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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
]]]] 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 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