WA Democrats Dismantle Emergency Powers Reform
You know that saying, “if something sounds too good to be true, it probably is?”
Sigh.
We were so hopeful about SB 5434 which would have been progress in reforming the governor’s emergency powers in Washington State. If you lived in Washington during the 975 days of Inslee’s abuse of emergency powers, you know why this reformation is so critical.
We mostly expected this bill to die in committee and not move forward. We DID NOT expect it to be amended to give the governor MORE authority during an emergency, but that’s what happened yesterday in the Senate State Government Committee on Friday afternoon.
Let’s take a look at the original senate bill (SB) proposed in comparison to the substitute senate bill (SSB) that passed out of committee yesterday.
Summary of Implications
SB 5434 imposes stricter oversight by requiring all emergency orders (prohibitions and waivers) to expire after 30 days unless the legislature or its leadership explicitly extends them. This ensures active legislative approval for prolonged emergency measures.
SSB 5434 loosens this control by allowing orders to remain in effect indefinitely beyond 30 days, with the legislature or its leadership only able to terminate them, not required to reauthorize them. This effectively extends the governor’s unilateral authority unless checked.
Key Differences
The primary differences between SB 5434 and SSB 5434 lie in Section 2, RCW 43.06.220, subsection (4), which governs the duration and termination of emergency orders. Here’s a breakdown:
1. Scope of Orders Subject to Time Limits and Oversight
SB 5434:
Subsection (4) states: "No order or orders under subsection (1) or (2) of this section may continue for longer than thirty days unless extended by the legislature through concurrent resolution."
This applies broadly to all orders under subsections (1) (prohibitive restrictions) and (2) (waivers/suspensions of statutory obligations), limiting their duration to 30 days unless extended.
SSB 5434:
Subsection (4) states: "If any order or orders under subsection (1) or (2) of this section remain in effect for more than 30 days, the legislature may terminate the order or orders by concurrent resolution."
This shifts the focus: instead of automatically expiring after 30 days unless extended, orders can continue indefinitely unless terminated by the legislature after 30 days. The scope still includes all orders under subsections (1) and (2).
Difference:
SB 5434 imposes a strict 30-day expiration unless proactively extended, placing the burden on the legislature or leadership to approve continuation.
SSB 5434 allows orders to persist beyond 30 days without an expiration date, shifting the burden to the legislature or leadership to actively terminate them. This makes SSB 5434 less restrictive on the governor’s authority duration.
2. Legislative Oversight Mechanism When Not in Session
SB 5434:
"If the legislature is not in session, the order or orders may be extended in writing by all four leaders of the leadership of the senate and the house of representatives until the legislature can extend the order or orders by concurrent resolution."
When the legislature is out of session, the four leaders (majority and minority leaders of Senate and House) can extend orders beyond 30 days until the legislature reconvenes and acts via concurrent resolution.
SSB 5434:
"If the legislature is not in session, the order or orders may be terminated in writing by all four leaders of the leadership of the senate and the house of representatives."
When out of session, the four leaders can terminate orders after 30 days, but there’s no provision for extending them—they continue unless terminated.
Difference:
SB 5434 allows legislative leadership to extend orders, maintaining a mechanism for continuation during out-of-session periods.
SSB 5434 removes the extension option, replacing it with a termination power, meaning orders persist until explicitly ended by leadership or the legislature. This subtly shifts power toward the governor by not requiring affirmative reauthorization.
3. Deletion of Stricken Text
SB 5434:
Retains the original RCW language in subsection (4) with modifications: "No order or orders concerning waiver or suspension of statutory obligations or limitations under subsection (2) of this section may continue for longer than thirty days unless extended by the legislature..." (stricken text is preserved from prior law but amended).
The original RCW limited only subsection (2) waivers to 30 days, and SB 5434 expands this to include subsection (1) orders.
SSB 5434:
Deletes the stricken text entirely: "No order or orders concerning waiver or suspension of statutory obligations or limitations under subsection (2) of this section may continue for longer than thirty days unless extended by the legislature..."
Replaces it with a new framework applying to both subsection (1) and (2) orders, focusing on termination rather than expiration/extension.
Difference:
SB 5434 builds on the existing RCW structure, expanding the 30-day limit to all orders while keeping an extension framework.
SSB 5434 discards the old language, introducing a simpler but less restrictive termination-based approach, applying uniformly to all orders without an automatic cutoff.
SB 5434 is more restrictive, capping emergency orders at 30 days unless extended, while SSB 5434 is more permissive, allowing orders to persist past 30 days unless terminated. This bill was passed before cutoff so we anticipate it will move forward. You can track this bill and all others on our Legislative Action Center.
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