Author Archives: brianzylstra

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

A bill from 4^th District Sen. Mike Padden that could keep repeat property offenders behind bars longer was approved today by the Senate on a 38-10 vote.

Senate Bill 5056 would allow prosecutors to seek up two additional years on a sentence for first-degree robbery offenders if they can prove beyond a reasonable doubt that the defendant is a habitual property offender.

“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. That will decrease the property-crime rate substantially. In talking with law-enforcement officers, I’ve learned that relatively few people commit most of the crimes in this area.”

Under the measure, prosecutors can seek the special allegation if the defendant meets certain criteria related to their criminal history and recent, repeat instances of property crime.

During the Senate Law and Justice Committee’s public hearing on SB 5056 in 2023, officials with the Washington Retail Association and Washington Association of Sheriffs and Police Chiefs testified in favor of the proposal.

SB 5056 now goes to the House of Representatives for further consideration.

Bipartisan bill to ‘ditch the switch’ in Washington receives Senate hearing

A Senate committee today took public testimony on 4^th District Sen. Mike Padden’s bipartisan bill that would allow the people of Washington to “ditch the switch” from standard time to daylight saving time each year.

“If there is one issue most people agree on, it’s the dislike of moving their clocks from standard time to daylight saving time in the spring and then back to standard time in the fall,” said Padden, R-Spokane Valley. “There have been scientific studies connecting several health problems with switching back and forth between standard time and daylight saving time, including greater risks of heart attacks and more frequent workplace injuries. This bill would allow Washington to finally ‘ditch the switch’ by keeping us on standard time permanently.”

A proposed substitute version of Senate Bill 5795 came before the Senate State Government and Elections Committee. TVW’s coverage of the SB 5795 hearing may be viewed here and here.

If the bill becomes law, the change would go into effect on Nov. 4, one day after daylight saving time ends on Nov. 3.

The measure’s lead co-sponsor is 45^th District Sen. Manka Dhingra, D-Redmond.

“In 2019, we passed bipartisan legislation to move our state to permanent daylight saving time,” said Dhingra. “That change requires congressional approval, but Congress has not acted. That’s why I support this bill that will put our state on permanent standard time. I have heard from constituents that they overall prefer to stay on permanent daylight saving time, so this bill includes a trigger, so that if Congress does act and allows states to choose permanent daylight saving time, our state will automatically switch once and for all.

“Research shows that the transition between standard time and daylight saving time and back again causes a range of negative health effects, including worse stress, an increased number of car and workplace accidents, and even greater rates of suicide. Those serious detrimental effects on Washingtonians’ health are why it’s so important that we do away with springing forward and falling back,” added Dhingra.

Padden is partnering with Oregon state Sen. Kim Thatcher and California state Sen. Roger Niello to propose bills that would keep the three West Coast states on year-round standard time. The Oregon Legislature begins its 2024 session on Feb. 5. The California Legislature reconvened Jan. 3.

“Switching back and forth between daylight time and standard time confuses and annoys many people, and it causes health problems for some. That’s why Senator Thatcher and I are working together to see if our respective legislatures can keep our clocks on standard time year-round,” added Padden.

Padden said he, Thatcher and Niello have talked with legislators in Idaho and Nevada to see if they will introduce similar bills in those states.

“It is encouraging that these legislators in California, Idaho and Nevada plan to introduce bills this year to move their states to year-round standard time,” said Padden.

Arizona and Hawaii currently are the only states on permanent standard time. Because Congress has already decided states may be on permanent standard time if they choose, Oregon and Washington and other states would not need the federal government to pass a bill authorizing states to be on year-round standard time.

(Sen. Padden’s head photo can be found here. Sen. Dhingra’s head photo can be found here.)

The bell rings — 60-day legislative session starts today

Note: The following e-newsletter was sent to Sen. Padden’s subscribers January 8, 2024. To subscribe to Sen. Padden’s newsletter, click here.

Dear friends and neighbors,

This year’s legislative session begins today and is scheduled to last 60 days, ending March 7. Today will be highlighted with the traditional opening-day ceremonies in the Senate chamber. Tomorrow the Senate and House of Representatives will meet in a joint session in the House chamber to hear Governor Inslee’s final state of the state address.

Once these events are over, the Senate will focus much of its time on committee meetings. Each bill is referred to a committee, where it may receive a public hearing and possibly a vote – steps that are typically determined by the committee chair. The Senate will be in “committee mode” for most of the next month, though occasionally we will meet on the floor of the Senate chamber to debate and vote on bills sent forward by the committees. A solid run of these floor sessions will follow the initial round of committee work.

Veteran state government reporter Jim Camden wrote this column for the Spokesman-Review that explains how to keep tabs on the session. Jim’s column includes one of my favorite quotes: “No man’s life, liberty or property is safe when the Legislature is in session.”

The Inlander also ran a session preview story over the weekend.

The Legislative Building, where the Senate and House chambers are located.

Here are several resources to help you follow this year’s session

My legislative website|Here you will find my news releases and clips, newsletters, bills, contact information, biography, and other information.
The 4th District Government Guide| In this resource book, you will find the phone numbers, email addresses and offices of city, county, state and federal officials who represent you.
The Capitol Buzz| A daily recap of the top online news stories. Click the link to subscribe.
TVW| You may watch live broadcasts of floor and committee action online.
Legislature’s website| Bill reports, committee agendas, and information about upcoming activities in the Legislature are here.
State agencies| This website is where you may find all the state agencies, boards, and commissions.
Washington Votes| The Washington Policy Center’s vote-tracking website.

To Track Legislation

Go to leg.wa.gov

On the left-hand panel, click “Bill Information.”

If you know the bill number, enter it in the search field and click enter.

Don’t have a bill number? Under the section “Standard Reports” you’ll find alternative tracking tools. You may search based on topic, within a specific biennium, and more.

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

Meet Team Padden for 2024 session

I’m happy to introduce my legislative staff for this year’s session. My legislative assistant, Annalise Hemingway (right), joined the office last spring. My session aide this year is Ethan Mettlin (middle). Ethan has returned to my office for this year’s session after interning for me last year. Vandee Pannkuk (left) is my session intern this year. Vandee, an Onalaska native, attends Washington State University and is studying political science and criminal justice.

Reporters challenge Inslee over gas prices at legislative preview

In recent years it has seemed like many reporters, whether they are part of the Capitol Press Corps that cover state government or part of the Seattle media, have been hesitant to challenge Governor Inslee on issues when it’s apparent that he is wrong or misleading the public.

But in recent months, more members of the media have confronted the governor over how the state’s cap-and-trade program has led to higher gas prices in Washington over the past year. That willingness by the media to go after Inslee was on full display during this past Thursday’s legislative-session preview held on the Capitol campus.

After Inslee began his portion of the meeting by touting what he considers to be his accomplishments as governor entering what will be his last year in that office, some of the assembled media members took aim at him over a report published this week by the Washington Policy Center’s Todd Myers that showed Inslee knew long ago that a tax on carbon emissions would significantly increase gas prices.

The Myers piece noted that the governor’s chief policy advisor at the time told members of the Senate Energy, Environment and Telecommunications Committee in 2014 that a “High Carbon Price” scenario with a “CO2 price of $52 per metric ton (MT) – almost identical to the state’s current CO2 price – would increase gas prices by 44 cents per gallon.”

The publication of this report allowed reporters to ask Inslee about it Thursday. As you might guess, the governor was not inclined to agree with Myers’ assertion.

Brandi Kruse, a former reporter for Seattle’s KIRO radio and KCPQ-TV who now hosts the “Undivided” political podcast, asked Inslee pointed questions over gas prices that appeared to make the governor uncomfortable.

You may watch the governor’s interactions with reporters at the 3-hour, 4-minute mark of TVW’s coverage. It definitely is worth viewing.

The Center Square has an interesting article about Myers’ report and the defiant response by Inslee’s spokesman. KIRO Radio in Seattle published the transcript of a long and sometimes contentious interview with the governor last Friday in which KIRO reporters were not willing to let Inslee off the hook over higher gas prices.

Padden introduces bills to “ditch the switch,” tackle fentanyl crisis

Senator Padden asks a question during a committee meeting.

In the weeks leading up to this year’s legislative session, many lawmakers “prefiled” bills that will be formally introduced now that it’s opening day. Among the several bills I filed before today are proposals aiming to make our roads and highways safer, reduce fentanyl’s terrible impact in our state and finally end the twice-yearly switch between daylight saving time and standard time:

Senate Bill 5791 calls for the Washington State Patrol to establish a pilot program to evaluate the outcomes and effectiveness of oral fluid roadside information used as part of the enforcement of impaired-driving laws. The measure is already scheduled for a public hearing tomorrow at 4 p.m. in the Senate Transportation Committee.
Senate Bill 5795 would allow Washington to “ditch the switch” and keep the state on standard time year-round. If there is one issue most people agree on, it’s the dislike of moving their clocks from standard time to daylight saving time in the spring and then back to standard time in the fall. This bill would keep our state on standard time permanently. The proposal has not been sent to a committee yet, but it likely will go to the Senate State Government and Elections Committee.
Senate Bill 5929 would make reckless endangerment with fentanyl a Class B Felony. Children are dying throughout our state as fentanyl use has increased dramatically. Late last month, information was released that fentanyl deaths in King County topped 1,050 last year, surpassing an all-time record. The bill is expected to be sent to the Senate Law and Justice Committee for consideration.

Two other proposals I’m introducing this session are:

Senate Bill 5792 would expand on a new state law passed last session that makes it easier for small condominium buildings to be constructed. That new law, which I introduced, specifically exempts buildings with 12 or fewer units that are no more than two stories from the definition of a “multiunit” residential building. The 2024 bill would allow the construction of such condo buildings to include a third level for parking or retail stores.
Senate Bill 6026 would protect the rights of parents and guardians by using students’ given names in public schools.

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.

Four Padden-sponsored laws take effect July 23

On Sunday (July 23) many new laws passed this year by the Legislature will take effect. Four of these new laws are based on bills prime-sponsored by 4^th District Sen. Mike Padden: Senate Bill 5033, SB 5058, SB 5096 and SB 5218.

‘Kimberly Bender’s law’

The law created by Senate Bill 5033 reclassifies the crime of first-degree custodial sexual misconduct, (in which the corrections officer has sexual intercourse with the victim) now a Class C felony, to a Class B felony with a seriousness level of VII. That calls for an initial sentence of 15 to 20 months and a high-end sentence between 7.25 years and 9.6 years. The new law also reclassifies second-degree custodial sexual misconduct (in which the corrections officer has sexual contact with the victim) from a gross misdemeanor to a Class C felony with a seriousness level of V, which would bring a sentencing range of six to 12 months for those with the lowest offender score and a range of six to eight years for offenders with the highest offender score.

“Officers who work in jails and state 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.”

Padden’s bipartisan bill, which was unanimously approved by the Senate and House of Representatives, was inspired by a KING-TV investigation last year about a Clallam County jail guard, John Gray, who served just over a year in prison after sexually assaulting four women.

SB 5033 is called “Kimberly Bender’s law,” in honor of the 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. Bender’s mother, Dawn Reid, asked Padden to name the bill after her daughter.

Gray was convicted in 2021 of two felony and two misdemeanor counts of custodial sexual misconduct and served 13 months of his 20-month sentence.

During the bill’s public hearing before the Senate Law and Justice Committee last January, Michele Devlin, the chief criminal deputy prosecutor for the Clallam County prosecutor’s office, testified in favor of SB 5033, pointing out that Gray sexually assaulted several women in his job as a jail guard.

“This bill acknowledges the disproportionate power dynamic between an inmate and a corrections officer. It also acknowledges the trauma experienced by survivors associated with sexual assault,” Devlin told the committee.

‘Missing middle’ housing

Senate Bill 5058, which was approved unanimously in both the Senate and House, will help encourage home ownership in Washington by making it easier for smaller condominium buildings to be constructed. The measure exempts buildings with 12 or fewer units that are no more than two stories high from the definition of “multiunit residential building.”

Padden said SB 5058 should result in more homeownership in the state.

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

“These smaller condominiums will still have the same building requirements that a townhouse or single-family house has,” added Padden. “The reduction of additional inspections beyond requirements for a townhouse or a single-family house will reduce the cost of these condominiums, making them more affordable to more buyers.”

“SB 5058 is a Condominium Act reform bill that will help encourage the development of new, small in-fill condominium units and provides a critically important first step in attainable home ownership for middle-income families,” said Jim Frank, founder of Greenstone Homes. “The bill helps open the door to the ‘missing middle’ housing needed in cities across the state.”

Employee-owned businesses

Senate Bill 5096 is a bipartisan measure that will aid businesses looking to adopt an employee stock ownership plan (ESOP) corporate structure.

The measure was backed by a diverse group, including the Spokane Valley Chamber of Commerce and Schweitzer Engineering Laboratories.

“Employee ownership is great for our employee owners, our customers, and our communities and is a key part of our culture,” said Joey Nestegard, chief business officer at Schweitzer Engineering Laboratories. “SEL is proud to be 100% employee owned and we are thankful to Senator Padden for encouraging more businesses to consider this great model.”

“This new law will help promote employee ownership, which is valuable not only for employees but for our society,” said Padden. “Studies have shown that when employees are happier, they stay in their job longer and they retire in a much better financial position. The companies are more likely to remain in the local area.”

Padden added that the measure, which was passed unanimously by the Senate and House, will help maintain local businesses after a business founder retires.

“Many current business owners do not have a plan for when they transition out of the business, and employee ownership provides a valuable option,” Padden said.

SB 5096 specifically will 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; and provide a business-and-occupation tax credit for costs related to converting a qualifying business to an employee ownership structure.

ESOPs are recognized under federal tax law as a qualified defined contribution retirement plan. The ESOP must be designed to invest primarily in qualifying employer securities and meet certain other requirements. The IRS and United States Department of Labor share jurisdiction over some ESOP features.

A win for patients

People buying motorized wheelchairs or other mobility-improving equipment will pay less thanks to Senate Bill 5218, which makes such equipment tax-exempt. The Senate and House unanimously approved SB 5218.

One of the people who provided written testimony in support of SB 5218 is Steve Gleason, a former Gonzaga Prep, Washington State University and New Orleans Saints football player who contracted amyotrophic lateral sclerosis (ALS), known as Lou Gehrig’s disease.

“This is a huge win for both patients, and companies that sell mobility-enhancing equipment, as it removes a barrier that a lot of times made it impossible for patients to get equipment,” said Don Whitney, chief operating officer of Inland Medical and Rehab. “Most insurances, including Medicare, did not pay for the sales tax, leaving either the patient or our company to pay the tax to the state Department of Revenue. In Spokane that is equivalent to 9%. So a $40,000 high-end CRT wheelchair would have a tax of $3,600 that needed to be collected from the patient or our company just absorbed the tax and paid it. We absorbed the cost just so we could service our patients, who are also our friends. In the last decade, over 60 independent companies in Washington state went out of business as they could not maintain paying sales tax and not being reimbursed it.

“My hope is this will help the bottom line for all companies providing services in Washington, leading to patients having more access to service and to receive better equipment. Patients who have to pay privately for this equipment will now also have greater access by not having to pay the tax. Most patients are on limited incomes, and without this equipment may be hospitalized or put into long-term care. The passage of SB 5218 has opened the door for people so they can stay in their homes and has helped companies improve their bottom lines to remain in business and provide quality product and access to service to its patients,” added Whitney.

The new law states that to claim the sales-tax exemption, the purchaser must provide the seller with an exemption certificate as prescribed by the state Department of Revenue. The tax exemption will apply to mobility-enhancing equipment sold or used on or after Aug. 1, 2023.

Honoring fallen soldiers during Memorial Day ceremony

Note: The following e-newsletter was sent to Sen. Padden’s subscribers May 31, 2023. To subscribe to Sen. Padden’s newsletter, click here.

Dear friends and neighbors,

I hope all of you enjoyed the Memorial Day weekend. While the three-day weekend provides a great opportunity for us to gather with family and friends, it’s also a chance for us to honor our veterans who gave their lives to our nation so that we, as Americans, can enjoy our cherished freedoms and rights.

Thank you to our veterans, living and dead, who served our great nation, and thanks to those who currently serve in our military.

Members of the Rodgers High School Junior ROTC during the Memorial Day ceremony at Pines Cemetery.

On Monday, my wife Laura and I attended the Memorial Day ceremony, sponsored by Spokane Valley American Legion Post 241 and held at Pines Cemetery to honor our fallen veterans. As anyone who has been to one of these ceremonies knows, it is a somber occasion that makes you appreciate even more the tremendous sacrifice these soldiers made to serve and protect America. It also helps you understand the profound loss experienced by families who had a beloved relative join the service, never to return.

Sen. Padden talks about the 2023 legislative session during Saturday’s 4^th District town hall meeting.

On Saturday morning, I joined my 4^th District seatmates, Reps. Leonard Christian and Suzanne Schmidt, in participating in a town hall meeting at CenterPlace in the Spokane Valley. Nearly 60 people attended the one-hour event, which included a recap of the recently ended 2023 legislative session, followed by a question-and-answer period. A special thank-you goes to those who took time during their three-day weekend to join us at the town hall.

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

Tomorrow is deadline for some to opt out of WA Cares program

WA Cares, our state’s new long-term care program, will be activated on July 1, despite strong efforts by legislative Republicans to repeal or modify this costly and flawed program.

The program will be funded by a very expensive payroll tax, in which those making $50,100 (the median income in Washington) will have $24 a month (or $288 a year) taken out of their paychecks unless they have already obtained an exemption approval letter by purchasing private, long-term care insurance.

The WA Care program provides a maximum lifetime benefit of only $36,500, payable at a maximum of $100 per day – even though the cost of care currently averages up to more than three times that. This program is not only extremely expensive for workers, it also falls short of providing benefits at the level many people will actually need.

I was one of several Republican legislators who offered bills to stop WA Cares from becoming reality. In 2022, I introduced Senate Bill 5234, which sought to repeal the WA Cares program and its payroll tax. However, Senate Democrats did not allow it to even receive a public hearing in committee.

The state Employment Security Department says certain individuals in Washington can still apply for an exemption from the payroll tax that funds WA Cares, but the deadline to apply is tomorrow (June 1).

People who are still eligible to opt out of WA Cares include:

Workers who are a spouse or domestic partner of an active-duty U.S. armed forces member.
Workers who work in Washington but live out of state.
Workers who have a temporary nonimmigrant visa like a H-2A or H-1B visa.

Those who want to apply for an exemption should follow the instructions available here.

Governor signs three Padden bills after session ends

I was on hand to watch Governor Inslee sign Senate Bill 5058, which will make it easier to build smaller condominium buildings. Also at the signing ceremony were Tricia Gullion (left) of the Building Industry Association of Washington and Spokane City Council member Betsy Wilkerson (right).

During the weeks after the 2023 regular session ended on April 23, Governor Inslee signed three more bills that I introduced this session.

Senate Bill 5058 exempts buildings with 12 or fewer units that are no more than two stories high from the definition of “multiunit residential building.” Washington has one of the lower homeownership rates in the nation, and this bill would help our state address this problem. SB 5058 is one of several measures approved by the Legislature this year that aim to boost the supply of housing in Washington. This bill should result in condos that are less expensive, which should encourage more people to become homeowners.

Senate Bill 5096 aids businesses looking to follow a business model that allows workers to be owners. Schweitzer Engineering, which has operations in the Spokane Valley, supported this bill, as did Ownership America.

Senate Bill 5218 makes mobility-improving equipment tax-exempt. This will help make motorized wheelchairs and similar equipment much less expensive to buy, helping people with disabilities to save money while also helping them maintain their independence. (This recent Seattle Times story on the Seattle Mariners recognizing ALS patients mentions how a motorized wheelchair can cost $60,000 nowadays.)

The laws created by all three bills take effect on July 23, as does Senate Bill 5033, another measure signed by the governor that I introduced this year. SB 5033 imposes longer sentences on sexually abusive jail and prison guards. I introduced the bill after KING-TV in Seattle reported about a prison guard in Clallam County who sexually abused several female inmates.

Legislative session recap given at Spokane Valley City Council meeting

Last night I attended the Spokane Valley City Council meeting, during which Brianna Murray provided a review of this year’s legislative session in Olympia. Brianna did a nice job discussing the highlights and lowlights of the session. Please click here to watch the city council meeting, including Brianna’s presentation.

Fuel prices rise sharply in recent days

If you noticed that fuel prices have risen significantly in recent days, you are now alone. This story published by The Center Square earlier this week pointed out the sharp increase in fuel prices over the three-day weekend.

The story’s lead paragraphs say it all:

The average price of a gallon of regular unleaded was sitting at $4.68 statewide on Monday, up from $4.60 the week prior according to AAA data.

This holiday weekend price hike marks the 17th week this year of rising fuel prices for Washingtonians, following the implementation of the new carbon tax earlier this year.

As the story implies, one of the main culprits for the fuel price spike is the cap-and-trade program that went into effect in January. Since cap-and-trade became reality, fuel prices in Washington have become even higher than in Idaho. According to the state-by-state fuel price comparison compiled by AAA, regular unleaded gas in Washington costs an average of $4.697, compared to $3.857 in Idaho. This price difference of roughly 85 cents a gallon is bound to hurt Washington gas stations located near the Idaho border, as gas consumers will be tempted to drive a few miles east to save on fuel.

Updated 4th District government guide still available

My office recently produced and mailed an updated version of a 4^th District government guide to many households in our district. If you did not receive a government guide and would like one, simply contact my district office at 509-921-2460. You also may pick up a free copy of the government guide at any of these locations:

Millwood City Hall…………………….9103 E Frederick Ave., Spokane

Argonne Library………………………..4322 N Argonne Road, Spokane

Spokane Valley City Hall……………10210 E Sprague Ave., Spokane Valley

Spokane Valley Library………………12004 E Main Ave., Spokane Valley

Liberty Lake City Hall………………….22710 E Country Vista Drive, Liberty Lake

Liberty Lake Library……………………23123 E Mission Ave., Liberty Lake

Otis Orchards Library…………………22324 E Wellesley Ave., Otis Orchards

Spokane Valley Senior Center…….2426 N Discovery Place, Spokane Valley

Contact us!

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

Phone: (509) 921-2460

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

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.

New drug-possession law is better but still does not go far enough to address state’s drug crisis

Note: The following e-newsletter was sent to Sen. Padden’s subscribers May 17, 2023. To subscribe to Sen. Padden’s newsletter, click here.

Dear friends and neighbors,

Although the Legislature concluded its 2023 session on April 23, its work was not finished. An important issue – passing a new law about possessing hard drugs – was unresolved when the final gavels fell in the House and Senate chambers.

Since our regular session ended more than three weeks ago, negotiators from both chambers and both parties met many times to work on a compromise measure.

During a one-day special session yesterday in Olympia, the Legislature finally approved a drug-possession bill to replace the current law. However, I was among the “no” votes in the Senate.

Although the new law created by Senate Bill 5536 is an improvement over the terrible law passed in 2021 after the state Supreme Court’s Blake ruling, I don’t think this ‘Blake fix’ will solve our state’s growing problem with hard drugs.

Washington ranks very high nationally in fentanyl-overdose deaths per capita, and King County so far this year already has more drug-overdose deaths (524 as of May 15) than it did in all of 2020 (508). Faced with such sobering statistics on drug overdoses in our state, the Legislature needed to pass a stronger proposal to effectively tackle this crisis.

For drug offenders to really feel compelled to seek treatment and stay with it, we need to make it a felony again to possess the most dangerous drugs like fentanyl, meth and heroin. The threat of a felony conviction is more likely to persuade a drug offender to undergo treatment than the hybrid crime allowed in the new law.

Under the proposal approved by the Legislature, which takes effect July 1, people convicted for the first or second time for drug possession or public use would face a penalty of up to 180 days in jail and a fine up to $1,000. For a third or subsequent conviction, they would face up to 364 days in jail. The punishment under this bill is basically a hybrid between a gross misdemeanor and a misdemeanor. I don’t think that will be an effective deterrent for drug offenders. Under the new law, possession convictions before July 2023 are not taken into account, so the new law ignores an offender’s criminal history when it comes to sentencing. The offender’s full criminal history should be taken into account.

The compromise version of SB 5536 passed by the Legislature can be viewed here. The measure was quickly signed yesterday by Governor Inslee.

Sen. Padden speaking against SB 5536 during Senate floor debate on the bill.

During the Senate’s floor debate on the drug-possession bill, I spoke against it. You can view my speech here.

After the Senate passed the bill yesterday, I watched the House floor debate. Rep. Jim Walsh, a Republican from Aberdeen who serves the 19^th Legislative District, gave a powerful and reasoned floor speech on why the compromise should not be passed by the Legislature. You can watch Rep. Walsh’s floor speech here.

The 2021 Blake ruling declared Washington’s felony drug-possession statute was unconstitutional because it criminalized possession even when a person did not knowingly have drugs. However, the ruling did not lower the criminal penalty for illegally possessing hard drugs from a felony to a misdemeanor.

After the Blake decision, the Democrat-led Legislature in 2021 responded with a law that did reduce the criminal penalty for illegally possessing hard drugs from a felony to a misdemeanor. This law expires on July 1.

As a result of the expiring law, the Legislature this year needed to pass a new drug-possession law (known by some as the “Blake fix”) or else hard drugs literally would be legal in Washington. Without a new state law clarifying the penalties for possessing certain drugs, it is possible that cities and counties would have enacted their own drug-possession laws, creating inconsistent drug laws in which one city could have tough penalties on possession while a nearby city might not have any penalty at all. Some cities, like Everett, already have passed drug-possession ordinances in recent weeks.

Under SB 5536 as passed by the Legislature yesterday, cities and counties may make their own laws and ordinances to regulate harm-reduction services related to drug paraphernalia.

During this year’s regular session, the Senate passed its version of Senate Bill 5536 in March. (I voted against that version for the same reasons why I voted “no” this week.) In April, the House approved a different version of the bill, one that the Senate refused to accept. I was part of a six-member conference committee (four Democrats, two Republicans) that met in the final week of the regular session to work on a compromise version of the bill. However, when that proposal reached the House floor on the final night of the regular session, it failed 55-43, as several Democrats and all of the Republicans voted against it.

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

Contact us!

Phone: (509) 921-2460

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

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.

Padden believes drug-possession bill passed by Legislature not strong enough to deal with state’s drug crisis

During a one-day special session today, the Legislature approved a bill enhancing penalties for possession of hard drugs, but 4th District Sen. Mike Padden was among the “no” votes in the Senate.

Padden, the ranking Republican on the Senate Law and Justice Committee, believes the compromise version of Senate Bill 5536 is not strong enough to get drug offenders into and through treatment. That version was finalized by Senate and House negotiators yesterday after weeks of talks following the April 23 conclusion of the regular session.

“Although the bill passed by the Legislature today is an improvement over the terrible law that was passed in 2021 after the Supreme Court’s Blake ruling, I don’t think this ‘Blake fix’ really fixes our state’s growing problem with hard drugs,” said Padden, R-Spokane Valley. He noted Washington ranks very high nationally in fentanyl-overdose deaths per capita, and King County so far this year already has more drug-overdose deaths (524 as of May 15) than it did in all of 2020 (508).

“In order for drug offenders to really feel compelled to seek treatment and stay with it, we need to make it a felony again to possess the most dangerous drugs like fentanyl, meth and heroin. The threat of a felony conviction is more likely to persuade a drug offender to undergo treatment than a gross misdemeanor. While I’m glad we were able to pass some sort of law to increase penalties for these drugs, it doesn’t go far enough to be truly effective,” added Padden.

Under the proposal approved by the Legislature, people convicted for the first or second time for drug possession or public use after July 1 would face a penalty of up to 180 days in jail and up to $1,000 fine. For a third conviction, they would face up to 364 days in jail.

“The punishment under this bill is basically a hybrid between a gross misdemeanor and a misdemeanor. I don’t think that level of punishment will be an effective deterrent for drug offenders,” said Padden.

The compromise version of SB 5536 passed by the Legislature today can be viewed here. The measure now goes to Gov. Jay Inslee.

In February 2021, in the state Supreme Court’s decision in State v. Blake, justices ruled Washington’s felony drug-possession statute was unconstitutional because it criminalized possession even when a person did not knowingly have drugs. However, the Blake ruling did not lower the criminal penalty for illegally possessing hard drugs from a felony to a misdemeanor.

Under SB 5536 as passed by the Legislature, cities and counties could make their own laws and ordinances to regulate harm-reduction services related to drug paraphernalia.

Governor signs Padden bill to benefit employee stock ownership plans

Gov. Jay Inslee today signed Senate Bill 5096, a bipartisan measure prime-sponsored by 4^th District Sen. Mike Padden that will aid businesses looking to adopt an employee stock ownership plan (ESOP) corporate structure.

“This new law will help promote employee ownership, which is valuable not only for employees but for our society,” said Padden, R-Spokane Valley. “Studies have shown that when employees are happier, they stay in their job longer and they retire in a much better financial position. And the companies are more likely to remain in the local area.”

Padden added that the measure will help maintain local businesses after a business founder retires.

“Many current business owners do not have a plan for when they transition out of the business, and employee ownership provides a valuable option,” Padden said.

SB 5096 specifically will:

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; and,
provide a business-and-occupation tax credit for costs related to converting a qualifying business to an employee ownership structure.

The measure was backed by a diverse group, including the Spokane Valley Chamber of Commerce and Schweitzer Engineering Laboratories.

“According to decades of research, employee-owned companies consistently produce higher wages, greater employee wealth and fewer layoffs,” said Jack Moriarty, founder and executive director of Ownership America, a national think tank. “Senator Padden and his bipartisan co-sponsors deserve praise for their leadership in positioning Washington to create and retain high-quality jobs that build wealth for workers and communities through employee ownership.”

With the adoption of this bipartisan legislation, Washington has established itself as a national leader in the employee ownership field, added Moriarty.

SB 5096 was unanimously approved by both the Senate and House this year.

Governor signs two Padden bills one week after legislative session ends

SB 5058 encourages home ownership, SB 5218 provides tax exemption for mobility equipment

Gov. Jay Inslee today signed Senate Bill 5058, 4th District Sen. Mike Padden’s legislation that helps encourage home ownership in Washington by making it easier for smaller condominium buildings to be constructed.

The law created by SB 5058, which received unanimous approval by the Senate and House, exempts buildings with 12 or fewer units that are no more than two stories high from the definition of “multiunit residential building.”

Padden said the change should result in more homeownership in the state.

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

“These smaller condominiums will still have the same building requirements that a townhouse or single-family house would have,” added Padden, R-Spokane Valley. “The reduction of additional inspections beyond requirements for a townhouse or a single-family house will reduce the cost of these condominiums, making them more affordable to more buyers.”

Senate Bill 5058 is one of several measures approved by the Legislature this year that aim to boost housing in Washington.

“There was a concentrated effort by the Legislature this year to pass bills that will help improve housing in our state,” said Padden.

SB 5058 was strongly supported by the cities of Spokane Valley and Spokane.

Governor signs bill making mobility-improving equipment more affordable

People buying motorized wheelchairs or other mobility-improving equipment will pay less thanks to Senate Bill 5218, a measure prime-sponsored by Padden that was signed by Inslee today.

The law created by SB 5218 makes such equipment tax-exempt. The Senate and House of Representatives unanimously approved the measure during the 2023 legislative session, which ended April 23.

“This law will help people with disabilities by removing the sales tax from motorized wheelchairs or other technological equipment, which will help them save money while also helping maintain their independence,” said Padden. “It can be very costly for someone to buy such equipment that they need for their daily lives, and the sales tax only adds to the high cost. This bill helps make such purchases more affordable for those who need this equipment.”

One supporter of SB 5218 is Steve Gleason, a former Gonzaga Prep, Washington State University and New Orleans Saints football player who contracted amyotrophic lateral sclerosis (ALS), known as Lou Gehrig’s disease.

“Steve indicated how important this legislation would be, not only for those who have ALS or multiple sclerosis but those who need what I would call high-tech wheelchairs that can do so much and can cost $30,000 and up,” said Padden. “The sales-tax portion is a large amount of money for this equipment. Steve pointed out that if people have this equipment, they are less likely to go into hospitals and require more expensive medical care.”

The new law states that to claim the sales-tax exemption, the purchaser must provide the seller with an exemption certificate as prescribed by the state Department of Revenue. The tax exemption would apply to mobility-enhancing equipment sold or used on or after Aug. 1, 2023.

Both SB 5058 and SB 5218 take effect in late July.

CAPTION: Sen. Mike Padden joins Gov. Jay Inslee at the bill-signing ceremony for Senate Bill 5058 in Olympia. Also attending are Tricia Gullion of the Building Industry Association of Washington (left) and Spokane City Council member Betsy Wilkerson (right).