S-4133.1                   _______________________________________________

                                                     SENATE BILL 6270

                              _______________________________________________

State of Washington                              53rd Legislature                             1994 Regular Session

By Senators Moore, Amondson, Prentice, McAuliffe, Deccio, Sellar, Vognild, Newhouse, Oke, Bauer, Moyer, Winsley, Roach and Ludwig

Read first time 01/18/94.  Referred to Committee on Labor & Commerce.

Terminating most agency rules after five years.

          AN ACT Relating to termination of agency rules; amending RCW 34.05.380; and adding a new section to chapter 34.05 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  RCW 34.05.380 and 1989 c 175 s 11 are each amended to read as follows:

          (1) Each agency shall file in the office of the code reviser a certified copy of all rules it adopts, except for rules contained in tariffs filed with or published by the Washington utilities and transportation commission.  The code reviser shall place upon each rule a notation of the time and date of filing and shall keep a permanent register of filed rules open to public inspection.  In filing a rule, each agency shall use the standard form prescribed for this purpose by the code reviser.

          (2) Emergency rules adopted under RCW 34.05.350 become effective upon filing unless a later date is specified in the order of adoption.  All other rules become effective upon the expiration of thirty days after the date of filing, unless a later date is required by statute or specified in the order of adoption.

          (3) A rule may become effective immediately upon its filing with the code reviser or on any subsequent date earlier than that established by subsection (2) of this section, if the agency establishes that effective date in the adopting order and finds that:

          (a) Such action is required by the state or federal Constitution, a statute, or court order;

          (b) The rule only delays the effective date of another rule that is not yet effective; or

          (c) The earlier effective date is necessary because of imminent peril to the public health, safety, or welfare.

          The finding and a brief statement of the reasons therefor required by this subsection shall be made a part of the order adopting the rule.

          (4) With respect to a rule made effective pursuant to subsection (3) of this section, each agency shall make reasonable efforts to make the effective date known to persons who may be affected by it.

(5) A rule, the violation of which subjects a person to a penalty or administrative sanction; that establishes, alters, or revokes a qualification or standard for the issuance, suspension, or revocation of a license to pursue a commercial activity, trade, or profession; or that establishes, alters, or revokes a mandatory standard for a product or material that must be met before distribution or sale may not remain effective for more than five years after its adoption or for more than five years after the effective date of this act, whichever is later.  An agency may readopt a rule subject to this subsection according to the procedures established in this chapter.

NEW SECTION. Sec. 2.  A new section is added to chapter 34.05 RCW to read as follows:

          (1) RCW 34.05.380(5) does not apply to a rule for which an agency shows, to the satisfaction of the governor, that it is not necessary or appropriate.  The showing must be made at least one year before the date the rule would become ineffective under RCW 34.05.380(5).  In making a determination under this section, the governor shall consider:

          (a) Whether the agency has established an adequate internal rules review process, allowing public participation, and has subjected the rule to that review;

          (b) The nature of complaints and other comments received from the public about the rule;

          (c) Whether the rule conflicts with, overlaps, or duplicates any other provision of federal, state, or local law and, if so, whether the agency has taken steps to mitigate adverse effects of the conflict, overlap, or duplication;

          (d) The extent to which technology, social or economic conditions, or other relevant factors have changed since the rule was adopted, and whether, given those changes, the rule continues to be necessary and appropriate; and

          (e) Whether the statute that the rule implements has been amended, repealed, or ruled invalid in court.

          (2) The governor shall make the determination based on a written request from the director of the agency that adopted the rule.  The agency shall file a notice that the request has been made with the code reviser for publication in the Washington State Register.  No sooner than thirty days after the publication, the governor shall issue a written determination and explanation of that determination.  The governor shall file the determination and explanation with the code reviser for publication in the Washington State Register.

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