WSR 09-17-084

PROPOSED RULES

SENTENCING GUIDELINES COMMISSION


[ Filed August 17, 2009, 7:39 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-14-081.

Title of Rule and Other Identifying Information: Repealing chapter 437-10 WAC, Bylaws. Removing bylaws from the Washington Administrative Code.

Hearing Location(s): Holiday Inn, 17338 International Boulevard, SeaTac, WA 98188, (206) 428-2123, on October 9, 2009, at 9:00 a.m.

Date of Intended Adoption: October 9, 2009.

Submit Written Comments to: Jennifer Jones, Rules Coordinator, Sentencing Guidelines Commission, P.O. Box 40927, Olympia, WA 98504, e-mail JenniferJ@sgc.wa.gov, fax (360) 407-1043, by October 2, 2009.

Assistance for Persons with Disabilities: Contact Jennifer Jones, (360) 407-1043.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To repeal chapter 437-10 WAC, from the administrative code. The purpose is to make changes to the bylaws more expedient by removing them from the rule-making process. The sentencing guidelines commission (SGC) will continue to operate under bylaws, but by removing them from the administrative code, the body will be able to respond to changing circumstances immediately. For example, the current bylaws according to WAC 437-10-080 allow the commission to change the bylaws by a simple majority. However, this change may not take effect for at least four months under the rule-making process. The anticipated effects are to allow the commission to respond more quickly to emerging issues. There are no anticipated effects for the public since the bylaws already allow changes to be made by the members' vote, notice of meetings are given on the SGC web site, and time for public comment is given at meetings. The bylaws will also be published on the SGC web site.

Reasons Supporting Proposal: To allow the agency to adapt to and respond more quickly to emerging issues. Bylaws are not required to be codified.

Statutory Authority for Adoption: RCW 9.94A.850, commission's rule-making authority under chapter 34.05 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Sentencing guidelines commission, governmental.

Name of Agency Personnel Responsible for Drafting: Shannon Hinchcliffe, 4565 7th Avenue S.E., Lacey, WA 98503, (360) 407-1050; Implementation and Enforcement: Jean Soliz-Conklin, Executive Director, 4565 7th Avenue S.E., Lacey, WA 98503, (360) 407-1056.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule relates only to internal governmental operations that are not subject to violation by a nongovernment party.

A cost-benefit analysis is not required under RCW 34.05.328. This rule relates only to internal governmental operations that are not subject to violation by a nongovernment party.

August 17, 2009

Jean Soliz-Conklin

Executive Director

OTS-2172.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 437-10-010 Officers of the sentencing guidelines commission.
WAC 437-10-020 Meetings of the sentencing guidelines commission.
WAC 437-10-030 Absences of members from meetings.
WAC 437-10-040 Quorum.
WAC 437-10-050 Participation and discussion during sentencing guidelines commission meetings, rules of order, and forms of action.
WAC 437-10-060 Voting procedures.
WAC 437-10-070 Minutes.
WAC 437-10-080 Change in bylaws.

Washington State Code Reviser's Office