Author Archives: Laudan

Legislature fails domestic violence survivors, no path forward for needed reforms

Earlier in the 2024 legislative session, Sen. Phil Fortunato, domestic violence survivors and advocates held a news conference outlining stark problems in the state’s family courts.  The package of bills aimed to train judges, provide more protections for abuse victims – mostly women and children – and set improved standards for evidence and procedures in family court.

One of the bills, Senate Bill 5879, known as Kayden’s Law, would make Washington eligible for substantial federal funding to train judges and restrict unproven, unsafe “reunification” treatments that force children to be with a dangerous parent and/or parents with whom they resist contact.

At the time, Democratic leaders were disinterested in advancing Kayden’s Law or other proposals, indicating that legislation in the House was going to be a vehicle to address concerns of domestic violence survivors, but it never happened. This past Tuesday was the final cutoff for bills to receive a floor vote and not only did majority Democrats fail to support any solutions by Fortunato, but their own “reform” bill never came to a vote.

“It’s really incredible that the party that purports to be about protecting women has failed so miserably on this issue,” Fortunato exclaimed. “I was willing to entertain working with the House and Democrats in particular to get the policy done because what’s happening now is frankly disgusting. The state’s family courts are making women with children homeless, plain and simple. While they’re focused on raising taxes or letting criminals out, we have innocent people suffering.”

National experts voiced their support of Fortunato’s efforts.

“Keeping children safe from family violence is a nonpartisan matter, and the provisions within Kayden’s Law are common-sense solutions to some of the most intransigent problems in family courts,” said Danielle Pollack, policy manager of the National Family Violence Law Center at George Washington University, who helped author the landmark federal legislation, Kayden’s Law, part of the 2022 Violence Against Women Act. “I hope that Washington state lawmakers will come together and take this opportunity to be national leaders on the issue, as Colorado has just done, and as many other states around the U.S. are moving toward.”

The crux of the issue in Fortunato’s family court reform is the tension between granting judges even more discretion and the outcomes for vulnerable people who are unable to appeal dangerous decisions from the bench. While survivors, national experts, and advocates wanted to provide more training and financial resources, professional associations and special interests worked behind the scenes to promote their agenda of more discretion.

“At the end of the day, you have powerful interests in the Legislature that care more about what lawyers want than the safety of our children and victims of domestic abuse,” said Fortunato. “I’m not done fighting on this issue and won’t rest until we get some serious reforms through because everyday tragedies are playing out in family court.”

The parents of Susan Powell, Chuck and Judy Cox, joined the news conference to lend their support to Kayden’s Law. Their grandchildren and daughter were victims of a tragic domestic violence dispute that resulted in the murder of the children by their abusive father. The Coxes won a multi-million-dollar lawsuit against the state of Washington for negligence resulting from the kinds of failings in family courts that Fortunato’s proposals would address.

“I believe that had we had something like Kayden’s Law, things would be very different for our family,” said Chuck Cox. “Judges need to be trained properly.”

Fortunato’s other proposals included:

  • Senate Bill 5859 would study the court system to see if it’s working for families and what the impact is of having separate judges involved in various aspects of divorce proceedings;
  • Senate Bill 5861, called the Survivors and Families Empowerment Act, would put in place comprehensive reforms to evidence rules, enforcement of child support, and training for court staff;
  • Senate Bill 5863 would prohibit certain accounts from being reported to credit bureaus that result from a divorce; and
  • Senate Bill 5868 would require the administrative office of the courts to update the family-law handbook annually and would include more resources for people interacting with the system. The book hasn’t been updated since 2015.

Senators denounce bill to raise property taxes – vote expected Thursday

The Washington Senate is poised to approve a bill Thursday that would allow the annual growth in property taxes to triple, flouting the will of Washington voters who approved a cap on property taxes in 2001.

Republican senators say they plan to raise stiff opposition when the bill comes to the floor – but may lack the votes to head off Senate Bill 5770. The measure would raise the current 1 percent cap on annual growth in property taxes without voter approval to 3 percent. Taxes could increase by as much as $6 billion over the next 12 years, and would keep compounding from there.

The measure is sponsored by Sen. Jamie Pedersen, D-Seattle, and co-sponsored by 18 members of the Senate Democratic Caucus. The measure was approved Feb. 5 by the Senate Ways and Means Committee on a Democrat-only vote. It currently is expected to reach the Senate floor for a vote sometime Thursday.

The Republican senators who comprise the Senate Freedom Caucus say the measure calls for the proverbial line in the sand. The four lawmakers, concerned primarily with issues of constitutional freedoms and political process, point out that Washington voters approved the 1 percent cap with Initiative 747 in 2001. When the state Supreme Court threw out the initiative in 2007 for technical reasons, the Legislature promptly convened a special session to reenact the limit.

The four lawmakers say the bill is based on false premises. “Increases in local property taxes are far outstripping the growth in personal income,” said Sen. Phil Fortunato, R-Auburn. “Cities have been reaping a huge bonus from the growth of construction. Of course they want more money – but let’s put the people first for a change.”

“The Legislature of 17 years ago was far more interested in the will of the people than the Democratic majority in charge today,” said Sen. Jeff Wilson, R-Longview. “Today’s leadership puts the desires of government first. As the result of policies enacted by the current majority, gas prices are going up, electric bills are going up, and groceries are costing more by the day. Now our friends are about to unleash higher property taxes on the populace. Where will this end?”

Said Sen. Jim McCune, R-Graham, “Property taxes in my area are high already. People are living paycheck to paycheck, and there has been no increase in salary since COVID hit. Allowing massive increases in property taxes without voter approval would do great damage to property owners in my district, to renters who would pay higher rent – to everyone.”

Sen. Mike Padden, R-Spokane Valley, said higher property taxes will increase the squeeze on people of moderate and fixed incomes.

“In the middle of an affordable housing crisis, and at a time when senior citizens and the disabled are worried about being taxed out of their own homes, the Senate is about to consider a bill that would allow property taxes to skyrocket,” he said. “It is the height of irresponsibility for the Legislature to be considering a bill like this one – the wrong bill at the wrong time.”

Fortunato, local and national advocates push family court reforms

Flanked by victims and advocates at a news conference in Olympia on Thursday, state Sen. Phil Fortunato outlined his vision to reform the state’s failing family courts. Included in the package are bills aimed at training judges, providing more protections for abuse victims – mostly women and children – and setting improved standards for evidence and procedures in family court.

One of the bills, Senate Bill 5879, known as Kayden’s Law, which has a companion bill in the House, would make Washington eligible for substantial federal funding to train judges and restrict unproven, unsafe “reunification” treatments that force children to be with a dangerous parent and/or parent with whom they resist contact.

Fortunato’s other proposals include:

  • Senate Bill 5859 would study the court system to see if it’s working for families and what the impact is for having separate judges involved in various aspects of divorce proceedings;
  • Senate Bill 5861, called the Survivors and Families Empowerment Act, would put in place comprehensive reforms to evidence rules, enforcement of child support, and training for court staff;
  • Senate Bill 5863 would prohibit certain accounts from being reported to credit bureaus that result from a divorce; and
  • Senate Bill 5868 would require the administrative office of the courts to update the family-law handbook annually and would include more resources for people interacting with the system. The book hasn’t been updated since 2015.

“At the end of the day, this is a no-brainer. I understand it’s a short session, but this is one of those kinds of laws that we must do on so many levels,” said Fortunato, R-Auburn. “Not doing these reforms and passing the congressionally enacted Kayden’s Law provisions in Washington state is putting lives at risk and it’s preventable. We can and need to get this across the finish line this year.”

Danielle Pollack, policy manager of the National Family Violence Law Center at George Washington University, helped author the landmark federal legislation, Kayden’s Law, part of the 2022 Violence Against Women Act. She joined Fortunato and local advocates to urge a hearing on the proposal, which has been recognized by United Nations experts as a model for protecting women and children in domestic violence situations in the family court context.

To date, Kayden’s Law is not scheduled for a public hearing, putting hundreds of thousands of dollars in federal funding at risk, and even worse, maintaining the status quo where children are too often being court-ordered into the custody and control of an abuser parent – and then being harmed, and sometimes killed.

“Keeping children safe from family violence is a nonpartisan matter, and the provisions within Kayden’s Law are common-sense solutions to some of the most intransigent problems in family courts,” said Pollack. “I hope that Washington state lawmakers will come together and take this opportunity to be national leaders on the issue, as Colorado has just done, and as many other states around the U.S. are moving toward.”

Survivors of domestic violence and advocates shared their stories and how the proposals would make a meaningful difference in protecting women and children.

The parents of Susan Powell, Chuck and Judy Cox, joined the news conference to lend their support of Kayden’s Law. Their grandchildren and daughter were victims of a tragic domestic violence dispute that resulted in the murder of the children by their abusive father. The Coxes recently won a multi-million-dollar lawsuit against Washington state for negligence resulting from the kinds of failings in family courts that Fortunato’s proposals would address.

“I believe that had we had something like Kayden’s Law, things would be very different for our family,” said Chuck Cox. “Judges need to be trained properly.”

Local survivor-turned-victims-advocate Dana Tingey has been working with lawmakers and other stakeholders to make Kayden’s Law and other needed reforms a reality. Having helped over 300 victims, Tingey sees firsthand the deficiencies and tragic outcomes. She started High Ground Divorces to coach and support other survivors through the family court maze.

“I lived through family court, and I never would have imagined how bad it is,” Tingey explained. “Most judges and court professionals whose opinion matters in these cases, such as custody evaluators, have no evidence-based training, no idea how to recognize patterns of power and control, no idea who is the abusive party. Add to that, bias and unscientific theories being used to minimize abuse evidence and you have a recipe for disaster. Kayden’s Law could fix so much of what is wrong in our family courts.”

Another survivor and advocate, Shira Cole started the organization People Advancing Youth Equity and Safety (PAYES) to advocate for children in the courts. She said of the efforts, “Survivors of domestic violence know very well how dysfunctional family court is. Kayden’s Law focuses light on the troubling tendencies to dismiss allegations of abuse, punish the survivor, and even place children in the custody of an abuser.”

The 2024 legislative session is only 60 days, and the first deadline is fast approaching. Kayden’s Law was referred to the Senate Law and Justice Committee, which must act by Jan. 31 for it to have a chance at passing the Legislature and reaching the governor’s desk.

Fortunato bill would establish biology-based rules for school sports competitions

State Sen. Phil Fortunato is seeking to create a middle path that protects biological women in sports while allowing transgender athletes to continue competing. Senate Bill 6116 would do away with women’s and men’s sports, instead relying on biological sex to determine how athletes compete in schools.

“This is about fairness and equity in sports competitions,” said Fortunato, R-Auburn. “While athletes identifying as a different gender and competing has become a prominent issue in sports, the reality is that there are undeniable biological differences between the sexes that must be accounted for.”

According to the bill, people born with an XX designation would compete with others who have XX chromosomes and identify as female. Similarly, those with XY chromosomes at birth would compete against other XY contestants identifying as male. Those with an identity that differs from their biological sex would still be able to compete with other athletes who have the same biological and sociological expressions.

In December of last year, the University of Washington drew criticism from national activists after purportedly offering a scholarship to a girls’ volleyball player from California who turned out to have been born male. Reports indicate the university has since rescinded the offer.

“We can balance the desire of athletes whose biological sex doesn’t match their expression while keeping school sports fair and safe,” Fortunato said. “This bill has nothing to do with excluding people, rather it’s about creating an even playing field that reflects biological reality.”

In addition to reorganizing interscholastic sports programs, the bill would establish protections for students, schools, and organizations overseeing school-based athletics to shield them from retaliation or complaints. Under Fortunato’s proposal, sports programs for children in grades K-6 would be exempt from these requirements.

It’s almost time for the 2024 legislative session

Friends,
I hope you had a wonderful holiday season. I’ve been busy preparing for the 2024 legislative session which begins in just under a week. In preparation, I finished the year strong, meeting with constituents in our district and attending a variety of conferences and workshops to help me better represent you in Olympia.

During the last week of November, the Senate met at the state Capitol to hold committee hearings where we can get a sense of what the Legislature will be working on during this short, 60-day session.

I continue to serve as the Ranking member on the Senate’s housing-related committee, on the State Government and Elections Committee and the Transportation Committee.

Staying engaged in your state government is critical and I’m here to be a resource. At the end of this newsletter, you’ll find additional links to help you participate in the legislative process.

It’s an honor to serve as your state Senator.

Phil Fortunato

Trust the science

Gas PricesOpponents of the state’s carbon pricing scheme were clear that this policy would drive up fuel costs at the pump at a time when Washingtonians could least afford it. The governor and legislative Democrats argued that any increases would be nominal, however simple math indicated a significant increase of close to 50 cents per gallon for this crony-capitalist shell game, and that’s exactly what happened.

Supporters of this carbon-pricing scam tried gaslight the public and shift blame onto the supposed greed of oil companies. They completely ignored the fact that our neighboring states have had much lower gas prices.

We learned from a whistleblower that the public may have been purposefully misled about the ‘cap-and-tax’ program. A long-time and relatively senior state employee who was tasked with calculating the costs says he was pressured to lie about the impact on gas prices, which showed a 45 to 50 cents per gallon increase. He refused to lie and appears was retaliated against and forced from his job.

Watch the KING 5 story by clicking here.

Unfortunately, I’m not surprised by this news. During Governor Inslee’s tenure, state agencies have been plagued by serious mismanagement. This isn’t the first time and likely not the last where the uniparty state will try to hide the truth from the public.

Your Feedback

HomelessnessIn my last newsletter, I had asked for your feedback on issues facing the Legislature. Thank you very much for taking the time to provide those insights. As I suspected, there’s a big disconnect between what’s happening in Olympia and what our district sees as priorities. I will take these results to heart when working on your behalf when the Legislature convenes in early January. Click on the image or on this link to see the full report from the survey.

 

COSAs part of my interim travels I participated in a practice version of the Convention of States. If you’re unfamiliar, this is concept developed in our nation’s founding whereby the state’s can amend the U.S. Constitution, following a similar process for Congress. You can read more about this movement by clicking here.

It was an interesting learning experience with delegates from around the country. There are already a number of states that have passed legislation to convene an Article V Convention.

The organization began in 2013 and in a short amount of time has done some impressive work aimed at using our Constitutional process to effect change and place needed limits on the federal government. I believe that something like this is needed now more than ever. To date, 19 states have approved the Convention of States Resolution.

Engaging with your Legislature

SHR

One lasting result from the COVID pandemic has been increased access through technology to your state government. It can be a big burden for citizens to come to Olympia to participate in committee hearings or meet with their representatives. Now, the public can access tons of information about what’s happening in the state Legislature and give their feedback online. Below are valuable tools to have your voice heard and get informed.

Overview of how to testify remotely: 

https://leg.wa.gov/legislature/Pages/Testify.aspx

General information on how to sign in to testify remotely before a Senate committee: 

https://app.leg.wa.gov/CSIRemote/Senate

Want to follow bills on a topic of concern?

Log in and create an account to customize reports, manage personal bill tracking lists, and more. 

You can also search for legislation by bill number or by keywords and text of a proposal. Click here for more information. 

Fortunato probes state climate policy amid new scientific research

Japanese researchers uncover glacial patterns unrelated to human carbon emissions

Washington’s Climate Commitment Act is being felt by drivers at the pump, driving gas prices higher by nearly 50 cents per gallon. The goal is to reduce human-caused carbon emissions by imposing a “cap-and-tax” scheme for so-called polluters.

State Sen. Phil Fortunato is asking the state agency in charge of implementing Washington’s aggressive climate-policy agenda how it is addressing emergent science that casts doubt on the policy of capping and taxing carbon under the CCA to address climate change.

In a letter to the state Department of Ecology director, Fortunato is pointing to new research from Japan that indicates there are larger astronomical forces at work that could be contributing to shifts in global climate.

“Science on this problem is constantly evolving and I think the citizens of our state would be better served if government were making decisions that are grounded in fact rather than ideology,” Fortunato, R-Auburn said. “This study seems to flip the approach by the governor and legislative Democrats on its head when it comes to only focusing on taxing citizens to address global climate change.”

Japanese researchers detail how shifts in the Earth’s axis point to a historical cycle of glacier creation and degradation every 41,000 years. Climate alarmists have claimed that carbon emissions from human activities would result in the loss of glaciers, rising oceans and other catastrophic results. However, these dire predictions that polar ice caps would disappear due to human-related activities are more reminiscent of Nostradamus than science.

“We can and should be good stewards of our environment,” said Fortunato. “No one wants dirty air or water or to pass along a degraded environment to our children and grandchildren. But the policy path in Olympia on climate change is only hurting working families. There are other factors we should be considering that isn’t a crony-capitalist shell game that makes our state even more unaffordable.”

You can read the study here and a copy of the letter to the Department of Ecology here.

Amid mismanagement, Fortunato blasts governor’s veto of housing crisis study

While the Legislature met earlier this week for a one-day special session to address the controversial drug-possession law known as the Blake fix, Gov. Jay Inslee signed the three state budgets into law.

However, he quietly vetoed bipartisan provisions to look at why housing and homelessness in Washington is so bad.

The ranking Republican on the Senate’s housing committee, state Sen. Phil Fortunato, sponsored a budget proviso in the more-than-$70 billion state operating budget that would have created a task force to study the state’s housing supply and affordability problem.

“Most of the housing policies being adopted in Olympia only make the problem worse,” said Fortunato, R-Auburn. “We aren’t building enough housing units, and the only solution from the majority is to either tax housing production or impose more regulations that make housing more expensive. My proposal would have taken a nonpartisan look at what’s driving our housing crisis.”

While hundreds of millions of taxpayer dollars continue to pour into the state’s housing affordability crisis, Fortunato is expressing dismay and suspicion at the governor’s actions to kill any accountability for the state’s housing and homeless policy.

“I find the timing interesting,” said Fortunato. “Within a short period of time, we have The Seattle Times breaking stories about mismanagement at the King County Regional Homeless Authority and the director stepping down. Then, the governor is trying to cover up a bipartisan accounting of the state’s response to the housing and homeless debacle.”

In his veto message, the governor noted that the study didn’t spend enough money on the taskforce and that he didn’t want executive agency staff working on the taskforce.

“It’s a bit ironic because for years I’ve been working on a comprehensive solution on this issue that the majority Democrats have refused to hear, and now they’re actively trying to prevent the public from knowing why we’re in this situation,” added Fortunato. “Since the majority and the Governor have been doubling down on failure, I guess I shouldn’t be surprised he wanted to spend more money.”

Fortunato sponsored the American Dream Homes legislation that would reduce government-imposed costs to build smaller starter homes. It would also include tax incentives for builders and requirements on longer-term affordability.

“The state is making construction of homes unsustainably expensive. From permitting costs to other regulatory burdens like the Climate Commitment Act, government is adding tens of thousands of dollars to housing costs. This study would have uncovered what those impacts really are and saved families hundreds of dollars a month on housing,” Fortunato said.

Fortunato urges cities to adopt tougher drug laws after failed Blake drug possession fix

On the final day of the 2023 legislative session, the Democratic-led state House failed to approve a fix to the 2021 Blake drug possession decision, Senate Bill 5536, by a vote of 43 to 55.

That means that the stopgap bill approved that same year, which sunsets this July, would essentially legalize drug possession in Washington state. Sen. Phil Fortunato had previously voted in support of the contested measure, saying it was “50% carrots and 50% stick.”

After an impasse, the bill was sent to a conference committee and further watered down the state’s approach to dealing with the public drug use problem, and Fortunato, R-Auburn offered the following statement.

“What failed to pass at the last minute to address rampant drug use in our streets was no carrot and no stick. I would not have voted in support of it. After the Legislature adjourns for the year, I will be urging cities in my district to adopt common sense local laws to stop the drug use epidemic.

“The Democrat-controlled Legislature failed the public on this issue. They let the most extreme voices drown out compassion for people languishing in our streets with addiction. Local jurisdictions must act to help drug addicts and keep our communities safe.”

Fortunato proposal to find government waste signed by governor

State employees eligible for bonuses while saving taxpayer money

Legislation sponsored by state Sen. Phil Fortunato that aims to find government waste was signed today in a ceremony with the governor.

Senate Bill 5015 reestablishes the state Productivity Board, which is tasked with creating financial incentives and awarding state employees who find government waste. The program was disbanded in 2011 as a cost savings measure, but as Fortunato points out, the initial cost far outweighed by potential savings.

“Politicians talk about cutting government waste, but the question is, how to find it?” said Fortunato, R-Auburn. “State employees have the potential to save taxpayers much more in recurring costs than what we’re appropriating as potential bonuses for finding efficiencies.”

Fortunato believes this effort can save taxpayers 10 times more than the cost of the program. With a biennial operating budget now near $70 billion, there are many that need this kind of oversight from frontline workers.

Under the new law, the Productivity Board should be operational by July 2025 or sooner. The board would be required to evaluate the potential savings of a proposal and develop a list of possible productivity awards to be distributed to state employees, who could receive up to $10,000 or 10% of savings, whichever is lower.

“State workers know firsthand the inefficiencies in the programs the Legislature or state government creates. Now they will have more incentives to make the best use of those tax dollars,” Fortunato said. “State employees are taxpayers, too.”

The proposal was approved unanimously by the Legislature and goes into effect 90 days after the legislature adjourns on April 23.