State legislature to expand housing problems

SB 5600 substantially changes the Residential Landlord-Tenant relationship in Washington State to a point where the tenant will have many new and unsustainable advantages over the landlord. This is presented as philosophically addressing supposed “economic injustice” between the landlord and the tenant. SB5600 will actually create a destruction of small landlord owned housing in favor of the mega-developer owned landlord housing.

SB 5600 will:

Extends the 3-day notice to pay and vacate for default in rent payment to 14 days notice for tenancies under the Residential Landlord-Tenant Act.

1. The 3 day pay up or vacate order is customarily issued when the rent is already 5 days late. Otherwise, the rent is current, and the order would have no standing. (It wouldn't make any sense either. A landlord rents to the tenant to get income, not to be mean and nasty).

==> Ask yourself who is most affected by this? The small landlord who has to have the rent to meet his rental expenses will be hurt when the rent does not come in on time.   The mega landlord will be more able to endure the 2 week, state sponsored, screw ups.

2. Creates a uniform 14-day notice to pay and vacate that includes information on how tenants can access legal and advocacy resources.

==> This is also designed to favor the mega-landlord, and hurt the small family operation.

3. Requires the Attorney General's Office to provide translated versions of the uniform 14-day notice on its website in at least the top 10 languages used in the state.

==> Top 10 languages? Maybe we should make an effort to speak the same language? If the tenant and the landlord cannot communicate directly, how will they inform each other of problems with the property? Perhaps this one should be stretched farther to include days when the AG would furnish a free translation services?

4. Requires a landlord to first apply any tenant payment to rent before applying the payment toward other charges.

==> This is abusive on the face of it. If the landlord has any claim against a tenant, this section would apply any claim to the rent. Example: If a tenant has a friend over who breaks the toilet bowl, the $400 or so would be applied to rent. The legislature is flatly immoral if they pass this one

5. Requires a tenant to pay into court or to the landlord upon judgment for default in the payment of rent within five court days any rent due, any court costs incurred at the time of payment, late fees that may not exceed $75 in total, and attorneys' fees if awarded, to be restored to his or her tenancy.

==> This is overbearing regulation: It requires the tenant and landlord who have not gotten along to restore their tenant landlord relationship. A grown up solution is to let the tenant and landlord go their separate ways.

6. Provides requirements and limitations on the award of attorneys' fees under unlawfuldetainer actions, based on the amount of rent awarded in the judgment and on whether the tenant or landlord prevails at a hearing where judicial discretion is exercised.

==> Considering that judicial discretion is traditionally on the side of the tenant (with or without cause), this is designed to destroy small landlords and enrich lawyers.

7. Provides the court with discretion to provide relief from forfeiture or to stay a writ of restitution based upon the required consideration of certain factors and with the burden of proof for relief on the tenant.

==> This means “Legalize that a tenant does not have to pay if it would be uncomfortable for the tenant to do so.”  Fleece the landlord.

8. Expands eligibility of the Landlord Mitigation Program to include landlord claims for reimbursement in unlawful detainer cases where judicial discretion is exercised and there is an unpaid judgment for rent, late fees, attorneys' fees, and costs.

==> Landlords will have to file claims with this state agency to pay for damage or costs the tenant incurs. This will affect all taxpayers in the state who eventually foot the bill. Because of the extra complications this will also make it difficult for small landlords to operate with the extra cost and delay.

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March 19 -- SB 5600 is scheduled for public hearing in the House Committee on Civil Rights & Judiciary in Olympia at 10:00 AM (Subject to change).  (Committee Materials)

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Thanks to the sloppy drafting of this act, some of these changes cannot be applied to existing RLT contracts.  Washington State's constitution does not allow the Legislature to alter existing contracts (Article 1, Section 23).  However, the Legislature may alter court proceeding.

 

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I like small time landlords; most of them want to serve the people and make a reasonable living at it.  They've had to make a substantial commitment of their life's savings to do it.  If you are having trouble with your landlord, please try talking with him/her first.  Keep it on human talking with another human level.  Don't set the State Operated Big Machine chewing on someone until you can see the human being.

Legislative update

by WA 12th District Rep. Keith Goehner

Low Carbon Fuel

The low carbon fuel standard (LCFS) legislation came before us in the House Transportation Committee.

House Bill 1110 would direct the Department of Ecology to adopt, by rule, standards to reduce the greenhouse gas emissions per unit of fuel energy in transportation fuels over time. This is modeled after California's LCFS.

The California Energy Commission reported that 16 cents has been added to a gallon of fuel due to its LCFS program. This number is expected to increase as the program is fully implemented.

I voted against this measure in committee. It lacks transparency, would not significantly improve the environment and does not generate any new funding for our transportation infrastructure. It would also cost $1.8 million to administer.

Presidential primary

One of our more lively debates of the session has been on the presidential primary, Senate Bill 5273. The bill moves Washington's presidential primary vote to the second Tuesday in March from late May with the hope of Washington state being more relevant in the selection of the presidential candidates.

However, I believe the legislation disenfranchises voters. Washingtonians who do not declare a party preference would not be able to participate in the state's presidential primary. Republicans offered several amendments to allow voters to participate without declaring a party preference or casting a vote as an unaffiliated voter. All were defeated.

Voters in Washington state like their independence. Some estimate we could see up to 1 million voters decide not to participate in the primary because of having to choose a party. Their vote, along with their party selection would also be public and the political parties would be able to use that information in preparation for future elections. Many of our concerns can be found in a Seattle Times column: 'Highway robbery': How our presidential primary is also a marketing scheme, run through your ballot. The bill passed the House 54-42, with all Republicans and one Democrat voting “no.” It had already passed the Senate and is awaiting the governor's signature.

Excerpted from Rep. Keith Goehner newsletter.

Eliminating the convenient plastic bag....

SB 5323 "Reducing pollution from plastic bags" will probably be enacted soon.  There is no mechanism in 5323 to reduce pollution, other than the knee jerk reaction of cutting off what the elite Left have deemed the offender.  Littering will continue.  Without plastic bags, the littering will get worse.

The official list of intention:

• Restrict the provision of single-use plastic carryout bags by retail establishments.

• Authorizes retail establishments to provide recycled content paper carryout bags and reusable bags made of film plastic that meet minimum performance and technical specifications, and establishes a per bag charge to be collected and retained by the retail establishment for those bags. 

• Establishes restrictions related to the labeling of bags as "compostable."

• Preempts local governments from establishing local carryout bag ordinances.

Plastic has long been established as a safe alternative to paper.  Littering has long been treated as a minor crime.  Now plastic bags are the crime.  What about littering?

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Most conscientious people already have other uses for 'used' plastic carry out bags...  trash can liners... dog poop collection... simple disposal of trash.  But that is all intercepted now with a legislative middle finger.  Its never a good move not to trust the people to manage their own affairs.

Inslee and the left to income tax you

Washington State presently has no income tax.  Just keep in mind, vote for the Left and soon you your income will be taxed.
  
Washington state voters have rejected an income tax everytime it’s been brought up for a vote. After ten ballot failures, it is pretty clear Washington citizens don't want to be taxed on income.  Senate Democrats have decided to screw the people and waged a disinformation campaign.

Enter the  Democrats' favorite new tax, the capital gains income tax…or if when you ask Leftists, they call it "tax justice" capital gains tax. In order to cover up their intentions Democrats try to sell voters the myth that a tax on capital gains isn’t really an income tax, but an “excise” tax.

That simply isn’t true.

The Internal Revenue Service (IRS), every state revenue department in the country, or anyone familiar with tax policy. There is no debate, a capital gains tax is an income tax.


This isn’t about putting more money into education or fixing our state’s mental health system -- there is plenty of existing revenue to do both.  This is simply a political game being played by Senate Democrats to enact the shared dream of Soviets like Sawant and Seattle fiberals: a statewide income tax.


Senate Democrats want an income tax.  No Income Tax in Washington

Tax on Rent?

Yep, if Senate Bill 5228 is enacted.  It has cleared the Senate, and there is no reason to think tax greedy Olympia won't go all the way with this one.  Adding tax to rent is the most predatory tax the Democrats have ever come up with. They will spend the millions they collect on what they want, and bleat they are doing work for the people.  I think the people would like better lives, not more taxes.

This tax stinks so badly, I'm just going to use the official digest description.  "[SB 5228] Authorizes a city or town, located in a county with a population of less than four hundred thousand, to impose a special excise tax on the sale of lodging."

SB 5228 can collect tax on nursing homes (court case link).  

Woodenheads ban the plastic bag

SB 5323 Prohibit retailers from using single-use plastic, or a reusable plastic bag made of film plastic that does not meet recycled content requirements.  Retailers will be required to charge for giving out paper bags!  It goes on. See the 5323 digest, and the bill's homepage. 

Notice there is no special exemption of biodegradable plastics, such as for polylactic acid (PLA), a plastic made from corn.  So another point of 5323 is to shut down allowed scientific development in plastic with a closed mind. 

About paper bags:  Under the terms of 5323, you will pay 8 cents per paper bag.  Or you can bring your own reusable bag to the store.  If you got the reusable bag route, please keep your bag clean, or else you pass around your own private collection of dirt.  On second thought, you can hope everyone else keeps their bags clean.

The Senate should have known stores don't give us free plastic bags for their convenience.  Single use bags are widely accepted because they are single use.  If the store stays cleaner, everyone stays healthier.

Gov. Enslee is expected to sign this arrogant stupidity.

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The Legislature also is cooking up another plastic ban: SB 5397 will impose new restriction on plastic packaging, like what your peanut butter comes in.  There is no test for consumer safety, such as the safety of plastic jugs for consumer laundry bleach.  The legislature calls this "responsible plastic packaging." 

The Senate's actions make our lives more complicated, expensive, and dangerous to live, thus reduce our living.  That unveils that the Legislature is only trying to establish they rule the "little people" of the state.

Gun control legislation moves ahead in Olympia

A number of gun control bills are moving to the Washington state Senate floor after advancing from committee before the deadline and could be considered at any moment.  Please contact your state Senator and urge them to OPPOSE Senate Bills 5062, 5174, 5434, 5143, 5027, 5745, and 5181. 

Click on this link to take action. 

The Substitute to Senate Bill 5062, sponsored by Senator Patty Kuderer (D-48), was filed at the request of Attorney General Bob Ferguson.  It would ban the possession of ammunition magazines with a capacity greater than 10, encompassing most standard capacity magazines commonly used by law-abiding citizens, such as with handguns popular for self-defense.  Those who own non-compliant magazines prior to the ban would only be allowed to possess them on their own property and in other limited instances such as at licensed shooting ranges and nationally sanctioned sport shooting events.  These magazines would have to be transported unloaded and locked separately from firearms and stored at home locked, making them unavailable for self-defense.

Senate Bill 5174, sponsored by Senator Guy Palumbo (D-1), would increase the government red tape that law-abiding adults must go through in order to obtain a Concealed Pistol License by requiring a mandatory training course. 

The Substitute to Senate Bill 5434, sponsored by Senator Claire Wilson (D-30), would increase the areas where law-abiding citizens are prohibited from possessing firearms, including holders of a Concealed Pistol License (CPL) carrying a handgun for self-defense.  It would allow local governments to make public parks and recreational facilities into “gun-free zones” where law-abiding citizens would be unable to defend themselves and their loved ones against criminals who simply ignore such arbitrary boundaries.  In addition, it would mandate that child care facilities be “gun-free zones” and post signs indicating so.

Senate Bill 5143, sponsored by Senator Manka Dhingra (D-45), would require law-enforcement to seize firearms and ammunition when they are called to the scene of an alleged domestic violence incident and hold them for at least five business days.  This would result in property being confiscated without first going through due process and subjecting citizens to bureaucratic red tape to get their property returned. 

Senate Bill 5027, sponsored by Senator David Frockt (D-46), would expand Washington’s existing Extreme Risk Protection Orders (ERPO).  It would affirm that the ERPO can be issued against minors while also infringing upon the self-defense rights of law-abiding parents or others in the household without due process.  

Senate Bill 5745, sponsored by Senator Marko Liias (D-21), would expand Washington’s existing Extreme Risk Protection Orders (ERPO) to allow Second Amendment rights to be suspended for individuals alleged to make certain threats by third party accusers with little, if any, real evidence and limited “due process” for the respondent.  

Hearings for the orders would be ex parte, where the respondent would not be present to challenge the accuser and defend against allegations made against them.  The issuance of an order would immediately prohibit the respondent from exercising their Second Amendment rights.  The Right to Keep and Bear Arms should not be treated as a second-class right and should only be restricted consistent with the constitutional requirements of due process.

Liias is from the Dark Ages. This act alone violates more civil rights than the rest of the malicious acts Olympia is considering. 

Senate Bill 5181, sponsored by Senator Kuderer, would suspend Second Amendment rights without due process for six months from individuals who are admitted for a 72-hour mental health evaluation, but who are not subsequently involuntarily committed.

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Click on this link to take action.  The NRA must collect your name and email in order to operate the link.  They won't bother you unless you sign up. 

 

New gun control moves in the legislature

The phony liberal tyrants move more firmly against the people.

Senate Bill 5745, sponsored by Senator Marko Liias (D-21), would expand Washington’s existing Extreme Risk Protection Orders (ERPO) to allow Second Amendment rights to be suspended for individuals alleged to make certain threats by third party accusers with little, if any, real evidence and limited “due process” for the respondent.  

Hearings for the orders would be ex parte, where the respondent would not be present to challenge the accuser and defend against allegations made against them.  The issuance of an order would immediately prohibit the respondent from exercising their Second Amendment rights.  The Right to Keep and Bear Arms should not be treated as a second-class right and should only be restricted consistent with the constitutional requirements of due process.

Senate Bill 5434, sponsored by Senator Claire Wilson (D-30), would increase the areas where law-abiding citizens are prohibited from possessing firearms, including holders of a Concealed Pistol License (CPL) carrying a handgun for self-defense.  It would turn child care facilities, libraries, public parks, and recreational facilities into “gun-free zones” where law-abiding citizens would be unable to defend themselves and their loved ones against criminals who simply ignore such arbitrary boundaries.  In addition, child care facilities would be required to post a “Gun-Free Zone” sign.

Please contact committee members and urge them to OPPOSE Senate Bills 5745 and 5434

The Legislative Week in Preview

New bill looks to clear path for state universal health care

Senate Democrats took an early step in setting our state on a path toward socialized medicine last week. Democrats introduced legislation to commission a workgroup tasked with studying a universal health care system that included a taxpayer funded option. Some Senate Democrats have even said Gov. Inslee’s public option doesn’t go far enough.

The Democrats join the dogpile.  The tax burden for state run health care is expected to be crushing. The irresistible lure of power over our paltry lives proves too much for the "Democratic" gang in the Legislature.  As a bonus to goose-stepping leftists, we the People lose our right to chose with whom we associate when we need health care.

State AG threatens legal action over Trump emergency declaration

Because campaigning never stops for Bob Ferguson, the state Attorney General announced he was planning to sue the President yet again. Ferguson said he would consider legal action should President Trump declare a state of emergency – which happened on Friday. “If Washington is harmed, my office will take appropriate steps to block this unlawful action, just as we’ve blocked more than a dozen illegal and unconstitutional policies of this president,” Ferguson said.

Fergone seems to think guarding the national border is not a suitable role for the President. 

Washington attorney general fires back at sheriffs over I-1639 enforcement

Taking a rare break from campaigning, Ferguson wrote that county sheriffs refusing to enforce Washington new gun laws could be liable. “The taxpayers of your city or county assume the financial risk of your decision to impose your personal views over the law,” he wrote. So far twelve sheriffs have said they would not have said they would not enforce the new gun regulation law passed last year by voters. 

We should note that Ferguson is happy to remain silent when it comes to the illegality of heroin injection sites.

Amazon: Canceled New York jobs likely to go elsewhere; company will ‘continue to evaluate’ growth in Seattle

Far left policies have serious economic consequences and the people of New York experienced that first hand last week when Amazon announced they would no longer move forward with bringing 25,000 jobs to NYC  ---  Thousands of good paying jobs lost because of liberal politics. 

“I believe the head tax debate here in Seattle had a little something to do with laying the foundation for these conversations that happened in New York,” said Seattle Councilmember Lisa Herbold. To top it all off, Amazon announced they have no near term plan for future growth in Seattle.

Stupid plastic bag ban

Talk about overreach.  Now Washington State is going to be just like California, no matter how stupidly.  In the Legislature's bill digest we find the following:

SB 5323 Would prohibit- a retail establishment from:

(1) Providing to a customer or a person at an event:
    (a) A single-use plastic carryout  bag;  or
    (b)  a  paper  carryout  bag  or  reusable carryout bag made of film plastic that does not meet recycled content requirements; and

(2)  Using  or  providing  certain  polyethylene  or  other noncompostable plastic bags.Authorizes a retail establishment to provide a reusable carryout bag or a recycled content paper carryout bag of any size to a customer at the point of sale.

SB 5323 Would require  a  retail  establishment  to  collect  a  pass-through charge of not less than ten cents for every recycled content paper carryout bag or reusable carryout bag made of film plastic it provides.

SB 5323 Would prohibit a city, town, county, or municipal corporation from implementing a local carryout bag ordinance.

SB 5323 Would provide that this act is null and void if appropriations are not approved.  Feh.