6242 AMS FRAS SEIB 03

SB 6242 - S AMD TO S AMD (S5067.3) - 000138

    BySenator Fraser

                                               NOT ADOPTED 2/12/94

    On page 17, line 23, strike all of section 23 and insert the following:

    "NEW SECTION. Sec. 23.  A new section is added to chapter 43.17 RCW to read as follows:

    (1) The governor and all elected officials who head state agencies shall, where appropriate, require state agencies with regulatory enforcement authority to designate one or more technical assistance representatives to encourage and coordinate voluntary compliance and provide technical assistance concerning compliance with the agency's laws and rules.  Such technical assistance representatives may perform such duties on either a full-time or part-time basis.

    (2) An employee designated by an agency to provide technical assistance may not, during the period of the designation, have authority to issue orders or assess penalties on behalf of the agency.  The agency shall develop a means to identify the employee to businesses as a technical assistance provider during the period of designation.  Such an employee who provides on-site consultation to a business and who observes non-compliance with the law shall inform the owner or operator of the business of the violations and provide technical assistance concerning compliance.  On-site consultation visits by such an employee may not be regarded as inspections or investigations for enforcement purposes, and no notices or citations may be issued or civil penalties assessed during such a visit.  If the owner or operator of the business does not correct the observed non-compliance within a reasonable time and the business is inspected with enforcement personnel, the agency may take appropriate enforcement action.  If a technical assistance representative or member of a technical assistance unit observes a non-compliance with the law that places a person in danger of death or substantial bodily harm, is causing or is likely to cause significant environmental harm, or has caused or is likely to cause physical damage to the property of others in an amount exceeding one thousand dollars, the agency may initiate enforcement action immediately upon observing the violation.  In the case of an unpaid tax or fee, the agency may initiate immediate enforcement action if the amount unpaid by the business in a year is greater than a minor amount or a minor percent of the amount owed.

    (3) The state, the agency, and officers or employees of the state shall not be liable for damages to a person to the extent that liability is asserted to arise from the performance by technical assistance representatives of their duties, or if liability is asserted to arise from the failure of the agency to supply technical assistance.

    (4) Nothing in this section shall be construed to preclude any agency employee from providing technical assistance concerning compliance with an agency's laws and rules."

SB 6242 - S AMD TO S AMD (S5067.3) - 000138

    BySenator Fraser

    On page 21, line 1 after "RCW;" insert "adding a new section to chapter 43.17 RCW;"

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