Regulatory reform is slowly, but surely coming to Washington.The attention to regulatory reform started in the early 1990s when AWB successfully lobbied a bill called “Equal Access to Justice” which allowed small businesses to recover legal fees as well as having fines and penalties relieved if an inspector wrongly issued citations and fines for violations of regulations.

Since then, AWB has successfully lobbied to give the legislature more oversight in the development of regulations.

AWB’s effort continues this year with Governor Gary Locke (D) backing several major bills to streamline government and reform agencies.Among the legislation Locke supports is SB 1334, which would require cost and benefit assessments early in the rule-making process – an AWB policy objective. SB 1334 is now being considered by the Senate.

Locke has said he will sign ESB 5256, which would tighten requirements that agencies must allow meaningful public comment on their rules – another AWB policy objective.This bill has passed the Senate and is now in the House.

The Governor also supports SB 5766, a bill that requires agencies to provide notice to those affected by a rule before it is enforced.This legislation is now in the House State Government Committee after overwhelmingly passing in the Senate on a 48 to 0 vote.

House Democrats backed HB 1530, a much needed bill to allow challenges to regulatory agencies to be heard in court venues outside Thurston County.After passing in the House, HB 1530 is now in the Senate Judiciary Committee.

“There is no reason for regulatory challenges to be restricted to Thurston County, except to give state agencies a home field advantage,” according to AWB Governmental Affairs Director Amber Balch.“Judges in other jurisdictions are just as capable of hearing these cases as are Thurston County jurists.”

Other business-friendly bills passed the Senate and are now in the House State Government Committee.This legislation includes SB 5052, which would require significant legislative rules to sit through one session before going into effect; ESB 5254, which would shift the burden of proof to agencies when regulations are challenged; and ESB 5257, which would require gubernatorial approval of all agency rules.

Washington remains the fifth most regulated state, but there are encouraging signs that a more business-friendly environment may be in the works.AWB is working to accelerate the trend toward regulatory reform and help rebuild Washington’s economy.

Over-regulation must no longer be allowed to stifle Washington business.In 2001, Governor Gary Locke’s own Competitiveness Council blamed heavy handed state agencies for Washington’s lack of competitiveness. Without reform, employers will continue their exodus from Washington.

According to AWB’s 2003 Legislative Objective on regulatory reform, “Changes must be made to protect employers from unnecessary regulations and bureaucracy and to increase Washington’s ability to compete.”

AWB is fighting for the following goals during the 2003 Legislative Session”

- State Economic Policy: Prioritize the State Economic Policy, 43.21H RCW in rulemaking actions.

- Administrative Procedures Act Reforms:
1. Require agencies to cite specific text of law when creating new rules.
2. Require that notice of new rule requirements be given to those affected by the rules.
3. Require that the public be provided a meaningful opportunity to comment on cost benefit assessments and other documents prepared by state agencies and used in rule adoption.

- Reduce Regulatory Overload: Establish a moratorium on rules similar to the New York case study.

- Specific Agency Reforms: Continue targeted agency reforms beyond changes to the Administrative Procedures Act to reduce the regulatory burden facing employers.