Author Archives: brianzylstra

Senate unanimously passes Padden bill to remove red tape from construction of smaller condominiums

The Senate today unanimously approved a bill from 4th District Sen. Mike Padden that would help encourage home ownership in Washington by making it easier for smaller condominium buildings to be constructed.

Senate Bill 5058 would exempt buildings with 12 or fewer units that are no more than two stories high from the definition of “multiunit residential building.” The Senate passed it 48-0.

“Washington has one of the lower homeownership rates in the nation, and this bill would help our state address this problem,” said Padden, who mentioned that the bill has received support from cities with limited land area.

“These smaller condominiums would still have the same building requirements that a townhouse or single-family house would have,” added Padden.

The video of Padden’s floor speech in support of SB 5058 can be viewed here.

During its public hearing in the Senate Law and Justice Committee in January, the bill received support from several groups and individuals, including Spokane Valley City Council member Arne Woodard, who told the committee, “Throughout Washington state, including the Spokane Valley, we need more homeownership opportunities. Condominiums provide a great opportunity for homeownership…To capture homeownership opportunities, we need to change those Washington state laws that are preventing condominiums from being constructed. We need to cut the red tape. Senate Bill 5058 does exactly that for small condominiums with 12 units or less.”

Others testifying in favor of SB 5058 included the Building Industry Association of Washington, Master Builders, Washington Realtors and Jim Frank of Greenshore New Beginning Homes. TVW’s coverage of the bill’s hearing can be viewed here.

SB 5058 now goes to the House of Representatives for further consideration.

Senate Democrats choose to ‘study’ police pursuit issue instead of fixing it

Note: The following e-newsletter was sent to Sen. Padden’s subscribers Feb. 9, 2023. To subscribe to Sen. Padden’s newsletter, click here.

One of the key issues needing legislative action during this year’s session is public safety. In recent years, Washington has seen a disturbing increase in crime, some of it encouraged by recent laws passed by the Democratic majority in the Legislature that soften penalties on criminal behavior or make it harder for law-enforcement officers to do their jobs to protect communities.

According to a KIRO-TV story broadcast this week, the Seattle Police Department’s year-end crime report revealed that crime increased by 4% in Seattle last year compared to 2021. Homicides were up 24%. Gun violence reached an all-time high with 739 incidents, beating the record set in 2020. And motor vehicle thefts were at a 15-year high.   

Because of the significant increase in crime, people throughout Washington want the Legislature to take action to effectively address it.   

Unfortunately, there are signs we won’t see the kind of action that citizens are demanding. The issue of police pursuits of suspects appears to be going in the wrong direction this session.

Sen. Padden listens to a bill hearing during a Senate Law and Justice Committee meeting this session.

Democrats in the Legislature changed state law in 2021 to limit the ability of officers to pursue suspects. Before the change, officers only needed “reasonable suspicion” to initiate a vehicle pursuit of suspects. The new law only allows such vehicle pursuits based on “probable cause.” As a result, officers have been forced to watch criminals drive off. It also has emboldened criminals to commit other crimes and victimize others.           

According to the Washington State Patrol, between 2014 and 2020 an average of 1,200 suspects per year fled from police. In 2022, after the pursuit standard was changed to probable cause, 3,100 suspects fled — an increase of more than 150%. Before the change in this law, the statewide record for stolen cars in a single year was 30,000. That climbed by 50% for 2022, to 45,000 stolen vehicles.

Before this session began, I introduced Senate Bill 5034, which would change state law to again make it easier for law-enforcement officers to pursue suspects in vehicles. Unfortunately, Sen. Manka Dhingra, the chair of the Law and Justice Committee, won’t even schedule this bill for a public hearing.   

The bill that Sen. Dhingra and the Senate Democrats apparently view as a “fix” to the vehicle pursuit problem is Senate Bill 5533, which actually doesn’t take any action now to address it. Instead, SB 5533 would create a model vehicle pursuit work group within the state Criminal Justice Training Commission, with the work group required to report back to the Legislature by Oct. 31, 2024. In other words, the majority party is choosing to kick this issue down the road for another 18 months or more instead of tackling the problem now, as it should. SB 5533 is now before the Ways and Means Committee.

If you have questions about how to participate in state government this year or thoughts to share on anything in this e-newsletter, please give me a call or send me an email.

Thank you, as always, for the honor of serving as your state senator!

Best Regards,

Senator Mike Padden

Senate committee hears Padden bill to increase penalty for drug possession

Thanks in part to a surprising decision by the state Supreme Court two years ago and a bill passed the Legislature shortly afterward that essentially decriminalizes the possession of hard drugs, our state is seeing a shocking increase in drug-related deaths.  

According to the state Department of Health, 2,264 people in Washington died of a drug-related overdose in 2021, compared to 1,731 drug-overdose deaths in the state in 2020 and 1,259 in 2019.

Back in February 2021, in the Supreme Court’s decision in State v. Blake, the justices ruled Washington’s felony drug-possession statute was unconstitutional because it criminalized possession even when a person did not knowingly have drugs.

Two months after this ruling, the Legislature passed Senate Bill 5476 as a temporary fix. This law reduced the criminal penalty for possessing an illegal drug like fentanyl, heroin and methamphetamine from a felony to a gross misdemeanor.           

There is general agreement that the action taken by the Legislature in response to Blake did not work. The law created by SB 5476 expires this year, so we need to take new action this session. There needs to be proper leverage to get drug offenders into treatment. A gross misdemeanor charge won’t compel them to get into treatment as much as a felony charge.

The Senate Law and Justice Committee on Monday held a public hearing on a bill I introduced this session that aims to reverse the alarming trend in fentanyl use and fentanyl-related deaths in Washington.

Senate Bill 5035 would make possession or use of illegal drugs like fentanyl, meth and heroin a class C felony, with opportunities for drug court participation.

Spokane resident Molly Cain signed up in support of SB 5035. Cain testified on Feb. 1 during the U.S. House Energy and Commerce Committee’s Health Subcommittee legislative hearing on the fentanyl crisis. Part of Cain’s congressional testimony can be viewed here. Cain’s son, Carson, died of fentanyl poisoning in 2020 at age 23. 

The Democrats’ law that decriminalized drugs has been an absolute and costly failure. We need to fix this crisis, and SB 5035 would help us do that, including a chance for offenders to go into drug diversion programs.

Unfortunately, SB 5035 was not brought up for a vote by the Law and Justice Committee as part of the committee’s response to the Blake decision.  

Earlier this week, I did radio interviews about the issue of criminalizing possession of fentanyl and other dangerous drugs. You can listen to my interview with KXLY Radio here and my interview with Seattle-based KTTH Radio talk show host Jason Rantz here.  

Update on other Padden bills

The 2023 legislative session is nearing the end of its fifth week. Feb. 17 is the last day for Senate policy committees to pass Senate bills, and Feb. 24 is the cutoff date for Senate bills to be approved by the Senate “fiscal committees” – Ways and Means, and Transportation.

Besides the bills mentioned above, several of my other bills have cleared the Senate policy-committee hurdle or are in the Ways and Means Committee. Here is a rundown of these proposals:

  • Senate Bill 5032, known as the DUI “lookback bill,” is in Ways and Means after being passed last week by the Senate Transportation Committee. This bipartisan bill aims to reduce impaired driving in Washington by expanding the period for reviewing prior convictions of impaired driving to 15 years, from the 10 years currently in state law, when determining whether a new offense of impaired driving is charged as a felony. Ways and Means has scheduled a public hearing on the bill next Monday at 4 p.m.
  • Senate Bill 5033, a bipartisan measure that imposes tougher punishment when a jail guard or prison guard commits the crime of custodial sexual misconduct against an inmate, is on the Senate’s second reading calendar after being passed by the Senate Rules Committee earlier this week. The entire Senate could vote on it any day now.
  • Senate Bill 5056 would require someone who is found to be a “habitual property offender” to be sentenced to an additional 24 months in confinement for a Class B felony and an additional 12 months for a Class C felony. SB 5056 was passed this morning by the Law and Justice Committee.
  • Senate Bill 5058 would help encourage home ownership in our state by making it easier for smaller condominium buildings to be constructed. It specifically would exempt buildings with 12 or fewer units that are no more than two stories from the definition of multiunit residential building. SB 5058 is on the Senate’s second reading calendar, which means this bipartisan proposal could receive a Senate floor vote soon.
  • Senate Bill 5096, a bipartisan proposal that would aid businesses looking to adopt an employee stock ownership plan (ESOP) corporate structure, received a public hearing in Ways and Means Monday.
  • Senate Bill 5218 received a public hearing Tuesday in the Ways and Means Committee after being approved by the Senate Health and Long Term Care Committee. The bipartisan bill would provide tax relief to people who require specialized, medically prescribed equipment such as custom wheelchairs. The bill received a public hearing Tuesday in Ways and Means. Former WSU and New Orleans Saints football player Steve Gleason, who suffers from ALS (or Lou Gehrig’s disease) provided written testimony in support of the proposal.
  • Senate Bill 5226, which would require the Department of Corrections to prioritize staffing to pursue active warrants for community-custody violators, was passed Tuesday by the Senate Human Services Committee. It now is in Ways and Means.
  • Senate Bill 5578, which would address service requirements for appeals of decisions by the state Board of Tax Appeals, was passed this morning by the Law and Justice Committee. It now goes to the Senate Rules Committee.

Spokane Valley teen serves as Senate page

One of the nice things about the legislative session is sponsoring teenagers to serve in the Senate Page Program.

This week I sponsored Micah Smith (in photo above), a 16-year-old Spokane Valley resident. Micah, who is homeschooled, is involved in the Spokane youth symphony orchestra. She also competes on a debate team. I enjoyed chatting with Micah during her week in Olympia. She did a good job as a page and I hope she enjoyed her experience at the Capitol.  

The teens who work as Senate pages spend a week at the Capitol and deliver messages and other materials to senators and legislative staff. Pages also attend Page School where they learn about the legislative process.

Students ages 14-16 can serve as a Senate page, though the Legislature has made a one-time exception for the week of April 3-7 for students ages 17-18 who were unable to participate as a page in 2021-22 due to the pandemic. To learn more about the Senate Page Program, click here.     

Legislature should not force people to vote

Because elections and voting are important issues for many people throughout Washington, it isn’t surprising to see several bills each session that relate to elections.

Several Senate Democrats have introduced legislation this session that would require – that’s right, require – eligible Washingtonians to vote. Senate Bill 5209 was passed by the Senate State Government and Elections Committee this Tuesday. This measure specifically would require every eligible voter to either register to vote or obtain a waiver from the obligation to register to vote. It also would require that every registered voter return a ballot for each primary and general election.       

I oppose this bill and will vote no if it reaches the Senate floor. Voting should be a civic duty, not a required law.

After the State Government and Elections Committee held a public hearing on SB 5209 on Jan. 31, my fellow Senate Freedom Caucus members – 19th District Sen. Jeff Wilson, 31st District Sen. Phil Fortunato and 2nd District Sen. Jim McCune – joined me in publicly criticizing this proposal. As I noted in our news release, compulsory voting is a bad idea. Just as freedom of speech also means the freedom to not speak, our right to vote also means the freedom to not vote, if that is how someone chooses. This bill goes against our rights, our liberties and the freedoms that Americans hold dear. If this bill becomes law, it will take us a step toward authoritarianism. We don’t want to be like North Korea, where every adult is forced to vote – or else.

Earlier this week, I did a Zoom interview with Spokane’s KREM-TV on SB 5209. The interview will be part of a report that is to air later this month.

Bad bill watch: House Bill 1333

Every legislative session, some bills sail through the Legislature unchanged, while other bills have merit but need reworking to become acceptable to a majority of legislators. Then there are bills that are just bad and need to be defeated.

House Bill 1333 is on this dubious list of bad bills. It would establish something called the Domestic Violent Extremism Commission, which would be run by the attorney general’s office. Seven of the 13 members would be appointed by the state attorney general, with another member coming directly from the AG’s office. The governor also would appoint a member, leaving four slots for the four legislative caucuses to fill (one per caucus). If that bill becomes law this year, Attorney General Bob Ferguson would get to choose most of the commission members, and his office would run the meetings. Does that sound fair and balanced to you? 

During the public hearing on HB 1333 in the House State Government and Tribal Relations Committee, opponents correctly testified that this proposal is an overreach of government and might chill freedom of speech. As one noted, this bill compares neo-Nazism with someone who considers themselves a patriot and will make people afraid to speak their opinions for fear of being labeled or penalized as a domestic violent extremist.  

This troublesome measure is now in the House Appropriations Committee after being approved by the state government  committee last week. If it reaches the Senate, you can be assured that I will strongly oppose it.           

Contact us!

If you have a question or concern about state government, please do not hesitate to contact our office. During the session we are conducting business from our Senate office in Olympia. We are here to serve you!

Phone: (360) 786-7606

Olympia Office: 215 Legislative Modular Building, Olympia, WA 98504-0404

Email address: Mike.Padden@leg.wa.gov

PLEASE NOTE: Any email or documents you provide to this office may be subject to disclosure under RCW 42.56. If you would prefer to communicate by phone, please contact Sen. Padden’s Olympia office at (360) 786-7606.

To request public records from Sen. Padden, please contact Randi Stratton, the designated public records officer for the Secretary of the Senate and Senate members.

Committee passes Padden bill to keep repeat property offenders behind bars longer

A bill from 4th District Sen. Mike Padden that could keep repeat property offenders behind bars longer was approved today by the Senate Law and Justice Committee.

Senate Bill 5056 would require that someone who is found to be a habitual property offender to be sentenced to an additional 24 months in total confinement for a Class B felony, and an additional 12 months for a Class C felony.

“We have a real crisis in the explosion of property crimes, including auto thefts, catalytic converter thefts and electric charging equipment,” said Padden, R-Spokane Valley. “What this bill tries to do is keep habitual, repeat offenders behind bars for longer periods of time. If you remove repeat offenders, the property crime rate will decrease substantially. In talking with law enforcement, I’ve learned that relatively few people commit most of the crimes in this area.”

Under an amendment to the bill that was passed by the committee today, it is up to a judge’s discretion whether a defendant is a habitual offender and if the defendant should be in total confinement.

During the public hearing on SB 5056 on Tuesday, officials with the Washington Retail Association and Washington Association of Sheriffs and Police Chiefs testified in favor of the proposal, as did Jessica Laughery of Hutton Settlement. TVW’s coverage of the public hearing can be viewed here.

SB 5056 is expected to go to the Senate Rules Committee for further consideration.

Padden bill to increase penalty for drug possession receives committee hearing

The Senate Law and Justice Committee held a public hearing today on a bill introduced by 4th District Sen. Mike Padden that aims to reverse the alarming trend in fentanyl use and fentanyl-related deaths in Washington.

Padden’s measure, Senate Bill 5035, would make possession or use of illegal drugs like fentanyl, methamphetamine and heroin a class C felony, with opportunities for drug court participation.

“In 2021 the Democrat majority in the Senate passed Senate Bill 5476, which de facto decriminalized possession of hard drugs, such as fentanyl, meth and heroin,” said Padden, R-Spokane Valley. “It’s no wonder fatal drug overdoses are hitting record numbers in Washington. The Democrats’ law that decriminalized drugs has been an absolute and costly failure. We need to fix this crisis, and Senate Bill 5035 would help us do that, including a chance for offenders to go into drug diversion programs.”

SB 5035 is one of several proposals heard by the Senate Law and Justice Committee today that seek to provide a new legislative response to the state Supreme Court’s February 2021 decision in State v. Blake. The justices ruled Washington’s felony drug-possession statute was unconstitutional because it criminalized possession even when a person did not knowingly have drugs. SB 5476, which was passed by the Legislature two months after the high court handed down its decision, is a temporary fix that expires this summer.

“There is general agreement that the action taken by the Legislature in response to Blake did not work. Senate Bill 5476 expires this year, so we need to take new action this session. We need the proper leverage to get those people into treatment. A misdemeanor charge won’t compel them to get into treatment as much as a felony charge,” said Padden.

SB 5035 is scheduled to receive a vote in the Law and Justice Committee on Thursday.

According to the state Department of Health, 2,264 people in Washington died of a drug-related overdose in 2021, compared to 1,731 drug-overdose deaths in the state in 2020 and 1,259 in 2019.

Spokane resident Molly Cain signed up in support of SB 5035. Cain testified on Feb. 1 during the U.S. House Energy and Commerce Committee’s Health Subcommittee legislative hearing on the fentanyl crisis. Part of Cain’s congressional testimony can be viewed here. Cain’s son, Carson, died of a fentanyl poisoning in 2020 at age 23.

Committee backs bills to hold felons, corrections officers accountable

Note: The following e-newsletter was sent to Sen. Padden’s subscribers Feb. 3, 2023. To subscribe to Sen. Padden’s newsletter, click here.

Dear friends and neighbors,

Officers who work in Washington’s correctional facilities are part of the law-enforcement community just as much as the officers who patrol our communities and investigate crimes. Like all the other people we entrust to administer justice, corrections officers must be held to a high standard, especially considering the unique level of authority they have over people in custody.

The crime of first-degree custodial sexual misconduct is already a Class C felony, but that unfortunately does not seem to be having the appropriate deterrent effect. I introduced Senate Bill 5033 to reclassify this crime as a Class B felony, which would allow a prison term of 10 years instead of the current five-year maximum.

The Law and Justice Committee heard testimony about the bill on Monday, as reported by KING-TV in Seattle (click here to view the report). The committee unanimously passed SB 5033 yesterday. I expect it will be sent to the Senate Rules Committee, which acts as a final gatekeeper before bills that have been passed by other Senate committees can reach the Senate floor.

If you have questions about how to participate in state government this year or thoughts to share on anything in this e-newsletter, please give me a call or send me an email.

Thank you, as always, for the honor of serving as your state senator!

Best Regards,

Senator Mike Padden

Panel hears bill requiring pursuit of community-custody violators

One of the problems with Washington’s criminal-justice system is the state Department of Corrections’ failure to prioritize the pursuit of felons who have violated terms of their community supervision, which leaves them free to commit more crimes.

Senate Bill 5226 aims to address that problem. It would require the Department of Corrections to prioritize staffing to pursue active warrants for community-custody violators. In doing so, my bill tries to refocus the agency on its highest duty, which is public safety – because that duty is not being carried out if arrest warrants are going unserved.

This proposal resulted from a 2016 Senate investigation into the premature release of about 3,000 prisoners from the Department of Corrections. Information related to that investigation can be viewed here.

Offenders who have warrants out on them are more prone than others to reoffend. By serving these warrants, we can see some positive changes, including the possibility that these people will not reoffend.

Spokane County Prosecuting Attorney Larry Haskell, Spokane County Sheriff John Nowels and Spokane Police Chief Craig Meidl testified remotely from Spokane in favor of the proposal. Their willingness to offer support is greatly appreciated; that testimony can be seen here.

DUI ‘lookback’ bill clears
second committee hurdle

The Senate’s 12 policy committees have until Feb. 17, or a little more than two weeks from now, to act on Senate bills. When a bill passed by a policy committee has a budget component, it almost always goes before a fiscal committee as well. That means more work for the Senate’s two fiscal committees, which is why they are given an additional week to decide which bills move ahead.

My Senate Bill 5032, known at the Capitol as the DUI “lookback” bill, received the Senate Transportation Committee’s endorsement on Monday. It aims to reduce impaired driving in Washington, and had already been approved at the policy level, by the Senate Law and Justice Committee.

The Senate’s 12 policy committees have until Feb. 17, or a little more than two weeks from now, to act on Senate bills. When a bill passed by a policy committee has a budget component, it almost always goes before a fiscal committee as well. That means more work for the Senate’s two fiscal committees, which is why they are given an additional week to decide which bills move ahead.

My Senate Bill 5032, known at the Capitol as the DUI “lookback” bill, received the Senate Transportation Committee’s endorsement on Monday. It aims to reduce impaired driving in Washington, and had already been approved at the policy level, by the Senate Law and Justice Committee.

SB 5032 would expand the period for reviewing prior convictions of impaired driving to 15 years, from the 10 years now in state law, when determining whether a new offense of impaired driving is charged as a felony. The proposal would increase the penalty from a gross misdemeanor to a felony offense for any person who has three or more prior DUI offenses within that “lookback” period.

Transportation is a fiscal committee, and ordinarily a bill that has received fiscal-committee approval proceeds directly to the Senate Rules Committee. For some reason – perhaps because it would increase the prison population, which costs money – SB 5032 is instead headed for Ways and Means, the Senate’s other budget committee. Considering half of the sponsors of this bill are also members of Ways and Means, this added stop should not be a roadblock.

Other bills still moving:

  • Senate Bill 5218, which would provide tax relief to people who require specialized, medically prescribed equipment such as custom wheelchairs — “complex rehabilitation technology products,” as the legislation puts it. SB 5218 is scheduled for a public hearing Feb. 7 before the Senate Ways and Means Committee, after receiving approval from the Senate Health and Long Term Care Committee.
  • Senate Bill 5096, which would aid businesses looking to adopt an employee stock ownership plan (ESOP), is also before the Senate Ways and Means Committee after being passed last week by the Business, Financial Services, Gaming and Trade Committee. Ways and Means has through Feb. 24 to take action.

Washington has a shortage of homes that people can afford to buy – especially those looking for their first home – and the staggering cost of regulations is a big reason why. The Building Industry Association of Washington recently compiled the latest numbers showing how the cost of a home is inflated by a variety of government-controlled factors. I am a co-sponsor of Senate Bill 5027, to promote housing affordability and home construction; it has received a public hearing before the Senate Housing Committee, a new panel for 2023.

West Valley student
serves as Senate page

It is a joy to see young people from across our state come to the Capitol to serve as pages for the Legislature. This week I had the honor of sponsoring Hadassah Duff as a Senate page. She is the 15-year-old daughter of Jaime Colds-Duff and Rocky Duff of Spokane, and a sophomore at West Valley High School. Hadassah is involved in cross country and track, National Honors Society, and is the president of her school’s HOSA (Health Occupation Students of America) club. 

Celebrating and honoring
Americans of Chinese Descent

Those of us serving in the Legislature know January as the month that our annual sessions begin, as specified in Washington’s constitution. If Senate Bill 5000 becomes law, January will also become “Americans of Chinese Descent Month” in our state.

The Senate passed SB 5000 unanimously this week, with the prime sponsor – Sen. Keith Wagoner, R-Sedro-Woolley – noting how the designation is a perfect fit for Washington, as Americans of Chinese descent make up the largest percentage of Asian-Americans in our state.

This bill also would encourage public schools to remember and honor the many contributions and achievements made by the Chinese-American community, and designate time for appropriate activities in commemoration of our state’s complicated history with the Chinese community – “the good and the bad,” as Senator Wagoner put it.

There’s a heartwarming tie between this bill and our legislative district, as I noted when speaking in the Senate chamber prior to our vote (click here to view my remarks). In January, Central Valley High School student Lucy He received a legislative certificate of appreciation for winning the Chinese American History Month national essay contest, sponsored by Asians for Equality – a group that also testified in support of SB 5000 at the committee level.

The connection became deeper when Dr. John Parker, the Central Valley School District’s new superintendent, also spoke in favor of the legislation, with a compelling recollection of the three years he and his wife, Ashley, spent at Shanghai Community International School in Shanghai, China.

The Senate unanimously passed a version of this legislation in 2022, but it was not brought to a vote in the House. Hopefully SB 5000 will become law this year, so we can mark Americans of Chinese Descent Month in 2024; either way it was uplifting to hear senators offer their respect to those in the Chinese-American community before passing the bill.

Contact us!

If you have a question or concern about state government, please do not hesitate to contact our office. During the session we are conducting business from our Senate office in Olympia. We are here to serve you!

Phone: (360) 786-7606

Olympia Office: 215 Legislative Modular Building, Olympia, WA 98504-0404

Email address: Mike.Padden@leg.wa.gov

PLEASE NOTE: Any email or documents you provide to this office may be subject to disclosure under RCW 42.56. If you would prefer to communicate by phone, please contact Sen. Padden’s Olympia office at (360) 786-7606.

To request public records from Sen. Padden, please contact Randi Stratton, the designated public records officer for the Secretary of the Senate and Senate members.

Despite Republican objections, committee passes incomplete ‘police pursuit’ bill

Democrats on the Senate Law and Justice Committee yesterday turned back new attempts by Republicans to fix a criminal-friendly flaw in Washington’s law regarding police pursuits of suspected criminals. They stuck instead to a partisan approach that would delay a solution for at least 18 months, and do nothing in the meantime to address the spike in crime seen since new pursuit restrictions took effect in July 2021.

As passed by the committee, Senate Bill 5533 would create a “model vehicle pursuit policy work group” within the state Criminal Justice Training Commission. The work group would comprise both community and law-enforcement stakeholders, including the Washington Association of Sheriffs and Police Chiefs, the Washington Fraternal Order of Police, a community organization working on traffic-safety issues, and a statewide organization working on police accountability. The CJTC would be required to present the model vehicle pursuit policy to the Legislature by Oct. 31, 2024.

“This bill won’t fix the problems caused by not allowing law-enforcement officers to use ‘reasonable suspicion’ when they decide whether to engage in vehicle pursuits of suspects. Instead, it would basically kick this important issue down the road for 18 months, or maybe longer, by having the state Criminal Justice Training Commission start a work group on it,” said 4th District Sen. Mike Padden, R-Spokane Valley. “A key reason why Washington is seeing a spike in crime is because officers are not allowed to pursue suspects in most cases. We need to take action now on this matter, not study it for a year or longer.”

Before the committee passed Senate Bill 5533, Padden, who is the committee’s lead Republican, and another committee member, 39th District Sen. Keith Wagoner, offered amendments to improve the proposal.

Wagoner’s amendment would have kept SB 5533, if passed into law, from taking effect unless the Legislature also passes a bill changing the threshold required for a law-enforcement officer to engage in a vehicular pursuit from probable cause to reasonable suspicion. Wagoner’s amendment was ruled “out of scope” by the Law and Justice Committee chair, 45th District Sen. Manka Dhingra. After Padden challenged the ruling, the committee voted 5-5 on the amendment, which means it did not pass.

After his amendment was rejected, Wagoner spoke to the committee about SB 5533.

“We’ve been hearing from our communities, from our mayors, from our county commissioners, from our police departments, how important it is for us to fix this. I haven’t heard any calls to study it. I’ve heard many calls to fix it, and it is important that we get the fix right. That’s why I support the study and I support the idea of a model policy that protects everyone. But in the meantime, we are not keeping our communities as safe as we could. We can argue about cause and effect…but I know this for a fact: The switch went one way and things got worse. It might be prudent to switch the switch the other way and see if we can at least maintain the status quo or get things better while we study a model policy,” said Wagoner, R-Sedro-Woolley.

“Sometimes, when the Legislature doesn’t want to move on something, we kick it to a joint task force or a study. I don’t want to see that happen with something that is so critically important to the safety of our communities,” added Wagoner.

This video captures Wagoner’s remarks to the committee after his amendment was rejected.

Padden’s amendment would have added required members to the work group and also added additional factors the work group must consider in drafting a model policy for the training and use of vehicular pursuits for officers. The amendment was defeated along party lines. This video shows Padden explaining his amendment.

When James McMahan with the Washington Association of Sheriffs and Police Chiefs testified before the Law and Justice Committee on the bill Monday, he said the Washington State Patrol reports more than 3,100 people have fled from police stops since the 2021 pursuit statute went into play, and about 500 fewer people total have been pursued.

Committee passes Padden bill raising penalty for custodial sexual misconduct

A bipartisan bill that aims to impose longer sentences on sexually abusive jail and prison guards was unanimously approved today by the Senate Law and Justice Committee.

Senate Bill 5033 would reclassify the crime of first-degree custodial sexual misconduct as a Class B felony, allowing a prison term of 10 years instead of the current five-year maximum. The proposal is prime-sponsored by 4th District Sen. Mike Padden, the ranking Republican on the Law and Justice Committee.

“Officers who work in Washington’s correctional facilities are part of the law-enforcement community just as much as the officers who patrol our communities and investigate crimes,” said Padden, R-Spokane Valley. “Like all the other people we entrust to administer justice, corrections officers must be held to a high standard, especially considering the unique level of authority they have over people in custody.

“This crime is already a Class C felony, but that unfortunately does not seem to be having the appropriate deterrent effect. SB 5033 would increase the punishment for corrections officers who sexually assault or abuse inmates in the course of their jobs,” added Padden.

Padden’s bill was inspired by a KING-TV investigation about a Clallam County jail guard, John Gray, who served just over a year in prison after sexually assaulting four women.

During the Law and Justice Committee’s public hearing on SB 5033 earlier this week, Michele Devlin, Clallam County’s chief criminal deputy prosecutor, testified in support of the bill. Devlin prosecuted the 2020 case against Gray, a former Forks jail guard who was convicted in 2021 of two felony and two misdemeanor counts of custodial sexual misconduct and served 13 months of his 20-month sentence.

Another person who testified in favor of the bill was Dawn Reid, the mother of Kimberly Bender, a 23-year-old Quileute woman who died by suicide in her Forks jail cell in 2019 after reporting to city officials that Gray sexually harassed her. Reid asked Padden to name the legislation “Kimberly’s law” in memory of her daughter.

The Law and Justice Committee amended the proposal today by naming it “Kimberly Bender’s law.”

SB 5033 now goes to the Senate Rules Committee for further consideration. The Rules Committee decides which bills passed by other Senate committees may reach the Senate floor.

Padden bill on pursuing active warrants for community-custody violators receives committee hearing

According to 4th Legislative District Sen. Mike Padden, one of the problems with Washington’s criminal-justice system is the state Department of Corrections’ failure to prioritize the pursuit of felons who have violated terms of their community supervision, which leaves them free to commit more crimes.

A bill introduced by Padden aims to address this problem.

Senate Bill 5226 would require the Department of Corrections to prioritize staffing to pursue active warrants for community-custody violators. It received a public hearing today in the Senate Human Services Committee.

Padden, the ranking Republican on the Senate Law and Justice Committee, told the Human Services Committee that the bill resulted from a 2016 Senate investigation into the premature release of about 3,000 prisoners from the Department of Corrections. Information related to that investigation can be viewed here.

“This bill tries to refocus the department on its basic mission – number one, public safety – and also to implement that by serving warrants,” said Padden, R-Spokane Valley.

Padden testified that DOC has many people on community custody who are not incarcerated, adding that oftentimes the warrants for the offenders are not pursued by Corrections.

“Those offenders who have warrants out on them are more prone than others to reoffend,” added Padden. “By serving these warrants, we can see some positive changes, including the possibility that these people will not reoffend.”

TVW’s coverage of Padden’s testimony on SB 5226 can be viewed here.

Spokane County Prosecuting Attorney Larry Haskell, Spokane County Sheriff John Nowles and Spokane Police Chief Craig Meidl testified remotely from Spokane in favor of the proposal. Their testimony can be seen here.

In September 2021, Padden and Republican Sens. Chris Gildon and Keith Wagoner released a follow-up report, “Prison Alarm Bells: Five Years of Failure at the Department of Corrections – and What Washington Can Do About It,” that called attention to the lessons not learned following what Padden considers the worst state-government management debacle in recent memory: the early release of some 3,000 convicts before their sentences expired. The report can be viewed here.

Democrats making extreme attempt to expand abortion

Note: The following e-newsletter was sent to Sen. Padden’s subscribers Jan. 26, 2023. To subscribe to Sen. Padden’s newsletter, click here.

Dear friends and neighbors,

One of the most controversial measures before this year’s Legislature received a public hearing Tuesday morning in the Senate Health and Long Term Care Committee.

Senate Joint Resolution 8202, if passed by the Legislature and then by voters statewide, would give constitutional protection to abortion access in Washington.

As someone who is strongly pro-life, I oppose this extreme and overreaching proposal that was requested by Governor Jay Inslee and is sponsored by 16 Senate Democrats. This measure would move our state toward the “abortion anytime, abortion anywhere” goal that many pro-abortion people want to see realized.

Contrary to what our governor might believe, most people have complex and nuanced views on abortion. According to a national Marist Poll last May, only 24 percent of Americans think abortion should be available at any point during a pregnancy, while 68 percent favor some type of restrictions on abortion. This proposed constitutional amendment could open the door for future legislatures in Washington to ease current restrictions on abortions in our state. 

We need to show our humanity and compassion toward the unborn child as well as the mother, and there are proposals this session that reflect this need. For instance, I have sponsored a proposal (Senate Bill 5098) that would ban abortions of unborn children with Down syndrome. One of my colleagues, 7th District Sen. Shelly Short, has introduced a measure (Senate Bill 5227) that would ban abortions based on sex selection – like aborting a girl simply because the parents want a boy.  

There were 622 people who signed up against SJR 8202 while only 325 signed up in favor of it. Among those opposing it was Bishop Frank Schuster of the Archdiocese of Seattle.

Senate Democratic leaders should consider this strong opposition when deciding whether to move their proposal forward.

You can watch TVW’s coverage of the public hearing by clicking here.

Because SJR 8202 is a proposed constitutional amendment, the Legislature cannot enact it alone – the people get the final say. It would require two-thirds approval in the Senate and two-thirds approval in the House to be placed on the statewide ballot for Washington voters to decide in the 2023 general election in November. 

I think most Washingtonians, even those who generally support abortion, would find this proposal too extreme and unacceptable. I’m hopeful the Legislature will not pass SJR 8202, which could result in abortions becoming even more commonplace in our state.

If you have questions about how to participate in state government this year or thoughts to share on anything in this e-newsletter, please give me a call or send me an email.

Thank you, as always, for the honor of serving as your state senator!

Best Regards,

Senator Mike Padden

Committee passes bill helping employee stock ownership plans 

Testifying on SB 5096 before the Senate Business, Financial Services, Gaming and Trade Committee earlier this month.

You might recall that the Senate Business, Financial Services, Gaming and Trade Committee last week held a public hearing on my proposal (Senate Bill 5096) that would aid businesses looking to adopt an employee stock ownership plan (ESOP) corporate structure.

There was good news early this week when the committee approved SB 5096. This measure specifically would:

  • Create the Washington Employee Ownership Program at the state Department of Commerce to offer technical support and other services to certain businesses considering certain employee ownership structures.
  • Form the Washington Employee Ownership Commission to oversee the program.
  • Provide a business and occupation tax credit for costs related to converting a qualifying business to an employee ownership structure.

The bill now goes to the Senate Ways and Means Committee for further consideration.

Committee OKs bill removing red tape for small condominium building construction  

The Senate Law and Justice Committee this morning passed a bill I’ve introduced that would help encourage home ownership in our state by making it easier for smaller condominium buildings to be constructed.

Senate Bill 5058 would exempt buildings with 12 or fewer units that are no more than two stories from the definition of multiunit residential building.

The bill received support from several groups and individuals during its public hearing on Monday, including Spokane Valley City Council member Arne Woodard, who told the committee, “Throughout Washington state, including the Spokane Valley, we need more homeownership opportunities. Condominiums provide a great opportunity for homeownership…To capture homeownership opportunities, we need to change those Washington state laws that are preventing condominiums from being constructed. We need to cut the red tape. Senate Bill 5058 does exactly that for small condominiums with 12 units or less.” 

Other organizations or individuals testifying in favor of SB 5058 included the Building Industry Association of Washington, Master Builders, Washington Realtors and Jim Frank of Greenshore New Beginning Homes. You can watch TVW’s coverage of the bill hearing here.

Spokane teen works as Senate page

It was my honor and privilege to sponsor Spokane resident Alex Lucas as a Senate page this week. Alex, 14, is an eighth-grader at Saint Charles Catholic School. The son of David and Laura Lucas, he is a Boy Scout and enjoys skiing, hunting, fishing and motorsports.

State Supreme Court hears state income tax case today

In 2021, Democratic majorities in the Legislature passed a measure creating a state income tax, despite arguments by Republicans that this proposal was illegal and unconstitutional. Early last year, Douglas County Superior Court Judge Brian Huber ruled that the state income-tax law was indeed unconstitutional, but proponents of the tax appealed in the hope that the state Supreme Court would hear the case and rule in their favor. They are aware that a majority of the nine justices were appointed by Democratic governors who support a state income tax.

The Supreme Court last summer announced that it would consider the appeal. After months of anticipation by those following this contentious issue, the justices are holding its hearing on the state income-tax case today. To watch TVW’s coverage of the hearing, click here. 

Last week, The Seattle Times published an op-ed piece that argued why the state Supreme Court should agree with the Douglas County judge and toss the state income tax out. This part is especially worth reading:

Did you know Washington’s Supreme Court could approve a new “excise tax” that will follow you wherever you go? Did you know that over the past 12 years the state has experienced a 150% increase in tax revenue — from $26 billion to $66 billion? Do you believe that, even with this spectacular increase in revenue that the state Legislature would ever cut “regressive” taxes on sales, gas, soda or liquor?

If you answered no, no, and no, you are not alone.

Next Thursday, Jan. 26, the state Supreme Court will hear arguments about the legality of a new tax. The state Legislature invented this tax in 2021, despite having a $10 billion surplus, under an “emergency” clause. By using the emergency clause, it circumvented the will of Washington state residents who have traditionally had a say on any major tax changes via initiative or referendum. In fact, it is clear the citizens don’t want this excise tax as they rejected it 61% to 39% in a statewide advisory vote in November 2021.

The state also claims that this new tax is a legal “excise tax” on personal income from capital gains. The problem is that an excise tax is typically paid on things like retail sales, gas or liquor and collected where the items are purchased. But this new tax is on your income earned anywhere, which means it’s an illegal excise tax that would follow you wherever you go. Or to put it another way, it’s like Washington state charging you an additional gas tax on gas you bought in Oregon or any other state! 

Meeting with Spokane Conservation District officials

Yesterday morning I met with Brittany Tyler (left) and Vicki Carter (right) in my office to discuss their goal to have a permanent farmers market in the Spokane region. Vicki is the director of the Spokane Conservation District and Vets on the Farm.  We had a good chat. It was nice of Brittany and Vicki to make the long trip to Olympia this week.   

Radio interviews on public safety issues

During a legislative session, radio stations or talk-show hosts in the Northwest reach out to me to comment on bills or issues before the Legislature. The past week was no exception.

After the Senate Law and Justice Committee last week passed my proposal (Senate Bill 5032) to combat impaired driving, KOMO Radio in Seattle aired a story about the committee’s vote to advance it. You can hear my comments from an audio news release that KOMO Radio used for its story.

Earlier this week, Portland-based talk-show host Lars Larson, whose program is carried by many radio stations throughout the Northwest, interviewed me live on the air about bills before the Legislature this session that deal with the possession of hard drugs. You can hear the interview with Lars here.

Contact us!

If you have a question or concern about state government, please do not hesitate to contact our office. During the session we are conducting business from our Senate office in Olympia. We are here to serve you!

Phone: (360) 786-7606

Olympia Office: 215 Legislative Modular Building, Olympia, WA 98504-0404

Email address: Mike.Padden@leg.wa.gov

PLEASE NOTE: Any email or documents you provide to this office may be subject to disclosure under RCW 42.56. If you would prefer to communicate by phone, please contact Sen. Padden’s Olympia office at (360) 786-7606.

To request public records from Sen. Padden, please contact Randi Stratton, the designated public records officer for the Secretary of the Senate and Senate members.