6425-S AMH GRLU H5363.1

SSB 6425 - H COMM AMD

By Committee on Government Reform & Land Use

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 34.05.325 and 1995 c 403 s 304 are each amended to read as follows:

    (1) The agency shall make a good faith effort to insure that the information on the proposed rule published pursuant to RCW 34.05.320 accurately reflects the rule to be presented and considered at the oral hearing on the rule.  Written comment about a proposed rule, including supporting data, shall be accepted by an agency if received no later than the time and date specified in the notice, or such later time and date established at the rule-making hearing.

    (2) The agency shall provide an opportunity for oral comment to be received by the agency in a rule-making hearing.

    (3) If the agency possesses equipment capable of receiving telefacsimile transmissions or recorded telephonic communications, the agency may provide in its notice of hearing filed under RCW 34.05.320 that interested parties may comment on proposed rules by these means.  If the agency chooses to receive comments by these means, the notice of hearing shall provide instructions for making such comments, including, but not limited to, appropriate telephone numbers to be used; the date and time by which comments must be received; required methods to verify the receipt and authenticity of the comments; and any limitations on the number of pages for telefacsimile transmission comments and on the minutes of tape recorded comments.  The agency shall accept comments received by these means for inclusion in the official record if the comments are made in accordance with the agency's instructions.

    (4) The agency head, a member of the agency head, or a presiding officer designated by the agency head shall preside at the rule-making hearing.  Rule-making hearings shall be open to the public.  The agency shall cause a record to be made of the hearing by stenographic, mechanical, or electronic means.  ((Unless the agency head presides or is present at substantially all the hearings)) Regardless of whether the agency head has delegated rule-making authority, the presiding official shall prepare a memorandum for consideration by the agency head, summarizing the contents of the presentations made at the rule-making hearing, unless the agency head presided or was present at substantially all of the hearings.  The summarizing memorandum is a public document and shall be made available to any person in accordance with chapter 42.17 RCW.

    (5) Rule-making hearings are legislative in character and shall be reasonably conducted by the presiding official to afford interested persons the opportunity to present comment.  Rule-making hearings may be continued to a later time and place established on the record without publication of further notice under RCW 34.05.320.

    (6)(a) Before it files an adopted rule with the code reviser, an agency shall prepare a concise explanatory statement of the rule:

    (i) Identifying the agency's reasons for adopting the rule;

    (ii) Describing differences between the text of the proposed rule as published in the register and the text of the rule as adopted, other than editing changes, stating the reasons for differences; and

    (iii) Summarizing all comments received regarding the proposed rule, and responding to the comments by category or subject matter, indicating how the final rule reflects agency consideration of the comments, or why it fails to do so.

    (b) The agency shall provide the concise explanatory statement to any person upon request or from whom the agency received comment.

    Sec. 2.  RCW 36.70A.260 and 1994 c 249 s 30 are each amended to read as follows:

    (1) Each growth management hearings board shall consist of three members qualified by experience or training in matters pertaining to land use planning and residing within the jurisdictional boundaries of the applicable board.  At least one member of each board must be admitted to practice law in this state and at least one member must have been a city or county elected official.  Each board shall be appointed by the governor and confirmed by the senate and not more than two members at the time of appointment or during their term shall be members of the same political party.  No more than two members at the time of appointment or during their term shall reside in the same county.  The term of each member shall be six years.

    (2) Each member of a board shall be ((appointed for a term of six years)) subject to senate confirmation.  No member of a board appointed after July 1, 1998, shall begin to serve until the senate has confirmed his or her appointment.  No member of the board appointed on or before July 1, 1998, may continue to serve the remainder of his or her term unless the senate confirms his or her appointment by July 1, 1999.

(3) A vacancy shall be filled by appointment by the governor and shall be subject to senate confirmation.  The member appointed to fill a vacancy shall serve on the board for the unexpired portion of the term in which the vacancy occurs.  ((The terms of the first three members of a board shall be staggered so that one member is appointed to serve until July 1, 1994, one member until July 1, 1996, and one member until July 1, 1998.)) No member appointed to fill a vacancy on a board may begin to serve until the senate has confirmed his or her appointment.  No member appointed to fill a vacancy on the board on or before July 1, 1998, may continue to serve the remainder of his or her term unless the senate confirms his or her appointment by July 1, 1999."

    Correct the title.

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