Tag Archives: SB 5179

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.

Opposing bill to make assisted suicide easier

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

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

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

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

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

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

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

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

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

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

Best Regards,

Senator Mike Padden

Senate passes bill that addresses affordable housing 

The Senate on Wednesday unanimously approved a bill that I introduced that would help create more affordable housing and help encourage home ownership in Washington by making it easier for smaller condominium buildings to be constructed.

Senate Bill 5058 would exempt buildings with 12 or fewer units that are no more than two stories from the definition of multiunit residential building. The Senate passed the proposal 48-0.

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

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

DUI ‘lookback’ bill receives Ways and Means hearing

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

The measure would expand the period for reviewing prior convictions of impaired driving to 15 years, from the 10 years now in state law, when determining whether a new offense of impaired driving is charged as a felony. The proposal would increase the penalty from a gross misdemeanor to a felony offense for any person who has three or more prior DUI offenses within that “lookback” period.

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

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

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

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

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

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

Much of the WPC article in especially noteworthy:

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

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

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

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

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

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

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

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

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

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

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

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

Contact us!

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

Phone: (360) 786-7606

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

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

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

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