Building Industry Association of Washington
Encyclopedia
The Building Industry Association of Washington or BIAW is a Washington State section 501(c) non-profit organization formed in 1966 to represent the housing industry in the state of Washington against government interests to regulate their trades. BIAW's membership comprises about 12,500 member companies, home builders, trade contractors, suppliers and industry professionals.
Their mission statement is as follows:
. The BIAW wants lower taxes and fewer regulations, particularly environmental ones. The association wants to be a counterweight to unions and their allies that have helped keep the governor's office in Democratic hands since the 1984 election.
premiums if they are able to reduce injury rates and lower associated claim costs. Of the 40-some Retro programs in the state, BIAW has the largest. BIAW's Retro group has about 6,000 member companies. The BIAW collects 20 percent of the workers' compensation refunds provided by the state to run the insurance program and pay for political work. Legally membership dues cannot be used for political activity but the BIAW claims there are no rules against using insurance refund money for that purpose. This translates into about $3–4 million from the refunds in each of the past few years. In 2009, a computer programming error was uncovered that resulted in the Dept. of L&I refunding $10 million to $15 million more per year more than they were supposed to for the last fifteen years.
BIAW-MSC was set up in order to manage the Retro program. BIAW Member Services Corporation (BIAW-MSC) is a wholly owned for-profit subsidiary of BIAW formed in 1993. BIAW-MSC also sells insurance and runs educational programs.
for governor. More than $7 million provided by the BIAW was spent on ads. Rossi's top contributor was the BIAW.
The group also spent heavily in 2006 in an attempt to oust state Supreme Court Chief Justice Gerry Alexander
. The BIAW spent nearly $1 million on the primary campaign. The advertisements said John Groen would do a better job of protecting "our constitutional rights to limited, open and accountable government". TV ads portraying Justice Alexander as an judge too old for the job were bought by the group.
In 2004, more than $500,000 was spent on independent ads by the BIAW to help Dino Rossi. Rob McKenna
, now Attorney General, received more than $415,000 from the "It's Time for A Change", one of BIAW's PACs. The BIAW gave $150,000 on the campaign of their former lawyer, Jim Johnson, running for State Supreme Court Justice. State Supreme Court justice Richard Sanders received $35,000 from the BIAW.
While the BIAW has been contributing to Republican candidates, Democratic candidates also have received BIAW contributions, including Lt. Gov. Brad Owen
, state Auditor Brian Sonntag
, Rep. Deb Wallace, Rep. Marko Liias
, Rep. Christine Rolfes, Rep, Al O'Brien, Rep. Pat Sullivan
, Rep. Fred Jarrett
, Rep. Judy Clibborn, Rep. Deb Eddy, Rep. Ross Hunter, Rep. Liz Loomis, Rep. Larry Springer
, Sen. Mary Margaret Haugen
, Sen. James Hargrove
, and Rep. Dave Quall
.
The BIAW uses PACs
to fund various campaigns. BIAW has several PACs. Washington Affordable Housing Council, "It's Time for a Change" and "Walking for Washington". The same legal contact information appears for all BIAW PACs.
The BIAW also gives funds to local affiliates such as the Master Builders Association of King and Snohomish Counties
, and the Home Builders Association of Kitsap County.
and three county prosecutors accused the BIAW of amassing $3.5 million in an illegal secret fund for its campaign to defeat Democratic Gov. Christine Gregoire. It also claims that the builders associations failed to properly register as "political committees" or report where the money is coming from. The accusation comes from a group led by two former Democratic state Supreme Court justices Faith Ireland
and Robert Utter. The group said it would sue if the government attorneys do not take action against the BIAW and two local builders associations. PDC investigators dismissed the claims that the BIAW is acting as a PAC. The PDC did find evidence that the BIAW-MSC was improperly concealing its role in bundling about $585,000 in workers' compensation refunds for donation to the BIAW's political arm. McKenna filed a lawsuit against the Master Builders Association of King and Snohomish Counties
and a second lawsuit against the BIAW-MSC, a subsidiary of the BIAW. King County Superior Court Judge Paris Kallas required Rossi to testify about his personal involvement in the building association's fundraising campaign a few days before the 2008 election. Rossi did not remember details about his dealings with the BIAW and stated the lawsuit was a "phony complaint by political operatives".
, D-Olympia.
The industry association opposed HB 1391. The legislation would have mandated a warranty for all new residences. The BIAW says there is no insurance product available to cover builders and that the bill prohibits anyone choosing to waive the implied warranty of habitability. The group also says that it is simply a new and easier way to sue builders. Heavily amended, the bill passed the House on to the Senate. According to the BIAW, it was defeated there with the help of Democratic Senator Mary Margaret Haugen
.
A similar bill SB5895 was introduced in the Senate by Democrat Sen. Rodney Tom
sought to impose warranties on all new homes, mandating third-party inspections prior to closing. The BIAW worked with the Democratic Speaker of the House Frank Chopp
to defeat this legislation.
BIAW has put proposals before the Washington State Building Code Council to remove mandatory statewide fire sprinkler requirement for new homes.
with growth legislation. The BIAW opposes critical areas ordinances (CAO). In Thurston County BIAW et al. v. WWGMHB (Western Washington Growth Management Hearings Boards) et al., the Court agreed with the BIAW.
In 2005, the southern resident orcas were designated an endangered species. In 2006, the BIAW along with the Washington Farm Bureau sued the government to remove orcas from the endangered list. The legal challenge was thrown out of U.S. District Court.
In 2007, the group challenged the Endangered Species Act (ESA) that protects threatened and endangered salmon across the West.
In 2008, the BIAW, in their newsletter Building Insight, equated the Earth Liberation Front
, classified as the top "domestic terror" threat in the United States by the Federal Bureau of Investigation
in March 2001, with “Nazis and terrorists."
In 2009, the BIAW has been fighting environmental legislation such as solar water heaters in new homes.
contends that "Initiative 841 runs roughshod over the working public's right to safety, the normal processes of government and the state's power. Instead of fine-tuning ergonomics rules adopted by the state Department of Labor and Industries, the initiative asks voters to bulldoze aside protections against repetitive injuries." The BIAW and its members spent more than $1 million on the initiative. They outspent labor unions opposing it two to one.
The Yakima Herald-Republic
supported the initiative.
Their mission statement is as follows:
The Building Industry Association of Washington is the voice of the housing industry in the state of Washington. The association is dedicated to ensuring and enhancing the vitality of the building industry for the benefit of its members and the housing needs of the citizens.
To accomplish this purpose, the association's primary focus is to educate, influence and affect the legislative, regulatory, judicial and executive agencies of Washington's government. The Building Industry Association of Washington will offer its membership those services which can best be provided on a state wide basis and will disseminate information concerning the building industry to all association members and the public.
Background
BIAW is the 3rd largest state association affiliated with the National Association of Home BuildersNational Association of Home Builders
The National Association of Home Builders is one of the largest trade associations in the United States. Headquartered in Washington, DC, NAHB's mission is "to enhance the climate for housing and the building industry...
. The BIAW wants lower taxes and fewer regulations, particularly environmental ones. The association wants to be a counterweight to unions and their allies that have helped keep the governor's office in Democratic hands since the 1984 election.
Leadership
- Kyle LaPierre, President
- Matthew Clarkson, First Vice President
- Juli Bacon, Second Vice President
- Tom McCabe, Executive Vice President
Funding
The main source of the BIAW's political money is the state Department of Labor and Industries' Retrospective Rating Program, known as Return on Industrial Insurance Program or Retro. Through Retro, participating employers can recover a portion of their workers' compensationWorkers' compensation
Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence...
premiums if they are able to reduce injury rates and lower associated claim costs. Of the 40-some Retro programs in the state, BIAW has the largest. BIAW's Retro group has about 6,000 member companies. The BIAW collects 20 percent of the workers' compensation refunds provided by the state to run the insurance program and pay for political work. Legally membership dues cannot be used for political activity but the BIAW claims there are no rules against using insurance refund money for that purpose. This translates into about $3–4 million from the refunds in each of the past few years. In 2009, a computer programming error was uncovered that resulted in the Dept. of L&I refunding $10 million to $15 million more per year more than they were supposed to for the last fifteen years.
BIAW-MSC was set up in order to manage the Retro program. BIAW Member Services Corporation (BIAW-MSC) is a wholly owned for-profit subsidiary of BIAW formed in 1993. BIAW-MSC also sells insurance and runs educational programs.
Campaign Financing
In 2008, the BIAW contributed to Dino RossiDino Rossi
Dino Rossi is an American commercial real estate executive, former Washington State Senator, two-time Republican candidate for Governor of Washington, and former Republican candidate for United States Senate. His first run for the Governor's mansion in the 2004 election became the closest...
for governor. More than $7 million provided by the BIAW was spent on ads. Rossi's top contributor was the BIAW.
The group also spent heavily in 2006 in an attempt to oust state Supreme Court Chief Justice Gerry Alexander
Gerry L. Alexander
Gerry L. Alexander was the Chief Justice of the Supreme Court of the U.S. state of Washington. He was elected to the court in 1994 and re-elected in 2000. Following this election, his colleagues elected him to a four-year term as chief justice. He was re-elected as chief justice in 2004 and...
. The BIAW spent nearly $1 million on the primary campaign. The advertisements said John Groen would do a better job of protecting "our constitutional rights to limited, open and accountable government". TV ads portraying Justice Alexander as an judge too old for the job were bought by the group.
In 2004, more than $500,000 was spent on independent ads by the BIAW to help Dino Rossi. Rob McKenna
Rob McKenna
Robert Marion "Rob" McKenna is the Republican Attorney General of Washington and was elected in November 2004 for a term beginning in January 2005. He won re-election in November 2008 with over 59 percent statewide...
, now Attorney General, received more than $415,000 from the "It's Time for A Change", one of BIAW's PACs. The BIAW gave $150,000 on the campaign of their former lawyer, Jim Johnson, running for State Supreme Court Justice. State Supreme Court justice Richard Sanders received $35,000 from the BIAW.
While the BIAW has been contributing to Republican candidates, Democratic candidates also have received BIAW contributions, including Lt. Gov. Brad Owen
Brad Owen
Bradley Owen is an American politician. He is a member of the Democratic Party and currently serves as the 15th Lieutenant Governor of Washington. Owen is the longest currently serving Lieutenant Governor...
, state Auditor Brian Sonntag
Brian Sonntag
Brian Sonntag is the State Auditor for Washington and a Democrat.Sonntag was first elected to public office in 1978 as Pierce County Clerk, working as the administrative officer for the Superior Courts. On November 4, 1986, he was elected to the office of Pierce County Auditor, an office his...
, Rep. Deb Wallace, Rep. Marko Liias
Marko Liias
Marko Liias is an American politician from Washington. He is currently a Democratic member of the Washington House of Representatives, representing the 21st legislative district...
, Rep. Christine Rolfes, Rep, Al O'Brien, Rep. Pat Sullivan
Pat Sullivan (politician)
Patrick Sullivan is a Democratic representative for the 47th legislative district in the House of Representatives of the State of Washington.-References:...
, Rep. Fred Jarrett
Fred Jarrett
Fred Jarrett is the Deputy King County Executive and a former Democratic member of the Washington State Senate, representing the 41st district since January 2009. He was first elected to the Washington House of Representatives in 2001 as a Republican, serving four terms. He switched parties in...
, Rep. Judy Clibborn, Rep. Deb Eddy, Rep. Ross Hunter, Rep. Liz Loomis, Rep. Larry Springer
Larry Springer
Lawrence S. "Larry" Springer is a Democratic member of the Washington House of Representatives, representing the 45th district since 2004. He currently serves as the Majority Floor Leader.-External links:* official WA House website* profile...
, Sen. Mary Margaret Haugen
Mary Margaret Haugen
Mary Margaret Haugen is a Washington state senator and chairwoman of the Senate Transportation Committee. She has served Washington's 10th district as a state senator since 1993; her current term expires in January 2012....
, Sen. James Hargrove
James Hargrove
Washington State Senator Jim Hargrove represents the 24th District .-External links:*...
, and Rep. Dave Quall
Dave Quall
David Spencer Quall , American politician, has served Washington's 40th legislative district for seven terms....
.
The BIAW uses PACs
Political action committee
In the United States, a political action committee, or PAC, is the name commonly given to a private group, regardless of size, organized to elect political candidates or to advance the outcome of a political issue or legislation. Legally, what constitutes a "PAC" for purposes of regulation is a...
to fund various campaigns. BIAW has several PACs. Washington Affordable Housing Council, "It's Time for a Change" and "Walking for Washington". The same legal contact information appears for all BIAW PACs.
The BIAW also gives funds to local affiliates such as the Master Builders Association of King and Snohomish Counties
Master Builders Association of King and Snohomish Counties
The Master Builders Association of King and Snohomish Counties is a trade association of homebuilders, remodelers and associated businesses in the state of Washington...
, and the Home Builders Association of Kitsap County.
Legal challenges
In 2008 a letter to Attorney General Rob McKennaRob McKenna
Robert Marion "Rob" McKenna is the Republican Attorney General of Washington and was elected in November 2004 for a term beginning in January 2005. He won re-election in November 2008 with over 59 percent statewide...
and three county prosecutors accused the BIAW of amassing $3.5 million in an illegal secret fund for its campaign to defeat Democratic Gov. Christine Gregoire. It also claims that the builders associations failed to properly register as "political committees" or report where the money is coming from. The accusation comes from a group led by two former Democratic state Supreme Court justices Faith Ireland
Faith Ireland
Faith Ireland is an American lawyer and former judge in the state of Washington. A native of the state, she was a county trial judge for 15 years before serving as an associate justice for one term on the Washington Supreme Court from 1999 to 2005...
and Robert Utter. The group said it would sue if the government attorneys do not take action against the BIAW and two local builders associations. PDC investigators dismissed the claims that the BIAW is acting as a PAC. The PDC did find evidence that the BIAW-MSC was improperly concealing its role in bundling about $585,000 in workers' compensation refunds for donation to the BIAW's political arm. McKenna filed a lawsuit against the Master Builders Association of King and Snohomish Counties
Master Builders Association of King and Snohomish Counties
The Master Builders Association of King and Snohomish Counties is a trade association of homebuilders, remodelers and associated businesses in the state of Washington...
and a second lawsuit against the BIAW-MSC, a subsidiary of the BIAW. King County Superior Court Judge Paris Kallas required Rossi to testify about his personal involvement in the building association's fundraising campaign a few days before the 2008 election. Rossi did not remember details about his dealings with the BIAW and stated the lawsuit was a "phony complaint by political operatives".
Homeowner protection legislation
The BIAW opposes regulations that constrain the home builder. They say the regulations add additional costs to homes. According to Damon Doyle, former president of the Building Industry Association of Washington, “Builders are not opposed to warranties. Builders are opposed to broad, vague and involuntary mandatory warranties.” “We have to look out for the consumers who are obligating themselves to 30-year mortgages,” said Rep. Brendan WilliamsBrendan Williams
Brendan Williams is Deputy Commissioner in the Office of the Washington State Insurance Commissioner in Olympia, Washington. He served as a Democrat member of the Washington House of Representatives, representing the 22nd district from 2005 to 2011....
, D-Olympia.
The industry association opposed HB 1391. The legislation would have mandated a warranty for all new residences. The BIAW says there is no insurance product available to cover builders and that the bill prohibits anyone choosing to waive the implied warranty of habitability. The group also says that it is simply a new and easier way to sue builders. Heavily amended, the bill passed the House on to the Senate. According to the BIAW, it was defeated there with the help of Democratic Senator Mary Margaret Haugen
Mary Margaret Haugen
Mary Margaret Haugen is a Washington state senator and chairwoman of the Senate Transportation Committee. She has served Washington's 10th district as a state senator since 1993; her current term expires in January 2012....
.
A similar bill SB5895 was introduced in the Senate by Democrat Sen. Rodney Tom
Rodney Tom
Rodney Tom is an American politician, currently representing Washington's 48th Legislative District in the state Senate and a member of the Democratic Party.- Personal life :...
sought to impose warranties on all new homes, mandating third-party inspections prior to closing. The BIAW worked with the Democratic Speaker of the House Frank Chopp
Frank Chopp
Frank Chopp is a Democratic member of the Washington House of Representatives, representing the 43rd district since 1995. He is the current Speaker of the House. His district covers the neighborhoods of Fremont, Wallingford, the University District and Madison Park, all in Seattle.-Biography:Frank...
to defeat this legislation.
BIAW has put proposals before the Washington State Building Code Council to remove mandatory statewide fire sprinkler requirement for new homes.
Land-use regulations
The BIAW opposed connecting Climate ChangeClimate change
Climate change is a significant and lasting change in the statistical distribution of weather patterns over periods ranging from decades to millions of years. It may be a change in average weather conditions or the distribution of events around that average...
with growth legislation. The BIAW opposes critical areas ordinances (CAO). In Thurston County BIAW et al. v. WWGMHB (Western Washington Growth Management Hearings Boards) et al., the Court agreed with the BIAW.
Environmental regulations
According to an article in the Seattle Post-Intelligencer, the BIAW is Washington state's biggest lobby against climate change, open space, and other environmental legislation. According to the same source, the group's newsletter has gone so far to equate environmentalists with terrorists. The BIAW is unlike other business groups in Olympia according to environmental lobbyist Clifford Traisman. "They are to the far right of most business in Washington state," Traisman says. "They believe the free market should rule supreme."In 2005, the southern resident orcas were designated an endangered species. In 2006, the BIAW along with the Washington Farm Bureau sued the government to remove orcas from the endangered list. The legal challenge was thrown out of U.S. District Court.
In 2007, the group challenged the Endangered Species Act (ESA) that protects threatened and endangered salmon across the West.
In 2008, the BIAW, in their newsletter Building Insight, equated the Earth Liberation Front
Earth Liberation Front
The Earth Liberation Front , also known as "Elves" or "The Elves", is the collective name for autonomous individuals or covert cells who, according to the ELF Press Office, use "economic sabotage and guerrilla warfare to stop the exploitation and destruction of the environment".The ELF was founded...
, classified as the top "domestic terror" threat in the United States by the Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
in March 2001, with “Nazis and terrorists."
In 2009, the BIAW has been fighting environmental legislation such as solar water heaters in new homes.
Worker protection
In 2003, the BIAW ran a signature drive for I-841 to repeal the state's ergonomic regulations and strip the Director of the Department of Labor and Industries of making any further ergonomic rules. The initiative also promised the voters that repeal of the ergonomic regulations would "aid in creating jobs and employing the people of Washington." According to the Kitsap Peninsula Business Journal, experts estimated complying with the ergonomics rule would have cost businesses $725 million for the first year alone. At the time, Washington was the only state with an ergonomics rule. In an opposing opinion piece, the Seattle Post-IntelligencerSeattle Post-Intelligencer
The Seattle Post-Intelligencer is an online newspaper and former print newspaper covering Seattle, Washington, United States, and the surrounding metropolitan area...
contends that "Initiative 841 runs roughshod over the working public's right to safety, the normal processes of government and the state's power. Instead of fine-tuning ergonomics rules adopted by the state Department of Labor and Industries, the initiative asks voters to bulldoze aside protections against repetitive injuries." The BIAW and its members spent more than $1 million on the initiative. They outspent labor unions opposing it two to one.
The Yakima Herald-Republic
Yakima Herald-Republic
The Yakima Herald-Republic is a newspaper published in Yakima, Washington and distributed throughout Yakima, Kittitas and Klickitat counties as well as northwest Benton County. It is Washington state's seventh largest daily newspaper. The newspaper traces its roots to the late 19th...
supported the initiative.