BP BHEAD INT S

AN ACT Relating to regulatory reform; adding a new section to chapter 35.21 RCW; and adding a new section to chapter 36.01 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 35.21 RCW to read as follows:

In addition to other requirements imposed by law, no city or town may adopt an ordinance or resolution, the violation of which subjects a business to a penalty or sanction, or that establishes, alters, or revokes a qualification or standard for the issuance, suspension, or revocation of a license to pursue a commercial activity, trade, or profession, unless:

(1) There exists a written record providing substantial evidence that: (a) The particular ordinance or resolution is needed; (b) the benefits of the particular ordinance or resolution outweigh its costs; (c) the city or town considered any other less intrusive or less costly means to achieve the purpose of the rule that were proposed in public hearing, but had reasonable justification for rejecting them in favor of the adopted rule; and (d) a fee imposed by the ordinance or resolution is reasonable and directly related to the cost of program administration;

(2) The ordinance or resolution is clearly and simply stated, so that it will be understood by a party required to comply;

(3) The ordinance or resolution does not conflict with any other provision of local, state, or federal law;

(4) The city or town has a written plan to inform and educate affected parties about the rule, to promote voluntary compliance, and to evaluate whether the ordinance or resolution achieves the purpose for which it was adopted; and

(5) The city or town shall survey other federal, state, and local entities that have jurisdiction over the same or similar subject matter to determine whether the ordinance conflicts with, overlaps, or duplicates other provisions of state, federal, or local law, and whether the ordinance exceeds any provision of state or federal law regulating the same activity or subject matter.

If a conflict exists, the city or town may not adopt the ordinance or resolution.

If an overlap or duplication exists, the city or town shall (a) make available to the public a list citing by reference other laws that the ordinance or resolution overlaps or duplicates, and (b) mitigate the adverse impact of the overlap or duplication through coordination with the appropriate federal, state, or local entities.

If the ordinance exceeds any provision of state or federal law regulating the same activity or subject matter, the city or town shall, to the extent practicable, coordinate implementation or enforcement with the appropriate state or federal entities.

NEW SECTION. Sec. 2. A new section is added to chapter 36.01 RCW to read as follows:

In addition to other requirements imposed by law, no county may adopt an ordinance or resolution, the violation of which subjects a business to a penalty or sanction, or that establishes, alters, or revokes a qualification or standard for the issuance, suspension, or revocation of a license to pursue a commercial activity, trade, or profession, unless:

(1) There exists a written record providing substantial evidence that: (a) The particular ordinance or resolution is needed; (b) the benefits of the particular ordinance or resolution outweigh its costs; (c) the county considered any other less intrusive or less costly means to achieve the purpose of the rule that were proposed in public hearing, but had reasonable justification for rejecting them in favor of the adopted rule; and (d) a fee imposed by the ordinance or resolution is reasonable and directly related to the cost of program administration;

(2) The ordinance or resolution is clearly and simply stated, so that it will be understood by a party required to comply;

(3) The ordinance or resolution does not conflict with any other provision of local, state, or federal law;

(4) The county has a written plan to inform and educate affected parties about the rule, to promote voluntary compliance, and to evaluate whether the ordinance or resolution achieves the purpose for which it was adopted; and

(5) The county shall survey other federal, state, and local entities that have jurisdiction over the same or similar subject matter to determine whether the ordinance conflicts with, overlaps, or duplicates other provisions of state, federal, or local law, and whether the ordinance exceeds any provision of state or federal law regulating the same activity or subject matter.

If a conflict exists, the county may not adopt the ordinance or resolution.

If an overlap or duplication exists, the county shall (a) make available to the public a list citing by reference other laws that the ordinance or resolution overlaps or duplicates, and (b) mitigate the adverse impact of the overlap or duplication through coordination with the appropriate federal, state, or local entities.

If the ordinance exceeds any provision of state or federal law regulating the same activity or subject matter, the county shall, to the extent practicable, coordinate implementation or enforcement with the appropriate state or federal entities.