Category: legislature

State Wealth Tax Proposal Derailed in Olympia

State Rep. Noel Frame
State Rep. Noel Frame

by Leo Brine

With Democrats firmly in control of all three branches of state government, lefty tax reform advocates hoped for bold legislation this year. Indeed, with newly-elected President Joe Biden—and the crushing COVID-19 recession—making old-fashioned liberal tax policy viable for the first time in a generation, progressive taxation is in vogue in the state legislature.

Kinda. While both the House and Senate included the capital gains tax (SB 5096), a longstanding progressive goal, in their operating budget proposals, a proposed wealth tax (HB 1406), the first of its kind in the nation, is not on track to pass this session.

The wealth tax would require any state resident with more than $1 billion in intangible financial assets, such as stocks and bonds, to pay a one percent tax on their worldwide wealth. The Department of Revenue estimates only 100 Washington taxpayers would pay the tax, which would generate $5 billion annually.

Rep. Noel Frame (D-36, Seattle), the wealth tax’s prime sponsor and chair of the house finance committee, said if Republicans don’t agree to move the bill, she doesn’t want to waste the committee’s time with political theater on a bill that still has a long way to go. 

House Democrats passed the bill out of the Finance Committee on March 31 and sent it to the Appropriations Committee.

Republicans have made it clear they do not support the tax and some Democrats have shown opposition to the bill –two Democratic representatives voted against the bill in House Finance Committee on March 31. While Democrats may still have the votes to move the bill out of Appropriations committee, they’re not sure they’ve got the time, given that it’s this far behind in the process and the committee has Senate bills to consider.

Rep. Noel Frame (D-36, Seattle), the wealth tax’s prime sponsor and chair of the house finance committee, said if Republicans don’t agree to move the bill, she doesn’t want to waste the committee’s time with political theater on a bill that still has a long way to go.  “We’ve asked a lot of our staff, and I’m not inclined to ask them to do more in service of a bill that I don’t, at this moment in time, with 13 days left, see getting across the finish line this session,” Rep. Frame said.

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Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

Rep. Timm Ormsby (D-3, Spokane), the chair of the House Appropriations Committee, said that at this point, bills “are going to need to be agreed to by both sides in order to make it through the process, so we don’t have a show hearing, as opposed to using our time most efficiently for bills that will pass.”

Misha Werschkul, the executive director of the Washington State Budget and Policy Center, said the legislature likely prioritized the capital gains tax because the bill was “developed over several years to have that strong support to move forward.” Continue reading “State Wealth Tax Proposal Derailed in Olympia”

Cap and Trade Moves Forward Over Republican and Some Democratic Opposition

Photo by Dimitry Anikin on Unsplash

By Leo Brine

After a five-hour debate, the Democratic majority in the state Senate narrowly passed a cap-and-trade bill (SB 5126) last Thursday night on a 25-24 vote. The bill taxes large companies that emit large amounts of carbon dioxide and other greenhouse gases by requiring them to buy permits from the state to compensate for every ton of carbon dioxide they produce.

The proceeds from the permits would go into a new Climate Investment Account that would fund things like greenhouse gas mitigation, clean transportation and transportation alternatives, and clean energy programs.

Republican senators prolonged the debate with 45 amendments; they passed three of them.

Later in the night, and with much more ease, Democratic senators passed the House’s clean fuels bill (HB 1091). Governor Jay Inslee had requested both bills.

Three Democrats voted no: Bob Hasegawa (D-11, Seattle); Liz Lovelett (D-40, Anacortes); and Kevin Van De Wege (D-24, Sequim). Every Republican voted against the bill.

None of the three amendments Republicans passed alter the underlying framework of the bill. One directs the Department of Ecology to create a website showing which companies are participating in cap-and-trade program; another requires the department to notify the legislature when a company is no longer part of the program—a political move by Republicans to demonstrate that cap and trade doesn’t work.

Republican senators spent most of the five-hour floor debate giving speeches about how much the bill, in their view, would ultimately cost working-class Washingtonians.

Republicans such as Senator Doug Ericksen (R-42, Bellingham), said the bill—which he referred to exclusively as “cap-and-tax”—would force companies to raise the prices on their goods, specifically on gas, and pass the cost on to consumers. Judy Warnick, another Republican senator (R-13, Moses Lake), said she was taking a stand for mom-and-pop farms and ranchers who would also need to lower the emissions in their production process under the bill.

Moderate Democratic Senator Mark Mullet (D-5, Issaquah) added an amendment that gives industries that are vulnerable to foreign competition, like steel and oil refineries, more time to reduce the amount of carbon emissions in their production process. The amendment also gives the companies free emissions permits while they make their adjustments. But the companies will have to lower their emissions at pro-rated, faster rates once the adjustment period ends.

Some Democratic senators, like freshman Senator T’wina Nobles (D-28, Tacoma) had issues with the bill, arguing that it does not lower emissions fast enough or low enough and is unclear on how it will invest in and assist communities who have been negatively impacted by air pollution because of their proximity to highways. Continue reading “Cap and Trade Moves Forward Over Republican and Some Democratic Opposition”

Pandemic Renter Protections on the Line in State Senate

Image via Nicole Macri’s campaign page.

By Leo Brine

UPDATE: House Bill 1236 passed the House Thursday on a mostly party-line vote of 28-21, without the three Republican amendments. The version that passed was a substitute, or striker, by moderate Democratic Senator Mark Mullet (D-5, Issaquah).

Senator Patty Kuderer (D-48, Bellevue) told PubliCola that Sen. Mullet’s striker amendment was necessary to get the bill passed and did not damage the overall integrity of the bill. The amendment didn’t alter the list of 16 reasons a landlord could give for evicting a tenant.

The bill, Kuderer said, “will ensure we transition away from the eviction moratorium using an off-ramp and not a cliff.”

ORIGINAL POST:

A bill that would bring an end to no-cause evictions in Washington (HB 1236) had a confusing day on the Senate floor on Monday. Republicans managed to get three amendments added to the bill, stripping away its protections for tenants facing no-cause evictions and exempting small rental properties from the bill entirely, before it was eventually taken off the floor.

An updated version of the bill is heading to a senate floor vote today.

The legislation lists 16 possible causes for a landlord to evict a tenant. “They’re very expansive,” Representative Nicole Macri (D-43, Seattle), the bill’s primary sponsor, said. “You just need to give a tenant a reason when you ask them to move out.” The causes range from tenants not paying rent, to tenants registering as sex offenders during their tenancy, to the landlord having a “legitimate economic or business reason” for the eviction.

Macri said the bill was informed by various just cause eviction laws and ordinances including the city of Seattle’s, as well as newer ordinances such as Federal Way’s and Auburn’s.

When the bill was introduced on the Senate floor, Republicans introduced three amendments, which all passed the majority-Democratic chamber. Because of the large number of bills the legislature debates at the end of the session, committee chairs and bill sponsors generally caucus with their party members on each amendment, enabling legislators to vote without keeping track of every single amendment. Senator Patty Kuderer (D-48, Bellevue) is the chair of the Senate Housing and Local Government committee and was in charge of informing her colleagues how to vote on the amendments.

“Without just cause [protections], there’s a huge loophole in how pandemic related rent assistance would work. You would just assist landlords in protecting their financial investments”—by paying them back rent—”but it would do nothing to protect housing stability.”—State Rep. Nicole Macri

Senator Marko Liias (D-21, Everett) told PubliCola in a text message that senators discussed all the amendments in caucus, “but with the volume of bills we are debating and the volume of amendments, things can get mixed up.” He said his colleagues would not have voted for the amendments they passed on Monday had they known what they were.

Liias asked for the bill to be taken off the floor, but not before Republicans managed to pass three amendments, including two that were substantive. Senator Chris Gildon (R-25, Puyallup) added an amendment giving landlords the right to evict tenants with “fixed-term leases”—those that do not renew or convert to month-to-month leases after the lease ends— without cause at the end of their lease. Senator Judy Warnick (R-13, Moses Lake) added an amendment that allows landlords to issue no-cause evictions to tenants living in properties with four dwelling units or fewer.

Democrats are trying to forestall a wave of evictions after the state’s eviction moratorium ends on June 30. The House Democrats’ budget proposal includes more than $1 billion for rental assistance to pay back landlords for rent debt that tenants have accrued during the moratorium.

Macri said she has been fighting with Republicans in order to get tenant protection bills passed, but they continue to propose amendments to limit and narrow those protections. She said one reason some lawmakers are not interested in passing comprehensive tenant protection bills is “because many lawmakers have personal experience as small-time landlords.” Lawmakers tend to personalize the policies in the bills because of their landlord experiences, using personal anecdotes to substantiate their opinions that tenant protection bills are harmful,  Macri said.

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If you’re reading this, we know you’re someone who appreciates deeply sourced breaking news, features, and analysis—along with guest columns from local opinion leaders, ongoing coverage of the kind of stories that get short shrift in mainstream media, and informed, incisive opinion writing about issues that matter.

We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different. We cover Seattle and King County on a budget that is funded entirely by reader contributions—no ads, no paywalls, ever.

Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

Warnick’s amendment to exempt small rental properties from the bill would be devastating to renters outside cities, Macri said, because “basically nobody in rural Washington would have protection.” Outside of major metropolitan areas along the I-5 corridor, she said, rental properties tend to be smaller—more like houses that have been converted to apartments. Even in Seattle, there are more than 26,000 properties with four dwelling units or fewer, according to Edmund Witter at the King County Bar Association’s Housing Justice Project, while there are fewer than 5,000 properties with five units or more.

Gildon’s amendment eliminating protections for people on six-month fixed-term leases is a more far-reaching than moderate Democratic Senator Mark Mullet’s (D-5, Issaquah) striker amendment, which would preserve protections for people on fixed-term leases shorter than 12 months. Mullet worked groups representing housing providers and landlords to negotiate a striker amendment (which incorporates multiple amendments into a single proposal) that waters down the effects of the bill in some of the same ways the Republicans’ amendments passed on Monday did. Continue reading “Pandemic Renter Protections on the Line in State Senate”

Hostile Architecture at the Library, Needle Exchange Ban in Federal Way, and a Roads-Heavy Transpo Bil

1. The Seattle Public Library spent nearly $40,000 installing slanted steel sculptural grate covers above the grates outside its Ballard library branch to prevent unsheltered people from sleeping there. The grates open onto the parking garage, and are a warmer place to sleep than the nearby concrete sidewalks or the grass in Ballard Commons Park, a nearby park and plaza where homeless people also live.

According to library spokeswoman Laura Gentry, the new grate covers, which consist of steel plates pitched at a steep angle to the ground, are meant to “prevent people from placing items or sleeping on the grate due to the public safety risks involved.

“In particular,” Gentry continued, “the Library sought to prevent two regularly recurring incidents: 1) unsafe items, trash and human waste falling through the grate into the parking structure below and 2) the grate getting completely covered so that air could not flow through it, which creates serious safety hazards. Proper air flow is critical for fire safety, and is especially important during a pandemic.”

The sidewalks around the library, and the nearby park, have been a constant source of complaints by housed neighbors who argue that tents in the park are unsightly and that the people inside them pose a danger to children and others who use the park.

Two years ago, SPL took a similar action to deter people from congregating near the Ballard library, installing a series of bent metal pipes at a cost of $10,000 to serve a similar purpose. (At the time, library communications director Andra Addison said the purpose of the pipes was to address “unattended items left overnight in those areas, smoking, food and beverage waste, feces, urine and discarded needles” in response to neighborhood and patron complaints.)

Both installations are examples of “hostile architecture”—elements, such as the “anti-homeless spikes” some cities install on railings and benches, designed to prevent people from lingering in a space or using it for something other than its intended purpose, such as sleeping. In a 2019 photo essay, the New York Times described hostile architecture as “ways of saying ‘don’t make yourself at home’ in public.”

According to Gentry, “the Library has no additional plans to install similar elements at other libraries.”

2. After nearly an hour of public comment, much of it from residents arguing that needle-exchange programs encourage addiction by providing clean needles to injection drug users (an argument that makes about as much sense as claiming the availability of glassware encourages alcohol abuse), the Federal Way City Council voted Tuesday night to suspend a 10-year-old program that provides overdose-reversal drugs, counseling, and access to treatment in addition to clean needles.

As a needle exchange opponent put it during public comment, “If you give them needles, they’re gonna shoot up and they’re gonna die—it’s not the AIDS or all the other things that’s killing them, it’s the drugs.”

The resolution, which refers to needle exchanges as “hypodermic needle giveaway programs,” extends a voluntary suspension of the program by King County Public Health give an 11-person committee time to meet and decide whether to allow the program to operate and, if so, under what conditions. “It is our collective belief that handing out needles in parking lots does not further the goal of treatment or helping those they serve,” the resolution says.

Hysteria over the program ramped up, according to reporting in the Federal Way Mirror, after a local woman did a “stakeout” of a needle exchange van operated by the South County Outreach Referral and Exchange (SCORE). The van responds to people who call the program requesting service. The woman said she requested, and received, 100 needles without turning any in—proving, at least to some residents who oppose the program, that the “exchange” program is really just a needle giveaway.

As an opponent put it during public comment, “If you give them needles, they’re gonna shoot up and they’re gonna die—it’s not the AIDS or all the other things that’s killing them, it’s the drugs.”

Needle exchange programs prevent the spread of communicable diseases such as HIV and hepatitis and provide health-care workers an opportunity to meet with drug users who may be isolated and lack access to health care and other services. (It is beside the point that, as another anti-needle exchange speaker said last night, that “the thing with AIDS is that AIDS is treatable now, and hep C is curable.”)

Since the 1990s, needle exchanges have been common (and are no long especially controversial) in cities; the programs King County funds in Seattle also offers medical care including vaccinations, hepatitis and HIV testing, and abscess treatment in addition to clean needles and Narcan.

Back in 2016, a countywide task force recommended that the county work quickly to stand up two safe consumption sites for drug users, including one outside Seattle. Nearly five years later, the county and city have made no visible progress toward that goal; banning a longstanding needle exchange program marks a significant step in the opposite direction.

3. Last week, environmental and transit access groups were disappointed by the House’s proposed transportation package. This week, their disappointment continued when the Senate Transportation committee unveiled an even more conservative plan on Tuesday. While the House package dedicated just 25 percent to multimodal projects, the Senate allocates even less to that side of the ledger, with just 1.7 percent of the total going to multimodal projects.

The Senate Transportation committee unveiled its new transportation package, “Forward Washington,” at a work session Tuesday. The Senate’s package will generate $17.8 billion in tax revenue over the next 16 years, most of it coming from gas taxes, a new cap-and-trade program, and electric/hydrogen fuel cell vehicle tax, and state bonds.

Transportation accessibility groups and environmental groups say the plan is only a slight improvement over previous packages, like 2015’s roads-heavy “Connecting Washington,” and doesn’t advance the state’s transit infrastructure in a meaningful way

City leaders from around the state showed up to the session to support the package, including the mayor of Issaquah, Mary Lou Pauly; the package includes $500 million to widen SR 18 through the city.

Continue reading “Hostile Architecture at the Library, Needle Exchange Ban in Federal Way, and a Roads-Heavy Transpo Bil”

Morning Fizz: “Unlikely Alliance” Narrative Falls Flat, City’s Hotel Shelters Aren’t ADA Accessible; and State Moves to Fund Eviction Prevention

1. The Seattle press corps seems to have settled on the narrative that Compassion Seattle, the campaign to amend the city’s constitution to require the city to fund shelter and housing and keep parks and public spaces “clear”) (without providing any new funding for either purpose) is the result of an “unlikely alliance” between groups that don’t usually agree.

A quick look at the two supposed “sides”: of this alliance—on one, the Downtown Seattle Association, a business group; on the other, a list of homeless service providers that operate downtown—quickly reveals that this “unlikely alliance” story is largely an illusion.

The service providers that are supporting the initiative have long histories of working closely with downtown businesses; the directors of both Plymouth Housing and the Chief Seattle Club, for example, is on the board of the Downtown Seattle Association, while the CEO of the DSA is on the board of the Downtown Emergency Center. The Public Defender Association, meanwhile, started its Law Enforcement Assisted Diversion program in collaboration with downtown businesses as well as the Seattle Police Department.

Another indication that Compassion Seattle is primarily a business-led effort, not one emerging from the homeless advocacy community, is the list of financial backers on the PAC’s latest fundraising email. (Political action committees are required to list their top funders on campaign literature.) They are: Downtown developer Martin Smith Inc; downtown and South Lake Union developer Vulcan; Fourth Avenue Associates LP, a large downtown real estate firm owner; and Clise Properties, which owns millions of square feet of downtown real estate; and ex-Microsoft millionaire Christopher Larson.

A quick look at the two supposed “sides”: of this alliance—on one, the Downtown Seattle Association, a business group; on the other, a list of homeless service providers that operate downtown—quickly reveals that this “unlikely alliance” story is largely an illusion.

Larson was one of the largest contributors to 2019’s People for Seattle campaign, whose incendiary attack ads made that year’s city council campaigns some of the ugliest in recent Seattle history. People for Seattle, like Compassion Seattle, was started by former city council member (and anti-panhandling crusader) Tim Burgess.

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Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

2. Although it’s common for unsheltered people to have mobility issues—national data suggest that a very large percentage of chronically homeless people have physical disabilities—neither of the two hotels the city has belatedly opened for unsheltered people is ADA-complaint, and the larger of the two requires guests to walk up stairs to access their rooms.

King’s Inn, operated by the Chief Seattle Club, is the more accessible of the two hotels. CSC representatives said last week that they’ve reserved ground-floor rooms at the motor court-style motel for guests in wheelchairs, elders, and people with mobility impairments; although the motel’s 58 shelter rooms and bathrooms aren’t designed for wheelchairs, they don’t require guests to traverse any stairs.

This isn’t the case at the Executive Pacific—a 155-room hotel that’s accessible only by stairs and has no wheelchair-accessible rooms. (Youtuber Wheelchair Jimmy called it “a hotel to avoid at all costs if you’re in a wheelchair.”). The city of Seattle, not LIHI, selected the hotel, which LIHI director Sharon Lee notes is in a historic building. Asked why the city hasn’t provided any accessible rooms at its hotel-based shelters, Human Services Department spokesman Kevin Mundt told PubliCola, “the City is exploring options for a third hotel and is taking into consideration ADA accessibility.”

Mundt did not directly answer a question about where the city’s HOPE Team (which replaced the Navigation Team) was directing unsheltered people who would be eligible for the hotel shelters but happen to be in wheelchairs, saying only, “As with all shelter recommendations, the HOPE Team works with providers to match available shelter resources with individual service needs.”

3. On Monday, the Senate Ways and Means committee held a public hearing for HB 1277, which would add a $100 surcharge to the state’s document recording fee, which is collected by county auditors; the recording fee is the most significant source of funding for homelessness programs in the state bill. Groups representing landlords, realtors and housing advocates all support the bill. Continue reading “Morning Fizz: “Unlikely Alliance” Narrative Falls Flat, City’s Hotel Shelters Aren’t ADA Accessible; and State Moves to Fund Eviction Prevention”

Morning Fizz: An Unprecedented Amendment, A Senate Shelter Compromise, and Surprise! Shelter Costs Money

King’s Inn in Belltown

1. A proposed amendment to the Seattle City Charter that would (in theory) force the city to fund thousands of shelter beds or housing units and reinstate encampment removals is unusual in more ways than one.

First, the obvious: Instead of declaring a state of emergency or using some other rhetorical mechanism to sound the alarm on homelessness, the charter amendment—which will be on the ballot in November if supporters gather 33,000 valid signatures to put it before voters—establishes a specific goal: 1,000 new “units” of “emergency or permanent housing with services” in 2022.  (Emergency housing is shelter, which is obviously much cheaper and easier to stand up quickly than permanent housing units.)

Second, and perhaps more impactful in the long term: The amendment attempts to use the city’s charter—Seattle’s constitution—to dictate specific budget and policy priorities, which are usually the subject of legislation, in perpetuity. In addition to the 2,000-bed mandate, the amendment would require that, in all future years, the city will spend at least 12 percent of its general fund revenues on human services, and that the city pay for “full restoration of general fund support for the Department of Parks and Recreation to facilitate repair and restoration of parks.”

Supporters of the amendment have argued that these permanent mandates establish ongoing priorities for the city: Homelessness, human services generally, and parks “repair and restoration” are important priorities that need to be enshrined in city law. But a look at past charter amendments illustrates just how unusual, if not unprecedented, this proposal is.

The majority of charter amendments over the years have been put on the ballot by the city council itself; most of them involve governance changes or tweaks to the language of the charter itself. For example, in 1977, a successful amendment changed the name of the city’s “Governance Counsel” to “City Attorney”; in 2006, voters approved an amendment that eliminated 1946 language requiring the city to physically “post” ballot proposals (in addition to publishing them in the newspaper.)

A look at past charter amendments illustrates just how unusual, if not unprecedented, this proposal is.

Other city-generated charter amendments have been more substantive, but still limited to the realm of governance, not policy: In 2007, the city council was so annoyed by then-mayor Greg Nickels’ decision to hold his State of the City address at a Rotary Club luncheon, they put an amendment on the ballot requiring the mayor to “deliver” the address at City Hall. (Subsequent mayors got around this requirement by holding the speech elsewhere, then physically or virtually “delivering” the text of the address to the council at its regular meeting the same day.)

Amendments that originate with citizens have followed a similar pattern: Even those that have proposed substantive changes, such as three different proposals to institute district elections, have dealt with the way the city is governed, not legislative priorities. In addition to districts (which finally passed in 2013), Seattle residents have proposed amendments that would institute ranked-choice voting and elections through proportional representation. There appears to be no precedent for the council or citizens imposing preemptive budget requirements or mandating legislative policy through the city charter.

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If you’re reading this, we know you’re someone who appreciates deeply sourced breaking news, features, and analysis—along with guest columns from local opinion leaders, ongoing coverage of the kind of stories that get short shrift in mainstream media, and informed, incisive opinion writing about issues that matter.

We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different. We cover Seattle and King County on a budget that is funded entirely by reader contributions—no ads, no paywalls, ever.

Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

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2. Earlier this year, Mayor Jenny Durkan’s office rejected a proposal by the Public Defender Association to operate a hotel-based shelter at the Executive Pacific Hotel on the grounds that it was far too expensive. The program, which would have cost about $28,000 per room, would have been modeled on the successful JustCare program, which moved more than 100 people from encampments in Pioneer Square and the International District into hotels around Seattle. At the time, the mayor’s office set a hard spending cap of $17,175 a room.

Fast forward to last Monday, when the city held a press tour at the new, Chief Seattle Club-operated King’s Inn shelter in Belltown. The total price for room? Around $23,000, according to CSC staff. The $5,000 difference per room between the King’s Inn shelter and the one the PDA proposed would have amounted to about $750,000 total at the Executive Pacific—a fraction of the overall $8.3 million contract for that hotel, which eventually went to the Low-Income Housing Institute.

The two hotels will be funded largely from federal Emergency Services Grant funding. As PubliCola has reported, Durkan’s office has consistently declined to use federal FEMA dollars to pay for hotel-based shelters, as other cities have done.

3. The senate Ways and Means Committee passed HB 1220—a bill that updates the Growth Management Act (GMA) to require cities to plan for and accommodate low-income housing and shelter as part of their comprehensive plans.

As amended by Sen. Marko Liias (D-21, Lynnwood), the bill also prohibits cities from using zoning rules to block transitional and permanent supportive housing in residential areas or areas where hotels are allowed, while simultaneously limiting the areas where cities are required to allow emergency shelter to “zones”—a term that is not clearly defined—within one mile of transit stops. Continue reading “Morning Fizz: An Unprecedented Amendment, A Senate Shelter Compromise, and Surprise! Shelter Costs Money”

Transit Advocates Push for Bigger Multimodal Investment from State

by Leo Brine

Transit advocates tolerated the House and Senate’s transportation committees’ underwhelming 2021-23 biennium budget announcement last month believing that legislators were cueing up a more multimodal approach in the pending transportation package. (The previous budget announcement was about funding earlier commitments made by previous legislative sessions.) However, the House Transportation committee unveiled an all-new 16-year transportation package (HB 1564) on Thursday that, once again, provides large sums of funding for highway expansion projects and road and highway maintenance while shortchanging transit.

Troubled by how few dollars the House allocated for multimodal and green initiatives when compared to the highway-related initiatives, advocates are now hoping for big changes before Democrats move the package to Governor Inslee’s desk.

The new transportation package, dubbed “Miles Ahead Washington,” allocates a total of $22.3 billion to funding transportation initiatives. Seventy percent of the funds ($15.7 billion) go to “highway-related initiatives,” including $6.1 billion for highway expansion projects and $4.6 billion for maintenance and repairs over the next 16 years. Meanwhile, the House allocates about 25 percent of the package, $5.5 billion, to multimodal projects, including investments in multimodal transport, bicycle and pedestrian improvements, safe routes to schools, and rural mobility transit grants.

Mobility rights activists say the new proposal is too similar to past transportation packages, with similar funding shortfalls. “We can’t support it because there’s not enough investment in transit service and in sidewalks and other kinds of pedestrian access,” Anna Zivarts, director of the Disability Mobility Initiative Program at Disability Rights Washington (DRW) said. “It makes it hard to get excited about something that we see as just so far from the unmet needs.”

Continue reading “Transit Advocates Push for Bigger Multimodal Investment from State”

State Senate Considers Expanding Program to Provide Legal Counsel to Youth Interacting with Police

By Paul Kiefer

Following the guidance of youth rights advocates, the Washington State Senate is considering legislation that would require police officers statewide to connect young people to attorneys before questioning them or asking them to consent to a search. The bill, originally introduced in the state house by Rep. Jesse Johnson (D-30, Federal Way), would prompt Washington’s Office of Public Defense to create a hotline to connect young people to legal advisors.

The Seattle City Council and King County Council passed similar legislation at the end of last summer, requiring law enforcement officers to connect young people to attorneys from the King County Public Defender’s office after reading their Miranda rights or asking them to consent to a search of their belongings. Both ordinances were named for Mi’Chance Dunlap-Gittens, a Black teenager from Des Moines shot while running away from King County Sheriff’s deputies during a disastrous sting operation in 2017. Though deputies never read Dunlap-Gittens his Miranda rights—he ran away from the plainclothes deputies after they burst from the back of an unmarked van—the ordinances were named to honor his aspirations to work as a youth rights attorney.

“If a police officer knows that there’s going to be someone available to represent the youth, they’re not going to be able to use their position of power to bully or coerce a child into having a conversation with them or making a statement.”—Kendrick Washington, youth policy counsel for the ACLU of Washington

The bill before the state senate, HB 1140, would not only expand the same protections statewide, but require that young people speak to an attorney before answering any questions during so-called “Terry stops”—a brief detention based on an officer’s “reasonable suspicion” that someone has committed a crime. Because “Terry stops” are not arrests, the Seattle and King County ordinances don’t address the rights of young people to speak to attorneys in those contexts.

Specifically, the proposed law would require Washington’s Office of Public Defense to hire a team of six attorneys who would provide brief legal advice to young people in person, by phone or over a video call, after a stop; the attorneys would work in shifts and respond to calls from youth across the state. If a police officer stopped a young person in any circumstances that would require them to waive their Fifth Amendment rights, the law would require officers to connect the young person to an attorney—typically by providing the number for the state-managed hotline—before asking any questions or searching the young person’s belongings. The legislation makes an exception for searches done in the interest of an officer’s immediate safety, including searches for weapons.

According to Kendrick Washington, the youth policy counsel for the ACLU of Washington—which played a key role in shaping the bill—young people are typically unaware of their rights during encounters with police. The point of requiring young people to consult with attorneys before responding to police questioning, Washington said, “is not to tell [young people] what they have to do—it’s about telling them what their options are, because they usually don’t know.”

In practice, the law might look like this: An officer searching for a burglary suspect in a green sweatshirt stops a teenager wearing a green sweatshirt. Before the officer can ask the teenager any questions, they would have to call the Washington public defender’s office and put the teenager on the phone with an attorney. The attorney would explain the teenager’s options—asking whether they are being detained, answering the officer’s questions and risking self-incrimination, refusing to answer questions and walking away—allowing the teenager to make an informed decision about how to respond to the officer.

Law enforcement spokespeople voiced their opposition to portions of the bill during a hearing before the Senate Ways and Means committee on Tuesday. James McMahan, the policy director for the Washington Association of Sheriffs and Police Chiefs, criticized the legislation for prohibiting young people from waiving their right to counsel, and he called into question the proposed budget for the program, which assumes that the Office of Public Defense would field only 4,000 phone calls from young people per year. Continue reading “State Senate Considers Expanding Program to Provide Legal Counsel to Youth Interacting with Police”

Olympia Fizz: House Committee Passes Wealth Tax, House and Senate Take Action on Tenant Rights and Funding

1. After nearly two months of inaction, the House Finance committee passed the progressive wealth tax (HB 1406) out of committee Wednesday morning. The bill made it out of committee with no amendments, despite Republican efforts.

The wealth tax is arguably the most progressive piece of tax reform legislation this session; the House is taking the lead, while the Senate took the lead on the capital gains tax.

The wealth tax legislation would require anyone with more than $1 billion in intangible financial assets, such as stocks, bonds, or cash, to pay a one percent tax on their worldwide cumulative wealth. The Department of Revenue estimates the tax will affect 100 Washington state taxpayers and generate $5 billion per biennium.

Finance committee chair Rep. Noel Frame (D-36, Seattle) urged her colleagues to vote yes on the bill so the state could begin rebalancing Washington’s tax system, which, according to the progressive Institute on Taxation and Economic Policy, forces the lowest income Washingtonians to spend 18 percent of their income on taxes while the very wealthiest spend just 3 percent of their income on taxes.

“The Washington state wealth tax would take a giant step forward in trying to right that wrong by asking the wealthiest Washingtonians, including some of the wealthiest people in the world, to pay their fair share,” Rep. Frame said.

Members of the finance committee passed the bill 9-7 with Democratic senators April Berg (D-44, Mill Creek) and Larry Springer (D-45, Kirkland) along with all Republican committee members, voting no. PubliCola has reached out to both Berg and Springer for comment.

Patinkin Research Strategies found that 58 percent of Washingtonians support the tax and just 32 percent are opposed. (The pollster gets a B/C rating from 538.)

According to Frame, the legislature will direct revenue from the wealth tax into a dedicated Tax Justice and Equity fund, rather than into the state’s general fund as the bill originally specified. Legislators will use the Tax Justice and Equity fund to support an anti-displacement property tax exemption (HB 1494) that the finance committee also passed Wednesday.

The finance committee passed the wealth tax in their last regularly scheduled meeting of the session. April 2 will be the last day for finance bills to be read into the record on the house floor, leaving little time for the bill to be deliberated on in the Rules committee, which will take up the bill next. If Rules passes it out, the bill will go to the House floor where progressives hope to send it to the Senate.

2. The Legislature’s latest biennial budget proposals made two traditional foes, tenants and landlords, happy—with some footnotes.

In budgets released this week, legislators from the House and Senate allocated roughly $1 billion to new rental assistance and eviction protection programs. (The House allocates $1 billion, the Senate $850 million). The state will use the money to pay off rent debt accrued by tenants during the statewide eviction moratorium and fund legal counsel in eviction cases.

Continue reading “Olympia Fizz: House Committee Passes Wealth Tax, House and Senate Take Action on Tenant Rights and Funding”

Legislation Eliminates One Objection to Sound Transit Fare Enforcement Reform

Image by SeattleDude via Wikimedia Commons

By Erica C. Barnett

Legislation that would make it easier for Sound Transit to adopt a fare enforcement system that does not involve the court or criminal justice system is coasting through the state senate after passing the house on a near-unanimous bipartisan vote.

House Bill 1301, originally sponsored by Rep. Joe Fitzgibbon (D-34, Seattle), gives Sound Transit the authority to create an “alternative fare enforcement system” that could include resolutions other than fines for people who fail to pay their fare. The state senate transportation committee voted unanimously on Tuesday to move the bill to the rules committee, the final step before a floor vote.

Sound Transit director Peter Rogoff and some Sound Transit board members have resisted reforming the agency’s fare enforcement procedures, arguing that removing penalties—which include steep fines that, if unpaid, can lead to criminal charges—would lead to revenue shortfalls as people simply stop paying fares. And although the agency has instituted some reforms in the wake of the pandemic, negative press, and data showing that fare enforcement disproportionately impacts Black riders, the changes it has made so far fall far short of King County Metro’s proactive approach, which focuses more on harm reduction and access than punishment and fines.

“There’s a law-and-order mentality that’s more pervasive in Sound Transit than at Metro, both among agency staff and the board.”—Transit Riders Union general secretary Katie Wilson

Advocates, who have pointed to King County Metro’s far-reaching fare reforms as a local best practice, have long been skeptical of the claim that Sound Transit is powerless to keep fare enforcement out of the court system, but say they’re happy to see the issue resolved beyond any doubt.

“They [Sound Transit] kept insisting that they couldn’t do what Metro was doing [to decriminalize fare nonpayment], and one of the excuses they started giving us was they were bound by Sound Transit’s authorizing legislation to use the court system for citations,” said Katie Wilson, general secretary of the Transit Riders Union. “So that’s what this legislation takes care of.” Continue reading “Legislation Eliminates One Objection to Sound Transit Fare Enforcement Reform”