Legislation – NWSidebar

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Washington Bans Noncompetition Covenants: What Physicians Need to Know

On March 9, the Washington State Legislature passed Engrossed Substitute House Bill 1155 (ESHB 1155), which was signed into law on March 23 by Gov. Bob Ferguson and will take effect June 30, 2027. The new law will ban virtually all noncompetition covenants for Washington-based workers, joining our state with California, Minnesota, North Dakota, and Oklahoma as states that prohibit nearly all noncompetition agreements. From Regulation to Prohibition When I previously wrote […]

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Integrating the New Washington Uniform Custodial Trust Act

Estate plans are often drafted years, or even decades, before they take effect. During that time, a beneficiary’s life and circumstances can change dramatically and so estate planning drafting must be flexible. Someone who was once fully capable of managing an inheritance may later face cognitive decline, disability, or another form of incapacity. Without built-in […]

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2025 Post-Session Report from the Washington Legislature

The 105-day 2025 legislative session began on Jan. 13 and adjourned sine die (last day of session) 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 […]

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2025 Mid-Session Report from the Washington Legislative Session

The 2025 legislative session began Jan. 13 and will focus on addressing a $15 billion budget deficit. Key bills being monitored include those related to loan repayment for public defenders, reinstating the Limited License Legal Technician program, and improving public defense funding and efficiency within the court system.

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Join the Discussion: WSBA’s Legislative Proposal on Washington Business Corporation Act

The WSBA Board of Governors will assess a proposal from the WSBA Business Law Section to amend the Washington Business Corporation Act. This proposal aims to update board committee provisions and includes technical corrections. The Legislative Review Committee has unanimously recommended sponsorship for the upcoming legislative session, with a Board vote scheduled for Nov. 7-8.

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Legislative Recap: What Lawyers Should Know About the 2024 Session

The Washington Legislature adjourned Sine Die after a 60-day session, with the WSBA Legislative Affairs team monitoring and acting on nearly 300 bills. Key bills include the Uniform Electronic Estate Planning Documents Act and amendments to the Business Corporations Act. Legislation passed includes ending child marriage and creating a task force for studying artificial intelligence issues.

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Confronting a Crisis: The State of Public Defense

Public defenders in Washington state are facing a crisis due to excessive workload, inadequate funding, and a shortage of lawyers. Efforts are underway to address these issues, including a study to revise caseload standards, government action, and proposed legislation. The state is also facing a lawsuit for failing to adequately fund public defense. Additional bills seek to attract new lawyers and improve the system.

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WSBA Legislative Proposals

At its Nov. 3, 2023 meeting, the WSBA Board of Governors will consider two legislative proposals for Bar sponsorship.
Proposal from the Business Law Section. This proposal amends the Washington Business Corporation Act to replace the current RCW 23B.11 with a new chapter 11 that substantially mirrors the current version of the Model Business Corporations Act. The proposal also changes other sections of RCW 23B dealing with definitions, quorum, and voting requirements; removal of directors by shareholders; entity conversion; and other issues.
Proposal from the Real Property, Probate & Trust Section. This proposal eliminates the requirement that leases for more than one year must have the landlord’s signature acknowledged before a notary.
All feedback is welcome and can be sent to barleaders@wsba.org. Comments are also welcome during the Board meeting.

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What Happened in the 2023 Washington Legislative Session

The 105-day 2023 legislative session began on Jan. 9 and adjourned sine die on April 23. Legislators passed a two-year, $69.2 billion state operating budget providing funding increases for K-12 schools, with an emphasis on special education and programs to support affordable housing, as well as a $13.5 billion biennial transportation budget that supports improvements to the Washington State Ferry System, increases bicycle and pedestrian access to schools, and funds major highway construction projects statewide.

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WA Legislature Special Session: A History of Drug Possession Law Following State v. Blake

In the evening of sine die of the 2023 session, April 23, the “Blake Bill”—the E2SSB 5536 conference committee proposal for replacing the expiring criminal provisions of ESB 5476 (2021)—was brought to the floor of the House and failed, an unexpected result. Much media attention has been paid to the apparent political snafu, but less attention has been paid to the history, evidence, policy options, and principles that underlay the votes taken that evening.

Gov. Jay Inslee has announced his intent to convene a special session to address this legislation, beginning May 16. Washington’s legal community has an immediate opportunity to express individual opinions to Washington’s elected decision makers about whether, and to what extent, use of criminal sanctions against people solely for drug use is consistent with the values and vision of Washington’s and the United States’ promises of justice for all.

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An Unprecedented Opportunity for Cannabis: What’s Happening with Washington’s Social Equity Program

Mistakes were made. That was the assessment the state’s Liquor and Cannabis Board (LCB) made in 2020, eight years after Washington voters approved Initiative 502, which legalized recreational marijuana in the state; six years after the first marijuana retailers were licensed; four years after the state stopped issuing new retail licenses; and three years before the state would try to correct its mistakes.
For many, especially people of color, marijuana had for years meant incarceration, destroyed families, and uprooted lives. Today, the substance is mostly a great way to get rich without the same risk, and especially if you’re white.

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Washington’s 2023 Legislative Session: What’s in Store at the WSBA

The 2023 session of the Washington State Legislature began with lawmakers returning to Olympia for the first in-person session in two years. Legislators will consider a variety of issues this year. However, a primary focus of the 120-day “long” session is to pass a state budget for the next two years. The first day of session was Jan. 9 and it will continue through April 23. Between now and then the Senate and House of Representatives have important dates ahead of them.

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Federal Court Rules Tardy Disqualification Motion Waived

The federal district court in Seattle recently issued a pointed reminder on disqualification motions: move promptly or risk waiver. Olson Kundig, Inc. v. 12th Avenue Iron, Inc., 2022 WL 14664715 (W.D. Wash. Oct. 25, 2022) (unpublished), involved patent and trademark claims between the plaintiff designer and the defendant manufacturer. The plaintiff’s law firm had done transactional work in the past for the defendant, but that work had concluded, and the defendant was a former client of the law firm.

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What You Need to Know About Washington’s Silenced No More Act

On March 24, Washington Gov. Jay Inslee signed into law the Silenced No More Act, greatly restricting the scope of nondisclosure and nondisparagement provisions that employers may enter into with employees who either work or reside in Washington state. Effective June 9, the new law prohibits employers from requiring or requesting that an employment agreement contain a provision: “Not to disclose or discuss conduct, or the existence of a settlement involving conduct, that the employee reasonably believed under Washington state, federal or common law to be illegal discrimination, illegal harassment, illegal retaliation, a wage and hour violation, or sexual assault, or that is recognized as against a clear mandate of public policy….” However, employers will still be able to enter into agreements that (1) prohibit the disclosure of the amount paid in a settlement agreement; and (2) protect “trade secrets, proprietary information, or confidential information that does not involve illegal acts.” An employer that violates the law can be found liable in a civil action for “actual damages or statutory damages of $10,000, whichever is more, as well as reasonable attorneys’ fees and costs.”

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What Happened in the Washington Legislature in 2022: A WSBA Wrap Up

The 60-day 2022 Washington legislative session began on Jan. 10 and adjourned Sine Die (the final adjournment with no day set to reconvene) on March 10. Legislators passed a number of policy measures, as well as a $17 billion transportation package providing funding for new ferries, roadway maintenance, and public transportation improvements and a $64.1 billion supplemental operating budget that funds raises for state workers, rental assistance, and further support of the state’s mental health system.

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Strange New Trip: The Emerging World of Psychedelic Law and Decriminalization

After substances like LSD (acid), MDMA (ecstasy), and notably psilocybin (magic mushrooms) were classified as federally prohibited Schedule 1 drugs, a new wave of research into their therapeutic potential is growing, state and local governments are decriminalizing their use, and new areas of law are opening up. “Now there’s what’s referred to as a psychedelic renaissance …,” said Kathryn Tucker, special counsel at Emerge Law Group. “It’s just an incredible surge of interest.”