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April 12, 2023

Dear Friends and Neighbors,

We are in the last few days of the 2023 legislative session. With less than two weeks to go until we adjourn on April 23, our main focus is passing the state’s three budgets – operating, transportation, and capital – which will determine our spending plans for the next two years.

Vehicular Pursuit Update

But before I get into the budgets, one of the biggest issues this session took center stage on the House floor late Monday night. The majority party brought Senate Bill 5352, the vehicular pursuit bill, up for a debate and a vote. This legislation intends to partially correct House Bill 1054, which passed in 2021.

Since then, criminals have felt emboldened and law enforcement has felt abandoned. This experiment has failed, and our communities are suffering. Crime is up and numerous innocent people have lost their lives because officers are not allowed to pursue unless they have probable cause.

After a back-and-forth debate, the House passed the bill 57-40. There were reasons to vote both ways. On the plus side, this legislation is a small step in the right direction and better than what we currently have. That’s why most of our law enforcement partners were for it because they determined something was better than nothing.

But this is just one small step in the process to fix the situation, so the debate will continue. And we will push for a more comprehensive solution next year. Law enforcement, local governments, businesses, editorial boards, and concerned citizens have all asked for more. We will continue to work with them to restore the ability to pursue with reasonable suspicion. Our law enforcement partners need this important tool to do their job and make our communities safer.

Update on the Blake Decision

Another important issue we’ve been working on this session is the effort to fix the State v. Blake decision. In 2021, the Washington State Supreme Court ruled the state’s felony drug possession statute was unconstitutional. By invalidating the statute, the possession of hard drugs – like fentanyl, methamphetamines, and heroin – became legal in Washington state.

The Senate introduced Senate Bill 5536 this session, which sought to address this issue by making possession of fentanyl, cocaine, heroin, and methamphetamine a gross misdemeanor. However, the House amended the bill to make drug possession a simple misdemeanor.

The Senate version would have also extended the statute of limitations to two years instead of one. That’s important because getting through the legal process can often take up to a year or more, which means many offenders get out of jail before getting proper treatment, and the vicious cycle continues.

The bill came up for debate on the House floor late Tuesday night, and when we finally voted on it early Wednesday morning, it passed on a near party-line vote of 54-41. The substance abuse crisis in Washington is not going away. People who are suffering need our help. We can do better.

The original Senate version of this bill, which had bipartisan support from three of the four caucuses, would have been a more effective way to address this issue. Unfortunately, the bill as it passed the House does not get us there. We currently don’t have enough infrastructure in place in our state to make sure people with substance abuse problems can get the help and treatment they need. We will be debating this issue again next session.

Operating Budget

The House and Senate have introduced and voted on their operating and transportation budgets, but there are differences, meaning they must still work together to pass the final version. This is where the House budget proposals currently stand.

The 2023-25 House operating budget proposal would increase spending by $6 billion over current spending levels which would push the budget to more than $70 billion. As shown in the chart below, the state operating budget has more than doubled since 2011-13, when it was about $31 billion.

Unfortunately, the budgets do not offer any real tax relief. Instead, in addition to continuing to fund current programs, it also allocates additional money for close to 1,500 new or expanded programs. Another problem with this proposal is that it drains reserves, leaving only 2.1 billion in our rainy-day fund at the end of the four-year outlook period. This amount is far below 10% of annual revenues, which is the minimum target recommended by the state treasurer.

While there are many important programs receiving funding in this proposal, saving more money for the future is always a good idea. Additionally, the budget fails to offer any tax relief to Washingtonians, which would have been a top priority if House Republicans had been allowed to participate in the budget writing process. The bill passed on party lines by a vote of 57-40.

Transportation budget

The House transportation budget did have bipartisan input. Although Republicans did not get everything we asked for, overall, this is a good budget, with the positives outweighing the negatives. The legislation passed by a vote of 97-1.

The House transportation budget proposal spends a total of about $13.2 billion and focuses on keeping projects originally contained in the Connecting Washington plan from 2015 on track for completion. This is a distinct shift from what Gov. Jay Inslee originally proposed in his transportation budget, which included many project delays.

In addition, the proposal includes $646 million to go towards hiring new officers and increasing efforts to retain the ones we currently have. Our communities and neighborhoods continue to suffer as the number of officers in Washington keeps falling. House Republican are working to make public safety a priority again.

Capital budget

Last but not least, is the House capital budget, which is a bipartisan spending plan. Budget writers worked together to create this $8.34 billion spending proposal, which is designated for projects such as schools and other public buildings, behavioral and mental health facilities, parks, low-income housing, water infrastructure, and habitat.

It’s made up of $4.18 billion from the sale of newly authorized, general obligation bonds and $4.15 billion comprising of a combination of reversion of previously authorized bonds, other dedicated funding sources, and federal funds. It also leaves $160 million in bond capacity for next year’s 2024 supplemental capital budget.

I’m happy to report that about $13 million for 17th District projects is included in the House capital budget proposal. These projects include the following items:

• $1.5 million for the West Fork Washougal Conservation.
• $1.25 million for the Green Mountain Wildlife Recreation program.
• $1 million for the Port of Skamania Cascades Business Park (North Bonneville).
• $1 million for the Rock Creek Bridge replacement.
• $1 million for the Fenton Community Park.
• $1 million for Criminal Justice Regional Training Facilities.
• $730,000 for the Camas Public Library.
• $669,000 for the Jones Creek Fish Barrier removal.
• $515,000 for Lacamas Lake Water improvements (Camas).
• $350,000 for the Harmony Sports Complex turf field.

For a list of our local projects, click on this link and select the 17th Legislative District in the drop down window and then hit the “view report” button. This is still just a proposal, so changes are always possible. But, while this budget still needs final approval, I’m hopeful these projects remain funded when both chambers reconcile the final version.

Update on My Legislation

I’m also happy to report that three of my bills are still making progress in the process to become law. Here’s an update on each of these bills.

House Bill 1730 has passed the House and Senate and is waiting for the governor’s signature to become law. It would allow, under specific and limited circumstances, young adults between the ages of 18 to 21 to be employed in establishments traditionally classified as off-limits to persons under the age of 21. It would make it legal for anyone at least 18-years-old to perform services unrelated to the sale or service of alcohol to enter and remain on premises, but only to carry out the duties of their employment and only under certain conditions.

House Bill 1731, which has also been voted out of the House and Senate, still has at least one more step before heading to the governor’s desk. Because HB 1731 was amended by the Senate, the House must approve the changes before going to the governor. This legislation would allow short-term rental operators, such as individuals who rent properties through Airbnb, to acquire permits to offer their guests complimentary alcoholic beverages upon arrival. This would be a simple way for short-term renters to build positive relationships with their guests through a friendly gesture.

House Bill 1772, which has also passed the House and Senate, would make it illegal to manufacture, import, offer, or sell in Washington a consumable product that contains cannabis or any form of tetrahydrocannabinol in combination with beer, wine, spirits, or any other type of liquor in the same product. Mixing alcohol and THC can be dangerous and this bill would make it illegal for products to contain both substances simultaneously.

Thank You for Your Support!

Thank you again for your allowing me to serve you. I’m humbled to be your voice in the Legislature and will do everything in my power to represent you and our great district. My door is always open, and I appreciate your continuing input.

It’s an honor to serve

Kevin Waters