SENATE BILL REPORT

                   SB 6645

                    As of January 31, 1996

Title:  An act relating to readoption of agency rules.

Brief Description:  Establishing procedures for readoption of agency rules.

Sponsors:  Senators Hale, Haugen, A. Anderson, Bauer, Wood, Loveland, Owen, Rasmussen, Sheldon, Cantu, McCaslin, Newhouse, Deccio, Snyder, McDonald, Johnson, Swecker, Schow, Zarelli, West, Long, Morton, Oke, Winsley, Roach and Hochstatter.

Brief History:

Committee Activity:  Government Operations:  2/1/96.

SENATE COMMITTEE ON GOVERNMENT OPERATIONS

Staff:  Jonathan Seib (786-7427)

Background:  Current law authorizes a person to petition a state agency requesting the repeal or amendment of an administrative rule.  The law provides a list of suggested issues for the petitioner to address.  If the agency denies the petition, it must do so in writing, responding to each of the concerns raised by the petitioner.

If the agency denies the petition, the petitioner may appeal the denial to the Governor.  The Governor must either deny the appeal, or direct or recommend that the agency initiate rule making proceedings.

Summary of Bill: A person may petition an agency requesting that an existing rule be subject to readoption.  "Readoption" means that the text of the existing rule is submitted as a proposed rule, and is then subject to the rule-making process set forth in the state Administrative Procedure Act.  Unless readopted, an existing rule subject to readoption is automatically repealed 180 days after its publication as a proposed rule in the Washington Register.

Within 60 days after the submission of the petition, the agency must either deny the petition in writing, or initiate the readoption procedure.  If the petition is denied, the agency must issue a written statement stating its reasons for the denial, and address a list of issues regarding the rule that are enumerated in the bill.

If an agency denies a petition for readoption, the petitioner, within 30 days, may appeal the denial to the Joint Administrative Rules Review Committee (JARRC).  Within 60 days of the appeal, JARRC must, by a majority vote of its members, either deny the appeal in writing or direct the agency to initiate the readoption procedure.  The agency must initiate the procedure by the date specified by the committee.

Appropriation:  None.

Fiscal Note:  Not requested.

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