Gubernatorial proclamations

AN ACT Relating to increasing legislative involvement in 1
gubernatorial proclamations relating to a state of emergency; 2
amending RCW 43.06.210 and 43.06.220; creating a new section; 3
prescribing penalties; and declaring an emergency. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. The legislature recognizes that the 6
executive branch is well-equipped to confront emergencies and lead 7
responses. However, for long-lasting states of emergency when the 8
continuity of government has not been disrupted, the legislature 9
finds that each of the branches of government has a role to play. 10
Accordingly, this act is designed to ensure adequate legislative 11
involvement in long-lasting states of emergency.12
Sec. 2. RCW 43.06.210 and 2013 c 21 s 1 are each amended to read 13
as follows: 14
(1) The proclamation of a state of emergency and other 15
proclamations or orders issued by the governor pursuant to RCW 16
43.06.010, and 43.06.200 through 43.06.270 as now or hereafter 17
amended shall be in writing and shall be signed by the governor and 18
shall then be filed with the secretary of state. A proclamation of a 19
state of emergency is effective upon the governor's signature. The 20
H-0426.1
HOUSE BILL 1221
State of Washington 69th Legislature 2025 Regular Session
By Representatives Volz, Corry, Schmidt, Walsh, Graham, Ley, Couture,
Klicker, McClintock, Marshall, Dufault, Barkis, and Penner
Prefiled 01/09/25. Read first time 01/13/25. Referred to Committee
on State Government & Tribal Relations.
p. 1 HB 1221
governor shall give as much public notice as practical through the 1
news media of the issuance of proclamations or orders pursuant to RCW 2
43.06.010, and 43.06.200 through 43.06.270 as now or hereafter 3
amended. 4
(2) The state of emergency shall cease to exist upon the earlier 5
of:6
(a) The issuance of a proclamation of the governor declaring its 7
termination((: PROVIDED, That the )). The governor must terminate said 8
state of emergency proclamation when order has been restored in the 9
area affected;10
(b) The passage of a concurrent resolution by the legislature 11
declaring the termination of the state of emergency. If the 12
legislature is not in session, the state of emergency may be 13
terminated in writing by all of the four members of the leadership of 14
the senate and the house of representatives; or15
(c) Sixty days after a proclamation of a state of emergency is 16
signed by the governor, unless extended by the legislature through 17
concurrent resolution. If the legislature is not in session, the 18
state of emergency may be extended in writing by all of the four 19
members of the leadership of the senate and the house of 20
representatives until the legislature can extend the state of 21
emergency by concurrent resolution. The governor or legislature may 22
also call a special session, consistent with the procedures outlined 23
in the Constitution, to vote on a concurrent resolution to extend a 24
state of emergency. No individual extension may exceed 60 days, but 25
the legislature may pass subsequent resolutions of extension and the 26
leadership of the senate and the house of representatives may issue 27
subsequent extensions in writing in accordance with this subsection 28
(2)(c).29
(3) Following the termination of a state of emergency under 30
subsection (2) of this section, the governor may not declare a state 31
of emergency on the same or a substantially similar topic. The 32
legislature may reinstate a previously terminated state of emergency 33
by concurrent resolution or, if the legislature is not in session, in 34
writing by all of the four members of the leadership of the senate 35
and the house of representatives.36
(4) For purposes of this section, "leadership of the senate and 37
the house of representatives" means the majority leader of the 38
largest caucus of the senate, minority leader of the second largest 39
caucus of the senate, speaker of the house of representatives, and 40
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minority leader of the second largest caucus of the house of 1
representatives. 2
Sec. 3. RCW 43.06.220 and 2019 c 472 s 2 are each amended to 3
read as follows: 4
(1) The governor after proclaiming a state of emergency and prior 5
to terminating such, may, in the area described by the proclamation 6
issue an order prohibiting: 7
(a) Any person being on the public streets, or in the public 8
parks, or at any other public place during the hours declared by the 9
governor to be a period of curfew; 10
(b) Any number of persons, as designated by the governor, from 11
assembling or gathering on the public streets, parks, or other open 12
areas of this state, either public or private; 13
(c) The manufacture, transfer, use, possession or transportation 14
of a molotov cocktail or any other device, instrument or object 15
designed to explode or produce uncontained combustion;16
(d) The transporting, possessing or using of gasoline, kerosene, 17
or combustible, flammable, or explosive liquids or materials in a 18
glass or uncapped container of any kind except in connection with the 19
normal operation of motor vehicles, normal home use or legitimate 20
commercial use; 21
(e) The sale, purchase or dispensing of alcoholic beverages;22
(f) The sale, purchase or dispensing of other commodities or 23
goods, as he or she reasonably believes should be prohibited to help 24
preserve and maintain life, health, property or the public peace;25
(g) The use of certain streets, highways or public ways by the 26
public; and 27
(h) Such other activities as he or she reasonably believes should 28
be prohibited to help preserve and maintain life, health, property or 29
the public peace. 30
(2) The governor after proclaiming a state of emergency and prior 31
to terminating such may, in the area described by the proclamation, 32
issue an order or orders concerning waiver or suspension of statutory 33
obligations or limitations in the following areas:34
(a) Liability for participation in interlocal agreements;35
(b) Inspection fees owed to the department of labor and 36
industries; 37
(c) Application of the family emergency assistance program;38
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(d) Regulations, tariffs, and notice requirements under the 1
jurisdiction of the utilities and transportation commission;2
(e) Application of tax due dates and penalties relating to 3
collection of taxes; 4
(f) Permits for industrial, business, or medical uses of alcohol; 5
and 6
(g) Such other statutory and regulatory obligations or 7
limitations prescribing the procedures for conduct of state business, 8
or the orders, rules, or regulations of any state agency if strict 9
compliance with the provision of any statute, order, rule, or 10
regulation would in any way prevent, hinder, or delay necessary 11
action in coping with the emergency, unless (i) authority to waive or 12
suspend a specific statutory or regulatory obligation or limitation 13
has been expressly granted to another statewide elected official, 14
(ii) the waiver or suspension would conflict with federal 15
requirements that are a prescribed condition to the allocation of 16
federal funds to the state, or (iii) the waiver or suspension would 17
conflict with the rights, under the First Amendment, of freedom of 18
speech or of the people to peaceably assemble. The governor shall 19
give as much notice as practical to legislative leadership and 20
impacted local governments when issuing orders under this subsection 21
(2)(g). 22
(3) ((In imposing the ))Any restrictions imposed by the governor 23
as provided for by RCW 43.06.010((,)) and 43.06.200 through 24
43.06.270((, the governor may impose them )) are in effect for such 25
times, upon such conditions, with such exceptions , and in such areas 26
of this state ((he or she)) that the governor from time to time deems 27
necessary, except that:28
(a) The legislature may terminate any restriction through a 29
concurrent resolution; and30
(b) If the legislature is not in session, a restriction may be 31
terminated in writing by all of the four members of the leadership of 32
the senate and the house of representatives. 33
(4) No order or orders ((concerning waiver or suspension of 34
statutory obligations or limitations under subsection (2) of)) under 35
this section may continue for longer than thirty days unless extended 36
by the legislature through concurrent resolution. If the legislature 37
is not in session, ((the waiver or suspension of statutory 38
obligations or limitations )) an order under this section may be 39
extended in writing by all of the four members of the leadership of 40
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the senate and the house of representatives until the legislature can 1
extend the ((waiver or suspension )) order under this section by 2
concurrent resolution. 3
(5) For purposes of this section, "leadership of the senate and 4
the house of representatives" means the majority ((and)) leader of 5
the largest caucus of the senate, minority leader((s)) of the second 6
largest caucus of the senate ((and the )), speaker of the house of 7
representatives, and ((the)) minority leader of the second largest 8
caucus of the house of representatives. 9
(((5))) (6) An order issued by the governor under this section 10
must be drafted in a format that complies with the following:11
(a) An order that waives or suspends provisions of law must set 12
forth the entirety of the section or sections of law that are being 13
waived or suspended, clearly showing the provisions that are no 14
longer in effect; and15
(b) A new order that extends or modifies previous orders on the 16
same topic must set forth, in full, the entirety of waivers or 17
suspensions that are or continue to be in effect as of the issuance 18
of the new order. If the new order modifies previous orders, the 19
nature and extent of the modification must also be clearly described 20
in the new order.21
(7) Any person willfully violating any provision of an order 22
issued by the governor under this section is guilty of a ((gross 23
misdemeanor)) civil infraction and may receive a fine of up to 24
$1,000, to be imposed at the discretion of the agency responsible for 25
implementing the provision of the order that has been violated, or by 26
the governor if no agency is responsible for implementation.27
NEW SECTION. Sec. 4. This act is necessary for the immediate 28
preservation of the public peace, health, or safety, or support of 29
the state government and its existing public institutions, and takes 30
effect immediately.31
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