2005 Legislation
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SENATE BILL NO. 1075 – Agency rules, legislative mtgs/when

SENATE BILL NO. 1075

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Bill Status



S1075......................................................by STATE AFFAIRS
AGENCY RULES - Amends existing law to increase the number of days after
receipt of the analysis of agency rules from the Legislative Services
Office when rules review subcommittees may hold a meeting on proposed
rules.
                                                                        
01/31    Senate intro - 1st rdg - to printing
02/01    Rpt prt - to St Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1075
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LEGISLATIVE  SUBCOMMITTEES  FOR  REVIEW  OF  ADMINISTRATIVE  RULES
  3        REVIEW;  AMENDING  SECTION  67-454,  IDAHO CODE, TO INCREASE THE NUMBER OF
  4        DAYS WHEN  RULES REVIEW SUBCOMMITTEES MAY HOLD A MEETING ON PROPOSED RULES
  5        AFTER RECEIPT OF THE ANALYSIS FROM THE LEGISLATIVE SERVICES OFFICE.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 67-454, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
                                                                        
  9        67-454.  SUBCOMMITTEES  FOR  REVIEW  OF  ADMINISTRATIVE  RULES -- MEETINGS
 10    REGARDING RULES. For the purposes of review of proposed  administrative  rules
 11    pursuant  to chapter 52, title 67, Idaho Code, germane joint subcommittees are
 12    hereby authorized and created. The speaker of the house of representatives and
 13    the president pro tempore of the senate shall designate a subcommittee of each
 14    germane committee of each house for the consideration of proposed rules of the
 15    respective state agencies. The respective germane subcommittee of  each  house
 16    thus  designated  shall  meet with the germane subcommittee of the other house
 17    and shall constitute the germane joint subcommittee. A  subcommittee  of  each
 18    standing committee of each house shall be composed of the chairman of the com-
 19    mittee,  one (1) member of the majority party from the committee, appointed by
 20    the president pro tempore in the case of senate members, and by the speaker in
 21    the case of house members, and one (1) member of the minority party  from  the
 22    committee,  appointed by the minority leader of the senate in the case of sen-
 23    ate members, and by the minority leader of the house in the case of house mem-
 24    bers. If vacancies occur or exist in the majority party membership of the sub-
 25    committees of the senate, the president pro tempore shall appoint  a  replace-
 26    ment  member;  if vacancies occur or exist in the minority party membership of
 27    the subcommittees of the senate, the minority leader shall appoint a  replace-
 28    ment  member.  If vacancies occur or exist in the majority party membership of
 29    the subcommittees of the house, the speaker shall appoint a  replacement  mem-
 30    ber;  if vacancies occur or exist in the minority party membership of the sub-
 31    committees of the house, the minority leader shall appoint a replacement  mem-
 32    ber.  Meetings  of a joint germane subcommittee shall be governed by the joint
 33    rules of the legislature; the chairmen shall sit as cochairmen.
 34        Upon notice of  intended  action  as  provided  in  sections  67-5221  and
 35    67-5223,  Idaho Code, and transmission of analysis from the director of legis-
 36    lative services, the subcommittees may hold a meeting,  which  shall  be  held
 37    within forty-two ninety (4290)  days of receipt of the analysis. A meeting may
 38    be called by the cochairmen or by two (2) or more members of the subcommittees
 39    giving  oral or written notice to the legislative services office within four-
 40    teen forty-five (145) days of receipt of the  analysis  from  the  legislative
 41    services  office.  Upon  a  finding of the same objection by a majority of the
 42    members of the subcommittee of each house voting separately, an objection to a
 43    rule shall be transmitted to the agency with a concise statement of  the  rea-
                                                                        
                                           2
                                                                        
  1    sons for the objection. A report of the joint subcommittee on each rule trans-
  2    mitted  to  it,  including a finding that there is no objection to the rule or
  3    that an objection has been filed, shall be filed with the agency,  transmitted
  4    to  the  membership  of  the germane standing committees, and submitted to the
  5    next regular session of the legislature.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS 14592

The purpose of this legislation is to allow legislative rules review
subcommittees established pursuant to section 67-454, Idaho Code, a
longer period of time to review proposed state agency administrative
rules promulgated during the legislative interim. The proposal would
allow the subcommittees to meet ninety days after the receipt of the
analysis from the Legislative Services Office. The current law
requires a meeting within forty-two days of the receipt of the
analysis.

The proposal also increases the period of time when members of the
subcommittee can request a meeting from fifteen days to forty-five
days of the receipt of the analysis from the Legislative Services
Office.

This legislation will allow more thorough review of rules by
legislators prior to requesting a subcommittee meeting and help in
scheduling subcommittee meetings.




                          FISCAL IMPACT

There will be no fiscal impact as a result of this legislation.




Contact
Name:     Senator Elliot Werk
Phone:    332-1000
      

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1075