5993-S AMS HOCH GORR 007

SSB 5993 - S AMD 070

    By Senator Hochstatter

                                              NOT ADOPTED 03/12/01

    On page 3, line 34, after "(a)", strike "By December 31, 2002,"

    On page 4, after line 30, insert the following:

    "(e) Recognizing that agency rulemaking is the exercise of delegated legislative power rather than an inherent executive function, the legislature intends that the delegation of its legislative powers shall be strictly limited in this case.  If necessary to implement this act, the department of health may adopt emergency rules pursuant to RCW Chapter 34.05.  The department of health may propose permanent rules under this subsection.  However, those rules shall remain proposed rules until approved by concurrent resolution of the legislature.  After legislative approval, the department of health shall adopt the rules as final rules without variance."

    On page 4, after line 36, insert the following:

    "Sec. 5.  RCW 34.05.335 and 1989 c 175 s 8 are each amended to read as follows:

     (1) A proposed rule may be withdrawn by the proposing agency at any time before adoption.  A withdrawn rule may not be adopted unless it is again proposed in accordance with RCW 34.05.320.

    (2) Before adopting a rule, an agency shall consider the written and oral submissions, or any memorandum summarizing oral submissions.

    (3) Except for rules promulgated pursuant to this act, rules not adopted and filed with the code reviser within one hundred eighty days after publication of the text as last proposed in the register shall be regarded as withdrawn.  An agency may not thereafter adopt the proposed rule without refiling it in accordance with RCW 34.05.320.  The code reviser shall give notice of the withdrawal in the register.

    (4) An agency may not adopt a rule before the time established in the published notice, or such later time established on the record or by publication in the state register."

    Renumber the sections consecutively and correct any internal references accordingly.

2SSB 5593 - S AMD 070

    By Senator Hochstatter

                                              NOT ADOPTED 03/12/01

    On page 1, on line 5 of the title, after "RCW", insert "34.05.335,"

    On page 1, line 5 of the title, after "creating" strike "a new section" and insert "new sections"

C END C

EFFECT: The department of health may adopt emergency rules to implement this act.  They may propose permanent rules, but those rules will not become effective until approved by the legislature.