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H0297......................................................by STATE AFFAIRS
AGENCY RULES - Amends existing law to provide that a pending rule shall not
become effective until it has been approved by concurrent resolution; and
to provide that a concurrent resolution may be adopted approving a rule or
rules, or may be adopted rejecting, amending or modifying a rule.
02/23 House intro - 1st rdg - to printing
02/24 Rpt prt - to St Aff
03/03 Rpt out - rec d/p - to 2nd rdg
03/04 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 64-3-3
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Black, Boe,
Bruneel, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford,
Loertscher, Mader, Marley, Meyer, Montgomery, Mortensen, Moyle,
Pischner, Pomeroy, Reynolds, Ridinger, Sali, Schaefer, Sellman,
Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets,
Trail, Watson, Wheeler, Williams, Wood, Zimmermann
NAYS -- Bieter, Ringo, Robison
Absent and excused -- Callister, McKague, Mr Speaker
Floor Sponsor - Denney
Title apvd - to Senate
03/09 Senate intro - 1st rdg - to St Aff
H0297|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 297 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE ADMINISTRATIVE PROCEDURE ACT; AMENDING SECTION 67-5224, IDAHO 3 CODE, TO PROVIDE THAT A PENDING RULE SHALL NOT BECOME EFFECTIVE UNTIL IT 4 HAS BEEN APPROVED BY CONCURRENT RESOLUTION; AND AMENDING SECTION 67-5291, 5 IDAHO CODE, TO PROVIDE THAT A CONCURRENT RESOLUTION MAY BE ADOPTED APPROV- 6 ING A RULE OR RULES, OR MAY BE ADOPTED REJECTING, AMENDING OR MODIFYING A 7 RULE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 67-5224, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 67-5224. PENDING RULE -- FINAL RULE -- EFFECTIVE DATE. (1) Prior to the 12 adoption, amendment, or repeal of a rule, the agency shall consider fully all 13 written and oral submissions respecting the proposed rule. 14 (2) Subject to the provisions of subsection (3) of this section, the 15 agency shall publish the text of a pending rule in the bulletin. In addition, 16 the agency shall publish a concise explanatory statement containing: 17 (a) reasons for adopting the rule; 18 (b) a statement of any change between the text of the proposed rule and 19 the text of the pending rule with an explanation of the reasons for any 20 changes; 21 (c) the date on which the pending rule will become final and effective, 22 as provided in subsection (5) of this section, and a statement that the 23 pending rule may be rejected, amended or modified by concurrent resolution 24 of the legislature; and 25 (d) an identification of any portion of the pending rule imposing or 26 increasing a fee or charge and a statement that this portion of the rule 27 shall not become final and effective unless affirmatively approved by con- 28 current resolution of the legislature. 29 (3) With the permission of the coordinator, the agency need not publish 30 in full the text of the pending rule if no significant changes have been made 31 from the text of the proposed rule as published in the bulletin, but the 32 notice of adoption of the pending rule must cite the volume of the bulletin 33 where the text is available and note all changes that have been made. 34 (4) An agency shall not publish a pending rule until at least seven (7) 35 days after the close of all public comment. 36 (5) (a) Except as set forth in sections 67-5226 and 67-5228, Idaho Code, 37 a pending rule shall become final and effective on July 1 following the 38 conclusion of the legislative session at which the rule was submitted to 39 the legislature for review, or as provided in the rule, but no pending 40 rule adopted by an agency shall become final and effective before the con- 41 clusion of the regular or special legislative session at which the rule 42 was submitted for review and not until it has been approved by con- 43 current resolution . A rule which is final and effective may be 2 1 applied retroactively, as provided in the rule. 2 (b) When the legislature approves, amends or modifies a pending rule pur- 3 suant to section 67-5291, Idaho Code, the rule shall become final and 4 effective upon adoption of the concurrent resolution or such other date 5 specified in the concurrent resolution. 6(c) Except as set forth in sections 67-5226 and 67-5228, Idaho7Code, no pending rule or portion thereof imposing a fee or charge of any8kind shall become final and effective until it has been approved, amended9or modified by concurrent resolution.10 (6) Each agency shall provide the administrative rules coordinator with a 11 description of any pending rule or portion thereof imposing a new fee or 12 charge or increasing an existing fee or charge, along with a citation of the 13 specific statute authorizing the imposition or increase of the fee or charge. 14 The administrative rules coordinator shall provide the legislature with a com- 15 pilation of the descriptions provided by the agencies. 16 (7) At the conclusion of the legislative session or as soon thereafter as 17 is practicable, the coordinator shall publish a list of final rules becoming 18 effective on a date other than July 1, as provided in section 67-5224(5), 19 Idaho Code, and temporary rules remaining in effect as provided in section 20 67-5226(3), Idaho Code. 21 SECTION 2. That Section 67-5291, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 67-5291. LEGISLATIVE REVIEW OF RULES. The standing committees of the leg- 24 islature may review temporary, pending and final rules which have been pub- 25 lished in the bulletin or in the administrative code. If reviewed, the stand- 26 ing committee which reviewed the rules shall report to the membership of the 27 body its findings and recommendations concerning its review of the rules. If 28 ordered by the presiding officer, the report of the committee shall be printed 29 in the journal. A concurrent resolution may be adopted approving the rule 30 or rules , or a concurrent resolution may be adopted 31 rejecting, amending or modifying the rule where it is determined that the 32 rule violates the legislative intent of the statute under which the rule was 33 made, or where it is determined that any rule previously promulgated and 34 reviewed by the legislature shall be deemed to violate the legislative intent 35 of the statute under which the rule was made. The rejection, amendment or mod- 36 ification of a rule by the legislature via concurrent resolution shall prevent 37 the agency's intended action from remaining in effect beyond the date of the 38 legislative action. It shall be the responsibility of the secretary of state 39 to immediately notify the affected agency of the filing and effective date of 40 any concurrent resolution enacted to approve, amend, modify, or reject an 41 agency rule and to transmit a copy of the concurrent resolution to the direc- 42 tor of the agency for promulgation. The agency shall be responsible for imple- 43 menting legislative intent as expressed in the concurrent resolution, includ- 44 ing, as appropriate, the reinstatement of the prior rule, if any, in the case 45 of legislative rejection of a new rule, or the incorporation of any legisla- 46 tive amendments to a new rule. If a rule has been amended or modified by the 47 legislature, the agency shall republish the rule in accordance with the provi- 48 sions of chapter 52, title 67, Idaho Code, reflecting the action taken by the 49 legislature and the effective date thereof. If a rule has been rejected by the 50 legislature, the agency shall publish notice of such rejection in the bulle- 51 tin. Except as provided in section 67-5226, Idaho Code, with respect to tempo- 52 rary rules, every rule promulgated within the authority conferred by law, and 53 in accordance with the provisions of chapter 52, title 67, Idaho Code, and 3 1 made effective pursuant to section 67-5224(5), Idaho Code, shall remain in 2 full force and effect until the same is rejected, amended or modified by con- 3 current resolution, or until it expires as provided in section 67-5292, Idaho 4 Code, or by its own terms.
STATEMENT OF PURPOSE
RS09093
This legislation would require both the House and Senate
to affirmatively approve pending rules submitted to them
before the pending rules could become final rules.
FISCAL NOTE
There is no fiscal impact.
CONTACT: Rep. Lawerence Denney
208-332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No H 29