AN ACT Relating to regulatory
fairness; amending RCW 34.05.320; adding new sections to chapter 19.85 RCW;
adding new sections to chapter 34.05 RCW; adding a new section to chapter 43.17
RCW; adding a new section to chapter 43.31 RCW; and creating new sections.
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. The
business assistance center shall conduct a study of how it can best serve as a
clearinghouse to coordinate with state agencies in compiling and providing, on
request, lists of state rules that apply to specific classes or lines of small
businesses. The business assistance center shall report the findings of the
study to the legislature before December 1, 1992.The text of the following section has been vetoed by the Governor. It
is noted in bold italic.
*
NEW
SECTION. Sec. 7. A new
section is added to chapter 43.31 RCW to read as follows:
The state shall not be financially liable for errors or omissions
in providing any document required to be produced under section 6 of this act.
Compliance with rules identified under section 6 of this act does not excuse
the business from requirements to comply with other applicable rules.
*Sec. 7
was vetoed, see message at end of chapter.
Sec.
8. RCW
34.05.320 and 1989 c 175 s 7 are each amended to read as follows:
(1) At
least twenty days before the rule-making hearing at which the agency receives
public comment regarding adoption of a rule, the agency shall cause notice of
the hearing to be published in the state register. The publication constitutes
the proposal of a rule. The notice shall include all of the following:
(a) A
title, a description of the rule's purpose, and any other information which may
be of assistance in identifying the rule or its purpose;
(b)
Citations of the statutory authority for adopting the rule and the specific
statute the rule is intended to implement;
(c) A
summary of the rule and a statement of the reasons supporting the proposed
action;
(d)
The agency personnel, with their office location and telephone number, who are
responsible for the drafting, implementation, and enforcement of the rule;
(e)
The name of the person or organization, whether private, public, or
governmental, proposing the rule;
(f)
Agency comments or recommendations, if any, regarding statutory language,
implementation, enforcement, and fiscal matters pertaining to the rule;
(g)
Whether the rule is necessary as the result of federal law or federal or state
court action, and if so, a copy of such law or court decision shall be attached
to the purpose statement;
(h)
When, where, and how persons may present their views on the proposed rule;
(i)
The date on which the agency intends to adopt the rule;
(j) A
short explanation of the rule, its purpose, and anticipated effects, including
in the case of a proposal that would modify existing rules, a short description
of the changes the proposal would make; and
(k) A
copy of the small business economic impact statement, if applicable, and a
statement of steps taken to minimize the economic impact in accordance with RCW
19.85.030.
(2)
Upon filing notice of the proposed rule with the code reviser, the adopting
agency shall have copies of the notice on file and available for public
inspection and shall forward three copies of the notice to the rules review
committee.
(3) No
later than three days after its publication in the state register, the agency
shall cause a copy of the notice of proposed rule adoption to be mailed to each
person who has made a request to the agency for a mailed copy of such notices.
An agency may charge for the actual cost of providing individual mailed copies
of these notices.
(4) In
addition to the notice required by subsections (1) and (2) of this section, an
institution of higher education shall cause the notice to be published in the
campus or standard newspaper of the institution at least seven days before the
rule-making hearing.
NEW
SECTION. Sec. 9. If
specific funding for the purpose of section 6 of this act, referencing this act
by bill and section number, is not provided by June 30, 1992, in the omnibus
appropriations act, section 6 of this act shall be null and void.
Passed the House March 11, 1992.
Passed the Senate March 10, 1990.
Approved by the Governor April 2,
1992, with the exception of certain items which were vetoed.
Filed in Office of Secretary of State April 2, 1992.
Note: Governor's explanation of partial veto is as follows:
"I
am returning herewith, without my approval as to section 7, Substitute House
Bill No. 2498 entitled:
"AN ACT Relating to
regulatory fairness."
Substitute
House Bill No. 2498 amends a number of statutes to increase procedural
protections for small business in the regulatory process.
Section
7 has a drafting error. Section 7 is applicable only to requirements included
in an earlier draft. This faulty reference renders the provision moot.
Because
of this technical flaw, I have vetoed section 7 of this bill.
With the
exception of section 7, Substitute House Bill No. 2498 is approved."
