2005 Legislation
Print Friendly

SENATE BILL NO. 1096 – Agency rules/fiscal impct/effective

SENATE BILL NO. 1096

View Bill Status

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.

Bill Status



S1096......................................................by STATE AFFAIRS
AGENCY RULES - Amends existing law to provide that no pending rule or
portion thereof that has a fiscal impact greater than ten thousand dollars
in any fiscal year shall become final and effective until it has been
approved, amended or modified by concurrent resolution.
                                                                        
02/07    Senate intro - 1st rdg - to printing
02/08    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. 1096
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ADMINISTRATIVE RULES; AMENDING SECTION  67-5224,  IDAHO  CODE,  TO
  3        PROVIDE THAT NO PENDING RULE OR PORTION THEREOF THAT HAS  A  FISCAL IMPACT
  4        GREATER  THAN  TEN  THOUSAND DOLLARS IN ANY FISCAL YEAR SHALL BECOME FINAL
  5        AND EFFECTIVE UNTIL IT HAS BEEN APPROVED, AMENDED OR MODIFIED  BY  CONCUR-
  6        RENT RESOLUTION.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section 67-5224, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        67-5224.  PENDING RULE -- FINAL RULE -- EFFECTIVE DATE. (1) Prior  to  the
 11    adoption,  amendment, or repeal of a rule, the agency shall consider fully all
 12    written and oral submissions respecting the proposed rule.
 13        (2)  Subject to the provisions of subsection  (3)  of  this  section,  the
 14    agency  shall publish the text of a pending rule in the bulletin. In addition,
 15    the agency shall publish a concise explanatory statement containing:
 16        (a)  reasons for adopting the rule;
 17        (b)  a statement of any change between the text of the proposed  rule  and
 18        the  text  of  the pending rule with an explanation of the reasons for any
 19        changes;
 20        (c)  the date on which the pending rule will become final  and  effective,
 21        as  provided  in  subsection (5) of this section, and a statement that the
 22        pending rule may be rejected, amended or modified by concurrent resolution
 23        of the legislature; and
 24        (d)  an identification of any portion of  the  pending  rule  imposing  or
 25        increasing  a  fee or charge and a statement that this portion of the rule
 26        shall not become final and effective unless affirmatively approved by con-
 27        current resolution of the legislature.
 28        (3)  With the permission of the coordinator, the agency need  not  publish
 29    in  full the text of the pending rule if no significant changes have been made
 30    from the text of the proposed rule as  published  in  the  bulletin,  but  the
 31    notice  of  adoption  of the pending rule must cite the volume of the bulletin
 32    where the text is available and note all changes that have been made.
 33        (4)  An agency shall not publish a pending rule until at least  seven  (7)
 34    days after the close of all public comment.
 35        (5)  (a) Except as set forth in sections 67-5226 and 67-5228, Idaho  Code,
 36        a pending rule shall become final and effective upon the conclusion of the
 37        legislative session at which the rule was submitted to the legislature for
 38        review,  or  as  provided  in  the rule, but no pending rule adopted by an
 39        agency shall become final and effective before the conclusion of the regu-
 40        lar or special legislative session at which the  rule  was  submitted  for
 41        review.  A rule which is final and effective may be applied retroactively,
 42        as provided in the rule.
 43        (b)  When the legislature approves, amends or modifies a pending rule pur-
                                                                        
                                           2
                                                                        
  1        suant  to  section  67-5291,  Idaho  Code, the rule shall become final and
  2        effective upon adoption of the concurrent resolution or  such  other  date
  3        specified in the concurrent resolution.
  4        (c)  Except   as set forth in sections 67-5226 and 67-5228, Idaho Code, no
  5        pending rule or portion thereof imposing a fee or charge of any kind shall
  6        become final and effective until it has been approved, amended or modified
  7        by concurrent resolution.
  8        (d)  Except as set forth in sections 67-5226 and 67-5228, Idaho  Code,  no
  9        pending  rule or portion thereof that has a fiscal impact greater than ten
 10        thousand dollars ($10,000) in any  fiscal  year  shall  become  final  and
 11        effective  until  it  has been approved, amended or modified by concurrent
 12        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.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 14794

This bill would amend Section 67-5224, Idaho Code,  to 
provide that no pending rule or portion of a rule that has  a 
fiscal impact greater than ten thousand dollars ($10,000) in any
fiscal year shall become final and effective until it has been
approved, amended or modified by concurrent resolution.  The
result of this amendment would be to treat rules that have a
significant fiscal impact like fee rules, which require both
houses of the Legislature to affirmatively approve the rule in
order for the rule to take effect.


                          FISCAL NOTE

This bill has no fiscal impact on the state general fund,
any other state funds or any local government funds.




Contact:  Sen. Tim Corder, 334-1342
          Rep. Bruce Newcomb, Speaker, 332-1111
          Rep. Lawerence Denney, Maj. Leader, 332-1120
          Rep. Mike Moyle, Asst. Maj. Leader, 332-1120
          Rep. Julie Ellsworth, Maj. Caucus Chair, 332-1120
          Rep. Wendy Jaquet, Min. Leader, 332-1132


STATEMENT OF PURPOSE/FISCAL NOTE                    S 1096