Tag Archives: DUI

Senate committee passes Padden bill to reduce impaired driving

A bill from 4th District Sen. Mike Padden that aims to reduce impaired driving on Washington’s roads and highways is advancing through the Senate.

Senate Bill 5791 was approved by the Senate Transportation Committee this past Thursday. The proposal would require the Washington State Patrol to establish a pilot program to evaluate the outcomes and effectiveness of oral fluid swabs as part of the enforcement of impaired-driving laws.

“Impaired driving continues to be a growing problem on our state’s roads, so the Legislature needs to take additional steps to combat it,” said Padden, R-Spokane Valley. “Oral-swab testing represents one more tool for law enforcement in reducing impaired driving. It’s important for law enforcement to see how effective the oral-swab tests would help in determining if drivers are legally impaired. If the pilot program under this proposal proves to be effective, as it has proven to be in Indiana, the Legislature can make oral-swab testing a permanent part of our state’s efforts to decrease impaired driving in Washington.”

During its public hearing in the transportation committee, many people testified in favor of the proposal. Supporters include the Washington State Patrol, Chuck DeWeese with the National Alliance to Stop Impaired Driving, Christopher Kirby of the Indiana Criminal Justice Institute and Ashley Bonus with Mothers Against Drunk Driving.

TVW’s coverage of the SB 5791 public hearing is available for viewing here.

SB 5791 is on the Senate’s second-reading calendar, which means it could receive a full Senate vote at any time.

According to the Washington Traffic Safety Commission, Washington road deaths reached a 21-year high in 2022. There were 740 traffic deaths in 2022, including 389 fatalities involving drug- or alcohol-impaired driving. There were 674 traffic deaths in 2021, including 345 fatalities involving impaired driving. In 2020, Washington had 574 traffic fatalities, including 282 involving impaired driving.

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, 19th 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!

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.

Padden bill to get tougher on repeat DUIs passes Senate

Today the Senate voted 45-3 to approve Sen. Mike Padden’s bill to extend the “look-back” in DUI cases, allowing courts to consider convictions over the preceding 15 years when preparing to hand down a sentence.

Padden urged the House of Representatives to follow the Senate’s lead in protecting citizens from repeat DUI offenders.

“While I am glad to see my colleagues in the Senate advance this legislation, it’s time for our friends in the House to step up,” said Padden, R-Spokane Valley.

“We have seen one shocking story after another this year about DUI fatalities and high levels of DUI arrests. We have an obligation to address this public-safety nightmare, which is harming way too many families in our state.”

According to committee testimony on the bill, people who have a prior DUI are 67 times more likely to be involved in a fatal crash than a comparable person with no priors. Prosecutors also argued that the bill would give them much more flexibility to encourage treatment options.

Senate Bill 5299 would allow more repeat offenders to be sentenced to prison terms. Washington makes the fourth DUI conviction a felony, but by law courts may consider only convictions within the last 10 years. SB 5299 would allow judges to look back an additional 5 years in considering previous offenses.

Padden called the measure a small but very important step in the right direction.

“By increasing the look-back period, this bill would have serious consequences for those who refuse to stop driving under the influence of alcohol or drugs,” said Padden, a former district-court judge who serves as the lead Republican on the Senate Law and Justice Committee. “I really wish judges could consider all of a repeat offender’s DUI offenses, but this bill gets us closer to that goal.”

SB 5299 has the support of Mothers Against Drunk Driving, the Spokane County Prosecuting Attorney, the Washington Association of Prosecutors, the King County Prosecutor’s Office, the Washington Traffic Safety Commission, the Washington State Patrol, the Washington Association of Sheriffs and Police Chiefs, the Attorney General’s Office, and the City of Seattle.

Senate unanimously passes Padden’s felony-DUI bill

Early this morning, at the end of a marathon session by lawmakers, the Washington State Senate unanimously passed Sen. Mike Padden’s bill to make a fourth DUI conviction in 10 years a felony. The policy is also funded in the Senate’s operating budget proposal, which was debated last night and is scheduled for a vote on Monday.

“This bill is really about going after those repeat offenders who are putting the public at risk and even taking lives,” said Padden, who chairs the Senate Law and Justice Committee.

“We have an obligation to look at the damage done to families like Russell Bartlett’s, who are devastated by having their loved ones ripped away from them in what is really a completely preventable crime. We owe it to them to get serious about taking these dangerous people off the streets.”

Forty-five states have felony-DUI laws; of those only Washington requires five convictions within a 10-year period. Neighboring Oregon and Idaho require only three DUI convictions.

Senate Bill 5105 would make a fourth DUI conviction in 10 years a felony, meaning state prison rather than county jail.

“For many of the family members of victims, this still does not go far enough,” said Padden. “I agree; by the time someone is caught driving under the influence three times, they have more than likely gotten away with it on dozens of other occasions.

“But this bill is a significant step in the right direction. It puts those who drive drunk over and over again on notice that we take this crime seriously and will continue to work to protect lives and punish repeat offenders.”

Senate budget committee backs Padden’s felony-DUI bill

Sen. Mike Padden’s bill to make a fourth DUI conviction in 10 years a felony is one step closer to Senate passage, after receiving a “do-pass” recommendation from the Senate’s Ways and Means committee today.

“We heard from the family of Russell Bartlett, a wonderful man who volunteered at hospices, who was mowed down at 9:30 in the morning, while walking on the sidewalk, by a drunk 27-year-old woman driving her boyfriend’s RV,” said Padden, who serves on the budget committee.

“When we weigh the cost of a bill that goes after repeat DUI offenders, we have an obligation to look at the emotional and financial costs to the Bartlett family and other victims of these completely preventable crimes.”

Forty-five states have felony-DUI laws; of those only Washington requires five convictions within a 10-year period. Neighboring Oregon and Idaho require only three DUI convictions.

Senate Bill 5105 would make a fourth DUI conviction in 10 years a felony, meaning state prison rather than county jail. The bill, as amended by the committee, also includes funding for prevention.

On Wednesday Dale Panattoni, the son-in-law of Russell Bartlett, appeared on KIRO-FM’s Dori Monson Show to urge support for the bill. Monson argued that those who oppose the bill because of the cost associated with punishing felony offenders should consider how the law’s passage would change behavior.

“People are going to stop driving drunk with three convictions if they know the fourth one will be a felony,” Monson told Panattoni. “They’re going to start calling Uber, or getting a taxi, or getting a designated driver. People will change their behavior. And if they are not willing to change their behavior, they absolutely deserve to be locked up before they do what they did to your father-in-law.”

SB 5105 now moves to the Senate Rules Committee, the final stop before a vote of the full Senate.