2008 Legislative Session Summary
During the 60-day legislative session, 1,745 bills were newly introduced, in addition to more than 2,000 bills introduced last year that had not passed and were still eligible for consideration. Nearly 350 of these measures made it to the governor’s desk. Below is a summary of the issues of most importance to AELC.
GOVERNMENT CONTRACTING / A&E SELECTION
Public Contracting by Port Districts (2SHB 3274 – PASSED)(Chapter 130, Laws of 2008; effective date June 12, 2008). Following the state auditor’s performance audit of the Port of Seattle, several bills were introduced to address public contracting procedures. In addition to adding new requirements for contracting for personal services by port districts, HB 3274 for the first time provides an enforcement mechanism against public agencies that fail to comply with qualifications-based selection procedures for A&E services. Agency personnel will be subject to civil penalties for a willful and intentional violation of the statutory requirements for the competitive selection of professional design services.
Addressing Public Works Procurement (ESSB 6235 – DIED). ESSB 6235 was another attempt to address concerns raised by the Port of Seattle performance audit. It proposed to change how construction-related services and professional consulting services are defined for purposes of public works contracting. The bill would have added project management, construction supervision and construction management to the professional services required to be procured using the qualifications-based selection methods set out in Chapter 39.80 RCW (A&E selection). The bill passed the Senate, but died in the House.
LIABILITY
Residential Construction Liability (SSB 6385 – DIED). SSB 6385 would create a new cause of action for “negligent” construction on single family residences based on a “reasonable care” standard. The bill was amended in the House of Representatives to create a statutory implied warranty (similar to the statute on condominium construction), but concerns about its affect on insurance and litigation costs kept it from coming up for a vote in the House.
Certificate of Merit for Design Professionals (SB 5833 – DIED). AELC advocated for this measure to protect design professionals from unwarranted lawsuits. Similar to a provision found in the medical malpractice reforms enacted in 2006, SB 5833 would require claimants to have a certificate of merit at the time of filing a negligence claim against a design professional. The bill remained in the Rules Committee due to the constraints of a short session.
Wrongful Death (E3SHB 1873 – DIED). The Washington State Trial Lawyers Association pushed this bill to expand the types of damages available and the number of beneficiaries able to claim damages in wrongful death, survival and child death claims. The Liability Reform Coalition (LRC), Washington Construction Industry Council, and state and local governments joined in opposing the bill. A report by the actuarial firm Milliman, Inc., commissioned by the LRC, determined the increase in frequency of wrongful death cases against the state would be 80 percent--at an addition cost to the state of $9.3 million annually. The bill died in a dispute between the Senate and House over Senate amendments successfully added to the bill by the LRC and its allies.
REGULATORY ISSUES
Anti-Vesting (SHB 3202/SSB 6784 – DIED). This bill would have significantly altered Washington’s vesting laws, affecting when development rights could be vested and leaving design professionals and building officials without clear and predictable guidelines for construction and development. Considerable expense and time delays would result from requiring project applicants to revise or update plans based on regulations that are passed or altered after filing of the application. The construction industry, business community and county officials were united in opposing the bill.
GMA Climate Change (ESSB 6580 – PASSED)(Chapter 289, Laws of 2008; effective date June 12, 2008). Adding climate change as one of the elements of the Growth Management Act will be studied through pilot projects. The Department of Community, Trade and Economic Development will work with six cities to address global warming mitigation, adaptation and reduction of vehicle miles traveled. Reports will be made back to the legislature before the 2009 session.
LICENSING
Several licensing bills affecting the design professions were introduced this session, including: the American Institute of Architects/WA Council sought to update the architectural licensing statutes (SSB 6757); the American Society of Landscape Architects sought an upgrade from title act to practice act that was met with opposition from landscape designers (ESSB 5746); soil and wetland scientists pushed for a combined statewide licensing program (HB 3316); and interior designers advocated for the regulation of their profession through a title act (HB 2895/SB 6707).
TRANSPORTATION
520 Bridge/Tolling (ESHB 3096 – PASSED)(Chapter 270, Laws of 2008; effective date June 12, 2008). The SR 520 tolling implementation committee is formed to make recommendations on financing and traffic-related issues by January 2009. Once the committee has submitted its report, tolling may be used on the existing 520 bridge, with legislative approval. The bill also defers payment of state and local sales tax for the bridge replacement until five years after completion.