SENATE BILL 5063
State of Washington
2023 Regular Session
BySenators L. Wilson, Mullet, Braun, Dozier, Fortunato, Holy, Muzzall, Short, Torres, Wagoner, Warnick, and J. Wilson
Prefiled 12/19/22.Read first time 01/09/23.Referred to Committee on State Government & Elections.
AN ACT Relating to establishing balanced legislative oversight of gubernatorial powers during a declared emergency; amending RCW 43.06.210
; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. This act may be known and cited as the bipartisan approach to legislative authority necessary in continuing emergencies (BALANCE) act of 2023.
and 2013 c 21 s 1 are each amended to read as follows:
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
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.
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
as now or hereafter amended.
(3) The state of emergency shall cease to exist upon ((the))any of the following:
(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;
(b) If the legislature is in session, through passage of a concurrent resolution terminating the state of emergency; or
(c) If the legislature is not in session and it has been more than 90 days since the state of emergency was declared by the governor, termination of the state of emergency in writing by all four members of the leadership of the senate and house of representatives. For the 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 minority leader of the house of representatives.
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;
(b) Any number of persons, as designated by the governor, from assembling or gathering on the public streets, parks, or other open areas of this state, either public or private;
(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) 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;
(e) The sale, purchase or dispensing of alcoholic beverages;
(f) The sale, purchase or dispensing of other commodities or goods, as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace;
(g) The use of certain streets, highways or public ways by the public; and
(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 governor after proclaiming a state of emergency and prior to terminating such may, in the area described by the proclamation, issue an order or orders concerning waiver or suspension of statutory obligations or limitations in the following 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, (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 the rights, under the First Amendment, of freedom of speech or of the people to peaceably assemble. The governor shall give as much notice as practical to legislative leadership and impacted local governments when issuing orders under this subsection (2)(g).
(3) In imposing the restrictions provided for by RCW 43.06.010
, and 43.06.200
, 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.
(4) No order or orders ((concerning waiver or suspension of statutory obligations or limitations)) under subsection (1) or (2) of this section may continue for longer than thirty days unless extended by the legislature through concurrent resolution. If the legislature is not in session, the ((waiver or suspension of statutory obligations or limitations))order or orders may be extended in writing by all four leaders of the leadership of the senate and the house of representatives until the legislature can extend the ((waiver or suspension))order or orders 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.
(5) Any person willfully violating any provision of an order issued by the governor under this section is guilty of a gross misdemeanor.
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