If the Legislature is in session, then lawmakers must vote to approve an extension of the waiver or suspension past 30 days. Legislative approval is required to extend beyond 30 days any waiver or suspension of state law - something Inslee has done more than 50 times since the start of the coronavirus pandemic.įor instance, early on in the pandemic Inslee prohibited visitors to nursing homes and waived the job search requirements for people seeking unemployment insurance benefits. In Washington, there’s an exception to the governor’s unfettered authority. I think that generally it’s been done well here in Washington,” Jinkins said.Īccording to the National Conference of State Legislatures, most states - including Oregon and California - give the legislative branch either the authority to terminate or approve the extension of a state of emergency.Įxamples include Connecticut, controlled by Democrats, where recently the governor called the General Assembly into special session to renew his state of emergency.Īnd Utah, a Republican-run state, where earlier this year lawmakers passed legislation that requires legislative approval for a state of emergency to continue past 30 days. “There are a lot of different ways to do this. Speaker of the House Laurie Jinkins, who works for the Tacoma-Pierce County Health Department, concurred. “I think it’s clear that one person has to be in charge when there is a public health emergency,” said Senate Majority Leader Andy Billig, a Spokane Democrat. Top Democratic leaders in the Legislature say they’re comfortable with the governor having this broad power. These orders are not subject to legislative approval. Most recently, he issued an order mandating proof of vaccination or a negative COVID-19 test to attend large gatherings in the state. He also enacted an eviction moratorium and, in August, announced a sweeping vaccine mandate. For instance, he ordered people to stay home, shut down businesses, closed schools and limited public gatherings. Inslee has used that power more than two dozen times since the start of the pandemic. During that period of time, the governor essentially has carte blanche to issue orders prohibiting certain activities. Under current law, once the governor declares an emergency it stays in effect until the governor deems it no longer necessary. That means they can be changed by the Legislature. “But they aren’t inherent powers, they’re not constitutional powers. “The governor has very strong and broad powers,” said Hugh Spitzer, a University of Washington law professor. That’s because once a state of emergency is declared, the executive branch has wide latitude to manage a crisis. I think it’s time to wind it down,” Walen said.īut legislators don’t have a say in this, at least not under current Washington law. “I think it is time to come up with a plan ongoing, but I don’t think we’re in a state of emergency anymore. “Not for this amount of time, certainly.”ĭemocratic state Representative Amy Walen, a former mayor of Kirkland who's the vice chair of the House Consumer Protection and Business Committee, agrees. “Average people of all political persuasions are coming to that conclusion that this isn’t the way they envision the state of Washington being governed,” Braun said. “I will tell you this, the one thing I do know, every time somebody gets vaccinated that day gets closer.”īy contrast, Senate Republican Leader John Braun of Centralia thinks the governor should have already suspended the state of emergency. “And I can’t tell you when that will be, but I hope it’s sooner rather than later,” Inslee said at a recent news conference. Instead, he says that day will come when he’s confident the pandemic won’t spring back and overwhelm hospitals. Inslee won’t speculate as to when he might lift his state of emergency. And now two key questions are emerging: when will Inslee end the state of emergency and should his emergency powers be reined in? Also, 80 percent of the 12 and up population has gotten at least one dose of a COVID-19 vaccine, and kids 5 to 11 are now also getting the shots.Įven so, as the two-year anniversary of the start of the pandemic approaches, it looks like COVID-19 is here to stay. In recent weeks, though, case counts have shown a steady drop from their delta variant-driven peak in mid-September (although public health officials are concerned about a plateauing). Since then, Washington has experienced five waves of the virus, more than 9,000 deaths and 42,000 hospitalizations, according to the state's COVID-19 dashboard. In issuing his proclamation, Inslee said the declaration would allow the state to respond “quickly and effectively” to the new virus. Jay Inslee declared the emergency on Februthe same day the state recorded its first death from the novel coronavirus. For more than 630 days, the state of Washington has been under a COVID-19 state of emergency.
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