FAQ on Governor’s Authority During an Emergency

What authority does the governor have in the case of an emergency?

  • RCW 43.06.220 acts as the primary source of the governor’s powers during times of emergency. These powers are quite broad. Specifically, subsections (1)(h) and (2)(g) are “catchalls” that grant the governor sweeping authority to prohibit actions in an effort to preserve life and health and to suspend laws that hinder emergency response.

Why does the governor have this authority? How long has it been in place?

  • The state of emergency laws codified in Sections 200-270 of Chapter 43.06 RCW were first enacted in 1969 with Senate Bill 392. At that time, the Legislature granted the governor the authority to prohibit certain actions and behaviors (the ones found in subsection (1) of RCW 43.06.220), but not did give him the power to suspend laws. This power came in 2008 when the Legislature unanimously passed Senate Bill 6950, which identified specific statutory obligations that could be suspended in an emergency. What Senate Bill 6950 did not include was the catchall power to suspend laws found in subsection (2)(g). The catchall power to suspend laws came about with Senate Bill 5260 in 2019. Senate Bill 5260 also removed the authority of the governor to prohibit the possession of firearms during an emergency.

How long can the proclamations be in effect?

  • As noted above, the governor has two different forms of emergency powers: the power to prohibit certain acts and the power to waive or suspend laws.

    “Prohibitions” issued by the governor under the first part of the emergency authority statute (RCW 43.06.220(1)) last as long as the state of emergency remains in effect and do not require approval from the Legislature to extend. The governor issued the “Stay Home, Stay Healthy” order under this part of the law.

    “Waivers or suspensions of law” issued under the second part of the emergency authority statute (RCW 43.06.220(2)) are limited to a 30-day duration, and extensions require the approval of the Legislature. If the Legislature is out of session, the leaders from both parties of the House of Representatives and Senate must unanimously agree to extensions. The order waiving penalties for late tax payments is an example of an order under this part of the law.

Why do the governor’s proclamations mention that he is calling up the State Guard and National Guard?

Updated on April 24, 2020.