Washington 2023-2024 Regular Session Status: Passed Senate Bipartisan · 5 D · 1 R cosponsors

SB 5259 — Ensuring commerce and workplaces are safe from product theft.

Last action — By resolution, reintroduced and retained in present status.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

184 added · 299 removed

Plain-language change summary

The updated version of Senate Bill 5259 now explicitly includes the creation of an organized retail theft task force aimed at enhancing cooperation among law enforcement to combat theft in retail settings. It also introduces stronger safety requirements for retail employees and safeguards against certain job-related repercussions tied to theft incidents. These changes are significant because they address not only the financial impact of retail theft on businesses but also prioritize the safety and job security of retail workers.

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S-1487.1 SUBSTITUTE SENATE BILL 5259 State of Washington 68th Legislature 2023 Regular Session By Senate Labor & Commerce (originally sponsored by Senators Keiser, King, Conway, Lovick, Hunt, Kuderer, Nobles, and C.
S-0305.2 SENATE BILL 5259 State of Washington 68th Legislature 2023 Regular Session By Senators Keiser, King, Conway, Lovick, Hunt, Kuderer, Nobles, and C.
Wilson) READ FIRST TIME 02/14/23.
Wilson Read first time 01/11/23.
Referred to Committee on Labor & Commerce.
creating a new section;
providing an effective date;
providing expiration dates;
1 SSB 5259 (3) The legislature also intends to provide relief to retailers impacted by the cost of physical security improvements to prevent theft at cannabis retail establishments.
1 SB 5259 (3) The legislature also intends to provide relief to retailers impacted by the cost of physical security improvements to prevent theft at cannabis retail establishments.
(6) The attorney general must regularly transmit to the Washington association of sheriffs and police chiefs any data received by the task force regarding incidents of organized retail theft under RCW 9A.56.350 reported pursuant to this section.
The Washington association of sheriffs and police chiefs must remit such information to the appropriate Washington law enforcement agencies.
Incidents of organized retail theft under RCW 9A.56.350 reported, transmitted, or remitted pursuant to this section are exempt from public inspection and disclosure under chapter 42.56 RCW.
(1) This section is the tax preference performance statement for the tax preferences contained in sections 4 and 5, chapter .
., Laws of 2023 (sections 4 and 5 of this act).
This performance statement is only intended to be used for subsequent evaluation of the tax preference.
It is not intended to create a private right of action by any party or be used to determine eligibility for preferential tax treatment.
p.
2 SSB 5259 (2) The legislature categorizes this tax preference as one intended to induce certain designated behavior by taxpayers as provided in RCW 82.32.808(2)(a).
(3) It is the legislature's specific public policy objective to reduce theft at retailers in Washington.
The legislature further acknowledges that security improvements are expensive, and the cost may not be feasible for all businesses.
The tax preferences under this act are intended to incentivize retailers to implement security precautions that reduce or prevent theft and ensure that such measures are accessible to all retailers.
(4)(a) The joint legislative audit and review committee must review the effectiveness of the tax preferences in sections 4 and 5 of this act in achieving the public policy objectives described in subsection (3) of this section.
The review must include an evaluation of the following:
(i) The amount of retailers in this state that make security improvements and use the tax preference in section 4 or 5 of this act;
and (ii) The type and cost of security improvements;
and (iii) The amount of theft incidents occurring at retailers identified under (a)(i) of this subsection prior to and after using the tax preference in section 4 or 5 of this act.
(b) If a review finds that the number of retailers implementing security improvements in this state has increased, and corresponds with a decrease in retail theft, then the legislature intends to extend the expiration date of these tax preferences.
(5) The joint legislative audit and review committee may use any data source it deems necessary in performing the evaluation under this section.
NEW SECTION.
Sec.
4.
p.
(2) The credit established in this section may be claimed on physical security improvements made by the person in the previous four quarters and may not exceed $3,000 in each calendar year.
3 SSB 5259 (2) The credit established in this section may be claimed on physical security improvements made by the person in the previous four quarters and may not exceed $3,000 in each calendar year.
(3) For the purposes of this section:
(3) This section only applies to qualifying purchases made on or after the effective date of this section.
(4) Unused credit may be carried over and used in subsequent tax reporting periods, except that no credit may be claimed more than 12 months from the end of the tax reporting period in which the credit was earned.
(5)(a) To claim a credit under this section, a person must:
(i) Apply with the department in a form prescribed by the department prior to claiming the credit;
and (ii) Electronically file with the department all returns, forms, and any other information required by the department, in an electronic format as provided or approved by the department.
(b) The department must approve or deny applications for the credit established in this section within 60 days of receipt of the application.
(c) A person may claim the credit established under this section once the department approves their application.
(6) The credit claimed under this section may not exceed the amount of tax due and may not be refunded.
(7) Credits may be claimed after June 30, 2030, for purchases made before June 30, 2030, subject to the eligibility criteria and limitations in this section.
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(8) For the purposes of this section:
and (b) "Physical security improvements" means physical improvements, additions, or other similar changes to a mercantile establishment exclusively for the purposes of preventing the theft of merchandise including, but not limited to:
and (b) "Physical security improvements" means physical improvements, additions, or other changes to a mercantile establishment for the purposes of preventing the theft of merchandise including, but not p.
2 SB 5259 limited to:
(9) This section expires June 30, 2030.
5.
4.
p.
(1)(a) ((There)) Except for retailers that qualify for the tax rate under (b) of this subsection, there is levied and collected a cannabis excise tax equal to thirty-seven percent of the selling price on each retail sale in this state of cannabis concentrates, useable cannabis, and cannabis-infused products.
4 SSB 5259 (1)(a) ((There)) Except for retailers that qualify for the tax rate under (b) of this subsection, there is levied and collected a cannabis excise tax equal to thirty-seven percent of the selling price on each retail sale in this state of cannabis concentrates, useable cannabis, and cannabis-infused products.
(ii) For the purposes of this subsection (1)(b), "physical security improvements" means physical improvements, additions, or other similar changes to a cannabis retail establishment exclusively for the purposes of preventing the theft of merchandise including, but not limited to:
(ii) For the purposes of this subsection (1)(b), "physical security improvements" may include, but are not limited to:
(2) All revenues collected from the cannabis excise tax imposed under this section must be deposited each day in the dedicated cannabis account.
p.
3 SB 5259 (2) All revenues collected from the cannabis excise tax imposed under this section must be deposited each day in the dedicated cannabis account.
Each seller must collect from the buyer the full amount p.
Each seller must collect from the buyer the full amount of the tax payable on each taxable sale.
5 SSB 5259 of the tax payable on each taxable sale.
(ii) A comparison of gross sales and tax collections prior to and after any cannabis tax change;
(iii) The increase or decrease in the volume of legal cannabis sold prior to and after any cannabis tax change;
6 SSB 5259 (iv) Increases or decreases in the number of licensed cannabis producers, processors, and retailers;
4 SB 5259 (ii) A comparison of gross sales and tax collections prior to and after any cannabis tax change;
(iii) The increase or decrease in the volume of legal cannabis sold prior to and after any cannabis tax change;
(iv) Increases or decreases in the number of licensed cannabis producers, processors, and retailers;
(7) This section expires June 30, 2030.
6.
5.
(1) It is an unfair practice for a retail establishment with 50 or more employees to suspend without pay, terminate from employment, or to discriminate in employment against an individual, because that individual, on or in the immediate vicinity of the premises of a mercantile establishment, engaged, intervened, or attempted to intervene with a person for the purpose of investigation or questioning as to the ownership of any merchandise, provided:
(1) It shall be an unfair practice for a retail establishment with 50 or more employees to discipline or terminate from employment, or to discriminate against such individual in promotion, compensation, or in terms, conditions, or privileges of employment, because that individual, on or in the immediate vicinity of the premises of a mercantile establishment, engaged, intervened, or attempted to intervene with a person for the purpose of investigation or questioning as to the ownership of any merchandise, provided:
(a) The employee does not single out, profile, or in any way select the person for the engagement, intervention, or attempted intervention based on the person's actual or perceived race, creed, color, national origin, citizenship or immigration status, sex, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability;
(a) The employee does not physically detain or restrain said person;
(b) The employee does not physically detain or restrain said person;
(b) The person is engaged in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a peace officer or by the owner of the mercantile establishment or his or her authorized employee or designated agent;
(c) The person is engaged in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a peace officer or by the owner of the mercantile establishment or his or her authorized employee or designated agent;
and (c) The employee had reasonable grounds to believe that the person was committing or attempting to commit theft on such premises of such merchandise.
and p.
(2) For the purposes of this section:
7 SSB 5259 (d) The employee had reasonable grounds to believe that the person was committing or attempting to commit theft on such premises of such merchandise.
p.
(2) It is an unfair practice for a retail establishment to suspend without pay, terminate from employment, or to discriminate in employment against an individual, because that individual:
5 SB 5259 (a) "Reasonable grounds" includes, but is not limited to, knowledge that a person has concealed possession of unpurchased merchandise of a mercantile establishment;
(a) Notified or summoned law enforcement to report an incident of organized retail theft under RCW 9A.56.350;
or (b) Otherwise cooperates with an official law enforcement investigation into organized retail theft under RCW 9A.56.350.
(3) For the purposes of this section:
(a) "Reasonable grounds" includes, but is not limited to, knowledge that a person has possession of unpurchased merchandise of a mercantile establishment;
(4)(a) After an employee or former employee has exhausted administrative remedies, an employer who violates this section is liable to the impacted employee or former employee in a civil cause of action for actual or statutory damages of $10,000, whichever is more, as well as reasonable attorneys' fees and costs.
(3) An employer who violates this section is liable in a civil cause of action for actual or statutory damages of $10,000, whichever is more, as well as reasonable attorneys' fees and costs.
(b) In any civil or administrative action, it is the employer's burden to establish that an adverse job action taken against an employee for having engaged, intervened, or attempted to intervene with a person for the purpose of investigation or questioning as to the ownership of any merchandise was lawful due to one or more of the conditions under subsection (1)(a) through (d) of this section.
(c) An employer is not liable for any civil claims or actions under the laws of this state resulting from an act by an employee that is protected by subsections (1) and (2) of this section.
However, this subsection (4) does not apply if the protected action by the employee that resulted in the claim or action was at the direction of the employer or an agent of the employer.
(5) All retail establishments covered by this section must provide training at the commencement of their employment and at least annually to all employees who regularly have contact with customers regarding both the protections and limitations on protections p.
8 SSB 5259 established by this section and must post an appropriate notice regarding such protections and limitations.
An employer may designate through policy certain employees, classes of employees, or both, who are not to engage with customers suspected of theft.
The employer must provide training to its employees on the policy regarding who may engage with customers suspected of theft.
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Sections 1, 2, and 6 of this act constitute a new chapter in Title 19 RCW.
Sections 1, 2, and 5 of this act constitute a new chapter in Title 19 RCW.
9.
8.
Sections 3, 4, and 5 of this act take effect January 1, 2024.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
NEW SECTION.
Sec.
10.
Sections 1, 2, and 6 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.
9 SSB 5259
6 SB 5259
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Action History

  1. By resolution, reintroduced and retained in present status.

  2. Public hearing in the Senate Committee on Ways & Means at 4:00 PM.

  3. Referred to Ways & Means.

  4. Minority; without recommendation.

  5. Minority; do not pass.

  6. And refer to Ways & Means.

  7. LC - Majority; 1st substitute bill be substituted, do pass.

  8. Executive action taken in the Senate Committee on Labor & Commerce at 10:30 AM.

  9. Public hearing in the Senate Committee on Labor & Commerce at 8:00 AM.

  10. First reading, referred to Labor & Commerce.

Sponsors

Sponsorship breakdown

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1 sponsors · 7 co-sponsors · 143 not signed on

Sponsors (1)

  • Keiser

Co-sponsors (7)

Not signed on (143)

143 members have not signed on to this bill.

Show all 143 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 5259?
SB 5259 is sponsored by Claire Wilson (Democrat), T'wina Nobles (Democrat), Kuderer, John Lovick (Democrat), Steve Conway (Democrat), Curtis King (Republican), Keiser, and Victoria Hunt (Democrat).
What is the current status of SB 5259?
This bill died with 2023-2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 5259?
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