6074 AMH REGA H3275.2

SB 6074 - H AMD 948 FAILED 5/23/95

By Representatives Regala and Basich

     On page 23, after line 18, insert the following:

     "Sec. 45.  RCW 77.04.090 and 1995 c 403 s 111 are each amended to read as follows:

     The commission shall adopt permanent rules and amendments to or repeals of existing rules by approval of ((four)) five members by resolution, entered and recorded in the minutes of the commission:  PROVIDED, That the commission may not adopt rules after the effective date of this section that are based solely on a section of law stating a statute's intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule.  The commission shall adopt emergency rules by approval of ((four)) five members.  The commission or the director, when adopting emergency rules under RCW 77.12.150, shall adopt rules in conformance with chapter 34.05 RCW.  Judicial notice shall be taken of the rules filed and published as provided in RCW 34.05.380 and 34.05.210.

      A copy of an emergency rule, certified as a true copy by a member of the commission, the director, or by a person authorized in writing by the director to make the certification, is admissible in court as prima facie evidence of the adoption and validity of the rule."

     Renumber the remaining sections consecutively.

SB 6074 - H AMD

By Representative Regala

     On page 1, line 9 of the title, after "75.52.050," strike "and 77.16.135" and insert "77.16.135, and 77.04.090"

EFFECT:  Requires a majority of commission members to approve adoption of permanent and emergency rules.

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