04/12/2011 08:00 AM House STATE AFFAIRS

         HB 216-REGULATIONS: INFORMATIVE SUMMARY/BILLS                                                                      
                                                                                                                                
9:03:57 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  announced that the  next order of business  was HOUSE                                                               
BILL NO.  216, "An Act  relating to deadlines in  bills directing                                                               
the  adoption  of  regulations and  to  the  informative  summary                                                               
required for  the proposed  adoption, amendment,  or repeal  of a                                                               
regulation."                                                                                                                    
                                                                                                                                
9:04:36 AM                                                                                                                    
                                                                                                                                
The committee took a one-minute at-ease.                                                                                        
                                                                                                                                
9:05:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON  presented HB 216 as sponsor.   She said                                                               
the bill would  address two problems related to  changes in state                                                               
regulations:  the slow manner  in which regulations are sometimes                                                               
implemented and the confusing language of regulations.                                                                          
                                                                                                                                
9:07:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.   WILSON  said  Section  1   of  the  proposed                                                               
legislation would require  that the legislature set up  a time to                                                               
have  regulations completed  and ready  to implement.   She  said                                                               
this information  is important to legislators  when deciding when                                                               
to set  the effective date  of proposed legislation.   Section 2,                                                               
she  noted,   would  require  agencies  to   provide  descriptive                                                               
summaries  of proposed  changes to  regulations.   She said  this                                                               
will help legislators to better  understand the proposed changes,                                                               
as well  as aid in  the public's understanding of  those changes,                                                               
thereby  increasing  the  public's  participation  in  government                                                               
process.   She  said the  descriptions  need not  be lengthy  and                                                               
would not be legally binding.                                                                                                   
                                                                                                                                
REPRESENTATIVE  P. WILSON  pointed  to a  note  [included in  the                                                               
committee  packet] from  Theresa Bannister  of Legislative  Legal                                                               
and Research Services.  Representative  P. Wilson said that based                                                               
on Ms.  Bannister's comments,  she realizes  that the  courts are                                                               
unlikely to void  a bill for violating the  requirements under HB
,  and  amendments  may  be necessary  to  make  the  proposed                                                               
legislation more viable.  However,  she expressed her belief that                                                               
there  is  a  great  need  for  improvement  in  the  legislative                                                               
process, which  is the intent  of HB 216.   She said she  open to                                                               
suggestions from the committee.                                                                                                 
                                                                                                                                
9:10:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN expressed  appreciation to Representative                                                               
P.  Wilson for  bringing  the proposed  legislation forward,  but                                                               
said he thinks  a lot of discussion would be  required to address                                                               
issues   including   the   timeline  of   public   process,   the                                                               
complexities   of  implementing   statute,  and   the  difficulty                                                               
departments have in implementing initiatives.                                                                                   
                                                                                                                                
9:11:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  thanked   Representative  P.  Wilson  for                                                               
sponsoring HB  216, concurred  with Representative  Johansen that                                                               
the bill  needs further  consideration, and  offered to  help the                                                               
sponsor with the legislation over the interim.                                                                                  
                                                                                                                                
9:12:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  mentioned a  proposed bill heard  a few                                                               
weeks ago regarding the waiver  of attorney client privilege, and                                                               
said there  had been discussion  about how rule making  under the                                                               
Administrative  Procedure  Act (APA)  is  working.   He  said  he                                                               
thinks "that  would be a ...  good project for this  committee in                                                               
the interim."   He  asked Representative P.  Wilson if  she would                                                               
allow  HB  216  to  be  used as  a  vehicle  in  considering  any                                                               
necessary changes to the rule-making process.                                                                                   
                                                                                                                                
REPRESENTATIVE P. WILSON answered yes.                                                                                          
                                                                                                                                
9:13:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN said he likes  the concept of HB 216, but                                                               
expressed  concern  about  the   subjective  nature  of  ["easily                                                           
readable language  that a  person without  a legal  background is                                                           
able to understand" - page 2, lines 6-7].                                                                                   
                                                                                                                                
9:14:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.  WILSON  noted   that  the  sponsor  statement                                                               
singles out  the Department  of Health &  Social Services  in the                                                               
example given of the length of  time taken to adopt a regulation.                                                               
She  emphasized that  her  intent  had not  been  to insult  that                                                               
entity, and said she would revise the sponsor statement.                                                                        
                                                                                                                                
9:15:54 AM                                                                                                                    
                                                                                                                                
WARD HURLBURT,  Director and Chief  Medical Officer,  Division of                                                               
Public  Health,  Department  of  Health  &  Social  Services,  in                                                               
response to  the bill  sponsor, related  that the  department had                                                               
failed  to   expeditiously  publish  regulations   following  the                                                               
passage of  House Bill 277.   He  assured the committee  that the                                                               
department takes  its responsibilities seriously, and  he said he                                                               
would help to ensure such a lapse  does not recur.  He added that                                                               
the department has no official position regarding HB 216.                                                                       
                                                                                                                                
9:17:57 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN,  after ascertaining  that there was  no one  else who                                                               
wished to testify, closed public testimony.                                                                                     
                                                                                                                                
9:18:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  said this  is an  important issue,  and he                                                               
expressed his appreciation that the committee is addressing it.                                                                 
                                                                                                                                
[HB 216 was held over.]