Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Public Safety Committee

HB 2263

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning governmental continuity during emergency periods.

Sponsors: Representatives Goodman, MacEwen, Muri, Kilduff, Hayes, Reeves, Chapman, Haler, Johnson, Tarleton, Tharinger, Hudgins, Dent, Van Werven, Fey, Eslick, McBride, Slatter, Dolan, Valdez, Stanford, Macri, Appleton, Ormsby, Ryu, Lovick, Doglio and Gregerson.

Brief Summary of Bill

  • Amends the Continuity of Government Act to provide continuity of government procedures for catastrophic incidents mirroring those currently in place for enemy attacks.

  • Requires the Washington Military Department to develop and manage an education program for state and local government officials regarding catastrophic incidents and continuity of government planning.

Hearing Date: 1/11/18

Staff: Omeara Harrington (786-7136).

Background:

The Washington Military Department under the direction of the Adjutant General administers the state's comprehensive program of emergency management. The Adjutant General is responsible for developing a comprehensive, all-hazard emergency plan for the state that includes an analysis of natural, technological, or human-caused hazards, and procedures to coordinate local and state resources in responding to such hazards.

The Adjutant General is also responsible for managing a program for interagency coordination and prioritization of government operations planning by state agencies. Each state agency is responsible for developing an organizational continuity of operations plan that is updated and exercised annually in compliance with the program for interagency coordination of continuity of operations planning.

Washington's Continuity of Government Act provides direction for the continuity of government operations in the event of an attack taken against the United States in the State of Washington. An "attack" is defined as any act of warfare taken by an enemy of the United States causing substantial damage or injury to persons or property in the United States and in the State of Washington.

Under Washington's Continuity of Government Act, following an enemy attack:

Summary of Bill:

The procedures outlined in the Continuity of Government Act apply to catastrophic incidents as well as enemy attacks. A "catastrophic incident" is any natural or human-caused incident, including terrorism and enemy attack, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the population, infrastructure, environment, economy, public morale, or government functions. "Attack" is redefined as an act of aggression taken against the United States causing substantial damage or injury to persons or property in the United States and in the State of Washington. 

For purposes of the Continuity of Government Act, an "emergency or disaster" means an event or set of circumstances which either demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences; or that reaches such a dimension or degree of destructiveness as to warrant the governor proclaiming a state of emergency.

The Adjutant General of the Military Department is responsible for the development and management of an educational program for state and local government officials regarding catastrophic incidents and continuity of government planning. The purpose of the program is to assist with statewide development of continuity of government plans by all levels and branches of state and local government that address how essential government functions and services will continue to be provided following a catastrophic incident.

"Continuity of government planning" is defined as the internal effort of all levels and branches of government to provide that the capability exists to continue essential functions and services following a catastrophic incident. Examples include: orderly succession of leadership; filling vacancies; interoperability communications; and procedures to reconvene government following periods of disruption. Continuity of government planning is intended to preserve the constitutional and statutory authority of elected officials and provide for continued performance of essential functions and services of government.

Appropriation: None.

Fiscal Note: Requested on January 8, 2018.

Effective Date: This bill takes effect 90 days after adjournment of the session in which the bill is passed, except for sections 4 through 10 relating to continuity of government operations in the event of a catastrophic incident, which take effect only if the proposed amendment to Article II, section 42 of the state Constitution is approved and ratified by the voters at the next general election. If the proposed amendment is not ratified, sections 4 through 10 are null and void.