BILL REQ. #: H-2978.3
| State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/11/12. Referred to Committee on State Government & Tribal Affairs.
AN ACT Relating to administrative procedures to promote accountability and economic relief; amending RCW 34.05.310, 34.05.313, 34.05.320, 34.05.570, 28A.300.040, 41.50.050, 43.06A.030, 43.19.011, 43.21A.064, 43.24.016, 43.27A.090, 43.30.215, 43.31C.060, 43.33.040, 43.33A.110, 43.59.070, 43.61.040, 43.63A.475, 43.70.580, 43.101.085, 43.115.040, 43.117.050, 43.155.040, 43.160.050, 43.163.100, 43.180.040, 43.200.070, 43.210.060, 43.250.090, 43.320.040, 43.330.040, 47.01.071, 48.02.060, 48.44.050, 48.46.200, 66.08.0501, 77.04.055, and 80.01.040; reenacting and amending RCW 34.05.328; adding new sections to chapter 34.05 RCW; adding a new section to chapter 43.17 RCW; adding a new chapter to Title 1 RCW; creating new sections; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 34.05 RCW
to read as follows:
This act may be known and cited as the regulatory freedom and
accountability act.
NEW SECTION. Sec. 2 A new section is added to chapter 34.05 RCW
to read as follows:
The legislature finds that Washington families, workers, and
employers continue to struggle to make ends meet as the recession
starting in December 2007 continues into 2012. As families and
employers have streamlined their budgets and services, so should state
government. Government continues to increase the burden on citizens
and employers through perpetual alteration and expansion of rules. The
Washington Administrative Code has grown by 2,778 pages between 2001
and 2009 (15,138 pages to 17,916 pages). In 2010, 1,438 new, permanent
rules were adopted, 2,609 rules were amended, 459 emergency rule
filings were made, and 1,154 rules were repealed.
The constant changing of rules provides uncertainty to citizens
and employers and adds additional costs to taxpayers as agencies hold
public meetings and telephone conferences, and employees spend untold
hours working on drafts for rules. Furthermore, continual proposal of
new rules distracts employers from being productive in their respective
businesses due to a need to comment against these proposed rules. Most
agencies do not track the number of hours employees spend on rule
making nor do they track the cost to the agency to do this task. One
way to reduce millions of dollars in employee and administrative costs
is to impose a moratorium on formal and informal rule making by state
agencies except in certain specified instances. This moratorium is to
last for three years or until the state is no longer facing financial
deficits.
NEW SECTION. Sec. 3 A new section is added to chapter 34.05 RCW
to read as follows:
(1) Agency rule making is suspended until the later of July 1,
2015, or such time as the economic and revenue forecast council reports
for three consecutive quarters that state revenue collections have
increased above the official forecast adopted pursuant to RCW 82.33.010
on or before February 20th in an even-numbered year or March 20th in an
odd-numbered year, except in the following cases:
(a) A rule is needed to implement a federal law;
(b) A rule is needed to implement the terms of a governor-declared
state of emergency;
(c) A rule is needed by the department of health to respond to a
public health emergency;
(d) A rule is needed to set the times for the taking of wildlife,
fish, or shellfish pursuant to RCW 77.12.047(1)(a); or
(e) Legislation enacted after January 1, 2012, specifically directs
that rule making be undertaken. Rules adopted under this subsection
(1)(e) must be approved by the legislature in the ensuing legislative
session before the rule may take effect.
(2) This section does not prohibit an agency from repealing rules.
Sec. 4 RCW 34.05.310 and 2011 c 298 s 20 are each amended to read
as follows:
(1) The provisions of this section are subject to section 3 of this
act.
(2)(a) To meet the intent of providing greater public access to
administrative rule making and to promote consensus among interested
parties, agencies must solicit comments from the public on a subject of
possible rule making before filing with the code reviser a notice of
proposed rule making under RCW 34.05.320. The agency must prepare a
statement of inquiry that:
(i) Identifies the specific statute or statutes authorizing the
agency to adopt rules on this subject;
(ii) Discusses why rules on this subject may be needed and what
they might accomplish;
(iii) Identifies other federal and state agencies that regulate
this subject, and describes the process whereby the agency would
coordinate the contemplated rule with these agencies;
(iv) Discusses the process by which the rule might be developed,
including, but not limited to, negotiated rule making, pilot rule
making, or agency study;
(v) Specifies the process by which interested parties can
effectively participate in the decision to adopt a new rule and
formulation of a proposed rule before its publication.
(b) The statement of inquiry must be filed with the code reviser
for publication in the state register at least thirty days before the
date the agency files notice of proposed rule making under RCW
34.05.320 and the statement, or a summary of the information contained
in that statement, must be sent to any party that has requested receipt
of the agency's statements of inquiry.
(((2))) (3) Agencies are encouraged to develop and use new
procedures for reaching agreement among interested parties before
publication of notice and the adoption hearing on a proposed rule.
Examples of new procedures include, but are not limited to:
(a) Negotiated rule making by which representatives of an agency
and of the interests that are affected by a subject of rule making,
including, where appropriate, county and city representatives, seek to
reach consensus on the terms of the proposed rule and on the process by
which it is negotiated; and
(b) Pilot rule making which includes testing the feasibility of
complying with or administering draft new rules or draft amendments to
existing rules through the use of volunteer pilot groups in various
areas and circumstances, as provided in RCW 34.05.313 or as otherwise
provided by the agency.
(((3))) (4)(a) An agency must make a determination whether
negotiated rule making, pilot rule making, or another process for
generating participation from interested parties prior to development
of the rule is appropriate.
(b) An agency must include a written justification in the rule-making file if an opportunity for interested parties to participate in
the rule-making process prior to publication of the proposed rule has
not been provided.
(((4))) (5) This section does not apply to:
(a) Emergency rules adopted under RCW 34.05.350;
(b) Rules relating only to internal governmental operations that
are not subject to violation by a nongovernment party;
(c) Rules adopting or incorporating by reference without material
change federal statutes or regulations, Washington state statutes,
rules of other Washington state agencies, shoreline master programs
other than those programs governing shorelines of statewide
significance, or, as referenced by Washington state law, national
consensus codes that generally establish industry standards, if the
material adopted or incorporated regulates the same subject matter and
conduct as the adopting or incorporating rule;
(d) Rules that only correct typographical errors, make address or
name changes, or clarify language of a rule without changing its
effect;
(e) Rules the content of which is explicitly and specifically
dictated by statute;
(f) Rules that set or adjust fees under the authority of RCW
19.02.075 or that set or adjust fees or rates pursuant to legislative
standards, including fees set or adjusted under the authority of RCW
19.80.045; or
(g) Rules that adopt, amend, or repeal:
(i) A procedure, practice, or requirement relating to agency
hearings; or
(ii) A filing or related process requirement for applying to an
agency for a license or permit.
Sec. 5 RCW 34.05.313 and 1995 c 403 s 303 are each amended to
read as follows:
(1) The provisions of this section are subject to section 3 of this
act.
(2) During the development of a rule or after its adoption, an
agency may develop methods for measuring or testing the feasibility of
complying with or administering the rule and for identifying simple,
efficient, and economical alternatives for achieving the goal of the
rule. A pilot project shall include public notice, participation by
volunteers who are or will be subject to the rule, a high level of
involvement from agency management, reasonable completion dates, and a
process by which one or more parties may withdraw from the process or
the process may be terminated. Volunteers who agree to test a rule and
attempt to meet the requirements of the draft rule, to report
periodically to the proposing agency on the extent of their ability to
meet the requirements of the draft rule, and to make recommendations
for improving the draft rule shall not be obligated to comply fully
with the rule being tested nor be subject to any enforcement action or
other sanction for failing to comply with the requirements of the draft
rule.
(((2))) (3) An agency conducting a pilot rule project authorized
under subsection (((1))) (2) of this section may waive one or more
provisions of agency rules otherwise applicable to participants in such
a pilot project if the agency first determines that such a waiver is in
the public interest and necessary to conduct the project. Such a
waiver may be only for a stated period of time, not to exceed the
duration of the project.
(((3))) (4) The findings of the pilot project should be widely
shared and, where appropriate, adopted as amendments to the rule.
(((4))) (5) If an agency conducts a pilot rule project in lieu of
meeting the requirements of the regulatory fairness act, chapter 19.85
RCW, the agency shall ensure the following conditions are met:
(a) If over ten small businesses are affected, there shall be at
least ten small businesses in the test group and at least one-half of
the volunteers participating in the pilot test group shall be small
businesses.
(b)(i) If there are at least one hundred businesses affected, the
participation by small businesses in the test group shall be as
follows:
(A) Not less than twenty percent of the small businesses must
employ twenty-six to fifty employees;
(B) Not less than twenty percent of the small businesses must
employ eleven to twenty-six employees; and
(C) Not less than twenty percent of the small businesses must
employ zero to ten employees.
(ii) If there do not exist a sufficient number of small businesses
in each size category set forth in (b)(i) of this subsection willing to
participate in the pilot project to meet the minimum requirements of
that subsection, then the agency must comply with this section to the
maximum extent practicable.
(c) The agency may not terminate the pilot project before
completion.
(d) Before filing the notice of proposed rule making pursuant to
RCW 34.05.320, the agency must prepare a report of the pilot rule
project that includes:
(i) A description of the difficulties small businesses had in
complying with the pilot rule;
(ii) A list of the recommended revisions to the rule to make
compliance with the rule easier or to reduce the cost of compliance
with the rule by the small businesses participating in the pilot rule
project;
(iii) A written statement explaining the options it considered to
resolve each of the difficulties described and a statement explaining
its reasons for not including a recommendation by the pilot test group
to revise the rule; and
(iv) If the agency was unable to meet the requirements set forth in
(b)(i) of this subsection, a written explanation of why it was unable
to do so and the steps the agency took to include small businesses in
the pilot project.
Sec. 6 RCW 34.05.320 and 2004 c 31 s 2 are each amended to read
as follows:
(1) The provisions of this section are subject to section 3 of this
act.
(2) 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 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
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 citation to such law or
court decision;
(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 copy of the small business economic impact statement prepared
under chapter 19.85 RCW, or an explanation for why the agency did not
prepare the statement;
(k) A statement indicating whether RCW 34.05.328 applies to the
rule adoption; and
(l) If RCW 34.05.328 does apply, a statement indicating that a copy
of the preliminary cost-benefit analysis described in RCW
34.05.328(((1))) (2)(c) is available.
(((2))) (3)(a) 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. Except as provided in (b) of
this subsection, the agency shall forward three copies of the notice to
the rules review committee.
(b) A pilot of at least ten agencies, including the departments of
labor and industries, fish and wildlife, revenue, ecology, retirement
systems, and health, shall file the copies required under this
subsection, as well as under RCW 34.05.350 and 34.05.353, with the
rules review committee electronically for a period of four years from
June 10, 2004. The office of regulatory assistance shall negotiate the
details of the pilot among the agencies, the legislature, and the code
reviser.
(((3))) (4) No later than three days after its publication in the
state register, the agency shall cause either a copy of the notice of
proposed rule adoption, or a summary of the information contained on
the notice, to be mailed to each person, city, and county that has made
a request to the agency for a mailed copy of such notices. An agency
may charge for the actual cost of providing a requesting party mailed
copies of these notices.
(((4))) (5) In addition to the notice required by subsections
(((1))) (2) and (((2))) (3) 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.
Sec. 7 RCW 34.05.328 and 2011 c 298 s 21 and 2011 c 149 s 1 are
each reenacted and amended to read as follows:
(1) The provisions of this section are subject to section 3 of this
act.
(2) Before adopting a rule described in subsection (((5))) (7) of
this section, an agency must:
(a) Clearly state in detail the general goals and specific
objectives of the statute that the rule implements;
(b) Determine that the rule is needed to achieve the general goals
and specific objectives stated under (a) of this subsection, and
analyze alternatives to rule making and the consequences of not
adopting the rule;
(c) Provide notification in the notice of proposed rule making
under RCW 34.05.320 that a preliminary cost-benefit analysis is
available. The preliminary cost-benefit analysis must fulfill the
requirements of the cost-benefit analysis under (d) of this subsection.
If the agency files a supplemental notice under RCW 34.05.340, the
supplemental notice must include notification that a revised
preliminary cost-benefit analysis is available. A final cost-benefit
analysis must be available when the rule is adopted under RCW
34.05.360;
(d) Determine that the probable benefits of the rule are greater
than its probable costs, taking into account both the qualitative and
quantitative benefits and costs and the specific directives of the
statute being implemented;
(e) Determine, after considering alternative versions of the rule
and the analysis required under (b), (c), and (d) of this subsection,
that the rule being adopted is the least burdensome alternative for
those required to comply with it that will achieve the general goals
and specific objectives stated under (a) of this subsection;
(f) Determine that the rule does not require those to whom it
applies to take an action that violates requirements of another federal
or state law;
(g) Determine that the rule does not impose more stringent
performance requirements on private entities than on public entities
unless required to do so by federal or state law;
(h) Determine if the rule differs from any federal regulation or
statute applicable to the same activity or subject matter and, if so,
determine that the difference is justified by the following:
(i) A state statute that explicitly allows the agency to differ
from federal standards; or
(ii) Substantial evidence that the difference is necessary to
achieve the general goals and specific objectives stated under (a) of
this subsection; ((and))
(i) Coordinate the rule, to the maximum extent practicable, with
other federal, state, and local laws applicable to the same activity or
subject matter; and
(j) Receive the governor's signature on the final rule.
(((2))) (3) In making its determinations pursuant to subsection
(((1))) (2)(b) through (h) of this section, the agency must place in
the rule-making file documentation of sufficient quantity and quality
so as to persuade a reasonable person that the determinations are
justified.
(((3))) (4) Before adopting rules described in subsection (((5)))
(7) of this section, an agency must place in the rule-making file a
rule implementation plan for rules filed under each adopting order.
The plan must describe how the agency intends to:
(a) Implement and enforce the rule, including a description of the
resources the agency intends to use;
(b) Inform and educate affected persons about the rule;
(c) Promote and assist voluntary compliance; and
(d) Evaluate whether the rule achieves the purpose for which it was
adopted, including, to the maximum extent practicable, the use of
interim milestones to assess progress and the use of objectively
measurable outcomes.
(((4))) (6) The adoption of rules described in subsection (7) of
this section must be made before December 1st of any year, and the
rules may not take effect before the end of the regular legislative
session in the next year.
(7) After adopting a rule described in subsection (((5))) (7) of
this section regulating the same activity or subject matter as another
provision of federal or state law, an agency must do all of the
following:
(a) Coordinate implementation and enforcement of the rule with the
other federal and state entities regulating the same activity or
subject matter by making every effort to do one or more of the
following:
(i) Deferring to the other entity;
(ii) Designating a lead agency; or
(iii) Entering into an agreement with the other entities specifying
how the agency and entities will coordinate implementation and
enforcement.
If the agency is unable to comply with this subsection (((4)))
(6)(a), the agency must report to the legislature pursuant to (b) of
this subsection;
(b) Report to the joint administrative rules review committee:
(i) The existence of any overlap or duplication of other federal or
state laws, any differences from federal law, and any known overlap,
duplication, or conflict with local laws; and
(ii) Make recommendations for any legislation that may be necessary
to eliminate or mitigate any adverse effects of such overlap,
duplication, or difference.
(((5))) (7)(a) Except as provided in (b) of this subsection, this
section applies to:
(i) Significant legislative rules of the departments of ecology,
labor and industries, health, revenue, social and health services, and
natural resources, the employment security department, the forest
practices board, the office of the insurance commissioner, and to the
legislative rules of the department of fish and wildlife implementing
chapter 77.55 RCW; and
(ii) Any rule of any agency, if this section is voluntarily made
applicable to the rule by the agency, or is made applicable to the rule
by a majority vote of the joint administrative rules review committee
within forty-five days of receiving the notice of proposed rule making
under RCW 34.05.320.
(b) This section does not apply to:
(i) Emergency rules adopted under RCW 34.05.350;
(ii) Rules relating only to internal governmental operations that
are not subject to violation by a nongovernment party;
(iii) Rules adopting or incorporating by reference without material
change federal statutes or regulations, Washington state statutes,
rules of other Washington state agencies, shoreline master programs
other than those programs governing shorelines of statewide
significance, or, as referenced by Washington state law, national
consensus codes that generally establish industry standards, if the
material adopted or incorporated regulates the same subject matter and
conduct as the adopting or incorporating rule;
(iv) Rules that only correct typographical errors, make address or
name changes, or clarify language of a rule without changing its
effect;
(v) Rules the content of which is explicitly and specifically
dictated by statute;
(vi) Rules that set or adjust fees under the authority of RCW
19.02.075 or that set or adjust fees or rates pursuant to legislative
standards, including fees set or adjusted under the authority of RCW
19.80.045;
(vii) Rules of the department of social and health services
relating only to client medical or financial eligibility and rules
concerning liability for care of dependents; or
(viii) Rules of the department of revenue that adopt a uniform
expiration date for reseller permits as authorized in RCW 82.32.780 and
82.32.783.
(c) For purposes of this subsection:
(i) A "procedural rule" is a rule that adopts, amends, or repeals
(A) any procedure, practice, or requirement relating to any agency
hearings; (B) any filing or related process requirement for making
application to an agency for a license or permit; or (C) any policy
statement pertaining to the consistent internal operations of an
agency.
(ii) An "interpretive rule" is a rule, the violation of which does
not subject a person to a penalty or sanction, that sets forth the
agency's interpretation of statutory provisions it administers.
(iii) A "significant legislative rule" is a rule other than a
procedural or interpretive rule that (A) adopts substantive provisions
of law pursuant to delegated legislative authority, the violation of
which subjects a violator of such rule to a penalty or sanction; (B)
establishes, alters, or revokes any qualification or standard for the
issuance, suspension, or revocation of a license or permit; or (C)
adopts a new, or makes significant amendments to, a policy or
regulatory program.
(d) In the notice of proposed rule making under RCW 34.05.320, an
agency must state whether this section applies to the proposed rule
pursuant to (a)(i) of this subsection, or if the agency will apply this
section voluntarily.
(((6))) (8) By January 31, 1996, and by January 31st of each even-numbered year thereafter, the office of regulatory assistance, after
consulting with state agencies, counties, and cities, and business,
labor, and environmental organizations, must report to the governor and
the legislature regarding the effects of this section on the regulatory
system in this state. The report must document:
(a) The rules proposed to which this section applied and to the
extent possible, how compliance with this section affected the
substance of the rule, if any, that the agency ultimately adopted;
(b) The costs incurred by state agencies in complying with this
section;
(c) Any legal action maintained based upon the alleged failure of
any agency to comply with this section, the costs to the state of such
action, and the result;
(d) The extent to which this section has adversely affected the
capacity of agencies to fulfill their legislatively prescribed mission;
(e) The extent to which this section has improved the acceptability
of state rules to those regulated; and
(f) Any other information considered by the office of financial
management to be useful in evaluating the effect of this section.
NEW SECTION. Sec. 8 The legislature finds that many citizens,
employers, and local governments are struggling with nonemergency
regulatory burdens resulting in the loss of time, resources, employees,
and the ability to create job growth. At a time when state agencies
should be looking for ways to reduce the negative impacts of
nonemergency rules, they continue to produce a flow of new and
unnecessary changes to the Washington Administrative Code that are
stunting economic recovery in Washington state.
The citizens of Washington state elect state lawmakers to represent
them and, in turn, hold them accountable for their actions and the
outcomes of state government. If state agencies are placing costly
nonemergency regulatory burdens on citizens, it is the duty of state
lawmakers to address these problems directly within the legislative
process.
The governor has acknowledged, through Executive Order 10-06,
"Suspending Non-Critical Rule Development and Adoption," that "in a
time of severe budget constraints, small businesses and governments
find it more difficult to monitor and respond to proposed changes in
rules and policies" and "a stable and predictable regulatory and policy
environment will conserve resources for small businesses and local
governments and promote economic recovery."
State agencies currently must provide economic impact statements in
a select few instances under the regulatory fairness act. In 2011, an
estimated thirty statements were filed with the code reviser's office
despite the fact that there were thousands of changes to rules. The
system is set up so that even if there are economic and time burdens
placed on citizens, employers, or local governments, state agencies may
still go forward and enact the rules. This is detrimental to the
economic growth of Washington state.
The legislature intends to prevent regulatory bodies from having
the authority to place costly burdens on citizens, employers, and local
governments that will further damage Washington state's economy.
NEW SECTION. Sec. 9 A new section is added to chapter 34.05 RCW
to read as follows:
(1) Before adoption of a rule, an agency must determine whether
compliance with the rule will result in a specified economic impact.
If the agency determines that a rule will result in a specified
economic impact, the agency must provide notification and may not
enforce the rule until the rule is enacted into law by the legislature.
(2) Not later than one hundred eighty days after the effective date
of this section, and annually thereafter, each agency shall determine
whether any of its rules has resulted in a specified economic impact in
the preceding year. If such a determination is made, the agency must
provide notification, and may no longer enforce the rule until the rule
is enacted into law by the legislature.
(3)(a) For purposes of this section, "provide notification" means
transmit the proposed or existing rule determined to result in a
specified economic impact and the findings supporting such a
determination, including relevant public comments in the case of a
proposed rule, to the code reviser for publication in the state
register and to the appropriate committees of the senate and the house
of representatives.
(b) For purposes of this section, "specified economic impact" means
any of the following:
(i) Costs to any individual of one thousand dollars or more in a
year; or
(ii) Costs to any business, partnership, corporation, association,
or public or private organization, but not including state government,
of five thousand dollars or more in a year.
(4) Any person may commence an action in the superior court either
for an injunction or writ of mandamus for compliance of this section.
NEW SECTION. Sec. 10 The legislature finds that there have been
instances where regulatory agencies discovered actions by a regulated
entity that are in error after reports have been accepted and approved
or inspections have been conducted and approved. Retroactively
applying fines after governmental approval creates an unfriendly
business environment and can place unexpected financial burdens on
businesses. Businesses should be able to rely on government approval
and acceptance of reports and inspections and not risk penalties when
mistakes are made by government personnel or contractors. It is the
intent of the legislature that regulated parties who have received
acceptance and approval by the regulating government authority should
not be subsequently fined or penalized, but should be encouraged to
correct action that is deemed in error or violates reporting or
inspection requirements during the next reporting period. The
regulating authority should notify the regulated party of the violation
to prevent future violations.
NEW SECTION. Sec. 11 A new section is added to chapter 34.05 RCW
to read as follows:
(1) An agency may not issue a fine or impose a penalty on a person
if:
(a) An inspection is approved by an official of the agency
requiring the inspection and a subsequent reevaluation of the approved
inspection by the regulating agency identifies a violation by the
regulated party; or
(b) Documentation required under an agency's reporting requirements
is submitted to the agency by a regulated party and is accepted and
approved by the regulating agency and a subsequent reevaluation of the
approved documentation identifies a violation based on failure to
provide required documentation or information.
(2) A rule adopted under this chapter may not authorize the
imposition of a civil fine on a person based on the following
circumstances if:
(a) An inspection is approved by an official of the agency
requiring the inspection and a subsequent reevaluation of the approved
inspection by the regulating agency identifies a violation by the
regulated party; or
(b) Documentation required under an agency's reporting requirements
is submitted to the agency by a regulated party and is accepted and
approved by the regulating agency and a subsequent reevaluation of the
approved documentation identifies a violation based on failure to
provide required documentation or information.
(3) Violations identified after an inspection or documentation has
been approved may be remedied through technical assistance provided to
the regulated party allowing correction of the circumstances of the
violation for future reporting periods or inspections.
Sec. 12 RCW 34.05.570 and 2004 c 30 s 1 are each amended to read
as follows:
(1) Generally. Except to the extent that this chapter or another
statute provides otherwise:
(a) The burden of demonstrating the invalidity of agency action is
on the party asserting invalidity;
(b) The validity of agency action shall be determined in accordance
with the standards of review provided in this section, as applied to
the agency action at the time it was taken;
(c) The court shall make a separate and distinct ruling on each
material issue on which the court's decision is based; and
(d) The court shall grant relief only if it determines that a
person seeking judicial relief has been substantially prejudiced by the
action complained of.
(2) Review of rules. (a) A rule may be reviewed by petition for
declaratory judgment filed pursuant to this subsection or in the
context of any other review proceeding under this section. In an
action challenging the validity of a rule, the agency shall be made a
party to the proceeding.
(b)(((i))) The validity of any rule may be determined upon petition
for a declaratory judgment addressed to the superior court of Thurston
county, when it appears that the rule, or its threatened application,
interferes with or impairs or immediately threatens to interfere with
or impair the legal rights or privileges of the petitioner. The
declaratory judgment order may be entered whether or not the petitioner
has first requested the agency to pass upon the validity of the rule in
question.
(((ii) From June 10, 2004, until July 1, 2008:)) (i) If the petitioner's residence or principal place of
business is within the geographical boundaries of the third division of
the court of appeals as defined by RCW 2.06.020(3), the petition may be
filed in the superior court of Spokane, Yakima, or Thurston county; and
(A)
(((B))) (ii) If the petitioner's residence or principal place of
business is within the geographical boundaries of district three of the
first division of the court of appeals as defined by RCW 2.06.020(1),
the petition may be filed in the superior court of Whatcom or Thurston
county.
(c) In a proceeding involving review of a rule, the court shall
declare the rule invalid only if it finds that: The rule violates
constitutional provisions; the rule exceeds the statutory authority of
the agency; the rule was adopted without compliance with statutory
rule-making procedures; or the rule is arbitrary and capricious. For
purposes of this subsection, in determining whether a rule exceeds the
agency's statutory authority, the court must also consider whether the
rule exceeds the limited delegation under section 48 of this act.
(3) Review of agency orders in adjudicative proceedings. The court
shall grant relief from an agency order in an adjudicative proceeding
only if it determines that:
(a) The order, or the statute or rule on which the order is based,
is in violation of constitutional provisions on its face or as applied;
(b) The order is outside the statutory authority or jurisdiction of
the agency conferred by any provision of law;
(c) The agency has engaged in unlawful procedure or decision-making
process, or has failed to follow a prescribed procedure;
(d) The agency has erroneously interpreted or applied the law;
(e) The order is not supported by evidence that is substantial when
viewed in light of the whole record before the court, which includes
the agency record for judicial review, supplemented by any additional
evidence received by the court under this chapter;
(f) The agency has not decided all issues requiring resolution by
the agency;
(g) A motion for disqualification under RCW 34.05.425 or 34.12.050
was made and was improperly denied or, if no motion was made, facts are
shown to support the grant of such a motion that were not known and
were not reasonably discoverable by the challenging party at the
appropriate time for making such a motion;
(h) The order is inconsistent with a rule of the agency unless the
agency explains the inconsistency by stating facts and reasons to
demonstrate a rational basis for inconsistency; or
(i) The order is arbitrary or capricious.
(4) Review of other agency action.
(a) All agency action not reviewable under subsection (2) or (3) of
this section shall be reviewed under this subsection.
(b) A person whose rights are violated by an agency's failure to
perform a duty that is required by law to be performed may file a
petition for review pursuant to RCW 34.05.514, seeking an order
pursuant to this subsection requiring performance. Within twenty days
after service of the petition for review, the agency shall file and
serve an answer to the petition, made in the same manner as an answer
to a complaint in a civil action. The court may hear evidence,
pursuant to RCW 34.05.562, on material issues of fact raised by the
petition and answer.
(c) Relief for persons aggrieved by the performance of an agency
action, including the exercise of discretion, or an action under (b) of
this subsection can be granted only if the court determines that the
action is:
(i) Unconstitutional;
(ii) Outside the statutory authority of the agency or the authority
conferred by a provision of law;
(iii) Arbitrary or capricious; or
(iv) Taken by persons who were not properly constituted as agency
officials lawfully entitled to take such action.
Sec. 13 RCW 28A.300.040 and 2011 1st sp.s. c 43 s 302 are each
amended to read as follows:
(1) In addition to any other powers and duties as provided by law,
the powers and duties of the superintendent of public instruction shall
be:
(((1))) (a) To have supervision over all matters pertaining to the
public schools of the state;
(((2))) (b) To report to the governor and the legislature such
information and data as may be required for the management and
improvement of the schools;
(((3))) (c) To prepare and have printed such forms, registers,
courses of study, rules for the government of the common schools, and
such other material and books as may be necessary for the discharge of
the duties of teachers and officials charged with the administration of
the laws relating to the common schools, and to distribute the same to
educational service district superintendents;
(((4))) (d) To travel, without neglecting his or her other official
duties as superintendent of public instruction, for the purpose of
attending educational meetings or conventions, of visiting schools, and
of consulting educational service district superintendents or other
school officials;
(((5))) (e) To prepare and from time to time to revise a manual of
the Washington state common school code, copies of which shall be made
available online and which shall be sold at approximate actual cost of
publication and distribution per volume to public and nonpublic
agencies or individuals, said manual to contain Titles 28A and 28C RCW,
rules related to the common schools, and such other matter as the state
superintendent or the state board of education shall determine;
(((6))) (f) To file all papers, reports and public documents
transmitted to the superintendent by the school officials of the
several counties or districts of the state, each year separately.
Copies of all papers filed in the superintendent's office, and the
superintendent's official acts, may, or upon request, shall be
certified by the superintendent and attested by the superintendent's
official seal, and when so certified shall be evidence of the papers or
acts so certified to;
(((7))) (g) To require annually, on or before the 15th day of
August, of the president, manager, or principal of every educational
institution in this state, a report as required by the superintendent
of public instruction; and it is the duty of every president, manager,
or principal, to complete and return such forms within such time as the
superintendent of public instruction shall direct;
(((8))) (h) To keep in the superintendent's office a record of all
teachers receiving certificates to teach in the common schools of this
state;
(((9))) (i) To issue certificates as provided by law;
(((10))) (j) To keep in the superintendent's office at the capital
of the state, all books and papers pertaining to the business of the
superintendent's office, and to keep and preserve in the
superintendent's office a complete record of statistics, as well as a
record of the meetings of the state board of education;
(((11))) (k) With the assistance of the office of the attorney
general, to decide all points of law which may be submitted to the
superintendent in writing by any educational service district
superintendent, or that may be submitted to the superintendent by any
other person, upon appeal from the decision of any educational service
district superintendent; and the superintendent shall publish his or
her rulings and decisions from time to time for the information of
school officials and teachers; and the superintendent's decision shall
be final unless set aside by a court of competent jurisdiction;
(((12))) (l) To administer oaths and affirmations in the discharge
of the superintendent's official duties;
(((13))) (m) To deliver to his or her successor, at the expiration
of the superintendent's term of office, all records, books, maps,
documents and papers of whatever kind belonging to the superintendent's
office or which may have been received by the superintendent's for the
use of the superintendent's office;
(((14))) (n) To administer family services and programs to promote
the state's policy as provided in RCW 74.14A.025;
(((15))) (o) To promote the adoption of school-based curricula and
policies that provide quality, daily physical education for all
students, and to encourage policies that provide all students with
opportunities for physical activity outside of formal physical
education classes;
(((16))) (p) To perform such other duties as may be required by
law.
(2) For rules adopted under the provisions of this chapter after
August 1, 2012, the superintendent of public instruction may adopt only
rules derived from a specific grant of legislative authority. The
rules must include the specific statutory section or sections from
which the grant of authority is derived, and may not rely solely on a
section of law stating a statute's intent or purpose or the general
enabling provisions establishing the office of the superintendent of
public instruction.
Sec. 14 RCW 41.50.050 and 1995 c 239 s 317 are each amended to
read as follows:
The director shall:
(1) Have the authority to organize the department into not more
than four divisions, each headed by an assistant director;
(2) Have free access to all files and records of various funds
assigned to the department and inspect and audit the files and records
as deemed necessary;
(3) Employ personnel to carry out the general administration of the
department;
(4) Submit an annual written report of the activities of the
department to the governor and the chairs of the appropriate
legislative committees with one copy to the staff of each of the
committees, including recommendations for statutory changes the
director believes to be desirable;
(5) Adopt ((such)) rules ((and regulations)) as are necessary to
carry out the powers, duties, and functions of the department pursuant
to the provisions of chapter 34.05 RCW. For rules adopted under the
provisions of this chapter after August 1, 2012, the director may adopt
only rules derived from a specific grant of legislative authority. The
rules must include the specific statutory section or sections from
which the grant of authority is derived, and may not rely solely on a
section of law stating a statute's intent or purpose or the general
enabling provisions establishing the department.
Sec. 15 RCW 43.06A.030 and 1996 c 131 s 4 are each amended to
read as follows:
The ombudsman shall perform the following duties:
(1) Provide information as appropriate on the rights and
responsibilities of individuals receiving family and children's
services, and on the procedures for providing these services;
(2) Investigate, upon his or her own initiative or upon receipt of
a complaint, an administrative act alleged to be contrary to law, rule,
or policy, imposed without an adequate statement of reason, or based on
irrelevant, immaterial, or erroneous grounds; however, the ombudsman
may decline to investigate any complaint as provided by rules adopted
under this chapter;
(3) Monitor the procedures as established, implemented, and
practiced by the department to carry out its responsibilities in
delivering family and children's services with a view toward
appropriate preservation of families and ensuring children's health and
safety;
(4) Review periodically the facilities and procedures of state
institutions serving children, and state-licensed facilities or
residences;
(5) Recommend changes in the procedures for addressing the needs of
families and children;
(6) Submit annually to the committee and to the governor by
November 1st a report analyzing the work of the office including
recommendations;
(7) Grant the committee access to all relevant records in the
possession of the ombudsman unless prohibited by law; and
(8) Adopt rules necessary to implement this chapter. For rules
adopted under the provisions of this chapter after August 1, 2012, the
ombudsman may adopt only rules derived from a specific grant of
legislative authority. The rules must include the specific statutory
section or sections from which the grant of authority is derived, and
may not rely solely on a section of law stating a statute's intent or
purpose or the general enabling provisions establishing the department
or the ombudsman's office.
NEW SECTION. Sec. 16 A new section is added to chapter 43.17 RCW
to read as follows:
For rules adopted under the provisions of this chapter after August
1, 2012, the director of each department may adopt only rules derived
from a specific grant of legislative authority. The rules must include
the specific statutory section or sections from which the grant of
authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing each department.
Sec. 17 RCW 43.19.011 and 2011 1st sp.s. c 43 s 201 are each
amended to read as follows:
(1) The director of enterprise services shall supervise and
administer the activities of the department of enterprise services and
shall advise the governor and the legislature with respect to matters
under the jurisdiction of the department.
(2) In addition to other powers and duties granted to the director,
the director shall have the following powers and duties:
(a) Enter into contracts on behalf of the state to carry out the
purposes of this chapter;
(b) Accept and expend gifts and grants that are related to the
purposes of this chapter, whether such grants be of federal or other
funds;
(c) Appoint deputy and assistant directors and such other special
assistants as may be needed to administer the department. These
employees are exempt from the provisions of chapter 41.06 RCW;
(d) Adopt rules in accordance with chapter 34.05 RCW and perform
all other functions necessary and proper to carry out the purposes of
this chapter. For rules adopted under the provisions of this chapter
after August 1, 2012, the director may adopt only rules derived from a
specific grant of legislative authority. The rules must include the
specific statutory section or sections from which the grant of
authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the department;
(e) Delegate powers, duties, and functions as the director deems
necessary for efficient administration, but the director shall be
responsible for the official acts of the officers and employees of the
department;
(f) Apply for grants from public and private entities, and receive
and administer any grant funding received for the purpose and intent of
this chapter; and
(g) Perform other duties as are necessary and consistent with law.
(3) The director may establish additional advisory groups as may be
necessary to carry out the purposes of this chapter.
Sec. 18 RCW 43.21A.064 and 1997 c 443 s 2 are each amended to
read as follows:
Subject to RCW 43.21A.068, the director of the department of
ecology shall have the following powers and duties:
(1) The supervision of public waters within the state and their
appropriation, diversion, and use, and of the various officers
connected therewith;
(2) Insofar as may be necessary to ((assure)) ensure safety to life
or property, the director shall inspect the construction of all dams,
canals, ditches, irrigation systems, hydraulic power plants, and all
other works, systems, and plants pertaining to the use of water, and
may require such necessary changes in the construction or maintenance
of said works, to be made from time to time, as will reasonably secure
safety to life and property;
(3) The director shall regulate and control the diversion of water
in accordance with the rights thereto;
(4) The director shall determine the discharge of streams and
springs and other sources of water supply, and the capacities of lakes
and of reservoirs whose waters are being or may be utilized for
beneficial purposes;
(5) The director shall, if requested, provide assistance to an
applicant for a water right in obtaining or developing an adequate and
appropriate supply of water consistent with the land use permitted for
the area in which the water is to be used and the population forecast
for the area under RCW 43.62.035. If the applicant is a public water
supply system, the supply being sought must be used in a manner
consistent with applicable land use, watershed and water system plans,
and the population forecast for that area provided under RCW 43.62.035;
(6) The director shall keep such records as may be necessary for
the recording of the financial transactions and statistical data
thereof, and shall procure all necessary documents, forms, and blanks.
The director shall keep a seal of the office, and all certificates
covering any of the director's acts or the acts of the director's
office, or the records and files of that office, under such seal, shall
be taken as evidence thereof in all courts;
(7) The director shall render when required by the governor, a full
written report of the office's work with such recommendations for
legislation as the director deems advisable for the better control and
development of the water resources of the state;
(8) The director and duly authorized deputies may administer oaths;
(9) The director shall establish and ((promulgate)) adopt rules
governing the administration of chapter 90.03 RCW. For rules adopted
under the provisions of this chapter after August 1, 2012, the director
may adopt only rules derived from a specific grant of legislative
authority. The rules must include the specific statutory section or
sections from which the grant of authority is derived, and may not rely
solely on a section of law stating a statute's intent or purpose or the
general enabling provisions establishing the department;
(10) The director shall perform such other duties as may be
prescribed by law.
Sec. 19 RCW 43.24.016 and 1999 c 240 s 4 are each amended to read
as follows:
(1) The director of licensing shall supervise and administer the
activities of the department of licensing and shall advise the governor
and the legislature with respect to matters under the jurisdiction of
the department.
(2) In addition to other powers and duties granted to the director,
the director has the following powers and duties:
(a) Enter into contracts on behalf of the state to carry out the
responsibilities of the department;
(b) Accept and expend gifts and grants, whether such grants be of
federal or other funds;
(c) Appoint a deputy director and such assistant directors, special
assistants, and administrators as may be needed to administer the
department. These employees are exempt from the provisions of chapter
41.06 RCW;
(d) Adopt rules in accordance with chapter 34.05 RCW and perform
all other functions necessary to carry out the responsibilities of the
department. For rules adopted under the provisions of this chapter
after August 1, 2012, the director may adopt only rules derived from a
specific grant of legislative authority. The rules must include the
specific statutory section or sections from which the grant of
authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the department;
(e) Delegate powers, duties, and functions as the director deems
necessary for efficient administration, but the director is responsible
for the official acts of the officers and employees of the department;
and
(f) Perform other duties as are necessary and consistent with law.
(3) The director may establish advisory groups as may be necessary
to carry out the responsibilities of the department.
(4) The internal affairs of the department shall be under the
control of the director in order that the director may manage the
department in a flexible and intelligent manner as dictated by changing
contemporary circumstances. Unless specifically limited by law, the
director shall have complete charge and supervisory powers over the
department. The director may create such administrative structures as
the director deems appropriate, except as otherwise specified by law,
and the director may employ such personnel as may be necessary in
accordance with chapter 41.06 RCW, except as otherwise provided by law.
Sec. 20 RCW 43.27A.090 and 1988 c 127 s 25 are each amended to
read as follows:
The department shall be empowered as follows:
(1) To represent the state at, and fully participate in, the
activities of any basin or regional commission, interagency committee,
or any other joint interstate or federal-state agency, committee or
commission, or publicly financed entity engaged in the planning,
development, administration, management, conservation or preservation
of the water resources of the state.
(2) To prepare the views and recommendations of the state of
Washington on any project, plan or program relating to the planning,
development, administration, management, conservation and preservation
of any waters located in or affecting the state of Washington,
including any federal permit or license proposal, and appear on behalf
of, and present views and recommendations of the state at any
proceeding, negotiation or hearing conducted by the federal government,
interstate agency, state or other agency.
(3) To cooperate with, assist, advise and coordinate plans with the
federal government and its officers and agencies, and serve as a state
liaison agency with the federal government in matters relating to the
use, conservation, preservation, quality, disposal or control of water
and activities related thereto.
(4) To cooperate with appropriate agencies of the federal
government and/or agencies of other states, to enter into contracts,
and to make appropriate contributions to federal or interstate projects
and programs and governmental bodies to carry out the provisions of
this chapter.
(5) To apply for, accept, administer and expend grants, gifts and
loans from the federal government or any other entity to carry out the
purposes of this chapter and make contracts and do such other acts as
are necessary insofar as they are not inconsistent with other
provisions hereof.
(6) To develop and maintain a coordinated and comprehensive state
water and water resources related development plan, and adopt, with
regard to such plan, such policies as are necessary to ((insure))
ensure that the waters of the state are used, conserved and preserved
for the best interest of the state. There shall be included in the
state plan a description of developmental objectives and a statement of
the recommended means of accomplishing these objectives. To the extent
the director deems desirable, the plan shall integrate into the state
plan, the plans, programs, reports, research and studies of other state
agencies.
(7) To assemble and correlate information relating to water supply,
power development, irrigation, watersheds, water use, future
possibilities of water use and prospective demands for all purposes
served through or affected by water resources development.
(8) To assemble and correlate state, local and federal laws,
regulations, plans, programs and policies affecting the beneficial use,
disposal, pollution, control or conservation of water, river basin
development, flood prevention, parks, reservations, forests, wildlife
refuges, drainage and sanitary systems, waste disposal, water works,
watershed protection and development, soil conservation, power
facilities and area and municipal water supply needs, and recommend
suitable legislation or other action to the legislature, the congress
of the United States, or any city, municipality, or to responsible
state, local or federal executive departments or agencies.
(9) To cooperate with federal, state, regional, interstate and
local public and private agencies in the making of plans for drainage,
flood control, use, conservation, allocation and distribution of
existing water supplies and the development of new water resource
projects.
(10) To encourage, assist and advise regional, and city and
municipal agencies, officials or bodies responsible for planning in
relation to water aspects of their programs, and coordinate local water
resources activities, programs, and plans.
(11) To ((promulgate such)) adopt rules ((and regulations)) as are
necessary to carry out the purposes of this chapter. For rules adopted
under the provisions of this chapter after August 1, 2012, the
department may adopt only rules derived from a specific grant of
legislative authority. The rules must include the specific statutory
section or sections from which the grant of authority is derived, and
may not rely solely on a section of law stating a statute's intent or
purpose or the general enabling provisions establishing the department.
(12) To hold public hearings, and make such investigations, studies
and surveys as are necessary to carry out the purposes of the chapter.
(13) To subpoena witnesses, compel their attendance, administer
oaths, take the testimony of any person under oath and require the
production of any books or papers when the department deems such
measures necessary in the exercise of its rule-making power or in
determining whether or not any license, certificate, or permit shall be
granted or extended.
Sec. 21 RCW 43.30.215 and 2011 c 355 s 1 are each amended to read
as follows:
The board shall:
(1) Perform duties relating to appraisal, appeal, approval, and
hearing functions as provided by law;
(2) Establish policies to ensure that the acquisition, management,
and disposition of all lands and resources within the department's
jurisdiction are based on sound principles designed to achieve the
maximum effective development and use of such lands and resources
consistent with laws applicable thereto;
(3) Constitute the board of appraisers provided for in Article 16,
section 2 of the state Constitution;
(4) Constitute the commission on harbor lines provided for in
Article 15, section 1 of the state Constitution as amended;
(5) Constitute the board on geographic names as provided for in RCW
43.30.291 through 43.30.295; and
(6) Adopt and enforce rules as may be deemed necessary and proper
for carrying out the powers, duties, and functions imposed upon it by
this chapter. For rules adopted under the provisions of this chapter
after August 1, 2012, the board may adopt only rules derived from a
specific grant of legislative authority. The rules must include the
specific statutory section or sections from which the grant of
authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the board or the department.
Sec. 22 RCW 43.31C.060 and 2000 c 212 s 7 are each amended to
read as follows:
The department must administer this chapter and has the following
powers and duties:
(1) To monitor the implementation of chapter 212, Laws of 2000 and
submit reports evaluating the effectiveness of the program and any
suggestions for legislative changes to the governor and legislature by
December 1, 2000;
(2) To develop evaluation and performance measures for local
governments to measure the effectiveness of the program at the local
level on meeting the objectives of this chapter;
(3) To provide information and appropriate assistance to persons
desiring to locate and operate a business in a community empowerment
zone;
(4) To work with appropriate state agencies to coordinate the
delivery of programs, including but not limited to housing, community
and economic development, small business assistance, social service,
and employment and training programs which are carried on in a
community empowerment zone; and
(5) To develop rules necessary for the administration of this
chapter. For rules adopted under the provisions of this chapter after
August 1, 2012, the department may adopt only rules derived from a
specific grant of legislative authority. The rules must include the
specific statutory section or sections from which the grant of
authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the department.
Sec. 23 RCW 43.33.040 and 2009 c 549 s 5112 are each amended to
read as follows:
The state finance committee may ((make)) adopt appropriate rules
((and regulations)) for the performance of its duties. The state
treasurer shall act as chair of the committee. For rules adopted under
the provisions of this chapter after August 1, 2012, the state finance
committee may adopt only rules derived from a specific grant of
legislative authority. The rules must include the specific statutory
section or sections from which the grant of authority is derived, and
may not rely solely on a section of law stating a statute's intent or
purpose or the general enabling provisions establishing the state
finance committee.
Sec. 24 RCW 43.33A.110 and 1994 c 154 s 310 are each amended to
read as follows:
The state investment board may ((make)) adopt appropriate rules
((and regulations)) for the performance of its duties. The board shall
establish investment policies and procedures designed exclusively to
maximize return at a prudent level of risk. However, in the case of
the department of labor and industries' accident, medical aid, and
reserve funds, the board shall establish investment policies and
procedures designed to attempt to limit fluctuations in industrial
insurance premiums and, subject to this purpose, to maximize return at
a prudent level of risk. The board shall adopt rules to ensure that
its members perform their functions in compliance with chapter 42.52
RCW. Rules adopted by the board shall be adopted pursuant to chapter
34.05 RCW.
For rules adopted under the provisions of this chapter after August
1, 2012, the state investment board may adopt only rules derived from
a specific grant of legislative authority. The rules must include the
specific statutory section or sections from which the grant of
authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the state investment board.
Sec. 25 RCW 43.59.070 and 1967 ex.s. c 147 s 8 are each amended
to read as follows:
The director shall be secretary of the commission and shall be
responsible for carrying into effect the commission's orders and rules
((and regulations promulgated)) adopted by the commission. The
director shall also be authorized to employ such staff as is necessary
pursuant to the provisions of chapter 41.06 RCW. The commission shall
adopt ((such)) rules ((and regulations)) as shall be necessary to carry
into effect the purposes of this chapter.
For rules adopted under the provisions of this chapter after August
1, 2012, the Washington state traffic safety commission may adopt only
rules derived from a specific grant of legislative authority. The
rules must include the specific statutory section or sections from
which the grant of authority is derived, and may not rely solely on a
section of law stating a statute's intent or purpose or the general
enabling provisions establishing the commission.
Sec. 26 RCW 43.61.040 and 1977 c 75 s 60 are each amended to read
as follows:
The director of veterans affairs shall ((make such)) adopt rules
((and regulations)) as may be necessary to carry out the purposes of
this chapter. For rules adopted under the provisions of this chapter
after August 1, 2012, the director of veterans affairs may adopt only
rules derived from a specific grant of legislative authority. The
rules must include the specific statutory section or sections from
which the grant of authority is derived, and may not rely solely on a
section of law stating a statute's intent or purpose or the general
enabling provisions establishing the department of veterans affairs.
The department shall furnish information, advice, and assistance to
veterans and coordinate all programs and services in the field of
veterans' claims service, education, health, vocational guidance and
placement, and services not provided by some other agency of the state
or by the federal government. The director shall submit a report of
the departments' activities hereunder each year to the governor.
Sec. 27 RCW 43.63A.475 and 1993 c 124 s 2 are each amended to
read as follows:
The department shall adopt all rules under chapter 34.05 RCW
necessary to implement chapter 124, Laws of 1993, giving due
consideration to standards and regulations adopted by the secretary of
housing and urban development under the National Manufactured Housing
Construction and Safety Standards Act of 1974 (800 Stat. 700; 42 U.S.C.
Secs. 5401-5426) for manufactured housing construction and safety
standards. For rules adopted under the provisions of this chapter
after August 1, 2012, the department of commerce may adopt only rules
derived from a specific grant of legislative authority. The rules must
include the specific statutory section or sections from which the grant
of authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the department of commerce.
Sec. 28 RCW 43.70.580 and 1995 c 43 s 3 are each amended to read
as follows:
The primary responsibility of the public health system, is to take
those actions necessary to protect, promote, and improve the health of
the population. In order to accomplish this, the department shall:
(1) Identify, as part of the public health improvement plan, the
key health outcomes sought for the population and the capacity needed
by the public health system to fulfill its responsibilities in
improving health outcomes.
(2)(a) Distribute state funds that, in conjunction with local
revenues, are intended to improve the capacity of the public health
system. The distribution methodology shall encourage system-wide
effectiveness and efficiency and provide local health jurisdictions
with the flexibility both to determine governance structures and
address their unique needs.
(b) Enter into with each local health jurisdiction performance-based contracts that establish clear measures of the degree to which
the local health jurisdiction is attaining the capacity necessary to
improve health outcomes. The contracts negotiated between the local
health jurisdictions and the department of health must identify the
specific measurable progress that local health jurisdictions will make
toward achieving health outcomes. A community assessment conducted by
the local health jurisdiction according to the public health
improvement plan, which shall include the results of the comprehensive
plan prepared according to RCW 70.190.130, will be used as the basis
for identifying the health outcomes. The contracts shall include
provisions to encourage collaboration among local health jurisdictions.
State funds shall be used solely to expand and complement, but not to
supplant city and county government support for public health programs.
(3) Develop criteria to assess the degree to which capacity is
being achieved and ensure compliance by public health jurisdictions.
(4) Adopt rules necessary to carry out the purposes of chapter 43,
Laws of 1995. For rules adopted under the provisions of this chapter
after August 1, 2012, the department may adopt only rules derived from
a specific grant of legislative authority. The rules must include the
specific statutory section or sections from which the grant of
authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the department.
(5) Biennially, within the public health improvement plan, evaluate
the effectiveness of the public health system, assess the degree to
which the public health system is attaining the capacity to improve the
status of the public's health, and report progress made by each local
health jurisdiction toward improving health outcomes.
Sec. 29 RCW 43.101.085 and 2006 c 22 s 1 are each amended to read
as follows:
In addition to its other powers granted under this chapter, the
commission has authority and power to:
(1) Adopt, amend, or repeal rules as necessary to carry out this
chapter. For rules adopted under the provisions of this chapter after
August 1, 2012, the commission may adopt only rules derived from a
specific grant of legislative authority. The rules must include the
specific statutory section or sections from which the grant of
authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the commission;
(2) Issue subpoenas and administer oaths in connection with
investigations, hearings, or other proceedings held under this chapter;
(3) Take or cause to be taken depositions and other discovery
procedures as needed in investigations, hearings, and other proceedings
held under this chapter;
(4) Appoint members of a hearings board as provided under RCW
43.101.380;
(5) Enter into contracts for professional services determined by
the commission to be necessary for adequate enforcement of this
chapter;
(6) Grant, deny, or revoke certification of peace officers under
the provisions of this chapter;
(7) Designate individuals authorized to sign subpoenas and
statements of charges under the provisions of this chapter;
(8) Employ such investigative, administrative, and clerical staff
as necessary for the enforcement of this chapter; and
(9) ((To)) Grant, deny, or revoke certification of tribal police
officers whose tribal governments have agreed to participate in the
tribal police officer certification process.
Sec. 30 RCW 43.115.040 and 2009 c 549 s 5170 are each amended to
read as follows:
The commission shall have the following powers and duties:
(1) Elect one of its members to serve as chair;
(2) Adopt rules ((and regulations)) pursuant to chapter 34.05 RCW.
For rules adopted under the provisions of this chapter after August 1,
2012, the commission may adopt only rules derived from a specific grant
of legislative authority. The rules must include the specific
statutory section or sections from which the grant of authority is
derived, and may not rely solely on a section of law stating a
statute's intent or purpose or the general enabling provisions
establishing the commission;
(3) Examine and define issues pertaining to the rights and needs of
Hispanics, and make recommendations to the governor and state agencies
for changes in programs and laws;
(4) Advise the governor and state agencies on the development and
implementation of policies, plans, and programs that relate to the
special needs of Hispanics;
(5) Advise the legislature on issues of concern to the Hispanic
community;
(6) Establish relationships with state agencies, local governments,
and private sector organizations that promote equal opportunity and
benefits for Hispanics; and
(7) Receive gifts, grants, and endowments from public or private
sources that are made for the use or benefit of the commission and
expend, without appropriation, the same or any income from the gifts,
grants, or endowments according to their terms.
Sec. 31 RCW 43.117.050 and 2009 c 549 s 5172 are each amended to
read as follows:
The commission shall:
(1) Elect one of its members to serve as chair; and also such other
officers as necessary to form an executive committee;
(2) Adopt rules ((and regulations)) pursuant to chapter 34.05 RCW.
For rules adopted under the provisions of this chapter after August 1,
2012, the commission may adopt only rules derived from a specific grant
of legislative authority. The rules must include the specific
statutory section or sections from which the grant of authority is
derived, and may not rely solely on a section of law stating a
statute's intent or purpose or the general enabling provisions
establishing the commission;
(3) Meet at the call of the chair or the call of a majority of its
members, but in no case less often than once during any three month
period;
(4) Be authorized to appoint such citizen task force as it deems
appropriate.
Sec. 32 RCW 43.155.040 and 1985 c 446 s 10 are each amended to
read as follows:
The board may:
(1) Accept from any state or federal agency, loans or grants for
the planning or financing of any public works project and enter into
agreements with any such agency concerning the loans or grants;
(2) Provide technical assistance to local governments;
(3) Accept any gifts, grants, or loans of funds, property, or
financial or other aid in any form from any other source on any terms
and conditions which are not in conflict with this chapter;
(4) Adopt rules under chapter 34.05 RCW as necessary to carry out
the purposes of this chapter. For rules adopted under the provisions
of this chapter after August 1, 2012, the board may adopt only rules
derived from a specific grant of legislative authority. The rules must
include the specific statutory section or sections from which the grant
of authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the board;
(5) Do all acts and things necessary or convenient to carry out the
powers expressly granted or implied under this chapter.
Sec. 33 RCW 43.160.050 and 2008 c 327 s 4 are each amended to
read as follows:
The board may:
(1) Adopt bylaws for the regulation of its affairs and the conduct
of its business.
(2) Adopt an official seal and alter the seal at its pleasure.
(3) Utilize the services of other governmental agencies.
(4) Accept from any federal agency loans or grants for the planning
or financing of any project and enter into an agreement with the agency
respecting the loans or grants.
(5) Conduct examinations and investigations and take testimony at
public hearings of any matter material for its information that will
assist in determinations related to the exercise of the board's lawful
powers.
(6) Accept any gifts, grants, or loans of funds, property, or
financial or other aid in any form from any other source on any terms
and conditions which are not in conflict with this chapter.
(7) Enter into agreements or other transactions with and accept
grants and the cooperation of any governmental agency in furtherance of
this chapter.
(8) Adopt rules under chapter 34.05 RCW as necessary to carry out
the purposes of this chapter. For rules adopted under the provisions
of this chapter after August 1, 2012, the board may adopt only rules
derived from a specific grant of legislative authority. The rules must
include the specific statutory section or sections from which the grant
of authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the board.
(9) Do all acts and things necessary or convenient to carry out the
powers expressly granted or implied under this chapter.
Sec. 34 RCW 43.163.100 and 1990 c 53 s 6 are each amended to read
as follows:
In addition to accomplishing the economic development finance
programs specifically authorized in this chapter, the authority may:
(1) Maintain an office or offices;
(2) Sue and be sued in its own name, and plead and be impleaded;
(3) Engage consultants, agents, attorneys, and advisers, contract
with federal, state, and local governmental entities for services, and
hire such employees, agents and other personnel as the authority deems
necessary, useful, or convenient to accomplish its purposes;
(4) Make and execute all manner of contracts, agreements and
instruments and financing documents with public and private parties as
the authority deems necessary, useful, or convenient to accomplish its
purposes;
(5) Acquire and hold real or personal property, or any interest
therein, in the name of the authority, and to sell, assign, lease,
encumber, mortgage, or otherwise dispose of the same in such manner as
the authority deems necessary, useful, or convenient to accomplish its
purposes;
(6) Open and maintain accounts in qualified public depositaries and
otherwise provide for the investment of any funds not required for
immediate disbursement, and provide for the selection of investments;
(7) Appear in its own behalf before boards, commissions,
departments, or agencies of federal, state, or local government;
(8) Procure such insurance in such amounts and from such insurers
as the authority deems desirable, including, but not limited to,
insurance against any loss or damage to its property or other assets,
public liability insurance for injuries to persons or property, and
directors and officers liability insurance;
(9) Apply for and accept subventions, grants, loans, advances, and
contributions from any source of money, property, labor, or other
things of value, to be held, used and applied as the authority deems
necessary, useful, or convenient to accomplish its purposes;
(10) Establish guidelines for the participation by eligible banking
organizations in programs conducted by the authority under this
chapter;
(11) Act as an agent, by agreement, for federal, state, or local
governmental entities to carry out the programs authorized in this
chapter;
(12) Establish, revise, and collect such fees and charges as the
authority deems necessary, useful, or convenient to accomplish its
purposes;
(13) Make such expenditures as are appropriate for paying the
administrative costs and expenses of the authority in carrying out the
provisions of this chapter: PROVIDED, That expenditures with respect
to the economic development financing programs of the authority shall
not be made from funds of the state;
(14) Establish such reserves and special funds, and controls on
deposits to and disbursements from them, as the authority deems
necessary, useful, or convenient to accomplish its purposes;
(15) Give assistance to public bodies by providing information,
guidelines, forms, and procedures for implementing their financing
programs;
(16) Prepare, publish and distribute, with or without charge, such
studies, reports, bulletins, and other material as the authority deems
necessary, useful, or convenient to accomplish its purposes;
(17) Delegate any of its powers and duties if consistent with the
purposes of this chapter;
(18) Adopt rules concerning its exercise of the powers authorized
by this chapter. For rules adopted under the provisions of this
chapter after August 1, 2012, the authority may adopt only rules
derived from a specific grant of legislative authority. The rules must
include the specific statutory section or sections from which the grant
of authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the authority; and
(19) Exercise any other power the authority deems necessary,
useful, or convenient to accomplish its purposes and exercise the
powers expressly granted in this chapter.
Sec. 35 RCW 43.180.040 and 1995 c 399 s 98 are each amended to
read as follows:
(1) There is ((hereby)) established a public body corporate and
politic, with perpetual corporate succession, to be known as the
Washington state housing finance commission. The commission is an
instrumentality of the state exercising essential government functions
and, for purposes of the code, acts as a constituted authority on
behalf of the state when it issues bonds pursuant to this chapter. The
commission is a "public body" within the meaning of RCW 39.53.010.
(2) The commission shall consist of the following voting members:
(a) The state treasurer, ex officio;
(b) The director of ((community, trade, and economic development))
commerce, ex officio;
(c) An elected local government official, ex officio, with
experience in local housing programs, who shall be appointed by the
governor with the consent of the senate;
(d) A representative of housing consumer interests, appointed by
the governor with the consent of the senate;
(e) A representative of labor interests, appointed by the governor,
with the consent of the senate, after consultation with representatives
of organized labor;
(f) A representative of low-income persons, appointed by the
governor with the consent of the senate;
(g) Five members of the public appointed by the governor, with the
consent of the senate, on the basis of geographic distribution and
their expertise in housing, real estate, finance, energy efficiency, or
construction, one of whom shall be appointed by the governor as chair
of the commission and who shall serve on the commission and as chair of
the commission at the pleasure of the governor.
The term of the persons appointed by the governor, other than the
chair, shall be four years from the date of their appointment, except
that the terms of three of the initial appointees shall be for two
years from the date of their appointment. The governor shall designate
the appointees who will serve the two-year terms. An appointee may be
removed by the governor for cause pursuant to RCW 43.06.070 and
43.06.080. The governor shall fill any vacancy in an appointed
position by appointment for the remainder of the unexpired term. If
the department of ((community development)) commerce is abolished, the
resulting vacancy shall be filled by a state official who shall be
appointed to the commission by the governor. If this official occupies
an office or position for which senate confirmation is not required,
then his or her appointment to the commission shall be subject to the
consent of the senate. The members of the commission shall be
compensated in accordance with RCW 43.03.240 and may be reimbursed,
solely from the funds of the commission, for expenses incurred in the
discharge of their duties under this chapter, subject to the provisions
of RCW 43.03.050 and 43.03.060. A majority of the commission
constitutes a quorum. Designees shall be appointed in such manner and
shall exercise such powers as are specified by the rules of the
commission.
(3) The commission may adopt an official seal and may select from
its membership a vice chair, a secretary, and a treasurer. The
commission shall establish rules concerning its exercise of the powers
authorized by this chapter. The rules shall be adopted in conformance
with chapter 34.05 RCW. For rules adopted under the provisions of this
chapter after August 1, 2012, the commission may adopt only rules
derived from a specific grant of legislative authority. The rules must
include the specific statutory section or sections from which the grant
of authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the commission.
Sec. 36 RCW 43.200.070 and 1989 c 322 s 5 are each amended to
read as follows:
The department of ecology shall adopt such rules as are necessary
to carry out responsibilities under this chapter. The department of
ecology is authorized to adopt such rules as are necessary to carry out
its responsibilities under chapter 43.145 RCW. For rules adopted under
the provisions of this chapter after August 1, 2012, the department of
ecology may adopt only rules derived from a specific grant of
legislative authority. The rules must include the specific statutory
section or sections from which the grant of authority is derived, and
may not rely solely on a section of law stating a statute's intent or
purpose or the general enabling provisions establishing the department
of ecology.
Sec. 37 RCW 43.210.060 and 1995 c 399 s 108 are each amended to
read as follows:
The department of ((community, trade, and economic development or
its statutory successor)) commerce shall adopt rules under chapter
34.05 RCW as necessary to carry out the purposes of this chapter. For
rules adopted under the provisions of this chapter after August 1,
2012, the department of commerce may adopt only rules derived from a
specific grant of legislative authority. The rules must include the
specific statutory section or sections from which the grant of
authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the department of commerce.
Sec. 38 RCW 43.250.090 and 1986 c 294 s 9 are each amended to
read as follows:
The state finance committee shall administer this chapter and adopt
appropriate rules. For rules adopted under the provisions of this
chapter after August 1, 2012, the state finance committee may adopt
only rules derived from a specific grant of legislative authority. The
rules must include the specific statutory section or sections from
which the grant of authority is derived, and may not rely solely on a
section of law stating a statute's intent or purpose or the general
enabling provisions establishing the state finance committee.
Sec. 39 RCW 43.320.040 and 1993 c 472 s 5 are each amended to
read as follows:
The director of financial institutions may adopt any rules, under
chapter 34.05 RCW, necessary to implement the powers and duties of the
director under this chapter. For rules adopted under the provisions of
this chapter after August 1, 2012, the director of financial
institutions may adopt only rules derived from a specific grant of
legislative authority. The rules must include the specific statutory
section or sections from which the grant of authority is derived, and
may not rely solely on a section of law stating a statute's intent or
purpose or the general enabling provisions establishing the department
of financial institutions.
Sec. 40 RCW 43.330.040 and 1993 c 280 s 6 are each amended to
read as follows:
(1) The director shall supervise and administer the activities of
the department and shall advise the governor and the legislature with
respect to community and economic development matters affecting the
state.
(2) In addition to other powers and duties granted to the director,
the director shall have the following powers and duties:
(a) Enter into contracts on behalf of the state to carry out the
purposes of this chapter;
(b) Act for the state in the initiation of or participation in any
multigovernmental program relative to the purpose of this chapter;
(c) Accept and expend gifts and grants, whether such grants be of
federal or other funds;
(d) Appoint such deputy directors, assistant directors, and up to
seven special assistants as may be needed to administer the department.
These employees are exempt from the provisions of chapter 41.06 RCW;
(e) Prepare and submit budgets for the department for executive and
legislative action;
(f) Submit recommendations for legislative actions as are deemed
necessary to further the purposes of this chapter;
(g) Adopt rules in accordance with chapter 34.05 RCW and perform
all other functions necessary and proper to carry out the purposes of
this chapter. For rules adopted under the provisions of this chapter
after August 1, 2012, the director may adopt only rules derived from a
specific grant of legislative authority. The rules must include the
specific statutory section or sections from which the grant of
authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the department;
(h) Delegate powers, duties, and functions as the director deems
necessary for efficient administration, but the director shall be
responsible for the official acts of the officers and employees of the
department; and
(i) Perform other duties as are necessary and consistent with law.
(3) When federal or other funds are received by the department,
they shall be promptly transferred to the state treasurer and
thereafter expended only upon the approval of the director.
(4) The director may request information and assistance from all
other agencies, departments, and officials of the state, and may
reimburse such agencies, departments, or officials if such a request
imposes any additional expenses upon any such agency, department, or
official.
(5) The director shall, in carrying out the responsibilities of
office, consult with governmental officials, private groups, and
individuals and with officials of other states. All state agencies and
their officials and the officials of any political subdivision of the
state shall cooperate with and give such assistance to the department,
including the submission of requested information, to allow the
department to carry out its purposes under this chapter.
(6) The director may establish additional advisory or coordinating
groups with the legislature, within state government, with state and
other governmental units, with the private sector and nonprofit
entities or in specialized subject areas as may be necessary to carry
out the purposes of this chapter.
(7) The internal affairs of the department shall be under the
control of the director in order that the director may manage the
department in a flexible and intelligent manner as dictated by changing
contemporary circumstances. Unless specifically limited by law, the
director shall have complete charge and supervisory powers over the
department. The director may create such administrative structures as
the director deems appropriate, except as otherwise specified by law,
and the director may employ such personnel as may be necessary in
accordance with chapter 41.06 RCW, except as otherwise provided by law.
Sec. 41 RCW 47.01.071 and 2007 c 516 s 4 are each amended to read
as follows:
The transportation commission shall have the following functions,
powers, and duties:
(1) To propose policies to be adopted by the governor and the
legislature designed to assure the development and maintenance of a
comprehensive and balanced statewide transportation system which will
meet the needs of the people of this state for safe and efficient
transportation services. Wherever appropriate, the policies shall
provide for the use of integrated, intermodal transportation systems.
The policies must be aligned with the goals established in RCW
47.04.280. To this end the commission shall:
(a) Develop transportation policies which are based on the
policies, goals, and objectives expressed and inherent in existing
state laws;
(b) Inventory the adopted policies, goals, and objectives of the
local and area-wide governmental bodies of the state and define the
role of the state, regional, and local governments in determining
transportation policies, in transportation planning, and in
implementing the state transportation plan;
(c) Establish a procedure for review and revision of the state
transportation policy and for submission of proposed changes to the
governor and the legislature; and
(d) Integrate the statewide transportation plan with the needs of
the elderly and persons with disabilities, and coordinate federal and
state programs directed at assisting local governments to answer such
needs;
(2) To provide for the effective coordination of state
transportation planning with national transportation policy, state and
local land use policies, and local and regional transportation plans
and programs;
(3) In conjunction with the provisions under RCW 47.01.075, to
provide for public involvement in transportation designed to elicit the
public's views both with respect to adequate transportation services
and appropriate means of minimizing adverse social, economic,
environmental, and energy impact of transportation programs;
(4) By December 2010, to prepare a comprehensive and balanced
statewide transportation plan consistent with the state's growth
management goals and based on the transportation policy goals provided
under RCW 47.04.280 and applicable state and federal laws. The plan
must reflect the priorities of government developed by the office of
financial management and address regional needs, including multimodal
transportation planning. The plan must, at a minimum: (a) Establish
a vision for the development of the statewide transportation system;
(b) identify significant statewide transportation policy issues; and
(c) recommend statewide transportation policies and strategies to the
legislature to fulfill the requirements of subsection (1) of this
section. The plan must be the product of an ongoing process that
involves representatives of significant transportation interests and
the general public from across the state. Every four years, the plan
shall be reviewed and revised, and submitted to the governor and the
house of representatives and senate standing committees on
transportation.
The plan shall take into account federal law and regulations
relating to the planning, construction, and operation of transportation
facilities;
(5) By December 2007, the office of financial management shall
submit a baseline report on the progress toward attaining the policy
goals under RCW 47.04.280 in the 2005-2007 fiscal biennium. By October
1, 2008, beginning with the development of the 2009-2011 biennial
transportation budget, and by October 1st biennially thereafter, the
office of financial management shall submit to the legislature and the
governor a report on the progress toward the attainment by state
transportation agencies of the state transportation policy goals and
objectives prescribed by statute, appropriation, and governor
directive. The report must, at a minimum, include the degree to which
state transportation programs have progressed toward the attainment of
the policy goals established under RCW 47.04.280, as measured by the
objectives and performance measures established by the office of
financial management under RCW 47.04.280;
(6) To propose to the governor and the legislature prior to the
convening of each regular session held in an odd-numbered year a
recommended budget for the operations of the commission as required by
RCW 47.01.061;
(7) To adopt ((such)) rules as may be necessary to carry out
reasonably and properly those functions expressly vested in the
commission by statute. For rules adopted under the provisions of this
chapter after August 1, 2012, the commission may adopt only rules
derived from a specific grant of legislative authority. The rules must
include the specific statutory section or sections from which the grant
of authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the department;
(8) To contract with the office of financial management or other
appropriate state agencies for administrative support, accounting
services, computer services, and other support services necessary to
carry out its other statutory duties;
(9) To conduct transportation-related studies and policy analysis
to the extent directed by the legislature or governor in the biennial
transportation budget act, or as otherwise provided in law, and subject
to the availability of amounts appropriated for this specific purpose;
and
(10) To exercise such other specific powers and duties as may be
vested in the transportation commission by this or any other provision
of law.
Sec. 42 RCW 48.02.060 and 2010 c 27 s 1 are each amended to read
as follows:
(1) The commissioner has the authority expressly conferred upon him
or her by or reasonably implied from the provisions of this code.
(2) The commissioner must execute his or her duties and must
enforce the provisions of this code.
(3) The commissioner may:
(a) ((Make)) Adopt reasonable rules for effectuating any provision
of this code, except those relating to his or her election,
qualifications, or compensation. Rules are not effective prior to
their being filed for public inspection in the commissioner's office.
For rules adopted under the provisions of this chapter after August 1,
2012, the commissioner may adopt only rules derived from a specific
grant of legislative authority. The rules must include the specific
statutory section or sections from which the grant of authority is
derived, and may not rely solely on a section of law stating a
statute's intent or purpose or the general enabling provisions
establishing the office of the insurance commissioner.
(b) Conduct investigations to determine whether any person has
violated any provision of this code.
(c) Conduct examinations, investigations, hearings, in addition to
those specifically provided for, useful and proper for the efficient
administration of any provision of this code.
(4) When the governor proclaims a state of emergency under RCW
43.06.010(12), the commissioner may issue an order that addresses any
or all of the following matters related to insurance policies issued in
this state:
(a) Reporting requirements for claims;
(b) Grace periods for payment of insurance premiums and performance
of other duties by insureds;
(c) Temporary postponement of cancellations and nonrenewals; and
(d) Medical coverage to ensure access to care.
(5) An order by the commissioner under subsection (4) of this
section may remain effective for not more than sixty days unless the
commissioner extends the termination date for the order for an
additional period of not more than thirty days. The commissioner may
extend the order if, in the commissioner's judgment, the circumstances
warrant an extension. An order of the commissioner under subsection
(4) of this section is not effective after the related state of
emergency is terminated by proclamation of the governor under RCW
43.06.210. The order must specify, by line of insurance:
(a) The geographic areas in which the order applies, which must be
within but may be less extensive than the geographic area specified in
the governor's proclamation of a state of emergency and must be
specific according to an appropriate means of delineation, such as the
United States postal service zip codes or other appropriate means; and
(b) The date on which the order becomes effective and the date on
which the order terminates.
(6) The commissioner may adopt rules that establish general
criteria for orders issued under subsection (4) of this section and may
adopt emergency rules applicable to a specific proclamation of a state
of emergency by the governor.
(7) The rule-making authority set forth in subsection (6) of this
section does not limit or affect the rule-making authority otherwise
granted to the commissioner by law.
Sec. 43 RCW 48.44.050 and 1947 c 268 s 5 are each amended to read
as follows:
The insurance commissioner shall ((make)) adopt reasonable
((regulations)) rules in aid of the administration of this chapter
which may include, but shall not be limited to ((regulations)) rules
concerning the maintenance of adequate insurance, bonds, or cash
deposits, information required of registrants, and methods of
expediting speedy and fair payments to claimants. For rules adopted
under the provisions of this chapter after August 1, 2012, the
insurance commissioner may adopt only rules derived from a specific
grant of legislative authority. The rules must include the specific
statutory section or sections from which the grant of authority is
derived, and may not rely solely on a section of law stating a
statute's intent or purpose or the general enabling provisions
establishing the office of the insurance commissioner.
Sec. 44 RCW 48.46.200 and 2009 c 549 s 7153 are each amended to
read as follows:
The commissioner may, in accordance with the provisions of the
administrative procedure act, chapter 34.05 RCW, ((promulgate)) adopt
rules ((and regulations)) as necessary or proper to carry out the
provisions of this chapter. For rules adopted under the provisions of
this chapter after August 1, 2012, the commissioner may adopt only
rules derived from a specific grant of legislative authority. The
rules must include the specific statutory section or sections from
which the grant of authority is derived, and may not rely solely on a
section of law stating a statute's intent or purpose or the general
enabling provisions establishing the office of the insurance
commissioner. Nothing in this chapter shall be construed to prohibit
the commissioner from requiring changes in procedures previously
approved by him or her.
Sec. 45 RCW 66.08.0501 and 1997 c 321 s 56 are each amended to
read as follows:
The liquor control board may adopt appropriate rules pursuant to
chapter 34.05 RCW for the purpose of carrying out the provisions of
chapter 321, Laws of 1997. For rules adopted under the provisions of
this chapter after August 1, 2012, the liquor control board may adopt
only rules derived from a specific grant of legislative authority. The
rules must include the specific statutory section or sections from
which the grant of authority is derived, and may not rely solely on a
section of law stating a statute's intent or purpose or the general
enabling provisions establishing the liquor control board.
Sec. 46 RCW 77.04.055 and 2000 c 107 s 204 are each amended to
read as follows:
(1) In establishing policies to preserve, protect, and perpetuate
wildlife, fish, and wildlife and fish habitat, the commission shall
meet annually with the governor to:
(a) Review and prescribe basic goals and objectives related to
those policies; and
(b) Review the performance of the department in implementing fish
and wildlife policies.
The commission shall maximize fishing, hunting, and outdoor
recreational opportunities compatible with healthy and diverse fish and
wildlife populations.
(2) The commission shall establish hunting, trapping, and fishing
seasons and prescribe the time, place, manner, and methods that may be
used to harvest or enjoy game fish and wildlife.
(3) The commission shall establish provisions regulating food fish
and shellfish as provided in RCW 77.12.047.
(4) The commission shall have final approval authority for tribal,
interstate, international, and any other department agreements relating
to fish and wildlife.
(5) The commission shall adopt rules to implement the state's fish
and wildlife laws. For rules adopted under the provisions of this
chapter after August 1, 2012, the commission may adopt only rules
derived from a specific grant of legislative authority. The rules must
include the specific statutory section or sections from which the grant
of authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the commission or the department.
(6) The commission shall have final approval authority for the
department's budget proposals.
(7) The commission shall select its own staff and shall appoint the
director of the department. The director and commission staff shall
serve at the pleasure of the commission.
Sec. 47 RCW 80.01.040 and 2007 c 234 s 1 are each amended to read
as follows:
The utilities and transportation commission shall:
(1) Exercise all the powers and perform all the duties prescribed
by this title and by Title 81 RCW, or by any other law.
(2) Regulate in the public interest, as provided by the public
service laws, all persons engaging in the transportation of persons or
property within this state for compensation.
(3) Regulate in the public interest, as provided by the public
service laws, the rates, services, facilities, and practices of all
persons engaging within this state in the business of supplying any
utility service or commodity to the public for compensation.
(4) ((Make)) Adopt rules ((and regulations)) necessary to carry out
its other powers and duties. For rules adopted under the provisions of
this chapter after August 1, 2012, the commission may adopt only rules
derived from a specific grant of legislative authority. The rules must
include the specific statutory section or sections from which the grant
of authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the commission.
NEW SECTION. Sec. 48 A new section is added to chapter 34.05 RCW
to read as follows:
When delegating authority to an agency through legislation, the
legislature, unless it specifically states otherwise, limits its
delegation of authority to:
(1) The minimum delegation necessary to administer the
legislation's clear and unambiguous directives; and
(2) The administration of circumstances and behaviors foreseeable
at the time of the legislation's enactment.
NEW SECTION. Sec. 49 The legislature finds that this nation and
this state were founded as constitutional republican forms of
government with democratically elected representatives enacting and
implementing laws consistent with those constitutions to promote the
general welfare of all the people. All elected officials take an oath
to uphold the constitutions. The role of government was intended to
remain as limited as possible in order to expand the liberties of the
people as far as possible. Over the past few decades, legislative and
executive branches have gone far beyond their original purposes and
powers, and have grown to the extent that the economic and regulatory
burdens placed upon the people is becoming unbearable and is infringing
on the rights of law-abiding citizens to enjoy their property, their
freedoms, and the fruits of their labors. The legislature further
finds that the United States congress has frequently ignored its own
House rule XIII 3(d) which requires "Each report of a committee on a
public bill or public joint resolution shall contain the following:
(1) A statement citing the specific powers granted to congress in the
Constitution to enact the law proposed by the bill or resolution." The
legislature intends by this chapter to ensure that all laws and rules
adopted by the federal and state governments are firmly grounded in
their respective constitutions so that those governments might return
to their proper realms and focus on the essential services that best
strike the balance between the need for government and the need for
people to be free.
NEW SECTION. Sec. 50 (1) Every bill, act, ordinance, resolution,
or rule adopted or enacted by a legislative or executive body, or the
people, shall include the citation of the express language from the
federal or state Constitution that provides the specific authority for
the provisions included in the bill, act, ordinance, resolution, or
rule.
(2) Every bill, act, ordinance, resolution, or rule adopted or
enacted by a legislative or executive body, or the people, shall limit
the provisions of the bill, act, ordinance, resolution, or rule to the
express language included in the citation from the federal or state
Constitution that provides the specific authority such provisions.
(3) Every bill, act, ordinance, resolution, or rule adopted or
enacted by a legislative or executive body, or the people, shall
include a brief rationale as how the provisions of the bill, act,
ordinance, resolution, or rule are provided specific authority in the
express language of the federal or state Constitution cited, including
the language of the text itself, a reasonable construction and
extension of the text, the intent as best can be ascertained of those
who adopted the text, and the historical understanding and context in
which the text was adopted.
NEW SECTION. Sec. 51 Sections 49 and 50 of this act constitute
a new chapter in Title
NEW SECTION. Sec. 52 If any part of this act is found to be in
conflict with federal requirements that are a prescribed condition to
the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with
respect to the agencies directly affected, and this finding does not
affect the operation of the remainder of this act in its application to
the agencies concerned. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of federal
funds by the state.
NEW SECTION. Sec. 53 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 54 Sections 2 through 7 of this act are
necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and take effect immediately.