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S1536......................................................by STATE AFFAIRS ADMINISTRATIVE RULES - Amends existing law to provide that a pending agency rule adopted under the Administrative Procedure Act shall not become final and effective until it has been approved, amended or modified by Concurrent Resolution. 03/05 Senate intro - 1st rdg - to printing 03/06 Rpt prt - to St Aff
S1536|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1536 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE ADMINISTRATIVE PROCEDURE ACT; AMENDING SECTION 67-5224, IDAHO 3 CODE, TO SPECIFY WHEN ADMINISTRATIVE RULES BECOME FINAL AND EFFECTIVE; AND 4 AMENDING SECTION 67-5291, IDAHO CODE, TO PROVIDE THAT A CONCURRENT RESOLU- 5 TION MAY BE ADOPTED APPROVING THE RULE OR RULES, OR MAY BE ADOPTED REJECT- 6 ING, AMENDING OR MODIFYING THE RULE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 67-5224, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 67-5224. PENDING RULE -- FINAL RULE -- EFFECTIVE DATE. (1) Prior to the 11 adoption, amendment, or repeal of a rule, the agency shall consider fully all 12 written and oral submissions respecting the proposed rule. 13 (2) Subject to the provisions of subsection (3) of this section, the 14 agency shall publish the text of a pending rule in the bulletin. In addition, 15 the agency shall publish a concise explanatory statement containing: 16 (a) reasons for adopting the rule; 17 (b) a statement of any change between the text of the proposed rule and 18 the text of the pending rule with an explanation of the reasons for any 19 changes; 20 (c) the date on which the pending rule will become final and effective, 21 as provided in subsection (5) of this section, and a statement that the 22 pending rule may be rejected, amended or modified by concurrent resolution 23 of the legislature; and 24 (d) an identification of any portion of the pending rule imposing or 25 increasing a fee or charge and a statement that this portion of the rule 26 shall not become final and effective unless affirmatively approved by con- 27 current resolution of the legislature. 28 (3) With the permission of the coordinator, the agency need not publish 29 in full the text of the pending rule if no significant changes have been made 30 from the text of the proposed rule as published in the bulletin, but the 31 notice of adoption of the pending rule must cite the volume of the bulletin 32 where the text is available and note all changes that have been made. 33 (4) An agency shall not publish a pending rule until at least seven (7) 34 days after the close of all public comment. 35 (5) (a) Except as set forth in sections 67-5226 and 67-5228, Idaho Code, 36 a pending rule shall become final and effective on July 1 following the 37 conclusion of the legislative session at which the rule was submitted to 38 the legislature for review, or as provided in the rule, but no pending 39 rule adopted by an agency shall become final and effectivebefore40the conclusion of the regular or special legislative session at which the41rule was submitted for reviewuntil it has been approved, 42 amended or modified by concurrent resolution . A rule which is 43 final and effective may be applied retroactively, as provided in the rule. 2 1 (b) When the legislature approves, amends or modifies a pending rule pur- 2 suant to section 67-5291, Idaho Code, the rule shall become final and 3 effective upon adoption of the concurrent resolution or such other date 4 specified in the concurrent resolution. 5(c) Except as set forth in sections 67-5226 and 67-5228, Idaho6Code, no pending rule or portion thereof imposing a fee or charge of any7kind shall become final and effective until it has been approved, amended8or modified by concurrent resolution.9 (6) Each agency shall provide the administrative rules coordinator with a 10 description of any pending rule or portion thereof imposing a new fee or 11 charge or increasing an existing fee or charge, along with a citation of the 12 specific statute authorizing the imposition or increase of the fee or charge. 13 The administrative rules coordinator shall provide the legislature with a com- 14 pilation of the descriptions provided by the agencies. 15 (7) At the conclusion of the legislative session or as soon thereafter as 16 is practicable, the coordinator shall publish a list of final rules becoming 17 effective on a date other than July 1, as provided in section 67-5224(5), 18 Idaho Code, and temporary rules remaining in effect as provided in section 19 67-5226(3), Idaho Code. 20 SECTION 2. That Section 67-5291, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 67-5291. LEGISLATIVE REVIEW OF RULES. The standing committees of the leg- 23 islature may review temporary, pending and final rules which have been pub- 24 lished in the bulletin or in the administrative code. If reviewed, the stand- 25 ing committee which reviewed the rules shall report to the membership of the 26 body its findings and recommendations concerning its review of the rules. If 27 ordered by the presiding officer, the report of the committee shall be printed 28 in the journal. A concurrent resolution may be adopted approving the rule 29 or rules , or a concurrent resolution may be adopted 30 rejecting, amending or modifying the rule where it is determined that the 31 rule violates the legislative intent of the statute under which the rule was 32 made, or where it is determined that any rule previously promulgated and 33 reviewed by the legislature shall be deemed to violate the legislative intent 34 of the statute under which the rule was made. The rejection, amendment or mod- 35 ification of a rule by the legislature via concurrent resolution shall prevent 36 the agency's intended action from remaining in effect beyond the date of the 37 legislative action. It shall be the responsibility of the secretary of state 38 to immediately notify the affected agency of the filing and effective date of 39 any concurrent resolution enacted to approve, amend, modify, or reject an 40 agency rule and to transmit a copy of the concurrent resolution to the direc- 41 tor of the agency for promulgation. The agency shall be responsible for imple- 42 menting legislative intent as expressed in the concurrent resolution, includ- 43 ing, as appropriate, the reinstatement of the prior rule, if any, in the case 44 of legislative rejection of a new rule, or the incorporation of any legisla- 45 tive amendments to a new rule. If a rule has been amended or modified by the 46 legislature, the agency shall republish the rule in accordance with the provi- 47 sions of chapter 52, title 67, Idaho Code, reflecting the action taken by the 48 legislature and the effective date thereof. If a rule has been rejected by the 49 legislature, the agency shall publish notice of such rejection in the bulle- 50 tin. Except as provided in section 67-5226, Idaho Code, with respect to tempo- 51 rary rules, every rule promulgated within the authority conferred by law, and 52 in accordance with the provisions of chapter 52, title 67, Idaho Code, and 53 made effective pursuant to section 67-5224(5), Idaho Code, shall remain in 3 1 full force and effect until the same is rejected, amended or modified by con- 2 current resolution, or until it expires as provided in section 67-5292, Idaho 3 Code, or by its own terms.
STATEMENT OF PURPOSE
RS 08167
Under current law, pending agency rules are submitted to the
Legislature for review before they go into effect. If they do
not involve fees, pending rules become final and go into effect
unless the Legislature rejects them by concurrent resolution
adopted by both houses. (Pending rules involving fees must be
affirmatively approved by concurrent resolution or they never
go into effect.)
This bill would require all pending rules, not just those
involving fees, to be affirmatively approved by concurrent
resolution adopted by both houses before a rule could become
final and go into effect. Temporary rules would not be affected
by this bill. Temporary rules could still be adopted by agencies
without prior legislative review, if they are approved by the
Governor.
Fiscal Note
This bill would have no fiscal impact on the state general fund
or any other state or local funds.
Contact: Senator Evan Frasure
332-1326
STATEMENT OF PURPOSE/FISCAL NOTE
S1536