Report from Olympia -- March 27, 2015

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

Report from Olympia |  March 27, 2015

Dear Friends and Neighbors,

There are just four weeks left in the 2015 regular legislative session. Today – day 75 of the 105-day session – the majority party in the House of Representatives finally released its proposed operating budget. I’ll have more information on its proposal in my next update, but the initial news does not sound promising.

Despite having $3 billion more in new revenue from existing taxes, the House Democrats proposed a budget today that will spend more than the state will bring in– increasing spending by 15 percent or $5.2 billion. Secondly, they proposed $1.5 billion in higher taxes to pay for this spending. The tax increases jump to $2.4 billion in the following two-year budget.

One of those new taxes is a capital gains tax, which for many of us is way too similar to an income tax idea that has been repeatedly rejected by Washingtonians.

As always, thank you for the opportunity to serve as your state senator. Thank you as well for your interest in what’s happening in Olympia. If there is anything I can do for you, please let me know.

Best Regards,

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Senator Mike Padden

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Legislative Update: Bills continue to move through the House

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A good portion of this week was spent testifying before House committees on a few of my bills that received public hearings in that chamber this week.

Protecting private-property rights

On Wednesday the House Judiciary Committee held a hearing on our bill to protect private-property owners from having their property taken by government and given to a private company for economic-development purposes. The bill also would clarify that issues of blight and economic development are not sufficient causes for eminent-domain condemnations.

Senate Bill 5363, which passed the Senate by a vote of 30-19 earlier this month, would prohibit government’s use of its eminent-domain power for economic development.

This is a real situation. People across this state are increasingly concerned about their private-property rights because there are local governments that want to use this power in so-called blighted areas, rather than just letting the market decide it or leaving it to some voluntary process.

Private-property rights are fundamental in both our U.S. and state constitutions. Even though there has to be “just compensation,” it is still taking property against the wishes of the property owner. Of course, there is no problem if you have a willing buyer and a willing seller, but to use the power of government to condemn that property is a serious matter and should only be done sparingly and for a clearly defined public need.

The government should not be able to pick winners and losers, or have some understanding with a developer that they can come into an area they deem blighted and just take a property.

Tackling designer drugs

The House Commerce and Gaming Committee heard public testimony on Senate Bill 5673, a bill that would increase fines for the sale of designer drugs, such as synthetic cannabinoids, cathinones and methcathinones – commonly referred to as “bath salts.” The measure would also create a civil liability under the Consumer Protection Act for the sale of these drugs.

This bill deals with the growing problems of synthetic marijuana. In recent years we have seen a stark uptick in the number of hospital visits due to overdoses of synthetic marijuana– from 6,000 in 2009 to more than 28,500 nationwide in 2011.

Those who produce these designer drugs often change the chemical makeup slightly in order to avoid coming under a specific prohibition. This bill addresses that problem.

Under the bill, a person convicted of manufacturing, selling or distributing synthetic cannabinoids, cathinones or methcathinones must pay a fine between $10,000 and $500,000, in addition to other criminal and civil penalties. For those selling to minors, the minimum fine would be increased to $25,000.

SB 5673 passed the Senate earlier this month 47-0. The day after the hearing, the House Commerce and Gaming Committee voted to advance the bill also.

Making it easier to prosecute DUI offenses

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The House Public Safety Committee also considered one of my bills this week – a measure that would make it easier for law enforcement to obtain blood samples for forensic testing in criminal investigations – especially those concerning DUI offenses.

Senate Bill 5066 would create the classification of “forensic phlebotomist,” which the bill defines as a police officer, law-enforcement officer, or corrections employee who has completed a blood-collection training program and is certified to collect blood samples for forensic-testing purposes.

The bill would also permit a physician, nurse or first responder to withdraw blood or collect a blood sample without a person's consent if instructed to do so by a properly-authorized law enforcement officer for the purpose of forensic testing. In addition, it would clarify that a health-care professional’s refusal to take a blood sample or collection would not be considered failure to obey an order from law enforcement.

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Good Government: Auditor should come clean with the public

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As Vice Chair of the Senate Accountability and Reform Committee, I know the important role the State Auditor’s Office can play in being both a real and symbolic authority on transparency and good government.

Unfortunately, the scandal surrounding our state auditor – Democrat Troy Kelley (see photo) – is eroding public confidence in both the man and the office. Last week, news broke that the auditor’s office and the state Public Disclosure Commission had been served with federal subpoenas to turn over records concerning the auditor and another employee of the agency with long-time personal ties to the auditor. Mr. Kelley’s Tacoma home was also raided by federal agents and searched for two days.

Despite these events, and reports that the auditor has been aware of the investigation for nearly two years, Mr. Kelley has refused to come forward and explain the situation to the public.

The Accountability and Reform Committee has offered the auditor an opportunity to come clean on why he is being investigated and speak about this matter before our committee in a work session next week. We have yet to receive a reply.

We will keep you up-to-date on this important issue. In the meantime, you can read more about this topic in a report from our Senate Majority Leader.