WSR 98-01-065

EXECUTIVE ORDER

OFFICE OF THE GOVERNOR

[EO 97-04]

rescission of executive orders

WHEREAS, over 150 executive orders are currently in existence, some of which were issued 20 to 30 years ago.

WHEREAS, many of these executive orders are obsolete, unnecessary, confusing, or have been rendered ineffective because of more recent actions, such as the expiration of councils and committees, the issuance of superseding executive orders, or subsequently enacted law on the same subject.

WHEREAS, the existence of many of these executive orders can create confusion among executive agencies and the public regarding the current administrative policies and direction of state government, and are an unnecessary regulatory burden.

WHEREAS, the Office of the Governor and executive agencies have reviewed each existing executive order and identified 75 orders that can be rescinded immediately without affecting the current policies and programs of state government.

NOW THEREFORE, I, Gary Locke, Governor of the State of Washington, in keeping with the principles of regulatory reform and improvement, declare my commitment to streamline and simplify the operations of state government by eliminating unnecessary, outdated, and conflicting policies and directives of the Office of the Governor. To accomplish that purpose, by virtue of the power vested in me, I hereby order and direct that the following executive orders are rescinded:

EO 66-03, relating to civil rights fair practices for state agencies

Subsequent federal and state statutes render this Order obsolete.

EO 75-05, relating to area-wide planning districts for federal grant purposes

The federal program which requires these designations no longer exists.

EO 76-03, relating to the State Developmental Disabilities Planning Council

This Order was superseded by EO 90-06.

EO 77-13, relating to civil rights fair practices for state agencies

Subsequent federal and state statutes render this Order obsolete.

EO 79-09, relating to the low-level nuclear waste site at Hanford

The requirements of this Order were incorporated into current statutes and rules.

EO 81-06, relating to state agency disaster preparedness plans

The mandated plans have been completed and the agency responsible for coordination has been eliminated.

EO 81-07, relating to the Regional Low-level Radioactive Waste Committee

The Committee was superseded by the Northwest Interstate Compact Committee, as established by federal law.

EO 81-14, relating to the acquisition of office equipment

The nature of office support equipment and purchasing requirements has changed significantly since 1981, rendering this Order obsolete.

EO 81-20, relating to state office remodeling

The approval language in this Order is inconsistent with current statutes governing the Department of General Administration's authority to review and consult agencies regarding alteration of office space.

EO 81-22, relating to the Advisory Committee on Education Program Consolidation

This Order was superseded by EO 92-05.

EO 81-23, relating to the FTE reduction program for the 1981-83 biennium

This Order applied only to the 1981-83 biennium and is therefore obsolete.

EO 82-08, relating to the Tourism Development Council

The Council is no longer in existence and the directives are outdated.

EO 82-09, relating to the Committee on High Technology Training and Advancement

This Order is obsolete by virtue of the fact that the Committee has been overtaken by technological developments, new agencies and new programs.

EO 82-10, relating to the Committee on Forest Products Market Development

The Committee completed its work; its charge to identify international markets was assumed by the Evergreen Partnership, the Center for International Trade in Forest Products, and the Department of Community, Trade and Economic Development.

EO 82-12, relating to the Advisory Commission on Intergovernmental Relations

The directives are outdated and funding is no longer available; agencies now coordinate at meetings of the Executive Cabinet.

EO 82-17, relating to high-level nuclear waste site committees

A site in Nevada was selected as the preferred location of a national high-level nuclear waste repository; Hanford is no longer under consideration. Thus, this Order is obsolete.

EO 82-19, relating to review of agency personal service contracts

This Order has been superseded by more detailed statutory requirements.

EO 82-20, relating to the Mt. St. Helens Coordinating Council

For all hazard recoveries, these functions are now performed by the Emergency Management Division of the Military Department as part of its normal operations defined by statute.

EO 82-23, relating to the State Developmental Disabilities Planning Council

This Order was superseded by EO 90-06.

EO 83-01, relating to minority and women's business contracting policies

These functions have been delegated by statute to the Office of Minority and Women's Business Enterprises.

EO 83-02, relating to expanding membership of the high-level radioactive waste council

A site in Nevada was selected as the preferred location of a national high-level nuclear waste repository; Hanford is no longer under consideration. Thus, this Order is obsolete.

EO 83-04, relating to the Recreation Resource Advisory Committee

The Committee completed its work and expired in 1983.

EO 83-05, relating to a 1983 state government hiring freeze

The effect of this Order had a prescribed ending date. Therefore, it is no longer operative.

EO 83-06, relating to a committee for the co-location of state laboratories

This Order has been superseded by statutory requirements for co-location of state facilities whenever possible.

EO 83-07, relating to the Governor's Committee on Employment of the Handicapped

This Order was superseded by EO 87-01.

EO 83-10, relating to the Citizens Utility and Telecommunications Advisory Committee

The Committee ceased meeting and no longer functions.

EO 83-11, relating to the emergency commission to study prison overcrowding

The commission submitted its report and has not been active since that time. Also, the recently created Washington State Law and Justice Advisory Council's mission and membership overlap with the commission.

EO 83-13, relating to the Interagency Economic Development Coordinating Council

The Council was superseded by EO 84-21.

EO 83-15, relating to the Advisory Council on Food Assistance

The Council was a temporary group and no longer functions.

EO 83-17, relating to an intergovernmental review process for federal programs

Federal requirements no longer exist for this process.

EO 83-18, relating to the Advisory Council on Veterans' Business and Employment

The Council ceased meeting and no longer functions.

EO 83-19, relating to state agency accessibility for disabled citizens

The provisions of this Order were incorporated into the more comprehensive EO 96-04.

EO 84-02, relating to the Council of Financial Advisors

The Council is no longer in existence. It has been replaced by the Governor's Council of Economic Advisors, which was created by EO 90-05.

EO 84-03, relating to the Tourism Development Commission

The commission no longer exists and the Order contains outdated references.

EO 84-04, relating to the Advisory Council on International Trade and Development

The Order expired in 1985 and is therefore outdated.

EO 84-05, relating to license fees for salmon troll and charter fisheries

The license fee waivers issued by the Order applied only in 1984.

EO 84-06, relating to a state agency freeze on telephone system acquisitions

The Order is outdated and obsolete, as the Department of Information Services now assumes telecommunications responsibilities.

EO 84-08, relating to the Advisory Council on International Trade and Development

The Order expired in 1985 and is therefore outdated.

EO 84-09, relating to the Capitol Campus Design Advisory Committee

This Order was replaced by a more specific statute.

EO 84-14, relating to the Puget Sound Management Directorate

The Directorate was superseded by subsequent statutes creating the Puget Sound Water Quality Authority and the Puget Sound Water Quality Action team in the Office of the Governor.

EO 85-01, relating to expenditure reductions for 1983-85 biennium

This Order applied only to the 1981-83 biennium and is therefore obsolete.

EO 85-02, relating to expenditure reductions for 1983-85 biennium

This Order rescinded EO 85-01 and is therefore made obsolete by the rescission of that Order.

EO 85-03, relating to the State Developmental Disabilities Planning Council

This Order was superseded by EO 90-06.

EO 85-04, relating to the Task Force on Support Enforcement

The Task Force has expired and is no longer in existence.

EO 85-05, relating to the Task Force on Children's Day Care

The Task Force completed its work in 1986. Currently, the Child Care Coordinating Council has responsibility in this area.

EO 85-07, relating to the Advisory Council on Education Funding

The work of the Council was completed in 1986.

EO 85-08, relating to the transfer of fire protection functions

This program has been incorporated into the Washington State Patrol and its provisions are outdated.

EO 86-01, relating to surcharge fees for out-of-region low-level nuclear waste

The Order was rendered obsolete by the Northwest Compact's denial of access to out-of-region low-level nuclear waste.

EO 86-02, relating to fire protection services

The Department of Community Development no longer exists and fire protection responsibilities have been transferred to the Washington State Patrol.

EO 86-03, relating to the Task Force on Hunger

The Task Force has expired and is no longer in existence.

EO 87-01, relating to the Committee on Disability Issues in Employment

This Order has been superseded and corrected by EO 87-08.

EO 87-07, relating to the Council on Vocational Education

The Council was established by statute in 1991. Federal funding for the Council was eliminated in 1996.

EO 87-10, relating to allocation of federal low income housing tax credit

This Order was superseded by EO 90-01.

EO 88-02, relating to license fees for salmon troll and charter fisheries

The license fee waivers issued by the Order applied only in 1988.

EO 88-03, relating to a wetland study of the Department of Ecology

The study has been completed.

EO 88-04, relating to the Motor Vehicle Advisory Committee

This Order was superseded by specific statutory authority. The directives in the Order and statute have been met by the Department of General Administration.

EO 88-07, relating to operating guidelines for the State Board for Vocational Education

The functions of the Board were superseded by statute, which replaced it with the Workforce Training and Education Coordinating Board.

EO 88-08, relating to the Advisory Council for Advanced Technology in Schools

The Council expired in 1989 and is no longer in existence.

EO 88-09, relating to the Environment 2010 Advisory Committee

The Committee was created to advise the Environment 2010 process, which is no longer operational.

EO 89-04, relating to the Task Force on Community Protection

The Task Force has disbanded.

EO 89-05, relating to the Commission on African-American Affairs

This Commission was later established in statute, rendering the Order obsolete.

EO 89-06, relating to the committee on rules for collection of DNA identification data

Under the terms of the Order, the Committee has disbanded.

EO 89-07, relating to the 21st Century Institute for Advanced Technology in Schools

The Institute was never funded by the Legislature, and expired automatically in 1992.

EO 89-08, relating to the State Growth Strategies Commission

The Commission completed its work and terminated in 1990.

EO 90-01, relating to the allocation of federal low income housing tax credit

This Order was superseded by EO 90-07.

EO 90-02, relating to the Workforce 2000 program

The requirements of the Order have been meet, and the interagency advisory group is no longer in existence.

EO 90-03, relating to the Office of Crime Victim's Advocacy

The office was subsequently created under statute, rendering the Order obsolete.

EO 90-07, relating to the allocation of federal low income housing tax credit

This Order was superseded by EO 91-07.

EO 91-07, relating to the allocation of federal low income housing tax credit

This Order was superseded by EO 94-05.

EO 92-05, relating to the Committee on Elementary and Secondary Education Improvement

Subsequent federal law removed the requirement for a Governor-appointed advisory committee.

EO 92-07, relating to the Office of Crime Victim's Advocacy

The Order was superseded by statute.

EO 93-01, relating to the post-secondary education review required by federal law

Federal law required that this action be repealed.

EO 93-02, relating to ethical conduct for executive branch employees

Subsequent statutes eliminated the Governor's power to establish these standards and policies.

EO 94-04, relating to the Watershed Coordinating Council

The Council expired in 1997 and many of its functions are expected to be carried out by the Joint Natural Resources Cabinet.

EO 94-10, relating to the Telecommunications Policy Coordination Task Force

The Task Force completed its report and is no longer functional.

This order shall take effect immediately.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at Olympia this ninth day of December A.D., Nineteen hundred ninety-seven.

Gary Locke

____________________________

Governor of Washington

BY THE GOVERNOR:

Gary McIntosh

_______________________

Acting Deputy Secretary of State