Author Archives: brianzylstra

Despite stable state coffers, Democrats want to create ‘wealth tax’

Note: The following e-newsletter was sent to Sen. Padden’s subscribers March 16, 2023. To subscribe to Sen. Padden’s newsletter, click here.

The 2023 legislative session is now in its 10th week, with five weeks to go. April 23 is the scheduled last day.

As the Legislature approaches the home stretch of this year’s session, there is still plenty of work ahead. At the top of the to-do list are passing new two-year state operating, capital and transportation budgets.

Democrat budget writers are expected to unveil their operating budget proposal late next week, just days after the next state revenue forecast is released. House Democrat budget writers likely will release their spending plan a few days later after the Senate budget comes out.

One big question leading up to next week’s operating budget rollout is whether the Democrats will propose new or higher taxes. The most recent state revenue forecast, released last November, revealed that state revenues are expected to increase by $545 million for the 2021-23 biennium (which ends June 30) and $684 million for the 2023-25 budget cycle. In terms of total dollars, it showed the state with $60.779 billion in revenue for the current biennium and $62.966 billion for the 2023-25 biennium. There is no need for any new taxes.

A recent example is the capital-gains/state income-tax proposal that was passed by majority Democrats and signed by Governor Inslee in 2021. (That tax was ruled unconstitutional in March 2022. An appeal of the ruling is before the state Supreme Court, which heard arguments in the case in late January. There is no word on when the court will issue its ruling.)

Although our state has plenty of money in its coffers, that apparently is not enough to satisfy some legislators. A new and notable example is Senate Bill 5486, which was introduced by 36^th District Sen. Noel Frame, a Seattle Democrat. SB 5486 would establish what some call a “wealth tax” – a 1 percent tax on “financial intangible assets” in excess of $250 million.

Republicans oppose this bill because the sponsors clearly want to create another way to take away money from people, even though the state already has enough money. Instead of continually trying to target those in a particular income bracket, the bill’s sponsors should focus on getting the most out of existing tax dollars and making state government more efficient.

The Democrats’ wealth-tax bill received a public hearing last week in the Senate Ways and Means Committee. Because it is a bill that is considered “necessary to implement the budget,” SB 5486 has been exempted from any of the deadlines for Senate bills to be passed.

Many people testified either in favor of or in opposition of SB 5486. The testimony of two people who testified against the bill, anti-tax activist Tim Eyman and Association of Washington Business official Emily Shay, made good points on why the bill should not be approved by the Legislature. You can watch their testimony here.

Other Republicans and I will continue to fight this unnecessary and harmful proposal and try to prevent it from being approved.

This newsletter covers several other issues and events happening in Olympia in this past week.

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

Bill targeting catalytic-converter thefts receives Senate hearing

The fastest-growing crime problem in Washington in the past couple of years is catalytic-converter thefts. Catalytic converters use elements like platinum to make vehicle exhaust less harmful, and this crime has skyrocketed over the past two years as precious-metal prices have increased. Thieves can crawl under a car and saw a catalytic converter out of an exhaust system in minutes – or less – which leaves the vehicle owner in a real bind.

About 4,000 catalytic-converter thefts were reported in Washington in 2021, according to the National Insurance Crime Bureau, ranking the state third in the U.S. Preliminary figures for 2022 put our state on pace to match or surpass that figure.

On Tuesday, the Senate Law and Justice Committee held a public hearing on Senate Bill 5740, which aims to deter catalytic-converter thefts. One of my colleagues, 19^th District Sen. Jeff Wilson of Longview, is the bill’s prime sponsor, and I’m a co-sponsor.

SB 5740 would target the crime rings behind our state’s fastest-growing crime by going after those who purchase stolen catalytic converters in order to recycle them for their valuable precious-metal content.

Under this proposal, those who purchase catalytic converters removed from vehicles must:

Obtain a valid license as a scrap dealer or an auto wrecker.
Post it on display at their place of business.
Keep meticulous records of each transaction, including a photocopy of the seller’s driver license.
Promptly report any transaction to police that appears to be suspicious.

Anyone purchasing five or more catalytic converters without a license would be guilty of a Class B felony, trafficking in catalytic converters, which is punishable by up to seven years in prison. Purchase of four or fewer would be a Class C felony.

SB 5740 is exempt from last week’s floor cutoff for Senate bills to be passed by the Senate because it is considered necessary to implement the operating budget. There still is work to be done on this bill.

Padden bills update

Sen. Padden testifying on one of his bills earlier this session.

Two of the bills that I introduced earlier this session have seen action in House committees this week.

On Tuesday I testified before the House Innovation, Community and Economic Development, and Veterans Committee in favor of my Senate Bill 5096, which would aid businesses looking to adopt an employee stock ownership plan (ESOP) corporate structure. This bill promotes employee ownership, which is good, not only for our employees but for society. Studies have shown that employee-owners are happier, they stay in their job longer and they retire in a much better financial position. Also, employee-owned companies are more likely to stay locally. Additionally, this bill would help those businesses looking to adopt an ESOP. Bryan Richter of Schweitzer Engineering testified in support of the bill. The committee has scheduled a vote on SB 5096 tomorrow morning.

This morning the House Community Safety, Justice and Reentry Committee unanimously approved Senate Bill 5033, a bipartisan measure that would impose longer sentences on sexually abusive jail and prison guards. The bill 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.

Officers who work in our state’s correctional facilities are part of the law-enforcement community. Like all the other officers who serve the public, corrections officers must be held to a high standard, especially considering the unique level of authority they have over people in custody. SB 5033 would increase the punishment for corrections officers who sexually assault or abuse inmates in the course of their jobs.

The bill was inspired by a KING-TV investigation about a Clallam County jail guard, John Gray, 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.

Changes with Senate office staff

An e-newsletter in January shared a photo of my Senate office staff for this year’s session. The office staff recently underwent some changes. Scott Staley, my legislative assistant earlier this session, recently left this position for personal reasons, and we will miss him very much. Irina Dolbinina, who began the year as my session aide, is now my legislative assistant for the remainder of the session. Ethan Mettlin, who served as my session intern, will be the session aide through the end of April.

Expect higher fuel prices following state’s first carbon auction

When the Democrat majorities in the Legislature passed the so-called “Climate Commitment Act” two years ago, supporters of the law contended that the “cap-and-trade” program it created would not be very costly to fuel companies or consumers. Now it looks like they will be wrong.

Earlier this month, the state Department of Ecology announced the results from the state’s first carbon-allowance auction, which was mandated by the CCA. The recent auction is the first of a series of quarterly auctions under the law. The estimate in 2021 was that carbon “allowances” under the cap-and-trade program would cost $22.78 per metric ton of carbon. But the recent auction showed these allowances costing $48.50, more than double the cost some had predicted.

The $48.50 allowance would translate to 39 cents per gallon for gasoline and 47 cents a gallon for diesel. Although the advocates for the Climate Commitment Act might argue that oil companies would absorb these extra costs, that is not realistic. It’s much more likely that any additional costs somehow will be passed on to consumers, who already have faced high fuel prices over the past year or two.

Photos with visitors this week

On Wednesday, I had meetings with several people in my office to discuss various issues before the Legislature this session. The top photo shows me with officials with the Washington Auto Dealers Association (from left to right are Anthony Brock, Kristin Goffand Mario Wierzchowski). The bottom photo shows me with Sarah Davenport-Smith from Human Life of Washington.

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.

Bills passed by Senate don’t go far enough to combat drugs, allow police to pursue suspects

Note: The following e-newsletter was sent to Sen. Padden’s subscribers March 10, 2023. To subscribe to Sen. Padden’s newsletter, click here.

The Senate just passed a milestone for the 2023 legislative session. Wednesday was the “floor cutoff,” the last day for the Senate to vote on Senate bills, except measures that are considered necessary for the upcoming state operating, capital and transportation budgets.

With the “floor cutoff” behind us, the Senate has returned its focus to committee meetings, this time to hold public hearings on bills passed by the House. Meanwhile, House committees are holding public hearings on legislation approved by the Senate. The 105-day legislative session is scheduled to end April 23.

During the final days before the floor cutoff, the Senate passed two bills that try to address significant public safety issues. However, both measures failed to significantly improve public safety.

The first of these two measures is Senate Bill 5536. This proposal is the latest attempt to address a problem created by a controversial ruling by our state Supreme Court two years ago.

On February 25, 2021, the Supreme Court in State v. Blake ruled Washington’s felony drug-possession statute was unconstitutional because it criminalized possession even when a person did not knowingly have drugs.

The Blake ruling basically decriminalized drug possession or drug use. As you can guess, this decision by the Supreme Court caught the Legislature’s attention two years ago. Two months after the Blake ruling, the Democrat majorities in the 2021 Legislature passed Senate Bill 5476. Every Senate Republican opposed the bill on final passage, along with a couple of Democrats. This law reduced the criminal penalty for possessing an illegal drug like fentanyl, heroin and methamphetamine from a felony to a misdemeanor. The language in the legislation prevented even the misdemeanor from being prosecuted.

The action taken by the Legislature two years ago in response to Blake did not work. Plus, the law created by SB 5476 expires this year, so the Legislature needs to take new action on drug possession this session or hard drugs will be legal rather than just effectively legal.

Last Friday night, the Senate voted 28-21 to pass Senate Bill 5536, which aims to provide a solution to the state’s drug laws after the Blake ruling. The bill declares that possession of fentanyl, cocaine, heroin and methamphetamine would be charged as a gross misdemeanor after three diversions.

I was among the 21 senators (some were Republicans, others were Democrats) who voted against the proposal. This bill does not go far enough to provide the leverage needed to help people get off dangerous drugs. It’s disappointing that the Senate did not restore making possession of fentanyl and other hard drugs a felony, as it was before the Supreme Court upended our state’s drug laws in the Blake decision two years ago. The threat of a longer sentence is a needed motivation for drug offenders to undergo treatment. We need a balance between accountability and treatment that this legislation doesn’t achieve.

In recent years, our state has endured a startling increase in drug-overdose deaths, and two-thirds of these deaths involve fentanyl. Law enforcement in our state has pointed out the importance of tougher penalties for drug possession in order to incentivize drug users to get the treatment they need to hopefully become clean. I’m concerned that we are missing the chance to create a true ‘carrot-and-stick’ approach to combat drug use in Washington.

While Senate Bill 5536 is an improvement over the inadequate drug-possession law passed in 2021, it does not go far enough to make meaningful and needed changes to our state’s drug laws.

SB 5536 now goes to the House of Representatives for further consideration.

The second public safety measure passed by the Senate that I opposed is Senate Bill 5352, a proposal that deals with vehicle pursuits of suspects by law-enforcement officers. The Senate passed SB 5352 on a 26-23 vote. There were 16 Democrats and 10 Republicans who voted for it, while 13 Democrats and 10 Republicans voted against it.

SB 5352 fails to sufficiently fix the problem created two years ago. It is, however, a vehicle for the Legislature to address the inability of law enforcement to pursue criminals.

The Democratic majorities in the Legislature changed state law in 2021 to limit the ability of officers to pursue suspects. Before the change, officers 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 and resulted in a loss of lives.

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 to nearly 47,000 stolen vehicles in 2022.

Under SB 5352 as approved by the Senate Wednesday, a vehicle pursuit can occur if there is reasonable suspicion, but only for suspicion of violent offenses, sex offenses, vehicular assault offenses, assault in the first-to-fourth degree involving domestic violence, an escape or a driving-under-the-influence offense.

During floor debate on the measure, I offered a floor amendment that would have permitted an officer to engage in a vehicle pursuit if the officer has reasonable suspicion a person inside the vehicle has committed or is committing theft of a motor vehicle. We are fourth in the U.S. for auto thefts per capita. The amendment was defeated along party lines 29-20.

This newsletter covers other issues and events happening in Olympia in this past week.

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 passes ‘DUI lookback’ bill for third straight year

For third year in a row, the Senate has passed legislation of mine that aims to decrease impaired driving.

Senate Bill 5032 , which was approved 48-1 on Wednesday, 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.

Our state has seen an alarming increase in traffic deaths over the past few years, and drunk driving and drug-impaired driving are two leading causes.

The Washington Traffic Safety Commission reported that road deaths in our state reached a 20-year high in 2021. There were 670 traffic deaths in 2021, including 272 fatalities involving drug-impaired driving and 155 deaths involving alcohol-impaired driving. In 2020, Washington had 574 traffic fatalities, including 214 involving drug-impaired driving and 135 involving alcohol-impaired driving.

The commission has a current preliminary estimate of 745 traffic fatalities in 2022. No 2022 figures on traffic deaths involving drug- or alcohol-impaired driving are available yet.

This bill would help get the most dangerous drivers off the road and into treatment. Our state has seen too many accidents and fatalities caused by drunk and drug-impaired drivers, especially repeat offenders. This bill could help reverse this tragic trend.

Many traffic fatalities in the state involve drivers who have had as many as eight DUI offenses, but the current 10-year lookback period is not long enough to allow the state to impose stronger punishment against such offenders.

Repeat impaired-driving offenders commit most of the vehicular homicides and vehicular assaults in Washington. This is a bill to try to prevent those horrible, senseless crimes.

SB 5032 would give offenders a chance to undergo a highly structured treatment program.

SB 5032 now goes to the House of Representatives for more consideration.

A similar proposal that I introduced, Senate Bill 5054, was passed by the Senate during the 2021 and 2022 legislative sessions, including unanimous approval last year. The bill later died in the House both years.

Custodial sexual misconduct bill receives House hearing

Sen. Padden talks to members of the House Community Safety, Justice and Reentry Committee during his testimony on Senate Bill 5033.

Senate Bill 5033, a bipartisan measure that I introduced that would impose longer sentences on sexually abusive jail and prison guards, received a public hearing yesterday in the House Community Safety, Justice and Reentry Committee.

This proposal 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.

Officers who work in our state’s correctional facilities are part of the law-enforcement community. Like all the other officers who serve the public, corrections officers must be held to a high standard, especially when you consider the unique level of authority they have over people in custody. Senate Bill 5033 would increase the punishment for corrections officers who sexually assault or abuse inmates in the course of their jobs.

Just as she did when SB 5033 received a hearing in the Senate Law and Justice Committee earlier this session, Dawn Reid testified in favor of the proposal during its House hearing. Reid is 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 harassed her.

March 29 is the last day for House policy committees to pass Senate bills.

Chart reveals operating budget growth

As Democratic budget writers prepare to unveil a two-year state operating budget proposal in a few weeks, it is worth seeing how much the operating budget has grown in recent years. As this chart shows, the budget has experienced a 108% spending increase since 2015 if you factor in Governor Inslee’s $70.4 billion proposed budget.

Contact us!

Phone: (360) 786-7606

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

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.

For third consecutive year, Senate passes Padden bill to combat impaired driving

Following a 20-year high in traffic deaths in Washington, the Senate today again approved an anti-impaired driving bill sponsored by 4^th District Sen. Mike Padden.

Senate Bill 5032, which was passed 48-1, 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.

“Washington has suffered a significant increase in traffic deaths over the past few years, and drunk driving and drug-impaired driving are two leading causes,” said Padden, R-Spokane Valley. “This bill tries to remove the most dangerous drivers from our roads and highways and into treatment. Our state has seen too many accidents and fatalities caused by drunk and drug-impaired drivers, especially repeat offenders. This bill could help reduce traffic deaths.”

Padden, the ranking Republican on the Senate Law and Justice Committee, said many traffic fatalities in the state involve drivers who have had as many as eight DUI offenses, but the current 10-year lookback period is not long enough to allow the state to impose stronger punishment against such offenders.

“Repeat impaired-driving offenders commit most of the vehicular homicides and vehicular assaults in Washington. This bill tries to prevent those horrible and senseless crimes,” said Padden, a former Spokane County district court judge.

Padden pointed out that SB 5032 would give offenders a chance to undergo a highly structured treatment program.

The commission has a current preliminary estimate of 745 traffic fatalities in 2022. No 2022 figures on traffic deaths involving drug- or alcohol-impaired driving are available yet.

SB 5032 now goes to the House of Representatives for further consideration.

A similar proposal introduced by Padden, Senate Bill 5054, was passed by the Law and Justice Committee and the full Senate during the 2021 and 2022 legislative sessions, including unanimous approval last year. The bill later died in the House both years.

Padden statement on Senate’s passage of Senate Bill 5536

The Senate last night voted 28-21 to pass Senate Bill 5536, which aims to provide a long-term solution to the state’s drug laws after the state Supreme Court overturned the state’s drug-possession law in 2021. The bill declares that possession of fentanyl, cocaine, heroin and methamphetamine would be charged as a gross misdemeanor.

Sen. Mike Padden, the ranking Republican on the Senate Law and Justice Committee, issued this statement after the Senate’s approval of SB 5536:

“This bill does not go far enough to provide the leverage needed to help people get off dangerous drugs. It’s disappointing that the Senate did not restore making possession of fentanyl and other hard drugs a felony, as it was before the Supreme Court upended our state’s drug laws in the Blake decision two years ago. The threat of a longer sentence is a needed motivation for drug offenders to undergo treatment. We need a balance between accountability and treatment that this legislation doesn’t achieve.

“In recent years, our state has endured a startling increase in drug-overdose deaths, and two-thirds of these deaths involve fentanyl. Law enforcement in our state has pointed out the importance of tougher penalties for drug possession in order to compel drug users to get the treatment they need to hopefully become clean. I’m concerned that we are missing the chance to create a true ‘carrot-and-stick’ approach to combat drug use in Washington.

“The current law does not work. While Senate Bill 5536 is an improvement over the status quo, it does not go far enough to make meaningful and needed changes to our state’s drug laws.”

Padden, R-Spokane Valley, serves the 4^th Legislative District.

SB 5536 now goes to the House of Representatives for further consideration.

Bill that threatens parents’ rights approved by Senate

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

The Legislature is halfway through its 2023 session. This is Day 54, and Washington’s constitution allows our “long” session to run for no more than 105 days.

On Monday, the Senate began a two-week stretch in which our chamber will debate and vote on bills that were approved by various Senate committees in recent weeks. During this period, the Senate meets on the floor in the morning and works for a few hours before taking a short lunch break. We then return to the floor in the early afternoon for more debates and votes on proposals. On some days, we adjourn in the early evening, though we occasionally take a short dinner break and resume floor action for a few more hours into the evening.

The Senate on Wednesday passed a Democrat-sponsored bill that threatens the rights of parents in Washington.

This proposal would give youth-related facilities a troubling new excuse for withholding the whereabouts of runaway children from their parents. Under Senate Bill 5599, those children could effectively disappear by simply claiming they are seeking what the bill calls “protected health services,” such as gender counseling or puberty-blocking chemicals.

The legislation, passed on a party-line vote, would not allow teens staying at licensed youth shelters or host homes to undergo “gender-affirming” surgery without parental approval. Nor would it allow other parents to hide children. But it does clear the way for children between ages 13 and 18 to stay at these facilities without their parents’ knowledge for an indefinite time while seeking services related to gender dysphoria and gender transitioning.

It also clears a path for any teenager to “game the system.” A child can run away to a youth shelter, claim they are seeking protected health care services even if they really aren’t, and be hidden from their parents. It would not be the first time a teenager would take advantage of a legal loophole to avoid general accountability.

During floor debate on SB 5599, one of my Republican colleagues, 10^th District Sen. Ron Muzzall gave a moving five-minute speech in opposition to the proposal. You can view it here.

When SB 5599 received a public hearing before the Senate Human Services Committee on Feb. 6, more than 4,700 people signed in with an opinion on the bill – and 98% were opposed, including parents from the LGBTQ community.

This controversial proposal now moves to the House for consideration. Members of the public wishing to testify on this bill, if it receives a public hearing in the House, should visit how to testify on a bill on the Washington State Legislature’s website.

This newsletter covers other issues and events happening in Olympia in this past week.

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 passes bill raising penalty for custodial sexual misconduct

The Senate on Monday unanimously approved a bipartisan bill that aims to impose longer sentences on sexually abusive jail and prison guards.

Senate Bill 5033, which I prime-sponsored, 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.

Officers who work in our state’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. Senate Bill 5033 would increase the punishment for corrections officers who sexually assault or abuse inmates in the course of their jobs.

During the Senate Law and Justice Committee’s public hearing on SB 5033 earlier this session, Dawn Reid testified in favor of the proposal. Reid is 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 harassed her. Reid asked me to name the legislation after her daughter. The Law and Justice Committee later named the proposal “Kimberly Bender’s law.”

SB 5033 now goes to the House Community Safety, Justice and Reentry Committee for a public hearing on March 9.

Senate passes bill helping employee stock ownership plans

Yesterday the Senate unanimously passed Senate Bill 5096, a proposal I introduced that would aid businesses looking to adopt an employee stock ownership plan (ESOP) corporate structure.

This bill promotes employee ownership, which I think is a very valuable thing, not only for our employees but for society. Studies have shown that 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 stay locally. Additionally, this bill would help those businesses looking to adopt an ESOP.

The proposal is backed by a very diverse group of supporters, including the Spokane Valley Chamber of Commerce and Schweitzer Engineering Laboratories.

SB 5096 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.

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.

The bill now goes to the House for further consideration.

Senate honors Ukrainian Americans

Sen. Padden speaks on the Senate resolution honoring Ukrainian Americans.

Besides debating and voting on the many bills that reach the floor every session, the Senate also passes several floor resolutions each year. Floor resolutions typically honor Washington citizens or remember notable Washingtonians who recently passed away.

Last Friday, the Senate passed an important resolution that recognizes and supports the tens of thousands of Ukrainian Americans in our state. You can view the resolution here. I’m proud to be among the nearly 40 senators who sponsored it.

Many Ukrainian Americans in our state came to the Capitol and filled both Senate galleries to watch senators on both sides of the political aisle give floor speeches in support of the resolution and to see the Senate approve this important resolution. You can watch my floor speech supporting the Ukrainian American resolution here.

Assisted-suicide bill passed by Senate

One of the more controversial and divisive bills of the session so far was passed by the Senate on Monday.

Senate Bill 5179 was approved 28-20. It would add advanced registered nurse practitioners and physician assistants to the category of health-care providers authorized to order the lethal drugs for someone who has decided to use Washington’s assisted-suicide law.

The bill also would reduce the required 15-day waiting period between the first and second oral requests for life-ending medications to seven days and would eliminate the 48-hour waiting period for such medications once a written request is made. Even the seven days is misleading because the lethal drugs can be administered immediately if the death appears imminent. In addition, the requirement for a second opinion has been eliminated. Safeguards are gone.

During the Senate’s deliberation on the bill, I offered a floor amendment that would have required the state Department of Health to contract with an independent organization to confirm, before a patient is qualified to end his or her life, that the patient is not a person with disabilities who is being coerced into providing their OK to take life-ending medication. However, it was defeated along party lines.

My speech against the bill can be watched by clicking this link. You can watch another powerful floor speech by Sen. Muzzall on this bill here.

This bill would do more harm than good. SB 5179 would further normalize suicides, and it would remove safeguards that were put in by the original law to protect vulnerable patients. The current waiting period allows people the time to reflect and change their mind, but this bill would cut down that time drastically. The terminally ill have declining decision capacity, which gives them impaired capacity to make the decision to end their life. Vulnerable patients might make rash decisions and a bad day could be their last day. This bill would increase assisted suicides and worsen the existing law.

SB 5179 is now in the House Health Care and Wellness Committee.

Senate passes ‘ergonomics’ bill that would threaten jobs

During our floor action Wednesday, the Senate voted 27-21 to pass Senate Bill 5217, a Democratic proposal that ignores the wishes of our state’s voters by allowing the state Department of Labor and Industries to again impose workplace ergonomics rules on employers.

After L&I adopted ergonomics workplace rules in 2000, nearly 55% of Washington voters in 2003 passed Initiative 841, which repealed the ergonomics regulations.

SB 5217 is job-killing bill that would restore burdensome and expensive ergonomics regulations on employers. Only one other state in the U.S. has adopted an ergonomics regulation. If this bill becomes law, it could put Washington at a competitive disadvantage.

During floor action on this bill, I offered an amendment that would have required L&I to consider including the least burdensome and least costly options for an employer to demonstrate alternative control methods during rule making. It was defeated along party lines.

Contact us!

Phone: (360) 786-7606

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

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.

Senate passes Padden bill to benefit employee stock ownership plans

The Senate today unanimously passed Senate Bill 5096, a bipartisan proposal introduced by 4^th District Sen. Mike Padden that would aid businesses looking to adopt an employee stock ownership plan (ESOP) corporate structure.

During his floor speech on SB 5096, Padden mentioned the many benefits to employee ownership.

“This bill promotes employee ownership, which I think is a very valuable thing, not only for our employees but for society,” said Padden, R-Spokane Valley. “Studies have shown that 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 stay locally.”

Padden added that the bill would help those businesses looking to adopt an ESOP.

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

SB 5096 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 proposal is backed by a very diverse group of supporters, including the Spokane Valley Chamber of Commerce and Schweitzer Engineering Laboratories.

The bill now goes to the House for further consideration.

Senate passes Padden bill raising penalty for custodial sexual misconduct

The Senate today voted 48-0 to pass a bipartisan bill that aims to impose longer sentences on sexually abusive jail and prison guards.

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 4^th District Sen. Mike Padden, the ranking Republican on the Senate Law and Justice Committee.

“Officers who work in our state’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.

“Senate Bill 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, named “Kimberly Bender’s law,” 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 session, Dawn Reid testified in favor of the proposal. Reid is 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 harassed her. Reid asked Padden to name the legislation after her daughter.

Michele Devlin, Clallam County’s chief criminal deputy prosecutor, also 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.

SB 5033 now goes to the House of Representatives for further consideration.

Bills in Senate, House would force people to obtain permit to buy a gun, mandate safety class. Appears unconstitutional.

Note: The following e-newsletter was sent to Sen. Padden’s subscribers Feb. 22, 2023. To subscribe to Sen. Padden’s newsletter, click here.

Dear friends and neighbors,

This year’s legislative session is reaching a key transition point. During the previous six weeks, the Senate devoted much of its time to committee meetings to hold public hearings on Senate bills that had been assigned there.

Last Friday was the deadline for the Senate’s policy committees to pass Senate bills that originated there. This week, the only Senate committee meetings being held are for its two fiscal panels, the Transportation Committee and the Ways and Means Committee. These two panels have until this Friday to approve bills sent there earlier this session.

Starting on Monday, the Senate will devote several hours daily, from morning to evening, to floor sessions in which we will debate and vote on bills that survived the committee process. Our “floor session” phase will last about two weeks until we reach the Senate floor “cutoff” on March 8. That’s the final day for the full Senate to pass its own bills except for proposals necessary to implement the upcoming state operating, capital and transportation budgets.

We will know soon whether either chamber will be in a position to vote on extreme legislation that should greatly concern gun owners and Second Amendment advocates.

House Bill 1143 would force Washingtonians to take a safety class to obtain a permit to purchase a firearm, along with other restrictions on dealers and purchasers. It already was passed by the House Civil Rights and Judiciary Committee late last month, and received a public hearing in the House Appropriations Committee on Feb. 8. It is scheduled to be passed by House Appropriations tomorrow.

Senate Bill 5232 is not identical to HB 1143, but it’s close enough to be just as objectionable. I opposed it in the Law and Justice Committee, but my Democratic colleagues pushed the bill through last week. It is before the Ways and Means Committee, which would have to take action this week for the bill to remain alive.

These proposals threaten the rights of law-abiding citizens, and would increase financial burdens on Washington families, while doing nothing to address the irresponsible and illegal use of guns in our state. They both appear to violate the U.S. Supreme Court’s recent Bruen decision.

My Republican colleague, 39^th District Senator Keith Wagoner of Sedro-Woolley, wrote an excellent guest editorial, published last week in the (Tacoma) News Tribune, in which he explains why he opposes this legislation, which was requested by Governor Inslee.

I will keep a close eye on these proposals and work hard to stop them.

This newsletter covers other issues and events happening in Olympia in this past week.

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

Ways and Means Committee passes “DUI lookback” bill

Earlier this week, the Senate Ways and Means Committee approved Senate Bill 5032, a measure that I introduced that 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.

Washington state has seen an alarming increase in traffic deaths over the past few years, and drunk driving and drug-impaired driving are two leading causes. This bill would help get the most dangerous drivers off the road and into treatment. Our state has seen too many accidents and fatalities caused by drunk and drug-impaired drivers, especially repeat offenders. This bill could help reverse this tragic trend.

Repeat impaired-driving offenders commit most of the vehicular homicides and vehicular assaults in Washington. This is a bill to try to prevent those horrible, senseless crimes.

SB 5032 would give offenders a chance to undergo a highly structured treatment program.

The commission has a current preliminary estimate of 745 traffic fatalities in 2022. No 2022 figures on traffic deaths involving drug- or alcohol-impaired driving are available yet.

SB 5032 now goes to the Senate Rules Committee, which decides which bills can proceed to the Senate floor for a vote by the entire Senate.

Joining Republican legislative leaders in front of statehouse reporters

During the session, the two top legislators on our side of the aisle – Senate Republican Leader John Braun and House Republican Leader J.T. Wilcox – hold a weekly Republican “media availability” during which they share their thoughts on issues facing the Legislature, and answer questions from reporters.

I joined the two Republican leaders and 7th District Republican Rep. Jacquelin Maycumber during this week’s media availability with reporters. Several topics were covered, including police pursuits, drug offenses and other public-safety issues, K-12 education, child care and early learning, staff levels for nursing, taxes and a proposed road-usage charge (also known as a “mileage tax”). I discussed how Washington’s restrictive police-pursuit law is resulting in our state’s cannabis shops being victimized more than in any other state in the U.S. You can watch my comments on that issue here. I also explained why Senate Republicans opposed a proposal, Senate Bill 5257, which would require a minimum amount of time for school recess each school day. You can watch my comments here.

You can watch the entire media availability here.

Former Spokane County judge and wife visit Capitol

On Tuesday, former Judge Greg Tripp and his wife JoAnn, a retired math teacher at Shadle Park High School, visited the Senate chamber during their short visit to Olympia. For several years, Greg and I served together as Spokane County District Court judges. It was nice to see both of them.

Gas prices continue rising after Washington ‘carbon tax’ activated

Last week’s e-newsletter included a section about how fuel prices in Washington have increased significantly since January 1, when the “cap-and-trade” program, created by a Democrat-sponsored law in 2021, was implemented.

Earlier this week, The Center Square published a story about how this was the sixth week that saw fuel prices rise after the implementation of the state’s “carbon tax” two years after Democratic majorities in the Legislature passed Senate Bill 5126, the so-called Climate Commitment Act.

This segment of The Center Square story is especially worth reading:

On top of these higher prices, as of Jan. 1 of this year, Washingtonians also have a new cap-and-trade system to pay for at the pump.

According to a recent report by the Washington Policy Center’s Environmental Director Todd Myers, gas prices in Washington have already spiked 10 cents per gallon relative to California and Oregon.

“What the data show is that prices in Washington state jumped suddenly over the last two weeks much more than the other states on the West Coast,” the report stated.

Ultimately, the full impact of the new carbon tax won’t be known until regular auctions occur. The report notes that the new law “sets a minimum price of $22/metric ton of CO2, which translates to 17 cents per gallon. The price could go as high as $81/MT which would be 65 cents per gallon.”

Otis Orchards student serves as page

One of the highlights of being a senator during a legislative session is meeting pages from the local community who work in the Legislature. This week I had the honor of getting to know Julia Petersen, a sophomore at Chesterton Academy of Notre Dame, who is working as a Senate page this week. Julia is the daughter of Vincent and Amanda Petersen of Otis Orchards. Julia plays piano and sings, and she plays volleyball. She also is involved in Newspaper Club. The Senate Republican Caucus sponsored Julia as a page at my request.

Contact us!

Phone: (360) 786-7606

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

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.

Opposing bill to make assisted suicide easier

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

In 2008, Washington voters approved Initiative 1000, which established the so-called “Death with Dignity Act.” Opponents call it “Assisted Suicide Expansion.”

Efforts have been made the last two years to remove what was sold as safeguards when the Initiative was passed. Those efforts failed. Again this year there is another effort being promoted that would make it easier for some patients to seek assisted suicide.

Senate Bill 5179 would add advanced registered nurse practitioners and physician assistants to the category of health-care providers authorized to order the lethal drugs. The bill also would reduce the required 15-day waiting period between the first and second oral requests for life-ending medications to seven days and would eliminate the 48-hour waiting period for such medications once a written request is made. Even the seven days is misleading because the lethal drugs can be administered immediately if the death appears imminent. In addition, the requirement for a second opinion has been eliminated. Safeguards are gone.

The measure was passed by the Senate Health and Long Term Care Committee 6-4, although there appeared to be some uneasiness among the majority.

Before the committee passed SB 5179 along party lines, I outlined some of the reasons why I opposed this measure. You can view and listen to my comments on SB 5179 here.

When the bill received a public hearing before the committee, good arguments were made as to why the Legislature should not pass it: This bill would do more harm than good. It would further normalize suicides, and would remove safeguards that were put in by the original law to protect vulnerable patients. The current waiting period allows people the time to reflect and change their mind, but this bill would cut down that time drastically. The terminally ill have declining decision capacity, which gives them impaired capacity to make the decision to end their life. Vulnerable patients might make rash decisions and a bad day could be their last day. This bill would increase assisted suicides and worsen the existing law. The bill is opposed by Disability Rights Washington, American Medical Association, Washington State Medical Association, Alliance for Hippocratic Medicine, Physicians for Compassionate Care Educational Foundation, Patients Right Action Fund, Washington State Catholic Conference, Family Policy Institute of Washington, Human Life of Washington and many others.

This newsletter covers a number of other issues and events happening in Olympia in this past week.

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 passes bill that addresses affordable housing

The Senate on Wednesday unanimously approved a bill that I introduced that would help create more affordable housing and 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 from the definition of multiunit residential building. The Senate passed the proposal 48-0.

Washington has one of the lowest homeownership rates in the nation. This proposal would help address the lack of affordable housing in our state. In fact, a number of Washington cities with limited land area expressed support for this measure.

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

DUI ‘lookback’ bill receives Ways and Means hearing

Senate Bill 5032, my proposal to combat impaired driving on Washington roads, continues to be in play this session. The Senate Ways and Means Committee held a public hearing on SB 5032 on Monday.

The measure 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.

According to statistics compiled by the Washington Traffic Safety Commission, Washington road deaths reached a 20-year high in 2021. There were 670 traffic deaths in 2021, including 272 fatalities involving drug-impaired driving and 155 deaths involving alcohol-impaired driving. In 2020, Washington had 574 traffic fatalities, including 214 involving drug-impaired driving and 135 involving alcohol-impaired driving. The commission has a current preliminary estimate of 745 traffic fatalities in 2022. No 2022 figures on traffic deaths involving drug- or alcohol-impaired driving are available yet.

Our state has seen an alarming increase in traffic deaths over the past few years, and drunk driving and drug-impaired driving are two leading causes. This bill would help get the most dangerous drivers off the road and into treatment. Preventing impaired driving should be a key goal in our state. We’ve seen too many accidents and fatalities caused by drunk and drug-impaired drivers, especially repeat offenders. This bill could help reverse this tragic trend.

SB 5032 was approved earlier this session by the Senate Law and Justice Committee and Senate Transportation Committee. February 24 is the deadline for the Ways and Means Committee to pass Senate bills sent to that panel.

Washington’s ‘carbon tax’ costing drivers more at the pump

Have you noticed a sharp hike in gasoline prices in recent weeks? If you have, you are not alone.

The Washington Policy Center recently posted a story about how the price hike in gas is due to the “carbon tax” that is part of the “Climate Commitment Act” enacted by the Democratic majorities in the Legislature in 2021. Opponents of this law, which created what some call the “cap-and-trade” (or “cap-and-tax”) program, have argued for two years that it would result in sharp fuel increases.

Much of the WPC article in especially noteworthy:

Gas price data from the EIA is released on Monday, and this week Washington’s gas prices have increased about 26 cents per gallon since the beginning of the year compared to other Western states (minus California). The price of Regular gasoline in Washington stayed flat, but declined about two cents per gallon in the rest of the West.

The AAA gas price data tell a slightly different story, with the difference between Washington and other states declining since last week. Compared to the rest of the West, Washington’s prices have increased about 22 cents per gallon since the beginning of the year. And while last week, Washington’s prices were about 25 cents per gallon more than the average of AAA’s prices for Oregon and Idaho, a big increase in Idaho’s prices in the last week means that our price is now 17 cents per gallon more than the average of those two states since the beginning of the year.

Using the EIA and AAA data for Washington compared to the West coast, the average increase is about 24 cents per gallon. If we include the Idaho/Oregon comparison, it goes down to about 22 cents per gallon. The large variability in Idaho is a reminder that there are other factors at play in driving prices, so all numbers should include a margin of error.

Twenty-four cents per gallon equates to about $31 per metric ton of CO2. This is also the price two people have reported to me that propane dealers are adding to their bill. Until the actual price of the tax is set in late February, that looks like the price most companies are settling on.

There are complaints from some in the agriculture and marine sectors that the CO2 tax is being applied to their fuel costs when it should not be. Both sectors were carved out in the legislation but there is confusion about how to apply those rules on the ground. One bill has already been introduced to develop a system to address these uncertainties.

This complexity is a problem with the cap-and-trade system. The rules were rushed into place and fuel distributors are still having to guess at the actual cost of the tax because the Department of Ecology isn’t holding the first auction for allowances until the end of February. Similarly, the challenges of implementing the complex system, like those being faced by the agricultural sector, should have been anticipated. A recent report comparing a flat tax on CO2 to a cap-and-trade system noted that it “requires an entirely new administrative agency to create and track allowances, hold auctions, and develop rules to prevent fraud and abuse.” My guess is that we will see more implementation challenges in the upcoming months.

Bill seeks to make ‘The Evergreen State’ Washington’s official nickname

Most Washingtonians, even many schoolchildren, know that Washington is referred to as “The Evergreen State” thanks to the many coniferous forests – including Douglas firs and cedars on the west side of the Cascades and ponderosa pines on the east side – that stand tall throughout Washington.

The nickname for Washington was used by Gov. John H. McGraw in his 1893 inaugural address, and has been considered by the Legislature for official designation, but it has never been adopted.

It’s surprising to learn that “The Evergreen State” is not Washington’s official nickname, though many assume it is. But there is a bill before the Legislature this session to change that.

Senate Bill 5595, a bipartisan measure prime-sponsored by my Republican colleague, 19^th District Sen. Jeff Wilson of Longview, would designate “The Evergreen State” as Washington’s official nickname. I am one of 39 co-sponsors on the bill.

The state nickname proposal was approved last Friday by the Senate State Government and Elections Committee and is now on the second reading calendar, which means it could receive a Senate floor vote soon.

Contact us!

Phone: (360) 786-7606

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

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.