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If you have contacted my office in recent years, you know that I pride myself in delivering personal responses to you. My office staff and I work very hard to make sure you receive prompt and detailed information related to your questions and concerns. Despite the high volume of communications my office receives, I still try to respond personally to each. Unfortunately, I was unable to respond personally to thousands of inquiries last month following Governor Inslee’s statewide mask and COVID vaccine mandates.

In an effort to provide you with helpful information, I have assembled some “frequently asked questions” and include responses below. Many of the questions that my office has received lately include concerns about police reform laws, state vaccine mandates, and executive powers, but I also include questions about rising property taxes and other issues. I hope you find this format helpful. If you have other questions about state government that I was not able to answer, please feel free to reach out to me anytime.

Thank you for the opportunity to serve as your state senator.

Can the new police reform laws be changed?

Any state law can be changed if those changes are approved by the Legislature and signed by the governor. The police reform bills approved during the 2021 legislative session include House Bill 1054 (police tactics), House Bill 1310 (police use of force), Senate Bill 5051 (police oversight), Senate Bill 5066 (duty to intervene), and House Bill 1267 (independent investigations). I voted against all of these bills. Given changing dynamics within the Legislature in recent years, all of the bills were approved by comfortable vote margins. Everyone should have access to a fair and honest law enforcement system, but these bills went way too far and have resulted in ambiguity and too many unanswered questions. I have joined my colleagues and law enforcement groups to encourage a special session to address the new police reform laws. If a special session is not established, my hope is that the many discussions occurring throughout the state will lead to changes to make these laws much more workable next session.

How is the governor able to issue state orders?

The state’s Emergency Powers Act (RCW 43.06.220) empowers the governor to declare emergencies and issue orders in response to declared emergencies. The original version of this law was enacted in 1969. At the time the law was authorized, no one would have anticipated any emergency lasting multiple years. On February 29, 2020, Governor Inslee issued Proclamation 20-05 declaring a state of emergency for COVID-19. This proclamation will likely be in effect until it is terminated by the governor. Since the COVID pandemic first began in 2020, the governor has had many months of nearly total control of state operations. The constitution does allow for the governor to call a special session (described in more detail below), but he has been unwilling do so.

Are his mask and vaccine mandates enforceable?

Yes. The secretary of the Washington State Department of Health is appointed by Governor Inslee and has the authority to issue mask regulations. These directives are referenced within the governor’s emergency orders. Order 20-03 (face coverings) is the most recent order, issued August 19, 2021. Governor Inslee has multiple different vaccine mandates: one applying to state employees (Proclamation 21-14, issued August 9, 2021), and one applying to health-care workers and K-12 school employees (Proclamation 21-14.1, issued August 21, 2021). Both mandates allow for exemptions for medical and religious reasons. In accordance with the governor’s authority during emergencies, these directives have the same effect as state law.

Are these executive actions constitutional?

We are all entitled to our opinions about what is constitutional, but final rulings from the judicial branch – in our “checks and balances” governance model – determine constitutionality. These rulings include decisions by state and federal courts. Some of the court challenges have originated here in North Central Washington. The federal 9th Circuit Court of Appeals opinion in Slidewaters v. L&I affirmed the governor’s authority to declare the COVID-19 emergency and state Labor and Industries’ power to adopt a rule to enforce the governor’s proclamations. Last summer, as reported in a Wenatchee World article, a Chelan County court denied a bid from challengers to terminate Governor Inslee’s State of Emergency. While state laws may differ throughout the nation, courts in other states have largely upheld the COVID mandates issued by their governors.

Can legislators call for a special session?

The state Legislature, according to the Washington State Constitution, only meets for part of the year for “regular sessions” of the Legislature. These sessions begin every January. Article II, Section 12 of the constitution (page 23) authorizes the Legislature to call itself into special session with a two-thirds vote. The governor can also call the Legislature into a special session, but he has not done so. The specific process for gaining a two-thirds vote of the Legislature is set forth in Joint Rule 29 (page 11). Senate Republicans, including myself, have called for a special session multiple times during the COVID pandemic. Most recently, we have developed a special session proposal to address issues related to police reforms and emergency powers revisions, but we have not attained the two-thirds threshold among members. The political dynamics in Olympia have shifted greatly in recent years. Of the 49 state senators, there are 29 Democrats but only 20 Republicans. There is no way to organize a special session without bipartisan support.

How can we limit executive powers?

The state has the ability to modernize its Emergency Powers Act, but enacting a change in law would require approval of the Legislature and Governor Inslee. Last legislative session, I co-sponsored Senate Bill 5039 to expand legislative oversight of the governor’s emergency proclamations by setting a 30-day time limit on all orders unless extended by the Legislature. Senate Republicans attempted procedural efforts to bring this bill to a vote last session, but those efforts were blocked by the Democratic Senate majority. Senate Resolution 8402 was also adopted during the 2021 regular session. It indefinitely extended many of the governor’s emergency proclamations, so most of the governor’s mandates are no longer actually reviewable by the Legislature, just extended in date indefinitely. I voted against this resolution, but it was approved by the Senate (28-19) and the House of Representatives (54-44). Beyond the Legislative process, only a citizens’ initiative – if upheld by the state Supreme Court – could limit executive powers.

Have you been vaccinated?

Yes, I was eager to get vaccinated. My family, including my two kids in middle school, is fully vaccinated. We are grateful for the COVID vaccines and for our hardworking health-care professionals. However, getting a vaccine – especially such a new one – can be a major, personal decision even with federal FDA approval. Many people have very sincere concerns about being vaccinated, and that should be respected and acknowledged. However, the vaccination discussion is complex, and time will help provide more information. Differences may exist across sectors. When it comes to private sector employment practices, for example, I do not believe it is the government’s role to involve itself in the COVID vaccination policies of businesses. The Legislature has already had debates and votes about vaccinations, and the COVID vaccine will be no different. Controversy from the governor’s recent mandates will certainly keep vaccine discussions at the forefront of state lawmaking. There is no doubt that vaccine policies – in our state and country – will continue to be a big source of debate in the months and years ahead.