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.

Defining the number of fish and wildlife commissioners needed to make rules.

    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.

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