SENATE BILL REPORT
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 of February 16, 2015
Title: An act relating to limiting the enforcement of administrative rules and policies.
Brief Description: Limiting the enforcement of administrative rules and policies.
Sponsors: Senators Padden, Becker, Bailey, Warnick, Honeyford, Pearson and Roach.
Committee Activity: Government Operations & Security: 2/02/15.
SENATE COMMITTEE ON GOVERNMENT OPERATIONS & SECURITY
Staff: Curt Gavigan (786-7437)
Background: The Administrative Procedure Act (APA) establishes the general procedures for agency rulemaking and adjudicatory proceedings. Under the APA, a rule includes an agency order, directive, or regulation of general applicability that:
could result in a penalty or sanction;
establishes a process for agency hearings;
addresses qualifications or requirements relating to benefits or privileges conferred by law; and
addresses qualifications or standards for commercial activity or professional licenses professions.
In order to adopt a rule, the APA generally requires that an agency:
have the statutory authority to adopt the rule;
provide public notice of the proposed rulemaking; and
provide an opportunity for the public to comment on the proposed rules, both in writing and at a hearing.
Summary of Bill: After July 1, 2015, a state agency may not enforce a rule or policy until it has been adopted under the APA, codified in the state's administrative code, and ratified by an act of the Legislature.
Fiscal Note: Not requested.
Committee/Commission/Task Force Created: No.
Effective Date: The bill contains an emergency clause and takes effect on July 1, 2015.
Staff Summary of Public Testimony: PRO: Passing a bill is not the end of the process, as agency rules and enforcement are still in play. The goal is to make sure the Legislature has a say in rulemaking, and provide an opportunity for it to declare when something does not meet its intent. This would provide needed oversight of agency rule and policymaking.
Persons Testifying: PRO: Senator Padden, prime sponsor.
Signed In, Unable to Testify & Submitted Written Testimony: PRO: Cindy Alia, Citizens Alliance for Property Rights.