2SHB 1032 - H AMD 012 FAILED 2-7-97

By Representative Sommers, H.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that although state agency rules are intended to protect essential public health, safety, environmental, and welfare functions and to protect citizens from the unwarranted exercise of power by public officials, many of the rules adopted by state agencies have, in fact, impeded the public welfare and imposed unnecessary cost, burden, and complexity. The legislature further finds that there has been a vast increase in the number and complexity of permits, licenses, certificates, and other approvals that individuals and organizations must obtain from an increasing number of government agencies in order to undertake commercial, industrial, and personal projects or activities in the state. Further, many of these rules are difficult to understand, and duplicate or may conflict with other regulations.

The legislature further finds that the inefficiencies and intrusions resulting from excessive government regulation constitute an unreasonable financial and personal burden on residents of the state. Unnecessary and inconsistent government regulation inconveniences individuals, inhibits business growth and the creation of jobs, and places Washington=s industries at a competitive disadvantage relative to their out-of-state and foreign competitors.

It is the intent of the legislature to better serve the citizens of the state by reducing the number, length, and complexity of agency rules, leaving only those that are essential to the public good.

NEW SECTION. Sec. 2. (1) Each agency shall promptly undertake a review of every rule which it has adopted, other than an emergency rule, which is in effect on the effective date of this act.

(2) After conducting the review required by chapter . . . , Laws of 1997 (this act), and except as provided in subsection (3) of this section, each agency shall sunset all of its rules on or before twenty-four months after the effective date of this act by taking such steps as are required by law to repeal or amend such rules.

(3) Each agency shall retain only those rules which are mandated by law or essential to the health, safety, environment, or welfare of the state=s residents. To find that a rule meets this standard, an agency must demonstrate, in its review, that: (a) There is a specific need for governmental intervention that is clearly identified and precisely defined; (b) the rule is not excessively costly and does not require outdated methods of technology; (c) less restrictive and intrusive alternatives have been considered and found less desirable based on a sound evaluation of the alternatives; (d) the agency has established a process and a schedule for measuring the effectiveness of the regulation; and (e) the rule is time-limited or provides for regular review. Rules not meeting this standard shall be repealed, or amended to meet this standard, in accordance with law.

(4) In its review, each agency shall ensure that every rule is clear, concise and drawn in plain and readily understandable language. Each agency shall adopt the shortest and simplest rules necessary to achieve the purposes of such rules. In the review required by this act, each agency shall demonstrate how this objective has been achieved.

NEW SECTION. Sec. 3. An agency may adopt only those new rules which meet the standards of chapter . . . , Laws of 1997 (this act). Any new rule must also be approved pursuant to such standards, terms, and schedules as the director of the financial management shall establish under section 5 of this act.

NEW SECTION. Sec. 4. Each agency shall appoint a senior official who shall be the contact person for all actions and reviews pursuant to chapter . . . , Laws of 1997 (this act). The agency head may, but need not, designate herself or himself as the contact person.

NEW SECTION. Sec. 5. The director of financial management shall, consistent with the requirements of law, establish such standards, terms, and schedules as the director deems appropriate and necessary to accomplish the reviews of existing and newly proposed rules as required by chapter . . . , Laws of 1997 (this act). The director may also provide for such waivers or exceptions as are essential for the public health, safety, environment, or welfare.

NEW SECTION. Sec. 6. Sections 2 through 5 of this act shall constitute new sections in chapter 34.05 RCW.

NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

Correct the title.

EFFECT: Requires all agencies to review existing rules, other than emergency rules. To retain a rule, an agency must find that there is a specific need for governmental intervention, that the rule is not excessively costly and does not require outdated methods of technology, that less-restrictive and intrusive alternatives have been considered and found less desirable, that the agency has established a process for measuring the effectiveness of the rule, and that the rule is time-limited or provides for regular review. Rules not meeting this standard must be repealed or amended 24 months after the effective date of the act. OFM shall establish standards and schedules to accomplish the reviews. OFM may provide for waivers or exceptions for public health, safety, environment, or welfare.