WA state’s COVID emergency lasted 975 days. Lawmakers must fix flaw in the law

Heading into 2023, the frustration over Gov. Jay Inslee’s extended emergency powers has, for the most part, faded.

Ever since he ended the last of his COVID-19 mandates Oct. 31, most people have moved on and life has felt much like it did pre-pandemic.

But that doesn’t mean Washington state lawmakers shouldn’t tighten the language that gave the governor sole authority over people’s lives for 975 days — which was how long it took before Inslee officially lifted the emergency.

By state law the governor has the ability to take charge in times of a crisis, which is necessary during natural disasters, catastrophic power outages and other types of calamities.

It’s a wise process to have in place.

The problem is that in Washington — unlike other states across the country — there is no way to check the governor’s power after a state of emergency is declared.

State legislators are forced to sit idly by while the governor makes all the major decisions.

Regardless of what people think of how Inslee managed the pandemic, no one person should have that much unrestricted power for months on end. It goes against the foundation of the checks and balance system.

Now that COVID has exposed this governmental flaw, it would be irresponsible not to address it.

Last year at this time the mask mandate was an emotional lightning rod that dominated complaints around the state — especially at school board meetings. Richland parents, in particular, were bitter and divided over the issue.

But that hot anger over mask requirements has since receded. Now, it may seem easy for lawmakers to let the past be the past and not bring up an old controversy.

But that would be a mistake. There will be other governors in the future. Who knows what kind of harm could be done later?

State lawmakers have a duty to fix this imbalance of power, and this session is the time to do it.

A Senate bill already has been pre-filed that would reform the governor’s sweeping emergency authority and allow legislative oversight after a month.

Senate Bill 5063 is sponsored by Sen. Lynda Wilson, R-Vancouver, and Sen. Mark Mullet, D-Issaquah. That it’s a bipartisan proposal is promising.

Last January, a record number of citizens officially weighed in on bills that would have put restrictions on the governor’s emergency powers. But despite the outcry, the majority of Democrat lawmakers decided to ignore the issue and the proposals went nowhere.

Let’s hope that isn’t the case this year.

If lawmakers reform the law during this upcoming session, it shouldn’t be seen as a condemnation of Inslee. But rather, a way to make sure that in the future the legislative branch of government has some say when emergency situations continue with no end in sight.

COVID-19 is still a concern, but with vaccines available it is not the deadly threat it was even a year ago.

But with mask and social distancing requirements still fresh in people’s minds, this session is a good time to make sure there is a way to put some kind of check on the governor’s emergency powers.

After all, there’s a very good chance the Legislature would affirm whatever decisions a governor makes. But on the chance a future governor goes astray, the state needs a mechanism in place so the Legislature can do something about it.