Senate Democrats pass legislation to limit Gov. Inslee’s emergency powers
Legislation introduced by state Democrats to limit the governor’s powers passed the Senate Tuesday with a 29-20 vote.
The passage came on the last day for bills to be passed out of their house of origin during the 60-day session.
Senate Bill 5909 will now head to the House for a public hearing.
Under the legislation, leaders from the two chambers of the Legislature could terminate a state of emergency issued by the governor if it has been more than 90 days since it was ordered. The Speaker of the House and the House minority leader, as well as minority and majority members of the Senate, would have the authority to eliminate the order if the legislature is not in session by submitting the termination in writing.
Additionally, those same leaders would have the authority to terminate restrictions on activities if the legislature is not in session, also by submitting a termination in writing.
As the state law currently stands, only the governor can terminate an emergency order. Gov. Jay Inslee’s emergency proclamations prompted by the COVID pandemic have been in place since early 2020.
During the floor debate, the bill’s prime sponsor and Senate Majority Whip Emily Randall, D-Bremerton, urged other Senators to support the proposed legislation. She said the pandemic has taught everyone lessons by highlighting gaps that existed in health care and education. She said the bill is another opportunity for legislators to revisit some of those lessons they’ve learned.
“This bill is not about one mandate or one governor,” Randall said. “It’s about a system of adequate checks and balances.”
Still, others were not so sure about the legislation.
Sen. Keith Wagoner, R-Sedro-Woolley, called the bill “diluted” and “weak” and voted no. He said the bill only appears to do something when he doesn’t believe it will go far enough.
Two amendments were introduced but were not adopted.
Sen. Lynda Wilson, R-Vancouver, introduced one of the two amendments to the bill. She said the legislation as it currently stands does not go far enough, and that the legislature needs more control during the legislative session. She said the amendment would provide “real reform.”
Sen. Sam Hunt, D-Olympia, argued against the amendment and said it could lead the Washington Legislature to have to go back into “special session” to get rid of emergency proclamations. He maintained that the Legislature already has the ability while in session to terminate emergency orders.
Only two Republican Senators voted in favor of the legislation: Simon Sefzik from Ferndale and Brad Hawkins from East Wenatchee.
During the public hearing for the legislation, Washington residents testified in favor of the bill because some said they lost their businesses or jobs as a result of the long emergency proclamation orders.
The governor said during a press conference last month that he does not support the legislation, and that he was not “excited” about it.
Mike Faulk, deputy communications director for Inslee, said in a statement Tuesday that the office is “pleased this legislation does not hinder our state’s current response to COVID.” Faulk noted that the proposed amendments would have ended the state’s emergency response to COVID-19.
Faulk also added that the office is questioning the necessity of the proposed legislation.
“The Legislature has concurred with the governor and his actions over the last two years, having approved dozens of emergency order extensions,” he said. “Today’s vote did not change in any way the governor’s emergency orders. We look forward to moving to the next phase in our COVID response.”
In order to prevent future governors from being “unnecessarily” inhibited, Faulk said the legislation will be reviewed by Inslee’s office to make sure there are no issues with the language.
If passed and signed by the governor, the bill will go into effect 90 days after the adjournment of the legislature.
This story was originally published February 15, 2022 at 4:22 PM.
