2002 Legislation
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SENATE BILL NO. 1483 – Agency rules, add’l posting, when


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Daily Data Tracking History

S1483................................................by JUDICIARY AND RULES
ADMINISTRATIVE RULES - Amends existing law to require additional posting
when agencies propose rulemaking that impacts the terms and conditions of
employees of the agency.
02/28    Senate intro - 1st rdg - to printing
03/01    Rpt prt - to St Aff

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                       IN THE SENATE
                                    SENATE BILL NO. 1483
                              BY JUDICIARY AND RULES COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 67-5221, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
  8        67-5221.  PUBLIC NOTICE OF PROPOSED RULEMAKING. (1) Prior to the adoption,
  9    amendment,  or  repeal  of a rule, the agency shall publish notice of proposed
 10    rulemaking in the bulletin. The notice of proposed rulemaking shall include:
 11        (a)  the specific statutory authority for the rulemaking including a cita-
 12        tion to a specific federal statute or regulation if that is the  basis  of
 13        authority or requirement for the rulemaking;
 14        (b)  a statement in nontechnical language of the substance of the proposed
 15        rule,  including  a  specific  description of any fee or charge imposed or
 16        increased;
 17        (c)  the text of the proposed rule prepared in legislative format;
 18        (d)  the location, date, and  time  of  any  public  hearings  the  agency
 19        intends to hold on the proposed rule;
 20        (e)  the manner in which persons may make written comments on the proposed
 21        rule,  including  the  name  and address of a person in the agency to whom
 22        comments on the proposal may be sent;
 23        (f)  the manner in which persons may request an opportunity  for  an  oral
 24        presentation as provided in section 67-5222, Idaho Code; and
 25        (g)  the deadline for public comments on the proposed rule.
 26        (2)  (a) Coinciding with each issue of the bulletin, the coordinator shall
 27        cause the publication of an abbreviated notice with a brief description of
 28        the  subject  matter,  showing  any  agency's  intent  to propose a new or
 29        changed rule that is a new addition to that issue  of  the  bulletin.  The
 30        form of the notice shall be substantially as follows: typefaces used shall
 31        measure  greater  than seven (7) points, and space width shall not be less
 32        than two (2) newspaper columns. The content of the notice  shall  be  sub-
 33        stantially as follows:
 34             A  prominent  bold  typeface heading designed to alert readers to the
 35        rules and information contained in the notice. The  notice  shall  include
 36        the  agency name and address, rule number, rule subject matter as provided
 37        in paragraph (1)(b) of this section, and the  comment  deadline.  A  brief
 38        statement  in  a  prominent bold typeface that informs citizens where they
 39        can view the administrative bulletin in hard copy or electronic form shall
 40        be included.
 41        (b)  The coordinator shall cause the notice required in paragraph  (a)  of
 42        this  subsection  to  be  published in at least the accepting newspaper of
 43        largest paid circulation that is published in each county in Idaho or,  if
  1        no newspaper is published in the county, then in an accepting newspaper of
  2        largest  paid circulation published in Idaho and circulated in the county.
  3        The newspaper of largest circulation shall be established by  the    sworn
  4        statement  of  average annual paid weekday issue circulation that has been
  5        filed by a newspaper with the United States post office for  the  calendar
  6        year  immediately  preceding the calendar year during which the advertise-
  7        ment in this section is required  to  be  published.  The  coordinator  is
  8        authorized  to  negotiate  a rate or rates with any or all newspapers pub-
  9        lishing these notices which will provide adequate exposure to the  notices
 10        by the least expensive means. For the purposes of this section, the provi-
 11        sions of section 60-105, Idaho Code, shall not apply.
 12        (3)  In  addition  to  the requirements of subsections (1) and (2) of this
 13    section, when a rule impacts the terms and conditions of employment of employ-
 14    ees of an agency, a notice of the proposed rulemaking shall  be  posted  in  a
 15    prominent location in the principal work place or places of the agency.

Statement of Purpose / Fiscal Impact

                     STATEMENT OF PURPOSE

                           RS 11797

The purpose of this legislation is to add to section 67- 5221 of the
Idaho Code, Notice of Posted Rule Making. It would require that all
State agencies post notices in a prominent place in the department, 
if the rule or rules impact the terms or conditions of state 
employment which might affect their employment. Some agencies post 
these notices on a regular basis, as a matter of policy, others do 
not. This legislation should make it possible for every Idaho State 
employee, if they check the postings, to know before a hearing is 
held or a decision is made that there are proposed rules being 
considered that could affect their job.

                        FISCAL IMPACT



Name:   Vicki Patterson
Phone:  321-7464
FAX:    321- 4924
EMail   vspatterson@worldnet.att.net