HomeMy WebLinkAbout02/03/2015 04A Potential and Pending State Legislation of Interest to the City of YakimaBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.A.
For Meeting of: February 03, 2015
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ITEM TITLE:
SUBMITTED BY:
SUMMARY EXPLANATION:
Council direction re: potential and/or pending state legislation
Randy Beehler, Communications & Public Affairs Director
Potential and/or pending legislation regarding a variety of issues that may be of interest to the
City are at various stages of being considered by the State Legislature in Olympia. Given the
rapid pace of the legislative process in the State Capital, and in order to provide maximum
flexibility for City staff and the City's Olympia lobbyist, Jim Justin, to respond to such legislation,
the Council is being asked to provide general direction regarding a few key issues.
Resolution: Ordinance:
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: NA Amount:
Funding Source/Fiscal
Impact:
Strategic Priority: Partnership Development
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
City Manager
N/A
ATTACHMENTS:
Description Upload Date Type
Memorandum - Council Direction re: Potential
1/23/2015 Cover Memo
and/or Pending State Legislation
SB 5329 1/23/2015 Cover Memo
HB 1194 1/23/2015 Cover Memo
NE CD
DDDR
To: Yakima City Council Members
From: City Manager Tony O'Rourke
Communications & Public Affairs Director Randy Beehler
Subject: Council Direction re: Potential and/or Pending State Legislation
Date: Friday, January 24th, 2014
Council Members,
Potential and/or pending legislation regarding a variety of issues that may be of interest to
the City are at various stages of being considered by the State Legislature in Olympia.
Given the rapid pace of the legislative process in the State Capital, and in order to provide
maximum flexibility for City staff and the City's Olympia lobbyist, Jim Justin, to respond to
such legislation, the Council is being asked to provide general direction regarding several
key issues.
The Council is being asked to consider providing direction that would allow City staff and
the City's Olympia lobbyist to actively oppose or support legislation, including testifying
during legislative hearings, regarding the following issues that are being discussed during
the current legislative session:
- Legislation that would prevent and/or overturn local jurisdiction bans on the
growing, processing, and sale of recreational marijuana
The Council is being asked to provide direction to allow City staff and the City's Olympia
lobbyist to actively oppose (including testifying at legislative hearings) such legislation.
- Legislation that would prevent and/or overturn local jurisdiction breed -specific dog
regulations
The Council is being asked to provide direction to allow City staff and the City's Olympia
lobbyist to actively oppose (including testifying at legislative hearings) such legislation.
- Legislation that would create a special state liquor license allowing fairs to serve
alcohol throughout the premises
The Council is being asked to provide direction to allow City staff and the City's Olympia
lobbyist to actively support (including testifying at legislative hearings) such legislation.
- Legislation that would acknowledge the Central Washington State Fair as the
"Official Washington State Fair"
The Council is being asked to provide direction to allow City staff and the City's Olympia
lobbyist to actively support (including testifying at legislative hearings) such legislation.
- Legislation that would restrict certain kinds of information gathered as a result of
911 calls from being subject to public disclosure
The Council is being asked to provide direction to allow City staff and the City's Olympia
lobbyist to actively support (including testifying at legislative hearings) such legislation.
- Legislation that would generate from tourism -related businesses up to $7.5 million
annually to fund a statewide tourism promotion program
The Council is being asked to provide direction to allow City staff and the City's Olympia
lobbyist to actively support (including testifying at legislative hearings) such legislation.
S-0166.2
SENATE BILL 5329
State of Washington
64th Legislature 2015 Regular Session
By Senators Braun, Becker, Schoesler, Padden, Angel, Warnick,
Honeyford, and Hewitt
Read first time 01/19/15.
Referred to Committee on Commerce & Labor.
1 AN ACT Relating to requiring public employee collective
2 bargaining sessions to be open meetings; amending RCW 42.30.140; and
3 adding a new section to chapter 42.30 RCW.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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Sec. 1. RCW 42.30.140 and 1990 c 98 s 1 are each amended to read
as follows:
If any provision of this chapter conflicts with the provisions of
any other statute, the provisions of this chapter shall control:
PROVIDED, That this chapter shall not apply to:
(1) The proceedings concerned with the formal issuance of an
order granting, suspending, revoking, or denying any license, permit,
or certificate to engage in any business, occupation, or profession
or to any disciplinary proceedings involving a
business, occupation,
or profession, or to receive
sports activity or to operate any mechanical device
where a
(2)
relates
license or registration is necessary; or
That portion of a meeting of
to a quasi-judicial matter
member of such
a license for a
or motor vehicle
a quasi-judicial body which
between named parties
distinguished from a matter having general effect on the public or
a class or group; or
as
on
p. 1 SB 5329
Z-0361.2
State of Washington
HOUSE BILL 1194
64th Legislature 2015 Regular Session
By Representatives Kirby, Holy, Van De Wege, Hayes, Stokesbary,
Fitzgibbon, and Bergquist; by request of LEOFF Plan 2 Retirement
Board
Read first time 01/15/15. Referred to Committee on Labor.
1 AN ACT Relating to the death benefits of a surviving spouse of a
2 member of the law enforcement officers' and firefighters' retirement
3 system or the state patrol retirement system; and amending RCW
4 51.32.050.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 Sec. 1. RCW 51.32.050 and 2010 c 261 s 3 are each amended to
7 read as follows:
8 (1) Where death results from the injury the expenses of burial
9 not to exceed two hundred percent of the average monthly wage in the
10 state as defined in RCW 51.08.018 shall be paid.
11 (2)(a) Where death results from the injury, a surviving spouse of
12 a deceased worker eligible for benefits under this title shall
13 receive monthly for life or until remarriage, except as provided in
14 (b) of this subsection, payments according to the following schedule:
15 (i) If there are no children of the deceased worker, sixty
16 percent of the wages of the deceased worker;
17 (ii) If there is one child of the deceased worker and in the
18 legal custody of such spouse, sixty-two percent of the wages of the
19 deceased worker;
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1 (iii) If there are two children of the deceased worker and in the
2 legal custody of such spouse, sixty-four percent of the wages of the
3 deceased worker;
(iv) If there are three children of the deceased worker and in
the legal custody of such spouse, sixty-six percent of the wages of
the deceased worker;
(v) If there are four children of the deceased worker and in the
legal custody of such spouse, sixty-eight percent of the wages of the
deceased worker; or
(vi) If there are five or more children of the deceased worker
and in the legal custody of such spouse, seventy percent of the wages
of the deceased worker.
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(b)
o.f f cE.
or the. s
entitled
benefits
A surviving spouse of
and. fivefiat
:ers
member
of the law
enforcement
rerne t system under chapter 41.26 RC'ti
ate atrol retirement system under chapter 43.43 RCW who is
to benefits under this section must continue to receive
under this section monthly for life. Such surviving spouse
shall not be e1i.,gibje to receive ammm_lump sum. payment under (g) of this
subsection..... After the effective date ofW..._t is section..., the monthly,
payments to any such surviving spouse that have been suspended under
(d) or (a) of this subsection shall resume. However, the monthly
a ents to an . s.ouse who received a lum. sum a ment under
of
this subsection shall be actuarially .reduced to reflect the amount of
the lump sum payment.
(c) Where the surviving spouse does not have legal
custody of any
child or children of the deceased worker or where after the death of
the worker legal custody of such child or children
surviving spouse to another, any payment on account
passes from such
of such
children not in the legal custody of the surviving spouse
made to the person or persons having legal custody of such
child or
shall be
child or
children. The amount of such payments shall be five percent of the
monthly benefits payable as a result of the worker's death for each
such child but such payments shall not exceed twenty-five percent.
Such payments on account of such
child or children shall be
subtracted from the amount to which such surviving spouse would have
been entitled had such surviving spouse had legal custody
the children and the surviving spouse shall receive the
after such payments on account of such child or children
of all of
remainder
have been
subtracted. Such payments on account of a child or children not in
p. 2 HB 1194
1 the legal custody of such surviving spouse shall be apportioned
2 equally among such children.
3 (((c))) (d) Except as provided in (b) of this subsection,
4 payments to the surviving spouse of the deceased worker shall cease
5 at the end of the month in which remarriage occurs: PROVIDED, That a
6 monthly payment shall be made to the child or children of the
7 deceased worker from the month following such remarriage in a sum
8 equal to five percent of the wages of the deceased worker for one
9 child and a sum equal to five percent for each additional child up to
10 a maximum of five such children. Payments to such child or children
11 shall be apportioned equally among such children. Such sum shall be
12 in place of any payments theretofore made for the benefit of or on
13 account of any such child or children. If the surviving spouse does
14 not have legal custody of any child or children of the deceased
15 worker, or if after the death of the worker, legal custody of such
16 child or children passes from such surviving spouse to another, any
17 payment on account of such child or children not in the legal custody
18 of the surviving spouse shall be made to the person or persons having
19 legal custody of such child or children.
20 (((d))) (e) In no event shall the monthly payments provided in
21 this subsection (2) ((of this scction)):
22 (i) Exceed the applicable percentage of the average monthly wage
23 in the state as computed under RCW 51.08.018 as follows:
24 AFTER PERCENTAGE
25 June 30, 1993 105%
26 June 30, 1994 110%
27 June 30, 1995 115%
28 June 30, 1996 120%
29 (ii) For dates of injury or disease manifestation after July 1,
30 2008, be less than fifteen percent of the average monthly wage in the
31 state as computed under RCW 51.08.018 plus an additional ten dollars
32 per month for a surviving spouse and an additional ten dollars per
33 month for each child of the worker up to a maximum of five children.
34 However, if the monthly payment computed under this subsection (2)
35 ((*el*)) (e)(ii) is greater than one hundred percent of the wages of
36 the deceased worker as determined under RCW 51.08.178, the monthly
37 payment due to the surviving spouse shall be equal to the greater of
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HB 1194
1 the monthly wages of the deceased worker or the minimum benefit set
2 forth in this section on June 30, 2008.
3 (((c))) (f) In addition to the monthly payments provided for in
4 ((subsection (2)))(a) through (((c))) (d) of this ((section))
5 subsection, a surviving spouse or child or children of such worker if
6 there is no surviving spouse, or dependent parent or parents, if
7 there is no surviving spouse or child or children of any such
8 deceased worker shall be forthwith paid a sum equal to one hundred
9 percent of the average monthly wage in the state as defined in RCW
10 51.08.018, any such children, or parents to share and share alike in
11 said sum.
12 (((f))) (g) Upon remarriage of a surviving spouse the monthly
13 payments for the child or children shall continue as provided in this
14 section, but, except as provided in (b) of this subsection, the
15 monthly payments to such surviving spouse shall cease at the end of
16 the month during which remarriage occurs. However, after September 8,
17 1975, an otherwise eligible surviving spouse of a worker who died at
18 any time prior to or after September 8, 1975, shall have an option
19 of:
20 (i)(((A))) Receiving, once and for all, a lump sum of twenty-four
21 times the monthly compensation rate in effect on the date of
22 remarriage allocable to the spouse for himself or herself pursuant to
23 ((subsection (2))) (a)(i) of this ((Section)) subsection and subject
24 to any modifications specified under ((subsection (2)(d))) of
25 this ((Section)) subsection and RCW 51.32.075(3) or fifty percent of
26 the then remaining annuity value of his or her pension, whichever is
27 the lesser: PROVIDED, That if the injury occurred prior to July 28,
28 1991, the remarriage benefit lump sum available shall be as provided
29 in the remarriage benefit schedules then in effect;
30 (((B) If a surviving spouse i3 thc Surviving Spouse of a mcmbcr
31 of the law cnforccmcnt officers' and firefighters' retirement system
32 u ...... he
33
34
35 of rcmarriagc allocable to thc spouse f r
36---
37 percent of thc remaining annuity value f his or her pension provided
38 hat
39 y ._e _ ., - 3 .. , _ �—beftcfif s
40 as provided in thc rcmarriagc bcncfit schedules thcn in effect;)) or
thc our'v
men
c patr --
a.
in cffcct m a e
himsclf or hcr3clf pursuant
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HB 1194
1 (ii) If a surviving spouse does not choose the option specified
2 in ((subsection (2)(f))) (g)(i) of this ((section)) subsection to
3 accept the lump sum payment, the remarriage of the surviving spouse
4 of a worker shall not bar him or her from claiming the lump sum
5 payment authorized in ((subsection (2)(f))) (g)(i) of this
6 ((section)) subsection during the life of the remarriage, or shall
7 not prevent subsequent monthly payments to him or to her if the
8 remarriage has been terminated by death or has been dissolved or
9 annulled by valid court decree provided he or she has not previously
10 accepted the lump sum payment.
11 ((-(})) (h) If the surviving spouse during the remarriage should
12 die without having previously received the lump sum payment provided
13 in ((subsection (2)(f))) (g)(i) of this ((section)) subsection, his
14 or her estate shall be entitled to receive the sum specified under
15 ((subsection (2)(f))) (g)(i) of this ((section)) subsection or fifty
16 percent of the then remaining annuity value of his or her pension
17 whichever is the lesser.
18 (((h))) (i) The effective date of resumption of payments under
19 ((subsection (2)(f))) (q)(ii) of this ((section)) subsection to a
20 surviving spouse based upon termination of a remarriage by death,
21 annulment, or dissolution shall be the date of the death or the date
22 the judicial decree of annulment or dissolution becomes final and
23 when application for the payments has been received.
24 (((i))) (j) If it should be necessary to increase the reserves in
25 the reserve fund or to create a new pension reserve fund as a result
26 of the amendments in chapter 45, Laws of 1975-'76 2nd ex. sess., the
27 amount of such increase in pension reserve in any such case shall be
28 transferred to the reserve fund from the supplemental pension fund.
29 (3) If there is a child or children and no surviving spouse of
30 the deceased worker or the surviving spouse is not eligible for
31 benefits under this title, a sum equal to thirty-five percent of the
32 wages of the deceased worker shall be paid monthly for one child and
33 a sum equivalent to fifteen percent of such wage shall be paid
34 monthly for each additional child, the total of such sum to be
35 divided among such children, share and share alike: PROVIDED, That
36 benefits under this subsection or subsection (4) of this section
37 shall not exceed the lesser of sixty-five percent of the wages of the
38 deceased worker at the time of his or her death or the applicable
39 percentage of the average monthly wage in the state as defined in RCW
40 51.08.018, as follows:
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HB 1194
1 AFTER PERCENTAGE
2 June 30, 1993 105%
3 June 30, 1994 110%
4 June 30, 1995 115%
5 June 30, 1996 120%
6 (4) In the event a surviving spouse receiving monthly payments
7 dies, the child or children of the deceased worker shall receive the
8 same payment as provided in subsection (3) of this section.
9 (5) If the worker leaves no surviving spouse or child, but leaves
10 a dependent or dependents, a monthly payment shall be made to each
11 dependent equal to fifty percent of the average monthly support
12 actually received by such dependent from the worker during the twelve
13 months next preceding the occurrence of the injury, but the total
14 payment to all dependents in any case shall not exceed the lesser of
15 sixty-five percent of the wages of the deceased worker at the time of
16 his or her death or the applicable percentage of the average monthly
17 wage in the state as defined in RCW 51.08.018 as follows:
18 AFTER PERCENTAGE
19 June 30, 1993 105%
2 0 June 30, 1994 110%
21 June 30, 1995 115%
2 2 June 30, 1996 120%
23 If any dependent is under the age of eighteen years at the time
24 of the occurrence of the injury, the payment to such dependent shall
25 cease when such dependent reaches the age of eighteen years except
26 such payments shall continue until the dependent reaches age twenty -
27 three while permanently enrolled at a full time course in an
28 accredited school. The payment to any dependent shall cease if and
29 when, under the same circumstances, the necessity creating the
30 dependency would have ceased if the injury had not happened.
31 (6) For claims filed prior to July 1, 1986, if the injured worker
32 dies during the period of permanent total disability, whatever the
33 cause of death, leaving a surviving spouse, or child, or children,
34 the surviving spouse or child or children shall receive benefits as
35 if death resulted from the injury as provided in subsections (2)
36 through (4) of this section. Except as provided in subsection (2)(b)
37 of this section, upon remarriage or death of such surviving spouse,
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HB 1194
1 the payments to such child or children shall be made as provided in
2 subsection (2) of this section when the surviving spouse of a
3 deceased worker remarries.
4 (7) For claims filed on or after July 1, 1986, every worker who
5 becomes eligible for permanent total disability benefits shall elect
6 an option as provided in RCW 51.32.067.
END
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HB 1194