2003 Legislation
Print Friendly

HOUSE BILL NO. 86 – Rules, temporary, Legislative Serv

HOUSE BILL NO. 86

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact








                      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