H‑0497.1   _____________________________________________

HOUSE BILL 2050

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Morell, Quall, G. Chandler, Grant, McMorris, Hatfield, Kessler and Woods

Read first time 02/13/2001.  Referred to Committee on State Government.

_1      AN ACT Relating to legislative review of agency rules; amending

_2  RCW 34.05.380; and creating a new section.

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4      Sec. 1.  RCW 34.05.380 and 1989 c 175 s 11 are each amended to read

_5  as follows:

_6      (1) Each agency shall file in the office of the code reviser a

_7  certified copy of all rules it adopts, except for rules contained

_8  in tariffs filed with or published by the Washington utilities and

_9  transportation commission.  The code reviser shall place upon each

10  rule a notation of the time and date of filing and shall keep a

11  permanent register of filed rules open to public inspection.  In

12  filing a rule, each agency shall use the standard form prescribed

13  for this purpose by the code reviser.

14      (2)(a) Emergency rules adopted under RCW 34.05.350 become

15  effective upon filing unless a later date is specified in the

16  order of adoption.  All other rules become effective upon the

17  expiration of thirty days after the ((date of filing)) adjournment

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_1  of the regular session of the legislature in the calendar year

_2  after the year in which the rule was adopted, unless a later date

_3  is required by statute or specified in the order of adoption.

_4      (b) This subsection (2) does not apply to a rule authorized to

_5  take effect under subsection (3) of this section.

_6      (3) A rule may become effective immediately upon its filing

_7  with the code reviser or on any subsequent date earlier than that

_8  established by subsection (2) of this section, if the agency

_9  establishes that effective date in the adopting order and finds

10  that:

11      (a) Such action is required by the state or federal

12  Constitution, a statute, or court order;

13      (b) The rule only delays the effective date of another rule

14  that is not yet effective; or

15      (c) The earlier effective date is necessary because of imminent

16  peril to the public health, safety, or welfare.

17      The finding and a brief statement of the reasons therefor

18  required by this subsection shall be made a part of the order

19  adopting the rule.

20      (4) With respect to a rule made effective pursuant to

21  subsection (3) of this section, each agency shall make reasonable

22  efforts to make the effective date known to persons who may be

23  affected by it.

24      NEW SECTION. Sec. 2.  Section 1 of this act only applies to

25  rules adopted after the effective date of this act.

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