Washington State House of Representatives Office of Program Research	BILL ANALYSIS
State Government Committee

HB 2053

Brief Description:  Expiring agency rules periodically.

Sponsors:  Representatives Anderson, Alexander, Cox, DeBolt, Crouse, Schindler, Mitchell, Ericksen, Clements, Cairnes, Talcott and Woods.

Brief Summary of Bill

$Expires agency rules after five years unless re-authorized by the Legislature.

Hearing Date:  2/19/01

Staff:  Jim Morishima (786‑7191).

Background: 

The executive branch is responsible for implementing state laws.  As part of this responsibility, the agencies in the executive branch pass administrative rules.  In order to be valid, agency rules:

$Must not exceed the amount of authority delegated to the agency by the Legislature;

$Must comply with both the federal and state constitutions;

$Must not be arbitrary and capricious; and

$Must have been adopted in accordance with the law.

Most agency rules take effect 30 days after they are filed with the Code Reviser, unless a later date is specified by statute or in the order of adoption.  Rules can become effective at an earlier date under the following circumstances:

$If the rule is an emergency rule (emergency rules take effect upon filing);

$If the rule is required by the state or federal Constitution, a statute, or a court order;

$If the rule only delays the effective date of another rule; or

$If the earlier effective date is necessary to prevent imminent peril to the public health, safety, or welfare.

Summary of Bill: 

Agency rules expire on December 31 of the fifth year after they take effect unless re‑authorized by the Legislature.  If a rule expires, it is considered repealed and is of no further effect.  The Legislature may not re‑activate an expired rule.

Rulemaking Authority:  No express authority.

Appropriation:  None.

Fiscal Note:  Not Requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.