H-0264.1  _______________________________________________

                    HOUSE JOINT RESOLUTION 4210

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Lambert, Mulliken, Casada, Roach, G. Chandler, Sump, Schindler, Schoesler, Woods and Talcott

Read first time 02/05/2001.  Referred to Committee on State Government.

Giving the legislature Constitutional power to invalidate executive branch rules.

    BE IT RESOLVED, BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE STATE OF WASHINGTON, IN LEGISLATIVE SESSION ASSEMBLED:

    THAT, At the next general election to be held in this state the secretary of state shall submit to the qualified voters of the state for their approval and ratification, or rejection, an amendment to Article II of the Constitution of the state of Washington by adding a new section to read as follows:

    Article II, section ....  Whenever the legislature finds that an agency of the executive branch has adopted a rule that is inconsistent with legislative intent or in excess of the authority of the agency, the legislature may, by majority vote of all members elected to each house, adopt a resolution invalidating the rule.  The terms of the resolution must contain the legislature's findings.  The resolution becomes effective ninety days after adjournment of the session in which the resolution is adopted.  The legislature may not invalidate agency actions that are quasi-judicial in nature, rules concerning only the internal management of agencies, rules adopted to comply with federal law, or emergency rules.  Resolutions adopted under this provision are not subject to Article III, section 12 of this Constitution.

    BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of the foregoing constitutional amendment to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state.

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