Tag Archives: first-degree custodial sexual misconduct

Governor signs Padden bill raising penalties for sexually abusive jail guards

Note: The following e-newsletter was sent to Sen. Padden’s subscribers March 30, 2023. To subscribe to Sen. Padden’s newsletter, click here.

Dear friends and neighbors,

I am pleased that my public safety bill that imposes longer sentences on sexually abusive jail and prison guards was signed today by Governor Inslee after being unanimously approved by both the Senate and House this session.

The law created by Senate Bill 5033 reclassifies the crime of first-degree custodial sexual misconduct (in which the corrections officer has sexually assaulted 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, which will take effect in late July, 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. The grid is based on the criminal history and the serious level of the crime.

Senator Padden and others join Governor Inslee as he signs Senate Bill 5033 today.

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. Like all the 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.

SB 5033 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.

When the bill was being considered by the Senate Law and Justice Committee early this session, it was named “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 me 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.

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

Senate passes flawed operating budget

Another key point of this year’s legislative session was reached when the Senate yesterday voted 40-9 to pass its new state operating budget for the upcoming 2023-25 biennium, which begins July 1.

While the Senate’s spending plan has some positive qualities, including funding to combat drunk driving and funding for two of my bills – Senate Bill 5218 and Senate Bill 5096 – I voted “no” on the budget for a number of reasons. Here are three important ones.

The first is because this budget provides $15 million over the next two years for abortion care, including more than $730,000 for “outreach, patient navigation, and staffing” at the Department of Health. This large amount of money is for the governor’s program to bring women to Washington from states that have abortion restrictions. It is incredibly wrong to use taxpayer dollars to make Washington an “abortion destination state.”

One of the lower Snake River dams in southeastern Washington.

Second, the Senate operating budget includes $500,000 in one-time funding for yet another study involving the four lower Snake River dams. This study, to be conducted by the state Department of Ecology, would look at the actions needed to “continue water use for irrigation during drawdown related to potential lower Snake River dam removal and thereafter of a natural flowing river.” These duplicative studies are a waste of taxpayer dollars. I share the strong belief of many eastern Washington legislators and eastern Washington’s congressional delegation that the four Snake River dams in our state should not be breached.

My third reason for opposing this budget is because it does not provide property-tax relief. Many Washingtonians are being taxed out of their homes, and some property tax relief, which the state can afford, would greatly help many homeowners. When Sen. Lynda Wilson, the ranking Republican on the Senate Ways and Means Committee, unveiled her Republican budget proposal two years ago, her plan included property-tax relief. It’s unfortunate this year’s Senate budget won’t provide it.

More information about the Senate operating budget, Senate Bill 5187.

House Democrats released their own operating budget plan on Monday. The House is expected to vote on its own two-year spending plan sometime next week.

Despite Republican opposition, Senate committee passes bills that would weaken Second Amendment rights

This legislative session, a few Democrat-sponsored bills aiming to erode Second Amendment rights have made their way through the Legislature. On Tuesday, the Senate Law and Justice Committee passed two of these measures, despite strong opposition by my Republican colleagues and myself.

One of the proposals, House Bill 1240, would ban the sale or purchase in our state of modern sporting rifles, or “assault weapons,” as Democrats prefer to call them. The measure was passed along party lines. Before that vote was taken, other Republicans and I offered 17 amendments to improve the bill or limit its negative impact, but all were defeated. Like many others, I oppose this bill because it would ban the purchase of some of the most commonly owned and lawfully possessed sporting firearms, including some shotguns and pistols. Many people possess semiautomatic firearms for self-defense, and certainly for hunting. If it becomes law, this proposal will be challenged in court and likely will be ruled unconstitutional.

The other gun measure passed by the committee’s Democratic majority is House Bill 1143, which would prohibit an individual from buying a firearm from a dealer until the buyer has passed a background check and has completed a firearm-safety training program. As opponents argued during testimony before the committee, this bill would restrict access to firearms and won’t address the root causes of crimes committed by individuals with a firearm. It infringes on the rights of Washingtonians to own a firearm. My Republican colleagues and I offered six amendments, but all were rejected.

When the two bills received public hearings in the Law and Justice Committee, a large number of people testified against them, with 37 speaking against HB 1143 and 107 against HB 1240. Both bills likely are now headed to the floor for a full Senate vote.

DUI ‘lookback’ proposal still moving, as part of other drunk-driving proposal

Earlier this session, the Senate voted 48-1 to pass Senate Bill 5032, my proposal to help combat drunk driving.

SB 5032 would expand the period for reviewing prior convictions of impaired driving to 15 years, from the 10 years now in state law, when determining whether a new offense of impaired driving is charged as a felony. Under the proposal, any person who has three or more prior DUI offenses within that 15-year lookback period would face a felony, rather than the current penalty of a gross misdemeanor. Furthermore, SB 5032 would give offenders a chance to undergo a highly structured treatment program.

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.

While it would have been preferable to pass SB 5032 as a stand-alone measure, I’m pleased that it is continuing to move forward this year as part of another proposal to combat drunk driving.

The Senate Law and Justice Committee recently passed House Bill 1493, which would make several changes to the state’s impaired-driving laws. Before doing so, the committee incorporated the SB 5032 language. The good policy in SB 5032 remains alive as part of HB 1493.

Concerns over land-use bill in Senate

One of the many House bills still being considered by the Senate this session is House Bill 1110, which would require certain cities planning under the state’s Growth Management Act to authorize minimum development densities on lots zoned predominately for residential use.

If HB 1110 reaches the Senate floor, I will vote against it. There are a few reasons why I have concerns with this bill. This is an issue that should be addressed by locals, not the state. This legislation takes away local control on land-use decisions from the cities of Spokane Valley, Liberty Lake and Millwood. It gives the decision-making power to Olympia. The folks in Olympia are not elected and do not have the same values as 4th Legislative District citizens.

The proposal was passed last week by the Senate Housing Committee and is scheduled to receive a public hearing tomorrow in the Senate Ways and Means Committee.

Ridgeline students visit Olympia

On Monday, I enjoyed meeting with members of Ridgeline High School’s Robotics Club during their visit to the Capitol. They were a bright group of students who have promising futures ahead of them.

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.

Governor signs Padden bill raising penalty for custodial sexual misconduct

A bipartisan bill, sponsored by 4th District Sen. Mike Padden, that aims to impose longer sentences on sexually abusive jail and prison guards was signed today by Gov. Jay Inslee after receiving unanimous approval by the Legislature this session.

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, which will take effect in late July, 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.

“I’m very pleased that the governor has signed this bill after both the Senate and House unanimously passed it earlier this session,” said Padden, R-Spokane Valley. “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. 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 bill was inspired by a KING-TV investigation about a Clallam County jail guard, John Gray, who served just over a year in prison after sexually assaulting four women.

When the bill was being considered by the Senate Law and Justice Committee early this session, it was named “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.

Padden is ranking Republican on the Senate Law and Justice Committee.

Thanks to everyone who took part in telephone town hall!

Note: The following e-newsletter was sent to Sen. Padden’s subscribers March 23, 2023. To subscribe to Sen. Padden’s newsletter, click here.

I held a telephone town hall that this past Monday night, when it was certain I would not be interrupting those who are once again following our local Gonzaga University Bulldogs in the NCAA men’s basketball tournament (myself included!). Thanks to the 80 or so people who took an hour out of their evening to take part in the town hall, and a special thanks to those who asked me live questions.

The telephone town hall was similar to a call-in radio program, and it’s a convenient way to reach constituents during the week while I’m still having to be over at the Capitol. I provided an update on the 2023 legislative session, including the status of my bills that are still alive, before taking live questions from participants. During the event, listeners were asked by the call’s moderator to use their phones to respond to three questions relating to the 2023 legislative session.

The first question was “Would you support legislation that allows law enforcement to pursue criminals again under the reasonable suspicion standard?” All 100% who responded voted “yes.”

The second question was “Should the Legislature enact legislation to ban the use of natural gas in Washington state?” This time, 100% of respondents voted “no.”

The third and final question was “Should the Legislature use the state’s budget surplus for property tax relief?” The response here was not unanimous but it was decisive, with 81.8% saying “yes” while 9.1% said “no” another 9.1% saying they were unsure.

Again, thanks to everyone who listened to the telephone town hall and to those who took part in the survey. Your participation is appreciated!

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

Legislature passes bill raising penalty for custodial sexual misconduct

I’m very pleased to see a bipartisan bill I sponsored this year that aims to impose longer sentences on sexually abusive jail and prison guards is headed to the governor after being unanimously passed yesterday by the House of Representatives. 

Senate Bill 5033 would reclassify the crime of first-degree custodial sexual misconduct (in which the corrections officer has sexual intercourse with the victim) from a Class C felony to a Class B felony, allowing a prison term of 10 years instead of the current five-year maximum. The bill also would reclassify 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, which would bring a maximum sentence of five years.

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. Like all the other people we entrust to administer justice, corrections officers must be held to a high standard, especially considering the unique level of authority they have over people in custody.”

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

You can view KING-TV’s story yesterday about the Legislature passing SB 5033 by clicking here.

When the bill was being considered by the Senate Law and Justice Committee early this session, it was named “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. Kimberly’s mother, Dawn Reid, asked me 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.

SB 5033 was passed by the Senate 48-0 on Feb. 27.

Senate’s capital budget includes several 4th District projects

The Legislative Building stands above blooming cherry trees early last spring.

The state capital budget funds the construction and maintenance of state buildings, public-school matching grants, higher-education facilities, public lands, parks, and other assets. The Senate version of the state capital budget for 2023-25 was released early this week. Just about everything I requested is included in this proposal, so I’m pleased with it.

The budget proposal helps fund several local athletic and recreational projects in our district, as well as performing arts projects and other local projects. It’s a good capital budget for the 4th District and for the state, and it’s good to see taxpayers’ money being invested in local projects.

Specifically, the Senate’s proposed capital budget would fund these 4th District projects:

  • $1.176 million for Spokane Valley Performing Arts Center construction, with another $1.849 million provided for the Spokane Valley Summer Theatre, which will be part of the performing arts center.
  • $1.03 million for the HUB sports fields in Liberty Lake.
  • $750,000 for Spokane Scale House Market in Spokane Valley.
  • $500,000 in Washington Wildlife Recreation Program funding for phase 2 work at Greenacres Park in Spokane Valley.
  • $350,000 for a synthetic turf field in Liberty Lake.
  • $207,000 for Veterans Memorial Balfour Park in Spokane Valley, with this funding having been repurposed from the 2022 state capital budget.
  • $130,000 for natural areas facilities preservation and access.
  • $100,000 for Mount Spokane Ski and Snowboard Park in Mead.
  • $100,000 for Spokane Valley Heritage Museum in the old Opportunity Township Building.
  • $100,000 from the Building Communities Fund Grant Program for expansion of the public food business incubator.
  • $40,000 to fund appraisals of two pieces of property, one in Liberty Lake that is being considered as the possible new location for the Army National Guard unit, and the other at Geiger Field, where the unit currently is located.

In addition, Senate capital-budget writers provided funding for several baseball-stadium projects across Washington, including $543,000 in local and community project funding for renovations to Spokane County Avista Stadium in Spokane Valley.

The Senate Ways and Means Committee approved the capital budget yesterday after holding a public hearing on it Monday. The full Senate is expected to vote on it tomorrow.

The House of Representatives is expected to release its proposed capital budget next week.

Update on Padden bills as new deadline for action approaches

The next key deadline for this year’s legislative session is next Wednesday, March 29. It’s the last day for House policy committees to approve Senate bills, and for Senate policy committees to pass House bills, except for proposals considered necessary to implement the budget.

With next week’s deadline approaching, I’m glad that some of my other bills besides SB 5033 are also alive and advancing through the Legislature:

  • SB 5032 would expand the period for reviewing prior convictions of impaired driving to 15 years, from the 10 years now in state law, when determining whether a new offense of impaired driving is charged as a felony. The proposal would increase the penalty from a gross misdemeanor to a felony offense for any person who has three or more prior DUI offenses within that “lookback” period. The bill received a public hearing Tuesday in the House Community Safety, Justice and Reentry Committee. You can watch my testimony on the bill here.
  • SB 5058 would help encourage home ownership in our state by making it easier for smaller condominium buildings to be constructed. It specifically would exempt buildings with 12 or fewer units that are no more than two stories from the definition of multiunit residential building. The proposal received a public hearing yesterday in the House Civil Rights and Judiciary Committee. My testimony can be viewed here. Spokane Valley Mayor Pam Haley and Spokane City Councilor Betsy Wilkerson also testified in favor of SB 5058. You can watch their testimony here. The committee is scheduled to vote on SB 5058 tomorrow.
  • SB 5096, which would aid businesses looking to adopt an employee stock ownership plan (ESOP) corporate structure, was passed last Friday by the House Innovation, Community and Economic Development, and Veterans Committee. It is now in the House Appropriations Committee, which has an April 4 deadline to approve Senate bills sent there.
  • SB 5218, which would provide tax relief to people who require specialized, medically prescribed equipment such as custom wheelchairs, was passed last week by the Senate Ways and Means Committee. It is now in the Senate Rules Committee, which acts as a final hurdle before bills reach the Senate floor. SB 5218 is considered necessary to implement the budget, so it did not to be approved by the Senate earlier this session.

Home Builders visit the Capitol

On Tuesday I enjoyed meeting with officials with the Spokane Home Builders Association, including Jacob Clark (second from right), who was my legislative assistant until he left late last year to work for the Home Builders Association. Others in the photo (from left to right) include Tyrell Monette, Sharla Jones, Katie Getman (who was holding her daughter, Anastasia) and Andrew Northrop. 

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.

Legislature passes Padden bill raising penalty for custodial sexual misconduct

A bipartisan bill that aims to impose longer sentences on sexually abusive jail and prison guards is headed to the governor after being unanimously passed today by the House of Representatives.

Senate Bill 5033 would reclassify the crime of first-degree custodial sexual misconduct (in which the corrections officer has sexual intercourse with the victim) from a Class C felony to a Class B felony, allowing a prison term of 10 years instead of the current five-year maximum. The bill also would reclassify 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, which would bring a maximum sentence of five years.

The proposal is prime-sponsored by 4th District Sen. Mike Padden, the ranking Republican on the Law and Justice Committee.

“I’m very pleased that both the Senate and House unanimously passed this bill and sent it to the governor,” said Padden, R-Spokane Valley. “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. 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 bill was inspired by a KING-TV investigation about a Clallam County jail guard, John Gray, who served just over a year in prison after sexually assaulting four women.

When the bill was being considered by the Senate Law and Justice Committee early this session, it was named “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.

SB 5033 was passed by the Senate 48-0 on Feb. 27. It now goes to Gov. Jay Inslee for final 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, 10th 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.

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.

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!

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

Phone: (360) 786-7606

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

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

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

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

Committee passes Padden bill raising penalty for custodial sexual misconduct

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

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

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

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

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

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

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

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

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