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S1374......................................................by STATE AFFAIRS
ADMINISTRATIVE RULES - Adds to existing law to provide for a thorough study
of all administrative rules promulgated by every agency, department, board,
commission and office which promulgates rules; to direct the Legislative
Council to appoint study committees in accordance with a schedule for
review and reporting; to provide contents of the study; and to provide for
reporting to the next convening legislature.
02/05 Senate intro - 1st rdg - to printing
02/06 Rpt prt - to St Aff
03/05 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/07 3rd rdg - PASSED - 17-16-2
AYES--Andreason, Boatright, Burtenshaw, Cameron, Deide, Frasure,
Goedde, Hawkins, Keough, King-Barrutia, Little, Risch, Sandy,
Schroeder, Sims, Sorensen, Stegner
NAYS--Brandt, Bunderson, Darrington, Davis, Dunklin, Geddes, Hill,
Ingram, Ipsen, Lodge, Marley, Richardson, Stennett, Thorne, Wheeler,
Williams
Absent and excused--Branch(Bartlett), Noh
Floor Sponsor - Keough
Title apvd - to House
03/08 House intro - 1st rdg - to W/M
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1374
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO ADMINISTRATIVE PROCEDURE ACT; AMENDING CHAPTER 52, TITLE
3 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-5293, IDAHO CODE, TO
4 PROVIDE FOR A THOROUGH STUDY OF ALL ADMINISTRATIVE RULES PROMULGATED BY
5 EVERY AGENCY, DEPARTMENT, BOARD, COMMISSION AND OFFICE WHICH PROMULGATES
6 RULES, TO DIRECT THE LEGISLATIVE COUNCIL TO APPOINT STUDY COMMITTEES IN
7 ACCORDANCE WITH A SCHEDULE FOR REVIEW AND REPORTING, TO PROVIDE CONTENTS
8 OF THE STUDY AND TO PROVIDE FOR REPORTING TO THE NEXT CONVENING LEGISLA-
9 TURE; PROVIDING AN EFFECTIVE DATE AND PROVIDING A SUNSET CLAUSE.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Chapter 52, Title 67, Idaho Code, be, and the same is
12 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
13 ignated as Section 67-5293, Idaho Code, and to read as follows:
14 67-5293. LEGISLATIVE STUDY OF ALL RULES. (1) In addition to legislative
15 review of temporary, pending and final rules which have been published in the
16 bulletin or in the administrative code in accordance with the provisions of
17 section 67-5291, Idaho Code, and in addition to the automatic expiration of
18 rules unless extended annually by statute in accordance with the provisions of
19 section 67-5292, Idaho Code, the legislative council shall annually appoint a
20 committee to conduct a thorough study of the rules of each agency, department,
21 board, commission and office which promulgates rules. Studies shall commence
22 in July 2002 and conclude prior to the convening of the 2006 legislative ses-
23 sion according to the schedule provided in subsection (3) of this section.
24 (2) The purpose of each study is to provide a complete review of every
25 final rule of each agency, department, board, commission and office which pro-
26 mulgates rules, as such rules exist at the time of review. Rules which are
27 temporary and pending at the time of study may be, but need not be, considered
28 for the purposes of this section. Each study shall include, but not be limited
29 to:
30 (a) Confirming statutory authority for the rule;
31 (b) Considering the current relevance and necessity of the rule;
32 (c) Considering the current relevance and necessity of the law on which
33 the rule is based;
34 (d) Considering whether the authorizing statute should be amended to pro-
35 vide more direction in statute, thereby removing the need for rule; and
36 (e) Determining if there have been changes or additions to federal law
37 which effectively supersede state law and negate the need for state law or
38 rules promulgated thereunder.
39 (3) The schedule of review and reporting shall be as follows:
40 (a) From July 2002 for reports to the 2003 legislature: board of accoun-
41 tancy (IDAPA 01), department of agriculture (IDAPA 02), athletic commis-
42 sion (IDAPA 03), office of the attorney general (IDAPA 04), division of
43 building safety including the electrical board, the plumbing board, the
2
1 building code advisory board, and the public works contractors license
2 board (IDAPA 07), and board of correction (IDAPA 06), board of education
3 (IDAPA 08), board of professional engineers and land surveyors (IDAPA 10),
4 department of finance (IDAPA 12), department of fish and game (IDAPA 13),
5 board of registration of professional geologists (IDAPA 14), office of the
6 governor including the Idaho commission on aging, the Idaho commission for
7 the blind, the Idaho forest products commission, the division of human
8 resources and personnel commission, the Idaho liquor dispensary and the
9 emergency response commission (IDAPA 15), department of juvenile correc-
10 tions (IDAPA 05), department of labor (IDAPA 09); and Idaho state police
11 (IDAPA 11);
12 (b) During the 2003 interim for reports to the 2004 legislature: depart-
13 ment of health and welfare (IDAPA 16);
14 (c) During the 2004 interim for reports to the 2005 legislature: board of
15 dentistry (IDAPA 19), industrial commission (IDAPA 17), department of
16 insurance (IDAPA 18), department of lands (IDAPA 20), Idaho state library
17 (IDAPA 30), board of medicine (IDAPA 22), board of nursing (IDAPA 23),
18 board of occupational licenses including the board of architectural exam-
19 iners, the board of barber examiners, the board of chiropractic physi-
20 cians, the board of cosmetology, the board of environmental health spe-
21 cialist examiners, the board of hearing aid dealers and fitters, the board
22 of landscape architects, the board of morticians, the board of examiners
23 of nursing home administrators, the board of optometry, the board of podi-
24 atry, the board of psychologist examiners, the board of social work exam-
25 iners, the Idaho counselor board, the board of denturitry, the board of
26 acupuncture, the real estate appraiser board and the board of residential
27 care facility administrators (IDAPA 24), outfitters and guides licensing
28 board (IDAPA 25), department of parks and recreation (IDAPA 26), board of
29 pharmacy (IDAPA 27), Idaho potato commission (IDAPA 29), public utilities
30 commission (IDAPA 31), real estate commission (IDAPA 33), office of the
31 secretary of state (IDAPA 34) and the division of veterans services (IDAPA
32 21);
33 (d) During the 2005 interim for reports to the 2006 legislature: depart-
34 ment of administration (IDAPA 38), office of the administrative rules
35 coordinator (IDAPA 44), commission on the arts (IDAPA 40), barley commis-
36 sion (IDAPA 53), Idaho beef council (IDAPA 51), canola and rapeseed com-
37 mission (IDAPA 43), department of commerce (IDAPA 48), department of envi-
38 ronmental quality (IDAPA 58), human rights commission (IDAPA 45), Idaho
39 state lottery commission (IDAPA 52), commission for pardons and parole
40 (IDAPA 50), division of professional-technical education (IDAPA 55), pub-
41 lic employee retirement system of Idaho-PERSI (IDAPA 59), public health
42 districts (IDAPA 41), rangeland resources commission (IDAPA 56), board of
43 certified shorthand reporters (IDAPA 49), Idaho board of tax appeals
44 (IDAPA 36), state tax commission (IDAPA 35), department of transportation
45 (IDAPA 39), office of the state treasurer (IDAPA 54), board of veterinary
46 medical examiners (IDAPA 46), division of vocational rehabilitation (IDAPA
47 47), department of water resources (IDAPA 37) and Idaho wheat commission
48 (IDAPA 42).
49 (4) In its report to the next convening legislature, the committee shall
50 summarize its findings and make recommendations which may include repeal of
51 any rule in whole or in part, or repeal or amendment of the statute authoriz-
52 ing promulgation of the rule, or the committee may recommend no change is nec-
53 essary.
54 SECTION 2. This act shall be in full force and effect on and after July
3
1 1, 2002; and shall be null, void and of no force and effect on and after July
2 1, 2006.
STATEMENT OF PURPOSE
RS ll638Cl
It is the purpose of this legislation to allow for the Idaho
Legislature to fully utilize its authority for reviewing rules
set by state agencies.
This bill proposes that over a 3 year period of time all
rules be reviewed on a systematic basis, measured against the law
to ensure appropriate authority exists for the rule and that the
rule is still relevant.
This proposal will allow the Legislature to see the whole
set of rules an agency works with, and that the public is impacted
by, in addition to the snap shot of rule changes and additions
reviewed each session.
FISCAL IMPACT
There would be an impact to the budget of the Legislative
Branch to provide funding for the 4 interim committees; one each
in the years 2002, 2003, 2004 and 2005, and staff support.
Contact
Name: Sen. Shawn Keough
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE S 1374