S-1995.1  _______________________________________________

                         SENATE BILL 6053

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senators Sheldon, Hale, Winsley and Oke

Read first time 03/01/95.  Referred to Committee on Government Operations.

Providing limited grants of authority.

    AN ACT Relating to regulatory reform; amending RCW 43.21A.080, 43.70.040, 82.01.060, 46.01.110, 50.12.040, 76.09.040, 77.04.090, and 48.02.060; adding a new section to chapter 43.12 RCW; adding a new section to chapter 43.20A RCW; adding a new section to chapter 43.23 RCW; adding a new section to chapter 43.22 RCW; and adding a new section to chapter 43.24 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 43.12 RCW to read as follows:

    For rules adopted after the effective date of this section, the commissioner of public lands may not rely solely on a statute's statement of intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule.

NEW SECTION. Sec. 2.  A new section is added to chapter 43.20A RCW to read as follows:

    For rules adopted after the effective date of this section, the secretary may not rely solely on a statute's statement of intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule.

    Sec. 3.  RCW 43.21A.080 and 1970 ex.s. c 62 s 8 are each amended to read as follows:

    The director of the department of ecology is authorized to adopt such rules and regulations as are necessary and appropriate to carry out the provisions of this chapter:  PROVIDED, That the director may not adopt rules after the effective date of this section that are based solely on a statute's statement of intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt the rule.

NEW SECTION. Sec. 4.  A new section is added to chapter 43.23 RCW to read as follows:

    For rules adopted after the effective date of this section, the director of agriculture may not rely solely on a statute's statement of intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule.

    Sec. 5.  RCW 43.70.040 and 1989 1st ex.s. c 9 s 106 are each amended to read as follows:

    In addition to any other powers granted the secretary, the secretary may:

    (1) Adopt, in accordance with chapter 34.05 RCW, rules  necessary to carry out the provisions of ((this act)) chapter 9, Laws of 1989 1st ex. sess.:  PROVIDED, That for rules adopted after the effective date of this section, the secretary may not rely solely on a statute's statement of intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule;

    (2) Appoint such advisory committees as may be necessary to carry out the provisions of ((this act)) chapter 9, Laws of 1989 1st ex. sess.  Members of such advisory committees are authorized to receive travel expenses in accordance with RCW 43.03.050 and 43.03.060.  The secretary and the board of health shall review each advisory committee within their jurisdiction and each statutory advisory committee on a biennial basis to determine if such advisory committee is needed.  The criteria specified in RCW 43.131.070 shall be used to determine whether or not each advisory committee shall be continued;

    (3) Undertake studies, research, and analysis necessary to carry out the provisions of ((this act)) chapter 9, Laws of 1989 1st ex. sess. in accordance with RCW 43.70.050;

    (4) Delegate powers, duties, and functions of the department to employees of the department as the secretary deems necessary to carry out the provisions of ((this act)) chapter 9, Laws of 1989 1st ex. sess.;

    (5) Enter into contracts on behalf of the department to carry out the purposes of ((this act)) chapter 9, Laws of 1989 1st ex. sess.;

    (6) Act for the state in the initiation of, or the participation in, any intergovernmental program to the purposes of ((this act)) chapter 9, Laws of 1989 1st ex. sess.; or

    (7) Accept gifts, grants, or other funds.

    Sec. 6.  RCW 82.01.060 and 1977 c 75 s 92 are each amended to read as follows:

    The director of revenue, hereinafter in ((this 1967 amendatory act)) chapter 26, Laws of 1967 ex. sess. referred to as the director, through the department of revenue, hereinafter in ((this 1967 amendatory act)) chapter 26, Laws of 1967 ex. sess. referred to as the department, shall:

    (1) Assess and collect all taxes and administer all programs relating to taxes which are the responsibility of the tax commission at the time ((this 1967 amendatory act)) chapter 26, Laws of 1967 ex. sess. takes effect or which the legislature may hereafter make the responsibility of the director or of the department;

    (2) Make, adopt and publish such rules ((and regulations)) as he or she may deem necessary or desirable to carry out the powers and duties imposed upon him or her or the department by the legislature:  PROVIDED, That the director may not adopt rules after the effective date of this section that are based solely on a statute's statement of intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule;

(3) Rules ((and regulations)) adopted by the tax commission ((prior to)) before the effective date of this ((1967 amendatory act)) section shall remain in force until such time as they may be revised or rescinded by the director;

    (((3))) (4) Provide by general regulations for an adequate system of departmental review of the actions of the department or of its officers and employees in the assessment or collection of taxes;

    (((4))) (5) Maintain a tax research section with sufficient technical, clerical and other employees to conduct constant observation and investigation of the effectiveness and adequacy of the revenue laws of this state and of the sister states in order to assist the governor, the legislature and the director in estimation of revenue, analysis of tax measures, and determination of the administrative feasibility of proposed tax legislation and allied problems;

    (((5))) (6) Recommend to the governor such amendments, changes in, and modifications of the revenue laws as seem proper and requisite to remedy injustice and irregularities in taxation, and to facilitate the assessment and collection of taxes in the most economical manner.

NEW SECTION. Sec. 7.  A new section is added to chapter 43.22 RCW to read as follows:

    For rules adopted after the effective date of this section, the director of the department of labor and industries may not rely solely on a statute's statement of intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule.

NEW SECTION. Sec. 8.  A new section is added to chapter 43.24 RCW to read as follows:

    For rules adopted after the effective date of this section, the director of the department of licensing may not rely solely on a statute's statement of intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule.

    Sec. 9.  RCW 46.01.110 and 1979 c 158 s 120 are each amended to read as follows:

    The director of licensing is hereby authorized to adopt and enforce such reasonable rules ((and regulations)) as may be consistent with and necessary to carry out the provisions relating to vehicle licenses, certificates of ownership and license registration and drivers' licenses not in conflict with the provisions of Title 46 RCW:  PROVIDED, That the director of licensing may not adopt rules after the effective date of this section that are based solely on a statute's statement of intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule.

    Sec. 10.  RCW 50.12.040 and 1973 1st ex.s. c 158 s 3 are each amended to read as follows:

    Regular and emergency rules ((and regulations)) shall be adopted, amended, or repealed by the commissioner in accordance with the provisions of Title 34 RCW and the rules ((or regulations)) adopted pursuant thereto:  PROVIDED, That the commissioner may not adopt rules after the effective date of this section that are based solely on a statute's statement of intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule.

    Sec. 11.  RCW 76.09.040 and 1994 c 264 s 48 are each amended to read as follows:

    (1) Where necessary to accomplish the purposes and policies stated in RCW 76.09.010, and to implement the provisions of this chapter, the board shall ((promulgate)) adopt forest practices ((regulations)) rules pursuant to chapter 34.05 RCW and in accordance with the procedures enumerated in this section:  PROVIDED, That the board may not adopt rules after the effective date of this section that are based solely on a statute's statement of intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule.

(2) The board shall adopt rules that:

    (a) Establish minimum standards for forest practices;

    (b) Provide procedures for the voluntary development of resource management plans which may be adopted as an alternative to the minimum standards in (a) of this subsection if the plan is consistent with the purposes and policies stated in RCW 76.09.010 and the plan meets or exceeds the objectives of the minimum standards;

    (c) Set forth necessary administrative provisions; and

    (d) Establish procedures for the collection and administration of forest practice fees as set forth by this chapter.

    Forest practices ((regulations)) rules pertaining to water quality protection shall be ((promulgated)) adopted individually by the board and by the department of ecology after they have reached agreement with respect thereto.  All other forest practices ((regulations)) rules shall be ((promulgated)) adopted by the board.

    Forest practices ((regulations)) rules shall be administered and enforced by the department except as otherwise provided in this chapter.  Such ((regulations)) rules shall be ((promulgated)) adopted and administered so as to give consideration to all purposes and policies set forth in RCW 76.09.010.

    (((2))) (3) The board shall prepare proposed forest practices ((regulations)) rules.  In addition to any forest practices ((regulations)) rules relating to water quality protection proposed by the board, the department of ecology shall prepare proposed forest practices ((regulations)) rules relating to water quality protection.

    Prior to initiating the rule making process, the proposed ((regulations)) rules shall be submitted for review and comments to the department of fish and wildlife and to the counties of the state.  After receipt of the proposed forest practices ((regulations)) rules, the department of fish and wildlife and the counties of the state shall have thirty days in which to review and submit comments to the board, and to the department of ecology with respect to its proposed ((regulations)) rules relating to water quality protection.  After the expiration of such thirty day period the board and the department of ecology shall jointly hold one or more hearings on the proposed ((regulations)) rules pursuant to chapter 34.05 RCW.  At such hearing(s) any county may propose specific forest practices ((regulations)) rules relating to problems existing within such county.  The board and the department of ecology may adopt such proposals if they find the proposals are consistent with the purposes and policies of this chapter.

    Sec. 12.  RCW 77.04.090 and 1984 c 240 s 1 are each amended to read as follows:

    The commission shall adopt permanent rules and amendments to or repeals of existing rules by approval of four members by resolution, entered and recorded in the minutes of the commission:  PROVIDED, That the commission may not adopt rules after the effective date of this section that are based solely on a statute's statement of intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule.  The commission shall adopt emergency rules by approval of four members.  The commission or the director, when adopting emergency rules under RCW 77.12.150, shall adopt rules in conformance with chapter 34.05 RCW.  Judicial notice shall be taken of the rules filed and published as provided in RCW 34.05.380 and 34.05.210.

     A copy of an emergency rule, certified as a true copy by a member of the commission, the director, or by a person authorized in writing by the director to make the certification, is admissible in court as prima facie evidence of the adoption and validity of the rule.

    Sec. 13.  RCW 48.02.060 and 1947 c 79 s .02.06 are each amended to read as follows:

    (1) The commissioner shall have the authority expressly conferred upon him or her by or reasonably implied from the provisions of this code.

    (2) The commissioner shall execute his or her duties and shall enforce the provisions of this code.

    (3) The commissioner may:

    (a) Make reasonable rules ((and regulations)) for effectuating any provision of this code, except those relating to his election, qualifications, or compensation.  No such rules ((and regulations)) shall be effective prior to their being filed for public inspection in the commissioner's office:  PROVIDED, That the commissioner may not adopt rules after the effective date of this section that are based solely on a statute's statement of intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule.

    (b) Conduct investigations to determine whether any person has violated any provision of this code.

    (c) Conduct examinations, investigations, hearings, in addition to those specifically provided for, useful and proper for the efficient administration of any provision of this code.

                            --- END ---