Ferguson willing to limit his powers if necessary

Washington Gov. Bob Ferguson on Tuesday pledged to restrict his use of emergency powers following the apparent collapse of a Republican-led effort to have the Legislature do so.

Ferguson said if a state of emergency exceeds 60 days while the Legislature is out of session, he would end the declaration, or any order arising from it, upon receiving a written request from three of the four leaders of the Senate and House of Representatives.

And if an emergency declaration is in force longer than 120 days and the Legislature is not in session, Ferguson said he will call a special session to give lawmakers an opportunity to terminate it.

“Reform is necessary to protect Washingtonians in times of emergency while ensuring an appropriate balance between the branches of government,” the first-term Democratic governor said in a statement.

“It’s clear that the Legislature will not adopt bipartisan legislation to place reasonable limits on the Governor’s emergency powers,” he said, adding the policy would be in effect throughout his tenure unless bipartisan legislation amending emergency powers is passed.

Debate over the issue stems from Republican criticism of former Gov. Jay Inslee’s use of emergency powers during the COVID-19 pandemic.

Ferguson released his statement hours after the Standard reported that a Republican state senator’s bill installing new guardrails on a governor’s emergency powers was unlikely to be voted out of the Senate by a Wednesday deadline.

A key Democratic senator said Ferguson’s failure to work on possible wording changes with Senate Democrats, who hold the majority in the chamber, is a reason Senate Bill 5434 has yet to get a vote.

Ferguson and his staff did not provide a comment for the earlier story.

The bill, sponsored by Sen. Keith Wagoner, R-Sedro-Woolley, originally said if the Legislature is not in session, and if more than 90 days have passed since a governor declared a state of emergency, the majority and minority leaders of the Senate and the speaker and minority leader of the House of Representatives can end it with a written agreement.

Changes crafted with Ferguson advisors said if the Legislature is not in session, two of the four members of House and Senate leadership could ask the governor in writing to convene a special session. The governor would have 15 days to consider the request and call a special session. If one is not called, orders would automatically end.

Wagoner, in a statement, praised Ferguson’s action but suggested legislation is still needed.

“It demonstrates his sincere understanding of the issue of unchecked governors’ emergency powers and the important role the Legislature plays,” he said. “This is a win for Washington’s citizens but, it is a perishable win. The Legislature needs to codify similar provisions into law.”

Jerry Cornfield joined the Standard after 20 years covering Olympia statehouse news for The Everett Herald.