Subminimum wage bill passes 75-23

Workers with disabilities would no longer get paid less than the minimum wage if a bill is signed into law during this year’s state legislative session. The bill is heading to the governor’s desk after passing the House in a 75-23 vote during a virtual legislative debate Monday.

Senate Bill 5284 would prevent the state Department of Labor and Industries from providing subminimum wage certificates for people with disabilities after July 31, 2023, according to the bill’s text.

Special certificates allow employers to pay their employees below the minimum wage, according to the bill’s text. The certificates apply to student workers, apprentices and those with disabilities. The certificate typically lasts about two years.

Under SB 5284, the duration of a certificate can be extended once for an additional year under certain circumstances, according to the bill’s text. The state Department of Social and Health Services must assist individuals whose certificate will expire.

Proponents say SB 5284 would ensure workers with disabilities are “not treated as cheap labor.” But opponents say it would preclude employment for them, whose only option may be to work with a subminimum wage, according to a legislative document.

Rep. Noel Frame, D-Seattle, said during the virtual legislative debate the Legislature is taking a “gigantic step forward towards justice” with the passage of SB 5284, as it would prevent employers from paying below minimum wage to workers with disabilities.

“We (will) join many other states in ending this archaic and unjust practice and advance the civil rights of our sisters and brothers with developmental disabilities,” Frame said.

Rep. Joe Schmick, R-Colfax, said during the virtual legislative debate special certificates give dignity to workers with disabilities because they get up in the morning, go to work and have a place to go.

“I’ve heard the parents talk on this (bill),” Schmick said. “It doesn’t matter to them that they’re not making the full minimum wage. What matters to them is that they have (a) purpose.”

Rep. Larry Hoff, R-Vancouver, said during the virtual legislative debate SB 5284 is a good bill but is also troubling at the same time because it has a one-size-fits-all approach.

“The challenging part of this particular piece of legislation involves a handful of our wonderful citizens that have self-worth and self-esteem as their primary objective to their employment,” Hoff said. “(Earning) $10, $15 or $100 an hour isn’t their primary driver.”

Rep. Monica Stonier, D-Vancouver, said during the virtual legislative debate a lot of constituents want to move around their community in a self-sufficient way. SB 5284 helps ensure people with disabilities who work are getting paid fairly.

The Senate passed SB 5284 on Feb. 18 in a 42-7 vote.

During the morning session, the House also passed these bills:

• Senate Bill 5015 (in a 92-5 vote): Makes it a gross misdemeanor if an individual misrepresents an unofficial ballot collection site or dropbox as an official one. The bill now heads to the governor’s desk.
• SB 5027 (97-0): Requires closed captioning on televisions in public areas. The bill will move back to the Senate to consider the House’s amendments.
• SB 5016 (97-0): Directs the state Department of Licensing to consider certain wheeled all-terrain vehicles as tracked all-terrain vehicles. Sen. Judy Warnick, R-Moses Lake, is the bill’s primary sponsor. The bill now heads to the governor’s desk.