State of Emergency.  A state of emergency is proclaimed by the Governor after finding that a public disorder, disaster, energy emergency, or riot exists within the state or any part thereof which affects life, health, property, or the public peace.  The Governor may proclaim a state of emergency in the area affected.  The state of emergency is effective upon the Governor's signature and remains in effect until the Governor declares its termination.  The Governor must terminate a state of emergency when order has been restored in the area effected.

Powers of the Governor.  An emergency proclamation enables the Governor to issue orders prohibit specific activities during the state of emergency, such as public gatherings, transfer of combustible materials, and the use of public streets at any time.  In a state of emergency, the Governor may also issue an order to prohibit other activities the Governor reasonably believes necessary to help preserve and maintain life, health, property, or the public peace.  The Governor may impose the restrictions for such times, upon such conditions, with such exceptions and in such areas of the state deemed necessary.

During a state of emergency the Governor also has 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 the emergency, unless:

• authority is expressly granted to another statewide elected official; or
• the waiver or exemption would conflict with federal requirements that are a prescribed condition to the allocations of federal funds to the state, or First Amendment rights of freedom of speech and of the people to peaceably assemble.

Orders concerning waivers or suspensions of statutory obligations or limitations issued by the Governor are limited to 30 days unless extended by the Legislature. If the Legislature is in session, it may extend the order by concurrent resolution. If the Legislature is not in session, the order may be extended in writing by leadership of the Senate and the House of Representatives. 

State of Emergency. If the Legislature is in session, it may terminate a state of emergency through passage of a concurrent resolution. If the Legislature is not in session and it has been more than 90 days since the Governor declared the state of emergency, it may be terminated in writing by the majority and minority leaders of the Senate and the speaker and minority leader of the House of Representatives. 

Powers of the Governor. If an executive order issued during a state of emergency has been in effect for more than 30 days, the Legislature may terminate the executive order. If the Legislature is in session, it may terminate the order by concurrent resolution.  If the Legislature is not in session, the order may be terminated in writing by the majority and minority leaders of the Senate and the speaker and minority leader of the House of Representatives.

• Removes procedures for legislative extension of executive orders and adds procedures for legislative termination of executive orders. 

The committee recommended a different version of the bill than what was heard. PRO: In 2019, the Legislature passed SB 5260, and directly afterward, it was realized that something was forgotten: a clear mechanism that would bring the Legislature back to perform its proper role during an emergency. We are acutely aware that the Legislature needs to temporarily delegate broad powers to the executive branch to react swiftly in a declared emergency. That doesn't change in this bill. Beyond this initial phase of the emergency, it's important that our government is open and transparent and allows for those duly elected to represent the people that they serve. This restores checks and balances between all branches of government.

This is not a curb or limitation on the Governor's powers.  It's time for the Legislature to take a balanced approach and work symbolically with the Governor's Office so each branch can inform the other and we get the best possible result. Any system in which a single individual has unilateral power to take action with indefinite duration threatens to undermine our system of checks and balances in the coequal branches of government that form the foundation of our democracy.  This bill is well supported, reasonable and good governance. 

OTHER: This seems like a great bill until you actually dig into it. During the session, the majority party determines all actions to extend or terminate, giving no voice to the minority party. The only tidbit where the minority party gets a say is out of session to extend the order. I don't think this bill goes far enough. The state Legislature should be called together via Zoom or under web conferencing and deliberate the nature of the emergency with experts to craft the proper response. I think Governor Inslee did a great job keeping us safe, but I think we also need the sort of oversight to make sure that we get the best data available and the best science available. We deal with things, not just pandemics, but also volcanic eruptions, earthquakes, wet, dam failures, tsunamis, wildfires, all that stuff. So, I think this bill is a general step in the right direction. I just think the sooner we can get all the experts involved and help the executive team make a better decision as it goes beyond an immediate emergency into a long-term crisis, the better.