S-0371.3  _______________________________________________

                         SENATE BILL 5135

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senators McCaslin and Hochstatter

Read first time 01/12/95.  Referred to Committee on Government Operations.

Authorizing a legislative committee to suspend agency rules.

    AN ACT Relating to legislative suspension of administrative rules; and amending RCW 34.05.640.

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

    Sec. 1.  RCW 34.05.640 and 1994 c 249 s 19 are each amended to read as follows:

    (1) Within seven days of an agency hearing held after notification of the agency by the rules review committee pursuant to RCW 34.05.620 or 34.05.630, the affected agency shall notify the committee of its action on a proposed or existing rule to which the committee objected or on a committee finding of the agency's failure to adopt rules.  If the rules review committee determines, by a majority vote of its members, that the agency has failed to provide for the required hearings or notice of its action to the committee, the committee may file notice of its objections, together with a concise statement of the reasons therefor, with the code reviser within thirty days of such determination.

    (2) If the rules review committee finds, by a majority vote of its members:  (a) That the proposed or existing rule in question has not been modified, amended, withdrawn, or repealed by the agency so as to conform with the intent of the legislature, or (b) that an existing rule was not adopted in accordance with all applicable provisions of law, including ((section 4 of this act if the rule was adopted after the effective date of section 4 of this act and)) chapter 19.85 RCW, or (c) that the agency is using a policy statement, guideline, or issuance in place of a rule, or that the policy statement, guideline, or issuance is outside of the legislative intent, the rules review committee may, within thirty days from notification by the agency of its action, file with the code reviser notice of its objections together with a concise statement of the reasons therefor.  Such notice and statement shall also be provided to the agency by the rules review committee.

    (3) If the rules review committee makes an adverse finding under subsection (2) of this section, the committee may, by a majority vote of its members, ((recommend suspension of)) suspend an existing rule.  Within seven days of such vote the committee shall transmit to the appropriate standing committees of the legislature, the governor, the code reviser, and the agency written notice of its objection and ((recommended)) suspension and the concise reasons therefor.  ((Within thirty days of receipt of the notice, the governor shall transmit to the committee, the code reviser, and the agency written approval or disapproval of the recommended suspension.  If)) The suspension is ((approved by the governor, it is)) effective from the date ((of)) that ((approval)) the committee submits its notice of objection and suspension and continues until ninety days after the ((expiration)) final adjournment of the next regular legislative session.

    (4) ((If the governor disapproves the recommendation of the rules review committee to suspend the rule, the transmittal of such decision, along with the findings of the rules review committee, shall be treated by the agency as a petition by the rules review committee to repeal the rule under RCW 34.05.330.

    (5))) The code reviser shall publish transmittals from the rules review committee ((or the governor issued pursuant to)) issued under subsection (1), (2), or (3) of this section in the Washington state register and shall publish in the next supplement and compilation of the Washington Administrative Code a reference to the committee's objection ((or recommended)) and suspension and ((the governor's action on it and)) to the issue of the Washington state register in which the full text thereof appears.

    (((6))) (5) The reference shall be removed from a rule published in the Washington Administrative Code if a subsequent adjudicatory proceeding determines that the rule is within the intent of the legislature or was adopted in accordance with all applicable laws, whichever was the objection of the rules review committee.

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