H-3559.2 _______________________________________________
HOUSE BILL 2395
_______________________________________________
State of Washington 56th Legislature 2000 Regular Session
By Representatives Mulliken, Doumit, Mielke, Scott, Ericksen, Fortunato, Edwards, O'Brien, Hatfield, McMorris, Schindler, Wensman, B. Chandler, Lambert, D. Sommers, Van Luven and Esser
Read first time 01/12/2000. Referred to Committee on Local Government.
AN ACT Relating to a statutory moratorium on agency rule making involving costs to local government; adding a new section to chapter 43.17 RCW; creating a new section; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that local governments will experience significant budget impacts from the passage of Chapter 1, Laws of 2000 (Initiative Measure No. 695). The legislature also finds that, as a result of Chapter 1, Laws of 2000 (Initiative Measure No. 695), local governments are reviewing their budgets, establishing priorities, and identifying costs of local government services and programs. The legislature further finds that Chapter 2, Laws of 1994 (Initiative Measure No. 601) required the state to consider the costs imposed on local governments by laws requiring new programs and increased levels of service. The legislature further finds that the state must recognize the costs to local governments of regulations promulgated by state agencies and mitigate the financial impacts of those regulations for a sufficient period to allow local governments to develop strategies to comply with the requirements of Chapter 1, Laws of 2000 (Initiative Measure No. 695).
NEW SECTION. Sec. 2. A new section is added to chapter 43.17 RCW to read as follows:
(1) Until March 30, 2002, no state agency may propose or adopt any rule or engage in any programmatic activity, other than normal contract negotiations, that will create new costs for a local government.
(2) Until March 30, 2002, before any state agency proposes or adopts a rule or engages in any programmatic activity, other than normal contract negotiations, the state agency shall assess whether the rule or activity would create any new costs for a local government. Until March 30, 2002, a state agency shall issue a finding that a rule or activity does not create any new costs for a local government before proceeding with the rule or programmatic activity.
(3) For the purposes of this section, "local government" means a county, city, or town.
(4) For the purposes of this section, "cost" means any expenses related to implementation or response to the agency rule or activity. For the purposes of this section, "cost" includes, but is not limited to, review, technical assistance, planning, administration, legislative, implementation, litigation, enforcement, or regulation expenses.
(5) This section expires July 1, 2002.
NEW SECTION. Sec. 3. 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 takes effect immediately.
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