6702 AAS 2/12/96

SB 6702 - S AMD - 157

    BySenators Fraser, Sheldon and McCaslin

                                                   ADOPTED 2/12/96

    On page 3, after line 8, insert the following:

    "Sec. 2.  RCW 34.05.610 and 1988 c 288 s 601 are each amended to read as follows:

    (1) There is hereby created a joint administrative rules review committee which shall be a bipartisan committee consisting of four senators and four representatives from the state legislature.  The senate members of the committee shall be appointed by the president of the senate, and the house members of the committee shall be appointed by the speaker of the house.  Not more than two members from each house may be from the same political party.  The appointing authorities shall also appoint one alternate member from each caucus of each house.  All appointments to the committee are subject to approval by the caucuses to which the appointed members belong.

    (2) Members and alternates shall be appointed as soon as possible after the legislature convenes in regular session in an odd-numbered year, and their terms shall extend until their successors are appointed and qualified at the next regular session of the legislature in an odd-numbered year or until such ((members)) persons no longer serve in the legislature, whichever occurs first.  Members and alternates may be reappointed to ((a)) the committee.

    (3) The president of the senate shall appoint the chairperson in even-numbered years and the vice chairperson in odd-numbered years from among committee membership.  The speaker of the house shall appoint the chairperson in odd-numbered years and the vice chairperson in even-numbered years from among committee membership.  Such appointments shall be made in January of each year as soon as possible after a legislative session convenes.

    (4) The chairperson of the committee shall cause all meeting notices and committee documents to be sent to the members and alternates.  A vacancy ((on the committee)) shall be filled by appointment of a legislator from the same political party as the original appointment.  The appropriate appointing authority shall make the appointment within thirty days of the vacancy occurring."

    Renumber remaining sections accordingly.

SB 6702 - S AMD - 157

    BySenators Fraser, Sheldon and McCaslin

                                                   ADOPTED 2/12/96

    On page 1, line 2 of the title, after "34.05.330," insert "34.05.610,"

SB 6702 - S AMD - 140

By Senators Anderson and Hale

  SCOPE & OBJECT RAISED; RULED WITHIN S/O; ADOPTED - RC VOTE 25-24

    On page 7, after line 19, insert the following:

    "Sec. 7.  RCW 34.05.660 and 1988 c 288 s 606 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, it is the express policy of the legislature that establishment of procedures for review of administrative rules by the legislature and the notice of objection required by RCW 34.05.630(2) and 34.05.640(2) in no way serves to establish a presumption as to the legality or constitutionality of a rule in any subsequent judicial proceedings interpreting such rules.

(2) If the joint administrative rules review committee recommends to the governor that an existing rule be suspended because it does not conform with the intent of the legislature, the recommendation shall establish a rebuttable presumption in any proceeding challenging the validity of the rule that the rule is invalid.  The burden of demonstrating the rule's validity is then on the adopting agency."

SB 6702 - S AMD - 140

By Senators Anderson and Hale

                                                   ADOPTED 2/12/96

    On page 1, line 3 of the title, after "34.05.640," strike "and" and after "34.05.655" insert ", and 34.05.660"

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