2510-S2.E AMS AMON S5565.1
E2SHB 2510 - S AMD TO S AMD (S-5443.1/94) - 000317
By Senator Amondson
NOT ADOPTED 3/2/94 - ROLL CALL VOTE 23-26
On page 2, after line 8 of the amendment, insert the following:
"NEW SECTION. Sec. 2. The legislature finds that it has allowed state agencies to adopt administrative rules without sufficient guidance from the legislature, relying on general grants of authority rather than specific legislative policy direction. This has resulted in agency-initiated policy that has been adopted without the benefit of the public dialogue and accountability inherent to the legislative process. It is therefore the intent of the legislature in this act to lessen reliance on general grants of authority, limit agency rule making to those matters specifically authorized by the legislature, and that grants of rule-making authority be narrowly construed.
Sec. 3. RCW 43.70.040 and 1989 1st ex.s. c 9 s 106 are each amended to read as follows:
In addition to any other powers granted the secretary, the secretary may:
(1) Adopt, in
accordance with chapter 34.05 RCW, rules ((necessary to carry out the
provisions of this act;)) or policy statements, other than emergency
rules, only:
(a) As specifically required by federal law; or
(b) As specifically authorized, and only to the extent specifically authorized, by the legislature.
(2) Appoint such
advisory committees as may be necessary to carry out the provisions of ((this
act)) chapter 9, Laws of 1989 1st ex. sess. Members of such
advisory committees are authorized to receive travel expenses in accordance
with RCW 43.03.050 and 43.03.060. The secretary and the board of health shall
review each advisory committee within their jurisdiction and each statutory
advisory committee on a biennial basis to determine if such advisory committee
is needed. The criteria specified in RCW 43.131.070 shall be used to determine
whether or not each advisory committee shall be continued;
(3) Undertake studies,
research, and analysis necessary to carry out the provisions of ((this act))
chapter 9, Laws of 1989 1st ex. sess. in accordance with RCW 43.70.050;
(4) Delegate powers,
duties, and functions of the department to employees of the department as the
secretary deems necessary to carry out the provisions of ((this act)) chapter
9, Laws of 1989 1st ex. sess.;
(5) Enter into
contracts on behalf of the department to carry out the purposes of ((this
act)) chapter 9, Laws of 1989 1st ex. sess.;
(6) Act for the state
in the initiation of, or the participation in, any intergovernmental program to
the purposes of ((this act)) chapter 9, Laws of 1989 1st ex. sess.;
or
(7) Accept gifts, grants, or other funds.
Sec. 4. RCW 82.01.060 and 1977 c 75 s 92 are each amended to read as follows:
The director of
revenue, hereinafter in ((this 1967 amendatory act)) chapter 26, Laws
of 1967 ex. sess. referred to as the director, through the department of
revenue, hereinafter in ((this 1967 amendatory act)) chapter 26, Laws
of 1967 ex. sess. referred to as the department, shall:
(1) Assess and collect
all taxes and administer all programs relating to taxes which are the
responsibility of the tax commission at the time ((this 1967 amendatory act))
chapter 26, Laws of 1967 ex. sess. takes effect or which the legislature
may hereafter make the responsibility of the director or of the department;
(2) ((Make, adopt
and publish such rules and regulations as he may deem necessary or desirable to
carry out the powers and duties imposed upon him or the department by the
legislature: PROVIDED, That)) The director of revenue may adopt, in
accordance with chapter 34.05 RCW, rules or policy statements, other than
emergency rules, only:
(a) As specifically required by federal law; or
(b) As specifically authorized, and only to the extent specifically authorized, by the legislature.
(3) Rules ((and
regulations)) adopted by the tax commission prior to the effective date of
this ((1967 amendatory)) 1994 act shall remain in force until
such time as they may be revised or rescinded by the director;
(((3))) (4)
Provide by general regulations for an adequate system of departmental review of
the actions of the department or of its officers and employees in the
assessment or collection of taxes;
(((4))) (5)
Maintain a tax research section with sufficient technical, clerical and other
employees to conduct constant observation and investigation of the
effectiveness and adequacy of the revenue laws of this state and of the sister
states in order to assist the governor, the legislature and the director in
estimation of revenue, analysis of tax measures, and determination of the
administrative feasibility of proposed tax legislation and allied problems;
(((5))) (6)
Recommend to the governor such amendments, changes in, and modifications of the
revenue laws as seem proper and requisite to remedy injustice and
irregularities in taxation, and to facilitate the assessment and collection of
taxes in the most economical manner.
NEW SECTION. Sec. 5. A new section is added to chapter 43.21A RCW to read as follows:
The director of the department of ecology may adopt, in accordance with chapter 34.05 RCW, rules or policy statements, other than emergency rules, only:
(1) As specifically required by federal law; or
(2) As specifically authorized, and only to the extent specifically authorized, by the legislature.
NEW SECTION. Sec. 6. A new section is added to chapter 43.22 RCW to read as follows:
The director of the department of labor and industries may adopt, in accordance with chapter 34.05 RCW, rules or policy statements, other than emergency rules, only:
(1) As specifically required by federal law; or
(2) As specifically authorized, and only to the extent specifically authorized, by the legislature.
NEW SECTION. Sec. 7. A new section is added to chapter 43.24 RCW to read as follows:
The director of the department of licensing may adopt, in accordance with chapter 34.05 RCW, rules or policy statements, other than emergency rules, only:
(1) As specifically required by federal law; or
(2) As specifically authorized, and only to the extent specifically authorized, by the legislature.
Sec. 8. RCW 46.01.110 and 1979 c 158 s 120 are each amended to read as follows:
The director of
licensing is hereby authorized to adopt ((and enforce such reasonable rules
and regulations as may be consistent with and)), in accordance with
chapter 34.05 RCW, rules or policy statements, other than emergency rules,
only:
(1) As specifically required by federal law; or
(2) As specifically authorized, and only to the extent specifically authorized, by the legislature.
The rules shall be necessary to carry out the provisions relating to vehicle licenses, certificates of ownership and license registration and drivers' licenses not in conflict with the provisions of Title 46 RCW.
Sec. 9. RCW 50.12.010 and 1977 c 75 s 75 are each amended to read as follows:
The commissioner shall
administer this title. He or she shall have the power and authority to
((adopt, amend, or rescind such rules and regulations, to)) employ ((such))
persons, make ((such)) expenditures, require ((such)) reports,
make ((such)) investigations, and take ((such)) other action as
he or she deems necessary or suitable to that end. ((Such rules and
regulations shall be effective upon publication and in the manner, not
inconsistent with the provisions of this title, which the commissioner shall
prescribe.)) The commissioner, in accordance with the provisions of this
title, shall determine the organization and methods of procedure of the
divisions referred to in this title, and shall have an official seal which
shall be judicially noticed. The commissioner shall submit to the governor a
report covering the administration and operation of this title during the
preceding fiscal year, July 1 through June 30, and shall make ((such))
recommendations for amendments to this title as he or she deems proper.
((Such)) The report shall include a balance sheet of the moneys
in the fund in which there shall be provided, if possible, a reserve against
the liability in future years to pay benefits in excess of the then current
contributions, which reserve shall be set up by the commissioner in accordance
with accepted actuarial principles on the basis of statistics of employment,
business activity, and other relevant factors for the longest possible period.
Whenever the commissioner believes that a change in contribution or benefit
rates will become necessary to protect the solvency of the fund, he or she
shall promptly ((so)) inform the governor and legislature and make
recommendations with respect thereto.
NEW SECTION. Sec. 10. A new section is added to chapter 50.12 RCW to read as follows:
The commissioner of the employment security department may adopt, in accordance with chapter 34.05 RCW, rules or policy statements, other than emergency rules, only:
(1) As specifically required by federal law; or
(2) As specifically authorized, and only to the extent specifically authorized, by the legislature.
Sec. 11. RCW 77.04.090 and 1984 c 240 s 1 are each amended to read as follows:
The commission shall
adopt ((permanent rules and amendments to or repeals of existing rules)),
in accordance with chapter 34.05 RCW, rules or policy statements, other than
emergency rules, only:
(1) As specifically required by federal law; or
(2) As specifically authorized, and only to the extent specifically authorized, by the legislature, by approval of four members by resolution, entered and recorded in the minutes of the commission. The commission shall adopt emergency rules by approval of four members. The commission or the director, when adopting emergency rules under RCW 77.12.150, shall adopt rules in conformance with chapter 34.05 RCW. Judicial notice shall be taken of the rules filed and published as provided in RCW 34.05.380 and 34.05.210.
A copy of an emergency rule, certified as a true copy by a member of the commission, the director, or by a person authorized in writing by the director to make the certification, is admissible in court as prima facie evidence of the adoption and validity of the rule.
Sec. 12. RCW 43.17.060 and 1965 c 8 s 43.17.060 are each amended to read as follows:
The director of each
department may prescribe ((rules and regulations,)) guidelines
not inconsistent with law, for the government of his or her department,
the conduct of its subordinate officers and employees, the disposition and
performance of its business, and the custody, use, and preservation of the
records, papers, books, documents, and property pertaining thereto. This
section shall not be construed to authorize the adoption of rules under chapter
34.05 RCW.
NEW SECTION. Sec. 13. The following acts or parts of acts are each repealed:
(1) RCW 43.21A.080 and 1970 ex.s. c 62 s 8; and
(2) RCW 50.12.040 and 1973 1st ex.s. c 158 s 3 & 1945 c 35 s 43."
Renumber the remaining sections consecutively and correct any internal references accordingly.
E2SHB 2510 - S AMD TO S AMD (S-5443.1/94)
By Senator Amondson
On page 21, line 13 of the title amendment, after "RCW" insert "43.70.040, 82.01.060, 46.01.110, 50.12.010, 77.04.090, 43.17.060,"
On page 21, line 16 of the title amendment, after "RCW;" insert "adding a new section to chapter 43.21A RCW; adding a new section to chapter 43.22 RCW; adding a new section to chapter 43.24 RCW; adding a new section to chapter 50.12 RCW;"
On page 21, line 20 of the title amendment, after "RCW;" strike everything through "repealing RCW" and insert "creating new sections; repealing RCW 43.21A.080, 50.12.040,"
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