H-0523.1

HOUSE BILL 1381

ByRepresentatives Kraft, Chase, Sutherland, Young, Walsh, McCaslin, Boehnke, Jacobsen, Orcutt, and Klicker

AN ACT Relating to limiting the governor's emergency powers, ensuring legislative balance of power, and regulating government agency emergency authority; amending RCW 43.06.210, 43.06.220, and 34.05.350; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 43.06.210 and 2013 c 21 s 1 are each amended to read as follows:

(1) The proclamation of a state of emergency and other proclamations or orders issued by the governor pursuant to RCW 43.06.010, and 43.06.200 through 43.06.270 as now or hereafter amended shall be in writing and shall be signed by the governor and shall then be filed with the secretary of state. A proclamation of a state of emergency is effective upon the governor's signature.

(2) The governor shall give as much public notice as practical through the news media of the issuance of proclamations or orders pursuant to RCW 43.06.010, and 43.06.200 through 43.06.270 as now or hereafter amended.

(3) The state of emergency shall cease to exist upon the earlier of:

(a) The issuance of a proclamation of the governor declaring its termination: PROVIDED, That the governor must terminate said state of emergency proclamation when order has been restored in the area affected; or

(iv) To the extent practicable, members of the public and press who wish to attend the session are permitted to listen to the session live through operable telecommunications devices.

Sec. 2. RCW 43.06.220 and 2019 c 472 s 2 are each amended to read as follows:

(1) The governor after proclaiming a state of emergency and prior to terminating such, may, in the area described by the proclamation issue an order prohibiting:

(a) ((Any person being on the public streets, or in the public parks, or at any other public place during the hours declared by the governor to be a period of curfew;

(c))) The manufacture, transfer, use, possession or transportation of a molotov cocktail or any other device, instrument or object designed to explode or produce uncontained combustion;

(((d)))(b) The transporting, possessing or using of gasoline, kerosene, or combustible, flammable, or explosive liquids or materials in a glass or uncapped container of any kind except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use; and

(((e)))(c) The sale, purchase or dispensing of alcoholic beverages((;

(h) Such other activities as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace)).

(2) ((The))During the 14 days after the governor ((after proclaiming))proclaims a state of emergency ((and prior to terminating such)), the governor may, in the geographic area described by the proclamation, issue an order or orders concerning waiver or suspension of statutory obligations or limitations as described in this subsection. After those 14 days, a waiver or suspension may continue only if extended by the legislature through concurrent resolution approved by a two-thirds vote in both the house of representatives and the senate. An order may waive or suspend statutory obligations or limitations only in the following subject areas:

(a) Liability for participation in interlocal agreements;

(b) Inspection fees owed to the department of labor and industries;

(c) Application of the family emergency assistance program;

(d) Regulations, tariffs, and notice requirements under the jurisdiction of the utilities and transportation commission;

(e) Application of tax due dates and penalties relating to collection of taxes;

(f) Permits for industrial, business, or medical uses of alcohol; and

(g) Such other statutory and regulatory obligations or limitations prescribing the procedures for conduct of state business, or the orders, rules, or regulations of any state agency if strict compliance with the provision of any statute, order, rule, or regulation would ((in any way)) prevent, hinder, or delay necessary action in coping with the emergency, unless (i) authority to waive or suspend a specific statutory or regulatory obligation or limitation has been expressly granted to another statewide elected official prior to the state of emergency, (ii) the waiver or suspension would conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, or (iii) the waiver or suspension would conflict with any of the freedoms and rights of the people, under the ((First Amendment, of freedom of speech or of the people to peaceably assemble))Washington state or United States Constitutions. The governor shall give as much notice as practical to ((legislative leadership))all members of the legislature directly and impacted local governments when issuing orders, or any changes relating to those orders, under this subsection (2)(g).

(3) Any order issued under this section must protect all rights guaranteed by the Constitutions of Washington state and the United States, and the order must be the least restrictive or intrusive means. In imposing the restrictions provided for by RCW 43.06.010, and 43.06.200 through 43.06.270, the governor may impose them for such times, upon such conditions, with such exceptions, and in such areas of this state ((he or she from time to time deems necessary))where there is clear evidence of an immediate and present danger to the public and therefore a state of emergency.

(4) No order or orders concerning waiver or suspension of statutory obligations or limitations under subsection (2) of this section may continue for longer than ((thirty))14 days unless extended by the legislature through concurrent resolution approved by a two-thirds vote in both the house of representatives and the senate. If the legislature is not in session, the waiver or suspension of statutory obligations or limitations may be extended ((in writing by the leadership of the senate and the house of representatives until the legislature can extend the waiver or suspension by concurrent resolution. For purposes of this section, "leadership of the senate and the house of representatives" means the majority and minority leaders of the senate and the speaker and the minority leader of the house of representatives))only during a special legislative session called for that purpose. The vote described in this subsection must take place during an in-person floor session unless meeting in-person is not feasible because of the emergency, in which case a virtual legislative session may be held if the session is conducted with a live visual and audio feed that provides continuous viewing of every legislator attending the session. However, if the emergency also prevents the legislature from using live visual feed, a telephonic session may be held if:

(d) To the extent practicable, members of the public and press who wish to attend the session are permitted to listen to the session live through operable telecommunications devices.

(5) Any person willfully violating any provision of an order issued by the governor under this section is guilty of a gross misdemeanor.

Sec. 3. RCW 34.05.350 and 2011 1st sp.s. c 2 s 1 are each amended to read as follows:

(1) ((If))(a) An agency may not adopt an emergency rule under this section that responds or relates to:

(2) Except as provided in subsection (1) of this section, if an agency for good cause finds:

(a) That immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; or

(b) That state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule((; or

(c) In order to implement the requirements or reductions in appropriations enacted in any budget for fiscal year 2009, 2010, 2011, 2012, or 2013, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency)),

the agency may dispense with those requirements and adopt, amend, or repeal the rule on an emergency basis. The agency's finding and a concise statement of the reasons for its finding shall be incorporated in the order for adoption of the emergency rule or amendment filed with the office of the code reviser under RCW 34.05.380 and with the rules review committee.

(((2)))(3) An emergency rule adopted under this section takes effect upon filing with the code reviser, unless a later date is specified in the order of adoption, and may not remain in effect for longer than ((one hundred twenty))90 days after filing. Identical or substantially similar emergency rules may not be adopted in sequence unless conditions have changed or the agency has filed notice of its intent to adopt the rule as a permanent rule, and is actively undertaking the appropriate procedures to adopt the rule as a permanent rule. This section does not relieve any agency from compliance with any law requiring that its permanent rules be approved by designated persons or bodies before they become effective.

(((3)))(4) Within seven days after the rule is adopted, any person may petition the governor requesting the immediate repeal of a rule adopted on an emergency basis by any department listed in RCW 43.17.010. Within seven days after submission of the petition, the governor shall either deny the petition in writing, stating his or her reasons for the denial, or order the immediate repeal of the rule. ((In ruling on the petition, the governor shall consider only whether the conditions in subsection (1) of this section were met such that adoption of the rule on an emergency basis was necessary.)) If the governor orders the repeal of the emergency rule, any sanction imposed based on that rule is void. ((This subsection shall not be construed to prohibit adoption of any rule as a permanent rule.))

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