H-4792.1          _______________________________________________

 

                            SUBSTITUTE HOUSE BILL 2498

                  _______________________________________________

 

State of Washington              52nd Legislature             1992 Regular Session

 

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

 

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


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

 

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

 

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

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

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

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

 

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

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

 

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

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

 

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

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

 

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

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

 

     NEW SECTION.  Sec. 6.  A new section is added to chapter 43.31 RCW to read as follows:

     The business assistance center shall coordinate the provision of better and more reliable information by state agencies regarding state rules that affect specific classes or lines of businesses.  When requested, the business assistance center shall compile a list of state rules applicable at the time of the request to a specific class or line of business, which are limited to that specific class or line as opposed to generic rules applicable to most businesses, by obtaining a list from the rules coordinator for each applicable agency.  The business assistance center shall make every effort to include complete and accurate information on the lists.  Each list requested shall include the statement:  "The state shall not be financially liable for errors or omissions in this document.  Compliance with rules identified in this document does not excuse the business from requirements to comply with other applicable rules."

 

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

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