A Recap of the 2024 Washington Legislative Session

BY SANJAY WALVEKAR

The 60-day 2024 legislative session began on Jan. 8 and adjourned sine die on March 7. Legislators passed a $71 billion supplemental operating budget¹1 https://fiscal.wa.gov/statebudgets/operatingbudgetmain. with approximately $2 billion in new spending for fentanyl and opioid treatment, K-12 schools, and behavioral health facilities, among other priorities. Legislators also passed a $1.3 billion supplemental capital budget²2 https://fiscal.wa.gov/statebudgets/capitalbudgetmain. to fund statewide construction and infrastructure projects, and a $14.6 billion supplemental transportation budget,³3 https://app.leg.wa.gov/billsummary?BillNumber =2134&Year=2023&Initiative=False. adding $1.1 billion to fund road preservation, existing ferry fleet support, and the removal of fish barriers across the state.

Initiatives Loom Large

In addition to passing several significant policy measures, including bills ending child marriage in Washington (House Bill 1455), creating a task force to study artificial intelligence issues (Engrossed Second Substitute Senate Bill 5838), and encouraging participation in public defense and prosecution professions (Second Substitute Senate Bill 5780), the Legislature considered a slate of six citizen initiatives. The Legislature agreed to hear three of those initiatives during the session: 

• Initiative 2111 prohibits the state, counties, cities, and other local jurisdictions from imposing or collecting income taxes;
• Initiative 2113 removes restrictions imposed by the Legislature on when police can legally engage in vehicular pursuits; and 
• Initiative 2081 allows parents to review K-12 instructional materials and other records and requires notification of medical care provided to their children.

All three initiatives were passed by the Legislature and will become law. 

Three remaining initiatives were not considered by the Legislature and will go on the ballot in November: Initiative 2109 repeals the state’s new tax on capital gains on certain investment profits of more than $250,000 annually; Initiative 2117 repeals the state’s 2021 Climate Commitment Act, which requires oil refineries and other major greenhouse gas emitters to pay for pollution permits and reduce emissions over time; and Initiative 2124 allows people to opt out of the WA Cares Fund, a .58 percent payroll tax that funds a long-term care insurance benefit of up to $36,500 per person. 

Bar-Request Bill Passes Legislature

One of the WSBA’s main priorities during each legislative session is to support Bar-request legislative proposals initiated by WSBA Sections and approved by the Board of Governors. This year’s request legislation, Substitute Senate Bill (SSB) 5786, passed both chambers unanimously and was signed into law by Gov. Jay Inslee. Originating from the Corporate Act Revision Committee of the Business Law Section, SSB 5786 aims to modernize and clarify portions of Washington’s Business Corporations Act (WBCA) by amending chapters of the WBCA regarding merger and share exchanges, quorum and voting, and social purpose corporations.

WSBA Board Supports Court and Public Defense Proposals

In addition to supporting Bar-request legislative proposals, the WSBA endorses non-Bar request bills that seek to create and promote access to justice for all Washington residents. The WSBA Board of Governors voted to support several bills this session originating from the Administrative Office of the Courts and the Office of Public Defense, including:

• Substitute House Bill 1911: Specifying three activities in which the Office of Public Defense may engage without violating the prohibition on direct representation of clients. The bill passed the Legislature and was signed into law by the governor.
• House Bill 1992: Adding a superior court judge in Whatcom County. This bill increases the number of statutorily authorized superior court judges in Whatcom County from four to five. The bill passed the Legislature and was signed into law by the governor.
• Senate Bill 5836: Adding a superior court judge in Clark County. This bill increases the number of statutorily authorized superior court judges in Clark County from 11 to 12. The bill passed the Legislature and was signed into law by the governor.
• Engrossed Substitute Senate Bill 5828: Concerning water rights adjudication commissioners and referees. This bill authorizes court commissioners for water rights adjudications, specifies the power of water commissioners, and authorizes the appointment of water adjudication referees without consent of the parties. The bill passed the Legislature and was signed into law by the governor.
• House Bill 2034: Requiring municipalities and counties to provide sufficient notice to the Administrative Office of the Courts prior to the creation or termination of municipal courts and agreements for court services. The bill passed the Legislature and was signed into law by the governor.
• Substitute House Bill 2056: Creating information sharing and limited investigative authority of Supreme Court bailiffs. This bill authorizes bailiffs of the Washington Supreme Court to conduct threat assessments on behalf of Supreme Court justices and to receive criminal history record information that includes non-conviction data for purposes exclusively related to investigating threats against a justice. The bill passed the Legislature and was signed into law by the governor.

LEARN MORE > More information about each of the bills and initiatives mentioned in this article can be found at https://app.leg.wa.gov/billinfo/. 

WSBA Sections Weigh In

The WSBA Legislative Affairs team monitors and takes appropriate action on legislative proposals significant to the practice of law and administration of justice. The  team was busy this year, referring and tracking nearly 300 bills for WSBA Sections through the end of session. Key bills involving WSBA Section action and collaborationinclude:

Engrossed Substitute Senate Bill 5589

Concerning probate. This bill modifies provisions relating to family support and exemptions from creditor’s claims for probate and non-probate property; clarifies the exemptions from attachment, execution, and forced sale that apply after a decedent’s death; establishes a procedure for allocating the exempt property among claimants; and establishes a procedure by which the decedent’s surviving spouse, surviving registered domestic partner, or surviving dependent children may request basic financial support during the pendency of any court proceedings relating to the decedent’s probate or non-probate assets. The bill was supported by the Real Property, Probate and Trust Section and was signed into law by the governor.

Substitute Senate Bill 5787

Enacting the Uniform Electronic Estate Planning Documents Act. This bill authorizes the use of electronic non-testamentary estate planning documents and electronic signatures on non-testamentary estate planning documents. It also establishes guidelines for the validity and recognition of electronic non-testamentary estate planning documents and electronic signatures on non-testamentary estate planning documents. The bill received significant technical input from the Real Property, Probate and Trust Section and was signed into law by the governor.

Substitute House Bill 2237

Concerning limitations in parenting plans. This bill amends provisions governing limitations that may be imposed in a parenting plan on residential time with a child, decision-making authority, and dispute resolution by reorganizing language and making revisions and additions to substantive provisions. The bill was supported by the Family Law Section but did not pass the Legislature this year. These issues are expected to be reconsidered in future legislative sessions. 

The next legislative session will begin in January 2025 and is scheduled for 120 days, marking the first half of the 2025-2026 biennium. During the interim and the upcoming session, the WSBA will continue to monitor and act on legislation significant to the practice of law and administration of justice. 

NOTES

1. https://fiscal.wa.gov/statebudgets/operatingbudgetmain. 

2. https://fiscal.wa.gov/statebudgets/capitalbudgetmain. 

3. https://app.leg.wa.gov/billsummary?BillNumber =2134&Year=2023&Initiative=False.