The Washington State Senate passed Senate Bill 5096 that seeks to create a state income tax on capital gains.

12th District Senator Brad Hawkins voted against the bill saying, " In the past, the Senate has been a helpful backstop against new tax proposals. In years past, either Republican senators or a few conservative Democrats helped block the income tax. I’m afraid that today’s 25 to 24 vote shows that the once-strong Senate firewall sadly no longer exists to protect Washington citizens from awful taxation. It’s really disheartening."

The bill passed 25-24 along party lines.

As far as a legal challenge goes, Hawkins was also dubious.

"With the state Supreme Court’s recent McCleary decision on education, Hirst decisionon water use, Sakuma decision on agricultural wages, Blake case on drug possession, as well as most other recent tax reduction and wage issues, the current court has shown a real interest in co-opting legislative branch responsibilities to authorize policies and increase state revenues. I have growing doubts that this particular court will strike down any state income tax law as unconstitutional, if one comes before it."

Senate Bill 5096 now goes to the House of Representatives for further consideration.

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