Sen. Jeff Wilson, R-Longview.
OLYMPIA – A Senate committee controlled by legislative Democrats shot down a bipartisan proposal Friday to restrict the governor’s emergency powers, despite close work on the bill between Republicans and the governor’s office.
The Senate State Government, Tribal Affairs and Elections Committee passed SB 5434, sponsored by Keith Wagoner, R-Sedro Wooley and co-sponsored by Sen. Jeff Wilson, R-Longview, with 11 other Republicans and four Democrats. But before the committee took its final vote Friday, majority Democrats adopted a striking amendment that wiped out the bipartisan proposal giving the Legislature authority to end a declared state of emergency.
Instead, Democrats on the committee voted for a version that differs on some points and weakens existing state law by eliminating a requirement that the Legislature reauthorize certain emergency proclamations if they are to remain in force after 30 days.
All Republicans on the committee voted against the amended bill.
“This is an enormous disappointment,” said Sen. Jeff Wilson, R-Longview, the lead Republican on the committee. “We worked with the governor to come up with a bipartisan proposal, and we were very appreciative of the opportunity. 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.”
Newly elected Gov. Bob Ferguson, a Democrat, appeared to usher in a new era of bipartisan cooperation in the state Legislature in his inaugural speech Jan. 15 when he pledged to work with Senate Republicans to impose reasonable limits on the governor’s emergency authority.
Current law, designed for natural disasters and short-term crises, gives the governor extraordinary powers to respond to emergencies. Only the governor can decide to rescind a state of emergency, but when emergency proclamations waive or suspend certain statutory obligations, the Legislature must reauthorize them every 30 days.
The proposal worked out between Senate Republicans and the governor’s office allows the Legislature to terminate a state of emergency by passing a concurrent resolution. When the Legislature is not in session, a state of emergency can be terminated after 90 days by an agreement of all four leaders of the Republican and Democratic caucuses of the House and Senate.
The version preferred by majority Democrats on the committee contains similar procedures to terminate an emergency. But where proclamations are concerned, the requirement for legislative reauthorization is removed. Instead, ending proclamations also would require a vote of the Legislature on a concurrent resolution, or an agreement of all four leaders when the Legislature is not in session.
Wilson said the situation is ironic. “We’ve been working with the governor on a proposal that gives the people a voice in declarations of emergency by giving greater authority to the Legislature. Yet the governor’s own party wants to weaken the Legislature’s power. Go and figure.
“I want to be clear – we have welcomed this chance to work cooperatively with the governor, and we appreciate his desire to resolve this issue. The best time to deal with emergency powers is when there is no emergency, and I hope our colleagues do not spoil this opportunity.”