HOUSE BILL REPORT

                 ESHB 2123

             As Reported By House Committee On:

                      State Government

Title:  An act relating to expedited rule making.

Brief Description:  Consolidating procedures for expedited rule making.

Sponsors:  Representatives Cox, Grant, McMorris, Romero, D. Schmidt and Doumit.

Brief History:

  Committee Activity:

State Government:  2/23/99, 3/2/99 [DPS];

State Government:  2/2/00 [DP2S].

Floor Activity:

Passed House:  3/12/99, 95-0.

        Brief Summary of Second Substitute Bill

$Duplicative provisions providing for the expedited rules adoption process are eliminated and the expedited rules adoption process is continued until December 31, 2001.

HOUSE COMMITTEE ON STATE GOVERNMENT

Majority Report:  The second substitute bill be substituted therefor and the second substitute bill do pass.  Signed by 6 members:  Representatives McMorris, Republican Co-Chair; Romero, Democratic Co-Chair; Miloscia, Democratic Vice Chair; Dunshee; Haigh and D. Schmidt.

Minority Report:  Do not pass.  Signed by 2 members:  Representatives Campbell, Republican Vice Chair and Lambert.

Staff:  Steve Lundin (786-7127).

Background:

The Administrative Procedures Act contains procedures for most state agencies to adopt rules.

A variety of requirements are established for agencies to adopt rules.  Further requirements are established for the adoption of significant legislative rules.

An expedited rule adoption process was established in 1997, that involves an abbreviated process.  These provisions expire December 31, 2000.  Rules may be adopted under this process without preparation of a small business economic impact statement, publishing a statement indicating whether the rule constitutes a significant legislative rule, preparing a significant legislative rule analysis, making a pre-notice inquiry, or conducting a hearing.  Notice is published indicating the use of the expedited rule adoption process.  If any person files written objections to the use of this process within 45 days of the publishing of the notice, the use of the expedited rule adoption process stops, and the agency may proceed to adopt the proposed rules following the regular rule adoption process.

The expedited rule adoption process may only be used to adopt rules that: (a) relate to internal governmental operations that are not subject to violation by a person; (b) adopt or incorporate by reference, without material change, federal laws or regulations, state laws or rules of other agencies, shoreline master programs other than those governing shorelines of statewide significance, or national consensus codes that are referenced in state law establishing industry standards; (c) correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; (d) contain matters that are explicitly and specifically dictated by statute; (e) have been the subject of negotiated rule making, pilot rule making, or some other process involving substantial participation by interested parties before development or the rule; or (f) are being amended after the significant legislative rule adoption process.

A separate section of law provides for an expedited process to repeal rules that follows the expedited rule adoption process.

Legislation was enacted in 1998 altering the Administrative Procedures Act.  In part, this legislation deleted the expedited rule adoption process from one statute and inserted the same provisions into a new section of law.  This new section of law included a provision terminating the section on December 31, 2000.  The Governor vetoed the section that deleted the expedited rule adoption process but did not veto the new section containing the same language.  As a result, the same expedited rule making procedure is included in two separate sections of law.

Summary of Second Substitute Bill:

The duplicative provisions of state law relating to the expedited rules adoption process are eliminated.  The authority for expedited repeal of rules is placed into the single statute the provides for expedited rule adoption.  The termination of these provisions is extended until December 31, 2001.

Second Substitute Bill Compared to Original Bill:  The termination date is extended rather than eliminated.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date of Second Substitute Bill:  January 1, 2000.

Testimony For:  None.

Testimony Against:  None.

Testified:  None.