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H0086.........................................................by STATE AFFAIRS
RULES - TEMPORARY - Amends existing law to require agencies that adopt a
temporary rule to send a copy of the rule to the director of Legislative
Services at the same time the agency sends the rule to the Office of the
Administrative Rules Coordinator for publication in the bulletin.
01/16 House intro - 1st rdg - to printing
01/17 Rpt prt - to Jud
01/28 Rpt out - rec d/p - to 2nd rdg
01/29 2nd rdg - to 3rd rdg
01/30 3rd rdg - PASSED - 69-0-1
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Crow, Cuddy,
Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,
Miller, Mitchell, Moyle, Nacarrato, Nielsen, Raybould, Ridinger, Ring,
Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,
Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
Tilman, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Collins
Floor Sponsor - Ridinger
Title apvd - to Senate
01/31 Senate intro - 1st rdg - to St Aff
02/04 Rpt out - rec d/p - to 2nd rdg
02/05 2nd rdg - to 3rd rdg
02/07 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
McKenzie, McWilliams, Noble, Noh, Pearce, Schroeder, Sorensen, Stegner,
Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Richardson
Floor Sponsor - Calabretta
Title apvd - to House
02/10 To enrol
02/11 Rpt enrol - Sp signed
02/12 Pres signed
02/13 To Governor
02/18 Governor signed
Session Law Chapter 22
Effective: 02/18/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 86
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO ADMINISTRATIVE PROCEDURE ACT; AMENDING SECTION 67-5226,
3 IDAHO CODE, TO REQUIRE AGENCIES THAT ADOPT A TEMPORARY RULE TO SEND A COPY
4 OF THE RULE TO THE DIRECTOR OF LEGISLATIVE SERVICES AT THE SAME TIME THE
5 AGENCY SENDS THE RULE TO THE OFFICE OF THE ADMINISTRATIVE RULES COORDINA-
6 TOR FOR PUBLICATION IN THE BULLETIN; AND DECLARING AN EMERGENCY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 67-5226, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 67-5226. TEMPORARY RULES. (1) If the governor finds that:
11 (a) protection of the public health, safety, or welfare; or
12 (b) compliance with deadlines in amendments to governing law or federal
13 programs; or
14 (c) conferring a benefit;
15 requires a rule to become effective before it has been submitted to the legis-
16 lature for review the agency may proceed with such notice as is practicable
17 and adopt a temporary rule, except as otherwise provided in section
18 67-5229(1)(d), Idaho Code. The agency may make the temporary rule immediately
19 effective. The agency shall incorporate the required finding and a concise
20 statement of its supporting reasons in each rule adopted in reliance upon the
21 provisions of this subsection.
22 (2) A rule adopted pursuant to subsection (1) of this section which
23 imposes a fee or charge may become effective under this section before it has
24 been approved, amended or modified by concurrent resolution only if the gover-
25 nor finds that the fee or charge is necessary to avoid immediate danger which
26 justifies the imposition of the fee or charge.
27 (3) In no case shall a rule adopted pursuant to this section remain in
28 effect beyond the conclusion of the next succeeding regular session of the
29 legislature unless the rule is approved, amended or modified by concurrent
30 resolution, in which case the rule may remain in effect until the time speci-
31 fied in the resolution or until the rule has been replaced by a final rule
32 which has become effective as provided in section 67-5224(5), Idaho Code.
33 (4) Temporary rules shall be published in the first available issue of
34 the bulletin.
35 (5) Temporary rules are not subject to the requirements of section
36 67-5223, Idaho Code, provided that the agency adopting the temporary rule
37 sends to the director of legislative services a copy of the temporary rule at
38 the same time the agency sends the temporary rule to the office of the admin-
39 istrative rules coordinator for publication in the bulletin.
40 (6) Concurrently with the promulgation of a rule under this section, or
41 as soon as reasonably possible thereafter, an agency shall commence the pro-
42 mulgation of a proposed rule in accordance with the rulemaking requirements of
43 this chapter, unless the temporary rule adopted by the agency will expire by
2
1 its own terms or by operation of law before the proposed rule could become
2 final.
3 SECTION 2. An emergency existing therefor, which emergency is hereby
4 declared to exist, this act shall be in full force and effect on and after its
5 passage and approval.
STATEMENT OF PURPOSE
RS 12307
The purpose of this legislation is to provide notice to the
Director of Legislative Services of temporary rules adopted by
agencies. The legislation would require that copies of temporary
rules be sent to the Director at the same time an agency sends
such rules to the Office of the Administrative Rules Coordinator
for publication in the Administrative Bulletin.
FISCAL IMPACT
None.
Contact
Name: Caralee Lambert
Agency: Legislative Services Office
Phone: (208) 334-2475
STATEMENT OF PURPOSE/FISCAL NOTE H86