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 .
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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