WSR 20-04-002

EMERGENCY RULES

WASHINGTON STATE UNIVERSITY

[Filed January 23, 2020, 9:22 a.m., effective January 23, 2020, 9:22 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: The university is updating the rules regarding student conduct related to firearms and dangerous weapons to remove the option for storage of student firearms at the Washington State University (WSU) police department.

Note: This emergency rule-making order was originally filed on September 26, 2019. A preproposal for similar permanent rules was filed on October 23, 2019, as WSR 19-21-171, with a proposal filed on January 2, 2020, as WSR 20-02-107, and intended for adoption on March 13, 2020.

Citation of Rules Affected by this Order: Amending WAC 504-26-213.

Statutory Authority for Adoption: RCW 28B.30.150.

Under RCW 34.05.350 the agency for good cause finds 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; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: This emergency change is required to ensure that WSU policy is consistent with RCW 9.41.345(5), regarding the storage and release of firearms that have been stored at the WSU police department. The existing WAC required all firearms brought to campus be stored at the WSU police department. The university's firearms storage program [is] unfeasible under current interpretation of RCW 9.41.345(5) and has been discontinued. Accordingly, WAC 504-26-213 must be amended to clarify university policy and reflect the discontinuation of weapons storage by the WSU police department.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: January 23, 2020.

Deborah L. Bartlett, Director

Procedures, Records, and Forms

and University Rules Coordinator