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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
|||| 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
2 RELATING TO NOTICE OF PROPOSED RULEMAKING; AMENDING SECTION 67-5221, IDAHO
3 CODE, TO REQUIRE ADDITIONAL POSTING WHEN THE PROPOSED RULEMAKING IMPACTS
4 TERMS AND CONDITIONS OF EMPLOYEES OF THE AGENCY.
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
2
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
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
NONE
Contact:
Name: Vicki Patterson
Phone: 321-7464
FAX: 321- 4924
EMail vspatterson@worldnet.att.net
STATEMENT OF PURPOSE/FISCAL NOTE S 1483