New bill would provide legislative oversight of emergency gubernatorial powers

Olympia, WA — Washington ranks among the bottom for states that provide legislative oversight of emergency gubernatorial powers.

SB 5909 aims to change that.

It's a fascinating bill because Democratic senators are seeking legislative oversight over the Governor from their own party. Action News spoke with one senator today, who says when it comes to an issue like this, you have to put aside your party label.

"Hypothetically let's say it was a Republican Governor," said Sen. Mark Mullet (D). "Would we just sit back and just let a Republican Governor refuse to involve the Legislature in these important decisions? Hell no! We would hold there feet to the fire."

SB 5909 would authorize the leaders of both parties in the House of Representatives and Senate to terminate a state of emergency if the Legislature is not in session and it has been more than 90 days since the state of emergency was declared.

"We're one of the only states to not have a special legislative session during either 2020 or 2021," said Sen. Mullet. "I think it's really difficult to accept or be able to explain that. These are really important decisions about businesses being shut down, sectors of our economy completely closed and yet the Legislature had no ability to be involved in that."

This isn't the first time a bill limiting executive emergency power has been introduced. SB 5039 and HB 1772 aim to end emergency powers automatically after 30 and 60 days respectively, unless there is a vote to continue.

SB 5909 is different.

After 90 days, unless a vote occurs, emergency powers will remain in effect.

"He can declare emergencies but they can't just be indefinite without the Legislature having some ability to be involved," said Sen. Mullet.

Sen. Mullet isn't alone. He is one of eight Democrats sponsoring this bill.

"I think we have an additional responsibility when it's a member of our own party to make sure we're setting a precedent example that we would be comfortable with if the shoe was on the other foot," said Sen. Mullet.

That group includes Senate Majority Whip Emily Randall.

In a statement she said:

"The pandemic made it clear – to my neighbors and to Washingtonians in every corner of our state – that our current system of government gives a lot of power to one person in the executive branch in times of emergency... And if the Legislature isn’t in session during a declared emergency, there is no opportunity for legislators to make sure the concerns and priorities of our communities are a part of the decision-making process."

The bill is scheduled for public hearing in the Senate Committee on State Government and Elections tomorrow at 10:30 AM.