Revised bill overhauling governor’s emergency powers weakened by Democrats, say republicans

A Senate committee voted Friday to advance a revised bill aimed at limiting the governor’s emergency powers. Originally, the bill had bipartisan sponsorship and initial support from Washington Governor Bob Ferguson. However, all Republicans on the Senate State Government, Tribal Affairs and Elections Committee voted against it after the Democratic majority made some tweaks.

Senate Bill 5434 initially sought to give the legislature more authority to terminate a state of emergency. Sponsored by Sen. Keith Wagoner (R-Sedro-Woolley) and co-sponsored by Sen. Jeff Wilson (R-Longview), the bill had support from several Republicans and four Democrats. However, after the bill was amended, a majority of Democrats and Republicans on the committee argued that it significantly differed from the original bipartisan proposal.

At the heart of the disagreement was an amendment that removed provisions granting the legislature the power to end a state of emergency. The original bill included a requirement for the legislature to reauthorize emergency proclamations every 30 days, but this requirement was eliminated under the amended version.

Under the revised bill:

• If the legislature is in session: The legislature can end the state of emergency by passing a concurrent resolution. This means that both the House and Senate must agree on the decision to terminate the emergency.
• If the legislature is not in session and it’s been over 90 days: If the legislature isn’t currently meeting and more than 90 days have passed since the governor declared the emergency, the state of emergency can still be terminated — but only if all four key legislative leaders (the majority and minority leaders of both the Senate and House) agree in writing.

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Democrats critique amended bill

Despite these changes, Democrats on the committee argued that the amended bill still provides a reasonable mechanism for oversight while ensuring that the governor retains the flexibility needed to address emergencies effectively.

Sen. Wilson, who had worked with the governor’s office on the original proposal, expressed his disappointment with the revised bill.

“We worked with the governor to come up with a bipartisan proposal, and we were very appreciative of the opportunity,” he said. “But what came out of committee was a proposal that takes the state backward. I hope we can repair this damage before this bill comes to the Senate floor.”

The issue of emergency powers has been a topic of ongoing debate in Washington, particularly since the COVID-19 pandemic. Current state law gives the governor the authority to declare a state of emergency, which can trigger sweeping powers, such as the ability to suspend or waive certain laws and regulations.

Ferguson, a Democrat, had previously indicated that he was open to finding a compromise on emergency powers, stating in his inaugural address that he was committed to working with Republicans to impose reasonable limits. However, Ferguson’s party has expressed concern that limiting the governor’s emergency authority too much could undermine the state’s ability to respond swiftly and effectively to future crises.

What’s next?

Senate Republicans are hoping that further negotiations will lead to a compromise that addresses their concerns about legislative oversight while also giving the governor the tools needed for effective emergency management.

The revised bill can now head to a full vote of the state Senate.

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Matt Markovich is the KIRO Newsradio political analyst.

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