Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Housing, Community Development & Veterans Committee

SB 5260

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 powers to waive statutory obligations or limitations during a state of emergency in order to cope with the emergency.

Sponsors: Senators Zeiger, Hunt, Hobbs, Takko, Bailey and Conway.

Brief Summary of Bill

  • Amends certain authorities granted to the Governor during a declared state of emergency.

  • Limits a waiver or suspension of statutory obligations or limitations issued by the Governor to 30 days unless the Legislature extends it by concurrent resolution, or in writing if the Legislature is not in session.

Hearing Date: 3/6/19

Staff: Serena Dolly (786-7150).

Background:

The Governor may proclaim a state of emergency in any area of the state affected by public disorder, disaster, energy emergency, or riot. Under a state of emergency proclamation, the Governor may issue an order prohibiting such things as the gathering of persons in public or private places; the manufacture, transfer, possession, or use of explosive devices; transporting, possessing, or using combustible materials; possession of firearms or other deadly weapons; the sale and purchase of alcoholic beverages; and the use of certain streets or highways. Powers granted to the Governor under a declared emergency are effective only within the area described in and during the time of the proclamation.

The Governor also has authority to waive or suspend statutory obligations or limitations for certain executive functions, during and in the areas affected by an emergency proclamation, including:

Summary of Bill:

The Governor's authority to prohibit the possession of firearms or any other deadly weapon in a place other than that person's place of residence or business during a declared state of emergency is removed.

The Governor is granted authority to waive or suspend statutory obligations or limitations for certain executive functions 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 an emergency, unless:

The Governor must provide as much notice as practical to legislative leadership and impacted local governments when issuing orders to waive or suspend statutory obligations or limitations for executive functions.

A waiver or suspension of statutory obligations or limitations issued by the Governor is limited to 30 days unless the Legislature extends it by concurrent resolution or in writing by the leadership of the Senate and the House of Representatives if the Legislature is not in session. Leadership of the Senate and the House of Representatives means the majority and minority leaders of the Senate and the House of Representatives.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.