SUBSTITUTE HOUSE BILL 2498






                        52nd Legislature

                      1992 Regular Session

Passed by the House March 11, 1992

  Yeas 96   Nays 0




Speaker of the

       House of Representatives


Passed by the Senate March 10, 1990

  Yeas 45   Nays 1



I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2498 as passed by the House of Representatives and the Senate on the dates hereon set forth.




President of the Senate

                               Chief Clerk



Approved Place Style On Codes above, and Style Off Codes below.





Governor of the State of Washington

                        Secretary of State

                       State of Washington



                            SUBSTITUTE HOUSE BILL 2498



                             AS AMENDED BY THE SENATE


                     Passed Legislature - 1992 Regular Session


State of Washington              52nd Legislature             1992 Regular Session


By House Committee on Appropriations (originally sponsored by Representatives Ludwig, Forner, Cantwell, Sheldon, Dellwo, Bray, Roland, Rasmussen, Moyer, Rayburn, Grant, H. Myers, Paris, Riley, Edmondson, Kremen, Ferguson, Winsley, Wineberry, Jones, Dorn, Franklin, Ebersole, Bowman, May, Heavey, Ogden, Cooper, Pruitt, O'Brien, Hine, Nelson and P. Johnson)


Read first time 02/11/92.  Regarding regulatory fairness.

     AN ACT Relating to regulatory fairness; amending RCW 34.05.320; adding new sections to chapter 19.85 RCW; adding new sections to chapter 34.05 RCW; adding a new section to chapter 43.17 RCW; adding a new section to chapter 43.31 RCW; and creating new sections.




     NEW SECTION.  Sec. 1.  A new section is added to chapter 19.85 RCW to read as follows:

     When any rule is proposed for which a small business economic impact statement is required, the adopting agency shall provide notice to small businesses of the proposed rule through any of the following:

     (1) Direct notification of known interested small businesses or trade organizations affected by the proposed rule; or

     (2) Providing information of the proposed rule making to publications likely to be obtained by small businesses of the types affected by the proposed rule.


     NEW SECTION.  Sec. 2.  A new section is added to chapter 19.85 RCW to read as follows:

     When feasible, the adopting agency may appoint a committee, as provided in RCW 34.05.310, to comment on the subject of the possible rule making before the publication of notice of proposed rule adoption under RCW 34.05.320.


     NEW SECTION.  Sec. 3.  A new section is added to chapter 34.05 RCW to read as follows:

     The joint administrative rules review committee may review any rule to determine whether an agency complied with the regulatory fairness requirements of chapter 19.85 RCW.


     NEW SECTION.  Sec. 4.  A new section is added to chapter 34.05 RCW to read as follows:

     The joint administrative rules review committee shall provide notice, conduct its hearings and reviews, and provide notice of committee objections to small business economic impact statements required under chapter 19.85 RCW in the same manner as is provided for notice, hearings, reviews, and objections to rules under this chapter.


     NEW SECTION.  Sec. 5.  A new section is added to chapter 43.17 RCW to read as follows:

     The rules coordinator under RCW 34.05.310 shall be knowledgeable regarding the agency's rules that affect businesses.  The rules coordinator shall provide a list of agency rules applicable at the time of the request to a specific class or line of business, which are limited to that specific class or line as opposed to generic rules applicable to most businesses, to the business assistance center when so requested by the business assistance center for the specific class or line of business.


     NEW SECTION.  Sec. 6.      The business assistance center shall conduct a study of how it can best serve as a clearinghouse to coordinate with state agencies in compiling and providing, on request, lists of state rules that apply to specific classes or lines of small businesses.  The business assistance center shall report the findings of the study to the legislature before December 1, 1992.


     NEW SECTION.  Sec. 7.  A new section is added to chapter 43.31 RCW to read as follows:

     The state shall not be financially liable for errors or omissions in providing any document required to be produced under section 6 of this act.  Compliance with rules identified under section 6 of this act does not excuse the business from requirements to comply with other applicable rules.


     Sec. 8.  RCW 34.05.320 and 1989 c 175 s 7 are each amended to read as follows:

     (1) At least twenty days before the rule-making hearing at which the agency receives public comment regarding adoption of a rule, the agency shall cause notice of the hearing to be published in the state register.  The publication constitutes the proposal of a rule.  The notice shall include all of the following:

     (a) A title, a description of the rule's purpose, and any other information which may be of assistance in identifying the rule or its purpose;

     (b) Citations of the statutory authority for adopting the rule and the specific statute the rule is intended to implement;

     (c) A summary of the rule and a statement of the reasons supporting the proposed action;

     (d) The agency personnel, with their office location and telephone number, who are responsible for the drafting, implementation, and enforcement of the rule;

     (e) The name of the person or organization, whether private, public, or governmental, proposing the rule;

     (f) Agency comments or recommendations, if any, regarding statutory language, implementation, enforcement, and fiscal matters pertaining to the rule;

     (g) Whether the rule is necessary as the result of federal law or federal or state court action, and if so, a copy of such law or court decision shall be attached to the purpose statement;

     (h) When, where, and how persons may present their views on the proposed rule;

     (i) The date on which the agency intends to adopt the rule;

     (j) A short explanation of the rule, its purpose, and anticipated effects, including in the case of a proposal that would modify existing rules, a short description of the changes the proposal would make; and

     (k) A copy of the small business economic impact statement, if applicable, and a statement of steps taken to minimize the economic impact in accordance with RCW 19.85.030.

     (2) Upon filing notice of the proposed rule with the code reviser, the adopting agency shall have copies of the notice on file and available for public inspection and shall forward three copies of the notice to the rules review committee.

     (3) No later than three days after its publication in the state register, the agency shall cause a copy of the notice of proposed rule adoption to be mailed to each person who has made a request to the agency for a mailed copy of such notices.  An agency may charge for the actual cost of providing individual mailed copies of these notices.

     (4) In addition to the notice required by subsections (1) and (2) of this section, an institution of higher education shall cause the notice to be published in the campus or standard newspaper of the institution at least seven days before the rule-making hearing.


     NEW SECTION.  Sec. 9.      If specific funding for the purpose of section 6 of this act, referencing this act by bill and section number, is not provided by June 30, 1992, in the omnibus appropriations act, section 6 of this act shall be null and void.