Print Friendly SENATE BILL NO. 1021 – Rules, agency, effective, when
SENATE BILL NO. 1021
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S1021......................................................by STATE AFFAIRS
RULES - AGENCY - Amends existing law to provide that a pending rule shall
become final and effective upon the conclusion of the legislative session
at which the rule was submitted to the Legislature for review.
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 - Callister
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 20
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN THE SENATE
SENATE BILL NO. 1021
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ADMINISTRATIVE RULES; AMENDING SECTION 67-5224, IDAHO CODE, TO
3 PROVIDE THAT A PENDING RULE SHALL BECOME FINAL AND EFFECTIVE UPON THE CON-
4 CLUSION OF THE LEGISLATIVE SESSION AT WHICH THE RULE WAS SUBMITTED TO THE
5 LEGISLATURE FOR REVIEW, OR THEREAFTER, AS PROVIDED IN THE RULE, AND TO
6 PROVIDE FOR PUBLICATION OF THE DATE UPON WHICH THE LEGISLATURE ADJOURNED
7 AND RULES BECAME EFFECTIVE AND A LIST OF FINAL RULES BECOMING EFFECTIVE ON
8 A DIFFERENT DATE.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 67-5224, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 67-5224. PENDING RULE -- FINAL RULE -- EFFECTIVE DATE. (1) Prior to the
13 adoption, amendment, or repeal of a rule, the agency shall consider fully all
14 written and oral submissions respecting the proposed rule.
15 (2) Subject to the provisions of subsection (3) of this section, the
16 agency shall publish the text of a pending rule in the bulletin. In addition,
17 the agency shall publish a concise explanatory statement containing:
18 (a) reasons for adopting the rule;
19 (b) a statement of any change between the text of the proposed rule and
20 the text of the pending rule with an explanation of the reasons for any
22 (c) the date on which the pending rule will become final and effective,
23 as provided in subsection (5) of this section, and a statement that the
24 pending rule may be rejected, amended or modified by concurrent resolution
25 of the legislature; and
26 (d) an identification of any portion of the pending rule imposing or
27 increasing a fee or charge and a statement that this portion of the rule
28 shall not become final and effective unless affirmatively approved by con-
29 current resolution of the legislature.
30 (3) With the permission of the coordinator, the agency need not publish
31 in full the text of the pending rule if no significant changes have been made
32 from the text of the proposed rule as published in the bulletin, but the
33 notice of adoption of the pending rule must cite the volume of the bulletin
34 where the text is available and note all changes that have been made.
35 (4) An agency shall not publish a pending rule until at least seven (7)
36 days after the close of all public comment.
37 (5) (a) Except as set forth in sections 67-5226 and 67-5228, Idaho Code,
38 a pending rule shall become final and effective on July 1 following
39 upon the conclusion of the legislative session at
40 which the rule was submitted to the legislature for review, or as provided
41 in the rule, but no pending rule adopted by an agency shall become final
42 and effective before the conclusion of the regular or special legislative
43 session at which the rule was submitted for review. A rule which is final
1 and effective may be 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, Idaho Code, no
7 pending rule or portion thereof imposing a fee or charge of any kind shall
8 become final and effective until it has been approved, amended or modi-
9 fied 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 the date upon which the
18 legislature adjourned sine die and rules became effective and a list
19 of final rules becoming effective on a different date ,
20 other than July 1, as provided in section 67-5224(5),
21 Idaho Code, and temporary rules remaining in effect as provided in section
22 67-5226(3), Idaho Code.
STATEMENT OF PURPOSE
This legislation, which was prepared in cooperation with the Administrative Rues
Coordinator, streamlines the rules review process. The amendments provide that all pending
rues become effective upon the adjournment of the legislative session at which they were
submitted for review rather than July I. Since temporary rues expire at the conclusion of the
session, delaying the effective date of pending rules created a gap, making it necessary to
extend the temporary rules until July 1. With this amendment, the temporary rues will expire
and the pending rules will take effect on the same date.
Although the amount cannot be precisely determined at this time, substantial savings
to the state will result from this legislation. Currently several thousand pages of temporary
rues extended until July I are printed and distributed to the germane committees for rules
review at the beginning of each session. With this legislative change, the number of pages of
temporary rules submitted to the germane committees will be greatly reduced.
CONTACT: Susan Mather
Legislative Services Office
STATEMENT OF PURPOSE/FISCAL NOTE S 1021