5794-S AAS 3/17/93

SSB 5794 - S AMD - 000519

By Senators Deccio, Nelson, McCaslin, Erwin, Sellar, Oke and Winsley

                                        ADOPTED AS AMENDED 3/17/93

    On page 1, after line 4, strike all of sections 1 and 2 and insert the following:

    "Sec. 1.  RCW 34.05.620 and 1988 c 288 s 602 are each amended to read as follows:

(1) The rules review committee shall maintain a continuous review of all rules proposed under RCW 34.05.320 to determine whether:

(a) The rule is within the intent of the legislature as expressed in the statute that the rule implements;

(b) The rule has been adopted in accordance with all applicable provisions of law, including section 6 of this act and chapter 19.85 RCW; and

(c) The statute that the rule purports to implement has been repealed or ruled invalid by the courts.

(2) Whenever a majority of the members of the rules review committee determines that a proposed rule is not within the intent of the legislature as expressed in the statute which the rule implements, or that an agency may not be adopting a proposed rule in accordance with all applicable provisions of law, including section 6 of this act and chapter 19.85 RCW, the committee shall give the affected agency and the governor written notice of its decision.  The notice shall be given at least seven days prior to any hearing scheduled for consideration of or adoption of the proposed rule pursuant to RCW 34.05.320.  The notice shall include a statement of the review committee's findings and the reasons therefor.  When the agency holds a hearing on the proposed rule, the agency shall consider the review committee's decision.

(3) The rules review committee shall use existing legislative staff for the purposes of assisting the committee's reviewing of rules under this section.

    Sec. 2.  RCW 34.05.630 and 1988 c 288 s 603 are each amended to read as follows:

    (1) All rules required to be filed pursuant to RCW 34.05.380, and emergency rules adopted pursuant to RCW 34.05.350, are subject to ((selective)) review by the legislature.

    (2) The rules review committee may review an agency's use of policy statements, guidelines, and issuances that are of general applicability, or their equivalents to determine whether or not an agency has failed to adopt a rule.

    (3) If the rules review committee finds by a majority vote of its members:  (a) That an existing rule is not within the intent of the legislature as expressed by the statute which the rule implements, (b) that the rule has not been adopted in accordance with all applicable provisions of law, ((or)) including section 6 of this act and chapter 19.85 RCW, (c) that the statute that the rule purports to implement has been repealed or ruled invalid by the courts, or (d) that an agency is using a policy statement, guideline, or issuance in place of a rule, the agency affected shall be notified of such finding and the reasons therefor.  Within thirty days of the receipt of the rules review committee's notice, the agency shall file notice of a hearing on the rules review committee's finding with the code reviser and mail notice to all persons who have made timely request of the agency for advance notice of its rule-making proceedings as provided in RCW 34.05.320.  The agency's notice shall include the rules review committee's findings and reasons therefor, and shall be published in the Washington state register in accordance with the provisions of chapter 34.08 RCW.

    (4) The agency shall consider fully all written and oral submissions regarding (a) whether the rule in question is within the intent of the legislature as expressed by the statute which the rule implements, (b) whether the rule was adopted in accordance with all applicable provisions of law, including section 6 of this act and chapter 19.85 RCW, or (c) whether the agency is using a policy statement, guideline, declaratory ruling, or issuance in place of a rule."

SSB 5794 - S AMD - 000410

By Senator Moore

                                                   ADOPTED 3/17/93

    On page 4, beginning on line 8, strike all of section 4

    Renumber the remaining sections consecutively and correct internal references accordingly

SSB 5794 - S AMD - 000410

By Senator Moore

                                                   ADOPTED 3/17/93

    On page 7, line 3, beginning with "(1)" strike all material through "10;"

    Renumber remaining subsections consecutively and correct internal references accordingly

SSB 5794 - S AMD - 000410

By Senator Moore

                                                   ADOPTED 3/17/93

    On page 1, line 3 of the title, strike "34.05.660, 34.05.670," and insert "34.05.670

SSB 5794 - S AMD - 000381

By Senators Wojahn and Moore

                                                   ADOPTED 3/17/93

    On page 6, line 5, after "fee" insert ", by providing an opportunity for public review and comment on the program budget and instituting cost accounting measures to track revenues and expenditures"

SSB 5794 - S AMD 000377

By Senator Moore

                                                   ADOPTED 3/17/93

    On page 7, after line 5, insert the following:

    "NEW SECTION. Sec. 8.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

SSB 5794 - S AMD TO S AMD BY DECCIO

By Senator Wojahn

                                                   ADOPTED 3/17/93

    On page 2, line 31 of the Deccio amendment (000519), after "guidance," insert "declaratory ruling,"

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