H-2528.2  _______________________________________________

                    HOUSE JOINT RESOLUTION 4213

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State of Washington      54th Legislature     1995 Regular Session

By Representatives Appelwick and Foreman

Read first time .  Referred to Committee on .

Amending the Constitution to authorize legislative invalidation of agency rules.

    BE IT RESOLVED, BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE STATE OF WASHINGTON, IN LEGISLATIVE SESSION ASSEMBLED:

    THAT, At the next general election to be held in this state there shall be submitted to the qualified voters of the state for their approval and ratification, or rejection, an amendment to Article II of the Constitution of the state of Washington by adding a new section to read as follows:

    Article II, section ....  Whenever the legislature finds that an agency of the executive branch has adopted a rule that is inconsistent with legislative intent or in excess of the authority of the agency, the legislature may, by majority vote of all members elected to each house, adopt a resolution invalidating the rule.  The terms of the resolution must contain the legislature's findings.  The resolution becomes effective ninety days after adjournment of the session at which the resolution is adopted.  This power to invalidate rules does not apply to rules that are of a quasi-judicial nature, nor does it extend to rules concerning only the internal management of agencies.  Resolutions adopted under this provision are not subject to Article III, section 12 of this Constitution.

    BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of the foregoing constitutional amendment to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state.

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