WR is closely monitoring the bills that have advanced through the legislative process. Each week, we’ll spotlight our weekly “hot list” key legislation that could have the most significant impact on WR members.
ALPRS Regulation (SB 6002)
Focused on automated license plate reader technology, specifically targeting Flock cameras, prompted by reports alleging data sharing with ICE. While initially aimed at cities and counties, the bill also includes provisions that would restrict private businesses from sharing Flock camera data with law enforcement. Flock is not seeking to stop the bill but to add appropriate guardrails that preserve the technology’s intended use and public safety benefits.
Position: WR has concerns with this bill.
Commercial Electronic Mail Act (CEMA) (SB 5976/HB 2274)
CEMA Legislation Gains Traction Legislation addressing unintended consequences of Washington’s Commercial Electronic Mail Act (CEMA) advanced this week with a public hearing on HB 2274 in the House Consumer Protection & Business Committee. The bill seeks to clarify the law following a recent court interpretation that has triggered a surge in litigation over routine marketing emails.
During the hearing, Crystal Leatherman, WR’S Director of Policy and Government Affairs testified in strong support of HB 2274 and why this legislation was needed. Leatherman explained that CEMA is now being applied in ways the Legislature never intended, with consequences accelerating rapidly following the Washington Supreme Court’s Brown v. Old Navy decision. Since that ruling, over 60 lawsuits have been filed in just a few months, targeting common, non-deceptive email subject lines—language that consumers see regularly and that is widely used across industries.
According to testimony, these cases are not focused on spam or on disguising the commercial nature of emails, nor do they require proof of consumer harm. Instead, litigation has centered on everyday promotional phrases such as “Up to 80% Off,” “Almost Gone,” or “Gone Tomorrow.” Under the current interpretation of the law, each email can trigger statutory damages of $500 per email, per consumer, regardless of whether the email was opened or acted upon.
Supporters of HB 2274 emphasized a willingness to work collaboratively with the Attorney General’s Office, legislators, and stakeholders with differing views to identify a balanced solution that protects consumers while restoring predictability for businesses operating in Washington.
As the session continues, the bill’s progress will be closely watched by a broad coalition of organizations that rely on lawful, transparent email communications as part of their operations.
Position: WR supports this bill.
Concerning 6PPD and regrettable 6PPD substitutes in tires (HB 2421 / SB 6119)
HB 2421 establishes a long-term phase-out of 6PPD in motor vehicle tires, culminating in a prohibition in 2035, while imposing interim mitigation fees and regulatory oversight of substitute materials. The bill would significantly increase the environmental mitigation fee on tires with load ratings over 2,500 pounds—raising the fee to $6 per tire beginning in 2027 (up from $3)—with revenue dedicated to environmental mitigation efforts. This represents a substantial increase on top of last year’s fee changes and is a key concern for retailers. The bill is scheduled for hearings on the 19th in the House and 20th in the Senate.
Position: WR has concerns with this bill.
Immigration enforcement employer requirements & penalties (SB 5852 / HB 2105)
Modeled after California’s Immigrant Worker Protection Act (2017), this bill would go well beyond California’s framework by significantly expanding employer compliance requirements and penalties, including a private right of action and substantial fines multiplied by the number of Washington-based employees. The bill is backed by the Attorney General and will place employers in a difficult position between conflicting federal and state requirements. Its restrictive approach and litigation exposure present significant great risks for employers and are already requiring substantial staff attention. Hearing in the Senate is scheduled on the 20th.
Position: WR opposes this bill.
Payroll tax (SB 6093 / HB 2100)
HB 2100 would impose a statewide payroll-style excise tax on large employers, levying a 5% tax on employee compensation above $125,000. The bill is scheduled for a highly controversial public hearing in the House Finance Committee, with a Senate companion (SB 6093, Sen. Saldaña) not yet heard. Revenue would be directed to the Well Washington Fund to backfill childcare, SNAP-type, and related benefits impacted by federal changes. The proposal would introduce a significant new cost structure for employers at a time of already high labor and operating pressures and could affect company operations, including impacts on visiting executives. WR plans to testify in opposition and is seeking business examples and impact statements. The bill remains very much in play, with Rep. Scott continuing stakeholder discussions and legislative leaders actively considering broader tax options, including payroll, wealth, asset, and a forthcoming millionaire tax.
Position: WR opposes this bill.
