| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to establishing balanced legislative oversight of gubernatorial powers during a declared emergency; |
| Bill Description | Establishing balanced legislative oversight of gubernatorial powers during a declared emergency. |
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What this bill does
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Substitute Senate Bill 5434 amends existing Washington statutes (RCW 43.06.210 and 43.06.220) governing gubernatorial proclamations of a state of emergency and related orders. It requires that proclamations and other orders be in writing, signed by the governor, and filed with the secretary of state, be effective on the governor’s signature, and be publicly notified as practicable through the news media. The bill clarifies how a state of emergency ends (by gubernatorial termination, by concurrent resolution when the legislature is in session, or, if the legislature is not in session and more than 90 days have passed, by written termination by all four legislative leaders as defined), and it defines who counts as the legislative leadership for those purposes.
The bill also specifies what kinds of orders the governor may issue during a declared emergency (for example, curfews, limits on assemblies, restrictions on certain devices or uses of property, limitations on sale or use of alcoholic beverages and other commodities, and other actions reasonably necessary to preserve life, health, property, or public peace). It authorizes the governor to waive or suspend listed statutory or regulatory obligations during an emergency (including certain inspection fees, some utility and transportation commission rules, tax due dates and penalties, and permit requirements), subject to enumerated exceptions and with notice to legislative leadership and impacted local governments when using a catch‑all waiver authority. Orders remaining in effect more than 30 days may be terminated by the legislature by concurrent resolution or, if the legislature is not in session, by the four legislative leaders in writing. The bill provides that any person who willfully violates a gubernatorial order issued under this section is guilty of a gross misdemeanor.
The changes are procedural and substantive amendments to existing emergency powers law: they clarify filing, notice, termination procedures, enumerate permissible prohibitions and waiver authorities during emergencies, and set a criminal penalty for willful violations. The text references other provisions in chapter 43.06 (RCW 43.06.010 and RCW 43.06.200–43.06.270) for additional context; those related provisions and prior versions of the amended sections are not included here, so some interpretive context from the rest of the chapter is missing.
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Why it matters
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If enacted, the law would make emergency proclamations and orders a more formal, public process: the governor must put them in writing, sign and file them with the secretary of state, and give as much media notice as practical, and those proclamations take effect immediately on signature. The governor would still be able to impose curfews, ban assemblies or certain sales, and temporarily suspend a range of statutory requirements during an emergency, but those actions are more clearly subject to legislative oversight — the legislature or its four top leaders can terminate proclamations or specific orders after set time limits — and anyone who willfully breaks a gubernatorial order faces a gross misdemeanor charge.
The people and offices most affected are the governor (more paperwork and formal notice obligations but retained emergency powers), the secretary of state (additional filing duties), legislative leaders (greater ability to cut short emergencies or orders), local governments (must be notified and may need to change local operations), state agencies referenced (possible temporary loss of fees or enforcement duties), businesses that sell alcohol or certain commodities (risk of temporary sales bans and revenue loss), and ordinary residents (subject to curfews and other limits and criminal penalties for willful violations). Some practical details about how long an area is considered “restored” and how the catch‑all waiver is applied depend on other parts of chapter 43.06 not included here, so the timing and some limits remain uncertain.
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| Official Documents | View Full Bill Text |
| Date Introduced | 02/21/2025 |
| Originating Chamber | Senate |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $7,632,854.50 |
| GOVERNOR |
| Hearing | Senate State Government, Tribal Affairs & Elections (Public) |
| Hearing | Senate State Government, Tribal Affairs & Elections (Executive) |