Key Findings

1. Washington has been governed under emergency orders for nearly two years, since February of 2020.

2. While other states provide a meaningful role for lawmakers in addressing a state of emergency, Washington has very weak statutory emergency powers oversight.

3. Two bipartisan bills have been introduced to reform the state’s emergency powers. They are HB 1772 (to increase legislative involvement in gubernatorial proclamations relating to a state of emergency) and SB 5039 (to subject all gubernatorial emergency orders to legislative approval after thirty days).

4. It is time to end governance by press conference and return to the normal public legislative process.

5. By adopting either HB 1772 or SB 5039, the legislature would provide balance, public accountability and full oversight for the immense executive emergency powers it has previously created.
 

Introduction

Washington has been governed under emergency orders for nearly two years, since February of 2020. During that time, the normal democratic public process of legislative oversight has been limited and significant state policy has been set through proclamations issued by the governor’s office. The length of the state of emergency has led to discussion of whether executive emergency power in Washington state should be reformed.

Two bipartisan bills have been introduced to reform the state’s emergency powers. They are HB 1772 (to increase legislative involvement in gubernatorial proclamations relating to a state of emergency) and SB 5039 (to subject all gubernatorial emergency orders to legislative approval after thirty days).

In an emergency, governors need broad powers to act fast. Legislative bodies inevitably take longer to assemble and to act than a single executive, so they temporarily delegate their power to the executive in emergencies. But these powers are supposed to be transferred for a limited period of time.

When situations last for extended periods, longer term policies need to be implemented and the legislature needs to debate risks, benefits and trade-offs of various approaches. Lawmakers may end up passing the very policies the governor would prefer to see implemented, but they do it after deliberation as representatives of the people and do it in a democratic public process.

It is the legislature, not the governor, that is charged with making law, and the governor who is charged with implementing the laws passed by the legislature. Washington, however, has very weak statutory emergency powers oversight for lawmakers and the state has been operating under an ongoing emergency order for nearly two years.

HB 1772 and SB 5039 would redress this imbalance by providing for full legislative oversight of the governor’s emergency powers.

Click here to read the full Legislative Memo.