2000 Legislation
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SENATE BILL NO. 1302 – APA, Corrections Dept comply


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Daily Data Tracking History

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,
      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

Bill Text

  ||||              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
  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
  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 / Fiscal Impact

                     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