All seven clearly active cannabis bills had been passed by the Legislature and the conference committee on the operating budget planned to release their revisions on Saturday at noon.
Here are some observations of the Washington State Legislature (WA Legislature) for Thursday April 20th, the 102nd day of the 2023 Regular Session.
My top 3 takeaways:
- On Wednesday April 19th, the Washington State Senate (WA Senate) concurred with the revised House amendments to SB 5123 and passed the legislation regarding pre-employment testing for cannabis use.
- On Tuesday April 18th, the Washington State House of Representatives (WA House) receded from one of two amendments to SB 5123.
- Senate leadership brought up the legislation for a concurrence vote on early Wednesday afternoon, and Prime Sponsor Karen Keiser indicated the House revision to their revisions recodified the bill under RCW 49.44 as originally intended, rather than the Fair Chance Act pertaining to job applicants with criminal records (audio < 1m, video). Senator Curtis King signaled Republican Caucus support for the House amendments but acknowledged their votes on the overall legislation would be mixed (audio < 1m, video).
- Senators concurred with the House amendments and then voted 30-18-0-1 to pass the legislation.
- Two republicans joined the majority in supporting passage of the legislation: Senators Curtis King and Jeff Wilson.
- Also on Wednesday, legislative staff announced the signing ceremony for the conference committee report on the biennium operating budget would be hosted on Saturday April 22nd - requiring both chambers to take up final passage of the legislation on the last day of the 2023 regular session.
- SB 5187 - "Making 2023-2025 fiscal biennium operating appropriations.”
- During the Tuesday April 18th WSLCB board caucus meeting, Director of Legislative Affairs Marc Webster indicated, “I've heard the budget could be released on Friday, and I've also heard Saturday” which would be “extremely late” as it would procedurally require lawmakers to pass the legislation very close to the sine die deadline on Sunday.
- Joint Rule 20 of the Senate and House for the 2023-24 Legislature on “Adoption of Reports” states:“Each house shall have 24 hours from the time of proper receipt, by the chief clerk of the house of representatives and the secretary of the senate, and by distribution to the members before considering reports from a conference committee which has proposed new items within the scope and object of the bill in conference.”
- It adds: “The foregoing provision relating to 24 hour intervals may be suspended by the senate or the house of representatives by two-thirds vote of the members present, and such suspension shall apply only to the house voting to suspend this provision.”
- The “Overview of the Legislative Process” on the Legislature website notes, “Both houses must adopt the conference committee report for the bill to pass the Legislature. If one house does not adopt the conference committee report (whether by vote or inaction), the bill has not passed.”
- Joint Rule 20 of the Senate and House for the 2023-24 Legislature on “Adoption of Reports” states:“Each house shall have 24 hours from the time of proper receipt, by the chief clerk of the house of representatives and the secretary of the senate, and by distribution to the members before considering reports from a conference committee which has proposed new items within the scope and object of the bill in conference.”
- On Wednesday afternoon following adjournment of floor sessions for the day, notice was sent announcing “a meeting for the purpose of signing the conference committee report on ESSB 5187 - Making 2023-2025 fiscal biennium operating appropriations and 2021-2023 fiscal biennium second supplemental operating appropriations” at 12pm on Saturday.
- The revised bill text—likely inclusive of new cannabis-specific budget provisos—would be made publicly available at the same time on the Washington State Legislative Evaluation and Accountability Program (LEAP) website and probably more directly on the Washington State Fiscal Information screen for SB 5187.
- On Thursday, legislators would continue on the home stretch towards sine die on Sunday April 23rd.
- The Washington State House planned to convene on Thursday at 10:30am PT.
- All cannabis bills available to representatives for concurrence with Senate changes had been passed by the body.
- The Washington State Senate planned to convene at 11am on Thursday.
- All cannabis bills available to senators for concurrence with House changes had been passed by the body.
- The conference committee on SB 5187, the biennium operating budget, continued its work after members were appointed by the Senate and the House.
- Committee members were scheduled to sign the conference report on Saturday April 22nd at 12pm coincident with the publication of the revised bill text.
- 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 House planned to convene on Thursday at 10:30am PT.