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S1022......................................................by STATE AFFAIRS
ADMINISTRATIVE RULES - Amends existing law to provide the procedure by
which germane joint subcommittees for review of administrative rules may
call a meeting during the interim.
01/21 Senate intro - 1st rdg - to printing
01/22 Rpt prt - to St Aff
01/28 Rpt out - rec d/p - to 2nd rdg
01/29 2nd rdg - to 3rd rdg
02/01 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Diede, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS -- None
Absent and excused -- None
Floor Sponsor - Risch
Title apvd - to House
02/02 House intro - 1st rdg - to St Aff
02/10 Rpt out - rec d/p - to 2nd rdg
02/11 2nd rdg - to 3rd rdg
02/12 3rd rdg - PASSED - 62-0-8
AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel,
Callister, Campbell, Chase, Clark, Crow, Cuddy, Denney, Ellsworth,
Field(13), Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23),
Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
Kendell, Kjellander, Kunz, Lake, Limbaugh, Linford, Loertscher,
Mader, Marley, McKague, Meyer, Montgomery, Moyle, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith,
Stevenson, Stone, Tippets, Trail, Watson, Wheeler, Williams,
Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Barrett, Deal, Gould, Mortensen, Stoicheff,
Taylor, Tilman, Wood
Floor Sponsor - Wheeler
Title apvd - to Senate
02/15 To enrol
02/16 Rpt enrol - Pres signed
02/17 Sp signed
02/18 To Governor
02/19 Governor signed
Session Law Chapter 21
Effective: 02/19/99
S1022|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1022 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE ADMINISTRATIVE PROCEDURE ACT; AMENDING SECTION 67-454, IDAHO 3 CODE, TO PROVIDE THE PROCEDURE BY WHICH THE GERMANE JOINT SUBCOMMITTEES 4 FOR REVIEW OF ADMINISTRATIVE RULES MAY CALL A MEETING REGARDING RULES DUR- 5 ING THE INTERIM; AMENDING SECTION 67-5223, IDAHO CODE, TO DELETE OBSOLETE 6 LANGUAGE; AMENDING SECTION 33-105, IDAHO CODE, TO PROVIDE A CORRECT CODE 7 REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 67-454, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 67-454. SUBCOMMITTEES FOR REVIEW OF ADMINISTRATIVE RULES -- MEET- 12 INGS REGARDING RULES . For the purposes of review of proposed adminis- 13 trative rules pursuant to chapter 52, title 67, Idaho Code, germane joint sub- 14 committees are hereby authorized and created. The speaker of the house of rep- 15 resentatives and the president pro tempore of the senate shall designate a 16 subcommittee of each germane committee of each house for the consideration of 17 proposed rules of the respective state agencies. The respective germane sub- 18 committee of each house thus designated shall meet with the germane subcommit- 19 tee of the other house and shall constitute the germane joint subcommittee. A 20 subcommittee of each standing committee of each house shall be composed of the 21 chairman of the committee, one (1) member of the majority party from the com- 22 mittee, appointed by the president pro tempore in the case of senate members, 23 and by the speaker in the case of house members, and one (1) member of the 24 minority party from the committee, appointed by the minority leader of the 25 senate in the case of senate members, and by the minority leader of the house 26 in the case of house members. If vacancies occur or exist in the majority 27 party membership of the subcommittees of the senate, the president pro tempore 28 shall appoint a replacement member; if vacancies occur or exist in the minor- 29 ity party membership of the subcommittees of the senate, the minority leader 30 shall appoint a replacement member. If vacancies occur or exist in the major- 31 ity party membership of the subcommittees of the house, the speaker shall 32 appoint a replacement member; if vacancies occur or exist in the minority 33 party membership of the subcommittees of the house, the minority leader shall 34 appoint a replacement member. Meetings of a joint germane subcommittee shall 35 be governed by the joint rules of the legislature; the chairmen shall sit as 36 cochairmen. 37 Upon notice of intended action as provided inchapter 52, title 6738sections 67-5221 and 67-5223 , Idaho Code, and transmission 39 of analysis from the director of legislative services,the cochairmen40shall determine whetherthe subcommittees may hold a 41 meeting , whichof the subcommitteeshall be 42 held. If no meeting is to be held, each member shall be notified of this43decision within fifteen (15) days of receipt of the original notice. If two2 1(2) or more members of the subcommittee object to the decision of the cochair-2men within five (5) days, a meeting of the subcommittee shall be held within3ten (10) dayswithin forty-two (42) days of receipt of the analy- 4 sis. A meeting may be called by the cochairmen or by two (2) or more members 5 of the subcommittees giving oral or written notice to the legislative ser- 6 vices office within fourteen (14) days of receipt of the analysis from the 7 legislative services office . Upon a finding of the same objection by a 8 majority of the members of the subcommittee of each house voting separately, 9 an objection to a rule shall be transmitted to the agency with a concise 10 statement of the reasons for the objection. A report of the joint subcommittee 11 on each rule transmitted to it, including a finding that there is no objection 12 to the rule or that an objection has been filed, shall be filed with the 13 agency, transmitted to the membership of the germane standing committees, and 14 submitted to the next regular session of the legislature. 15 SECTION 2. That Section 67-5223, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 67-5223. INTERIM LEGISLATIVE REVIEW-- LEGISLATIVE HEARINGS18 -- STATEMENT OF ECONOMIC IMPACT. (1) At the same time that notice of proposed 19 rulemaking is filed with the coordinator, the agency shall provide the same 20 notice, accompanied by the full text of the rule under consideration in legis- 21 lative format, as well as a statement of the substance of the intended action, 22 to the director of legislative services. If the proposed rulemaking is based 23 upon a requirement of federal law or regulation, a copy of that specific fed- 24 eral law or regulation shall accompany the submission to the director of leg- 25 islative services. The director of legislative services shall analyze and 26 refer the material under consideration to the germane joint subcommittee cre- 27 ated in section 67-454, Idaho Code. 28 (2)If the germane joint subcommittee notifies the agency within29fourteen (14) days of the date of publication of the notice of proposed rule-30making in the bulletin or within fourteen (14) days prior to the end of the31comment period, whichever is later, that the subcommittee intends to hold a32hearing on the proposed rulemaking within fourteen (14) days, the agency shall33extend the comment period for such additional time as required to receive com-34ments from the subcommittee. The notification from the germane joint subcom-35mittee to the agency shall be sent to the agency and shall also be published36in the bulletin.37(3)An agency shall prepare and deliver to the germane joint sub- 38 committee a statement of economic impact with respect to a proposed rule 39 if, within fourteen (14) days of the receipt of the proposed rule,40the germane joint subcommittee files a written request with the agency 41 for such a statement. The statement shall contain an evaluation of the costs 42 and benefits of the rule, including any health, safety, or welfare costs and 43 benefits. The adequacy of the contents of the statement of economic impact is 44 not subject to judicial review. 45 SECTION 3. That Section 33-105, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 33-105. RULESAND REGULATIONS-- EXECUTIVE DEPARTMENT. (1) 48 The state board shall have power to make rulesand regulations49 for its own government and the government of its executive departments and 50 offices; and, upon recommendations of its executive officers, to appoint to 51 said departments and offices such specialists, clerks and other employees as 3 1 the execution of duties may require, to fix their salaries and assign their 2 duties. 3 (2) Statements of the state board of education and board of regents of 4 the university of Idaho which relate to the curriculum of public educational 5 institutions, to students attending or applicants to such institutions, or to 6 the use and maintenance of land, equipment and buildings controlled by the 7 respective institutions, are not rules and are not statements of general 8 applicability for the purposes of chapter 52, title 67, Idaho Code. 9 (3) Notwithstanding any other provision of chapter 52, title 67, Idaho 10 Code, the state board of education and board of regents of the university of 11 Idaho shall be deemed to be in full compliance with the notice requirements of 12 section 67-5221, Idaho Code, if: 13 (a) Notice is given by including the intended action in the official 14 written agenda for a regularly scheduled meeting of the board, and the 15 agenda is available for public inspection at the central office of the 16 board not less than five (5) days prior to the meeting; and 17 (b) Notice of the intended action, accompanied by the full text of the 18 rule under consideration prepared so as to indicate words added or deleted 19 from the presently effective text, if any, is transmitted to the director 20 of the legislativecouncilservices office at 21 the same time that notice is given under paragraph (a) of this subsection. 22 The director of the legislativecouncilservices office 23 shall refer the material under consideration to the germane joint 24 subcommittee created in section 67-454, Idaho Code, to afford the subcom- 25 mittee opportunity to submit data, views or arguments in writing to the 26 board prior to the time for receiving comment as provided in paragraph (d) 27 of this subsection; and 28 (c) The intended action is discussed but not acted upon during the regu- 29 larly scheduled meeting for which the agenda was prepared, but instead is 30 held for final action at the next regularly scheduled or later meeting of 31 the board; and 32 (d) At least fifteen (15) days prior to the scheduled date for final 33 action, the board shall mail to all persons who have made timely request 34 in writing to the board and shall publish in an issue of the Idaho admin- 35 istrative bulletin a brief description of the intended action, or a con- 36 cise summary of any statement of economic impact required pursuant to sec- 37 tion 67-5223(32 ), Idaho Code, and shall note the 38 time when, the place where, and the manner in which interested persons may 39 present their views thereon; and 40 (e) Upon adoption of a rule, the board, if requested in writing to do so 41 by an interested person either prior to adoption or within twenty-eight 42 (28) days thereafter, shall issue a concise statement of the principal 43 reasons for and against its adoption, incorporating therein its reasons 44 for overruling the considerations urged against its adoption. 45 SECTION 4. An emergency existing therefor, which emergency is hereby 46 declared to exist, this act shall be in full force and effect on and after its 47 passage and approval.
STATEMENT OF PURPOSE
RS 08421
This legislation removes a conflict between two provisions of the Administrative
Procedure Act regarding the procedure whereby the Germane Joint Subcommittees for Rules
Review may call meetings on rules. The amendments also streamline the process by
providing a simplified procedure for calling and holding a meeting. The revisions extend the
time within which the meeting may be held to forty-two days after receipt of the rules
analysis from legislative services, and provide that the cochairmen or two or more members
of the subcommittees may call a meeting by giving oral or written notice to the legislative
services of fice within fourteen days of receiving the rules analysis. The procedure is now
identified in Section 67-454, Idaho Code, and the conflicting provision m Section 67-5223,
Idaho Code, has been deleted.
FISCAL NOTE
This legislation will have no fiscal impact on the general fand.
CONTACT: Susan Mather
Legislative Services Office
334-4858
STATEMENT OF PURPOSE/FISCAL NOTE
S 1022