BY SANJAY WALVEKAR
The 105-day 2025 legislative session began on Jan. 13 and adjourned sine die on April 27. Lawmakers’ primary focus was passing a biennial state budget while contending with a budget deficit of up to $15 billion over the next four years. The fiscal situation loomed large over discussions on taxes, spending freezes, and policies with fiscal impact to the state. Relying on a tax package totaling $9.4 billion over four years, legislators ultimately passed a $77.8 billion operating budget, alongside a $15.5 billion transportation budget and a $7.5 billion capital budget for infrastructure projects.
The Legislature passed several significant policy bills this session, including legislation capping rent increases statewide (Engrossed House Bill 1217); requiring clergy to report instances of child abuse or neglect (Senate Bill 5375); prohibiting collection agencies and health care providers and facilities from reporting medical debt to consumer credit reporting agencies (Engrossed Substitute Senate Bill 5480); and requiring gun buyers to apply for a five-year permit through the Washington State Patrol (Engrossed Second Substitute House Bill 1163).
Several high-profile policy bills did not advance this year, including legislation establishing guard rails on a governor’s emergency powers (Senate Bill 5434); offering free breakfast and lunch to all public-school students (House Bill 1404); and decreasing the blood or breath alcohol concentration limit for operating a vehicle or watercraft from 0.08 to 0.05 (Substitute Senate Bill 5067). These bills may be considered next year, as “carryover” bills from this first half of the 2025-2026 legislative biennium.
The WSBA Legislative Affairs team monitored and took action on several legislative proposals significant to the practice of law and administration of justice this session. Some of the bills on the watchlist this year included:
Substitute Senate Bill 5027:
Establishing a loan-repayment program for public defense attorneys and prosecutors.
This bill authorizes the Washington Student Achievement Council to create a law school loan repayment program for public defenders and prosecutors, subject to qualifying employment obligations. The Bar monitored this legislation, which did not advance this year but may be reconsidered next session.
Senate Joint Memorial 8006:
Concerning the limited license legal technician program.
This bill would send a nonbinding request to the Washington Supreme Court asking to reinstate the Limited License Legal Technician (LLLT) program, which was sunsetted in 2020, asking the Supreme Court to expand the LLLT program to include providing assistance at administrative hearings as well as debt collection and eviction proceedings; and asking the Supreme Court to form a work group to study and recommend how LLLTs could help defendants in courts of limited jurisdiction. The Bar monitored this legislation, which did not advance this year but may be reconsidered next session.
Substitute House Bill 1171:
Exempting attorney higher-education employees from certain mandated reporting of child abuse and neglect.
This bill creates an exception to the mandated reporting of suspected child abuse and neglect requirement for attorneys employed by public or private institutions of higher education and employees under the supervision or direction of those attorneys as it relates to information related to the representation of a client. The Bar supported this bill, which passed the Legislature and was signed into law by the governor.
Engrossed Substitute House Bill 1620/Senate Bill 5575:
Concerning limitations in parenting plans.
This legislation amends provisions governing limitations a court may impose 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 Family Law Section monitored and provided technical comments on this bill, which passed the Legislature and was signed into law by the governor.
Senate Bill 5087:
Establishing legal education programs at community and technical colleges.
This bill creates a program to establish certified paralegal education programs east of the Cascade Mountains and requires certain community and technical colleges to offer a prelaw associates degree if funding is provided. The Bar monitored this legislation, which did not advance this year but may be reconsidered next session.
Senate Bill 5006:
Making updates to Washington’s corporation acts.
Originating from the Business Law Section’s Corporate Act Revision Committee, this bill modifies the composition, powers, and limitations of corporate and nonprofit board committees. The legislation also clarifies issuance of shares procedures, rights of former holders of shares exchanged in share exchanges, dissenters’ rights during a conversion of a corporation, and voting thresholds in corporate dissolutions. This bill is sponsored by the Bar for the 2025 legislative session. The bill passed the Legislature and was signed into law by the governor.
Senate Bill 5404/Substitute House Bill 1592:
Concerning public defense services.
This legislation creates a 50/50 split between the state and counties for funding current public defense services levels, with the state required to pay for increased costs related to proposed caseload standards going forward. These bills also require counties to use funding to improve the public defense system or services proven to improve outcomes and prevent crime (such as behavioral health, diversion, reentry, and incarceration alternatives) and create a statewide system of coordination and data sharing between the Office of Public Defense and counties to ensure consistent and effective representation. The Bar supported these bills, which did not advance this year but may be reconsidered next session.
Second Substitute House Bill 1207:
Concerning superior court clerk fees.
This bill creates an additional $50 surcharge for certain filing fees collected by clerks of superior courts and allocates the surcharge to accounts supporting judicial branch agencies, county clerk operations, and the state archives. The Bar successfully advocated for reducing the superior court filing fee surcharge from $100 to $50 with specific allocations to the courts. The bill passed the Legislature and has been delivered to the governor for signature.
Substitute House Bill 1909:
Establishing the court unification task force.
This bill creates a task force to conduct a comprehensive analysis of the current Washington state court system, including the review of the structure, policies, practices, and procedures of the state courts, and identify areas where a more unified or centralized approach to court operations may improve consistency and efficiency in the delivery of court/judicial services. The Bar supported this legislation, which did not advance this year but may be considered next session.
Engrossed Substitute Senate Bill 5813:
Increasing funding to the education legacy trust account by creating a more progressive rate structure for the capital gains tax and estate tax.
This bill applies an additional 2.9 percent excise tax on an individual’s Washington capital gains exceeding $1 million; increases the estate exclusion amount to $3 million and provides an updated reference to the Consumer Price Index to allow for annual inflation adjustments; increases the qualifying family-owned business interests deduction amount for the estate tax to $3 million and provides annual inflation adjustments; and increases the tax rates for Washington taxable estates of decedents dying on or after Jan. 1, 2025. The Taxation Law Section, Elder Law Section, and Probate & Trust Council monitored this legislation, which passed the Legislature and has been delivered to the governor for signature.
Engrossed Second Substitute Senate Bill 5686:
Expanding and funding the foreclosure mediation program.
This bill expands the Foreclosure Mediation Program to include unit owners who are delinquent or may become delinquent on their association assessments and establishes the process and timelines for mediation. The bill also establishes an $80 fee collected on certain residential mortgage loan originations to be remitted to the foreclosure fairness account and revises the distributions to fund the program. The Dispute Resolution Section monitored this bill, which passed the Legislature and has been delivered to the governor for signature.
The next legislative session will begin in January 2026 and is scheduled for 60 days, marking the second half of the 2025-2026 biennium. At the start of the next session, bills from this year’s session that did not advance are reintroduced and retained in their present position. As noted above, these “carryover” bills can be reconsidered next year. 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.
About the author
Sanjay Walvekar is the WSBA legislative affairs manager. He joined the WSBA staff in 2017, after several years working in local and statewide politics. He earned his B.A. and J.D. from the University of Washington. He can be reached at:
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.