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News from 2003

News Archives

Nixon statement on budget vote

     Olympia (June 5, 2003) -- Rep. Toby Nixon today made this statement regarding his vote on Engrossed Substitute Senate Bill 5404, the $23 billion state operating budget for 2003-05:
     “By keeping spending within existing revenue, the budget is much better than it could have been, and Senator Rossi and the other negotiators should be applauded for bringing forth a budget that will not contribute to further decline of our state economy.
     “Unfortunately, I had to vote ‘no’ on this budget, for a couple of reasons. First, I promised the citizens I represent that I would not support reduced spending for critical programs like education -- and this budget makes real cuts in some of those programs. Second, this budget takes money that should be going to critical programs and uses it to continue funding programs and functions that can and ought to be performed by the private and nonprofit sectors. It doesn’t begin to privatize and contract out to the degree it ought to. It leaves us with a regulatory bureaucracy that infringes too much on the lives, liberty, and property of the citizens of Washington.
     “The governor’s Priorities of Government initiative was a good start, but neither it nor this budget go far enough in focusing and streamlining government. We need a budget that truly empowers individuals, families, and the private sector, that gets the government out of their way instead of impeding their progress.”

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Nixon to donate legislative pay raise to charity

     Olympia (May 20, 2003) -- Rep. Toby Nixon today made this statement in response to the state Salary Commission’s decision Monday to give Washington’s elected officials a 2 percent pay increase, effective September 2004:
     “The citizens of Washington wisely amended the state Constitution in 1986 to put authority for setting salaries of elected officials in the hands of an independent commission. As a legislator, I have no more control than any other citizen over the commission’s decisions.
     “While I believe in fair pay for our public servants, I do not believe this is the right time to increase salaries for state employees, whether they are on the front lines providing service or serving as elected officials. Therefore, I plan to contribute any pay increase directly to charity. It makes more sense to provide the money directly to the organizations that deliver services to people than to put it back into the state treasury, where it may never reach the social programs that deserve support.
     “If everyone in the state would regularly contribute directly to the social service agencies of their choice, the cuts proposed to social programs in the state operating budget just wouldn’t matter. We’ve gotten so much in the habit of depending on government to take care of those in need that we’ve literally forgotten how to do it ourselves, and that’s a shame.”

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Nixon’s legislation to stop wireless ‘spam’ signed by governor

     Olympia (May 7, 2003) -- A Redmond-area resident angry about receiving unwanted text messages on her cellular phone soon will be able to fight back, all because of a conversation she had with her state legislator, Rep. Toby Nixon. The Kirkland Republican’s bill to stop “spam” e-mail from plaguing cellular phone and text-pager owners was signed today by Gov. Gary Locke, and will take effect July 27.
     “In a three-day period my husband and I each got a couple of cryptic text messages on our cell phones. When I tried to respond to the message I got nowhere - it was bona fide ‘spam.’ I got angry and told Toby about it,” explained Kathy Swan, one of Nixon’s constituents in the 45th Legislative District.
     “I’m glad I’m represented by people who will listen. It goes to show that one person can make a difference,” said Swan, who joined Nixon at today’s bill-signing ceremony at the Capitol.
     Working with Swan to make sure her concerns were addressed, Nixon introduced House Bill 2007, which creates a commercial electronic text-messaging law similar to the state’s anti-spam law. It will give owners of cell phones and text pagers new protection against paying to receive unwanted ads, or having the text memory of their devices wiped out by unsolicited messages.
     “Many citizens like Kathy can receive only a limited number of text messages without paying. She rightfully felt like someone had put a hand in her back pocket by setting her up for text-messaging fees without her permission,” said Nixon.
     “It’s not right that consumers should have to pay to receive unwanted commercial text messages. Nor should they lose the ability to receive messages they do want because their cell phones or text pagers are filled up with spam. Thanks to a citizen who was willing to step forward, we’re going to be able to nip this practice in the bud,” Nixon said.
     Nixon shepherded the bill through the House Technology, Telecommunications and Energy Committee, where he is assistant ranking Republican. Swan traveled to Olympia to testify at the committee hearing. The House and Senate ultimately passed the measure unanimously.
     The new law will define a “commercial electronic text message” as a message sent to promote real property, goods, or services for sale or lease. Businesses in Washington would be prohibited from sending such messages to a telephone number assigned to a Washington resident for cellular or pager service equipped with short-message capability.
     Nixon’s legislation generally imposes the same $500-per-message penalty as Washington’s anti-spam law, which addresses the issue of e-mail with falsified return addresses or subject lines. It does not apply in certain situations where a subscriber has elected to receive commercial electronic messages from the sender.
     “It seems that on every technological frontier, there is a lawless element that takes advantage of the new, untried nature of the medium to commit abuses. Cellular phone technology is the latest victim of spammers, but this bill reins them in,” added Rep. Roger Bush, R-Graham, who sponsored the state’s 1998 law regulating on-line spam and was a co-sponsor of HB 2007.

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Nixon disappointed by House operating budget, prospect of extra session

     Olympia (April 26, 2003) -- The two-year state operating budget adopted tonight by the House of Representatives continues a trend toward overspending and is a ticket to an expensive, extra legislative session, according to Rep. Toby Nixon, R-Kirkland.
     “The House had a golden opportunity to bring government spending into line for the first time in three years. That would have done a lot to restore citizens’ trust in their government, and it would have let us complete our work on schedule,” said Nixon. “I’m disappointed that we will have to come back to Olympia for a special session at the taxpayers’ expense, just because a majority of House members couldn’t say ‘no’ to new taxes and spending, the way a majority in the Senate did.”
     The House 2003-05 operating budget is based on a tax package that includes a new sales tax on candy and gum, expected to generate $31 million; increased tax penalties on employers, expected to generate $73.5 million; an estimated $38.7 million from increasing the state’s Keno game drawings to once every 4 minutes instead of once a day; and an estimated $155 million from new liquor and cigarette taxes.
     “When you look at this package of taxes and spending, follow the money. The revenue from these taxes is officially funneled into the student achievement fund and the health services account. But this budget would take more money out of those funds, to support the general fund, than it puts in. And that general fund revenue will go to pay for higher public employee salaries.
     “Even then, the math doesn’t work. We’re talking about $359 million in new taxes to support $460 million in new spending on state employee compensation and benefits. How is that $100 million shortfall going to be addressed - by cutting into funding for our vulnerable citizens?” Nixon asked. “I want fair pay for teachers and public employees, but we shouldn’t be raising taxes to do that. Let’s hold the line on taxes, help our economy grow and let the existing tax structure supply the revenue for pay raises.”
     The House spending plan was adopted by a 52-46 vote. It was passed as an amendment to Senate Bill 5404, the operating budget approved by the Senate in a bipartisan vote more than three weeks ago. The Senate and House will have to negotiate the differences between their two budgets during a special legislative session, at a cost of $16,000 to $18,000 a day.
     “It will cost the taxpayers about a half-million dollars for a special session that lasts the maximum 30 days. That’s money the state can’t afford to put down the drain. I would rather see that $500,000 invested in services for vulnerable citizens, like buying a month of basic health care coverage for 3,400 low-income people,” said Nixon.
     Nixon voted instead for the House Republican alternative operating budget. It would have given the state a balanced budget without raising taxes, and restored $68 million for human services, including:

     $24 million for county public health;
     $12.4 million for adult hearing and vision;
     $9 million for managed care;
     $9 million for at-risk youth;
     $5.5 million for the developmentally disabled;
     $5.2 million for rural hospitals; and
     $2.3 million for nursing homes.

     “There was a lot of talk about trust and accountability over the past 15 weeks of the session. But this budget won’t restore the trust lost between citizens and their government, and raising taxes on our employers won’t help our economy,” Nixon said.
     “The Senate and the governor showed that the operating budget could be balanced without new taxes. The taxpayers will rightfully wonder why the House didn’t follow suit.”

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Nixon says House transportation package gives taxpayers the runaround

     Olympia (April 8, 2003) -- The 4-cent gas-tax increase and collection of vehicle-related fees approved today by the House won’t result in the transportation solutions Washington residents want, said Rep. Toby Nixon, R-Kirkland.
     “This is a low-calorie version of Referendum 51 - another plan that imposes taxes first and puts reforms off for later. The only difference is the tax rate. I don’t see how this is going to earn the public’s trust, especially since the bill that would raise the tax is worded to prevent citizens from challenging the tax increase,” said Nixon.
     Nixon, a member of the House Transportation Committee, opposed the transportation package last week when it proposed a 3-cent gas tax increase. The 4-cent increase adopted today, by a 51-46 vote, would raise more money to invest in traffic-congestion relief. That’s of little help without reforms that would ensure the tax revenue is spent efficiently, Nixon said.
     “Do we need to invest in our transportation system? Of course. But I want to see reforms come before any new investment, to make that revenue go as far as it possibly can. The package passed today isn’t going to deliver the solutions the taxpayers are hoping to see,” Nixon said.
     Nixon pointed out that a section of the package’s funding bill, House Bill 2231, would declare an emergency that effectively protects the tax increase from being repealed through a citizen referendum.
     “Last year the Speaker of the House insisted that the people should have the right to vote on a gas tax. This year his party has gone to the other extreme, running around the voters with a bill that takes away their constitutional right to referendum,” said Nixon. “Wouldn’t it make more sense instead to adopt a transportation package that the citizens will support, so they don’t have to challenge it?”
     Nixon’s amendment to exempt environmentally friendly biodiesel fuel from the increased tax was rejected.
     “We’ve already passed several bills supporting the production of biodiesel. I thought it would make sense to encourage the consumption of biodiesel by limiting the tax on it, but I was told to try again next year,” said Nixon.

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Republican lawmakers criticize cancellation of final Transportation Committee hearing

     Olympia (April 7, 2003) -- Several Republican members of the House Transportation Committee today criticized a surprise move to cancel a scheduled committee hearing on the final day bills can be considered in committee. Republicans said several important bills dealing with public safety and transportation congestion relief will die as a result, including bills to crack down on drunk drivers and create a citizen-elected board to oversee Sound Transit.
     “I’m disappointed the Democrat leadership canceled a meeting that would have let us vote on bills we know would bring results citizens are demanding,” said Ericksen-R, Ferndale. “There are only a few weeks left in the 2003 regular session and there is a lot we need to do to improve our transportation system.”
     Republican members of the committee said the decision to cancel the meeting sent the wrong message to voters. Among the bills that will die is Substitute Senate Bill 5538, which would create an elected board to oversee Sound Transit. The bill would have brought more accountability to the heavily criticized transit authority, by making the governing board answer directly to Sound Transit voters.
     “At a time when voters have asked for more government accountability, it’s unfortunate our Democrat colleagues were unwilling to move forward on a bill to would address their concerns by creating an elected body to run the Sound Transit,” said Rep.Glenn Anderson, R-Fall City. “It’s critical we invest in improving our transportation infrastructure. Canceling the last meeting isn’t going to help us get any closer to accomplishing that.”
     “Transportation is one of the top issues in my district,” said Rep. Toby Nixon, R-Kirkland. “I want to do as much as possible this year to improve our transportation system, especially in the Puget Sound area. Canceling the last scheduled committee meeting of the regular session sends the message that we've made enough progress, when I don't feel we have.” The 2003 regular session is scheduled to adjourn April 27.

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Nixon supports North Bend’s effort to escape proposed sex-offender facility

     Olympia (April 7, 2003) -- Residents of the North Bend area who want their community off the state’s list of potential sites for sex-predator housing are going about it the right way, by offering strong evidence why their area is not an appropriate location, said Rep. Toby Nixon.
     “From what I can tell, the North Bend folks presented a compelling case when they met with the Department of Social and Health Services last week, just like the people in the Snoqualmie Valley and Carnation did during the winter,” said Nixon, R-Kirkland. “On one hand, this is how the siting process is supposed to work. On the other hand, I don’t know why DSHS couldn’t have uncovered the same facts. It would save so many headaches on all sides.”
     The 45th District lawmaker was deeply involved in a successful effort to remove Carnation from the Department of Social and Health Services’ list of potential sex-predator facility sites in King County. He subsequently sponsored eight pieces of legislation concerning what DSHS calls “secure community transition facilities,” which would be less-restrictive housing for sex predators now on McNeil Island.
     “Carnation got lucky because we found a school bus stop in front of the proposed site. North Bend shouldn’t have to rely on luck, because there are more obvious reasons why it’s not an appropriate location. I just don’t understand how DSHS has managed to overlook them,” Nixon said.
     “Police and fire response times exceed DSHS’ own standards, and it would be too costly to improve access to the site, which is poor and subject to frequent and extended closure in winter,” said Nixon. “Boy Scouts and other youth groups visit the state Fire Training Academy, which is close by, and there also is a public walking trail in the vicinity.
     “Finally, fish protection efforts have led the Department of Ecology to cease granting new water rights in the Upper Snoqualmie Valley, meaning an exception would have to be made to supply an SCTF. That would be completely unfair to deserving families and employers who have been denied permits,” explained Nixon, who cited the same set of reasons in a letter to DSHS.
     “I understand finding an SCTF site in King County won’t be easy. But Carnation wasn’t the right place, and neither is North Bend,” Nixon said.

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Nixon’s “Good Samaritan” bill receives Senate approval, goes to governor

     Olympia (April 3, 2003) -- Legislation that would expand the state’s Good Samaritan law will move to Gov. Gary Locke for consideration after the state Senate approved it Wednesday. Rep. Toby Nixon expects his measure, House Bill 1052, will be signed into law.
     “This bill would give immunity specifically to construction professionals who volunteer to help make emergency repairs without expecting compensation -- like a roofer who offers to fix roof damage caused by a windblown tree,” explained Nixon, R-Kirkland. “The Good Samaritan law on the books does a good job of covering most situations, but this legislation would make it better.
     “It’s my understanding the governor is handy with a hammer, so I believe he’ll appreciate the intent of my bill,” Nixon added. “Eliminating liability issues might encourage more qualified professionals to step forward and help their neighbors and communities in times of need.”
     HB 1052 would be Nixon’s first bill to complete the lawmaking process.
     “Each bill I put forward is intended to help 45th District residents, make government work better, or make citizens’ lives simpler. This bill encourages simple acts of kindness, without costing any money. I’m pleased it will be my first legislation to become law,” Nixon said.
     Nixon’s legislation passed unanimously in both the House and Senate.

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Nixon bill to clamp down on juvenile car thieves fails to pass before deadline

     Olympia (March 19, 2003) -- Rep. Toby Nixon is disappointed his legislation to increase penalties for juvenile car theft fell one step short of being approved in the House of Representatives. Today was the last day for the House of Representatives to pass House bills, other than budget-related legislation. Nixon’s House Bill 1016 was not among the 480 measures to win House approval and move on to the state Senate.
     “Vehicle theft isn’t at the top of most citizens’ lists of concerns, but it’s still a problem that affects many people -- particularly the 100 or so who have their cars stolen each day,” said Nixon, R-Kirkland. “From what I know, juveniles commit the majority of auto thefts, and the detention sentences they receive don’t seem to be effective deterrents. I wanted to change that.”
     HB 1016 would revoke a juvenile’s driving privileges until age 18 or for one year, whichever is longer, if he or she is convicted for the first time of motor vehicle theft in the first or second degree, or of taking a motor vehicle without permission in the first or second degree. Additional convictions on identical charges would lead to revocation of driving privileges until the thief is 21 or for three years, whichever is longer.
     “Besides the obvious problems caused by car theft, let’s consider another angle: driving is a privilege, and if you steal my car, you’ve interfered with my ability to exercise my privilege,” Nixon explained. “Why shouldn’t you lose your driving privileges as a penalty?
     “My bill was approved by the Juvenile Justice and Family Law Committee more than three weeks ago. It’s been on the House voting calendar much of this month, but the House Democrat leaders didn’t see fit to let us vote on it. That’s discouraging,” Nixon said. “Some legislators apparently were concerned that revoking a juvenile’s driving privileges under this bill would make it difficult for them to get and keep jobs. But isn’t that something the juveniles should think about before they swipe a car?”
     Nixon said he plans to introduce the measure again in the 2004 legislative session.

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Stripped version of HB 1000 won’t affect Brightwater project

Published in the Woodinville Weekly (March 17, 2003)
by Jeanette Knutson, Staff Writer

     On March 11, the state’s House of Representatives adopted legislation prompted by neighborhood concerns over the planned Brightwater wastewater treatment plant in Snohomish County. Unfortunately for neighbors of the project, said Rep. Toby Nixon of Kirkland (R-45th District), the measure passed was Substitute House Bill 1000 — a compromise version which would let the Brightwater project steer clear of Snohomish County’s essential public facility siting process.
     The original version of House Bill 1000 would have forced Brightwater through the Snohomish County siting process. The substitute version of the bill would not.
     Nixon said, “A number of people I represent in the 45th Legislative District live close enough to the project site to have legitimate concerns about air and water quality. I heard from many constituents who supported the original bill,” said Nixon, who ended up voting for the substitute version. “The bill ... won’t help them, but it would help others similarly affected in the future. I tried.”
     House Bill 1000 would prohibit a metropolitan municipal corporation from exercising eminent domain for essential public facilities outside its component county boundaries without first completing the city or county siting process for an essential public facility where the proposed facility is to be located. The original version would have applied to the Brightwater project. The version adopted exempts projects like Brightwater that initiate a review under the State Environmental Policy Act before Dec. 31, 2003.

Nixon’s remarks in House chamber prior to vote

     “As a sponsor of the original bill,” said Nixon, “I rise to speak in opposition to the committee substitute.
     “While I appreciate the efforts of the Local Government Committee to reach a compromise position, I believe the substitute bill does an injustice to the people of Woodinville, Grace and other areas that will be affected by the siting of the Brightwater sewage treatment plant along Highway 9 in south Snohomish County.
     “As law currently stands, Metro King County has been able to site this sewage treatment plant without the voices of the people in the immediately surrounding area being heard. All those who are making the final decisions about the site are in King County, and all those who will be most affected by the siting are in Snohomish County. Despite the fact that Snohomish County would make use of more than half the capacity of the treatment plant, elected officials in Snohomish County are not accountable for the siting, and elected officials in King County are not accountable to those in Snohomish County who are most affected by it.
     “The original bill would give the people who are most affected by this plant — who have to live with this plant in their neighborhood for the rest of their lives — a real voice in the process, by requiring the Snohomish County siting process for essential public facilities to be followed. The substitute exempts any facilities that have already started the environmental impact review process from this requirement ... thus, the Brightwater project would not be affected by the substitute bill.
     “With all due respect to the members of the committee, I urge you to reject the committee substitute and give these people in rural Snohomish County a voice by bringing the original bill forward.”
     Co-sponsor of House Bill 1000 Rep. Brian Sullivan of Edmonds (D-21st District) said, “Rep. Nixon did a good job of trying to strip the bill on the floor. I supported him, but we lost.”

How the original House bill was weakened with respect to Brightwater

     According to Sullivan, it was Rep. Sandra Romero of Olympia (D-22nd District) who added the “Dec. 31, 2003” language that reduced the bill’s effectiveness against the proposed Brightwater project.
     “King County was looking for that amendment,” said Sullivan. “Rep. Romero had strong feelings about moving the bill forward and was willing to offer the compromise to do it.”
     Sullivan said the Brightwater project has some serious constitutional questions. The questions have to do with the “one man, one vote” issue, he said. A government cannot make public policy decisions and collect taxes when the people affected are not voting for the policy makers.
     Sullivan said House Bill 1000 (or its substitute version that passed) has long-term statewide implications.
     “Some people are saying,” said Sullivan, “that this bill was all about King County, that nobody likes King County. People from Walla Walla to Blaine see how inherently unfair (the siting of this project) is.”
     Sullivan said a clean version of the bill is in the Senate. It left committee but has not been voted on yet.

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Brightwater bill passed by House wouldn’t help Brightwater neighbors

     Olympia (March 11, 2003) -- The House today adopted legislation prompted by neighborhood concerns over the planned Brightwater wastewater treatment plant in Snohomish County. Unfortunately for neighbors of the project, said Rep. Toby Nixon, the measure passed was Substitute House Bill 1000 -- a compromise version which would let the Brightwater project steer clear of Snohomish County’s facility siting process.
     “The original version of House Bill 1000 would have forced Brightwater through the Snohomish County siting process. The substitute version of HB 1000 that came out of the House Local Government committee would not. That tells me some minds were changed at the committee level,” said Nixon, R-Kirkland.
     “A number of the people I represent in the 45th Legislative District live close enough to the project site to have legitimate concerns about air and water quality. I heard from many constituents who supported the original bill,” said Nixon, who ended up voting for the substitute version. “The bill passed today won’t help them, but it would help others similarly affected in the future. I tried.”
     HB 1000 would prohibit metropolitan municipal corporations from exercising eminent domain for essential public facilities outside its component county boundaries without first completing the city or county siting process for an essential public facility where the proposed facility is to be located. The original version would have applied to the Brightwater project. The version adopted today would exempt projects like Brightwater that initiate a review under the State Environmental Policy Act before Dec. 31.
     Rep. Nixon’s remarks made in the House chamber prior to today’s vote:
     “As a sponsor of the original bill, I rise to speak in opposition to the committee substitute.
     “While I appreciate the efforts of the Local Government Committee to reach a compromise position, I believe the substitute bill does an injustice to the people of Woodinville, Grace, and other areas that will be affected by the siting of the Brightwater sewage treatment plant along Highway 9 in south Snohomish County.
     “As law currently stands, Metro King County has been able to site this sewage treatment plant without the voices of the people in the immediately surrounding area being heard. All those who are making the final decisions about the site are in King County, and all those who will be most affected by the siting are in Snohomish County. Despite the fact that Snohomish County would make use of more than half the capacity of the treatment plant, elected officials in Snohomish County are not accountable for the siting, and elected officials in King County are not accountable to those in Snohomish County who are most affected by it.
     “The original bill would give the people who will be most affected by this plant -- who have to live with this plant in their neighborhood for the rest of their lives -- a real voice in the process, by requiring the Snohomish County siting process for essential public facilities to be followed. The substitute exempts any facilities that have already started the environmental impact review process from this requirement... thus, the Brightwater facility would not be affected by the substitute bill.
     “With all due respect to the members of the committee, I urge you to reject the committee substitute and give these people in rural Snohomish County a voice by bringing the original bill forward.”

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Nixon resolution seeks fair treatment for Washington taxpayers

     Olympia (March 11, 2003) --
     The House today approved a measure aimed at restoring Washington residents’ ability to deduct state sales tax payments when calculating their federal income taxes. It could reduce the federal tax burden on state taxpayers by $500 million a year, said Rep. Toby Nixon, R-Kirkland, prime sponsor of House Joint Memorial 4004.
     “In the name of ‘simplification,’ the Internal Revenue Code of 1986 eliminated the deductibility of sales taxes in states that don’t impose a state income tax -- which means Washington and six other states. As a result, taxpayers in our state send $500 million per year extra to the ‘other Washington’ that we would otherwise be able to keep here,” said Nixon.
     “A taxpayer in our state winds up paying more in federal taxes than someone with an identical financial profile in an income-tax state. That’s simply not fair,” Nixon added.
     HJM 4004, which has bipartisan sponsorship, represents a formal request to President George W. Bush and Congress to amend the federal tax code to allow the deduction of state sales taxes in lieu of state or local income taxes. The measure now goes to the state Senate for consideration. Such an amendment is the aim of legislation introduced in Congress (Senate Bill 467 and House Resolution 720) last month, Nixon noted.

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House passes Nixon bill aimed at encouraging more “Good Samaritan” acts

     Olympia (March 7, 2003) -- Legislation introduced by Rep. Toby Nixon and adopted Thursday by the House would expand the state’s Good Samaritan law to give immunity to professionals who volunteer to help with emergency construction repairs.
     “We’ve given a certain amount of immunity to people who volunteer to help in emergency situations, but the law doesn’t specifically cover professionals who want to help with emergency construction repairs without expecting compensation,” said Nixon, R-Kirkland.
     “If a windstorm drops a tree on your roof, and your neighbor happens to be a roofer, he or she should be able to volunteer to help you make emergency repairs without worrying that any mistakes made will lead to professional liability issues,” Nixon explained. “That might lead more people to act as Good Samaritans.”
     Nixon’s legislation, House Bill 1052, passed unanimously and has been referred to the Senate Judiciary Committee.

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House committee passes Nixon bill to keep “spam” from flying through the air

     Olympia (March 5, 2003) -- Rep. Toby Nixon wants to stop the annoying, unsolicited “spam” advertising familiar to e-mail users from being a costly nuisance to mobile phone users. Members of the House Technology, Telecommunications and Energy Committee agreed Monday by passing House Bill 2007, Nixon’s legislation to create a commercial electronic text-messaging law similar to the state’s anti-spam law.
     “I’ve been hearing increasing complaints from constituents that they are receiving unwanted commercial text messages on their cell phones. While e-mail spam is bad enough, when you receive these on your cell phone, you have to pay to receive it - upwards of 10 cents per message,” said Nixon, R-Kirkland. “It’s an outrage that someone should have to pay to receive an unwanted ad, or have the text memory of their phone used up by unsolicited text.”
     “It’s understandable that cell phones weren’t covered under the original anti-spam law. Who knew technology would advance so quickly? But once text messaging became popular, it was only a matter of time before the spammers went mobile too,” added Nixon, a longtime software architect who is assistant ranking Republican on the Technology, Telecommunications and Energy Committee.
     Under HB 2007, businesses in Washington would be prohibited from sending commercial electronic text messages to a telephone number assigned to a Washington resident for cellular or page service equipped with short-message capability. A “commercial electronic text message” is a message sent to promote real property, goods, or services for sale or lease.
     Nixon’s bill would apply the same $500-per-message penalty as the anti-spam law, which addresses the issue of e-mail with falsified return addresses or subject lines.
     His legislation would not apply in certain situations where a subscriber has elected to receive commercial electronic messages from the sender.

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International Community School student spends week as legislative page

     Olympia (February 19, 2003) -- Caleb A. Lindgren, a ninth grader at International Community School in Kirkland, recently served as a legislative page in the state House of Representatives. He was sponsored by state Rep. Toby Nixon, R-Carnation.
     Lindgren, 15, the son of Brian and Sylvia Lindgren of Kirkland, served as a page the week of Feb. 16-21, 2003. As a page, Lindgren observed the Legislature in action and was responsible for delivering messages and documents to legislators in their offices, committee meetings and in the House Chamber during floor sessions. He also continued his studies for two hours a day at a “page school” at the Capitol.
     As well as an interest in state government, Lindgren is currently in the school’s Drama Club production of “Midsummer Night’s Dream” and he sings in the Bel Cante Advanced Youth Choir. He recently earned the rank of Life Scout from the Boy Scouts of America.
     To become a page, applicants must have a legislative sponsor and be between the ages of 14 and 17. Additionally, pages are required to hold a minimum C+ grade average and obtain written permission from their parents and school. Pages are responsible for their own housing and transportation during their week. A list of available private hosted housing is available at the time of employment confirmation.
     Additional information about the House Page program can be found on the Internet by visiting the House home page at www.leg.wa.gov.

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Local home-schooled student spends week as legislative page

     Olympia (February 19, 2003) -- John W. Stevens, a home-schooled ninth grader through the Pensacola Christian Academy in Kirkland, recently served as a legislative page in the state House of Representatives. He was sponsored by state Rep. Toby Nixon, R- Kirkland.
     Stevens, 15, the son of David and Jeanette Stevens of Kirkland, served as a page the week of Feb. 16-21, 2003. As a page, Stevens observed the Legislature in action and was responsible for delivering messages and documents to legislators in their offices, committee meetings and in the House Chamber during floor sessions. He also continued his studies for two hours a day at a “page school” at the Capitol.
     To become a page, applicants must have a legislative sponsor and be between the ages of 14 and 17. Additionally, pages are required to hold a minimum C+ grade average and obtain written permission from their parents and school. Pages are responsible for their own housing and transportation during their week. A list of available private hosted housing is available at the time of employment confirmation.
     Additional information about the House Page program can be found on the Internet by visiting the House home page at www.leg.wa.gov.

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Eastlake High School student spends week as legislative page

     Olympia (February 11, 2003) -- Elizabeth C. Lepere, a tenth grader at Eastlake High School in Sammamish, recently served as a legislative page in the state House of Representatives. She was sponsored by state Rep. Toby Nixon, R-Kirkland.
     Lepere, 16, the daughter of Steve and Karen Lepere of Sammamish, served as a page the week of Jan. 19-24, 2003. As a page, Lepere observed the Legislature in action and was responsible for delivering messages and documents to legislators in their offices, committee meetings and in the House Chamber during floor sessions. She also continued her studies for two hours a day at a “page school” at the Capitol.
     As well as an interest in state government, Lepere is a student representative for her school on the City of Sammamish Youth Board, is in girl scouts and on the high school drill team.
     To become a page, applicants must have a legislative sponsor and be between the ages of 14 and 17. Additionally, pages are required to hold a minimum C+ grade average and obtain written permission from their parents and school. Pages are responsible for their own housing and transportation during their week. A list of available private hosted housing is available at the time of employment confirmation.
     Additional information about the House Page program can be found on the Internet by visiting the House home page at www.leg.wa.gov.

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House passes Nixon legislation to ensure toll payers’ privacy, expand public access to political campaign records

     Olympia (February 11, 2003) -- People who use electronic toll-paying technology when the second Tacoma Narrows Bridge opens would have their identities protected under legislation introduced by Rep. Toby Nixon and adopted Monday by the House of Representatives.
     “Transponders eliminate the hassle of stopping at a toll booth. You cross the bridge, the system identifies your vehicle, and you pay up later. It’s a great use of technology. Unfortunately, the information it collects could let someone play ‘Big Brother’ and figure out where you were at a certain time. House Bill 1019 directly addresses the concerns of people who would refuse to use a transponder out of concern for their privacy,” explained Nixon, R-Kirkland.
     HB 1019 would make personally identifiable information collected through a toll- paying transponder exempt from the state’s public disclosure law, unless a subpoena has been issued in a criminal investigation. The bill is significant because it looks down the road not only toward the opening of the new Narrows bridge but any other toll bridges that may show up on the drawing board, such as a new span across Lake Washington, Nixon added.
     The House also adopted House Bill 1021, another Nixon measure. It would require a political campaign’s account records to be available for inspection by appointment, between 8 a.m. and 8 p.m., for the eight days prior to an election. State law now requires two hours for “drop-in” inspection the eighth day, and inspections by appointment only on the seven days prior to the election.
     “This is an easy change that brings more consistency to the process and actually expands the time available for inspecting records,” Nixon explained. Both measures passed unanimously and now go to the state Senate for consideration.

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Lawmakers want to see more work on prescription-drug legislation

     Olympia (February 7, 2003) -- King County lawmakers say they liked House Bill 1214 better before it went to the House budget committee, where a piece that would have provided prescription- drug assistance for low-income seniors was stripped from the measure. But the bill still has enough favorable points to deserve a trip to the state Senate, said the 45th, 47th and 48th District legislators who voted for HB 1214 today when it came before the full House.
     “This bill already is a reminder of how things can evolve – for better or worse – through the committee process. I know prescription drug costs are an issue of great importance to my constituents, like my mom, a low-income senior citizen who takes more than half a dozen prescription drugs, and we need to address that. While the bill we passed today isn’t perfect, I trust the Senate and negotiations between the House and the Senate will get it much closer,” said Rep. Toby Nixon, R-Kirkland.
     “I am a fiscal conservative. In other words, I believe government should wisely spend the hard-earned money of taxpayers. And one of state government’s top priorities must be helping senior citizens,” said Rep. Jack Cairnes, R- Covington. “This bill definitely isn’t perfect, but we must do something to help lower the cost of prescription drugs. I will be working with the Senate to make some changes that will truly benefit the citizens of Washington.”
     “We all know there is a serious situation for many of our senior citizens. It’s critical that they get the medicines they need, but many can’t afford them, “ said Rep. Rodney Tom, R-Bellevue. “Today’s bill represents a beneficial short-term fix. Our next goal will be to develop a long-term plan that helps seniors, but is careful not to move us further toward state-run health care.”
     The Republican lawmakers said they preferred an alternative proposed today by House Republicans, which was similar to HB 1214 but better in two ways: it would have established a low-income senior prescription drug benefit and limited unnecessary layers of government.
     They pointed to the state’s tobacco settlement fund as a way to create a prescription-drug assistance program for low-income senior citizens this year, instead of putting that off for two years while the Department of Social and Health Services designs a plan.
     “I’d rather invest the tobacco money in health care than use it to balance the budget, which is what happened last year,” Nixon said. “Nor do we need a new government bureaucracy to oversee a new government-run drug program when a structure is already in place.”
     “We need to make sure we are using our state’s resources to provide the most benefit to the citizens of Washington,” Tom said. “Providing prescription drug assistance to our seniors is important and we already have state agencies that can handle the job. More bureaucracy isn’t necessary and only takes funding away from other programs.”
     After the Republican alternative was rejected, Nixon, Cairnes and Tom voted for HB 1214 to move it forward in the lawmaking process.
     “This bill still needs some work, as we tried to show with our alternative,” Cairnes said.
     “Fortunately, our legislative process is designed to allow that,” added Nixon.

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Nixon votes to reaffirm felony-murder convictions, strengthen voyeurism law

     Olympia (February 5, 2003) -- Rep. Toby Nixon, R-Kirkland, today voted to pass two bills intended to uphold the state’s felony-murder law and add to the law against voyeurism. Both measures would address problems resulting from rulings by the state Supreme Court in 2002.
     “These bills would restore the measure of public safety and security our citizens believed they had until last year,” said Nixon. “We thought the felony- murder law and the anti-voyeurism law were clear, but the court found room for interpretations no one expected.”
     Since 1975 Washington law has allowed a charge called “felony murder” to be filed in cases where an assault leads to a death. But the high court threw that out last year, putting a large number of murder convictions in question: 299 cases across Washington, including 120 in King County.
     Nixon sponsored House Bill 1407 to clarify the felony murder law and prevent those convicted under it from going free. On Jan. 29 the state Senate unanimously passed Senate Bill 5001, a Republican-written bill that did essentially the same thing. That’s when the lawmaking process stalled, Nixon said.
     “I would have expected quick action on the House version, seeing what happened in the Senate. But HB 1407 just sat -- it wasn’t even scheduled for a committee hearing,” Nixon said.
     “Today’s vote came only because the House Republican Caucus pushed for quick action. This issue was so important, we were willing to forego a committee hearing on the House bill and call for a direct vote on the Senate version by all members of the House,” Nixon explained. “That’s what broke the logjam and allowed us to vote on, and pass, this bill.”
     SB 5001 passed by a 95-1 vote.
     “Now the bill heads to the governor, and I hope he signs it quickly. The Supreme Court needs to know we want the original intent of the felony murder law upheld,” said Nixon.
     The law making voyeurism a crime was adopted in 1998. But last year, the Supreme Court overturned the convictions of two men who photographed or videotaped under the skirts of unsuspecting women in public places. The court concluded the law did not prohibit voyeurism in a public place.
     Nixon co-sponsored House Bill 1001 in response. It would clearly outlaw viewing, photographing or filming of "another person’s intimate areas" without that person’s knowledge and consent -- no matter whether it’s in public or in private.
     He also supported Republican amendments addressing the distribution of voyeuristic images over the Internet.
     HB 1001, approved 96-0, now goes to the state Senate.

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Nixon encouraged to see House begin year with bill promoting accountability

     Olympia (January 29, 2003) -- There’s more to holding government accountable than simply watching how it spends taxpayers’ money, says Rep. Toby Nixon. That’s why the Kirkland Republican was encouraged today to see the first bill passed by the House of Representatives in 2003 was a measure to require regular performance audits of state agencies.
     “Fiscal audits, which focus on spending, are good. But performance audits look at the other factors that affect the relationship between citizens and a state agency – the quality of service it supplies, how it treats its customers, whether it’s being efficient, and how it’s being managed,” Nixon explained. “I’m glad we adopted this legislation before anything else this year. It sets a positive tone.”
     Substitute House Bill 1053, adopted 97-0, would authorize the state auditor to regularly audit the performance of state agencies using evaluation standards set by a seven-member citizen oversight board. Nixon opposed a performance- audit bill that passed in the House but failed in the Senate last session (House Bill 2563), because it would have had the governor’s own budget office conducting the audits.
     “That one wasn’t even close to offering the level of accountability we need to restore the public’s trust in government. The bill we adopted today would make the whole process much more open and credible. It’s a huge improvement from last year,” Nixon said.
     He is also encouraged that Republicans and Democrats worked cooperatively to reach agreement on changes to SHB 1053.
     “It was good to be reminded this early in the session that we can reach common ground. That’s a skill that should prove very valuable in the weeks ahead, if we expect to solve the state’s problems in ways that inspire public confidence in government,” Nixon added.
     SHB 1053 now goes to the Republican-controlled Senate for consideration.

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45th District lawmakers, community residents get Carnation dropped from list of proposed sex-predator housing sites

     Olympia (January 15, 2003) -- Carnation residents can breathe easier today after their three state legislators teamed with local leaders to defeat a proposal to house sex predators in their area. The Department of Social and Health Services withdrew Carnation from a list of proposed sites late Tuesday after it was shown that the location was across from an established Riverview School District bus stop.
     “I’m glad DSHS recognized that their proposed location was a bad fit for the Carnation community,” said Sen. Bill Finkbeiner, R-Carnation. “But at the same time, I encourage King County leaders to step up and work to find a suitable location for this needed facility.”
     Carnation is in the 45th Legislative District. Since the DSHS announcement last month that the community was one of three candidates to become home to what is called a “Secure Community Transition Facility,” the district’s three legislators – Rep. Toby Nixon, Rep. Laura Ruderman and Finkbeiner – have been working with local residents, who formed the Sno-Valley Community Action Team. Together they came up with enough reasons to change DSHS’ mind.
     “Sex offenders don’t belong near our schools or where children catch the bus,” said Ruderman, D-Kirkland. “I’m glad we could work with the state to correct this error and protect the people of our district. This is a good example of how democracy is supposed to work -- lawmakers and the community each did their part and together we fixed the problem.”
     “I’m very, very happy the people of Carnation came together the way they did to collect and organize the information needed to convince DSHS to remove their community from the list of proposed sites,” said Nixon, R-Kirkland. “The public input process defined in the SCTF legislation was designed to uncover information like this, and the process worked.”

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Nixon begins second term in House with focus on transportation, education, taxes

     Olympia (January 15, 2003) -- The 2003 legislative session is off to a strong start for Rep. Toby Nixon, R- Kirkland. Nixon, sworn in Monday for another term as legislator from the 45th District, already has a trio of bills going before the House State Government Committee this week.
     “Each of these bills is aimed at making government work a little bit better and citizens’ lives a little bit simpler, without costing any money. We could use more legislation like that in Olympia – it would go a long way toward restoring the public’s trust in government,” said Nixon.
     Nixon’s priorities this session are transportation, education, and tax reform, which he views as critical to families in the 45th District and across Washington.
     “I’d like to see a set of smaller, achievable congestion-relief projects that get work started, and stronger transportation reforms that go beyond what Referendum 51 would have brought,” said Nixon, who will serve again on the House Transportation Committee.
     Nixon’s focus on education will center on maintaining the quality of Washington’s public-school system, and he plans to work toward reforming state tax policy to encourage entrepreneurship and the creation of new jobs.
     He also will be a member of the House State Government Committee and serve as Assistant Ranking Republican on the House Technology, Telecommunications and Energy Committee, which will consider legislation of particular interest to the tech-savvy 45th District.
     Nixon’s office has moved this year, to 437 John L. O’Brien Building. His telephone number is unchanged, 360-786-7878, as is his e-mail address: nixon_to@leg.wa.gov. He welcomes constituents to write, phone or schedule a visit throughout the session.
     Citizens also may leave Nixon a message through the toll-free legislative hotline, 1-800-562-6000.

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Little to recommend state income tax

Published in the Eastside Journal (January 4, 2003)
by Reps. Toby Nixon, Glenn Anderson and Cheryl Pflug

     California’s governor disclosed recently that the state’s projected budget deficit had ballooned by two-thirds, to nearly $35 billion. The cause, to quote a network news report, was “a nose-dive in personal income tax revenues, which make up a healthy portion of revenues flowing into the state treasury.” With that as a backdrop, here’s our assessment of what to consider when evaluating the merits of a state income tax for Washington.
     People argue that adding a state income tax to sales and property taxes will make state government’s revenue more stable. Experience shows this is not the case.
     California has all three, and it has a 24-percent general fund shortfall this year (compared to about 10 percent in Washington). Oregon has an income tax instead of a sales tax, and its budget shortfall is greater than Washington’s, too. Why? When people lose their jobs, their spending simply doesn’t fall as quickly as their incomes (since they will spend some of their savings and unemployment insurance payments). That makes an income tax more volatile than a sales tax or a property tax, as California is learning.
     The argument that sales taxes are regressive is questionable. Much of what people with lower incomes purchase, such as rent, food, medicine, utilities, and so on, is exempt from sales tax. Wealthier people have more disposable income, and spend more of it on things subject to sales tax, like restaurant meals, entertainment or expensive cars. They also are more inclined to buy professional services, which are taxed under Washington’s much-higher business and occupation tax rate.
     Yes, a state income tax is deductible from your federal income tax -- but only if you itemize deductions on Schedule A. Those with high incomes tend to itemize, but the majority of us take the standard deduction, so the majority of Washingtonians will see no benefit. Keep in mind also that none of the proposals to add an income tax, in exchange for merely reducing the sales tax or property tax, would touch the portion of the sales tax and property taxes collected by local government. Also, property taxes are deductible -- so reducing them means you’ll actually lose some of your deduction.
     The argument that the wealthiest pay only about 4 percent of their income in state taxes, while the poor pay 16 percent, is commonly stated -- and widely distorted. Those wealthy people are also paying 25 percent to 40 percent of their income in federal taxes, a good portion of which comes back to the state in federal spending. People with incomes under $20,000 often pay no federal tax at all, and in fact get “earned income credit” sent to them (backed by taxes paid by the wealthy).
     It would be irresponsible for us, as lawmakers, to look at state sales, property and income taxes in isolation from other state taxes, local taxes and federal taxes. Look at the overall burden and you’ll find, as the Tax Structure Committee did, that individuals with household incomes of $25,000 pay 12.3 percent of their income toward federal, state and local taxes; households who make $75,000 pay 17.8 percent; and those who make $150,000 pay 23.3 percent of their income. From where we stand, our overall tax system at all levels seems very progressive.
     There are two other things to consider. The first involves the difficulty and pitfalls that go with crafting and adopting very large new chapters of state law to cover all forms of income, exemptions, deductions, etc. Would Washington tax Social Security benefits at the state level? Military pay? Pensions? Do you continue the “marriage penalty”?
     Second, income taxes are very complex compared to sales and property taxes. Washington would need a huge government bureaucracy similar to the Internal Revenue Service to administer and enforce such a tax. And because no one has proposed abolishing other taxes in favor of an income tax, the bureaucracy that already exists to collect sales and business taxes would remain.
     Taxpayers’ lives would be more complicated. Employers will have to change their payroll systems to deduct and remit the tax. You’ll have to keep lots of extra records and be subject to having your financial records audited.
     True, the hassle that would go with dealing with another tax would be a gold mine for accountants, professional tax preparers, attorneys and tax software companies -- but that’s not the way to revive Washington’s economy.
     Our founding fathers complained that the government of their time “sent hither swarms of Officers to harass our people, and eat out their substance.” That’s what we’d have to look forward to under a state income tax. Our existing tax system imposes the least possible compliance burden on individuals; we should keep it that way.
     Rep. Toby Nixon, R-Kirkland, serves the 45th Legislative District, which includes part of Kirkland, Woodinville and Redmond, plus Duvall, Carnation and Upper Snoqualmie Valley. Rep. Glenn Anderson, R-Fall City, and Rep. Cheryl Pflug, R-Maple Valley, represent the 5th Legislative District, which includes south and east King County, including North Bend, Snoqualmie and Issaquah.

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Kirkland legislator named to House Republican leadership team, selected for committee leadership post

     Olympia (December 31, 2002) -- Rep. Toby Nixon will begin his second year in the House of Representatives with a pair of new legislative responsibilities. Nixon, R-Kirkland, will serve as vice chair of the House Republican Caucus, and assistant ranking Republican on the House Technology, Telecommunications and Energy Committee.
     “I’m concerned about the state’s budget situation, but I see the condition of the state’s economy as the bigger crisis facing Washington. At the same time, I recognize that we need to deal with the issues that citizens confront every day – transportation, neighborhood safety, education and health care,” said Nixon. “As a member of the new House Republican leadership team, I’ll have a role in working with the Democrat majority in the House to address those concerns in a cooperative way.”
     His selection as number-two Republican on the House Technology, Telecommunications and Energy Committee puts Nixon, a Microsoft software architect, in a better position to evaluate and respond to bills that could have important effects on the 45th Legislative District.
     “Many people in our part of East King County have a direct stake in the success of our high-tech economy – and each of us is affected by the energy policy this committee helps set, as we know from the energy-rate emergency of 2001. I’m pleased to have a larger part in what the committee does,” said Nixon, who joined the committee when he began serving in the House.
     Nixon’s two appointments were announced by Rep. Beverly Woods, R-Poulsbo, chair of the House Republican Caucus. They take effect when the 58th Legislature convenes Jan. 13 in Olympia.

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