2386-S AMS HAUG S5805.1

SHB 2386 - S AMD TO GO COMM AMD (S5444.1) - 287

By Senators Haugen, Sheldon, Winsley, Hale, Bauer and Rasmussen

    On page 8, after line 12 of the amendment, insert the following:

    "Sec. 12.  RCW 34.05.230 and 1995 c 403 s 702 are each amended to read as follows:

    (1) If the adoption of rules is not feasible and practicable, an agency is encouraged to advise the public of its current opinions, approaches, and likely courses of action by means of interpretive or policy statements.  Current interpretive and policy statements are advisory only.  To better inform and involve the public, an agency is encouraged to convert long-standing interpretive and policy statements into rules.

    (2) A person may petition an agency requesting the conversion of interpretive and policy statements into rules.  Upon submission, the agency shall notify the joint administrative rules review committee of the petition.  Within sixty days after submission of a petition, the agency shall either deny the petition in writing, stating its reasons for the denial, or initiate rule-making proceedings in accordance with this chapter.

    (3) Each agency shall maintain a roster of interested persons, consisting of persons who have requested in writing to be notified of all interpretive and policy statements issued by that agency.  Each agency shall update the roster once each year and eliminate persons who do not indicate a desire to continue on the roster.  Whenever an agency issues an interpretive or policy statement, it shall send a copy of the statement to each person listed on the roster.  The agency may charge a nominal fee to the interested person for this service.

(4) Whenever an agency issues an interpretive or policy statement, it shall submit to the code reviser for publication in the Washington State Register a statement describing the subject matter of the interpretive or policy statement, and listing the person at the agency from whom a copy of the interpretive or policy statement may be obtained.

(5) Where an agency is not a party to the action, an interpretive or policy statement is not admissible in a judicial action as evidence of the proper interpretation of state law."

    Renumber the section following consecutively and correct internal references accordingly.

SHB 2386 - S AMD TO GO COMM AMD (S5444.1) - 287

By Senators Haugen, Sheldon, Winsley and Hale

    On page 8, line 20 of the title amendment, after "43.05.090," strike "and" and after "43.05.100" insert ", and 34.05.230"

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