The state Senate has approved a measure that would drastically check the rulemaking power of state agencies by requiring legislative approval of all new rules within a year of their issuance.
The move comes in the wake of a contentious ruling by the state Human Rights Commission that affirmed the right of transgender people to use bathrooms consistent with their gender identity. The measure, which was passed by the Senate on Wednesday, would require any future rules to be approved by the legislature within a year or face permanent revocation.
In debate, Sen. Marko Liias, D-Lynnwood, said that he was worried the bill could be used as a "backdoor" to change the Rights Commission's ruling. Afterward, Liias said the language of the bill isn't retroactive, but he is worried about the possibility of it being amended later.
Sen. Doug Ericksen, R-Ferndale, said state agencies need "a checkback" on their authority. Ericksen sponsored earlier this year a bill aimed to tie the hands of one state agency — the Department of Ecology, which Ericksen sought to ban from setting carbon emission rules, characterizing the agency as having overstepped its authority.
Sen. Christine Rolfes, D-Bainbridge, questioned whether the new bill, right or wrong, might unleash a firehose of paperwork on the Legislature. Noting the huge volume of rules passed on subjects from water usage to marijuana every year by agencies, often with few large effects, she asked if the Legislature even had the time for it.
Despite Wednesday's passage, the bill is far from being law yet: After clearing the Senate, it still has to be approved by the House, and get a signature from Gov. Jay Inslee.
