| Passed by the House May 10, 2011 Yeas 91 ________________________________________ Speaker of the House of Representatives Passed by the Senate May 17, 2011 Yeas 47 ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED HOUSE BILL 1248 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 62nd Legislature | 2011 1st Special Session |
Read first time 01/18/11. Referred to Committee on Ways & Means.
AN ACT Relating to authorizing emergency rule making when necessary to implement fiscal reductions; and amending RCW 34.05.350; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 34.05.350 and 2009 c 559 s 1 are each amended to read
as follows:
(1) If an agency for good cause finds:
(a) That immediate adoption, amendment, or repeal of a rule is
necessary for the preservation of the public health, safety, or general
welfare, and that observing the time requirements of notice and
opportunity to comment upon adoption of a permanent rule would be
contrary to the public interest;
(b) That state or federal law or federal rule or a federal deadline
for state receipt of federal funds requires immediate adoption of a
rule; or
(c) In order to implement the requirements or reductions in
appropriations enacted in any budget for fiscal year((s)) 2009, 2010,
((or)) 2011, 2012, or 2013, which necessitates the need for the
immediate adoption, amendment, or repeal of a rule, and that observing
the time requirements of notice and opportunity to comment upon
adoption of a permanent rule would be contrary to the fiscal needs or
requirements of the agency,
the agency may dispense with those requirements and adopt, amend, or
repeal the rule on an emergency basis. The agency's finding and a
concise statement of the reasons for its finding shall be incorporated
in the order for adoption of the emergency rule or amendment filed with
the office of the code reviser under RCW 34.05.380 and with the rules
review committee.
(2) An emergency rule adopted under this section takes effect upon
filing with the code reviser, unless a later date is specified in the
order of adoption, and may not remain in effect for longer than one
hundred twenty days after filing. Identical or substantially similar
emergency rules may not be adopted in sequence unless conditions have
changed or the agency has filed notice of its intent to adopt the rule
as a permanent rule, and is actively undertaking the appropriate
procedures to adopt the rule as a permanent rule. This section does
not relieve any agency from compliance with any law requiring that its
permanent rules be approved by designated persons or bodies before they
become effective.
(3) Within seven days after the rule is adopted, any person may
petition the governor requesting the immediate repeal of a rule adopted
on an emergency basis by any department listed in RCW 43.17.010.
Within seven days after submission of the petition, the governor shall
either deny the petition in writing, stating his or her reasons for the
denial, or order the immediate repeal of the rule. In ruling on the
petition, the governor shall consider only whether the conditions in
subsection (1) of this section were met such that adoption of the rule
on an emergency basis was necessary. If the governor orders the repeal
of the emergency rule, any sanction imposed based on that rule is void.
This subsection shall not be construed to prohibit adoption of any rule
as a permanent rule.
NEW SECTION. Sec. 2 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
immediately.