FINAL BILL REPORT

ESB 5256

C 165 L 03

Synopsis as Enacted

Brief Description: Revising rule-making procedures.

Sponsors: Senators Roach, Doumit, Hale, Kastama, Mulliken, T. Sheldon, Haugen, Hewitt, Stevens, Zarelli, Parlette, Horn, Rossi and Johnson.

Senate Committee on Government Operations & Elections

House Committee on State Government

Background: When an agency first proposes to adopt a rule, it must determine whether the proposed rule is a significant legislative rule that requires the significant legislative rule-making analysis.

Significant legislative rules are rules that do one of the following: adopt substantive provisions of law, the violation of which results in penalties or sanctions; affect the issuance, suspension, or revocation of a license or permit; or make significant changes to regulatory programs.

The significant legislative rules of certain agencies are subject to the additional procedural requirement in their adoption called the significant legislative rule-making analysis. One of these additional analyses is whether the benefits of the rule are greater than the costs.

Summary: For rules subject to the significant legislative rules process, the notice of proposed rule-making must contain a statement that a preliminary cost-benefit analysis is available. If an agency files a supplemental notice of rule-making, a revised preliminary cost-benefit analysis must be available. When the rule is adopted, a final cost-benefit analysis must be available.

Votes on Final Passage:

Senate       48  1

House       93  0

Effective: July 27, 2003