Budget deal reached; third special session starts tomorrow

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106 Newhouse Building ● P.O. Box 40404 ● Olympia WA 98504-0404

Report from Olympia |  June 27, 2015

Dear Friends and Neighbors,

There was some breaking news overnight. At 1:30 a.m. the governor announced that legislative negotiators had reached a tentative deal on a new operating budget. While details of the deal have just been released, there is now hope that we’ll be able to avoid a state-government shutdown when the current operating budget expires at the end of the day June 30.

Unfortunately, a third special session will be needed to complete that work. We expect it will be a short, 3-day session.

All year long, the Senate has fought for a budget that is sustainable, provides relief to our middle-class parents and students through a tuition cut, and most importantly, meets our obligations without new taxes.

This week, the Senate once again passed several bills aimed at improving public safety by toughening Washington’s felony-DUI law and addressing other issues related to impaired driving. After passing Senate Bill 5105 unanimously three times this year, the Senate will have to do it one more time for this important measure to finally receive a vote from the House of Representatives.

Lastly, the Senate also paid tribute to the late WSU President Elson Floyd. You can read more about this below.

As always, I welcome your input on any issue relating to state government. Please feel free to contact me anytime via email or by calling our district office at (509) 921-2460.

Thank you, as always, for the continued opportunity to serve you in the state Senate.

Best regards,

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Senator Mike Padden

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Remembering Elson Floyd

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The WSU flag was raised over the capitol on Thursday in honor and rememberance of WSU President Elson Floyd, who passed away from cancer this month.

This week, both the House and Senate took time away from negotiations on the budget to pass resolutions honoring late Washington State University President Elson Floyd. The reading of the resolutions gave lawmakers an opportunity to discuss the legacy of President Floyd as one of the most effective and passionate advocates for WSU, parents, students and higher education as a whole.

Most senators also highlighted what a good, decent and caring man President Floyd was, and how much he will be missed.

In addition to the resolution, the Senate also unanimously voted to name the newly-approved WSU medical school the “Elson S. Floyd School of Medicine.” The bill, which is sponsored by Sen. Michael Baumgartner, will need to pass both the Senate and House of Representatives in the new special session in order to become law.

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Senate passes legislation to help deal with drunk drivers

Felony-DUI bill moves to House for third time this year

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For the third time since lawmakers convened at the state Capitol in January, the Senate has unanimously passed our bill to make a fourth DUI conviction in 10 years a felony. Unfortunately, we will have to do so one more time in order for the bill to become law.

Forty-five states have felony-DUI laws; of those only Washington requires five convictions within a 10-year period. Neighboring Oregon and Idaho require only three DUI convictions. Senate Bill 5105, while not the final step in getting tough on drunk drivers, is an important step.

The Senate has passed this common-sense bill unanimously three times this year, and it has the full support of Attorney General Bob Ferguson, law enforcement, prosecutors and – most importantly – victims’ families.

Today was the last day to act before the end of the current legislative session, yet House leadership adjourned without taking up this measure. This means that we will have to send the measure to the House yet again in the upcoming third special session. With just days to go before lawmakers leave town, it is important that this legislation to take dangerous repeat DUI offenders off our roads be a part of the final go-home package.

You can click here to read my recent blog post on this issue.

The Senate also sent over to the House two other bills related to improving public safety.

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Protecting the public: Pretrial alcohol and drug monitoring

Senate Bill 6134 would clarify that a $150 limitation on costs for pretrial supervision does not apply to those for pretrial electronic alcohol and drug monitoring. The bill is in response to the decision in Washington v. Hardtke. In that case, the state Supreme Court found that the costs for an electronic alcohol-monitoring bracelet fit under the statutory meaning of “pretrial supervision.” The practical effect of that decision is that courts can no longer impose reasonable, pretrial supervision, intended to protect victims and the public at-large. This bill fixes that problem. It passed the Senate on Wednesday 41-3, but will now require another Senate vote in the upcoming third special session.

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Helping law enforcement deal with impaired drivers

On Thurday the Senate passed House Bill 1276, which deals with impaired driving. The legislation covers a lot of ground and is the product of much work and compromise. Provisions of the bill include:

  • Specific DUI offenders must install an ignition-interlock device on all motor vehicles they operate, sign a sworn statement not to operate any vehicle without an IID, and participate in alcohol monitoring at their own expense.
  • Courts are required to notify the Department of Licensing in instances where a defendant is required to use an IID and in instances where such restrictions are lifted.
  • It becomes a traffic infraction to have an open container of marijuana in the main compartment of a vehicle while on a public highway.
  • The Department of Health is required to adopt rules for the training and supervision of forensic phlebotomists, and permits a physician, nurse or other medical professional to collect a blood sample when directed to do so by a law enforcement officer for the purpose of a blood test.

HB 1276 passed the Senate 38-6, and now heads to the governor.

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Victims' Voice Act passes Senate

Arlene Roberts
Arlene Roberts, an 80-year-old woman with no family or estate, was brutally murdered in 1978. In cases like hers, who speaks for the victim?

On Wednesday the Senate unanimously passed Senate Bill 6099, also known as the Victims’ Voice Act.

Sometimes the court gets it right and sometimes it gets it wrong, but in either case there are often real-world consequences that need to be addressed.

This bill is in response to a controversial ruling by the state Supreme Court in April that a detective’s testimony on behalf of an 80-year-old murder victim, urging the court to reject a plea agreement and give her killer a harsher sentence, violated the defendant’s due-process rights.

Under the VVA, which passed the Senate unanimously, if a crime victim is deceased and has no estate or surviving family or any other representative, a prosecuting attorney may appoint an investigative law-enforcement officer or community victims advocate to serve as a representative of the victim during the sentencing hearing. The appointed representative of the victim would be permitted to make a sentencing recommendation that is different from that provided in a plea agreement.

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Supreme Court rules on gay marriage

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Click the image above to view my comments on the U.S. Supreme Court's controversial ruling legalizing gay marriage throughout the country.