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Senate Bill Report on SB 6408 — Agency Responsibilities to Regulated Businesses and Professions

Summary

A Senate Bill Report on SB 6408, as of January 24, 2020, for the Senate Committee on Financial Institutions, Economic Development & Trade, showing committee activity on 1/28/20. The bill concerns agency responsibilities to regulated businesses and professions, and the brief summary states that it requires state regulatory agencies to provide certain information at each audit, inspection, or examination. The summary of the bill states that by December 31, 2020, agency personnel must provide it, including the purpose and legal authority for the regulatory action. It states that state regulatory agencies must post a general description of their responsibilities on their website, and that the Joint Legislative Audit and Review Committee must review agency performance by December 31, 2023.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
Congressional materials
Document type
Report
Date
2020-01-28
Case
2020 01 28 A26427 D211083 Bill Report 6408 Sba Fiet 20

Cite this document

“Senate Bill Report on SB 6408 — Agency Responsibilities to Regulated Businesses and Professions.” Original at app.leg.wa.gov, dated 2020-01-28. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-01-28-2020-01-28-a26427-d211083-bill-report-6408-sba-fiet-20/, SHA-256 26e1dcac3b9b190efde7189192c328008a4aa85c0774d28a0f78543b7dd64b8e.

Full text

                             SENATE BILL REPORT
                                   SB 6408

                                      As of January 24, 2020

Title: An act relating to agency responsibilities to regulated businesses and professions.

Brief Description: Concerning agency responsibilities to regulated businesses and professions.

Sponsors: Senators Wilson, L., Mullet, Short, Becker, Takko, King, Zeiger, Brown, Schoesler,
   Frockt, Hasegawa, Rolfes, Honeyford, Walsh, Van De Wege and Braun.

Brief History:
   Committee Activity: Financial Institutions, Economic Development & Trade: 1/28/20.

                                      Brief Summary of Bill
          Ÿ Requires state regulatory agencies to provide certain information at each
            audit, inspection, or examination.


SENATE  COMMITTEE                  ON      FINANCIAL          INSTITUTIONS,           ECONOMIC
DEVELOPMENT & TRADE

    Staff: Clint McCarthy (786-7319)

    Background: In 2017, the Legislature directed the attorney general (AG) to review the
    Administrative Procedures Act, related administrative rules, statutes, and case law to identify
    rights and protections afforded to small business owners selected for agency enforcement
    actions, such as audits, inspections, site visits, and record reviews. For the same reason, the
    departments of Agriculture, Ecology, Employment Security, Labor and Industries, and
    Revenue, and the state fire marshall must review respective governing statutes,
    administrative rules, policy statements, guidance, and directives identified as sources for
    rights and protections. Each agency must provide the AG with specified materials and copies
    of statements of rights provided to small businesses for the AG's review no later than August
    31, 2017.

    The AG was directed to compile findings in a report to relevant legislative committees by
    November 30, 2017. In the report, the AG recommended steps be taken to:
        Ÿ improve efforts to provide transparent, accessible information and assistance to
          operating businesses early in the process;
––––––––––––––––––––––
    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.

Senate Bill Report                              -1-                                          SB 6408
         Ÿ improve efforts to share effective practices among agencies;
         Ÿ expand the role of business associations and other groups to coordinate sharing
           information between small business owners and agencies;
         Ÿ be deliberate about how small business is defined; and
         Ÿ consider targeted expansion using special advocates or ombuds to help disseminate
           information and resolve noncompliance issues or disputes.

    Summary of Bill: Requirements of Agency Personnel. By December 31, 2020, state
    government agency personnel must provide the following information at each audit,
    inspection, or examination:
         Ÿ the purpose and legal authority for conducting the regulatory action;
         Ÿ whether advance notice for a regulatory action will be provided, and the basis for not
            providing notice;
         Ÿ the identification of the regulator, along with contact information;
         Ÿ whether the business may cure or correct a potential or actual violation during or after
            an investigation to avoid or mitigate an administrative sanction;
         Ÿ information on how the business may provide past agency advice or interpretations it
            relied upon for consideration in a regulatory decision;
         Ÿ whether the business may designate one or more company representatives to have
            certain company representatives participate in a regulatory investigation; and
         Ÿ how businesses may respond to the outcome of the regulatory action.

    These requirements do not apply to emergency situations, criminal investigations, or if they
    would create a conflict between federal or state law.

    Requirement of Agencies. State regulatory agencies must post a general description of the
    their responsibilities on their website.

    Joint Legislative Audit and Review Committee. The Joint Legislative Audit and Review
    Committee must review agencies performance and compliance with the requirements of
    agency personnel by December 31, 2023.

    Appropriation: None.

    Fiscal Note: Requested on January 23, 2020.

    Creates Committee/Commission/Task Force that includes Legislative members: No.

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




Senate Bill Report                             -2-                                         SB 6408


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