Braun: The value of ‘killing’ bad legislation in state Legislature

Posted

The use of “kill” for efforts to stop legislation goes back to at least 1910. That’s when future President Calvin Coolidge, then a Republican state representative in Massachusetts, wrote to his father that it is “much more important to kill bad bills than to pass good ones.”

Killing bad bills means fewer bad laws, and a less intrusive government, which conservatives prefer. When you’re on the minority side of the state Senate chamber, and don’t control the agenda, stopping bad legislation is especially important.

With the 2025 session over for more than a month, and the final bill-signing ceremony behind us, let’s run through several of the wrong-headed proposals that were opposed by Republicans, and died.

Early in the session I used this space to call attention to a Democrat bill aimed at shortening sentences for violent felons. Supporters of Senate Bill 5269 made the ridiculous argument that it would save money and help address the state’s budget shortfall, but someone made the wise decision to let that bill die in committee.

If you’re familiar with the so-called “net nanny” law enforcement sting operations, in which officers pretend to be children online to catch would-be sex offenders, then you can appreciate why Republicans wanted to kill a Democrat bill to reduce the restrictions on those who are convicted of these sex-predator crimes.

The committee chair chose not to bring the bill, Senate Bill 5312, to a vote following its public hearing, so that soft-on-crime legislation died also.

In the education category, another Senate Democrat bill would have given biological boys the legal right to compete on girls’ sports teams and use the girls’ restrooms at school. If you hadn’t been aware of that legislation, it’s because SB 5180 received a public hearing but got no further.

I’ve heard Democrats talk a lot about what they call “access to democracy.” This session, following the success of the Let’s Go Washington organization in qualifying voter initiatives, the majority came up with a bill targeting people who are willing to go out and gather voter signatures on initiative petitions. But not long after Republicans began referring to Senate Bill 5382 as the “initiative killer,” it died.

Although this was a bad year for affordability, with Democrats approving the largest package of tax increases in state history, it could have been much worse if not for successful Republican opposition.

Other majority-party bills we helped derail would have made child care less affordable; imposed a pay-per-mile tax on drivers; removed the cap on college tuition increases; taxed employers to fund what amounts to unemployment benefits just for undocumented workers; and enabled property-tax increases by lowering the approval threshold for school bond elections.

Three other Democrat tax bills that died deserve special mention, as each was part of the $21 billion tax package linked to the operating budget passed by Senate Democrats two-thirds of the way into the session.

One was the statewide version of the payroll tax increase enacted by Seattle, which drove employers out of the city and across to east King County. It would have taken an estimated $6.6 billion from employers. Fortunately, the bill died in the Senate Ways and Means Committee.

The second was the bill to tax intangible assets, like stocks, as though they’re parcels of land. This goes after the innovators who have made our state the home of a white-hot jobs market which is the envy of the rest of the country. Republicans have opposed this idea for years, and in previous years, it had not gained traction.

This year the “innovation tax” legislation, which would have taken more than $12 billion from people, was effectively dead the day after its committee hearing. However, in one of the more bizarre virtue-signaling moves we’ve seen, Senate Democrats pushed a less costly version through on the session’s final day even though they knew the House majority wouldn’t go along.




Of all the bills Republicans killed this year, the best example has to be Senate Bill 5798, which would have done away with the voter-approved 1% cap on the annual growth rate of property taxes.

To say it again, local governments are already allowed to exceed the 1% standard – they just need to get permission from their voters. But if the cap is lifted or eliminated they can raise your property taxes higher, without the accountability.

I won’t go into the approaches Republicans use to oppose and hopefully kill bills, but in the case of the property-tax bill, we couldn’t have killed it without the support of people across Washington. Here’s the background.

Many years ago — speaking of access to democracy — Republicans began pushing the Senate to experiment with remote testimony. Our constituents include people who live furthest from the Capitol, and we felt it was important for them to have a chance to speak for or against bills without having to make what could be a dangerous winter drive to Olympia.

The pilot project was a success, and the committee staff and tech people figured out how to allow online public comments. This led to the straightforward, user-friendly tool available today, which allows people to sign in online as being “pro” or “con” on a piece of legislation scheduled for a committee hearing.

This year we were able to make unprecedented use of the Senate Republican social-media accounts to help people access the web sign-in page. On the last Wednesday afternoon in March, the time and date of the committee hearing on the property-tax bill was announced; Republicans began to get the word out on social media, with instructions for signing in about the bill. You may remember seeing the details in this space as well.

The pro-and-con sign-in page closed the following Monday afternoon. By then, almost 44,000 people had signed in as “con” on the bill, obliterating the previous record. I’m convinced the level of opposition by voters statewide is what caused the property-tax bill to die without reaching the floor of the Senate chamber for a vote.

Anyone who served as a legislator in 2019 remembers when thousands of hairstylists and barbers left their shops for a day to descend upon the Legislative Building and protest against a Democrat bill that would have infringed on their ability to continue working as independent contractors. Their involvement worked and the bill quickly died.

Online opposition to a bill, either through a web tool or remote testimony, will never quite capture the emotion we saw then, or on the day in 2020 when log trucks swarmed the streets around the Capitol in protest of one of Jay Inslee’s efforts to increase the cost of fuel.

However, its popularity is growing. This year a total of nearly 284,000 people signed in to register their opinions on legislation – and nearly 72% of them were “con.”

That’s a lot of people looking to kill what they view as bad bills. Republicans welcome them, because we understand there is more value in protecting our state from the harms that a greedy, ideology-driven government can cause. It’s how we make Washington better.

•••

Sen. John Braun of Centralia serves the 20th Legislative District, which spans parts of four counties from Yelm to Vancouver. He became Senate Republican leader in 2020.