BILL REQ. #:  H-3776.1 

Read first time 01/14/2004.   Referred to Committee on State Government.

     AN ACT Relating to legislative hearings on proposed agency rules; and adding a new section to chapter 34.05 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 34.05 RCW to read as follows:
     (1) An agency may not adopt a proposed rule until the legislature has had the opportunity to hold a public hearing on the proposed rule. Legislative hearings on agency rules will be held as follows:
     (a) For proposed rules published in the state register between October 1st and December 31st of the same year, a public hearing will be held during the regular session of the following year.
     (b) For proposed rules published in the state register between January 1st and September 30th, a public hearing will be held during the legislative interim of that same year. During this period, hearings will be held within sixty calendar days of publication of the text of the proposal in the state register.
     (2) An agency seeking to adopt a proposed rule shall submit a copy of the rule, along with the summary and responses required by RCW 34.05.325(6), to the chief clerk of the house of representatives and the secretary of the senate at the same time that the text of the proposed rule is sent to the code reviser for publication in the state register. Upon receipt of a proposed rule, the speaker of the house of representatives and the president of the senate shall refer the proposed rule to the appropriate standing committees in the house of representatives and the senate, respectively.
     (3) Standing committees may conduct a public hearing on a referred proposed rule. If a standing committee decides not to hold a hearing on a proposed rule, the committee chair must notify the chair and ranking minority leader of the appropriate standing committee in the opposite house. The house and senate standing committees may cooperate to hold joint hearings or to determine which body will hold the hearing.
     (a) If the standing committees in both houses determine that a hearing will not be held on a proposed rule, the committee chairs shall notify the appropriate agency of that decision and the agency may continue with the rule adoption process.
     (b) If the legislature has not held a public hearing on a proposed rule within the timeline established in subsection (1)(a) and (b) of this section, the agency may proceed with the rule adoption process.
     (4) Standing committees shall submit testimony received during the public hearing on a proposed rule to the agency proposing the rule.
     (5) This section does not apply to:
     (a) Emergency rules adopted in accordance with RCW 34.05.350; and
     (b) Rules adopted by the department of fish and wildlife establishing hunting and fishing seasons under RCW 77.12.047.
     (6) This section applies only to proposed rules the text of which is first published in the state register after the effective date of this act.