HOUSE BILL REPORT

                  HB 2386

             As Reported By House Committee On:

                    Government Operations

Title:  An act relating to providing the text of laws and rules as a part of state agency technical assistance programs.

Brief Description:  Requiring the text of applicable state or federal law or rule be provided as part of agency technical assistance.

Sponsors:  Representatives D. Schmidt, Dyer, Thompson, Radcliff, Hargrove, Sheahan, Chappell, Cairnes, Cooke, Crouse, Scheuerman, Campbell, Honeyford, Buck, Huff, Elliot, Clements, Foreman, Quall, Backlund, Hymes, Costa, Mulliken and McMahan.

Brief History:

  Committee Activity:

Government Operations:  1/23/96 [DPS].

HOUSE COMMITTEE ON GOVERNMENT OPERATIONS

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 13 members:  Representatives Reams, Chairman; Cairnes, Vice Chairman; Goldsmith, Vice Chairman; Rust, Ranking Minority Member; Scott, Assistant Ranking Minority Member; Conway; R. Fisher; Hargrove; Honeyford; Hymes; Mulliken; D. Schmidt and Wolfe.

Staff:  Charlie Murphy (786-7135).

Background:  The Technical Assistance portion of the 1995 Regulatory Reform law required state agencies to adopt policies encouraging voluntary compliance by individuals and businesses subject to regulation.  Technical assistance included information on and citations to applicable laws or rules.  However, many individuals and businesses subject to regulation lack access to the federal, state laws, and rules cited or referenced.

Summary of Substitute Bill:  Regulatory agencies are directed, in certain instances, to supply the text of the specific section or subsection of the applicable state or federal law or rule.  This also applies to "notices of corrections" issued because of noncompliance after technical assistance, consultations, and certain other visits or site inspections.  The departments that issue such notices are the departments of Ecology, Labor and Industries, Agriculture, Fish and Wildlife, Health, Licensing, and Natural Resources.

Substitute Bill Compared to Original Bill:  The substitute bill limits the text to be supplied by the agency to only the "specific section or subsection" of law that applies.

Appropriation:  None.

Fiscal Note:  Requested on January 19, 1996.

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

Testimony For:  Many subject to technical assistance and compliance requirements by regulatory agencies lack access to copies of the applicable laws or rules.

Testimony Against:  Agencies are concerned about having to provide the text of all the agency's laws or rules.  (The substitute bill addresses this concern.)

Testified:  Representative Dave Schmidt, prime sponsor; John Williams, Department of Ecology; and Carolyn Logue, National Federation of Independent Businesses.