Looking ahead:
2017 Interim
Sentry Page Protection
NWGA Lobby Team:
Amanda Dalton
Legislative Director & Oregon Lobbyist
Amanda@daltonadvocacy.com
Shawn Miller
Oregon Lobbyist
Shawn@MillerPublicAffairs.com
Holly Chisa
Washington Lobbyist
hollychisa@hpcadvocacy.com
Melinda Merrill
Idaho Lobbyist
Melindas.Merrill@gmail.com
Legislative Director & Oregon Lobbyist
Amanda@daltonadvocacy.com
Shawn Miller
Oregon Lobbyist
Shawn@MillerPublicAffairs.com
Holly Chisa
Washington Lobbyist
hollychisa@hpcadvocacy.com
Melinda Merrill
Idaho Lobbyist
Melindas.Merrill@gmail.com
OREGON INTERIM UPDATE
ISSUE: Paid family leave
SUMMARY: Paid family leave died during the 2017 session when advocates learned of its 3/5ths majority vote requirement—turning their focus and priority towards scheduling and pay equity mandates. Interim work groups have been formed in both the House and the Senate to formulate a bill for 2018.
ISSUE: Tobacco licensing with local preemption
SUMMARY: With the inability for the legislature to adopt a statewide tobacco licensing program, Counties are moving forward following Multnomah County’s lead. Deschutes and Umatilla Counties are next and NWGA will work to keep each ordinance as consistent as possible with one another.
ISSUE: Tax reform/gross receipts/commercial activity tax
SUMMARY: The failure of Measure 97 last Fall and the inability for the 2017 legislature to adopt a gross receipts tax will not dissuade legislative leadership from continued discussions on tax reform. Our Oregon will once again use the ballot box to pressure the legislature to adopt taxes in 2018.
ISSUE: Defensive ballot initiatives
SUMMARY: NWGA will be tracking the development of union filed ballot measures. So far, three have been filed that are going through the ballot title process:
IP 25 – Requires corporate tax disclosure for publicly traded companies.
IP 26 – Constitutional Amendment to raise business taxes by simple majority to fund
quality education model.
IP 27 – Imposes .95% GRT on businesses with sales over $5 million.
ISSUE: Proactive ballot initiatives
SUMMARY: "The best defense is a good offense" is an adage that has been applied to many fields of endeavor, including sports and military combat. After playing only defense the last two years against Our Oregon, labor’s political arm—NWGA will be actively involved pursuing proactive ballot measures this interim to protect its members:
Bill Introduction for 2018
The legislature adopted House Concurrent Resolution 40 in 2017, which sets forth the rules and timelines for bill introduction in 2018:
Each Representative may request the Office of the Legislative Counsel to prepare, and may submit for introduction, no more than two drafts of measures.
Each Senator may request the Office of the Legislative Counsel to prepare, and may submit for introduction, no more than one drafts of measures.
Each interim committee of the Senate and each interim committee of the House of Representatives may request the Office of the Legislative Counsel to prepare, and may submit for introduction, no more than three drafts of measures.
The Governor may request the Office of the Legislative Counsel to prepare, and may submit for introduction, no more than five drafts of measures on behalf of the executive branch of state government.
The Chief Justice of the Supreme Court may request the Office of the Legislative Counsel to prepare, and may submit for introduction, no more than five drafts of measures on behalf of the judicial branch of state government.
Each measure introduced must come with a problem statement, and a summary that explains how the proposed measure addresses the identified problem
The limitations on introduction of measures do not apply to the Joint Committee on Ways and Means, with respect to appropriation or fiscal measures; Measures requested and approved for introduction by the President of the Senate; or Measures requested and approved for introduction by the House Committee on Rules.
Schedule and Deadlines
2018 Regular Session of the 79th Legislative Assembly
August 23rd, 2017, Revenue Forecast
September 18th-20th, 2017, Legislative Days
November 7th, 2017, Election Day
November 13th-15th, 2017, Legislative Days
November 21, 2017 at 5 p.m. Members, committees, the Governor and the Chief Justice shall submit requests for drafts of measures to the Office of the Legislative Counsel.
January 8th at 5:00 p.m. LC delivers drafts of measures to requestors
January 10th-12th, 2018, Legislative Days
January 16th, 2018 at 5p.m. Bill Drop Deadline
February 5th-March 9th, 2018, 2018 Legislative Session
March 11th, 2018, Sine Die Constitutional Deadline
March 13th, 2018, Election Filing Day
The President of the Senate, the House Committee on Rules and the Joint Committee on Ways and Means are not subject to the all of the above deadlines.
SUMMARY: Paid family leave died during the 2017 session when advocates learned of its 3/5ths majority vote requirement—turning their focus and priority towards scheduling and pay equity mandates. Interim work groups have been formed in both the House and the Senate to formulate a bill for 2018.
ISSUE: Tobacco licensing with local preemption
SUMMARY: With the inability for the legislature to adopt a statewide tobacco licensing program, Counties are moving forward following Multnomah County’s lead. Deschutes and Umatilla Counties are next and NWGA will work to keep each ordinance as consistent as possible with one another.
ISSUE: Tax reform/gross receipts/commercial activity tax
SUMMARY: The failure of Measure 97 last Fall and the inability for the 2017 legislature to adopt a gross receipts tax will not dissuade legislative leadership from continued discussions on tax reform. Our Oregon will once again use the ballot box to pressure the legislature to adopt taxes in 2018.
ISSUE: Defensive ballot initiatives
SUMMARY: NWGA will be tracking the development of union filed ballot measures. So far, three have been filed that are going through the ballot title process:
IP 25 – Requires corporate tax disclosure for publicly traded companies.
IP 26 – Constitutional Amendment to raise business taxes by simple majority to fund
quality education model.
IP 27 – Imposes .95% GRT on businesses with sales over $5 million.
ISSUE: Proactive ballot initiatives
SUMMARY: "The best defense is a good offense" is an adage that has been applied to many fields of endeavor, including sports and military combat. After playing only defense the last two years against Our Oregon, labor’s political arm—NWGA will be actively involved pursuing proactive ballot measures this interim to protect its members:
- (1) IP 30 – YES! Keep Our Groceries Tax Free.
- (2) Keep Our Promises Amendment (Spending Cap).
Bill Introduction for 2018
The legislature adopted House Concurrent Resolution 40 in 2017, which sets forth the rules and timelines for bill introduction in 2018:
Each Representative may request the Office of the Legislative Counsel to prepare, and may submit for introduction, no more than two drafts of measures.
Each Senator may request the Office of the Legislative Counsel to prepare, and may submit for introduction, no more than one drafts of measures.
Each interim committee of the Senate and each interim committee of the House of Representatives may request the Office of the Legislative Counsel to prepare, and may submit for introduction, no more than three drafts of measures.
The Governor may request the Office of the Legislative Counsel to prepare, and may submit for introduction, no more than five drafts of measures on behalf of the executive branch of state government.
The Chief Justice of the Supreme Court may request the Office of the Legislative Counsel to prepare, and may submit for introduction, no more than five drafts of measures on behalf of the judicial branch of state government.
Each measure introduced must come with a problem statement, and a summary that explains how the proposed measure addresses the identified problem
The limitations on introduction of measures do not apply to the Joint Committee on Ways and Means, with respect to appropriation or fiscal measures; Measures requested and approved for introduction by the President of the Senate; or Measures requested and approved for introduction by the House Committee on Rules.
Schedule and Deadlines
2018 Regular Session of the 79th Legislative Assembly
August 23rd, 2017, Revenue Forecast
September 18th-20th, 2017, Legislative Days
November 7th, 2017, Election Day
November 13th-15th, 2017, Legislative Days
November 21, 2017 at 5 p.m. Members, committees, the Governor and the Chief Justice shall submit requests for drafts of measures to the Office of the Legislative Counsel.
January 8th at 5:00 p.m. LC delivers drafts of measures to requestors
January 10th-12th, 2018, Legislative Days
January 16th, 2018 at 5p.m. Bill Drop Deadline
February 5th-March 9th, 2018, 2018 Legislative Session
March 11th, 2018, Sine Die Constitutional Deadline
March 13th, 2018, Election Filing Day
The President of the Senate, the House Committee on Rules and the Joint Committee on Ways and Means are not subject to the all of the above deadlines.
WASHINGTON INTERIM UPDATE
ISSUE: Rulemaking on Initiative 1433 Statewide sick leave
SUMMARY: In 2016, Washington voters passed Initiative 1433, which established both a statewide minimum wage increase and also a statewide sick leave program. The statewide sick leave program, affecting all employers in Washington, begins January 1, 2018. Rulemaking on the program began during the 2017 legislative session, and the draft rules were presented throughout the state at a series of open forums hosted by Washington Labor and Industries. The rule is now in its final hearing stages, and is expected to be finalized in the Fall.
The rule has been divided into two sessions – one section on the actual rules for employers to implement sick leave, and a second section for enforcement. Because Washington Labor and Industries believes it to be more important to get the guidance out for the actual implementation of the law by 2018, that portion of the rule will be completed first. The enforcement document will be filed separately later in the year. Labor and Industries has stated that they don’t intend to begin enforcement in 2018 immediately, so they believe they have time to publish the enforcement provisions later in the year.
ISSUE: Rulemaking on SB 5975 Paid Family Leave
SUMMARY: During the 2017 session, lawmakers passed SB 5975, and established a paid family leave program in Washington State. The rulemaking to create this new entitlement will take a significant amount of time, so NWGA and others will be spending a large part of the fall helping to build the rules around the new program. The Employment Security Department, the agency implementing the new program, as already called for meetings in the coming weeks to begin planning on implementation. Additionally, NWGA has asked that the Employment Security Department provide a guidance document to employers with Collective Bargaining Agreements to be clear that employers do not need to begin collecting the employee portion of the premiums until after a CBA expires or is reopened.
ISSUE: Seattle Sweetened Beverage Tax Rulemaking
SUMMARY: In the Spring of 2017, Seattle placed a $.02 per ounce tax on sweetened beverages on products sold in Seattle city limits. The rulemaking has begun on this issue, and will continue through early Fall. NWGA is educating staff on the challenges of implementing a beverage tax, from soda machines in the deli to shipments of products from warehouse facilities through the Port of Seattle to Alaska. The City will have to provide detailed rules to retailers to explain when to apply the tax, how to document its application, and how to work around complex issues like SNAP and product being moved within and beyond the City.
SUMMARY: In 2016, Washington voters passed Initiative 1433, which established both a statewide minimum wage increase and also a statewide sick leave program. The statewide sick leave program, affecting all employers in Washington, begins January 1, 2018. Rulemaking on the program began during the 2017 legislative session, and the draft rules were presented throughout the state at a series of open forums hosted by Washington Labor and Industries. The rule is now in its final hearing stages, and is expected to be finalized in the Fall.
The rule has been divided into two sessions – one section on the actual rules for employers to implement sick leave, and a second section for enforcement. Because Washington Labor and Industries believes it to be more important to get the guidance out for the actual implementation of the law by 2018, that portion of the rule will be completed first. The enforcement document will be filed separately later in the year. Labor and Industries has stated that they don’t intend to begin enforcement in 2018 immediately, so they believe they have time to publish the enforcement provisions later in the year.
ISSUE: Rulemaking on SB 5975 Paid Family Leave
SUMMARY: During the 2017 session, lawmakers passed SB 5975, and established a paid family leave program in Washington State. The rulemaking to create this new entitlement will take a significant amount of time, so NWGA and others will be spending a large part of the fall helping to build the rules around the new program. The Employment Security Department, the agency implementing the new program, as already called for meetings in the coming weeks to begin planning on implementation. Additionally, NWGA has asked that the Employment Security Department provide a guidance document to employers with Collective Bargaining Agreements to be clear that employers do not need to begin collecting the employee portion of the premiums until after a CBA expires or is reopened.
ISSUE: Seattle Sweetened Beverage Tax Rulemaking
SUMMARY: In the Spring of 2017, Seattle placed a $.02 per ounce tax on sweetened beverages on products sold in Seattle city limits. The rulemaking has begun on this issue, and will continue through early Fall. NWGA is educating staff on the challenges of implementing a beverage tax, from soda machines in the deli to shipments of products from warehouse facilities through the Port of Seattle to Alaska. The City will have to provide detailed rules to retailers to explain when to apply the tax, how to document its application, and how to work around complex issues like SNAP and product being moved within and beyond the City.
IDAHO INTERIM UPDATE
ISSUE: Rulemaking on Retail Pharmacy Scope of Practice
SUMMARY: In 2017, Idaho legislators passed several bills which broadened an Idaho retail pharmacist’s scope of practice and prescription authority. The laws now allow TB testing, tobacco cessation prescription, and low risk (non-compounded) drug prescription authority. Additionally, the Board of Pharmacy is updating and clarifying rules relating to pharmacy security, structural design, and more. All of these issues are the subject of rulemaking hearings and promulgation. This has been taking place since June and will carry through September/October. The draft rules were presented throughout the state at a public meeting hosted by the Idaho Board of Pharmacy, and through posting in the Administrative Bulletin requesting public comment. The rule is now in its final hearing stages, and is expected to be finalized in the Fall.
ISSUE: Commercial Vehicle Registration Fees
SUMMARY: During the 2017 session, lawmakers passed SCR 116, and established a legislative interim committee to study imposing on all commercial vehicles and farm equipment exceeding 60,000 pounds an annual registration fee. Additionally, the committee will explore imposing a quarterly operating fee based on weight class for all miles driven on Idaho roadways. These issues are born from the on-going debate about the proportionate share trucks and cars pay for use of the road compared to perceived or real wear and tear upon the roads. The outcome may impact all grocery business operations whether using their own freight vehicles or paying a freight transportation provider, who may likely pass on any increases in registration fees to shippers. The interim committee is chaired by the respective Senate and House Transportation chairs, Senator Bert Brackett (R-Rogerson) and Rep. Joe Palmer (R-Meridian). The panel consists of ten (10) total members from the germane transportation committees. The first meeting is August 29, and is expected to meet at least monthly deep into the Fall. Legislative proposals are expected near the end of the meetings before the January session.
ISSUE: Beer and Wine Tax
SUMMARY: Idaho imposes an excise tax upon barrels or fractional amounts of barrels sold by wholesalers for use or consumption within Idaho. All beer wholesalers are required to collect and to pay the tax (not the standard sales tax). Any brewer, brewery, producer or manufacturer of beer within Idaho by rule is considered a beer dealer and must pay the beer excise tax (not sales tax). This rulemaking began in July and the purpose (promulgated under present policy authority, not from legislation) is to clarify that if a brewery supplements its inventory, adequate written records are required to support any tax paid. (i.e. copies of the forms required by ITC). The Idaho Tax Commission intends to presume no tax is paid on the manufacturer’s beer in the brewery’s inventory without evidence of the payment of tax. The public comment period is to be announced in September. https://tax.idaho.gov/pubs/rulesdoc_9zGuPLS0w6Ymi.pdf
ISSUE: Rules Governing Dietician Licensure
SUMMARY: The 2017 legislature passed SB1191 updating and clarifying rules regarding licensed dieticians. The Board of Medicine initiated negotiated rulemaking August 8 to update and clarify the Board’s rules regarding Dietetic licensure and practice, and to ensure that the Dietetic rules are consistent with the Dietetic Practice Act (SB1191). These rules update Dietitians’ scope of practice, definitions, and organizational titles, and they add the options for licensure by endorsement and annual or biannual licensure renewal. Proposed rules are expected to be published for public comment in September or October, and are found here https://bom.idaho.gov/BOMPortal/DIE/Laws_Rules/IDAPA_220113_Dietetic%20_Rules_Draft.pdf
SUMMARY: In 2017, Idaho legislators passed several bills which broadened an Idaho retail pharmacist’s scope of practice and prescription authority. The laws now allow TB testing, tobacco cessation prescription, and low risk (non-compounded) drug prescription authority. Additionally, the Board of Pharmacy is updating and clarifying rules relating to pharmacy security, structural design, and more. All of these issues are the subject of rulemaking hearings and promulgation. This has been taking place since June and will carry through September/October. The draft rules were presented throughout the state at a public meeting hosted by the Idaho Board of Pharmacy, and through posting in the Administrative Bulletin requesting public comment. The rule is now in its final hearing stages, and is expected to be finalized in the Fall.
ISSUE: Commercial Vehicle Registration Fees
SUMMARY: During the 2017 session, lawmakers passed SCR 116, and established a legislative interim committee to study imposing on all commercial vehicles and farm equipment exceeding 60,000 pounds an annual registration fee. Additionally, the committee will explore imposing a quarterly operating fee based on weight class for all miles driven on Idaho roadways. These issues are born from the on-going debate about the proportionate share trucks and cars pay for use of the road compared to perceived or real wear and tear upon the roads. The outcome may impact all grocery business operations whether using their own freight vehicles or paying a freight transportation provider, who may likely pass on any increases in registration fees to shippers. The interim committee is chaired by the respective Senate and House Transportation chairs, Senator Bert Brackett (R-Rogerson) and Rep. Joe Palmer (R-Meridian). The panel consists of ten (10) total members from the germane transportation committees. The first meeting is August 29, and is expected to meet at least monthly deep into the Fall. Legislative proposals are expected near the end of the meetings before the January session.
ISSUE: Beer and Wine Tax
SUMMARY: Idaho imposes an excise tax upon barrels or fractional amounts of barrels sold by wholesalers for use or consumption within Idaho. All beer wholesalers are required to collect and to pay the tax (not the standard sales tax). Any brewer, brewery, producer or manufacturer of beer within Idaho by rule is considered a beer dealer and must pay the beer excise tax (not sales tax). This rulemaking began in July and the purpose (promulgated under present policy authority, not from legislation) is to clarify that if a brewery supplements its inventory, adequate written records are required to support any tax paid. (i.e. copies of the forms required by ITC). The Idaho Tax Commission intends to presume no tax is paid on the manufacturer’s beer in the brewery’s inventory without evidence of the payment of tax. The public comment period is to be announced in September. https://tax.idaho.gov/pubs/rulesdoc_9zGuPLS0w6Ymi.pdf
ISSUE: Rules Governing Dietician Licensure
SUMMARY: The 2017 legislature passed SB1191 updating and clarifying rules regarding licensed dieticians. The Board of Medicine initiated negotiated rulemaking August 8 to update and clarify the Board’s rules regarding Dietetic licensure and practice, and to ensure that the Dietetic rules are consistent with the Dietetic Practice Act (SB1191). These rules update Dietitians’ scope of practice, definitions, and organizational titles, and they add the options for licensure by endorsement and annual or biannual licensure renewal. Proposed rules are expected to be published for public comment in September or October, and are found here https://bom.idaho.gov/BOMPortal/DIE/Laws_Rules/IDAPA_220113_Dietetic%20_Rules_Draft.pdf