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BILL · 2021–22 SESSION · LATEST VERSION ESSB 5096

SB 5096: Capital gains tax

Enacting an excise tax on gains from the sale or exchange of certain capital assets. (REVISED FOR ENGROSSED: Investing in Washington families and creating a more progressive tax system in Washington by enacting an excise tax on the sale or exchange of certain capital assets. )

Summary

Imposes a 7 percent tax on Washington capital gains realized from the sale of long-term assets.

From the Engrossed Substitute House Bill Report (ESSB 5096), written by the Legislature's nonpartisan staff. Read the full report ↗

Enacted Enacted · Chapter 196, Laws of 2021

IntroducedJan 11, 2021
Out of committeeFeb 18, 2021
Passed SenateMar 6, 2021
Passed HouseApr 21, 2021
GovernorMay 4, 2021
LawMay 4, 2021

Prime sponsor: June Robinson (D-38)
Introduced: January 11, 2021 in the Senate
Last action: May 4, 2021
Session law: Chapter 196, Laws of 2021
Requested by: State agency
Budget: Has a fiscal note
Versions: SB 5096, ESSB 5096

AN ACT Relating to enacting an excise tax on gains from the sale or exchange of certain capital assets;

Sponsors

Prime sponsor: June Robinson (D-38)

3 co-sponsors (3 Democrats, 0 Republicans)

Senator D-22 Joe Nguyen D-34 Claire Wilson D-30

Votes

Senate · 3rd Reading & Final Passage

Passed March 6, 2021

Version voted on: ESSB 5096

25 Yea 24 Nay 0 Absent 0 Excused

Party	Yea	Nay	Absent	Excused
Democrat	25	4	0	0
Republican	0	20	0	0

How each member voted

Yea (25)

Nay (24)

Permalink to this vote

House · Final Passage as Amended by the House

Passed April 21, 2021

Version voted on: ESSB 5096

53 Yea 45 Nay 0 Absent 0 Excused

Party	Yea	Nay	Absent	Excused
Democrat	52	5	0	0
Republican	1	40	0	0

How each member voted

Yea (53)

Nay (45)

Permalink to this vote

House · Final Passage As Amended by the House on Reconsideration

Passed April 21, 2021

Version voted on: ESSB 5096

52 Yea 46 Nay 0 Absent 0 Excused

Party	Yea	Nay	Absent	Excused
Democrat	52	5	0	0
Republican	0	41	0	0

How each member voted

Yea (52)

Nay (46)

Permalink to this vote

House · Final Passage as recommended by the Conference Committee

Passed April 24, 2021

Version voted on: ESSB 5096

52 Yea 44 Nay 0 Absent 2 Excused

Party	Yea	Nay	Absent	Excused
Democrat	52	5	0	0
Republican	0	39	0	2

How each member voted

Yea (52)

Nay (44)

Excused (2)

Joel McEntire R-19
Eric Robertson R-31

Permalink to this vote

Senate · Final Passage as Recommended by Conference Committee

Passed April 25, 2021

Version voted on: ESSB 5096

25 Yea 24 Nay 0 Absent 0 Excused

Party	Yea	Nay	Absent	Excused
Democrat	25	4	0	0
Republican	0	20	0	0

How each member voted

Yea (25)

Nay (24)

Permalink to this vote

10 other recorded votes (amendments, procedural motions)

Senate · Amendment 426 by Wilson, L. (page 6, line 23)

March 6, 2021

Version voted on: ESSB 5096

23 Yea 26 Nay 0 Absent 0 Excused

Party	Yea	Nay	Absent	Excused
Democrat	3	26	0	0
Republican	20	0	0	0

How each member voted

Yea (23)

Nay (26)

Permalink to this vote

Senate · Amendment 402 by Rivers (page 7, line 37)

March 6, 2021

Version voted on: ESSB 5096

24 Yea 25 Nay 0 Absent 0 Excused

Party	Yea	Nay	Absent	Excused
Democrat	4	25	0	0
Republican	20	0	0	0

How each member voted

Yea (24)

Nay (25)

Permalink to this vote

House · Amendment 726 by Chase (page 1, line 23)

April 20, 2021

Version voted on: ESSB 5096

42 Yea 54 Nay 0 Absent 2 Excused

Party	Yea	Nay	Absent	Excused
Democrat	3	53	0	1
Republican	39	1	0	1

How each member voted

Yea (42)

Nay (54)

Excused (2)

April Berg D-44
Dan Griffey R-35

Permalink to this vote

House · Amendment 745 by Stokesbary (page 3, line 5)

April 20, 2021

Version voted on: ESSB 5096

45 Yea 53 Nay 0 Absent 0 Excused

Party	Yea	Nay	Absent	Excused
Democrat	4	53	0	0
Republican	41	0	0	0

How each member voted

Yea (45)

Nay (53)

Permalink to this vote

House · Amendment 739 by Young (page 4, line 2)

April 20, 2021

Version voted on: ESSB 5096

45 Yea 53 Nay 0 Absent 0 Excused

Party	Yea	Nay	Absent	Excused
Democrat	4	53	0	0
Republican	41	0	0	0

How each member voted

Yea (45)

Nay (53)

Permalink to this vote

House · Amendment 734 by Orcutt (page 4, line 10)

April 20, 2021

Version voted on: ESSB 5096

48 Yea 50 Nay 0 Absent 0 Excused

Party	Yea	Nay	Absent	Excused
Democrat	7	50	0	0
Republican	41	0	0	0

How each member voted

Yea (48)

Nay (50)

Permalink to this vote

House · Amendment 740 by Orcutt (page 4, line 10)

April 20, 2021

Version voted on: ESSB 5096

47 Yea 51 Nay 0 Absent 0 Excused

Party	Yea	Nay	Absent	Excused
Democrat	6	51	0	0
Republican	41	0	0	0

How each member voted

Yea (47)

Nay (51)

Permalink to this vote

House · Amendment 744 by Vick (page 7, line 30)

April 20, 2021

Version voted on: ESSB 5096

44 Yea 54 Nay 0 Absent 0 Excused

Party	Yea	Nay	Absent	Excused
Democrat	3	54	0	0
Republican	41	0	0	0

How each member voted

Yea (44)

Nay (54)

Permalink to this vote

House · Amendment 742 by Vick (page 9, line 11)

April 20, 2021

Version voted on: ESSB 5096

44 Yea 54 Nay 0 Absent 0 Excused

Party	Yea	Nay	Absent	Excused
Democrat	3	54	0	0
Republican	41	0	0	0

How each member voted

Yea (44)

Nay (54)

Permalink to this vote

House · Amendment 743 by Vick (page 9, line 11)

April 20, 2021

Version voted on: ESSB 5096

44 Yea 54 Nay 0 Absent 0 Excused

Party	Yea	Nay	Absent	Excused
Democrat	3	54	0	0
Republican	41	0	0	0

How each member voted

Yea (44)

Nay (54)

Permalink to this vote

History

May 4, 2021Effective date 7/25/2021. (ESSB 5096)
May 4, 2021Chapter 196, 2021 Laws. (ESSB 5096)
May 4, 2021Governor signed. (ESSB 5096)
Apr 26, 2021Delivered to Governor. (ESSB 5096)
Apr 25, 2021President signed. (ESSB 5096)
Apr 25, 2021Speaker signed. (ESSB 5096)
Apr 25, 2021Passed final passage as recommended by conference committee; yeas, 25; nays, 24; absent, 0; excused, 0. (ESSB 5096)
Apr 25, 2021Conference committee report adopted. (ESSB 5096)
Apr 24, 2021Passed final passage as recommended by conference committee; yeas, 52; nays, 44; absent, 0; excused, 2. (ESSB 5096)
Apr 24, 2021Conference committee report adopted. (ESSB 5096)
Apr 23, 2021Signed by Representatives Frame, Sullivan; Senators Pedersen, Robinson. (ESSB 5096)
Apr 23, 2021Conference committee report; received 8:15 PM 4/23/2021. (ESSB 5096)
Apr 23, 2021Conference committee report; received 7:27 PM 4/23/2021. (ESSB 5096)
Apr 23, 2021Conference committee appointed. Representatives Frame, Orcutt, Sullivan. (ESSB 5096)
Apr 23, 2021Conference committee request granted. (ESSB 5096)
Apr 22, 2021Conference committee appointed. Senators Robinson, Pedersen, Wilson, L.. (ESSB 5096)
Apr 22, 2021Senate refuses to concur in House amendments. Asks House for conference thereon. (ESSB 5096)
Apr 21, 2021Third reading, passed; yeas, 52; nays, 46; absent, 0; excused, 0. (ESSB 5096)
Apr 21, 2021Vote on third reading will be reconsidered. (ESSB 5096)
Apr 21, 2021Third reading, passed; yeas, 53; nays, 45; absent, 0; excused, 0. (ESSB 5096)
Apr 20, 2021Rules suspended. Placed on Third Reading. (ESSB 5096)
Apr 20, 2021Committee amendment(s) adopted as amended. (ESSB 5096)
Apr 20, 2021Amendment ruled beyond the scope and object of the bill. (ESSB 5096)
Apr 19, 2021Placed on second reading. (ESSB 5096)
Apr 16, 2021FIN - Executive action taken by committee. (ESSB 5096)
Apr 16, 2021Minority; do not pass. (ESSB 5096)
Apr 16, 2021FIN - Majority; do pass with amendment(s). (ESSB 5096)
Mar 9, 2021First reading, referred to Finance. (ESSB 5096)
Mar 6, 2021Rules suspended. Placed on Third Reading. (ESSB 5096)
Mar 6, 2021Floor amendment(s) adopted. (ESSB 5096)
Mar 6, 2021Third reading, passed; yeas, 25; nays, 24; absent, 0; excused, 0. (ESSB 5096)
Mar 6, 20211st substitute bill substituted. (ESSB 5096)
Mar 6, 20211st substitute bill substituted.
Mar 3, 2021Placed on second reading by Rules Committee. (ESSB 5096)
Mar 3, 2021Placed on second reading by Rules Committee.
Feb 18, 2021Passed to Rules Committee for second reading. (ESSB 5096)
Feb 18, 2021Passed to Rules Committee for second reading.
Feb 16, 2021WM - Majority; 1st substitute bill be substituted, do pass. (ESSB 5096)
Feb 16, 2021Minority; without recommendation. (ESSB 5096)
Feb 16, 2021Minority; do not pass. (ESSB 5096)
Feb 16, 2021Minority; do not pass.
Feb 16, 2021Minority; without recommendation.
Feb 16, 2021WM - Majority; 1st substitute bill be substituted, do pass.
Jan 11, 2021First reading, referred to Ways & Means.
Jan 6, 2021Prefiled for introduction.

SB 5096 in other sessions

Bill numbers restart every two years, so the same number is a different bill in each session.

SB 5096 (2025–26) Natural death act/pregnancy · Did not pass · died in committee
SB 5096 (2023–24) Employee ownership · Enacted · Chapter 392, Laws of 2023
SB 5096 (2019–20) Foster parent case aides · Did not pass · passed Senate, stalled in House
SB 5096 (2017–18) Transport. budget 2017-2019 · Enacted with partial veto · Chapter 313, Laws of 2017
SB 5096 (2015–16) Capital sup budget 2015 · Did not pass · died in committee
SB 5096 (2013–14) Ferry & flood c.z. districts · Did not pass · died in committee
SB 5096 (2011–12) Western climate initiative · Did not pass · died in committee
SB 5096 (2009–10) Mailed polit advert archives · Did not pass · stalled on the Senate floor

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