Emergency powers reforms have stalled in the previous four legislative sessions
Brett Davis
The Center Square Washington
The political stars seemed aligned for the Washington State Legislature to pass a bill this session to rein in the governor’s emergency powers, with Republicans eager to pass reform legislation and a new Democratic governor who in his inaugural address said he is willing to support reasonable limits on his emergency powers.
Nevertheless, Substitute Senate Bill 5434 died, having failed to meet a 5 p.m. Wednesday deadline to be brought out and voted on by the full Senate.
A revamped version of the bill had previously passed out of the Senate State Government, Tribal Affairs & Election Committee. A striking amendment offered by committee Chair Javier Valdez, D-Seattle, was passed that removed procedures for legislative extension of executive orders and added procedures for legislative termination of executive orders.
According to the amendment, “If the legislature is not in session [at the time of an emergency declaration] and it has been more than 90 days since the governor declared a state of emergency, termination of the state of emergency [could be made] in writing by all four members of the leadership of the senate and house of representatives.”
Democratic and Republican legislative leaders addressed SSB 5434 at their respective media events on Thursday.
“You know, Sen. Valdez reported out a bill in a form that he was comfortable with – and that bill was no longer supported by the Republicans,” Senate Majority Leader Jamie Pedersen, D-Seattle, told reporters.
He went on to say, “In the meantime, the governor has announced how he intends to exercise his powers.”
Prior to the collapse of the Republican-led effort to have the Legislature limit the governor’s emergency powers, Gov. Bob Ferguson issued a Tuesday statement pledging to restrict his use of emergency powers.
“If I declare a state of emergency that lasts longer than 60 days while the Legislature is not in session, I will terminate that emergency, or any order arising from it, if three leaders of the four legislative caucuses write to me requesting that action,” the governor said in the statement.
“Moreover, if a state of emergency has been in place longer than 120 days while the Legislature is not in session, I will call a special session to give the Legislature the opportunity to terminate an emergency order or declaration.
“This policy will remain in effect as long as I am Governor unless the Legislature adopts bipartisan legislation amending these emergency powers.”
Pedersen said he and fellow Democrats are open to discussions about limiting the emergency powers of future governors “but that’s going to have to be a conversation that involves both parties, both chambers and the Governor’s Office.”
Republicans expressed frustration at their news conference, although Senate Minority Leader John Braun, R-Centralia, began by complimenting Ferguson.
“Gov. Ferguson has been great on this issue,” he said. “His statement that he would essentially execute the agreement we negotiated is heartening, frankly. There is still a lot of opposition, even with the … bill as the Democrats changed it coming out of committee…”
He said that “it’s not clear to me if there’s enough support to bring it to the floor from the Senate Democratic caucus.”
Braun noted some Democrats don’t seem to like Ferguson’s position on emergency powers reform.
“There’s been some pushback to Gov. Ferguson from actually, you know, reaching out and saying, ‘And, hey, here’s a couple of Republican policies I might be willing to support’ that got some blowback, frankly,” the senator explained.
Sen. Sandy Short, R-Addy, lamented the changes to the bill made by the Senate State Government, Tribal Affairs & Election Committee.
“The changes that the Senate Democrats made actually made the existing policy worse,” she said. “It actually watered down what was already current law.”
Braun speculated on the motives of some Democrats.
“They don’t want to work on this because it provides the Legislature cover,” he said. “They don’t have to come in in an extended emergency and represent the people of their districts by taking a vote.”
Rep. Chris Corry, D-Yakima, noted the Legislature has a responsibility to act in limiting the governor’s emergency powers.
“I want to have that check, whether it’s a Republican or a Democrat,” he said, “and I think that’s only fair.”
The Center Square reached out to the Governor’s Office for comment on the death of SSB 5434.
“I don’t know that the governor will have anything to add to beyond his statement but will update you if he does,” Communications Director Brionna Aho said in a Friday email.
Emergency powers reform has been an issue since Feb. 29, 2020, when then-Gov. Jay Inslee declared a statewide emergency in response to the novel coronavirus spreading worldwide during the COVID-19 pandemic.
Inslee ended the state of emergency on Oct. 31, 2022, after 975 days in effect.
Emergency powers reforms have stalled in the previous four legislative sessions.
This report was first published by The Center Square Washington.
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