Title: An act relating to the governor's signature on significant legislative rules.

Brief Description: Requiring the governor's signature on significant legislative rules.

Sponsors: By Representatives Grant, Armstrong, Upthegrove, Schoesler, Linville, Nixon, Ruderman, Hunter, Woods and Orcutt.

Brief Summary of Bill

• Requires the Governor to sign all significant legislative rules adopted by agencies under his authority.

Majority Report: Do pass. Signed by 7 members: Representatives Haigh, Chair; Miloscia, Vice Chair; Armstrong, Ranking Minority Member; Shabro, Assistant Ranking Minority Member; Nixon, Tom and Wallace.

Minority Report: Without recommendation. Signed by 2 members: Representatives Hunt and McDermott.

The Administrative Procedure Act (APA) details certain requirements that must be satisfied in order for an agency to adopt a significant legislative rule. A significant legislative rule is one that:

• adopts substantive provisions of law, the violation of which subjects the violator to a penalty or sanction;

• establishes, alters, or revokes any qualification or standard for the issuance, suspension, or revocation of a license or permit; or

• adopts a new policy or regulatory program, or makes significant amendments to a policy or regulatory program.

Significant legislative rules do not include emergency rules, procedural rules, interpretative rules, or rules adopted through expedited rulemaking. Examples of the requirements for adoption of a significant legislative rule include a cost/benefit analysis, a determination of whether the rule imposes more stringent requirements on private entities than on public entities, and a determination of whether the rule differs from federal regulations and law. The following agencies must satisfy the APA requirements in order to adopt a significant legislative rule:

The final order by which any rule is adopted by an agency must contain the date the agency adopted the rule, a concise description of the purpose of the rule, a reference to all rules repealed, amended or suspended by the rule, a reference to the specific authority, statutory or otherwise, authorizing the agency to adopt the rule, any findings required for adoption of the rule, and the effective date.

For significant legislative rules adopted by agencies under the authority of the Governor, the final order of adoption must also include the Governor's signature.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.

Testimony For: When legislators pass bills, they must sign their name to the passed legislation. When the Governor's agencies pass rules, the Governor should have to do the same.

(With concerns) The Governor's Office would have to conduct an independent review and analysis of each rule passed, which would have a significant workload and fiscal impact. Agency directors or management are already required to sign the rulemaking documents.