Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Government Accountability & Oversight Committee |
SB 5641
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Brief Description: Requiring the governor's signature on significant legislative rules.
Sponsors: Senators Bailey, Carrell and Pearson.
Brief Summary of Bill |
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Hearing Date: 4/2/13
Staff: Thamas Osborn (786-7129).
Background:
The Administrative Procedure Act (APA) details requirements that must be satisfied in order for certain state agencies to adopt a significant legislative rule. A significant legislative rule is one that:
adopts substantive provisions of law, the violation of which subjects the violator 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 policy or regulatory program, or makes significant amendments to a policy or regulatory program.
Significant legislative rules do not include emergency rules, procedural rules, interpretative rules, or rules adopted through expedited rule-making. Examples of the requirements for adoption of a significant legislative rule include a cost/benefit analysis, a determination of whether the rule imposes more stringent requirements on private entities than on public entities, and a determination of whether the rule differs from federal regulations and law.
The following agencies must satisfy the APA requirements in order to adopt a significant legislative rule:
Department of Ecology;
Department of Labor and Industries;
Department of Health;
Department of Revenue;
Department of Social and Health Services;
Department of Natural Resources;
Employment Security Department;
Forest Practices Board;
Office of the Insurance Commissioner; and
Department of Fish and Wildlife
The final order by which any rule is adopted by an agency must contain:
the date the agency adopted the rule;
a concise description of the purpose of the rule;
a reference to all rules repealed, amended or suspended by the rule;
a reference to the specific authority, statutory or otherwise, authorizing the agency to adopt the rule;
any findings required for adoption of the rule; and
the effective date.
Summary of Bill:
The order of a state agency adopting a significant legislative rule must be signed by the governor if either the head or the governing body of such agency is appointed by the governor.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.