2003 Legislation
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HOUSE BILL NO. 290 – Rules, pending, effective, when

HOUSE BILL NO. 290

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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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact



                       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