Legislators appeared to have resolved a dispute over language added to the final clearly active cannabis bill by members of the House, and the WSLCB lobbyist hinted at the budget timeline.
Here are some observations of the Washington State Legislature (WA Legislature) for Wednesday April 19th, the 101st day of the 2023 Regular Session.
My top 3 takeaways:
- On Tuesday April 18th, the Washington State House of Representatives (WA House) receded from one of two amendments to SB 5123 regarding pre-employment testing for cannabis use.
- On March 29th during the second and third reading of the bill on the House floor, representatives adopted two changes which had been rejected in the House policy committee.
- On Friday April 14th, the Washington State Senate (WA Senate) voted to dispute changes made by the House and asked their peers to recede from their amendments. At the time, Prime Sponsor Karen Keiser indicated she had been in discussion with officials in the other chamber about the dispute.
- On Tuesday, the House brought up SB 5123 towards the end of their afternoon floor session, receded from their amendments to the legislation, and immediately transitioned the bill to second reading to consider amendment LEON 840. Representative Eric Robertson explained the new amendment was identical to amendment LEON 833 which the body had just removed (audio < 1m, video). Representative Liz Berry offered supportive remarks (audio < 1m, video).
- Representatives did not attempt to replace amendment LEON 835 by Representative Suzanne Schmidt which had been incorporated into the legislation on March 29th. That amendment was described as having the following effect: “Codifies the underlying bill in chapter 49.94 RCW, rather than chapter 49.44 RCW, thereby subjecting its provisions to enforcement by the Attorney General and other limitations provided under the Fair Chance Act.”
- On third reading, Berry (audio < 1m, video) and Robertson (audio < 1m, video) offered supportive remarks and the freshly amended legislation was passed by the body 56-41-0-1.
- In a mixed vote, five democrats opposed passage of the legislation (Representatives Lauren Davis, Mari Leavitt, Dave Paul, Cindy Ryu, and Amy Walen) while four republicans joined the majority (Representatives Greg Cheney, Eric Robertson, Mike Steele, and Jim Walsh).
- The bill would be returned to the WA Senate for a likely concurrence vote.
- Also on Tuesday, Washington State Liquor and Cannabis Board (WSLCB) Director of Legislative Affairs Marc Webster provided some insight into the timeline for the budget bills - and the potential for new budget provisos.
- Towards the end of his update during the board caucus meeting, Webster noted “the big remaining job” facing lawmakers was adoption of biennium budgets. “I've heard the budget could be released on Friday, and I've also heard Saturday” which would be “extremely late,” he asserted, as it would procedurally require lawmakers to pass the legislation very close to the sine die deadline on Sunday.
- Webster also mentioned the meeting agency staff arranged on Friday April 14th for legislators interested in the WSLCB environmental pesticide actions. He and other officials “briefed dozens of members” and heard many “ways to help the impacted farmers” like “budget provisos,” “recommendations to you as the board,” or further study of the issue (audio - 1m, video - WSLCB, video - TVW).
- On Wednesday, legislators would continue on the home stretch towards sine die on Sunday April 23rd.
- The Washington State Senate planned to convene at 10am on Wednesday.
- One cannabis bill was available to senators for concurrence with House changes.
- SB 5123 - “Concerning the employment of individuals who lawfully consume cannabis.”
- One cannabis bill was available to senators for concurrence with House changes.
- The Washington State House planned to convene on Wednesday at 10:30am PT.
- All cannabis bills available to representatives for concurrence with Senate changes had been passed by the body.
- Legislation can be declared "necessary to implement budgets" (NTIB), an informal procedure leadership can exercise around any bill with a fiscal impact. The criteria for NTIB status and the decision making around the designation hadn’t been set in law or rule, allowing for a bypass of the cutoff calendar which is agreed to by both chambers through the legislative process.
- Sunday April 23rd would occasion sine die, the end of the regular session, described as the “Last day allowed for regular session under state constitution.”
- The Washington State Senate planned to convene at 10am on Wednesday.