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S1302......................................................by STATE AFFAIRS
ADMINISTRATIVE PROCEDURE ACT - Amends existing law to bring the
administrative rules provisions applicable to the Department of Correction
into conformity with amendments to the Administrative Procedure Act.
01/25 Senate intro - 1st rdg - to printing
01/26 Rpt prt - to St Aff
02/01 Rpt out - rec d/p - to 2nd rdg
02/02 2nd rdg - to 3rd rdg
02/04 3rd rdg - PASSED - 30-0-5
AYES--Boatright, Bunderson, Burtenshaw, Cameron, Crow, Danielson,
Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram,
Ipsen, Keough, King-Barrutia, Lee, Noh, Parry, Richardson, Riggs,
Risch, Schroeder, Sorensen, Stegner, Thorne, Wheeler, Whitworth,
Williams
NAYS--None
Absent and excused--Andreason, Branch, McLaughlin, Sandy, Stennett
Floor Sponsor - Dunklin
Title apvd - to House
02/07 House intro - 1st rdg - to St Aff
03/23 Rpt out - rec d/p - to 2nd rdg
03/24 2nd rdg - to 3rd rdg
04/03 3rd rdg - PASSED - 63-0-7
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd,
Kellogg, Kempton, Kunz, Lake, Loertscher(Loertscher), Mader, Marley,
McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Trail, Wood, Zimmermann
NAYS -- None
Absent and excused -- Clark, Crow, Hansen(29), Kendell, Linford,
Wheeler, Mr Speaker
Floor Sponsor - Ellsworth
Title apvd - to Senate
04/04 To enrol - rpt enrol - Pres signed
04/05 Sp signed
04/06 To Governor
04/12 Governor signed
Session Law Chapter 228
Effective: 04/12/00
S1302
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1302
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ADMINISTRATIVE RULEMAKING BY THE BOARD OF CORRECTION; AMENDING
3 SECTION 20-212, IDAHO CODE, TO DELETE OBSOLETE PROVISIONS AND CONFORM THE
4 SECTION TO THE ADMINISTRATIVE PROCEDURE ACT AND TO MAKE A TECHNICAL COR-
5 RECTION; AND DECLARING AN EMERGENCY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 20-212, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 20-212. RULES -- AUTHORITY OF BOARD. (1) The state board of correction
10 shall make all necessary rules to carry out the provisions of this chapter not
11 inconsistent with express statutes or the state constitution. The board shall
12 fix the time and place of meetings, the order of business, the form of records
13 to be kept, the reports to be made, and all other rules necessary to the effi-
14 cient management and control of the state penitentiary and all properties used
15 in connection therewith. All rules of the board shall be subject to review of
16 the legislature pursuant to sections 67-454, 67-5291 and 67-5292, Idaho Code,
17 but no other provisions of chapter 52, title 67, Idaho Code, shall apply to
18 the board, except as otherwise specifically provided by statute. When making
19 rules required by this section, the board or the department shall submit the
20 rules to the office of the state administrative rules coordinator, in a
21 format suitable to the office of the state administrative rules coordinator as
22 provided in section 67-5202, Idaho Code, and the board or department shall pay
23 all the fees provided in section 67-5205, Idaho Code. The office of the state
24 administrative rules coordinator is authorized and shall publish the board or
25 department's rules in the administrative bulletin. Additionally, whenever the
26 board or department desires to amend, modify or repeal any of its rules, it
27 shall follow the procedure provided in this section. All rules, or the amend-
28 ment or repeal of rules shall be effective thirty (30) days after the date of
29 publication by the office of the administrative rules coordinator. If the
30 board determines that the rules need to be effective at a sooner date, they
31 shall issue a proclamation indicating that the public health, safety and wel-
32 fare is in jeopardy and, if the governor agrees, the rules shall be effective
33 upon the governor signing the proclamation.
34 (2) "Rule" as used in this section means the whole or a part of the board
35 of correction or department of correction's statement of general applicability
36 that has been promulgated in compliance with the provisions of this section
37 and that implements, interprets or prescribes:
38 (a) Law or policy,; or
39 (b) The procedure or practice requirements of the board or department.
40 The term includes the amendment, repeal, or suspension of an existing
41 rule, but does not include:
42 (i) Statements concerning only the internal management or internal
43 personnel policies of an agency and not affecting private rights of
2
1 the public or procedures available to the public; or
2 (ii) Declaratory rulings issued pursuant to statute or the board's
3 rules; or
4 (iii) Intra-department memoranda; or
5 (iv) Any written statements given by the department or board which
6 pertain to an interpretation of a rule or to the documentation of
7 compliance with a rule.
8 (3) At the same time that the proclamation of rulemaking is filed with
9 the coordinator, the board or department shall provide the same notice,
10 accompanied by the full text of the rule under consideration in legislative
11 format, as well as a statement of the substance of the intended action, to the
12 director of legislative services. If the rulemaking is based upon a require-
13 ment of federal law or regulation, a copy of that specific federal law or reg-
14 ulation shall accompany the submission to the director of legislative ser-
15 vices. The director of legislative services shall analyze and refer the mate-
16 rial under consideration to the germane joint subcommittee created in section
17 67-454, Idaho Code.
18 (4) If the germane joint subcommittee notifies the department or board
19 within fourteen (14) days of the date of publication of the proclamation of
20 rulemaking in the bulletin or within fourteen (14) days prior to the end of
21 the comment period, whichever is later, that the subcommittee intends to hold
22 a hearing on the rulemaking within fourteen (14) days, the agency shall extend
23 the comment period for such additional time as required to receive comments
24 from the subcommittee. The notification from the germane joint subcommittee to
25 the agency shall be sent to the agency.
26 (5) The board or department shall prepare and deliver to the germane
27 joint subcommittee a statement of economic impact with respect to a rule if,
28 within fourteen (14) days of the receipt of the rule, the germane joint sub-
29 committee files a written request with the board or department for such a
30 statement. The statement shall contain an evaluation of the costs and benefits
31 of the rule, including any health, safety, or welfare costs and benefits. The
32 adequacy of the contents of the statement of economic impact is not subject to
33 judicial review.
34 SECTION 2. An emergency existing therefor, which emergency is hereby
35 declared to exist, this act shall be in full force and effect on and after its
36 passage and approval.
STATEMENT OF PURPOSE
RS 09373
This is a housekeeping bill necessitated by amendments to the
Administrative Procedure Act made during the 1999 Legislative
Session in Senate Bill 1022. That legislation amended the APA
to simplify the procedure for calling a rules meeting during
the interim by germane joint subcommittees for review of
administrative rules. Senate Bill 1110, as amended, from the
1999 session, added certain administrative rules procedures
from the APA to Section 20-212, Idaho Code, the administrative
rules provisions applicable to the Department of Correction.
Some of the language added to Section 20-212, Idaho Code, by
SB 1110, aa, was deleted from the APA by SB 1022. This legislation
brings the Department of Correction rules provisions into
conformity with the 1999 amendments to the APA.
FISCAL NOTE
The legislation will have no fiscal impact.
Contact: Susan Mather
Legislative Services Office
(208) 334-4858
STATEMENT OF PURPOSE/FISCAL NOTE 1302