Briefs

U.S. Appeals Court won’t block WA’s new legislative district map

Legislative Map

An appeals court will not block a U.S. District Court ruling from earlier this month that the state must adopt Remedial Map 3B, which connects the Latino communities along the Yakima Valley. (Courtesy of the Campaign Legal Center)

A redrawn Washington legislative district map selected by a U.S. District Court judge earlier this month will be used in elections this year. The U.S. Court of Appeals has announced it will not step in to block the decision. 

However, the three-judge appeals panel, in its order Friday evening, allowed a group of conservative Latinos to continue its appeal efforts. 

The new maps create a Latino-voter-majority district in the Yakima Valley that aligns with federal voting rights laws. U.S. District Court Judge Robert Lasnik sided with Latino voters who sued the state in January 2022, saying the district, as drawn by the bipartisan Washington State Redistricting Commission in 2021, diluted Latino voter power. 

Under the new map, Legislative District 14 unites Latino communities in Central Washington from the east part of Yakima to Pasco in neighboring Franklin County, including Latino communities along the Lower Yakima Valley. The map also switched the Latino-majority district from the 15th to the 14th to ensure that state Senate elections fall on a presidential election year when the turnout of Latino voters is higher. 

A group of conservative Latino voters, which included State Rep. Alex Ybarra, intervened in the case and opposed the map, stating that it was an attempt by Democrats to gain power in conservative Central Washington districts. That argument did not get much traction in the original court case or the remedial map process. Intervenors, however, will now have an opportunity to lay out their argument for the appeals process. According to a court document, conservative voters must file opening briefs by June 7, with responses due in early July.

Frank Chopp won’t seek reelection after 30 years in WA House

Frank Chopp

House Speaker Frank Chopp holds the gavel while presiding over the House, Monday, Jan. 8, 2018, in Olympia. (AP Photo/Ted S. Warren)

Rep. Frank Chopp, speaker of the Washington House for 20 years, has announced he will not be seeking reelection after 30 years representing Seattle in the state Legislature.

The Democratic leader has focused his tenure in state government on housing, behavioral health care and education. His signature policy achievements included: providing free college and university tuition for low-income students; health care and housing for low-income families and unhoused people; the state Housing Trust Fund; increased funding for early learning; the legalization of same-sex marriage; Washington’s Voting Rights Act; and more state money for homes for people with intellectual and developmental disabilities.

“I’ve always been driven by the belief that everyone deserves a foundation of home, health, and hope,” Chopp said in a statement. “As I leave legislative office, I am excited for the next generation of leaders carrying on this work, as I continue to advocate and organize efforts in the public interest as a public citizen. As people know about me, I am not the retiring type.”

In his “spare time,” Chopp has continued his work as a community organizer and advocate for low-income housing.

Chopp, 70, was first elected to the House in 1994, representing Seattle’s Capitol Hill, the U District, Wallingford and Fremont neighborhoods. He was House minority leader from 1997 to 1998 and was elected co-speaker with Clyde Ballard during the 1999-2001 legislative sessions when Democrats and Republicans split the House 49-49. He was elected sole speaker in 2002 when the Democrats won a majority of the House, which they have not lost since.

His counterpart in the Republican party, Minority Leader J.T. Wilcox of Yelm, also recently announced he would not be running for reelection after 14 years in the House.

WA Legislature OKs 3 initiatives, leaving tax measures for ballot

Voters in November will decide on initiatives to repeal the capital gains tax and the cap-and-invest program and to change the long-term care insurance payroll tax.

Washington State Capitol Building

The Washington State Capitol Building in Olympia, in a 2020 photo. (Jovelle Tamayo for Cascade PBS)

The Washington Legislature approved loosening police-pursuit restrictions and passing two other initiatives submitted by public petitions. That leaves three initiatives to be addressed in the November election.

The Senate approved removing some police-pursuit restrictions 36-13, with the opposing votes all coming from Democrats.The House passed the measure 77-20. 

The Senate also passed the initiative forbidding a state income tax 38-11, and unanimously declared parents had rights to medical, academic and disciplinary information on their children. The House passed the income tax initiatives by 76-21 and the parental rights measure by a vote of 82-15. All votes against the three initiatives were from Democrats.

The police-pursuit initiative was the most controversial. It repeals a 2021 law that raised the standard for vehicular police pursuits from “reasonable suspicion” to “probable cause” — the standard typically required for a warrant or arrest – for pursuits involving all but a narrow list of crimes. That list of crimes was expanded in 2023 following an unsuccessful Republican attempt to repeal the entire 2021 law. 

Sen. Mike Padden, R-Spokane Valley, said, “Police and law enforcement have been handcuffed in the number of crimes they are allowed to pursue. … off [criminals] go, thumbing their noses at law enforcement.” He added that vehicle thefts have significantly increased since 2021 because police pursuits were restricted.

In voting against the initiative, Sen. Patty Kuderer, D-Bellevue, worried that a broken taillight or loud music could trigger a police pursuit. Sen. Yasmin Trudeau, D-Tacoma, cited innocent bystanders being injured over the small theft or drug possession charge. 

The two other initiatives sparked only token discussions Monday because the measures do not change the status quo. Sen. Jamie Pedersen, D-Seattle, said the parental-rights initiative merely codifies rules already set in state education regulations. Meanwhile, there has not been a serious attempt at establishing a state income tax in more than a decade.

Conservative organization Let’s Go Washington, funded by Redmond hedge fund manager Brian Heywood, gathered enough signatures to send six initiatives to the Legislature. The Legislature had the choice to adopt those initiatives or send them to a public vote on the November ballot. Monday’s action removed three from that lineup.

The three remaining initiatives — including one to repeal the new cap-and-invest program that puts a price on carbon pollution — all have complicated fiscal ramifications that do not lend themselves to easy “yes” or “no” votes, without amendments. The Legislature is not allowed to amend initiatives.

Another initiative asks voters to repeal Washington’s new capital gains tax on people earning $250,000 or more on capital gains. The sixth proposal would repeal a 2023 law that taxes paychecks to provide for long-term health care.

AI task force will advise the WA Legislature on the emerging tech

man sitting at a computer showing a new artificial intelligence tool for generating images

At a September 2023 company event in New York, Jared Andersen, director of product marketing for Bing Chat at Microsoft, shows a new artificial intelligence tool for generating images on Microsoft’s Bing Chat Enterprise. (AP Photo/Cora Lewis)

The Washington House has greenlighted the creation of a task force to study artificial intelligence issues for the Legislature.

Senate Bill 5838, sponsored by Sen. Joe Nguyen, D-White Center, passed late Thursday 68-28 and will go back to the Senate for a vote on the House’s minor tweaks.

The bill calls for the creation of a 42-person task force, to begin meeting this year, to come up with recommendations on how the Legislature and state government should address AI issues. Preliminary recommendations on future legislation and regulations would be due to the governor’s office and to the Legislature by Dec. 31, 2024 and Dec. 1, 2025, with a final report due July 1, 2026.

Participants in the task force would include state government officials and representatives of universities, technology associations, business groups, labor and community advocate organizations. The task force must meet at least twice annually. The Washington Attorney General’s Office will coordinate its work.

“I believe the rapid development of artificial intelligence will bring about one  of the most momentous developments in technology. It will alter the world and we will see massive changes in society,” said Rep. Clyde Shavers, D-Oak Harbor, on the House floor. “We often forget or ignore the enormous challenges that come with these great technological advances. … Right now, companies are either self-regulating or not subject to adequate oversight, and we need both now.”  

Rep. Travis Couture, R-Allyn, added: “People don’t realize artificial intelligence touches their lives. … There are risks and opportunities.”

Couture acknowledged some GOP representatives opposed the bill because they object to the attorney general’s office being in charge.

WA moves toward partnership with CA, Quebec cap-and-trade systems

filling up a vehicle with gas

In a 2023 photo, a motorist fills a tank at a Shell station in Englewood, Colo. (AP Photo/David Zalubowski)

The Washington Legislature has voted along party lines to adjust its carbon pricing system to make it compatible with the cap-and-trade systems in California and Quebec.

House approved Senate Bill 6058, on a vote of 57-39 Thursday. The Senate passed the measure on Feb. 12. Now the two houses will have to reconcile minor differences in the bills they passed before it can be sent to the governor's desk.

Washington is negotiating with California and Quebec on meshing their three carbon markets. Supporters of the move expect a bigger market would bring down carbon emission auction prices, which would lead to lower fuel costs.

The earliest that the proposed alliance could take place is 2025. Lurking in the background is a November referendum on whether to repeal Washington’s cap-and-invest program, which is blamed for some gas price increases.

Washington’s carbon polluters, including oil companies, bid every three months on the amounts of carbon emissions they can release. The volume of allowances is limited, which has driven up auction bids. Washington’s carbon auction prices have been higher than those in California. This past year, however, California’s gas prices have been frequently, but not always, higher than Washington’s.

The cap-and-invest system is one of numerous factors affecting the rise and fall in Washington’s gas prices. 

Republicans opposed the bill Thursday, spending the majority of a more than four hour debate slamming the program and its association with gas prices. Republicans also said they did not like tying Washington’s program with a much larger California economy and its own unique ups and downs. They also voiced skepticism about claims that a larger market would decrease gas prices in the Evergreen State.

“We’re going into an agreement without a clear understanding of the partners we want a relationship with,” said Rep. Keith Goehner, R-Dryden.

“Fools rush in. We should not rush into any linkage,” said Rep Jim Walsh, R-Abderdeen, who is also one of the leaders of the initiative to repeal Washington’s cap-and-invest program.

Majority Leader Joe Fitzgibbon, D-West Seattle, noted that a common argument against Washington’s efforts to combat climate change is that one state’s efforts won’t have an effect on global warming. He said a Washington-California-Quebec market would have a greater impact on reducing carbon emissions.

Fitzgibbon also noted New York, Massachusetts and Maryland are watching Washington and this potential alliance with thoughts about creating their own cap-and-trade programs to eventually join this bigger market.

The biggest change from SB 6058 would be allowing a single bidder in a quarterly auction to obtain up to 25 percent of the allowances for sale. Currently, the limit for a single auction is 10 percent. However, a single corporation would still be limited to obtaining no more than 10 percent of allowances offered in a calendar year.

A watchdog group reports that Washington’s public agencies are making it harder for the public to gain access to information, eroding the state’s Public Records Act. 

The Washington Coalition for Open Government, a group that pushes for public access to government information, released its report this week, revealing several key findings, including longer wait times for records than in previous years and an increase in exemptions in public records law.

The Coalition found that public officials and agencies often obstruct people requesting public information — for example, creating long administrative appeals for denials and imposing deadlines to pay fees before a requester can access records. Sometimes agencies take a lengthy time to respond to requests, or simply fail to respond altogether. 

Data from the report shows that requesters are waiting longer than in previous years to receive information: In 2019, people waited an average of 15 days, which increased to 23 days in 2022. 

Public officials are also becoming creative with ways to withhold public information, like using “legislative privilege” or releasing redacted and blacked-out documents in response to requests. None of the officials that violated the act were held accountable by the public records act. 

From 2012 to 2022, the list of exemptions for disclosing public records has increased more than 30%. 

The report also found that agencies also fail at maintaining and organizing records. The Coalition said agencies spend more time and money searching for documents due to this disorganization.

Not only is their document organization inadequate, but the Coalition found that staff members of these agencies are often improperly trained on how to handle public records. The training that public employees receive from the Office of the Attorney General creates bias and tilts them to favor nondisclosure over transparency, according to the report.

Recommendations from the study include making data accessible to people in a timely manner. They also ask for the government to act transparently and implement pro-transparency recommendations from the Attorney General’s Public Records Exemptions Accountability Committee. 

The crowd of Republicans seeking outgoing U.S. Rep. Cathy McMorris Rodgers’ seat in the 5th Congressional District is growing. The candidates come to the race with various levels of local, state and national government experience. 

McMorris Rodgers, R-Spokane, announced earlier this month she would not seek reelection after two decades in Congress. The 5th Congressional District covers 16,054 square miles in the easternmost part of the state and spans from Canada to the Idaho and Oregon borders. 

Among them is Spokane City Councilman Jonathan Bingle. A former pastor and founder/owner of the businesses Bent Trivia and Bent Events, he is a notable conservative in a City Council that recently elected progressives for mayor and Council president. 

Also running is State Rep. Jacquelin Maycumber. Maycumber, R-Republic, has represented the 7th Legislative District since 2017 and is the current House Republican Floor Leader.  

Ferry County Commissioner Brian Dansel also has filed documents with the Federal Election Commission. Dansel was appointed to the commissioner position in 2023 and also served in the position from 2010 to 2013, when he was elected to the Washington State Senate. Most recently, he worked in the Trump administration as a special assistant to former Secretary of Agriculture Sonny Perdue. 

Cathy McMorris Rodgers
U.S. Rep. Cathy McMorris Rodgers (U.S. House of Representatives)

Rene Holaday, a radio host and former aide to former State Rep. Matt Shea, also confirmed her candidacy on Radio Free Redoubt, a broadcast outlet that describes itself as an “emerging safe haven and refuge for God-fearing, Liberty-loving patriots.” 

Another Republican candidate is John Guenther, a retired state employee on another election run after running for U.S. Senate in 2022, placing fourth in the primary behind Sen. Patty Murray and Republican challenger Tiffany Smiley. Rounding out the Republican field is Anthony Jensen. 

The Republicans join Democratic candidates who earlier announced their campaigns: Ann Marie Danimus, Carmela Conroy, and Bernadine Bank. McMorris Rodgers has handily defeated Democratic opponents since her first Congressional election in 2004. Lisa Brown, former State Senator and Commerce director, came closest when she received 45% of votes in her loss to McMorris Rodgers in 2018. Brown recently started her first term as Spokane mayor.

Former Spokane Mayor Nadine Woodward, whom Brown defeated in the general election in November, told The Spokesman-Review that she was considering joining the Congressional race. 

Hundreds of protesters gathered on the Capitol steps in Olympia on Tuesday afternoon to call for a ceasefire in Gaza and raise awareness of increased discrimination in Washington. 

The event was organized by the Washington Coalition for Peace and Justice, a coalition of Palestinian-Americans and allies working to enhance the lives of Palestinians across Washington.

No state legislators attended or spoke at the rally, sparking criticism from activists.

Although some Washington cities have passed ceasefire resolutions, including Seattle, Olympia and Bellingham, the Coalition is calling on the Washington Legislature to pass one at the state level, saying demonstrations like this are needed to pressure the federal government to do the same.

“I’m angry that we have to be here begging for the absolute bare minimum, which is to get the representatives, who swore to represent our interests, to say ceasefire,” author Ijeoma Oluo said.

Speakers also highlighted increased discrimination and hate crimes, as tensions between Israel and Palestine intensify. CAIR Washington reported receiving a staggering 2,171 complaints of Islamophobia since Oct. 7, while the Anti-Defamation League of the Pacific Northwest has seen over a 250% increase in antisemitic incidents since last year.

In this landscape, the Coalition says it will continue to promote legislation that protects their safety and freedom of speech and raise awareness about how the deaths of over 29,000 Palestinians in Gaza during the war with Israel have impacted their communities.

“Our communities face real threats and violence as evidenced by rising hate crimes nationally and locally,” the organization said in a media statement.

Gov. Inslee weighs in on AI use by Washington government agencies

Gov. Jay Inslee

Washington Gov. Jay Inslee speaks during a legislative session preview in the Cherberg Building at the Capitol. (AP Photo/Lindsey Wasson)

Gov. Jay Inslee signed an executive order Tuesday to establish guidelines on how state agencies deal with generative artificial intelligence.

WaTech, the agency operating the state’s technology, will lead other agencies in developing guidelines over the next year. “It’s our duty to the public to be thorough and thoughtful in how we adopt these powerful new tools,” Inslee said in a news release.

Inslee’s executive order mirrors the issues discussed in two legislative bills and a House declaration on generative AI, the type of artificial intelligence that is creative, generating pictures or writing articles. 

The Washington House is awaiting a floor vote on a declaration by Rep. Kristine Reeves, D-Federal Way, that would set up a “Bill of Rights” on AI issues.

Meanwhile, Rep. Travis Couture  R-Allyn, and Sen. Joe Nguyen, D-White Center, have introduced parallel bills in the House and Senate calling for the creation of a 42-person study task force to begin meeting this year to come up with recommendations on how the Legislature and state government should address AI issues. The task force’s preliminary recommendations would be due to the governor’s office and to the Legislature by Dec.1, 2025, with a final report by June 1, 2027.

Nguyen’s bill is in the Senate Ways & Means Committee. Couture’s bill was due to be moved out of the house Consumer Protection & Business Committee Wednesday.

In the Inslee news release, Nick Stowe, the state’s chief technology officer, said generative AI could also provide state agencies opportunities for language translation, code generation and contract management. 

The governor’s announcement also noted some pitfalls to using generative AI – including bias in programs and the impact on vulnerable communities, as well as the impact on people’s health, safety and rights – and called for addressing those concerns by the end of 2024.

The news release listed areas of concern into AI use for biometric identification, critical infrastructure, employment, health care, law enforcement and the administration of democratic processes.

King County is in the middle of an election, but registered voters will not be receiving a ballot in the mail. 

To vote for the King Conservation District Board of Supervisors Election, people need to go online to KingCD.org/VOTE, or use their mobile phone to scan the card they received in the mail. 

The King Conservation District has a five-member board that sets water, land and wildlife conservation policy. Voting for board seat No. 1 is open through Feb. 13. All registered voters in King County, except those who live in Enumclaw, Federal Way, Milton, Pacific and Skykomish, are eligible to vote in this election.

Three people are seeking your vote: Brittney Bush Bollay, the board’s current vice chair; Aaron Ellig, a biologist who works for Sound Transit; and Erik Goheen, a farmer who owns and operates a small farm in Redmond.

The conservation district distributes money for projects around the region, plants native trees and shrubs and does fire prevention work, among other responsibilities.