1999 Legislation
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SENATE BILL NO. 1022 – Admin rules, comm mtg held, when


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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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                                      IN THE SENATE

                                   SENATE BILL NO. 1022

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT

 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:

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 in  chapter 52, title 67
38      sections 67-5221 and 67-5223 , Idaho Code, and transmission
39    of analysis from the director of legislative services,    the  cochairmen
40    shall  determine  whether      the subcommittees may hold   a
41    meeting ,  which      of  the  subcommittee    shall  be
42    held . If no meeting is to be held, each member shall be notified of this
43    decision  within  fifteen  (15) days of receipt of the original notice. If two


 1    (2) or more members of the subcommittee object to the decision of the cochair-
 2    men within five (5) days, a meeting of the subcommittee shall be  held  within
 3    ten (10) days   within 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:

18    --  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  within
29    fourteen  (14) days of the date of publication of the notice of proposed rule-
30    making in the bulletin or within fourteen (14) days prior to the  end  of  the
31    comment  period,  whichever  is later, that the subcommittee intends to hold a
32    hearing on the proposed rulemaking within fourteen (14) days, the agency shall
33    extend the comment period for such additional time as required to receive com-
34    ments from the subcommittee. The notification from the germane  joint  subcom-
35    mittee  to  the agency shall be sent to the agency and shall also be published
36    in 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,
40      the 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:

48    The  state  board  shall have power to make rules  and regulations 
49    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


 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 legislative  council   services  office    at
21        the same time that notice is given under paragraph (a) of this subsection.
22        The director of the legislative  council   services 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( 3  2 ), 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 / Fiscal Impact

                      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

S 1022