5794-S.E AMH SG H2394.1
ESSB 5794 - H COMM AMD
By Committee on State Government
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that overlapping, conflicting, and duplicating provisions of federal, state, and local laws, ordinances, and rules create tremendous burdens for the citizens and businesses of the state of Washington. The legislature therefore encourages agencies to address overlapping, conflicting, and duplicative provisions in the rule-making process, and to attempt to mitigate the adverse impact of overlapping, conflicting, and duplicating provisions whenever it is within the agency's authority to do so. However, agency use of the procedures in section 5 of this act is discretionary, and agencies are not required to use these procedures in any particular instance of rule making.
Sec. 2. RCW 34.05.620 and 1988 c 288 s 602 are each amended to read as follows:
Whenever a majority of the members of the rules review committee determines that a proposed rule is not within the intent of the legislature as expressed in the statute which the rule implements, or that an agency may not be adopting a proposed rule in accordance with all applicable provisions of law, including chapter 19.85 RCW, the committee shall give the affected agency and the governor written notice of its decision. The notice shall be given at least seven days prior to any hearing scheduled for consideration of or adoption of the proposed rule pursuant to RCW 34.05.320. The notice shall include a statement of the review committee's findings and the reasons therefor. When the agency holds a hearing on the proposed rule, the agency shall consider the review committee's decision.
Sec. 3. RCW 34.05.630 and 1988 c 288 s 603 are each amended to read as follows:
(1) All rules required to be filed pursuant to RCW 34.05.380, and emergency rules adopted pursuant to RCW 34.05.350, are subject to selective review by the legislature.
(2) The rules review committee may review an agency's use of policy statements, guidelines, and issuances that are of general applicability, or their equivalents to determine whether or not an agency has failed to adopt a rule.
(3) If the rules review
committee finds by a majority vote of its members: (a) That an existing rule
is not within the intent of the legislature as expressed by the statute which
the rule implements, (b) that the rule has not been adopted in accordance with
all applicable provisions of law, ((or)) including chapter 19.85 RCW,
(c) that the statute that the rule purports to implement has been repealed
or ruled invalid by the courts, or (d) that an agency is using a policy
statement, guideline, or issuance in place of a rule, the agency affected shall
be notified of such finding and the reasons therefor. Within thirty days of
the receipt of the rules review committee's notice, the agency shall file
notice of a hearing on the rules review committee's finding with the code
reviser and mail notice to all persons who have made timely request of the
agency for advance notice of its rule-making proceedings as provided in RCW
34.05.320. The agency's notice shall include the rules review committee's
findings and reasons therefor, and shall be published in the Washington state
register in accordance with the provisions of chapter 34.08 RCW.
(4) The agency shall consider fully all written and oral submissions regarding (a) whether the rule in question is within the intent of the legislature as expressed by the statute which the rule implements, (b) whether the rule was adopted in accordance with all applicable provisions of law, including chapter 19.85 RCW, or (c) whether the agency is using a policy statement, guideline, or issuance in place of a rule.
Sec. 4. RCW 34.05.640 and 1988 c 288 s 604 are each amended to read as follows:
(1) Within seven days of an agency hearing held after notification of the agency by the rules review committee pursuant to RCW 34.05.620 or 34.05.630, the affected agency shall notify the committee of its action on a proposed or existing rule to which the committee objected or on a committee finding of the agency's failure to adopt rules. If the rules review committee determines, by a majority vote of its members, that the agency has failed to provide for the required hearings or notice of its action to the committee, the committee may file notice of its objections, together with a concise statement of the reasons therefor, with the code reviser within thirty days of such determination.
(2) If the rules review committee finds, by a majority vote of its members: (a) That the proposed or existing rule in question has not been modified, amended, withdrawn, or repealed by the agency so as to conform with the intent of the legislature, or (b) that an existing rule was not adopted in accordance with all applicable provisions of law, including chapter 19.85 RCW, or (c) that the agency is using a policy statement, guideline, or issuance in place of a rule, the rules review committee may, within thirty days from notification by the agency of its action, file with the code reviser notice of its objections together with a concise statement of the reasons therefor. Such notice and statement shall also be provided to the agency by the rules review committee.
(3) If the rules review
committee makes an adverse finding under subsection (2) of this section, the
committee may, by a ((two-thirds)) majority vote of its members,
recommend suspension of an existing rule. Within seven days of such vote the
committee shall transmit to the appropriate standing committees of the legislature,
the governor, the code reviser, and the agency written notice of its
objection and recommended suspension and the concise reasons therefor. Within
thirty days of receipt of the notice, the governor shall transmit to the
committee, the code reviser, and the agency written approval or disapproval of
the recommended suspension. If the suspension is approved by the governor, it
is effective from the date of that approval and continues until ninety days
after the expiration of the next regular legislative session.
(4) The code reviser shall publish transmittals from the rules review committee or the governor issued pursuant to subsection (1), (2), or (3) of this section in the Washington state register and shall publish in the next supplement and compilation of the Washington Administrative Code a reference to the committee's objection or recommended suspension and the governor's action on it and to the issue of the Washington state register in which the full text thereof appears.
(5) The reference shall be removed from a rule published in the Washington Administrative Code if a subsequent adjudicatory proceeding determines that the rule is within the intent of the legislature or was adopted in accordance with all applicable laws, whichever was the objection of the rules review committee.
NEW SECTION. Sec. 5. A new section is added to chapter 34.05 RCW under the subchapter heading "rule-making procedures" to read as follows:
Prior to or during the rule-making process, agencies are encouraged to survey other federal, state, and local entities that have jurisdiction over the subject matter of a proposed rule to determine whether conflict, overlap, or duplication exists. Agencies are encouraged to address these issues during the rule-making process and to mitigate the adverse impact of conflict, overlap, or duplication whenever it is within the agency's authority to do so. Agencies are encouraged to place information on conflict, overlap, or duplication in the rule-making file.
NEW SECTION. Sec. 6. The following acts or parts of acts are each repealed:
(1) RCW 34.05.670 and 1992 c 197 s 3; and
(2) RCW 34.05.680 and 1992 c 197 s 4.
NEW SECTION. Sec. 7. 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. 8. This act shall take effect July 1, 1994."
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