Print Friendly SENATE BILL NO. 1124 – Agency rules, fiscal impact
SENATE BILL NO. 1124
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S1124......................................................by STATE AFFAIRS
AGENCY RULES - Amends existing law to provide that no pending rule or
portion thereof which has specified in its notice of proposed rulemaking
that the rule would have a negative fiscal impact on the state general fund
greater than ten thousand dollars shall become final and effective until it
has been approved by Concurrent Resolution.
02/14 Senate intro - 1st rdg - to printing
02/15 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1124
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 WHICH HAS SPECIFIED IN ITS
4 NOTICE OF PROPOSED RULEMAKING PURSUANT TO SECTION 67-5221(c), IDAHO CODE,
5 THAT THE RULE WOULD HAVE A NEGATIVE FISCAL IMPACT ON THE STATE GENERAL
6 FUND GREATER THAN TEN THOUSAND DOLLARS ($10,000) DURING THE FISCAL YEAR
7 WHEN THE PENDING RULE WILL BECOME EFFECTIVE, SHALL BECOME FINAL AND EFFEC-
8 TIVE UNTIL IT HAS BEEN APPROVED BY CONCURRENT RESOLUTION.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 67-5224, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 67-5224. PENDING RULE -- FINAL RULE -- EFFECTIVE DATE. (1) Prior to the
13 adoption, amendment, or repeal of a rule, the agency shall consider fully all
14 written and oral submissions respecting the proposed rule.
15 (2) Subject to the provisions of subsection (3) of this section, the
16 agency shall publish the text of a pending rule in the bulletin. In addition,
17 the agency shall publish a concise explanatory statement containing:
18 (a) reasons for adopting the rule;
19 (b) a statement of any change between the text of the proposed rule and
20 the text of the pending rule with an explanation of the reasons for any
22 (c) the date on which the pending rule will become final and effective,
23 as provided in subsection (5) of this section, and a statement that the
24 pending rule may be rejected, amended or modified by concurrent resolution
25 of the legislature; and
26 (d) an identification of any portion of the pending rule imposing or
27 increasing a fee or charge and a statement that this portion of the rule
28 shall not become final and effective unless affirmatively approved by con-
29 current resolution of the legislature.
30 (3) With the permission of the coordinator, the agency need not publish
31 in full the text of the pending rule if no significant changes have been made
32 from the text of the proposed rule as published in the bulletin, but the
33 notice of adoption of the pending rule must cite the volume of the bulletin
34 where the text is available and note all changes that have been made.
35 (4) An agency shall not publish a pending rule until at least seven (7)
36 days after the close of all public comment.
37 (5) (a) Except as set forth in sections 67-5226 and 67-5228, Idaho Code,
38 a pending rule shall become final and effective upon the conclusion of the
39 legislative session at which the rule was submitted to the legislature for
40 review, or as provided in the rule, but no pending rule adopted by an
41 agency shall become final and effective before the conclusion of the regu-
42 lar or special legislative session at which the rule was submitted for
43 review. A rule which is final and effective may be applied retroactively,
1 as provided in the rule.
2 (b) When the legislature approves, amends or modifies a pending rule pur-
3 suant to section 67-5291, Idaho Code, the rule shall become final and
4 effective upon adoption of the concurrent resolution or such other date
5 specified in the concurrent resolution.
6 (c) Except as set forth in sections 67-5226 and 67-5228, Idaho Code, no
7 pending rule or portion thereof imposing a fee or charge of any kind shall
8 become final and effective until it has been approved, amended or modified
9 by concurrent resolution.
10 (d) Except as set forth in sections 67-5226 and 67-5228, Idaho Code, no
11 pending rule or portion thereof, which has specified in its notice of pro-
12 posed rulemaking pursuant to section 67-5221(c), Idaho Code, that the rule
13 would have a negative fiscal impact on the state general fund greater than
14 ten thousand dollars ($10,000) during the fiscal year when the pending
15 rule will become effective, shall become final and effective until it has
16 been approved by concurrent resolution.
17 (6) Each agency shall provide the administrative rules coordinator with a
18 description of any pending rule or portion thereof imposing a new fee or
19 charge or increasing an existing fee or charge, along with a citation of the
20 specific statute authorizing the imposition or increase of the fee or charge.
21 The administrative rules coordinator shall provide the legislature with a com-
22 pilation of the descriptions provided by the agencies.
23 (7) At the conclusion of the legislative session or as soon thereafter as
24 is practicable, the coordinator shall publish the date upon which the legisla-
25 ture adjourned sine die and rules became effective and a list of final rules
26 becoming effective on a different date, as provided in section 67-5224(5),
27 Idaho Code, and temporary rules remaining in effect as provided in section
28 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
negative fiscal impact on the state general fund greater than ten
thousand dollars ($10,000) shall become final and effective until
it has been approved 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 1124