5568 AMS MOOR SEIB

5568 AMS MOOR SEIB

SB 5568 - S AMD

By Senator Moore

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 34.05.380 and 1989 c 175 s 11 are each amended to read as follows:

(1) Each agency shall file in the office of the code reviser a certified copy of all rules it adopts, except for rules contained in tariffs filed with or published by the Washington utilities and transportation commission. The code reviser shall place upon each rule a notation of the time and date of filing and shall keep a permanent register of filed rules open to public inspection. In filing a rule, each agency shall use the standard form prescribed for this purpose by the code reviser.

(2) Emergency rules adopted under RCW 34.05.350 become effective upon filing unless a later date is specified in the order of adoption. All other rules become effective upon the expiration of thirty days after the date of filing, unless a later date is required by statute or specified in the order of adoption.

(3) A rule may become effective immediately upon its filing with the code reviser or on any subsequent date earlier than that established by subsection (2) of this section, if the agency establishes that effective date in the adopting order and finds that:

(a) Such action is required by the state or federal Constitution, a statute, or court order;

(b) The rule only delays the effective date of another rule that is not yet effective; or

The finding and a brief statement of the reasons therefor required by this subsection shall be made a part of the order adopting the rule.

(4) With respect to a rule made effective pursuant to subsection (3) of this section, each agency shall make reasonable efforts to make the effective date known to persons who may be affected by it.

(5) No rule, the violation of which subjects a person to a penalty or administrative sanction; or that establishes, alters, or revokes a qualification or standard for the issuance, suspension, or revocation of a license to pursue a commercial activity, trade, or profession; or that establishes, alters, or revokes a mandatory standard for a product or material that must be met before distribution or sale; adopted by any of the following agencies, is effective for more than five years after its adoption: Department of ecology, employment security department, department of labor and industries, department of revenue, department of licensing, or department of health. A rule made ineffective under this subsection may be readopted according to the procedures established in this chapter.

NEW SECTION. Sec. 2. A new section is added to chapter 34.05 RCW to read as follows:

No rule may be effective for more than five years after the effective date of this act unless readopted according to the procedures established in this chapter if:

(1) The rule is in effect on the effective date of this act;

(2) The violation of the rule subjects a person to a penalty or administrative sanction; the rule establishes, alters, or revokes a qualification or standard for the issuance, suspension, or revocation of a license to pursue a commercial activity, trade, or profession; or the rule establishes, alters, or revokes a mandatory standard for a product or material that must be met before distribution or sale; and

(3) The rule was adopted by any of the following agencies: Department of ecology, employment security department, department of labor and industries, department of revenue, department of licensing, or department of health."

SB 5568 - S AMD

By Senator Moore

In line 1 of the title, after "making;" strike the remainder of the title and insert "amending RCW 34.05.380; and adding a new section to chapter 34.05 RCW."