Inslee continues to sign 2023 legislation into law, but it’s his vetoes drawing anger

Gov. Jay Inslee signed several more pieces of legislation into law last week as bill signings from the 2023 legislative session begin to wrap up. But it is his vetoes that are drawing sharp criticism.

On Tuesday the governor signed Senate Bill 5536, a bill that will replace the current drug possession law once it expires on July 1. Lawmakers needed to pass a permanent law before the expiration date to prevent drugs from becoming decriminalized. They failed to pass the legislation during the regular session, prompting a one-day special legislative session on Tuesday.

The law passed and signed will increase the “knowing” possession of counterfeit or controlled substances to a gross misdemeanor punishable by up to 180 days in jail and/or a $1,000 fine, lower than the penalty gross misdemeanors typically carry. However, if the defendant has two prior convictions for possession, they could potentially be confined for up to 364 days.

The “knowing use” of controlled substances in a public place also was added to the new legislation and would be punishable by a gross misdemeanor with lowered financial and jail penalties.

The law also provides treatment options for those who accept them, but prosecutors will get the ultimate say in whether the treatment option will be offered to a given defendant.

“At the beginning of the session, I asked the Legislature to produce a bill that would focus on treatment of people who suffer under the dark cloud of addiction and also maintain a criminal sanction as an incentive for people to get into treatment,” Inslee said during the bill signing. “The Legislature has produced a strong bipartisan bill that will do just that.”

But since then, groups such as the American Civil Liberties Union of Washington have called the new law a “huge step backwards in Washington’s fight against the ever-growing public health crises of substance use disorder and the opioid overdose epidemic.”

“This special session offered the Legislature the possibility to move towards ending the War on Drugs by investing in proven public health responses,” the ACLU said in a statement. “Instead, the Legislature reverted to punitive approaches that have been tried for over 50 years and have done nothing to prevent the flood of fentanyl into communities nationwide.”

Budget action

On Tuesday, the 2023-25 operating, capital and transportation budgets were all signed by the governor.

The signing of the operating budget came with criticism from some House Republicans, as Inslee vetoed a section of the bill that would have required the Washington state Department of Social and Health Services to notify residents about the placement of sexually violent predators in their communities.

In a press statement released Thursday by new House Republican Leader Drew Stokesbary, R-Auburn, and Caucus Vice Chair Eric Robertson, R-Sumner, they called the move “appalling.”

“Ironically, the governor vetoed this proviso with no notice to us or the Muckleshoot Indian Tribe. Our communities deserve better,” the release said. “Washington’s sovereign Tribes deserve better. We will continue fighting to keep sexually violent predators from being placed in Enumclaw or any other neighborhood across the state without notice, collaboration, and meaningful participation from local officials, Tribal governments, and community members. This veto is not the end. It is just the beginning of our efforts to hold DSHS and the governor accountable for their mismanagement of this issue.”

But Inslee said the veto was necessary because the requirement would have delayed the creation of community-based options.

“These provisos are administratively burdensome for the Department of Social and Health Services Special Commitment Center program when siting Less Restrictive Alternatives in communities throughout the state,” Inslee said. “These additional administrative tasks will likely result in the delay in availability of placement options for individuals ordered by a court to be moved out of the McNeil Island facility.”

Inslee also vetoed a bill Tuesday that would have required the Department of Licensing to document odometer readings when registering a vehicle and renewing registration on a vehicle in Washington.

“Although voluntary, requesting this information from vehicle owners presupposes a future per-mile program as an alternative transportation funding mechanism,” the governor wrote. “Yet, there is a need to consider both a per-mile fee program as well as broader options for alternative funding sources for transportation. I encourage the legislature to continue considering a variety of funding sources, including but not limited to a per-mile fee before requesting odometer readings from vehicle owners.”

Here are some of the other bills signed last week by the governor:

New airport

House Bill 1791: This legislation ends the current search for another major airport in the state. The governor vetoed sections of the bill, namely an emergency clause in the bill that would have made the legislation go into effect immediately. The bill will instead go into effect on July 23.

Jail reform

House Bill 1169: This bill relates to legal financial obligations, and eliminates the crime victim penalty assessment for juveniles and indigent adults. Instead, a new Crime Victim and Witness Assistance Account is created to mitigate the financial impact from juveniles and those who cannot pay. Additionally, parents and guardians of juveniles cannot be charged any fees or penalties in connection with the juvenile’s court proceedings.

Orcas

Senate Bill 5371: This legislation is intended to protect southern resident orcas from vessels by preventing whale-watching boats and other boats from approaching within 1,000 feet of the whales. Currently, a 300-foot buffer is required. The bill goes into effect on July 23.

Behavioral health

House Bill 1134: The bill expands services provided through the 988 suicide and crisis hotline. An endorsement is created through the legislation for rapid response teams to help those who are experiencing behavioral health emergencies. The bill goes into effect on July 23.

Senate Bill 5440: This legislation is in response to the 2014 Trueblood lawsuit, and is intended to improve the current system for restoring competency to stand trial for those defendants experiencing behavioral health issues. Under the legislation, clinical intervention specialists can consult with and provide services to defendants who are waiting for competency to stand trial. Additionally, the bill prohibits jails from discontinuing medication for individuals with severe mental health issues.

Dental therapy

House Bill 1678: This bill establishes and authorizes the profession of dental therapist in Washington state. The legislation is intended to give rural and under-served communities more access to preventative dental care services.

Domestic violence survivors

House Bill 1533: This bill exempts certain state agency employees from having their records disclosed under the Public Records Act if they are survivors of domestic violence. The legislation came under fire from media outlets that argued that the bill would essentially create “ghost employees,” so a provision was written into the bill that allows reporters to retain access to the information. The bill became law Monday after Inslee signed it, due to an emergency clause.

Voter registration

Senate Bill 5112: Under this legislation, Washingtonians who apply for an enhanced driver’s license will automatically become registered to vote. The bill goes into effect on July 23.

State Trooper recruitment incentives

House Bill 1638: This bill creates the State Trooper Expedited Recruitment Incentive Program to help Washington State Patrol keep pace with the numbers of troopers that are needed. The bill makes it easier for law enforcement officers from other agencies to be expeditiously hired, while also authorizing new bonuses for cadets and lateral hires. The bipartisan bill went into effect on Monday after Inslee signed.