Brief Description: Requiring the governor's signature on significant legislative rules.

Sponsors: Representatives Grant, Holmquist, Kessler, Upthegrove, Walsh, Linville, Nixon, Hinkle, Buri, Newhouse, Orcutt, Kristiansen, Campbell, Hankins, McDonald, Talcott, Bailey, Shabro, Skinner, Roach, Haigh, McCune, Kretz, Hunter, Moeller, Miloscia, Williams, O'Brien, Schindler, P. Sullivan, Blake, Anderson, Buck, Wallace, Chase, Condotta and Santos.

Hearing Date: 1/25/05

Staff: James Allen (786-7114).

Background:

Washington's Administrative Procedure Act (Act) establishes procedures under which state agencies adopt rules and conduct adjudicative proceedings. The Act also sets out procedures for judicial and legislative review.

The Act contains requirements for agency rulemaking. These requirements include:

• The date the agency adopted the rule;
• A concise statement of the purpose of the rule;
• A reference to all rules repealed, amended, or suspended by the rule;
• A reference to the specific statutory or other authority authorizing adoption of the rule;
• Any findings required by any provision of law as a precondition to adoption or effectiveness of the rule; and
• The effective date of the rule if other than that specified in another statute.

A significant legislative rule is defined in the Act as a rule that is not procedural or interpretive and is a rule that:

• Adopts substantive provisions of law pursuant to delegated legislative authority, the violation of which subjects a violator of such rule to a penalty or sanction;
• Establishes, alters, or revokes any qualification or standard for the issuance, suspension, or revocation of a license or permit; or
• Adopts a new, or makes significant amendments to, a policy or regulatory program.

Summary of Bill:

The Governor must sign significant legislative rules adopted by agencies under the Governor's authority.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.