Tag Archives: illegal drugs

The bell rings — 60-day legislative session starts today

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

Dear friends and neighbors,

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

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

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

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

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

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

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

To Track Legislation 

  1. Go to leg.wa.gov  
  1. On the left-hand panel, click “Bill Information.”  
  1. If you know the bill number, enter it in the search field and click enter. 
  1. Don’t have a bill number? Under the section “Standard Reports” you’ll find alternative tracking tools. You may search based on topic, within a specific biennium, and more. 

If you have questions about how to participate in state government this year or thoughts to share on anything in this e-newsletter, please give me a call or send me an email. 

Thank you, as always, for the honor of serving as your state senator!

Best Regards,

Senator Mike Padden

Meet Team Padden for 2024 session 

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

Reporters challenge Inslee over gas prices at legislative preview 

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

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

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

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

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

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

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

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

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

Senator Padden asks a question during a committee meeting.

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

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

Two other proposals I’m introducing this session are:

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

Contact us!

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

Phone: (360) 786-7606

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

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

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

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

 

Seattle already has passed 2022 homicide total – with three months left

Note: The following e-newsletter was sent to Sen. Padden’s subscribers September 28, 2023. To subscribe to Sen. Padden’s newsletter, click here.

Dear friends and neighbors,

In recent years, a glaring example of how our state’s crime problem has worsened is the rise in homicides in Seattle and King County.

On Monday, a story published by The Seattle Times shows the homicide problem in Washington’s largest city is especially bad this year. This section is especially noteworthy:

There have been 114 homicides committed in King County as of Friday, when two men were killed in separate Seattle incidents, according to a Seattle Times database. That’s five deaths shy of the 119 homicides investigated in both 2021 and 2022.

This year’s tally has exceeded the county’s 113 homicides in 2020 — a figure that was up from 73 the year before.

Exactly half of this year’s killings have occurred in Seattle, which has totaled 57 homicides, including Friday’s Belltown and Columbia City killings, according to The Times’ database, which is compiled with preliminary information from police, prosecutors and the King County Medical Examiner’s Office.

Seattle police investigated 33 homicides in 2019, 53 in 2020, 41 in 2021 and 54 in 2022, according to The Times’ data. With more than three months left in the year, it’s conceivable the city could break its 1994 record of 69 homicides in a single year.

“It’s a concerning trend,” Dan Clark, a King County chief criminal deputy prosecutor, said of 2023’s homicide count. “We all had anticipated that as we were coming out of the pandemic, some of these disturbing numbers would drop and we haven’t seen that so far.”

As in recent years, this year’s homicides span the gamut of gang-related shootings, domestic-violence killings, violence in homeless encampments, road rage, drug- and prostitution-related killings, and homicides resulting from drug use or mental health crises.

The high – and likely record-breaking – number of homicides in our state’s most populous county is cause for concern. While there are several likely causes for the high number of King County homicides, a few that immediately come to mind are: 1) the decline in the number of police officers in Seattle and other King County communities, which makes it harder to maintain law and order in these communities; 2) the relaxing of state law by Democratic majorities in the Legislature that limited law-enforcement officers’ ability to pursue suspects; and 3) the Legislature weakened state drug-possession laws a couple of years ago, which resulted in such a notable increase in drug-overdose deaths that Washington now leads the U.S. in both drug-overdose deaths and the percentage increase in drug-overdose deaths.

The weakening of Washington’s drug-possession law in 2021 probably has been a factor in crimes in our state. The Democrat-controlled Legislature this year passed a law increasing the penalty for drug possession from a misdemeanor to what is functionally a hybrid of a misdemeanor and a gross misdemeanor. But many opponents of this new law, myself included, believe it needed to provide tougher punishment so drug offenders would be more willing to undergo treatment to avoid more jail time. People need to be held accountable when they break laws. When lawbreakers are in jail or prison, they aren’t hurting society. 

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

Litter becomes greater problem in WA

Washington has become a national leader in several unwanted categories over the years, from ranking first in the U.S. for drug-overdose deaths to currently having the third-highest gasoline prices in America after briefly having the most expensive gas in the country. Our state also has the lowest number of law-enforcement officers per capita of all states (plus the District of Columbia), a key factor why Washington has experienced a steady and disturbing rise in crime. 

We can add litter to this dubious list for Washington.

The (Tacoma) News Tribune last week reported our state has ranked above the national average with litter on roadways and public areas, according to a recent study.

Here are interesting snippets from The News Tribune story:

  • The national average is 5,714 pieces of litter per mile according to a 2020 nationwide study. Washington state clocked in at 8,112 pieces per mile according to the statewide litter study commissioned in 2022 by the Washington State Department of Ecology that was released Monday, although the agency said they are unsure why there is significantly more litter in the state compared to others.
  • The Department of Ecology estimated that nearly 38 million pounds of litter accumulates every year on roads and in public areas throughout the state. That averages out to about 5 pounds of litter per resident in Washington.
  • Cigarette butts, food wrappers, snack bags, glass bottles and construction debris were named as some of the most common items found on the roadside, according to the study.
  • More than 300 traffic crashes and 30 injuries were caused by debris from unsecured loads, the Department of Ecology said. Five deaths were attributed to debris from unsecured loads.

This problem has not escaped the Legislature’s notice. In 2021, legislators and the governor approved a bipartisan bill introduced by one of my Republican colleagues, 31st District Sen. Phil Fortunato, that enhances litter control in Washington. This law prioritizes litter control along the state’s highways and requires the state Department of Ecology to contract with the Department of Transportation to schedule litter-prevention messaging and coordinate litter-emphasis patrols with the Washington State Patrol.

There has been evidence of this new anti-litter law in action, as a litter crew was spotted next to I-5 in the Tacoma area last week, and an electronic sign south of Olympia last week asked motorists and passengers to not litter.

However, the Legislature should fully implement Sen. Fortunato’s original anti-litter bill from 2021. The House had removed an important part from the original version of that measure that required the Department of Ecology to prioritize funding litter control along state highways when distributing funds to state agencies for litter control programs. The original bill should have been passed by the Legislature two years ago instead of the altered version that became law.

State flag flies over Capitol for new State Bar Association president

Ferry County resident Hunter Abell recently was chosen as the 2023-24 president of the Washington State Bar Association, which typically focuses on law and justice issues before the Legislature. At the request of a mutual friend, I contacted Secretary of State Steve Hobbs’ office in Olympia and arranged to have a Washington state flag flown over the state Capitol two weeks ago. The photo above shows that flag, as well as the certificate from Secretary Hobbs (my former Senate colleague) to Hunter that marks the occasion. 

Speaking at Oaks Academy ceremony

On September 15, I had the honor of speaking at the ribbon-cutting ceremony for a new $14.8 million building at The Oaks Classical Christian Academy in Spokane Valley. It was a good event that was well attended. More than 360 students attend the academy, which has a tremendous academic record and has a number of graduates who have attended some of the finest higher education institutions in the country.

Attending judicial meeting in Tumwater

Late last week, I traveled to Tumwater for the Interbranch Advisory Committee meeting at the state Supreme Court’s temporary chambers. State Supreme Court Chief Justice Steve Gonzalez provided a judicial branch update, and I joined one of my colleagues, Sen. Jamie Pedersen of Seattle, in providing a legislative update.

Contact us!

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

Phone: (509) 921-2460

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

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 says Washington’s drug-overdose crisis is now among worst in U.S.

New statistics from the federal Centers for Disease Control and Prevention show Washington’s fatal drug-overdose situation is even grimmer than a month ago, says Sen. Mike Padden, the lead Republican on the Senate Law and Justice Committee.

For the third straight month, the CDC has issued a report that finds Washington having the negative distinction of seeing the fastest drug-overdose death rate increase of any state in the country.

But, according to the latest CDC report, Washington now leads the country not just in the percentage increase in deaths, but also the number of increased deaths (688 more than in the prior 12-month period).

“Washington’s drug crisis continues to worsen, with this latest news from the CDC really underscoring how serious it has become,” said Padden, R-Spokane Valley. “When there are nearly 700 more drug-overdose deaths than the previous year, it is clear our state’s approach to drug use has not worked. More must be done to combat drug use and overdoses, including tougher punishment for using hard drugs, before even more lives are lost.”

The full CDC report can be viewed here.

According to the CDC, Washington has seen a nation-leading 28.4% increase in drug-overdose deaths between March 2022 and March 2023 (up from 23.9% for the period between February 2022 and February 2023). Oregon ranks second at 19.6%, followed by Nevada (19%) and Alabama (14%). The national average is a miniscule 0.1% increase.

The recent CDC figures illustrate the effect of Washington’s decriminalization effort because they show the rise in drug deaths between 2021 and 2023, as the liberalized drug law took effect.

The 2021 Blake ruling by the state Supreme Court declared Washington’s felony drug-possession statute was unconstitutional because it criminalized possession even when a person did not knowingly have drugs. However, the ruling did not lower the criminal penalty for illegally possessing hard drugs from a felony to a misdemeanor. After the Blake decision, the Democrat-led Legislature in 2021 responded with a law that did reduce the criminal penalty for illegally possessing hard drugs from a felony to a misdemeanor. As a result, many police agencies ceased enforcement efforts.

By eliminating the threat of jail time, the 2021 law eliminated incentives for addicts to enroll in drug-treatment programs. It also eliminated a tool used by law enforcement in sweeps of homeless camps.

The punishment under the new drug-possession law (called the “Blake fix”), approved by the Legislature during a one-day special session in May, is basically a hybrid between a gross misdemeanor and a misdemeanor. Padden does not think that will be an effective deterrent for drug offenders. Under the new law, possession convictions before July 2023 are not taken into account, so the new law ignores an offender’s criminal history when it comes to sentencing. Padden pointed out an offender’s full criminal history should be taken into account. The new law took effect on July 1, and no benefit has been seen yet.

“In King County, they’re having trouble finding room at the morgue,” said Padden. “These new statistics from the CDC demonstrate the terrible consequences of the decisions made by our colleagues. All of us in Washington are affected by this uptick in drug usage, whether we have a loved one who is afflicted or is at risk of being victimized by addicts who must steal to support their habits.

Last month, Padden joined other Senate Freedom Caucus members, including 31st District Sen. Phil Fortunato, 2nd District Sen. Jim McCune and 19th Sen. Jeff Wilson, in issuing a news release pointing out Washington had become a national leader in drug-overdose deaths.

“We’ve said all along that we should have kept our felony statutes in force. I voted against the new law this year because it wasn’t tough enough. Common sense tells us our state won’t get a handle on overdose deaths until we restore our felony laws and make prison time a possibility.”

Legislature fails to pass bill addressing drug-possession penalties

Note: The following e-newsletter was sent to Sen. Padden’s subscribers April 27, 2023. To subscribe to Sen. Padden’s newsletter, click here.

Dear friends and neighbors,

The Legislature ended its 105-day session Sunday night. As usually happens, the final days of the session focused on passing the final versions of the 2023-25 state operating, capital and transportation budgets, along with working out any disagreements on bills that were still alive.

One failure by the House Democrats was not approving a fix of the 2021 state law on drug possession penalties. There is more about this issue later in this newsletter.

I voted against the operating budget passed Sunday by the Legislature because of wasteful spending. In fact, the final operating budget was worse than the Senate’s version of this budget several weeks ago. It’s worth noting that all 40 House Republicans voted against the final operating budget.    

State Capitol at dusk, with cherry trees in bloom.

First, the operating budget provides $15.5 million over the next two years for abortion-related services, including funding for “outreach, patient navigation, and staffing” at the Department of Health to implement the governor’s program to bring women to Washington from states that have abortion restrictions. During session, the governor announced his administration had spent millions of dollars to stockpile chemical abortion pills that may never be used before being discarded. It is very wrong to use taxpayer dollars to make Washington an “abortion destination state.”

Second, the operating budget includes $2 million in funding for yet another study involving the four lower Snake River dams. Doing another study of these dams is a waste of taxpayer dollars because the dams belong to the federal government, not the state, so it is a federal decision. Like other eastern Washington legislators and eastern Washington’s congressional delegation, I think the four Snake River dams in our state should not be breached.

Third, this budget does not provide widespread tax relief, especially property-tax relief. Many Washingtonians are being taxed out of their homes, and some property-tax relief, which the state can afford, would help many homeowners. While many other states, such as California and Idaho, have provided tax relief for their citizens in recent years, our Democrat governor and Democrat-run Legislature in Washington still refuse to return some money to hard-working taxpayers.   

On the positive side, the new operating budget does not raise taxes, which is a welcome change from state spending plans in recent years.

Although the operating budget had problems, the new state capital and transportation budgets were worthy of support. Information about the capital budget’s funding of 4th District projects is found later in this e-newsletter.

This will be the last e-newsletter for a few weeks, but monthly e-newsletters will be sent out starting in late May or early June. 

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

Capital budget funds many 4th District projects

The two-year state capital budget unanimously passed by the Legislature includes many projects in the 4th Legislative District, allowing district residents to see their tax dollars at work in their local communities. The Senate version of the capital budget, which was better for the 4th District, prevailed in the negotiations between the Senate and House during the final days of session.

The capital budget funds 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.
  • $543,000 for Avista Stadium improvements 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 the Spokane Valley Heritage Museum.
  • $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 is located.

The capital budget funds the construction and maintenance of state buildings, public-school matching grants, higher-education facilities, public lands, parks, and other assets.

Thanks to Senate office staff

With my session staff, Ethan Mettlin (left) and Irina Dolbinina (middle).

A special thanks goes to my Senate office staff for their terrific work throughout the legislative session. Irina Dolbinina, who served as my office intern several years ago, returned this year to be my session aide. During session, Irina became my legislative assistant when my previous LA, Scott Staley, had to leave for family reasons. With this session over, Irina is returning to her law practice in Vancouver, Washington.

Ethan Mettlin began the year as my session intern, but he was promoted to session aide when Irina became legislative assistant. Ethan served the office well in his temporary position. Ethan is finishing his studies at Central Washington University.

Best of luck to Irina and Ethan in their future endeavors!

With their departure, Annalise Hemingway will become my new legislative assistant next Monday, May 1. Annalise was my intern in the 2022 session. She will work in my district office in Spokane Valley during the interim months. The district office phone number is 509-921-2460.

Updated 4th District government guide still available

Every year or two, our office produces and mails a 4th District government guide to residents of our legislative district. With the help of my staff, we recently produced and sent out an updated government guide that includes helpful contact information on your local, state and federal government elected officials, as well as other government services. The online version of the new government guide can be found here.

If you did not receive the new government guide and would like a printed copy, please contact my district office at 509-921-2460, starting May 1.

No drug-possession bill passed at end of session

One of the failures of this session was the House’s inability to pass a bill that fixes a flawed law from two years ago that deals with punishment for drug possession.

In February 2021, in the state Supreme Court’s decision in State v. Blake, justices ruled Washington’s felony drug-possession statute was unconstitutional because it criminalized possession even when a person did not knowingly have drugs. The Blake decision essentially decriminalized the possession and use of drugs like heroin, methamphetamine and fentanyl. 

After the Blake ruling, the Democrat-led Legislature passed a law in response to the decision. The new law reduced the criminal penalty for illegally possessing hard drugs from a felony to a misdemeanor. It is widely agreed that this law did not work, and it expires this year.

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

The Senate passed its version of this proposal, Senate Bill 5536 in March. (I voted against it because possession of hard drugs like fentanyl, heroin and methamphetamine should be a felony. Making it a felony for hard-drug possession would provide leverage so people can get into successful treatment programs like drug court.) The Senate version declared that illegally possessing hard drugs is a gross misdemeanor while possessing other classes of drugs is a misdemeanor. Under the Senate-passed proposal, if a defendant successfully completes a pretrial diversion program, the drug-possession charge would be dropped and jail time is avoided. If someone is convicted of possessing drugs and agrees to an assessment and complies with drug treatment, the jail sentence is suspended.   

On April 11, the House approved a different version of the bill, one that the Senate refused to accept. I was part of a six-member conference committee (four Democrats, two Republicans) that met late last week to work on a compromise version of the bill. However, when that compromise proposal reached the House floor Sunday night, it failed 55-43, as several Democrats and all of the Republicans voted against it. Had the Democrats on the conference committee implemented some of the Republican suggestions to the bill, I think many Republicans in the House would have voted for the compromise bill.

Legislature fails to make substantial progress against impaired driving

One of the failures this session was the House’s inability to pass meaningful legislation that would help combat impaired driving.

In the final days of the session, a bill that represented a significant step toward addressing impaired driving stalled because of inaction by House Democrats. Apparently, certain legislators did not want this stronger approach for one reason or another. As a result, our state likely will continue to see even more traffic accidents and traffic deaths because of impaired driving. The people of Washington deserve better.

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, but I expect the number will be significant.

House Bill 1493 is the proposal that would have addressed impaired driving. The version passed by the Senate included language from Senate Bill 5032, my bipartisan measure 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. Under SB 5032, 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. SB 5032 would give offenders a chance to undergo a highly structured treatment program.

After the House refused to concur (or agree) with the Senate’s amended version of HB 1493, the Senate last week voted to recede from its original amendments to the bill and then added a floor amendment that included language found in SB 5032 before unanimously passing the newly amended HB 1493. In other words, the Senate passed the policy language for SB 5032 three times this session, and the Senate approved HB 1493 twice this year.

However, the House did not bring the latest version of HB 1493 to the floor for a vote before session adjourned Sunday night. The inaction by the House to bring it up for a vote is mind-boggling and a huge disappointment.

It was the third straight year that the life-saving policy found in SB 5032 had been approved by the Senate, only to be rejected by the House.

Another disappointment was the late decision to remove $400,000 from the 2023-25 state transportation budget – money to evaluate the outcomes and effectiveness of oral swab tests to detect alcohol/drug combination DUI violations. The evaluation would have been handled by the Washington Traffic Safety Commission, through a pilot program established before next March.

That funding would have allowed law enforcement to see how effective the oral-swab tests would help in determining if drivers were legally impaired. The funding was part of the Senate transportation budget plan, so it’s very disappointing that it was yanked out at the last minute.  

Despite these setbacks, there was a measure of good news in the effort to curtail impaired driving. The new operating budget includes ongoing funding for drug courts; also, the operating budget and the new transportation budget together provide roughly a $6 million increase for toxicology labs, primarily to deal with backlogs and to open a new lab in Federal Way.

Earlier this week, KVI Radio talk-show host Ari Hoffman interviewed me about the inability of the House to pass House Bill 1493. We also discussed SB 5058, my bill to make it easier for smaller condominium buildings to be constructed. You can listen to that interview here.   

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.

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.

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!

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 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 4th Legislative District.

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

Padden bill to increase penalty for drug possession receives committee hearing

The Senate Law and Justice Committee held a public hearing today on a bill introduced by 4th District Sen. Mike Padden that aims to reverse the alarming trend in fentanyl use and fentanyl-related deaths in Washington.

Padden’s measure, Senate Bill 5035, would make possession or use of illegal drugs like fentanyl, methamphetamine and heroin a class C felony, with opportunities for drug court participation.

“In 2021 the Democrat majority in the Senate passed Senate Bill 5476, which de facto decriminalized possession of hard drugs, such as fentanyl, meth and heroin,” said Padden, R-Spokane Valley. “It’s no wonder fatal drug overdoses are hitting record numbers in Washington. The Democrats’ law that decriminalized drugs has been an absolute and costly failure. We need to fix this crisis, and Senate Bill 5035 would help us do that, including a chance for offenders to go into drug diversion programs.”

SB 5035 is one of several proposals heard by the Senate Law and Justice Committee today that seek to provide a new legislative response to the state Supreme Court’s February 2021 decision in State v. Blake. The justices ruled Washington’s felony drug-possession statute was unconstitutional because it criminalized possession even when a person did not knowingly have drugs. SB 5476, which was passed by the Legislature two months after the high court handed down its decision, is a temporary fix that expires this summer.

“There is general agreement that the action taken by the Legislature in response to Blake did not work. Senate Bill 5476 expires this year, so we need to take new action this session. We need the proper leverage to get those people into treatment. A misdemeanor charge won’t compel them to get into treatment as much as a felony charge,” said Padden.

SB 5035 is scheduled to receive a vote in the Law and Justice Committee on Thursday.

According to the state Department of Health, 2,264 people in Washington died of a drug-related overdose in 2021, compared to 1,731 drug-overdose deaths in the state in 2020 and 1,259 in 2019.

Spokane resident Molly Cain signed up in support of SB 5035. Cain testified on Feb. 1 during the U.S. House Energy and Commerce Committee’s Health Subcommittee legislative hearing on the fentanyl crisis. Part of Cain’s congressional testimony can be viewed here. Cain’s son, Carson, died of a fentanyl poisoning in 2020 at age 23.

Senate Republicans unveil trio of bills to improve public safety

Two members of the Senate Republican Caucus have prefiled bills for the 2023 legislative session that aim to reverse recent criminal-friendly laws passed by Democratic majorities.

“One of our main goals this session is to advance bills that will help make people and communities safer in our state,” said Sen. Mike Padden, R-Spokane Valley, who is ranking Republican on the Senate Law and Justice Committee and was a Spokane County District Court judge from March 1995 until January 2007. “Unfortunately, thanks in large part to harmful laws passed by our Democratic colleagues, many people throughout Washington are feeling less safe in recent years. They have every right to expect the Legislature to take action to reverse this alarming increase in crime.”

The three key public-safety proposals introduced by Padden and a Senate Republican colleague include:

Senate Bill 5034, prime-sponsored by Padden, would change state law to again make it easier for law-enforcement officers to pursue suspects in vehicles. In 2021, the Legislature changed the legal standard required for officers to engage in vehicular pursuits, limiting law enforcement’s ability to pursue and detain suspects.

“It’s no coincidence that crime has dramatically increased since this law was passed because it has severely restricted law-enforcement officers from pursuing suspects. Until we make it easier for officers to do their job, we’ll continue to see this spike in crime. Communities deserve better,” said Padden.

Senate Bill 5035, introduced by Padden, would make possession or use of illegal drugs like fentanyl, methamphetamine and heroin a class C felony with diversion opportunities and drug court.

“In 2021 the Democratic majorities in the Legislature passed SB 5476, which reduced the penalty for drug possession to an unenforceable misdemeanor that does not effectively utilize data-supported drug court programs. It’s no wonder fatal drug overdoses are expected to hit record numbers in Washington this year. The Democrats’ law that decriminalized drugs has been an absolute and costly failure,” said Padden.

Senate Bill 5011, prefiled by Sen. Lynda Wilson, R-Vancouver, supports her recent vow to restore second-degree robbery to the list of offenses counted as a strike under Washington’s voter-approved “three-strikes” law. Majority Democrats had dropped that crime from the list in 2019, then applied the change retroactively in 2021 – which allowed Clark County child-rapist and murderer Roy Wayne Russell, Jr. to evade the mandatory life-without-parole sentence that comes with a third “strike.”

“There are more on the lifer list who could be resentenced and walk free someday. It’s as though the majority did this with no regard for the victims’ families,” said Wilson. “We need laws that are fair to victims, and this mistake needs to be fixed. I hope those who thought weakening the law was a good idea will recognize the error they made and join us to correct it.”

The 2023 legislative session is scheduled to begin on Jan. 9 and end on April 23.