Official Newsletter
March 2022
Legislative Update
From Carolyn Logue
With the 2022 Legislature still meeting virtually, it was difficult to get a lot of issues brought forward. To this end, we were unable to get a bill introduced that would require stand-alone dental plans to allow denturists in network. However, we did work with several legislators who have promised to bring forward this issue next session. 
In addition, we will have an opportunity in 2023 to discuss the dental Medicaid program to see if we can provide more money specifically for dentures to help increase the number of lifetime dentures a patient can have, particularly if they are younger when they receive their first denture under Medicaid. 
Both of these issues will require grassroots work this summer and fall so hopefully you are all ready to meet with your legislators! 
Below is a full list of bills WDA tracked this year and where they ended up. Bills that did not pass are listed last. 
Supplemental budgets passed in final hours of 2022 legislative session 
Lawmakers passed the state’s supplemental budget and transportation funding plans in the final hours of the 60-day legislative session, which adjourned at midnight on March 10. 
tate of Reform has a good round-up of the Supplemental Operating Budget, noting the spending plan adds $5 billion to the 2021 operating budget, bringing total spending to $64.1 billion over the two-year budget. In the final negotiations, majority Democrats prioritized spending on pay raises for state employees, increased rates for child-care providers and rental assistance, among other items. 
Lawmakers also passed the Supplemental Transportation Budget. Breaking precedent, the majority party crafted and passed a 16-year, $17 billion package. Instead of relying on gas tax or bonding, it relies on additional revenue from the state’s new cap-and-trade program, a one-time $2 billion fund transfer from the general fund-state, increases in various fees and federal dollars.  
For the denturist community, several items of interest were included in the budget.  The first provides funding to the Department of Health to provide project staff to reduce the current backlog and complete credentials within seven calendar days of receiving a complete application.  
The second provides general fund dollars for completion of the DOH computer upgrade rather than relying solely on provider fees for this project. In addition, one time funding is provided for the Center for Health Workforce Studies to develop a program to track dental workforce trends, needs, and enhancements to better serve the increasing population and demand for access to adequate oral health care. WDA will need to make sure that Bates is connected with the UW on this study to ensure access to denturists is required. I will also be reaching out to find out how we can get involved in this. One time funding is also provided for a report on strategies to support and transform the education and training of the dental hygiene and dental assistant professions because of the lack of people in these professions right now. A report must be submitted to the Legislature by December 1, 2022. Bills that passed which expand apprenticeship and CTE training dollars could benefit our program at Bates and we will need to take a deeper look. 
In 2023, lawmakers will convene for 105 days to craft the two-year budgets. 

Even though WDA did not have any direct, denturist related bills during this short virtual session, we did participate in coalitions to defeat bills that would negatively impact employers. These bills include: 
  • HB 1837 – Ergonomics: Once again, your grassroots efforts helped stop a bill that would have allowed L&I to adopt rules setting standards for repetitive motion injuries that in previous iterations cost business over $700 million to implement. Consistent calls and emails helped us stop this bill from coming up for a vote in the Senate.   
  • SB 5801 – Making Employers Pay if they Lose Workers’ Compensation Appeals: This bill also failed to come up for a vote on the House floor before the deadline Friday night. While it didn’t warrant the grassroots approach, the business community worked hard with friendly legislators to stop this bill which would have stifled employers from appealing workers compensation claims by forcing them to pay if they  
Capital gains income tax passed by Legislature thrown out by court 
In early March, a Douglas County Superior Court judge tossed out the capital gains tax lawmakers passed in 2021.  
In his written ruling, Douglas County Superior Court Judge Brian Huber upheld opponents’ argument that new tax was a tax on income, which violates previous state Supreme Court rulings and the state constitution because it is not a uniform taxation on property.  
State Attorney General Bob Ferguson said he would appeal the ruling to the state Supreme Court, noting that there was a lot at stake for funding early learning, child-care programs, and school construction. 
The measure imposes a 7% tax on the sale of stocks, bonds and assets exceeding $250,000. It was projected to generate $415 million in 2023, the first year the tax would be collected. 
KING 5 TV, Northwest Public Radio and GeekWire covered the story.  
ESD lays out new timeline for long-term care program premium collection, program implementation 
The Legislature passed the Washington Cares Act (WA Cares) in 2019. The Act created a long-term care program funded by payroll premiums. As the program’s implementation neared this year, lawmakers and the public questioned the viability and need for the new state-run program.  
In light of the mounting uncertainty and questions of program solvency, the Legislature passed and governor signed House Bill 1732 on Jan. 27 to delay the program and premium collection until July 2023. 
The state Employment Security Department is the agency responsible for administering the program. It created a website to support employers, which reads: “Beginning July 1, 2023, you’ll collect premiums from your employees the same way you do now for Paid Leave—we’ve updated the Paid Leave reporting system on our end so you can report for both programs at the same time.” 
More information on premium calculation can be found here
Bills that impact employers have mixed results 
Though lawmakers were only in session 60 days, several bills that would impact employers were considered. Many bad bills died and a couple of good ones passed.  
Some of the bills that would have negatively impacted employers include: 
  • House Bill 1076: Modeled off California’s law, this bill would subject small businesses to third-party greenmail lawsuits alleging violations of more than a dozen workplace and health or worker rights and safety laws. Died in committee. 
  • House Bill 1474: This bill would increase penalties for inadvertent errors in quarterly unemployment insurance reports. Died in committee. 
  • Senate Bill 5130: This bill would effectively undo our state’s employment-at-will doctrine, exposing employers to litigation. The bill would also prohibit redaction of sensitive and personally identifiable information. Died in committee. 
Bills that have a positive impact on employers are: 
  • Senate Bill 5137: This bill would allow for a one-year suspension of the COLA (Cost-of-Living Adjustment) on workers’ compensation benefits. Died in committee. 
  • Senate Bill 5873: This bill would provide a two-year reduction in the scheduled increase for the social tax component of Unemployment Insurance rates for the remainder of 2021 and 2022. Passed and signed by governor. Bill took effect March 11, 2022. 
Bill to change disability wage calculation for married individuals dies in committee 

Senate Bill 5835 would have eliminated the reference to marital status in the time loss and pension wage rate statutes, setting the floor for all workers without children at 65 percent. As written, the bill would: 
  • Provide the same percentages of the worker's wages to be received by an injured worker for a permanent total disability whether a worker is married or unmarried; and, 
  • Remove the requirement that an injured worker be married to receive an additional $10 per month when the worker is receiving the minimum monthly payments for a permanent or temporary total disability. 

The change would have created a significant fiscal impact as the effective rate of pay across the system is approximately 63.3 percent.  

While the bill advanced to the House Rules Committee Feb. 3, it did not receive a vote of the full Senate. 
Attend Paid Family and Medical Leave stakeholder meeting April 5 

The state Employment Security Department invites employers to attend a stakeholder meeting to discuss draft rules regarding the waiting period to access the state’s Paid Family and Medical Leave (PFML) program. The group will also cover small business assistance grants. 

The details of the meeting are as follows: 
  • When: April 5, 2022, 9 a.m. 
  • Where: The stakeholder meeting will be held via Microsoft TEAMS. 
  • To get information on how to participate in the meeting, visit this website and click “+” in the “Upcoming meetings” section. 
This is an opportunity for you to voluntarily provide testimony on proposed Paid Leave regulations at a public hearing that is required by law. The draft rules can be read here
Potential data breach at state Department of Licensing 

Officials this month said they flagged a potential data breach in January at the state Department of Licensing (DOL) that could have compromised professional license holders. 

According to GeekWire: The state issues and processes about 40 types of professional and occupational licenses through a database called POLARIS (Professional Online Licensing and Regulatory Information System). Professionals in the database include real estate brokers, architects, geologists, tattoo artists, and others. 
Information that may have been stolen in the breach could include social security numbers, drivers license numbers, and date of birth for people in the POLARIS database. 

The state Cybersecurity Office reported that it began to see data on the “dark web” last month that suggested DOL was hit by a data breach.  

The Seattle Times has more on the story. 
Redistricting plan challenged 

After a long and controversial process, the state Redistricting Commission’s plan is again under fire.  
The Commission is tasked every decade with redrawing legislative and congressional districts based on population increases and migrations, ensuring nearly equal numbers of residents in each of the districts. 

The newest redistricting plan was submitted Nov. 15, 2021, and was immediately met with skepticism. Allegations of deal-making and lack of adherence to the Public Open Meetings Act led to a lawsuit by the Coalition for Open Government. The result of the challenge is the state Supreme Court was asked to resolve the questions surrounding the legitimacy of the plan; the court ruled that the plan “substantially complied” with statutory deadlines, and declined to adopt a new redistricting plan for the state. 

This month, another lawsuit was filed, this time the charge is gerrymandering. As reported in The Washington Observer, “The lawsuit argues that the new 15th district is unconstitutional because it was drawn purely so that slightly more than half3 of its citizens of voting age are Latino, without any other compelling purpose.” 
The maps of the legislative and congressional are available online
High Priority Bills
Bill #/Title & Description
SHB 1732:Long-term care/delay 
Delaying the implementation of the long-term services and supports trust program by 18 months. 
C 1 L 22 / Sullivan
SSB 5753:Board & commission sizes 
Increasing board and commission capacities. 
Del to Gov / Robinson

ESSB 5873(HB 2031):Unemployment insurance 
Concerning unemployment insurance, family leave, and medical leave premiums. 
C 61 L 22 / Keiser
ESSB 5980:B&O tax credits 
Providing substantial and permanent tax relief for small businesses to mitigate structural deficiencies in Washington's business and occupation tax and lessen long-term negative economic consequences of the pandemic that have disproportionately impacted small businesses. 
Del to Gov / Carlyle
Medium Priority Bills
Bill #/Title & Description
E2SHB 1015:Equitable access to credit 
Creating the Washington equitable access to credit act. 
Del to Gov / Maycumber
ESHB 1733:Long-term care/exemptions 
Establishing voluntary exemptions to the long-term services and supports trust program for certain populations. 
C 2 L 22 / Paul
ESHB 1795:Nondisclosure/illegal acts 
Prohibiting nondisclosure and nondisparagement provisions from employers regarding illegal acts of discrimination, harassment, retaliation, wage and hour violations, and sexual assault.  
Del to Gov / Berry
SSB 5496:Health prof. monitoring 
Concerning health professional monitoring programs. 
C 43 L 22 / Muzzall
E2SSB 5600:Apprenticeship programs 
Concerning the sustainability and expansion of state registered apprenticeship programs. 
C 156 L 22 / Keiser
2SSB 5649:Family and medical leave 
Modifying the Washington state paid family and medical leave act. 
Del to Gov / Robinson
ESSB 5761:Wage and salary information 
Concerning employer requirements for providing wage and salary information to applicants for employment. 
Del to Gov / Randall
Low Priority Bills
Bill #/Title & Description
HB 1613:Employer reports/private 
Concerning shared reporting responsibilities for both the paid family and medical leave and the long-term services and supports trust programs to clarify that information collected from employer reports shall remain private. 
C 18 L 22 / Sells
SSB 5564:Employee assistance programs 
Protecting the confidentiality of employees using employee assistance programs. 
C 11 L 22 / Keiser
Monitoring Bills
Bill #/Title & Description
ESSB 5693(SHB 1816):Operating budget, supp. 
Making 2021-2023 fiscal biennium supplemental operating appropriations. 
Del to Gov / Rolfes

Bills That Did Not Pass
Bill #/Title & Description
E2SHB 1160:Health provider contracts 
Concerning health provider contracts. 
H H-Wellness / Cody

HB 1486:Unemployment/voluntary 
Concerning qualifications for unemployment insurance when an individual voluntarily leaves work. 
H Rules C / Berry

SHB 1487:Unemployment ins. system 
Concerning unemployment insurance systems enhancements, including creating a reserve force of unemployment claim adjudicators, effective and equitable claims processing, and transparent performance metrics. 
H Rules X / Bronoske
SHB 1492(SSB 5425):Unempl. extended benefits 
Concerning extended benefits in the unemployment insurance system. 
H Rules X / Sells

HB 1594:Long-term care/repeal 
Repealing the long-term services and supports trust program. 
H Approps / Abbarno

HB 1596:Long-term care/outside WA 
Authorizing the availability of benefits from the long-term services and supports trust program for qualified individuals who reside outside of Washington. 
H Approps / Abbarno
HB 1597:Long-term care/hardship 
Establishing an exemption from the payment of premiums to the long-term services and supports trust program based on hardship.  
H Approps / Abbarno

HB 1598:Long-term care/death
Concerning the payment of benefit units in the long-term services and supports trust program upon the death of a qualified individual. 
H Approps / Abbarno

HB 1599:Long-term care/new graduates
Establishing an exemption from the payment of premiums to the long-term services and supports trust program for recent graduates. 
H Approps / Abbarno

HB 1609:Health emergencies/federal 
Limiting agency authority to align with federal standards during public health emergencies. 
H Labor & Workpl / Hoff

HB 1654:Health prof. monitoring 
Concerning health professional monitoring programs. 
H H-Wellness / Stokesbary
SHB 1816(ESSB 5693):Operating budget, supp. 
Making 2021-2023 fiscal biennium supplemental operating appropriations. 
H Rules R / Ormsby

HB 1819(SB 5960):Property tax exemption 
Increasing the personal property tax exemption. 
H Finance / Leavitt

EHB 1837:Musculoskeletal injuries 
Restoring the state's ability to regulate work-related (ergonomics) musculoskeletal injuries. 
H Rules 3C / Bronoske
E2SHB 1868(SB 5751):Health care staffing 
Improving worker safety and patient care in health care facilities by addressing staffing needs, overtime, meal and rest breaks, and enforcement.  
H Rules 3C / Riccelli
HB 1885:Dental therapy
Implementing recommendations A and C from the 2021 dental therapy task force final report to establish the profession of dental therapy statewide. 
H HC-Wellness / Cody

HB 1913(SB 5939):Long-term care insurance 
Replacing the long-term services and supports trust program with affordable and optional long-term care insurance coverage. 
H Approps / Stokesbary

SHB 1950:Unsafe dental practices 
Protecting patients from certain unsafe dental practices. 
H Rules C / Caldier

HJR 4208(SJR 8213):Personal property taxation 
Concerning the taxation of personal property. 
H Finance  / Leavitt

SSB 5137:Workers' comp COL adjustment 
Suspending workers' compensation cost-of-living adjustments for fiscal year 2022, changing the basis of certain future adjustments to the consumer price index, and capping the rate of increase for future adjustments. 
S Rules X  / King
SB 5438:Unemployment/immigration 
Providing unemployment benefits to workers who are unemployed as a result of the COVID-19 pandemic and not eligible for unemployment benefits due to immigration status. 
S Labor, Comm &  / Saldaña 
SB 5503:Long-term care products 
Studying the financial products available through the private market to replace the long-term services and supports trust program authorized in chapter 50B.04 RCW. 
S Health & Long T  / Schoesler
SB 5520:Harassment & discrim. NDAs 
Disclosing harassment and discrimination. 
S Rules X  / Keiser

SB 5557:New businesses/B&O tax 
Providing sustainable support for new businesses. 
S Business, Fina  / Hasegawa
SB 5611:Long-term care/veterans 
Providing an exemption to long-term care insurance for retired veterans and retirement eligible veterans. 
S Health & Long T  / Mullet
SSB 5620:Medicaid expenditures 
Concerning medicaid expenditures. 
S Rules 3  / Wilson
SB 5672:Long-term care/refunds 
Concerning long-term services and supports trust premium refunds for deceased individuals with developmentally disabled dependents. 
S Health & Long T  / Braun

SB 5696(HB 1912):Capital gains tax/repeal 
Repealing the capital gains income tax. 
S Ways & Means  / Braun

SB 5737:Long-term care/pending exem. 
Suspending premium assessments for pending exemption applications for the long-term services and supports trust program. 
S Health & Long T  / Wilson
SB 5751(E2SHB 1868):Health care staffing 
Improving worker safety and patient care in health care facilities by addressing staffing needs, overtime, meal and rest breaks, and enforcement. 
S Labor, Comm & / Robinson

SB 5769:State tax system 
Reforming the state tax system by providing tax relief to residents, employees, and employers. 
S Business, Fina / Wilson

SSB 5911:Health care hazard pay bonus 
Providing hazard pay retention bonuses to certain health care employees. 
S Ways & Means / Cleveland

SB 5939(HB 1913):Long-term care insurance 
Replacing the long-term services and supports trust program with affordable and optional long-term care insurance coverage. 
S Health & Long / Muzzall

SB 5949:Dental auxiliaries 
Concerning currently credentialed dental auxiliaries. 
S Health & Long / Van de Wege

SB 5960(HB 1819):Property tax exemption 
Increasing the personal property tax exemption. 
S Way & Means / Hunt
SB 5965:Long-term care trust/repeal 
Repealing the long-term services and supports trust program authorized in chapter 50B.04 RCW, including the repeal of taxes to be paid by employees through payroll deductions. 
S Health & Long / Braun
SJR 8213(HJR 4208):Personal property taxation 
Concerning the taxation of personal property. 
S Ways & Means / Hunt
Join the WDA Membership
Now is the time to join the WDA membership if you have not done so yet! With your WDA membership, you receive many perks, such as:

  • Discount on Conference Attendance fees
  • Membership to the National Denturist Association
  • Legislative support
  • Office advertisement on Washington Denturist Association website
  • Subscription to the Washington Denturist Association newsletter
  • Access to Peer Review resolution process

Contact Megan Schoenfelder, Executive Director, at [email protected] if you have any questions on your membership status.
Platinum Sponsor Spotlight:
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Department of Revenue Guidance on Taxation of Denturists
Visit the Department of Revenues website to stay updated on the guidance of taxes as a denturists.

This guide is intended to help denturists licensed under Chapter 18.30 Revised Code of Washington (RCW) understand their excise tax liability in the state of Washington.
Important Taxes to Pay Attention to: Use Tax

What is use tax?
Use tax is a tax on the use of goods or certain services in Washington when sales tax has not been paid. Goods used in this state are subject to either sales or use tax, but not both. Thus, the use tax compensates when sales tax has not been paid.

When is use tax due?
Use tax is due if:
  • Goods are purchased in another state that does not have a sales tax or a state with a sales tax lower than Washington’s. For example, items you purchase in Oregon that are used in Washington are subject to use tax.
  • Goods are purchased from someone who is not authorized to collect sales tax. For example, purchases of furniture from an individual through a newspaper classified ad or a purchase of artwork from an individual collector.
  • Goods are purchased out of state by subscription, through the Internet, or from a mail order catalog company. Many of these companies collect Washington’s sales tax, but if the company from which you order does not, you owe the use tax.
  • Personal property is acquired with the purchase of real property.

How do I pay use tax?
Use tax is determined on the value of the goods when first used in Washington. Generally, this is the purchase price. However, a depreciated value may be determined if the goods are used outside the state for a lengthy time before use in Washington by the same person. Use tax is also due on any freight, delivery, or shipping charges paid to the seller.

The use tax rate is the same as your sales tax rate. To determine the correct rate for your area, check out the Department of Revenue's Local Sales Tax Rates or try their Tax Rate Lookup Tool. Use tax, unlike sales tax, is due at the rate where you first use the article, not where the sale takes place.

To pay use tax
  • My DOR: The DOR's secure online application guides you through simple filing steps and gives you several payment options.
  • Online return (no login required): use this if you do not have an account in My DOR.

By paper: Complete and mail a Consumer Use Tax Return. (pdf)
Note: Businesses are encouraged to report use tax for business-related purchases on their next excise tax return.
WDA Classifieds
The WDA website now offers Classifieds postings, to include:

  • Open job postings
  • Offices for sale
  • Dental supplies for sale

If you are interested in advertising with WDA, please visit our website to purchase a posting.