ployee furloughs. raises the revenue and directs the spend- ■ $261 million to fund the Working Fam- ing that serves the people of Washington. ilies Tax Rebate. This year, buoyed by billions in aid from ■ $172 million for temporary paid family the federal government, as well as addi- leave insurance eligibility expansion for tional revenue from such sources as the those short of qualifying work hours. new tax on extraordinary capital gains, ■ $50 million to support UW and WSU the operating budget was over $59 bil- medical schools. lion for the 2021-2023 fiscal biennium. ■ $10 million for CTC job skills programs. ■ $151 million for K-12 transportation. “It has been a roller coaster of a Rep. (D-Seattle) ensured ■ $15.8 million for Higher Education year for communities across the state. that the revenues collected from this new Guided Pathways program. This budget reflects the sacrifices so REVENUE resource will be directed to the Educa- n $16.1 million to make access to higher many have made and Continued from Page 1 tional Legacy Trust Account, which sup- ed more equitable. reinforces our val- ports K-12 schools and early learning ■ $127.7 million for ues. No matter your just to get by pay a greater percentage in initiatives. Importantly, it finally creates Behavioral Health background or how taxes. Wealthier people contribute a far, a revenue option that does not ask more provider rate increase. much you earn, we far lower percentage of their income. of working families ■ $125 million for will be there for you The lowest 20% of earners pay nearly and wage earners. Wildfire Prevention and help the hardest 18% of their incomes in state and local M e a n w h i l e , and Forest Health hit by this pandemic taxes, while the top legislators also ap- Further, Congress recover,” said House Ormsby Rolfes 1% pays 3% or less. proved funding for passed the American Appropriations Chair Timm Ormsby With the adop- the Working Families Rescue Act Plan in March 2021, allocat- (D-Spokane), who worked closely with tion of the capital Tax Rebate—more ing the following resources in either the Senate Ways and Means Chair Christine gains tax, the state than a dozen years current biennium, or the next: Rolfes (D-Bainbridge Is.) on the budget. ■ Coronavirus State Fiscal Recovery: now has a tool to after it was initially Thai These resources provide compensa- $4.253 billion to invest in infrastructure, strike a better bal- passed. Modeled after the federal Earned tion for public employees, health care replace lost revenue due to pandemic, and ance. SB 5096, spon- Income Tax Credit, the state program Robinson for those who cannot access it, K-12 ba- other pandemic related spending. sored by Sen. June will provide tax rebates of between $300 sic education and higher education pro- □ $1.0 billion to stabilize the transporta- Robinson (D-Everett), creates a 7% tax and $1,200 to some 420,000 households grams, workplace wage and safety en- tion budget. on more than $250,000 per year in profits starting in 2023. HB 1297, sponsored forcement, public safety, paid family and □ $400 million to the Capital budget. from the sale of cer- by Rep. My-Linh Thai (D-Newcastle), medical leave, public health, and a litany □ $2.04 billion to the Operating Budget tain capital assets— passed with near-unanimous support. of other public services. ■ Education Stabilization: $1.85 billion like stocks—while With these two bills, the Legislature Here is a sample of the programs for public school supports, and $655 mil- exempting the sale has moved the needle toward tax fair- funded by the Legislature this year: lion for institutions of higher education. of homes and other ness. It took nearly 10 years of hard work ■ Coronavirus Local Fiscal Recovery: ■ State Employee Collective Bargaining real estate, timber, by unions, progressive think tanks, faith $483 million for cities (plus $701 million Agreements ratified and fully funded. and small business- to larger cities from the federal govern- organizations, communities of color, and ■ $340 million in immigrant relief funds es. Forty three other ment) and $1.48 billion for counties. thoughtful legislators. Now Washington for those disqualified from UI benefits. states have Frame ■ Childcare Development: $244M is better poised to fund the services the ■ $70 million for UI customer service im- P similar taxes on the super people of our state want, while ensuring ■ Childcare Stabilization: $391 million A provements and fraud prevention. G wealthy. Amendments by that the wealthiest pay their fair share. ■ Housing & Utility Assistance: $404M. E ■ $658 million in rental assistance. 8 WSLC 2021 LEGISLATIVE REPORT opeiu8/afl-cio