SENATE BILL REPORT

SB 5364

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.

As Reported by Senate Committee On:

Government Operations & Security, February 19, 2015

Title: An act relating to proceedings of the joint administrative rules review committee.

Brief Description: Concerning proceedings of the joint administrative rules review committee.

Sponsors: Senators Dansel, Padden and Honeyford.

Brief History:

Committee Activity: Government Operations & Security: 2/02/15, 2/19/15 [DP, DNP].

SENATE COMMITTEE ON GOVERNMENT OPERATIONS & SECURITY

Majority Report: Do pass.

Signed by Senators Roach, Chair; Benton, Vice Chair; Pearson, Vice Chair; Dansel.

Minority Report: Do not pass.

Signed by Senators Liias, Ranking Minority Member; Habib and McCoy.

Staff: Curt Gavigan (786-7437)

Background: Joint Administrative Rules Review Committee (JARRC) Generally. JARRC is an eight-member legislative committee consisting of four senators and four representatives, with no more than two members from each house of the same political party.

JARRC is authorized to conduct selective review, initiated on its own or by petition, of agency rules and policies to determine whether:

Petitions to JARRC. Any person may petition JARRC for a review of a proposed or existing rule, policy, or interpretive statement. JARRC must acknowledge receipt of a petition within 30 days and describe any initial action taken. If JARRC rejects the petition, a written statement of the reasons must be included. Within 90 days, JARRC must make a final decision on any petition for which review was not previously rejected.

JARRC Sanction Authority. The JARRC sanction process involves the following potential steps:

Summary of Bill: The filing of a petition for review of a rule or policy triggers a stay of implementation, enforcement, or changes to the relevant rule or policy until the conclusion of the rules review process.

If JARRC makes an initial decision, receives the agency response, and finds by a majority vote that the agency has not corrected the issue:

In addition to publishing a reference to JARRC's objections, the Code Reviser must also note the existence of the stay of the relevant rule or policy. This reference may only be removed if:

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: JAARC can be a political process, and this will help improve agency responsiveness. Rules impact property and individuals, partially the expense of compliance. This will help ensure that the public petition is given a fair evaluation.

CON: There are concerns about whether this interferes with civics and the different roles of government branches. It also creates uncertainty around rules and negative impacts on business investments due to rule changes.

Persons Testifying: PRO: Cindy Alia, Citizens Alliance for Property Rights.

CON: Ben Serrurier, Climate Solutions; Kevin Kuper, Sequential Pacific Biodiesel.