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SENATE BILL NO. 1096
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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
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-
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
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
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.
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