Tag Archives: Senate Bill 5032

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.

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.

For third consecutive year, Senate passes Padden bill to combat impaired driving

Following a 20-year high in traffic deaths in Washington, the Senate today again approved an anti-impaired driving bill sponsored by 4th District Sen. Mike Padden.

Senate Bill 5032, which was passed 48-1, 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.

“Washington has suffered a significant increase in traffic deaths over the past few years, and drunk driving and drug-impaired driving are two leading causes,” said Padden, R-Spokane Valley. “This bill tries to remove the most dangerous drivers from our roads and highways 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 reduce traffic deaths.”

Padden, the ranking Republican on the Senate Law and Justice Committee, said 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 bill tries to prevent those horrible and senseless crimes,” said Padden, a former Spokane County district court judge.

Padden pointed out that SB 5032 would give offenders a chance to undergo a highly structured treatment program.

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.

SB 5032 now goes to the House of Representatives for further consideration.

A similar proposal introduced by Padden, Senate Bill 5054, was passed by the Law and Justice Committee and the full Senate during the 2021 and 2022 legislative sessions, including unanimous approval last year. The bill later died in the House both years.

Bills in Senate, House would force people to obtain permit to buy a gun, mandate safety class. Appears unconstitutional.

Note: The following e-newsletter was sent to Sen. Padden’s subscribers Feb. 22, 2023. To subscribe to Sen. Padden’s newsletter, click here.

Dear friends and neighbors,

This year’s legislative session is reaching a key transition point. During the previous six weeks, the Senate devoted much of its time to committee meetings to hold public hearings on Senate bills that had been assigned there.

Last Friday was the deadline for the Senate’s policy committees to pass Senate bills that originated there. This week, the only Senate committee meetings being held are for its two fiscal panels, the Transportation Committee and the Ways and Means Committee. These two panels have until this Friday to approve bills sent there earlier this session.

Starting on Monday, the Senate will devote several hours daily, from morning to evening, to floor sessions in which we will debate and vote on bills that survived the committee process. Our “floor session” phase will last about two weeks until we reach the Senate floor “cutoff” on March 8. That’s the final day for the full Senate to pass its own bills except for proposals necessary to implement the upcoming state operating, capital and transportation budgets.

We will know soon whether either chamber will be in a position to vote on extreme legislation that should greatly concern gun owners and Second Amendment advocates.

House Bill 1143 would force Washingtonians to take a safety class to obtain a permit to purchase a firearm, along with other restrictions on dealers and purchasers. It already was passed by the House Civil Rights and Judiciary Committee late last month, and received a public hearing in the House Appropriations Committee on Feb. 8. It is scheduled to be passed by House Appropriations tomorrow.

Senate Bill 5232 is not identical to HB 1143, but it’s close enough to be just as objectionable. I opposed it in the Law and Justice Committee, but my Democratic colleagues pushed the bill through last week. It is before the Ways and Means Committee, which would have to take action this week for the bill to remain alive.

These proposals threaten the rights of law-abiding citizens, and would increase financial burdens on Washington families, while doing nothing to address the irresponsible and illegal use of guns in our state. They both appear to violate the U.S. Supreme Court’s recent Bruen decision.

My Republican colleague, 39th District Senator Keith Wagoner of Sedro-Woolley, wrote an excellent guest editorial, published last week in the (Tacoma) News Tribune, in which he explains why he opposes this legislation, which was requested by Governor Inslee.

I will keep a close eye on these proposals and work hard to stop them.

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

Ways and Means Committee passes “DUI lookback” bill 

Earlier this week, the Senate Ways and Means Committee approved Senate Bill 5032, a measure that I introduced 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. 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.

Washington 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. 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.

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.

SB 5032 now goes to the Senate Rules Committee, which decides which bills can proceed to the Senate floor for a vote by the entire Senate.

Joining Republican legislative leaders in front of statehouse reporters

During the session, the two top legislators on our side of the aisle – Senate Republican Leader John Braun and House Republican Leader J.T. Wilcox – hold a weekly Republican “media availability” during which they share their thoughts on issues facing the Legislature, and answer questions from reporters.

I joined the two Republican leaders and 7th District Republican Rep. Jacquelin Maycumber during this week’s media availability with reporters.  Several topics were covered, including police pursuits, drug offenses and other public-safety issues, K-12 education, child care and early learning, staff levels for nursing, taxes and a proposed road-usage charge (also known as a “mileage tax”). I discussed how Washington’s restrictive police-pursuit law is resulting in our state’s cannabis shops being victimized more than in any other state in the U.S. You can watch my comments on that issue here. I also explained why Senate Republicans opposed a proposal, Senate Bill 5257, which would require a minimum amount of time for school recess each school day. You can watch my comments here.

You can watch the entire media availability here.

Former Spokane County judge and wife visit Capitol

On Tuesday, former Judge Greg Tripp and his wife JoAnn, a retired math teacher at Shadle Park High School, visited the Senate chamber during their short visit to Olympia. For several years, Greg and I served together as Spokane County District Court judges. It was nice to see both of them.  

Gas prices continue rising after Washington ‘carbon tax’ activated

Last week’s e-newsletter included a section about how fuel prices in Washington have increased significantly since January 1, when the “cap-and-trade” program, created by a Democrat-sponsored law in 2021, was implemented.

Earlier this week, The Center Square published a story about how this was the sixth week that saw fuel prices rise after the implementation of the state’s “carbon tax” two years after Democratic majorities in the Legislature passed Senate Bill 5126, the so-called Climate Commitment Act.

This segment of The Center Square story is especially worth reading:

On top of these higher prices, as of Jan. 1 of this year, Washingtonians also have a new cap-and-trade system to pay for at the pump.

According to a recent report by the Washington Policy Center’s Environmental Director Todd Myers, gas prices in Washington have already spiked 10 cents per gallon relative to California and Oregon.

“What the data show is that prices in Washington state jumped suddenly over the last two weeks much more than the other states on the West Coast,” the report stated.

Ultimately, the full impact of the new carbon tax won’t be known until regular auctions occur. The report notes that the new law “sets a minimum price of $22/metric ton of CO2, which translates to 17 cents per gallon. The price could go as high as $81/MT which would be 65 cents per gallon.”

Otis Orchards student serves as page 

One of the highlights of being a senator during a legislative session is meeting pages from the local community who work in the Legislature. This week I had the honor of getting to know Julia Petersen, a sophomore at Chesterton Academy of Notre Dame, who is working as a Senate page this week. Julia is the daughter of Vincent and Amanda Petersen of Otis Orchards. Julia plays piano and sings, and she plays volleyball. She also is involved in Newspaper Club. The Senate Republican Caucus sponsored Julia as a page at my request.     

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 backs bills to hold felons, corrections officers accountable

Note: The following e-newsletter was sent to Sen. Padden’s subscribers Feb. 3, 2023. To subscribe to Sen. Padden’s newsletter, click here.

Dear friends and neighbors,

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. 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.

The crime of first-degree custodial sexual misconduct is already a Class C felony, but that unfortunately does not seem to be having the appropriate deterrent effect. I introduced Senate Bill 5033 to reclassify this crime as a Class B felony, which would allow a prison term of 10 years instead of the current five-year maximum.

The Law and Justice Committee heard testimony about the bill on Monday, as reported by KING-TV in Seattle (click here to view the report). The committee unanimously passed SB 5033 yesterday. I expect it will be sent to the Senate Rules Committee, which acts as a final gatekeeper before bills that have been passed by other Senate committees can reach the Senate floor.

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

Panel hears bill requiring pursuit of community-custody violators

One of the problems with Washington’s criminal-justice system is the state Department of Corrections’ failure to prioritize the pursuit of felons who have violated terms of their community supervision, which leaves them free to commit more crimes.

Senate Bill 5226 aims to address that problem. It would require the Department of Corrections to prioritize staffing to pursue active warrants for community-custody violators. In doing so, my bill tries to refocus the agency on its highest duty, which is public safety – because that duty is not being carried out if arrest warrants are going unserved.

This proposal resulted from a 2016 Senate investigation into the premature release of about 3,000 prisoners from the Department of Corrections. Information related to that investigation can be viewed here.

Offenders who have warrants out on them are more prone than others to reoffend. By serving these warrants, we can see some positive changes, including the possibility that these people will not reoffend.

Spokane County Prosecuting Attorney Larry Haskell, Spokane County Sheriff John Nowels and Spokane Police Chief Craig Meidl testified remotely from Spokane in favor of the proposal. Their willingness to offer support is greatly appreciated; that testimony can be seen here.

DUI ‘lookback’ bill clears
second committee hurdle

The Senate’s 12 policy committees have until Feb. 17, or a little more than two weeks from now, to act on Senate bills. When a bill passed by a policy committee has a budget component, it almost always goes before a fiscal committee as well. That means more work for the Senate’s two fiscal committees, which is why they are given an additional week to decide which bills move ahead.

My Senate Bill 5032, known at the Capitol as the DUI “lookback” bill, received the Senate Transportation Committee’s endorsement on Monday. It aims to reduce impaired driving in Washington, and had already been approved at the policy level, by the Senate Law and Justice Committee.

The Senate’s 12 policy committees have until Feb. 17, or a little more than two weeks from now, to act on Senate bills. When a bill passed by a policy committee has a budget component, it almost always goes before a fiscal committee as well. That means more work for the Senate’s two fiscal committees, which is why they are given an additional week to decide which bills move ahead.

My Senate Bill 5032, known at the Capitol as the DUI “lookback” bill, received the Senate Transportation Committee’s endorsement on Monday. It aims to reduce impaired driving in Washington, and had already been approved at the policy level, by the Senate Law and Justice Committee.

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.

Transportation is a fiscal committee, and ordinarily a bill that has received fiscal-committee approval proceeds directly to the Senate Rules Committee. For some reason – perhaps because it would increase the prison population, which costs money – SB 5032 is instead headed for Ways and Means, the Senate’s other budget committee. Considering half of the sponsors of this bill are also members of Ways and Means, this added stop should not be a roadblock.

Other bills still moving:

  • Senate Bill 5218, which would provide tax relief to people who require specialized, medically prescribed equipment such as custom wheelchairs — “complex rehabilitation technology products,” as the legislation puts it. SB 5218 is scheduled for a public hearing Feb. 7 before the Senate Ways and Means Committee, after receiving approval from the Senate Health and Long Term Care Committee.
  • Senate Bill 5096, which would aid businesses looking to adopt an employee stock ownership plan (ESOP), is also before the Senate Ways and Means Committee after being passed last week by the Business, Financial Services, Gaming and Trade Committee. Ways and Means has through Feb. 24 to take action.

Washington has a shortage of homes that people can afford to buy – especially those looking for their first home – and the staggering cost of regulations is a big reason why. The Building Industry Association of Washington recently compiled the latest numbers showing how the cost of a home is inflated by a variety of government-controlled factors. I am a co-sponsor of Senate Bill 5027, to promote housing affordability and home construction; it has received a public hearing before the Senate Housing Committee, a new panel for 2023.

West Valley student
serves as Senate page

It is a joy to see young people from across our state come to the Capitol to serve as pages for the Legislature. This week I had the honor of sponsoring Hadassah Duff as a Senate page. She is the 15-year-old daughter of Jaime Colds-Duff and Rocky Duff of Spokane, and a sophomore at West Valley High School. Hadassah is involved in cross country and track, National Honors Society, and is the president of her school’s HOSA (Health Occupation Students of America) club. 

Celebrating and honoring
Americans of Chinese Descent

Those of us serving in the Legislature know January as the month that our annual sessions begin, as specified in Washington’s constitution. If Senate Bill 5000 becomes law, January will also become “Americans of Chinese Descent Month” in our state.

The Senate passed SB 5000 unanimously this week, with the prime sponsor – Sen. Keith Wagoner, R-Sedro-Woolley – noting how the designation is a perfect fit for Washington, as Americans of Chinese descent make up the largest percentage of Asian-Americans in our state.

This bill also would encourage public schools to remember and honor the many contributions and achievements made by the Chinese-American community, and designate time for appropriate activities in commemoration of our state’s complicated history with the Chinese community – “the good and the bad,” as Senator Wagoner put it.

There’s a heartwarming tie between this bill and our legislative district, as I noted when speaking in the Senate chamber prior to our vote (click here to view my remarks). In January, Central Valley High School student Lucy He received a legislative certificate of appreciation for winning the Chinese American History Month national essay contest, sponsored by Asians for Equality – a group that also testified in support of SB 5000 at the committee level.

The connection became deeper when Dr. John Parker, the Central Valley School District’s new superintendent, also spoke in favor of the legislation, with a compelling recollection of the three years he and his wife, Ashley, spent at Shanghai Community International School in Shanghai, China.

The Senate unanimously passed a version of this legislation in 2022, but it was not brought to a vote in the House. Hopefully SB 5000 will become law this year, so we can mark Americans of Chinese Descent Month in 2024; either way it was uplifting to hear senators offer their respect to those in the Chinese-American community before passing the bill.

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.

Democrats making extreme attempt to expand abortion

Note: The following e-newsletter was sent to Sen. Padden’s subscribers Jan. 26, 2023. To subscribe to Sen. Padden’s newsletter, click here.

Dear friends and neighbors,

One of the most controversial measures before this year’s Legislature received a public hearing Tuesday morning in the Senate Health and Long Term Care Committee.

Senate Joint Resolution 8202, if passed by the Legislature and then by voters statewide, would give constitutional protection to abortion access in Washington.

As someone who is strongly pro-life, I oppose this extreme and overreaching proposal that was requested by Governor Jay Inslee and is sponsored by 16 Senate Democrats. This measure would move our state toward the “abortion anytime, abortion anywhere” goal that many pro-abortion people want to see realized.

Contrary to what our governor might believe, most people have complex and nuanced views on abortion. According to a national Marist Poll last May, only 24 percent of Americans think abortion should be available at any point during a pregnancy, while 68 percent favor some type of restrictions on abortion. This proposed constitutional amendment could open the door for future legislatures in Washington to ease current restrictions on abortions in our state. 

We need to show our humanity and compassion toward the unborn child as well as the mother, and there are proposals this session that reflect this need. For instance, I have sponsored a proposal (Senate Bill 5098) that would ban abortions of unborn children with Down syndrome. One of my colleagues, 7th District Sen. Shelly Short, has introduced a measure (Senate Bill 5227) that would ban abortions based on sex selection – like aborting a girl simply because the parents want a boy.  

There were 622 people who signed up against SJR 8202 while only 325 signed up in favor of it. Among those opposing it was Bishop Frank Schuster of the Archdiocese of Seattle.

Senate Democratic leaders should consider this strong opposition when deciding whether to move their proposal forward.

You can watch TVW’s coverage of the public hearing by clicking here.

Because SJR 8202 is a proposed constitutional amendment, the Legislature cannot enact it alone – the people get the final say. It would require two-thirds approval in the Senate and two-thirds approval in the House to be placed on the statewide ballot for Washington voters to decide in the 2023 general election in November. 

I think most Washingtonians, even those who generally support abortion, would find this proposal too extreme and unacceptable. I’m hopeful the Legislature will not pass SJR 8202, which could result in abortions becoming even more commonplace in our state.

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

Committee passes bill helping employee stock ownership plans 

Testifying on SB 5096 before the Senate Business, Financial Services, Gaming and Trade Committee earlier this month.

You might recall that the Senate Business, Financial Services, Gaming and Trade Committee last week held a public hearing on my proposal (Senate Bill 5096) that would aid businesses looking to adopt an employee stock ownership plan (ESOP) corporate structure.

There was good news early this week when the committee approved SB 5096. This measure 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.

The bill now goes to the Senate Ways and Means Committee for further consideration.

Committee OKs bill removing red tape for small condominium building construction  

The Senate Law and Justice Committee this morning passed a bill I’ve introduced that would help encourage home ownership in our state 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 bill received support from several groups and individuals during its public hearing on Monday, including Spokane Valley City Council member Arne Woodard, who told the committee, “Throughout Washington state, including the Spokane Valley, we need more homeownership opportunities. Condominiums provide a great opportunity for homeownership…To capture homeownership opportunities, we need to change those Washington state laws that are preventing condominiums from being constructed. We need to cut the red tape. Senate Bill 5058 does exactly that for small condominiums with 12 units or less.” 

Other organizations or individuals testifying in favor of SB 5058 included the Building Industry Association of Washington, Master Builders, Washington Realtors and Jim Frank of Greenshore New Beginning Homes. You can watch TVW’s coverage of the bill hearing here.

Spokane teen works as Senate page

It was my honor and privilege to sponsor Spokane resident Alex Lucas as a Senate page this week. Alex, 14, is an eighth-grader at Saint Charles Catholic School. The son of David and Laura Lucas, he is a Boy Scout and enjoys skiing, hunting, fishing and motorsports.

State Supreme Court hears state income tax case today

In 2021, Democratic majorities in the Legislature passed a measure creating a state income tax, despite arguments by Republicans that this proposal was illegal and unconstitutional. Early last year, Douglas County Superior Court Judge Brian Huber ruled that the state income-tax law was indeed unconstitutional, but proponents of the tax appealed in the hope that the state Supreme Court would hear the case and rule in their favor. They are aware that a majority of the nine justices were appointed by Democratic governors who support a state income tax.

The Supreme Court last summer announced that it would consider the appeal. After months of anticipation by those following this contentious issue, the justices are holding its hearing on the state income-tax case today. To watch TVW’s coverage of the hearing, click here. 

Last week, The Seattle Times published an op-ed piece that argued why the state Supreme Court should agree with the Douglas County judge and toss the state income tax out. This part is especially worth reading:

Did you know Washington’s Supreme Court could approve a new “excise tax” that will follow you wherever you go? Did you know that over the past 12 years the state has experienced a 150% increase in tax revenue — from $26 billion to $66 billion? Do you believe that, even with this spectacular increase in revenue that the state Legislature would ever cut “regressive” taxes on sales, gas, soda or liquor?

If you answered no, no, and no, you are not alone.

Next Thursday, Jan. 26, the state Supreme Court will hear arguments about the legality of a new tax. The state Legislature invented this tax in 2021, despite having a $10 billion surplus, under an “emergency” clause. By using the emergency clause, it circumvented the will of Washington state residents who have traditionally had a say on any major tax changes via initiative or referendum. In fact, it is clear the citizens don’t want this excise tax as they rejected it 61% to 39% in a statewide advisory vote in November 2021.

The state also claims that this new tax is a legal “excise tax” on personal income from capital gains. The problem is that an excise tax is typically paid on things like retail sales, gas or liquor and collected where the items are purchased. But this new tax is on your income earned anywhere, which means it’s an illegal excise tax that would follow you wherever you go. Or to put it another way, it’s like Washington state charging you an additional gas tax on gas you bought in Oregon or any other state! 

Meeting with Spokane Conservation District officials

Yesterday morning I met with Brittany Tyler (left) and Vicki Carter (right) in my office to discuss their goal to have a permanent farmers market in the Spokane region. Vicki is the director of the Spokane Conservation District and Vets on the Farm.  We had a good chat. It was nice of Brittany and Vicki to make the long trip to Olympia this week.   

Radio interviews on public safety issues

During a legislative session, radio stations or talk-show hosts in the Northwest reach out to me to comment on bills or issues before the Legislature. The past week was no exception.

After the Senate Law and Justice Committee last week passed my proposal (Senate Bill 5032) to combat impaired driving, KOMO Radio in Seattle aired a story about the committee’s vote to advance it. You can hear my comments from an audio news release that KOMO Radio used for its story.

Earlier this week, Portland-based talk-show host Lars Larson, whose program is carried by many radio stations throughout the Northwest, interviewed me live on the air about bills before the Legislature this session that deal with the possession of hard drugs. You can hear the interview with Lars 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.

Committee passes Padden bill to combat impaired driving

For the third time in three years, and amidst an increase in traffic fatalities in Washington caused by alcohol- and drug-impaired drivers, an anti-impaired driving bill from 4th District Sen. Mike Padden has been approved by the Senate Law and Justice Committee.

Senate Bill 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 committee passed SB 5032 during its meeting today. The bill now goes to the Senate Transportation Committee for further consideration.

A similar proposal introduced by Padden, Senate Bill 5054, was passed by the Law and Justice Committee and the full Senate during the 2021 and 2022 legislative sessions, including unanimous approval last year. The bill later died in the House both years.

At the bill’s public hearing earlier this week, Padden told his fellow members of the Law and Justice Committee that repeat impaired-driving offenders commit most of the vehicular homicides and vehicular assaults in Washington.

“This is a measure to try to prevent those horrible, senseless crimes,” Padden testified. “Four years ago, I was out driving here in Olympia on a weekend on I-5. Right at the Pacific Avenue exit I saw the remains of a crash in which a 17-year-old Hispanic woman from the Tri-Cities was killed. They were changing a tire on the shoulder and a repeat drunk driver crashed into them on the shoulder.”

Padden, the ranking Republican on the Law and Justice Committee, said similar 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.

“I think it’s common sense to make the lookback period 15 years instead of 10,” added Padden, a former Spokane County district court judge.

Padden said this year’s bill also would give offenders a chance to undergo treatment with the hope they eventually will no longer have a problem with alcohol or drugs.

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,” said Padden. “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.”

The bill received supporting testimony from several people and organizations, including Gov. Jay Inslee’s public safety policy official, the Washington State Patrol and the Washington Association of Sheriffs and Police Chiefs.

TVW’s coverage of the public hearing on SB 5032 can be viewed here.