SENATE BILL REPORT

SB 5057

BYSenators Halsan, Deccio, Johnson, Talmadge, Hansen, Newhouse, Benitz, Lee, Vognild, McDonald, Nelson, Anderson, Barr, Hayner and Saling; by request of Joint Administrative Rules Review Committee

Authorizing the rules review committee to suspend agency rules.

Senate Committee on Governmental Operations

Senate Hearing Date(s):January 29, 1987

Senate Staff:Sam Thompson (786-7754); Walt Corneille (786-7452)

AS OF JANUARY 28, 1987

BACKGROUND:

The Joint Administrative Rules Review Committee (JARRC) reviews proposed and existing administrative rules of state agencies to determine whether the rules comply with legislative intent.  The JARRC is a bipartisan committee consisting of four Senators and four Representatives.

If the Committee finds that a proposed or existing rule does not comply with legislative intent, it notifies the agency of its decision.  If the agency does not amend, modify, withdraw or repeal the rule to conform to legislative intent, the Committee may file a notice of objection and a statement of its reasons with the Code Reviser.  The Code Reviser, in turn, publishes the Committee's objections in the Washington State Register and a reference to the objections in the Washington Administrative Code.

Other than the publication of its objections, the Committee's powers are advisory.

Many states have adopted rules review procedures that enable agency rules to be suspended if they are found to be outside of legislative intent.

SUMMARY:

The Joint Administrative Rules Review Committee is authorized to temporarily suspend the effectiveness of existing agency administrative rules.  When the Committee determines that a rule does not conform with the intent of the Legislature, it may suspend the effectiveness of the rule by a two-thirds vote of its members.

If the Governor approves the suspension of the rule, it is effective from the date of the approval and continues until 90 days after the end of the next legislative session.

Notice of the Committee's objections and a statement of its reasons must be transmitted to the Governor within seven days of the vote to suspend the rule.  Within seven days of the receipt of the notice, the Governor must transmit to the Committee and the Code Reviser written approval or disapproval of the suspension.

The Committee's suspension of a rule and the Governor's action on it must be published in the Washington State Register and the Washington Administrative Code.

Fiscal Note:      none requested