Gubernatorial emergencies

AN ACT Relating to establishing balanced legislative oversight of 1
gubernatorial powers during a declared emergency; and amending RCW 2
43.06.210 and 43.06.220. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 43.06.210 and 2013 c 21 s 1 are each amended to read 5
as follows: 6
(1) The proclamation of a state of emergency and other 7
proclamations or orders issued by the governor pursuant to RCW 8
43.06.010, and 43.06.200 through 43.06.270 as now or hereafter 9
amended shall be in writing and shall be signed by the governor and 10
shall then be filed with the secretary of state. A proclamation of a 11
state of emergency is effective upon the governor's signature.12
(2) The governor shall give as much public notice as practical 13
through the news media of the issuance of proclamations or orders 14
pursuant to RCW 43.06.010, and 43.06.200 through 43.06.270 as now or 15
hereafter amended. 16
(3) The state of emergency shall cease to exist upon ((the)) any 17
of the following:18
(a) The issuance of a proclamation of the governor declaring its 19
termination: PROVIDED, That the governor must terminate said state of 20
S-0021.2
SENATE BILL 5434
State of Washington 69th Legislature 2025 Regular Session
By Senators Wagoner, J. Wilson, Chapman, Wellman, Christian, Short,
Boehnke, Dozier, Muzzall, Dhingra, Braun, Warnick, King, Goehner,
Gildon, Schoesler, and Shewmake
Read first time 01/22/25. Referred to Committee on State Government,
Tribal Affairs & Elections.
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emergency proclamation when order has been restored in the area 1
affected;2
(b) If the legislature is in session, through passage of a 3
concurrent resolution terminating the state of emergency; or4
(c) If the legislature is not in session and it has been more 5
than 90 days since the state of emergency was declared by the 6
governor, termination of the state of emergency in writing by all 7
four members of the leadership of the senate and house of 8
representatives. For the purposes of this section, "leadership of the 9
senate and the house of representatives" means the majority and 10
minority leaders of the senate and the speaker and minority leader of 11
the house of representatives. 12
Sec. 2. RCW 43.06.220 and 2019 c 472 s 2 are each amended to 13
read as follows: 14
(1) The governor after proclaiming a state of emergency and prior 15
to terminating such, may, in the area described by the proclamation 16
issue an order prohibiting: 17
(a) Any person being on the public streets, or in the public 18
parks, or at any other public place during the hours declared by the 19
governor to be a period of curfew; 20
(b) Any number of persons, as designated by the governor, from 21
assembling or gathering on the public streets, parks, or other open 22
areas of this state, either public or private; 23
(c) The manufacture, transfer, use, possession or transportation 24
of a molotov cocktail or any other device, instrument or object 25
designed to explode or produce uncontained combustion;26
(d) The transporting, possessing or using of gasoline, kerosene, 27
or combustible, flammable, or explosive liquids or materials in a 28
glass or uncapped container of any kind except in connection with the 29
normal operation of motor vehicles, normal home use or legitimate 30
commercial use; 31
(e) The sale, purchase or dispensing of alcoholic beverages;32
(f) The sale, purchase or dispensing of other commodities or 33
goods, as he or she reasonably believes should be prohibited to help 34
preserve and maintain life, health, property or the public peace;35
(g) The use of certain streets, highways or public ways by the 36
public; and 37
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(h) Such other activities as he or she reasonably believes should 1
be prohibited to help preserve and maintain life, health, property or 2
the public peace. 3
(2) The governor after proclaiming a state of emergency and prior 4
to terminating such may, in the area described by the proclamation, 5
issue an order or orders concerning waiver or suspension of statutory 6
obligations or limitations in the following areas: 7
(a) Liability for participation in interlocal agreements;8
(b) Inspection fees owed to the department of labor and 9
industries; 10
(c) Application of the family emergency assistance program;11
(d) Regulations, tariffs, and notice requirements under the 12
jurisdiction of the utilities and transportation commission;13
(e) Application of tax due dates and penalties relating to 14
collection of taxes; 15
(f) Permits for industrial, business, or medical uses of alcohol; 16
and 17
(g) Such other statutory and regulatory obligations or 18
limitations prescribing the procedures for conduct of state business, 19
or the orders, rules, or regulations of any state agency if strict 20
compliance with the provision of any statute, order, rule, or 21
regulation would in any way prevent, hinder, or delay necessary 22
action in coping with the emergency, unless (i) authority to waive or 23
suspend a specific statutory or regulatory obligation or limitation 24
has been expressly granted to another statewide elected official, 25
(ii) the waiver or suspension would conflict with federal 26
requirements that are a prescribed condition to the allocation of 27
federal funds to the state, or (iii) the waiver or suspension would 28
conflict with the rights, under the First Amendment, of freedom of 29
speech or of the people to peaceably assemble. The governor shall 30
give as much notice as practical to legislative leadership and 31
impacted local governments when issuing orders under this subsection 32
(2)(g). 33
(3) In imposing the restrictions provided for by RCW 43.06.010, 34
and 43.06.200 through 43.06.270, the governor may impose them for 35
such times, upon such conditions, with such exceptions and in such 36
areas of this state he or she from time to time deems necessary.37
(4) No order or orders ((concerning waiver or suspension of 38
statutory obligations or limitations )) under subsection (1) or (2) of 39
this section may continue for longer than thirty days unless extended 40
p. 3 SB 5434
by the legislature through concurrent resolution. If the legislature 1
is not in session, the ((waiver or suspension of statutory 2
obligations or limitations )) order or orders may be extended in 3
writing by all four leaders of the leadership of the senate and the 4
house of representatives until the legislature can extend the 5
((waiver or suspension )) order or orders by concurrent resolution. 6
For purposes of this section, "leadership of the senate and the house 7
of representatives" means the majority and minority leaders of the 8
senate and the speaker and the minority leader of the house of 9
representatives. 10
(5) Any person willfully violating any provision of an order 11
issued by the governor under this section is guilty of a gross 12
misdemeanor. 13
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