Print Friendly HOUSE JOINT RESOLUTION NO. 3 – Agency rules, legislative review
HOUSE JOINT RESOLUTION NO. 3
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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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN THE HOUSE OF REPRESENTATIVES
HOUSE JOINT RESOLUTION NO. 3
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
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.
CONTACT: Representative Jim Stoicheff
STATEMENT OF PURPOSE/FISCAL NOTE