S-4246.2 _______________________________________________
SENATE BILL 6417
_______________________________________________
State of Washington 54th Legislature 1996 Regular Session
By Senators Drew and Oke
Read first time 01/15/96. Referred to Committee on Natural Resources.
AN ACT Relating to defining the number of fish and wildlife commission members necessary for adoption of rules; and amending RCW 77.04.090.
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)) a majority of the members by resolution,
entered and recorded in the minutes of the commission: PROVIDED, That the
commission may not adopt rules after July 23, 1995, 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)) a majority of the
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.
--- END ---