VIDEO | Rep. Joshua Penner: Protecting small businesses from government overreach (Amendment 2160 to Senate Bill 5925)

March 6, 2026

Rep. Joshua Penner, R-Orting, spoke on the House floor in support of Amendment 2160 to Senate Bill 5925. This legislation seeks to grant the Attorney General’s Office the power to issue written civil investigative demands (CIDs) for documents, oral testimony, and interrogatories when facts suggest possible violations of various state laws and the constitution.

Penner argued for a higher evidentiary standard of “clear and convincing evidence” before a CID can be issued. Under the current language of the bill, the state could move forward if facts and circumstances “would reasonably lead to” possible violations.

During his remarks, Penner expressed concern that the broad powers granted in the bill could be used for “witch hunting expeditions”. He highlighted the immense financial burden these investigations can place on local employers, noting a specific case where a business spent $2.1 million to comply with records demands.

He emphasized that the state of Washington should not have the power to compel businesses into bankruptcy without clear and verifiable evidence of wrongdoing.

Amendment 2160 was not adopted.