WSR 97-24-037

PROPOSED RULES

PERSONNEL RESOURCES BOARD

[Filed November 26, 1997, 9:50 a.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 356-06-120 Americans with Disabilities Act of 1990--Federal and state preemption and 251-04-170 Americans with Disabilities Act of 1990--Federal and state preemption.

Purpose: The purpose of these new rules is to remove any possible conflict between state laws or the Americans with Disabilities Act of 1990 and the Personnel Resources Board rules.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: These new rules are needed to remove any possible conflict between state laws or the Americans with Disabilities Act of 1990 and the Personnel Resources Board rules.

Reasons Supporting Proposal: The adoption of these rules will also eliminate the possible need for multiple changes to the Personnel Resources Board rules.

Name of Agency Personnel Responsible for Drafting: Sharon Peck, 521 Capitol Way South, Olympia, WA, (360) 753-0468; Implementation and Enforcement: Department of Personnel.

Name of Proponent: Department of Personnel, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: These rules require state agencies and higher education institutions to comply with the Personnel Resources Board rules unless doing so would cause them to violate state laws or the Americans with Disabilities Act of 1990.

The adoption of these rules will remove any possible conflict between state laws or the Americans with Disabilities Act of 1990 and the Personnel Resources Board rules. The adoption of these rules will also eliminate the possible need for multiple changes to the Personnel Resources Board rules.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. These rules relate to internal government operations that are not subject to violation by a nongovernmental party. Therefore, pursuant to RCW 34.05.328 [(5)](b)(ii), section 201 does not apply.

Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on January 8, 1998, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Department of Personnel by January 1, 1998, TDD (360) 753-4107, or (360) 586-0509.

Submit Written Comments to: Sharon Peck, Department of Personnel, P.O. Box 47500, FAX (360) 586-4694, by January 6, 1998.

Date of Intended Adoption: January 8, 1998.

November 26, 1997

Dennis Karras

Secretary

NEW SECTION

WAC 356-06-120 Americans with Disabilities Act of 1990--Federal and state preemption. Agencies shall comply with the personnel resources board rules (Title 356 WAC) unless doing so would cause them to violate state laws or the federal Americans with Disabilities Act of 1990.

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NEW SECTION

WAC 251-04-170 Americans with Disabilities Act of 1990--Federal and state preemption. Institutions shall comply with the personnel resources board rules (Title 251 WAC) unless doing so would cause them to violate state laws or the federal Americans with Disabilities Act of 1990.

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