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HOUSE JOINT RESOLUTION NO. 3

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HJR003.........................................................by STOICHEFF
                          Requested by: Stoicheff
ADMINISTRATIVE RULES - Proposes an amendment to the Constitution of the
State of Idaho to provide that executive agencies may promulgate rules,
orders, tariffs and other articles and to provide that the legislature
shall have the authority to amend, modify or reject such promulgations in
the manner provided by statute.

01/12    House intro - 1st rdg - to printing
01/12    Rpt prt - to St Aff

Bill Text

HJR003


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                               HOUSE JOINT RESOLUTION NO. 3

                                       BY STOICHEFF

 1                                  A JOINT RESOLUTION
 2    PROPOSING AN AMENDMENT TO  ARTICLE III, OF THE CONSTITUTION OF  THE  STATE  OF
 3        IDAHO,  BY  THE ADDITION OF A NEW SECTION 28, ARTICLE III, TO PROVIDE THAT
 4        EXECUTIVE AGENCIES OR ENTITIES, WHETHER CREATED BY STATUTE OR THE  CONSTI-
 5        TUTION,  MAY PROMULGATE RULES, ORDERS, TARIFFS AND OTHER ARTICLES AND THAT
 6        THE LEGISLATURE SHALL HAVE AUTHORITY  TO  AMEND,  MODIFY  OR  REJECT  SUCH
 7        PROMULGATIONS  IN  THE MANNER PROVIDED BY STATUTE; STATING THE QUESTION TO
 8        BE SUBMITTED TO THE ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL TO  PRE-
 9        PARE  THE STATEMENTS REQUIRED BY LAW; AND DIRECTING THE SECRETARY OF STATE
10        TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW.

11    Be It Resolved by the Legislature of the State of Idaho:

12        SECTION 1.  That  Article III, of the Constitution of the State  of  Idaho
13    be  amended by the addition thereto of a  NEW SECTION , to be known
14    and designated as Section 28, Article III, of the Constitution of the State of
15    Idaho and to read as follows:

16             SECTION 28.  LEGISLATIVE REVIEW  OVER  EXECUTIVE  AGENCY  RULES.
17        Executive  agencies  or  entities,  whether created by statute or the
18        constitution, may have the power and authority to  promulgate  rules,
19        orders,  tariffs or other articles having the force and effect of law
20        to implement or administer statutes or  the  constitution  when  such
21        power  has  been  granted  by statute. The legislature shall have the
22        authority to amend, modify or reject such executive agency or  entity
23        rules,  tariffs  or other articles having the force and effect of law
24        in a manner provided by statute.

25        SECTION 2.  The question to be submitted to the electors of the  State  of
26    Idaho at the next general election shall be as follows:
27        "Shall   Article III, of the Constitution of the State of Idaho be amended
28    by the addition of Section 28, Article III, of  the Constitution of the  State
29    of  Idaho,  to provide that executive agencies or entities, whether created by
30    constitution or statute, may promulgate rules, orders, tariffs or other  arti-
31    cles  and that the Legislature shall have authority to amend, modify or reject
32    such promulgations in the manner provided by statute?".

33        SECTION 3.  The Legislative Council is directed to prepare the  statements
34    required by Section 67-453, Idaho Code, and file the same.

35        SECTION 4.  The Secretary of State is hereby directed to publish this pro-
36    posed constitutional amendment and arguments as required by law.

Statement of Purpose / Fiscal Impact

    





                           STATEMENT OF PURPOSE
                                 RS 07427
    
    The purpose of this amendment to the Constitution of the 
    State of Idaho is to give the legislature the authority to 
    review and/or amend, modify, or reject the proposed rules, 
    orders, tariffs, or other articles of all executive agencies.
    
    FISCAL NOTE
    
    Effect is 
    unknown.
    
    CONTACT: Representative Jim Stoicheff
             208-334-2000
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
    HJR 3