2005 Legislation
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SENATE BILL NO. 1124 – Agency rules, fiscal impact

SENATE BILL NO. 1124

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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
 21        changes;
 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,
                                                                        
                                           2
                                                                        
  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 / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 14952
    
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.


                          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 1124