S-4683.1  _______________________________________________

                         SENATE BILL 6711

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Senator Deccio

Read first time 01/25/96.  Referred to Committee on Government Operations.

Requiring statutory authority for state rules to differ from federal requirements.

    AN ACT Relating to administrative rule making; amending RCW 34.05.380; and adding a new section to chapter 34.05 RCW.

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

    Sec. 1.  RCW 34.05.380 and 1989 c 175 s 11 are each amended to read as follows:

    (1) Each agency shall file in the office of the code reviser a certified copy of all rules it adopts, except for rules contained in tariffs filed with or published by the Washington utilities and transportation commission.  The code reviser shall place upon each rule a notation of the time and date of filing and shall keep a permanent register of filed rules open to public inspection.  In filing a rule, each agency shall use the standard form prescribed for this purpose by the code reviser.

    (2) Emergency rules adopted under RCW 34.05.350 become effective upon filing unless a later date is specified in the order of adoption.  All other rules become effective upon the expiration of thirty days after the date of filing, unless a later date is required by statute or specified in the order of adoption.

    (3) A rule may become effective immediately upon its filing with the code reviser or on any subsequent date earlier than that established by subsection (2) of this section, if the agency establishes that effective date in the adopting order and finds that:

    (a) Such action is required by the state or federal Constitution, a statute, or court order;

    (b) The rule only delays the effective date of another rule that is not yet effective; or

    (c) The earlier effective date is necessary because of imminent peril to the public health, safety, or welfare.

    The finding and a brief statement of the reasons therefor required by this subsection shall be made a part of the order adopting the rule.

    (4) With respect to a rule made effective pursuant to subsection (3) of this section, each agency shall make reasonable efforts to make the effective date known to persons who may be affected by it.

(5) A rule may not establish a requirement that differs from requirements established under federal law or regulation unless the agency is specifically authorized by statute to adopt a rule that differs from federal requirements.

NEW SECTION. Sec. 2.  A new section is added to chapter 34.05 RCW to read as follows:

    (1) Notwithstanding any other provision of law to the contrary, all rules that establish requirements that differ from requirements established under federal law or regulation expire two years after the effective date of this section, unless the agency that adopted the rule is specifically authorized by statute to adopt a rule that differs from federal requirements.

    (2) If a rule has expired under subsection (1) of this section, existing federal requirements shall prevail.

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