View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0290.........................................................by STATE AFFAIRS
ADMINISTRATIVE RULES - Amends existing law to provide that a pending rule
shall not become effective until it has been approved by concurrent
resolution; to delete language that states that a pending rule or portion
thereof imposing a fee or charge of any kind shall not become final and
effective until it has been approved, amended or modified by concurrent
resolution; and to provide that a concurrent resolution may be adopted
approving a rule or rules or may be adopted rejecting, amending or modifying a
rule.
02/21 House intro - 1st rdg - to printing
02/24 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 290
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE ADMINISTRATIVE PROCEDURE ACT; AMENDING SECTION 67-5224, IDAHO
3 CODE, TO PROVIDE THAT A PENDING RULE SHALL NOT BECOME EFFECTIVE UNTIL IT
4 HAS BEEN APPROVED BY CONCURRENT RESOLUTION AND TO DELETE LANGUAGE THAT
5 STATES THAT A PENDING RULE OR PORTION THEREOF IMPOSING A FEE OR CHARGE OF
6 ANY KIND SHALL NOT BECOME FINAL AND EFFECTIVE UNTIL IT HAS BEEN APPROVED,
7 AMENDED OR MODIFIED BY CONCURRENT RESOLUTION; AND AMENDING SECTION
8 67-5291, IDAHO CODE, TO PROVIDE THAT A CONCURRENT RESOLUTION MAY BE
9 ADOPTED APPROVING A RULE OR RULES OR MAY BE ADOPTED REJECTING, AMENDING OR
10 MODIFYING A RULE.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 67-5224, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 67-5224. PENDING RULE -- FINAL RULE -- EFFECTIVE DATE. (1) Prior to the
15 adoption, amendment, or repeal of a rule, the agency shall consider fully all
16 written and oral submissions respecting the proposed rule.
17 (2) Subject to the provisions of subsection (3) of this section, the
18 agency shall publish the text of a pending rule in the bulletin. In addition,
19 the agency shall publish a concise explanatory statement containing:
20 (a) reasons for adopting the rule;
21 (b) a statement of any change between the text of the proposed rule and
22 the text of the pending rule with an explanation of the reasons for any
23 changes;
24 (c) the date on which the pending rule will become final and effective,
25 as provided in subsection (5) of this section, and a statement that the
26 pending rule may be rejected, amended or modified by concurrent resolution
27 of the legislature; and
28 (d) an identification of any portion of the pending rule imposing or
29 increasing a fee or charge and a statement that this portion of the rule
30 shall not become final and effective unless affirmatively approved by con-
31 current resolution of the legislature.
32 (3) With the permission of the coordinator, the agency need not publish
33 in full the text of the pending rule if no significant changes have been made
34 from the text of the proposed rule as published in the bulletin, but the
35 notice of adoption of the pending rule must cite the volume of the bulletin
36 where the text is available and note all changes that have been made.
37 (4) An agency shall not publish a pending rule until at least seven (7)
38 days after the close of all public comment.
39 (5) (a) Except as set forth in sections 67-5226 and 67-5228, Idaho Code,
40 a pending rule shall become final and effective upon the conclusion of the
41 legislative session at which the rule was submitted to the legislature for
42 review, or as provided in the rule, but no pending rule adopted by an
43 agency shall become final and effective before the conclusion of the regu-
2
1 lar or special legislative session at which the rule was submitted for
2 review and not until it has been approved by concurrent resolution. A
3 rule which is final and effective may be applied retroactively, as pro-
4 vided in the rule.
5 (b) When the legislature approves, amends or modifies a pending rule pur-
6 suant to section 67-5291, Idaho Code, the rule shall become final and
7 effective upon adoption of the concurrent resolution or such other date
8 specified in the concurrent resolution.
9 (c) Except as set forth in sections 67-5226 and 67-5228, Idaho Code, no
10 pending rule or portion thereof imposing a fee or charge of any kind shall
11 become final and effective until it has been approved, amended or modified
12 by concurrent resolution.
13 (6) Each agency shall provide the administrative rules coordinator with a
14 description of any pending rule or portion thereof imposing a new fee or
15 charge or increasing an existing fee or charge, along with a citation of the
16 specific statute authorizing the imposition or increase of the fee or charge.
17 The administrative rules coordinator shall provide the legislature with a com-
18 pilation of the descriptions provided by the agencies.
19 (7) At the conclusion of the legislative session or as soon thereafter as
20 is practicable, the coordinator shall publish the date upon which the legisla-
21 ture adjourned sine die and rules became effective and a list of final rules
22 becoming effective on a different date, as provided in section 67-5224(5),
23 Idaho Code, and temporary rules remaining in effect as provided in section
24 67-5226(3), Idaho Code.
25 SECTION 2. That Section 67-5291, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 67-5291. LEGISLATIVE REVIEW OF RULES. The standing committees of the leg-
28 islature may review temporary, pending and final rules which have been pub-
29 lished in the bulletin or in the administrative code. If reviewed, the stand-
30 ing committee which reviewed the rules shall report to the membership of the
31 body its findings and recommendations concerning its review of the rules. If
32 ordered by the presiding officer, the report of the committee shall be printed
33 in the journal. A concurrent resolution may be adopted approving the rule or
34 rules, or a concurrent resolution may be adopted rejecting, amending or modi-
35 fying the rule where it is determined that the rule violates the legislative
36 intent of the statute under which the rule was made, or where it is determined
37 that any rule previously promulgated and reviewed by the legislature shall be
38 deemed to violate the legislative intent of the statute under which the rule
39 was made. The rejection, amendment or modification of a rule by the legisla-
40 ture via concurrent resolution shall prevent the agency's intended action from
41 remaining in effect beyond the date of the legislative action. It shall be the
42 responsibility of the secretary of state to immediately notify the affected
43 agency of the filing and effective date of any concurrent resolution enacted
44 to approve, amend, modify, or reject an agency rule and to transmit a copy of
45 the concurrent resolution to the director of the agency for promulgation. The
46 agency shall be responsible for implementing legislative intent as expressed
47 in the concurrent resolution, including, as appropriate, the reinstatement of
48 the prior rule, if any, in the case of legislative rejection of a new rule, or
49 the incorporation of any legislative amendments to a new rule. If a rule has
50 been amended or modified by the legislature, the agency shall republish the
51 rule in accordance with the provisions of chapter 52, title 67, Idaho Code,
52 reflecting the action taken by the legislature and the effective date thereof.
53 If a rule has been rejected by the legislature, the agency shall publish
3
1 notice of such rejection in the bulletin. Except as provided in section
2 67-5226, Idaho Code, with respect to temporary rules, every rule promulgated
3 within the authority conferred by law, and in accordance with the provisions
4 of chapter 52, title 67, Idaho Code, and made effective pursuant to section
5 67-5224(5), Idaho Code, shall remain in full force and effect until the same
6 is rejected, amended or modified by concurrent resolution, or until it expires
7 as provided in section 67-5292, Idaho Code, or by its own terms.
STATEMENT OF PURPOSE
RS 12753
This legislation maintains that all rule making will be
consistent with the procedure used to handle fee rules.
FISCAL IMPACT
No fiscal impact to the general fund.
Contact
Name: Speaker Bruce Newcomb
Rep. Lawerence Denney
Rep. Mike Moyle
Rep. Julie Ellsworth
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 29