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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 - 2003IN 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