FITZGIBBON REVEALED
The Income Tax · ESSB 6346

He called it a 93-year journey. Read what he passed.

ESSB 6346 — Chapter 238, Laws of 2026 — is Washington’s new 9.9% income tax. The House Majority Leader celebrated it on the floor. Here is what the enacted law actually says.

Rep. Joe Fitzgibbon speaking (campaign-site photo, cutout)
“It has been a long journey here to this moment, not just the over 24 hours that we’ve spent on this floor debating this proposal, but the 93 years that Washingtonians have struggled with a grossly outdated tax structure that falls by far the heaviest on the lowest income.”
— Rep. Joe Fitzgibbon, House floor, March 2026 (Washington State Standard)

A 24-hour marathon debate. A 51–46 vote. And a law written with three features every Washingtonian should read for themselves.

Ledger — 1Who pays? Individuals.

The law’s own words: “Only individuals are subject to payment of the tax.” An “individual” is “a natural person.”

Small-business owners are inside the base, because sole-proprietor and pass-through business income is reported on the owner’s personal return — the statute expressly reaches “a business, trade, or profession carried on in this state, including a sole proprietorship.”

ESSB 6346 §§201(1), 101(4), 405(1), 101(7).

Ledger — 2Who doesn’t? Corporations pay $0 of this tax.

A corporation is not an individual — so under this law, a C corporation never gets the bill. The word “corporation” appears in the tax’s operative sections only inside the pass-through definitions.

Families and business owners pay on their personal returns. The biggest structures in the economy are simply outside this tax.

ESSB 6346 §§201(1), 101(4); full-text review of Chapter 238, Laws of 2026.

Ledger — 3You don’t get a vote.

Section 1208 declares the tax “necessary for the support of the state government and its existing public institutions” — the constitutional formula that removes a law from the people’s referendum power.

They didn’t just pass the tax. They wrote it so you couldn’t petition to vote on it.

ESSB 6346 §1208; Wash. Const. art. II, §1(b).

9.9%
Rate on WA taxable income
§201(1)
2028
Tax begins Jan 1, 2028
§201
NO CORPORATIONS
Individuals pay all of the state income tax with corporations paying zero
§201(1): “Only individuals are subject to payment of the tax”
TAXED
Pension income not exempt
Final Bill Report: pension statutes “modified to specify that pension income is not exempt”

Precision matters, so here it is: this tax applies to household income above the $1,000,000 standard deduction, and “$0” means zero of this tax — corporations still pay other Washington taxes. Both points come straight from the enacted law. What the law never does is send this bill to a corporation.

The 93-year-old guardrail he waved away

Washington courts have long treated a graduated income tax as unconstitutional under Culliton. Here is how Fitzgibbon dismissed that precedent:

“[Culliton] was a single Supreme Court case from before anybody in this room was alive, on a five-to-four decision that said income was property” … “no other state in the union, nor the federal government” shares that view.
— Rep. Joe Fitzgibbon (as recorded by Ballotpedia)

The question of whether his tax survives that precedent is now headed through the courts. He didn’t wait for the answer — and he didn’t leave you a referendum.

Next: the record →