SENATE BILL REPORT

SSB 5374

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Passed Senate, March 4, 2011

Title: An act relating to making technical, nonsubstantive changes to department of agriculture-related sections.

Brief Description: Making technical, nonsubstantive changes to various sections of the Revised Code of Washington that impact the department of agriculture.

Sponsors: Senate Committee on Agriculture & Rural Economic Development (originally sponsored by Senators Becker and Hobbs).

Brief History:

Committee Activity: Agriculture & Rural Economic Development: 1/27/11, 2/01/11 [DPS].

Passed Senate: 3/04/11, 49-0.

SENATE COMMITTEE ON AGRICULTURE & RURAL ECONOMIC DEVELOPMENT

Majority Report: That Substitute Senate Bill No. 5374 be substituted therefor, and the substitute bill do pass.

Signed by Senators Hatfield, Chair; Shin, Vice Chair; Delvin, Ranking Minority Member; Becker, Haugen, Hobbs, Honeyford and Schoesler.

Staff: Sam Thompson (786-7413)

Background: Incorrect cross-references or obsolete terms may arise in the Revised Code of Washington (RCW) when legislation fails to make necessary conforming amendments to all affected RCW sections. Typographical errors may arise in the legislative process.

Nonsubstantive corrective legislation is occasionally proposed by the Statute Law Committee and other parties.

In Fray v. Spokane County, 134 Wn.2d 637 (1998), the Washington Supreme Court ruled that a substantive change in an act purporting to make nonsubstantive changes ("An Act relating to making technical corrections") was invalid because it violated the state constitutional provision requiring that the subject of a bill be expressed in its title.

Summary of Substitute Bill: An intent section provides that the purpose of the act is to make technical, nonsubstantive changes, and that no substantive changes are intended or implied.

Incorrect cross-references, obsolete language, and misspelled terms are corrected or deleted; grammatical corrections are made; and gender-specific references are updated to become gender-neutral. An obsolete section is repealed.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimonyon Original Bill: PRO: This bill makes necessary technical changes to correct errors in the RCW.

Persons Testifying: PRO: Tom Davis, Washington State Department of Agriculture.