CERTIFICATION OF ENROLLMENT

ENGROSSED HOUSE BILL 1248

Chapter 2, Laws of 2011

62nd Legislature
2011 1st Special Session



BUDGET REDUCTIONS--EMERGENCY RULES



EFFECTIVE DATE: 05/31/11

Passed by the House May 10, 2011
  Yeas 91   Nays 4

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


Passed by the Senate May 17, 2011
  Yeas 47   Nays 0


BRAD OWEN
________________________________________    
President of the Senate
 
CERTIFICATE

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.


BARBARA BAKER
________________________________________    
Chief Clerk
Approved May 31, 2011, 2:14 p.m.








CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington
 
FILED
June 1, 2011







Secretary of State
State of Washington


_____________________________________________ 

ENGROSSED HOUSE BILL 1248
_____________________________________________

Passed Legislature - 2011 1st Special Session
State of Washington62nd Legislature2011 1st Special Session

By Representatives Hunter and Darneille; by request of Office of Financial Management

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.


         Passed by the House May 10, 2011.
         Passed by the Senate May 17, 2011.
         Approved by the Governor May 31, 2011.
         Filed in Office of Secretary of State June 1, 2011.