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               BILL REQUEST - CODE REVISER'S OFFICE

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BILL REQ. #:        H-2268.1/01

ATTY/TYPIST:        GR:mos

BRIEF DESCRIPTION:

1118-S AMH LAMB H2268.1

SHB 1118 - H AMD

By Representative Lambert

    On page 2, beginning on line 30, strike everything through "cameras." on line 36, and insert the following:

    "(4)(a) The traffic safety commission may adopt rules regarding:

    (i) Mechanical and operational standards for traffic safety camera equipment;

    (ii) The placement of signs to notify drivers that they are entering a jurisdiction or area that uses traffic safety cameras;

    (iii) Recommendations on how cities and counties will educate the public about traffic safety cameras.

    (b) However, the legislature's delegation of authority to the traffic safety commission under this section is strictly limited to:  (i) The minimum delegation necessary to administer the section's clear and unambiguous directives; and (ii) the administration of circumstances and behaviors foreseeable at the time of enactment.

    (c) Agency actions or rules authorized by this section are subject to the following additional standards of judicial review, which supersede RCW 34.05.570 (1) and (2) to the extent of any conflict; agencies bear the burden of demonstrating that the agency action:  (i) Was authorized by law; and (ii) was valid, when the interest of a party asserting invalidity arises from agency actions imposing a penalty on the asserting party.

    (d) The validity of a rule may be determined upon petition for declaratory judgment addressed to any superior court in this state.

    (e) In determining whether, under RCW 34.05.570(2)(c), a rule exceeds the agency's statutory authority, the court must also consider whether the rule exceeds the limited delegation under (b) of this subsection."

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