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News from 2005
News Archives45th District legislators invite citizens to town hall meetings December 3Olympia (November 22, 2005) -- Sen. Bill Finkbeiner and Reps. Toby Nixon and Larry Springer are inviting 45th District residents to attend a town hall meeting in Carnation or Kirkland on Saturday, December 3.Citizens who attend will have an opportunity to speak with the legislators and voice their opinions on issues of importance to King County and Washington state, including job creation, election reform, education and open government. The lawmakers plan to use citizens’ comments as they prepare for the upcoming 2006 legislative session. The meeting times and locations are as follows: For more information, please contact Sen. Bill Finkbeiner at (360) 786-7672; Rep. Toby Nixon at (360) 786-7878; or Rep. Larry Springer at (360) 786-7822. (return to top) Rep. Nixon honored for work to create jobsBellevue (November 14, 2005) -- Rep. Toby Nixon, R-Kirkland, has been recognized by the Association of Washington Business (www.awb.org) for his work to champion bills that will help Washington businesses thrive and keep Washingtonians working.“The Legislature must lead the way in creating jobs and prosperity for Washington families. I’m committed to supporting our state’s job providers – Washington businesses,” said Nixon, ranking Republican member of the State Government Operations and Accountability Committee. To qualify for the Cornerstone Award, legislators must vote in support of improving the state’s business environment more than 80 percent of the time. They are rated based on their support of legislation that creates jobs, lowers the regulatory burden on businesses and brings in new businesses and jobs to the state. “Sixty to eighty percent of the new jobs created in our state are created by existing businesses. They are the backbones of our communities,” said Nixon. “Job providers shouldn’t have to struggle with the regulatory burdens currently being placed on them by government agency bureaucrats. They shouldn’t be hindered by excessive taxes. We need to create an environment that provides incentives for businesses to remain in our state, to expand and employ more Washingtonians, and to bring more family-wage jobs to Washington.” Nixon, who is serving his third term representing the 45th District, also serves on the House Technology, Energy and Communications Committee and the Transportation Committee.
Rep. Nixon urges election reform in line with the lawOlympia (September 15, 2005) -- Rep. Toby Nixon participated in a press conference today at noon to urge election officials to follow the letter of the law when drafting new election rules.“We have heard today that the rules the Secretary of State has adopted to implement the changes the legislature made in election laws are inconsistent with those laws,” said Nixon, R-Kirkland. “With all due respect, the Legislature, the elected representatives of the people of this state, expect every elected official to do their duty and obey the law.” Nixon contends that officials at the secretary of state’s office are making rules that run afoul of legislative intent. Nixon believes that officials should make rules that are consistent with what the laws actually say. He echoes the sentiments of the Evergreen Freedom Foundation and Rep. Doug Ericksen, R-Ferndale, who participated in the press conference with Nixon today. “It doesn’t matter if these officials disagree with the policy established or if they believe the policy is inconvenient or expensive. They have sworn to uphold the laws of this state,” Nixon said. House Republicans sponsored and participated in passing numerous bills last session with election reform as the primary topic. (return to top) Seattle Post-Intelligencer: Congress should butt out on medical marijuanaBy TOBY NIXONSTATE REPRESENTATIVE (Click here for the original article) Olympia (August 16, 2005) --
The balance between the powers of the states and the powers of the federal
government was tipped toward the latter by the U.S. Supreme Court’s recent
decision on medical marijuana. As a state, Washington has the right to push
back. And, as a state with a citizen-approved medical marijuana law, we should,
if for no other reason than to assert our powers under the 10th Amendment
to make our own decisions. We can begin by sending a formal message to
Congress, and one is ready for my fellow legislators to consider.
Nixon legislation will assert states’ rights to ‘experiment with liberty’Olympia (June 16, 2005) -- Rep. Toby Nixon thinks the U.S. Supreme Court overstepped last week in ruling that Congress has more authority than people in individual states to decide whether to allow use of marijuana for medicinal purposes. He’s prepared a formal message to that effect which will go before the Legislature when it convenes in January.“The central question here isn’t whether marijuana has medicinal value,” said Nixon, R-Kirkland. “It’s whether the states should be allowed to make their own decisions about the health and welfare of their citizens – the way the voters of Washington did in 1998 when 59 percent of them agreed with Initiative 692’s position that ‘some patients with terminal or debilitating illnesses, under their physician’s care, may benefit from the medical use of marijuana.’” States should have flexibility in determining what constitutes a crime and what penalties should apply, Nixon added. “I wouldn’t want the feds trying to override the ‘Two Strikes’ law for sex offenders that our state adopted in 1996, or telling us the penalties we set for murderers or rapists are too tough. For that reason, I also don’t want them telling us how to deal with medicinal marijuana,” he said. Nixon began work on his legislation, known as a joint memorial, the same day the high court ruled Congress’ authority over interstate commerce includes the power to prohibit use of medical marijuana cultivated exclusively inside the state in compliance with California law. The June 6 decision effectively invalidates Washington’s medical marijuana law, created by I-692. “One of the great things about our federalist system of government is that it allows any state, with the consent of its citizens, to experiment with liberty – to test innovative new ideas – without posing a risk to the rest of the country. The people of our state decided to try a medical marijuana law, and even though it doesn’t seem to have created a social or criminal problem, the federal government is now encroaching on their choice. As a state, we have the right to push back,” said Nixon, who is Republican leader on the House State Government Operations and Accountability Committee. His measure, which will be introduced for the 2006 legislative session, will ask Congress to amend federal drug laws so Washington and other states may “decide for themselves whether to allow marijuana to be used for medical purposes, treating it as we currently do other medications that bring relief to suffering, so long as it is for personal medicinal use only and is not bought, sold, or transferred in interstate commerce, and allow the states to be the test-beds for policies, for compassion, and for the right of people within individual states to decide this issue for themselves, whether through their elected representatives or directly through the initiative process.” (return to top) Rep. Nixon says Chelan judge’s decision spotlights need for election reformOlympia (June 6, 2005) -- As top-ranking Republican on the House State Government Operations and Accountability Committee, Rep. Toby Nixon, R-Kirkland, is at the forefront of House Republican efforts to adopt legislation that would restore integrity to and public confidence in Washington’s elections system. He has this to say about the decision handed down in Chelan County Superior Court this morning:“The key point made by Judge Bridges today is that our current election laws need to be tightened up and enforced properly so that errors do not occur and to hold election officials accountable for errors when they do occur. Clearly, previous legislatures did not adequately consider the possibility that official errors could occur in such a magnitude -- more than ten times the margin of victory. Previous legislatures also did not adequately consider the virtual impossibility of proving which candidate benefited from illegal votes, since those who cast such votes cannot be compelled to disclose who they voted for. “The work of reforming our election laws is not done. We have not yet implemented many of the reforms recommended by even the governor’s own task force on elections, and Judge Bridges’ decision has identified many additional places where improvements are needed. The Legislature must follow through with those reforms and improvements if we are to prevent a repeat of this situation. We need to reinforce the security, accuracy, and integrity of our elections. Our election system is the foundation of democracy, and if voters don’t have confidence in it, they will not trust that the government is carrying out their will. “We need to hold election officials accountable for errors and violations of the law. Many laws and rules were broken by election officials during the 2004 general election, which, according to Judge Bridges, allowed over 1,600 votes to be included in the count that should not have been. Even though the courts have found that sufficient proof of who benefited from these illegal votes does not exist and thus they cannot overturn the certified result of the governor’s election, the task still remains to identify who was at fault for these many violations and hold them accountable. I once again call upon the governor to request an investigation by the Attorney General, and where it is found that election officials knowingly failed to obey the law, they should be prosecuted. I once again call upon Ron Sims to clean up the King County elections division and to install leadership that will not tolerate a culture that considers the level of errors that occurred last year to be just a normal part of doing business. The people of King County and of the state of Washington deserve better, and must hold Sims accountable for failing to instill a culture of accountability at King County Elections.” (return to top) Rep. Nixon comments on estate tax billOlympia (April 22, 2005) -- Rep. Toby Nixon delivered the following comments during House floor debate today on the Democrat’s bill to re-establish an estate tax in Washington state:At the beginning of this debate, the gentleman from the 46th district quoted from the preamble to the United States constitution. Let me quote the entirety of it: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” To secure the blessings of liberty to our posterity. It says nothing, Mr. Speaker, about taking the property of our posterity. Mr. Speaker, I love to quote from our founding documents. Let me try another. Our state constitution, in Article VII, Section 1, says: “All taxes shall be uniform upon the same class of property within the territorial limits of the authority levying the tax and shall be levied and collected for public purposes only. The word "property" as used herein shall mean and include everything, whether tangible or intangible, subject to ownership.” That uniformity clause is important, Mr. Speaker. It means it doesn’t matter how much of a kind of property you have, it has to be taxed at the same rate. And that tells me that this progressive death tax may very well be unconstitutional. If you don’t like uniform taxes, amend the constitution first! Finally, Let me quote from another of our founding documents: the Declaration of Independence. Jefferson wrote that the purpose of government is to help us secure our lives, liberty, and property. He then went on to write: “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.” If I may be so bold, I would not be at all surprised, after this session, if the people of the state of Washington decide to exercise that fundamental right, and alter this government. Thank you Mr. Speaker. (return to top) Seattle Post-Intelligencer: House overwhelmingly votes to pass final election reform billsBy RACHEL LA CORTEASSOCIATED PRESS WRITER Olympia (April 22, 2005) -- The House overwhelming voted Friday to pass the two major bills of an election reform package, which had been held up by a battle over how voters should identify themselves at the polls. On a 97-1 vote, the House passed the measures to create statewide voting standards and enhance voter registration record-keeping. The bills must now be approved by the Senate, which was expected to vote late Friday. Gov. Christine Gregoire has said she would sign the bills. “A lot of good things are included” in these bills, said Rep. Toby Nixon, R-Kirkland, the ranking Republican on the House State Government, Operations and Accountability Committee. “We don’t yet agree that the ID requirement at the polls is strong enough and we will continue to work on that.” Nixon called the measures “an improvement on current law.” Secretary of State Sam Reed, who headed up an election reform task force this year and suggested much of the content of the bills, said he was “delighted and relieved” that the two houses finally reached agreement. “It really does cover most of the issues that we felt were imperative for election reform,” Reed said. The vote came after election reform leaders in the House and Senate worked out their main differences during a conference committee meeting Thursday night. Republicans wanted voters to be required to show government-issued photo ID. Senate Democrats wanted to require either photo ID or a voter registration card. The House amended that language last week, allowing a utility bill or bank statement to be used. The House also allowed the option of letting voters without ID verbally state their name, year of birth and a unique identifier assigned by the secretary of state, something not supported by either Republicans or Democrats in the Senate. At Thursday night’s meeting, the four Democrats and two Republicans agreed to allow the House version of the bill, minus the verbal identification allowance. “I feel like I’m floating about two feet above the ground,” said Rep. Kathy Haigh, D-Shelton, chairwoman of the House State Government, Operations and Accountability Committee. “To have the support of the Republicans is just unbelievable. We really worked hard.” The two bills would also streamline voter databases, allowing the secretary of state to screen for felons, those who have declined to serve on juries because they are not U.S. citizens, or have been found legally incompetent to vote. The bills also require mail and absentee ballots to be visually distinguishable from other ballots, and make voting more than once a felony. The changes will take place this summer, 90 days after the legislative session is scheduled to end on Sunday. Lawmakers still held out slim hope for resurrecting a bill to move the primary election to August from September. County auditors say that is necessary to give them more time to get absentee ballots to military and overseas voters and to get ready for the general election. That bill never came up for a vote and missed a cutoff deadline last week when Republicans locked up their vote because they weren’t happy with the other election bills. The bills were among several introduced after the governor’s race that saw Democrat Gregoire win by 129 votes after a hand recount of nearly 2.9 million ballots. Supporters of her Republican opponent, Dino Rossi, have gone to court seeking to void the results, alleging widespread problems and voting irregularities, including illegal votes by felons and dead people. A trial in that case begins May 23 in Wenatchee. Other election reform bills awaiting the governor’s signature include: a bill requiring a paper trail for all electronic voting machines; a bill requiring the secretary of state to review county election procedures every three years and to provide a manual of election laws and rules to all counties; and a bill that requires out-of-state, overseas and military service voters to be told of rights and procedures. Gregoire is expected to sign all of them. The omnibus election reform bill is Senate Bill 5499, the voter registration record-keeping bill is Senate Bill 5743, the paper trail bill is Senate Bill 5395, the all-mail voting bill is House Bill 1754, the out-of-state voters’ information bill is Senate Bill 5565 and the election law manual bill is Senate Bill 5564. The county review bill is House Bill 1749. (return to top) Computer crime bills pass Washington State LegislaturePolicies fighting spyware and phishing headed to governorOlympia (April 18, 2005) -- Computer users could get new protections from “spyware” and “phishing” through two bills passed by the Washington State Legislature. “Computer crime, like phishing and spyware, is on the rise, and computer users need the best protections,” said Rep. Jeff Morris (D-Anacortes), sponsor of the spyware bill and chair of the House Technology, Energy and Communications Committee. “With this package, our state stiffens penalties for those who exploit e-mail and the web for fraud.” Complaints about Internet fraud and intrusion increased by over 66 percent between 2003 and 2004, according to the FBI’s Internet Fraud Complaint Center. These complaints include spyware, malicious programs that can hijack computers and steal information, and phishing, sending out fraudulent e-mails and soliciting private information. “Computer-savvy criminals are using cyberspace to reach into the homes of our citizens, invade their privacy with spyware and ‘phish’ them into old-fashioned con games. We need to keep our state code current to address crimes as they evolve and respond to criminals as they become more sophisticated. These two laws will be a welcome addition,” said Rep. Toby Nixon (R-Kirkland). Under House Bill 1012 sponsored by Morris, the spyware bill would allow the state Attorney General to seek damages up to $100,000 per violation or actual damages, whichever is greater. Business victims of spyware attacks may also sue spyware purveyors. For example, a company whose software is secretly infiltrated by spyware can take action under this bill. A court may choose to increase damages up to three times the amount of the award, but not to exceed two million dollars. The phishing bill (House Bill 1888) sponsored by Nixon would create penalties for anyone even trying to get personal information from users through false e-mail or spoof websites. It would be a violation of the Consumer Protection Act to attempt to steal Internet users’ information. Under current law, if the phisher actually got a person’s private information, there could be an identity theft claim. It would allow consumers or the Attorney General to seek damages of up to $500 per violation or actual damages if phishers solicit consumers’ information. Internet service providers who are victims may seek up to $5000 or actual damages, and the court can increase the fines by up to three times the amount. “The bipartisan approach to consumer protection helped make the spyware and phishing bills reality,” said Morris. “I appreciate Attorney General Rob McKenna’s support once he settled into his office and backed these Legislative proposals.” The spyware and phishing bills passed unanimously and now head to the governor’s desk for action. (return to top) Nixon: Voters can see where Democrats stand on election reformLegislation passed today fails to resolve issues about voter eligibility, handling of ballotsOlympia (April 15, 2005) -- Rep. Toby Nixon said the flawed election legislation passed early this morning in the House of Representatives falls short of what’s needed to properly address public concerns about Washington’s election system and restore voter trust. “We should be making changes this session – not next session, but now – to prevent a repeat of the general election fiasco,” Nixon said. “The bills passed today reflect the governor’s ridiculous claim that the 2004 general election was a ‘model’. If they become law, the door will remain open to embarrassments like we saw in King County. “Every vote should have a voter, and no eligible voters should be disenfranchised because their votes are canceled out by votes from illegal voters. Apparently that’s too much to ask,” Nixon continued. A majority of House Democrats voted to push their rewrites of Senate Bill 5499 and Senate Bill 5743 through. Nixon said Democrat changes made at the committee level turned the bills upside down, replacing many meaningful provisions with language that fails to resolve a myriad of concerns about voter registration and the handling of ballots. “It is in everyone’s interest to insure that qualified voters are not disenfranchised. It is in all of our interest to restore trust in the election system. And that is why I am dismayed and disappointed that we could not reach agreement on the reasonable, common-sense reforms we proposed today." Nixon said. “The Democrat chair of the House State Government Operations and Accountability Committee said publicly that she expects major election reforms to be implemented over the next two or three years,” added Nixon, who is lead Republican member of that committee. “Why the delay, when the legislation we need is available today? Do the Democrats think waiting is being accountable to the voters? And if these bills are their idea of ‘major reforms,’ watch out.” Republicans offered a series of amendments to each bill, hoping to return safeguards aimed at restoring integrity to the elections system. The amendments included one that simply asked the House to endorse the idea that illegal votes dilute the impact of legal votes, and another which described requiring positive identification and proof of citizenship as paramount to a fair and reliable election. Most were rejected. Nixon said HB 5499 “does some good things related to ballot handling, signature matching, handling of write-in votes, reconciliation, and earlier deadlines for election contests. But it also has inadequate identification requirements at the polls. It would still be possible for someone to register to vote without identification, to vote without identification, and to have their ballot counted without identification." Because the identification requirement is a key element, and because of the weak identification language adopted in the bill, Nixon said he couldn’t support the measure. “Election reform is the defining issue of the legislative session,” said Nixon. “We’ve seen wild overspending and huge tax increases from the Democrats before, but taxes and spending aren’t at the heart of our system of government – voting is. Our amendments gave them the perfect opportunity to do the right thing by the voters. We put the ball in their hands, and they fumbled it. It’s clear now where they stand.” (return to top) Election legislation trickles out of HouseDemocrat majority puts off anticipated evening debate on key billsOlympia (April 13, 2005) -- The House of Representatives adopted four election-related bills Wednesday night but, contrary to Republican expectations, stopped short of debating two major pieces of legislation concerning voter registration, ballot processing and the conduct of elections. “The voters are waiting to see if the Legislature will come through and take the steps needed to address the major concerns about our election system, so people will have reason to have faith in it again. Apparently they’re going to have to wait at least one more day, as the election bills trickle out like uncounted ballots from King County,” said Rep. Toby Nixon, leader of House Republican efforts to adopt election reforms this session. “We were all ready to go tonight on Senate Bill 5499 and Senate Bill 5743, which appear to be our best hopes this session for fixing what’s ailing the elections process in our state. We’ve submitted amendments that would repair the damage done to these bills by the House State Government Operations and Accountability Committee. We’re all set to openly discuss, with our colleagues across the aisle, the need to restore integrity to our state’s election system and defend the rights of eligible voters,” said Nixon, R-Kirkland. “On Thursday we’ll be 95 days into the session. Are the Democrats still trying to decide where they stand on this?” Nixon said the best bill of the group adopted tonight was Senate Bill 5395, which passed by a 95-1 vote. It would require electronic voting devices, which Snohomish and Yakima counties use, to produce a machine-readable, countable paper record. It also would require county auditors to conduct an audit of such “direct recording” electronic voting devices prior to the certification of their respective county election results. “We were reminded by the governor’s election how important a recount can be, and Senate Bill 5395 would require the ‘paper trail’ people want to see. I just hope the passage of this bill doesn’t represent the high-water mark for election reform in this House this session,” Nixon said. The liveliest debate of the evening was on Senate Bill 5034, concerning campaign financing. Nixon and his Republican colleagues argued unsuccessfully that an amendment added at the committee level by Democrats would create a loophole that goes against the spirit of the law created by Initiative 134, Washington’s 1992 campaign finance measure, and a subsequent state Supreme Court decision. The 55 Democrats in the House passed the bill. The other two election measures passed tonight, Senate Bill 5564 and Senate Bill 5565, were non-controversial and received unanimous support. (return to top) Nixon calls on Democrats to defend rights of eligible votersRepublican committee leader readies for major debate on election reform legislationOlympia (April 11, 2005) -- As House Republicans disappointed by the Legislature’s lack of action on election reform prepare to make another push for common-sense election improvements, Rep. Toby Nixon hopes legislative Democrats will support changes that would help prevent voters from being disenfranchised. “Whenever any ballot is included from an ineligible voter, it cancels out the ballot of a legitimate voter, and disenfranchises them just as much as if they had been prevented from voting in the first place. That is not acceptable,” said Nixon, R-Kirkland. “From women’s suffrage to the civil rights movement, the 20th century saw Democrats join Republicans in important debates over the disenfranchisement of different segments of our population. Will the Democrats who speak so often of ‘equal rights’ have strong words this week about the disenfranchisement that occurs when a ballot cast by an ineligible voter cancels out the ballot of a legitimate voter? Are they truly interested in protecting the rights of eligible voters? From what we’ve seen this session, their answer appears to be no, but they have a chance to change that,” Nixon explained. Nixon is lead Republican member of the House State Government Operations and Accountability Committee, which considers election-related bills. The committee’s Democrat majority stripped the meaningful parts out of election reform bills before passing them, so House Republicans will attempt to put teeth back into those measures when they come before the entire House. “We will propose reasonable, common-sense, cost-effective, simple changes to nudge our election system back toward security and integrity. None of our amendments are radical, or extreme, or unconstitutional,” said Nixon. “When we debate these bills and our improvements this week, in the Legislature’s largest forum, we’ll see if the Democrats are going to work with us to ensure equality for voters – or block our suggestions and continue to claim ‘the system isn’t broken’.” Nixon said House Republicans don’t want Washington’s election system to be so complicated or difficult that qualified voters can’t register, or figure out how to vote. But he believes today’s system has become skewed too far in the direction of convenience and speed, and has sacrificed security, integrity, and accuracy. “All we’re asking is that people show that they are qualified voters. That they are citizens of the United States. That they reside in Washington state. That they’re at least 18 years old. That they are alive. That they are not felons, and have not been judged mentally incompetent,” said Nixon. “We’re asking that when they present themselves to vote or mail in their ballot, they be able to show that they are the registered voter they claim to be. We’re asking that everyone have a fair opportunity to vote, and that reasonable security measures be enforced to ensure that no illegal ballots are introduced into the count. That’s it. It’s very simple. But so far the Democrats have flatly said no.” (return to top) Rep. Nixon comments at election reform rally on capitol stepsOlympia (April 11, 2005) -- Rep. Toby Nixon (R-45th District, Kirkland) delivered the following remarks at a rally on the steps of the state capitol today: Voting is the foundation of our form of government. As Thomas Jefferson wrote, governments derive their just powers from the consent of the governed. It is by voting that we give that consent, or withhold that consent. Government that is not legitimately elected is tyranny. That is why we cherish the right to vote. That is why we want every eligible person to register to vote, and to vote, and for their vote to be properly counted. But we also recognize that whenever any ballot is included from an ineligible voter, it cancels out the ballot of a legitimate voter, and disenfranchises them just as much as if they had been prevented from voting in the first place. And that is not acceptable. Any election system involves a careful balance between security and convenience, between integrity and openness, between accuracy and speed. We don’t want to create a system that is so complicated or difficult that qualified voters can’t register, or figure out how to vote. But we believe that our current system is skewed too far in the direction of convenience, openness, and speed, and has sacrificed security, integrity, and accuracy. We have proposed reasonable, common-sense, cost-effective, simple changes to nudge our election system back toward security and integrity. Nothing we have proposed is radical, or extreme, or unconstitutional. And yet the Democrats in the House blocked or stripped those changes from the election reform bills. They say “the system isn’t broken”. They say, “it must be based on trust”. The depth of their denial is astonishing! We say, as did Ronald Reagan, “Trust, but verify!”. All we’re asking is that people show that they are qualified voters. That they are citizens of the United States. That they reside in Washington state. That they’re at least 18 years old. That they are alive. That they are not felons, and have not been judged mentally incompetent. We’re asking that when they present themselves to vote or mail in their ballot, they be able to show that they are the registered voter they claim to be. We’re asking that everyone have a fair opportunity to vote, and that reasonable security measures be enforced to ensure that no illegal ballots are introduced into the count. That’s it. It’s very simple. But the Democrats say “No!”. There have been times in our nation when the question of voter eligibility was a subject of widespread public debate – when we debated the disenfranchisement of a segment of the population. In 1910, the Washington State Constitution was permanently amended to grant women the right to vote. It would be ten years before women in the rest of our country had that right. The middle of the past century brought the civil rights movement. It was about guaranteeing fundamental civil rights, one of which is equality in voting. The federal Voting Rights Act passed in 1965 has to do with who is eligible to vote. Democrats joined Republicans in those important debates. Maybe you’re wondering: where are those Democrats, who speak so often of “equal rights”? Where are their strong words about the disenfranchisement that occurs when a ballot cast by an ineligible voter cancels out the ballot of a legitimate voter? Perhaps you question whether the Democrats are interested in protecting the rights of eligible voters? From what we’ve seen this session, their answer appears – again – to be “No!” Tomorrow or Wednesday, we will debate these bills on the floor of the House. Republicans will once again offer amendments to the bills for these reasonable, common-sense changes. We need your help to convince the Democrats to accept these amendments. Please, when you leave here today, call or email your representatives and senators. Tell them that you want meaningful election reform, now, this year. Thanks very much for your support and for being here today! (return to top) The Olympian: Legislators earn honors for lone end of 97-1 votesBy BRAD SHANNONTHE OLYMPIAN Olympia (March 28, 2005) -- State Rep. Maralyn Chase lost her fight not long ago to prevent further closures of the Fircrest School for the developmentally disabled. The Shoreline Democrat went down in flames, as she would later recall, on a 97-1 vote. Somehow, that tidal wave of legislative opposition didn’t seem quite so bad last week when Chase found a letter and a cute little lapel pin on her House floor desk. The blue-lettered pin said: “97-1.” And a half-serious, half tongue-in-cheek letter from Republican Rep. Toby Nixon of Kirkland welcomed Chase to the Legislature’s newest exclusive group: the “97-1 Club.” “The political courage and outright stubborn resolve demonstrated by your lone ‘No’ vote ... has qualified you for membership in this august organization,” the letter declared. “I hope you will wear the attached lapel pin proudly, and take every opportunity to speak to others about the importance of standing firm on fundamental principles.” Chase put the pin on right away and showed off the letter to others in the House wings. “There are 15 of us,” she told The Olympian proudly. Nixon, a large but gentle lawmaker who has shown a willingness to work across the aisle, said he was just trying to show his admiration for people who stick to their guns -- people like Texas Congressman Ron Paul, who, Nixon said, often ends up casting the lone U.S. House vote on issues of liberty. Nixon said four state House lawmakers had three lone votes to their credit this year: Democratic Reps. Dennis Flannigan of Tacoma and Bob Hasegawa of Seattle and Republican Reps. Shirley Hankins of Richland and Richard DeBolt of Chehalis. “I’m in,” DeBolt joked. “I’m the newest inductee.” DeBolt, whose 20th Legislative District takes in southwest Thurston County, voted on one occasion against letting tribal high school students into a Running Start program at colleges, but he was insistent the vote was because of a voting machine “button malfunction. ... I actually think it’s a good program.” But another time, he voted against a bill that -- at least in his mind, but not in very many others’ -- would have eased drug-seizure laws. “It’s funny because sometimes when you look at bills and you read them, ... it’s just in your personality that it strikes you as not correct,” DeBolt said. Nixon’s pin idea had brewed for some time. It started when the third-term lawmaker was a freshman. He had voted alone against a regulatory bill for audiologists, believing it was really aimed at keeping other people out of the audiologist field, but he got his share of the sideways glances that lone voters often get. “I just finally decided I would go ahead and do it,” Nixon said. “The thing that really brought it to mind for me was seeing Hasegawa voting alone on so many things. He’s a freshman. ... He’s the only freshman who stepped out like that.” Nixon isn’t out of fun. “At the end of session, whoever has the most lone ‘no’ votes, I’m going to give an award to -- the ‘Stubborn as a Mule’ award,” he said. (return to top) California emissions rules wrong for Washington, Nixon says45th District lawmaker says bill won’t make significant difference in air qualityOlympia (March 16, 2005) -- Rep. Toby Nixon says Washington is better off keeping the federal vehicle emissions standards it has instead of switching to blind obedience of California’s rules, as House Bill 1397 would commit the state to do. The measure passed 53-42 Wednesday, over Nixon’s opposition. “Pollution levels are dropping steadily as people retire older vehicles and buy newer ones that have modern emission systems and achieve higher fuel economy,” said Nixon, R-Kirkland. “This bill wouldn’t significantly reduce air pollution in our state below what would be achieved by the federal standards we already have in place.” HB 1397 would adopt California vehicle emissions standards in place of the federal Environmental Protection Agency standards which have been part of the state Clean Air Act since 1991. When California changes its standards, as it has done 49 times since 1990, the changes would automatically apply in Washington, without requiring legislative consent. “Although I was born in California, I have a gut reaction against turning the sovereignty of the people of Washington over to California. Not over to the California State Legislature, and especially not to the rulemaking procedure of a California administrative agency! This bill would chain us to the decisions of the California Air Resources Board, which takes dozens of attempts to get to workable rules and is well known for its frequent changes,” said Nixon, a member of the House Transportation Committee. The House adopted Nixon’s amendment to require the governor to sign off on California’s emissions rules, which is in line with the provisions of House Bill 1276. That bill, passed by the House in January, would require the governor’s signature on Washington agency rules. Nixon’s other amendments, aimed at applying the same rulemaking constraints to the California ARB as apply to rulemaking agencies in Washington, were rejected, making him wonder whether HB 1397 is constitutional. “If we are going to effectively turn rulemaking authority over to the California Air Resources Board, we have an obligation under a Supreme Court decision to insure that the same procedural safeguards exist as with Washington state rulemaking agencies,” Nixon said. “If we fail to do what my amendments would have done, the legislation could be declared unconstitutional by the Supreme Court.” It’s been seven years since Washington has had a “bad air” day – even in the Puget Sound area, which has seen a large increase in population over that period, noted Nixon. “The fact is that our air quality is the best it’s been in decades and continuing to improve. Requiring certain specific technologies, based on a set of rules that are completely outside the control of the people of the state of Washington, is the wrong approach,” Nixon explained. “Making this change in a small state such as Washington is not going to have a measurable impact on air quality, but it will have a significant impact on our economy by driving up the cost of cars. It could even be counter-productive, if it causes people to delay purchasing new vehicles and keep older ones that pollute more.” Nixon believes the U.S. needs to work on decreasing dependence on foreign energy sources, but he doesn’t think HB 1397 is the way to achieve that goal. “I consider myself to be an environmentalist and conservationist, and believe in holding people accountable when they do harm to our environment. I strongly support incentives to encourage movement away from petroleum-based fuels, such as the bills I co-sponsored this year for biodiesel and other alternative fuels,” Nixon said. “I appreciate the spirit of HB 1397, but in the long run – and that’s what we should be focused on – our energy is better spent continuing to work with environmental advocates, researchers and industry to move our state and nation in the right direction.” (return to top) Nixon says look to market, not government, for insurance solutionsBill passed by House is another step toward state-run health care, Kirkland lawmaker addsOlympia (March 16, 2005) -- Government has no business getting into the business of offering insurance coverage to small employers, especially since taxpayers would be underwriting the cost, said Rep. Toby Nixon, who opposed Monday night’s passage of House Bill 2069. “Many of our mom-and-pop, Main Street businesses would provide health care plans to their employees if they were affordable. Allowing state government to become an insurance broker isn’t the way to get there,” Nixon said. Every health insurance plan sold in Washington has to cover 47 different medical services. Nixon said allowing private insurers to offer plans that don’t cover every required service – and are therefore less expensive – would be the best way to meet the demand by small employers for affordable health plans. “There are many ways to make health care and health insurance less expensive, and none of them include having the state acting as an insurer. This bill would be a step in the direction of state-run single-payer health care. Instead we should be giving the private insurers a break from all those restrictions, and keep government from competing with them. The free market will provide the solutions if we can keep the state out of the way,” Nixon said. HB 2069 is among the bills passed March 5 by the House Appropriations Committee without a “fiscal note,” which is an estimate of the cost of implementing the measure. “This bill is a big risk to taxpayers, and I question how much it would benefit small employers. What we should do is allow private insurers more flexibility so they finally could offer employers access to lower-cost, less restrictive health plans,” said Nixon. “If more people are insured through employers, fewer people would need to rely on the Basic Health Plan, and there’s no need for a new government insurance agency. Unfortunately, expanding government and government control seems to be the theme of this session so far.” (return to top) King County Journal: Revised version of ‘Brock’s Bill’ OK’d by HouseBy NOEL S. BRADYJOURNAL REPORTER (Click here for the original article)
Olympia (March 12, 2005) --
A once-again revised “Brock’s Bill,” which would hold State Patrol troopers more accountable when they cause serious traffic accidents, was approved by the state House of Representatives on Friday.
‘Sirita’s Law’ aimed at protecting kids from abusive parentsHouse approves measure prompted by death of former 45th District residentOlympia (March 11, 2005) -- A little girl who once lived with foster parents in Rep. Toby Nixon’s legislative district and was beaten to death in January was remembered Thursday night in the House of Representatives with the unanimous passage of House Bill 2156. The measure, known as “Sirita’s Law,” would take steps to limit the rights of habitually abusive parents and expand foster parents’ rights. “It is only right that we as a state do everything we can to keep families together. But when you get into a situation where parents have repeatedly demonstrated they are unable to undertake the responsibilities of parenthood, where they are abusive, they are neglectful, we have to step in,” said Nixon, R-Kirkland, who co-sponsored the bill. The bill is named for Sirita Sotelo, who died before her fifth birthday, beaten to death in January at the Lake Stevens home of her father and stepmother. Sirita has spent most of her life in and out of foster care, and the state had recently moved her in with her father. HB 2156 would require a judicial hearing on termination of parental rights when a child has been removed from a home three times for abuse or neglect; the problems that caused the child’s removal remained uncorrected after 15 months; and the parent has had no contact with the child for one year. It would also allow foster parents to visit children in the parent’s home, if a judge approves. Nixon said the bill doesn’t automatically take away the rights of parents, but is aimed at making parents who have repeatedly abused or neglected their children prove they are competent. “Sirita’s last foster father lives in my district. After she died, her foster father, who would have been perfectly willing to have her stay with him forever, came to me and asked me, what could we do? He has been a passionate advocate on this issue. Anyone who has met him and has listened to his story about how hard he has worked on this issue cannot help but be moved,” Nixon said. House Bill 2156 now moves to the Senate for consideration. Sirita’s foster father has created a web site in memory of his foster daughter and in support of the bill: http://www.siritalaw.com. (return to top) Brock Loshbaugh Act passed unanimously by HouseBill introduced by Rep. Nixon now heads for Senate, with State Patrol supportOlympia (March 9, 2005) -- The Brock Loshbaugh Act completed the first leg of Washington’s lawmaking process today with a unanimous vote of support by the House of Representatives. Rep. Toby Nixon, prime sponsor of Substitute House Bill 1387, also known as “Brock’s Bill,” told fellow lawmakers the measure is a “very reasonable approach” to changing the way the Washington State Patrol investigates accidents involving troopers. “The legislation we passed today has support not only from the House but from the Washington State Patrol and the family of Brock Loshbaugh, the young man killed when a trooper’s car struck him,” explained Nixon, R-Kirkland. SHB 1387 must be passed by the Senate and signed by the governor to become law. “We started out with legislation that was very detailed, but through the course of working on it with the State Patrol, whose new chief has been on the job less than a month, it has become a framework for making improvements. The new State Patrol chief has committed to filling in the details, and the Legislature will get to review the result later this year,” Nixon said. SHB 1387 would give recently appointed WSP Chief John Batiste and the WSP this spring and summer to draft, review and reform policies and procedures concerning accidents involving troopers. Specifically, it would require the WSP to implement improved communications procedures with victims and family members; develop a policy to include independent supervision of accidents under certain circumstances; and develop policies and terms for its collective bargaining agreements that include a progressive disciplinary process regarding trooper-involved accidents. The measure also would require the WSP to report annually to the Legislature on each accident involving troopers and the resulting discipline or training. Nixon’s legislation also would require the WSP to have its policies and procedures independently reviewed – by an outside organization with expertise in such policies – in time to submit them for legislative review at the Legislature’s September committee assembly. The WSP would then amend its policies and procedures based on input from the House and Senate transportation committees. After the policies and procedures are final, other law enforcement agencies around the state could use them as a model and adopt them for their own use. The bill is named for a Mill Creek man killed when he was struck by a WSP cruiser in February 2002. The subsequent investigation by the State Patrol cleared Trooper Jason Crandall, driver of the cruiser that struck Brock Loshbaugh. Later it was disclosed Crandall had been involved in two collisions prior to February 2002 and three collisions after, and was at fault in five of the six incidents. Dan and Melodee Loshbaugh filed a lawsuit against the State Patrol over the accident that killed their son. Nixon began working with Melodee Loshbaugh in fall 2002 and sponsored legislation related to the case in the 2003 and 2004 legislative sessions. Rep. Ed Murray, chairman of the House Transportation Committee, appointed Nixon and three other committee members to a task force that met several times from July through January. The task force met with WSP officers and studied how traffic accidents involving law enforcement are handled by other agencies. Its work, which included meeting with WSP officers and studying how other law enforcement agencies handle officer-involved accidents, led to House Bill 1387. The House Transportation Committee adopted the substitute language for Nixon’s bill March 5. (return to top) House passes consumer protection bills fighting spyware, phishing and cell phone number directoriesPolicies would crack down on computer crime and protect cell phone user privacyOlympia (March 9, 2005) -- Consumers with computers and cell phones could get new privacy protections from three bills passed unanimously by the House of Representatives today (Mar. 9). The bills strengthen penalties against “spyware” and “phishing,” and restrict the creation of cell phone number directories. Spyware, malicious programs that get installed on computers without the user’s knowledge, represents a growing problem for consumers and businesses. Under House Bill 1012 sponsored by Rep. Jeff Morris (D-Anacortes), chair of the House Technology, Energy and Communications Committee, spyware purveyors would be subject to prosecution under Washington state’s consumer protection laws. “Our job is to ensure that consumers feel secure in the new age of electronic commerce. These bills bring a little law and order to lawlessness and disorder of the internet,” said Morris. The spyware bill would allow penalties of up to $100,000 per violation of the spyware prohibition, up to a maximum of $2 million. Individuals may bring consumer protection lawsuits against companies or people who place spyware on computers. The Attorney General’s office could also sue spyware sources and prohibit future spyware activity from those companies or individuals. Rep. Toby Nixon (R-Kirkland), a sponsor of the anti-spyware bill, introduced a measure that would make it a crime to send out fraudulent e-mails and solicit private information, called “phishing.” It also passed unanimously today in the House. “The scam we know as ‘phishing’ blends the worst qualities of spam e-mail with the risk of financial damage from identity theft. Even the Legislature’s e-mail system gets a large number of these messages daily, trying to trick people into giving up personal information. Phishing is outright fraud, and it’s time to make it a crime,” said Nixon. House Bill 1888 would prohibit anyone from attempting to get personal information from users through false e-mail or spoof websites, and would allow consumers to seek damages of up to $500 per violation or actual damages if the consumers’ information is stolen through phishing. Cell phone users would also get protection from their numbers being listed in a public directory, thanks to House Bill 1185 sponsored by Rep. Dawn Morrell (D-Puyallup). “People deserve control over their own cell-phone numbers and shouldn’t have to pay extra fees to have that control,” said Morrell. “If wireless companies won’t guarantee cell-phone privacy, we need laws that will.” The bill would make it illegal for a wireless service to put any subscriber’s cell-phone number into any phone directory without first obtaining the express consent of the customer. All three bills now move to the Senate for consideration. (return to top) Woodinville Weekly: Proposal could mean more money for school constructionBy JEANETTE KNUTSONSTAFF WRITER (Click here for the original article)
Woodinville (March 7, 2005) --
State Rep. Larry Springer (D-45th District) proposed a change in state law that would result in the state being able to borrow more money than it can now.
King County Journal: Panel backs “Brock Loshbaugh Act”By JOURNAL STAFF(Click here for the original article)
Olympia (March 7, 2005) --
The state House Transportation Committee has unanimously approved proposed legislation known as the Brock Loshbaugh Act, in memory of the Mill Creek man struck and fatally injured by a Washington State Patrol cruiser in 2002.
45th District lawmakers plan Town Hall meetings March 19Kirkland (March 7, 2005) -- Residents of the 45th Legislative District are invited to attend “town hall meetings” in Sammamish and Woodinville on Saturday, March 19. The meetings are open to the public and no reservations are needed. 45th district legislators, including Rep. Toby Nixon, will discuss issues that are before the Legislature -- which is in regular session until April 24 - as well as listen to citizens’ concerns and ideas, and answer questions about state government. The town hall meetings will be in:
For more information or to arrange special accommodations for persons with disabilities, please call Rep. Nixon’s Olympia office at (360) 786-7878. Individuals who are hearing-impaired may call the TTY-TDD legislative hotline at 1-800-635-9993. (return to top) King County Journal: Rural landowners unlikely to get a break this Legislative sessionBy DEAN A. RADFORDJOURNAL REPORTER (Click here for the original article)
Olympia (March 5, 2005) --
A flurry of bills was introduced in the state Legislature this session to ease the burden of critical areas ordinances on rural landowners. Most died in committee.
Nixon bill aimed at expanding state’s sexual misconduct law45th District lawmaker’s legislation would apply to people ‘familiar’ with victim, parentsOlympia (February 28, 2005) -- Washington law covers cases of sexual misconduct against 16- and 17-year-olds in which the perpetrator is a supervisor or a school employee. But the law doesn’t apply if the abuser is someone who simply is familiar with the victim and the victim’s parents – something Rep. Toby Nixon, R-Kirkland, would change through House Bill 2247, introduced today. “The law singles out workplace supervisors and school employees but ignores the possibility that the abuser would be someone who knows the victim from home, as a friend of the family. That’s inconsistent,” Nixon said. “If someone who has a supervisory relationship with the victim or someone employed at the victim’s school can take advantage of that position to initiate sexual contact, why not a trusted neighbor, or a poker buddy of Dad’s, or a business associate of Mom’s?” Nixon’s measure would allow a first-degree sexual misconduct charge to be filed against someone who is “personally known by the victim and a parent or guardian of the victim, and takes advantage of the personal relationship or familiarity” to engage in sexual intercourse with someone aged 16 or 17. First-degree sexual misconduct is a felony; engaging in sexual contact but not intercourse would result in a charge of second-degree sexual misconduct, a gross misdemeanor. Nixon drafted HB 2247 after learning that a teenager in his legislative district had entered into what turned out to be a destructive sexual relationship with someone who was at least five years older – the minimum age difference in the state’s sexual misconduct law – and well acquainted with the teen’s parents. The parents were appalled that no criminal charge was applicable and contacted Nixon. “They couldn’t understand why it’s a crime for a predatory boss or school employee to pressure a 16-year-old into sexual contact, but if a trusted family friend does the same thing, the law basically assumes the victim gave consent. It’s time for that to change,” Nixon said. (return to top) Seattle Post-Intelligencer: Behind the wheel, troopers shouldn’t be above the lawBy THOMAS SHAPLEYSEATTLE POST-INTELLIGENCER COLUMNIST (Click here for the original article)
Olympia (February 27, 2005) --
“We humbly apologize.”
Seattle Post-Intelligencer: Our two states of mindA Cascade split, if not a real possibility, does have real appealBy MIKE LEWIS SEATTLE POST-INTELLIGENCER REPORTER (Click here for the original article)
Seattle (February 26, 2005) --
While it’s generally agreed that no man is an island, the notion of being an independent state holds a certain appeal these days to Justin Patterson -- maybe not by himself, but with a collection of like-minded people.
Seattle Post-Intelligencer: Homeless deserve safe dwellingsBy TOBY NIXONSTATE REPRESENTATIVE (Click here for the original article)
Olympia (February 25, 2005) --
I’ve followed the evolution and relocation of King County’s tent cities with great interest because I represent part of the county in the Legislature and because I have something in common with the Tent City residents: I know what it’s like to be homeless.
KPLU: WSP Chief Apologizes to Lawmakers for Threatening EmailsBy AUSTIN JENKINSOLYMPIA CORRESPONDENT (Click here for the original article) (Click here to listen to the recorded broadcast)
Olympia (February 25, 2005) --
The Chief of the Washington State Patrol is apologizing to state lawmakers. The issue: threatening emails sent by troopers over proposed legislation. Olympia Correspondent Austin Jenkins explains. [1:01 SOQ]
King County Journal: Revised bill holds all officers accountable for traffic wrecksLaw enforcement officials argue that they’re capable of policing themselvesBy NOEL S. BRADY JOURNAL REPORTER (Click here for the original article)
Bellevue (February 24, 2005) --
Proposed revisions to state legislation known as “Brock’s Bill” would include all law enforcement officers in a set of new laws and policies that originally was drafted to hold only State Patrol troopers more accountable for causing traffic accidents.
King County Journal: Our View: Bills to form new counties need attention(Click here for the original article)
Bellevue (February 24, 2005) --
The topic of creating new counties in our state will be considered by legislators in Olympia today. They should give it the attention it deserves.
King County Journal: A county without SeattleBy DEAN A. RADFORDJOURNAL REPORTER (Click here for the original article)
Olympia (February 23, 2005) --
The divorce between Seattle and everyone else in King County could become final if the state Legislature adopts a bill to create Cascade County.
King County minus Seattle would equal ‘Cascade County’ under Nixon billRelated measure set for House committee hearing at 1:30 p.m. ThursdayOlympia (February 22, 2005) -- Last month Rep. Toby Nixon introduced legislation that would clearly establish the process for creating a new county. Now Nixon, R-Kirkland, has taken the next step: House Bill 2074, which would turn all of King County outside the Seattle city limits into “Cascade County.” “I introduced House Bill 1500 and House Joint Resolution 4204 in January to give citizens access to the legal tools needed to create a new county. The Cascade County bill shows how those new tools could be put to use,” said Nixon. “But I didn’t introduce this bill for demonstration purposes only. This is serious legislation, because it’s time to have a serious debate about the future of the relationship between Seattle and the people who live around it.” Nixon’s bill points out that King County’s population of more than 1.7 million exceeds that of 12 other states, and that its size permits it to have influence over state issues to the detriment of Washington’s other 38 counties. Dividing King County would be in the interest of the entire state and in the interest of providing better service to its residents, according to HB 2074. Nixon believes it should appeal to Seattle residents as well. “We’ve heard the argument that King County is just too big to be managed effectively. And we know people in rural King County are tired of feeling like their lives are dictated by Seattle,” Nixon explained. “But looking at it from the other side, wouldn’t Seattle jump at the chance to cut the rest of King County loose? No more hearing us complain about Seattle imposing land-use rules on us, no more of our voting against light rail – just think of what Seattle could become if it didn’t have us interfering in its plans, holding it back. It could spend its tax money however it likes and make whatever laws suit its priorities.” Nixon’s bill would add a chapter to the state law on counties. It would explain the process of creating Cascade County by petition, specifically provide for the division of assets, liabilities, real property and equipment between King County and Cascade County, and covers other details from the transfer of records from King County to the election of interim county officers. HB 1500, which would establish the process for creating new counties – the process employed in HB 2074 – will have a public hearing Thursday in the House Local Government Committee. The committee, which meets at 1:30 Thursday, is chaired by Rep. Geoff Simpson, whose legislative district includes Kent, the proposed interim seat of Cascade County. Nixon’s Cascade County legislation also would encourage the portion of King County within the Seattle limits to form a city-county government like those in Honolulu, San Francisco and Denver. With a 2000 census of 563,376, a combined city-county of Seattle still would rank fourth in population, between Snohomish and Spokane counties. The new Cascade County would have some 1.17 million residents, based on the 2000 figures, about a half-million more than second-largest Pierce County. (return to top) Seattle Post-Intelligencer: Lawmakers want to protect consumer privacyBy KELLY KEARSLEYASSOCIATED PRESS WRITER (Click here for the original article)
Olympia (February 17, 2005) --
People fed up with e-mail scams, devious computer “spyware” and even unwanted calls on their cell phones may soon have a reason to thank the Legislature.
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