Off and running in Olympia

The following newsletter was sent to subscribers to Sen. Padden’s newsletter Jan. 12, 2017. To subscribe to Sen. Padden’s newsletters, click here.

A handshake after taking the oath of office on the Senate floor on Monday, the opening day of the 2017 session. Chief Justice Mary Fairhurst, left, did the honors. Lt. Gov. Brad Owen, center, presided over one of his final floor sessions.

Dear friends and neighbors,

We’re off and running on our 2017 legislative session. The Legislature opened Monday for what is supposed to be 105 days at the state Capitol. We have many weighty issues on our plate this year, and we can only hope that we will finish on time.

The big issue of the year is the budget, and the hot topic is school funding. Gov. Jay Inslee has proposed the biggest tax in state history, $8.7 billion when fully implemented. Those of us in the Senate Majority Coalition Caucus take a dim view of that idea – we think the needs of the schools can be accommodated without a tax increase, through sound budgeting, maintaining healthy reserves, and an intelligent reorganization of the system. Our plan should be released soon.

As chairman of the Senate Law and Justice Committee, I will be working on issues that touch all of us in the Spokane Valley and the state as a whole. They include making it easier to charge repeat impaired drivers with felonies, and following up on our investigation last year of the Department of Corrections, to ensure that the agency does not repeat the mistakes that led it to release thousands of prisoners early.

There are a number of key issues for our district as well, including revisions to water law to ensure an adequate water supply for our fast-growing communities, and efforts to combat the growing scourge of property crime in our area. It’s looking like a busy session, and we’re open for business.

Gov. Jay Inslee appears before a joint session of the House and Senate Wednesday for his State of the State address.

Senate passes two-thirds for taxes rule

The Legislature opened as it always does, with pomp and ceremony. On Monday, those of us who stood for re-election last year took the oath of office for another term. Those who were newly elected were seated as well. On Wednesday we heard the governor deliver his State of the State address.

But perhaps the most significant of these formalities was the adoption of new rules in the Senate for the conduct of business. These rules, adopted by resolution every two years, contain a provision this year that is intended to mirror the popular two-thirds-for-taxes rule that has been embraced by Washington voters six times. This important taxpayer protection measure, which requires a two-thirds legislative vote on any measure that increases taxes, was overturned by the state Supreme Court in 2013. The court’s reasoning was that it imposed a requirement for final passage of a bill not stipulated in the state constitution.

In the Senate we found a way to impose the same requirement without crossing any trip-wires. Our new rule requires a two-thirds procedural vote before a bill can be advanced to “third reading” and final passage. Then the bill can be approved by a simple majority vote. The rule is expected to pass judicial scrutiny because it does not impose a new requirement on final passage, and because the constitution clearly allows the House and Senate to adopt their own rules.

Although then-Lt. Gov. Brad Owen refused to enforce the two-thirds rule when we adopted a similar measure in 2015, the Senate did not challenge his ruling. If Lt. Gov. Cyrus Habib chooses to rule in a similar manner, the Senate is prepared to vote to overturn him. This supermajority requirement is a vital protection for taxpayers. It ensures any tax increase imposed by the Legislature enjoys broad support, and prevents a narrow majority from forcing its will on the state.

Meet the team

If you visit Olympia while the Legislature is in session this year, please do not hesitate to stop by our office and saw hello. We are located in 106 Irv Newhouse Building. This year my legislative assistant is Janet Voye, my session aide is John “Jack” Grimm, and my session intern is Irina Dolbinia.

 

Coroners’ inquests offer insight into high-profile cases

We have heard much agitation of late for laws that would make it easier to prosecute police in cases where excessive force is alleged. But there already is a mechanism provided by state law that can do much to defuse community tensions in high-profile police shooting cases. Used properly, coroners’ inquests can be a useful tool to determine the facts.

We heard testimony in the Senate Law and Justice Committee Wednesday about the recent inquest in the city of Pasco into the shooting death of Antonio Zambrano in 2015. Zambrano was shot as he attacked officers by throwing rocks. The just-the-facts approach used last month in Pasco helped establish the truth about the incident, and cleared officers of wrongdoing. Although inquest findings are not binding on prosecutors and courts, Franklin County Coroner Dan Blasdel told the committee the inquest demonstrated that such proceedings can air the facts of a case so that the public “can see how the investigation was done, and that it was fair.”

We may consider revising state law this year to standardize inquest procedures, so that this useful tool may be used to greater effect statewide.

 

Human trafficking candlelight vigil at River Park Square

A candlelight vigil will be held Saturday, Jan. 14, at River Park Square mall, to increase awareness of human trafficking. In 2003, Washington state became the first state to declare human trafficking a criminal offense. Despite our strict laws, human trafficking often goes unrecognized and the cycle of abuse continues. Help us fight back against this modern-day slavery by showing your support for victims. Before the vigil there will be an art walk through from 2:30 to 3 p.m. The vigil itself runs from 3 p.m. to 3:45 p.m.