H-3289.1  _______________________________________________

 

                          HOUSE BILL 2109

          _______________________________________________

 

State of Washington      54th Legislature     1995 Regular Session

 

By Representatives Fuhrman, Jacobsen and Carlson

 

Read first time .  Referred to Committee on .

 

Requiring a majority of fish and wildlife commission members to approve adoption of rules.



    AN ACT Relating to rule making by the fish and wildlife commission; amending RCW 77.04.090; providing an effective date; and declaring an emergency.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    Sec. 1.  RCW 77.04.090 and 1995 c 403 s 111 are each amended to read as follows:

    The commission shall adopt permanent rules and amendments to or repeals of existing rules by approval of ((four)) five members by resolution, entered and recorded in the minutes of the commission:  PROVIDED, That the commission may not adopt rules after the effective date of this section that are based solely on a section of law stating a statute's intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule.  The commission shall adopt emergency rules by approval of ((four)) five members.  The commission or the director, when adopting emergency rules under RCW 77.12.150, shall adopt rules in conformance with chapter 34.05 RCW.  Judicial notice shall be taken of the rules filed and published as provided in RCW 34.05.380 and 34.05.210.

     A copy of an emergency rule, certified as a true copy by a member of the commission, the director, or by a person authorized in writing by the director to make the certification, is admissible in court as prima facie evidence of the adoption and validity of the rule.

 

    NEW SECTION.  Sec. 2.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 23, 1995.

 


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