SENATE BILL REPORT

                   SB 6575

              As Reported By Senate Committee On:

            Government Operations, February 6, 1998

Title:  An act relating to extending the powers of the joint administrative rules review committee.

Brief Description:  Extending the power of the joint administrative rules review committee.

Sponsors:  Senators Hale, T. Sheldon, McCaslin, Snyder, Horn, McDonald, Sellar, Newhouse, Schow, Strannigan, Benton, Zarelli, Stevens, Roach, Heavey and Oke.

Brief History:

Committee Activity:  Government Operations:  2/5/98, 2/6/98 [DPS].

SENATE COMMITTEE ON GOVERNMENT OPERATIONS

Majority Report:  That Substitute Senate Bill No. 6575 be substituted therefor, and the substitute bill do pass.

  Signed by Senators McCaslin, Chair; Hale, Vice Chair; Anderson, Haugen, Horn and T. Sheldon.

Staff:  Diane Smith (786-7410)

Background:  The Joint Administrative Rules Review Committee (JARRC) has statutory authority to review selectively all agency policy and interpretive statements.  This has been interpreted as applying only to those agency issuances that are entitled Apolicy statement@ or interpretive statement@ and not applying to any other guideline or document of general applicability issued by an agency.

Summary of Substitute Bill:  JARRC is permitted to review selectively proposed or existing guidelines and documents of general applicability or their equivalents in addition to policy and interpretive statements, to determine whether the agency is using them in such a manner that the document constitutes a rule not adopted in accordance with all applicable provisions of law.  JARRC may advise the Governor if an agency refuses to replace the document with a rule.

Substitute Bill Compared to Original Bill:  The original bill was not considered.

Appropriation:  None.

Fiscal Note:  Not requested.

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

Testimony For:  This bill focuses JARRC review on the legitimate concern that agencies may be applying various forms of documents of general applicability to activities carried on by the public when those documents have not been adopted through the public process of the Administration Procedure Act.  It prevents JARRC=s jurisdiction from being controlled by the agency=s choice of the title it places on a document.

Testimony Against:  None.

Testified:  PRO:  Fred Hellberg, Governor=s Office; Bryan Wahl, Realtors; Gary Smith, Independent Business Association.