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S1125......................................................by STATE AFFAIRS
AGENCY RULES - Amends existing law to require that an agency include in a
notice of proposed rulemaking a citation to the specific section of the
Idaho Code that has occasioned the rulemaking and a specific description,
if applicable, of any negative fiscal impact on the state general fund
greater than ten thousand dollars.
02/14 Senate intro - 1st rdg - to printing
02/15 Rpt prt - to St Aff
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/02 3rd rdg - PASSED - 28-5-2
AYES -- Andreason, Broadsword, Bunderson, Burkett, Burtenshaw,
Cameron, Compton, Corder, Darrington, Davis, Gannon, Goedde, Hill,
Jorgenson, Keough, Langhorst, Little, Lodge, McGee, McKenzie, Noble,
Pearce, Richardson, Schroeder, Stegner, Sweet, Werk, Williams
NAYS -- Coiner, Kelly, Malepeai, Marley, Stennett
Absent and excused -- Brandt, Geddes
Floor Sponsor - Corder
Title apvd - to House
03/03 House intro - 1st rdg - to St Aff
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart(Jacobson), Harwood,
Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher,
Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali, Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Martinez, Schaefer
Floor Sponsor - Ellsworth
Title apvd - to Senate
03/16 To enrol
03/17 Rpt enrol - Pres signed
03/18 Sp signed
03/21 To Governor
03/23 Governor signed
Session Law Chapter 129
Effective: 03/23/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1125
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ADMINISTRATIVE RULES; AMENDING SECTION 67-5221, IDAHO CODE, TO
3 REQUIRE THAT AN AGENCY INCLUDE IN A NOTICE OF PROPOSED RULEMAKING A CITA-
4 TION TO THE SPECIFIC SECTION OF THE IDAHO CODE THAT HAS OCCASIONED THE
5 RULEMAKING AND A SPECIFIC DESCRIPTION, IF APPLICABLE, OF ANY NEGATIVE FIS-
6 CAL IMPACT ON THE STATE GENERAL FUND GREATER THAN TEN THOUSAND DOLLARS
7 DURING THE FISCAL YEAR WHEN THE PENDING RULE WILL BECOME EFFECTIVE AND TO
8 PROVIDE THAT THE ABSENCE OR ACCURACY OF A FISCAL IMPACT STATEMENT SHALL
9 NOT AFFECT THE VALIDITY OR THE ENFORCEABILITY OF THE RULE; AND DECLARING
10 AN EMERGENCY.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 67-5221, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 67-5221. PUBLIC NOTICE OF PROPOSED RULEMAKING. (1) Prior to the adoption,
15 amendment, or repeal of a rule, the agency shall publish notice of proposed
16 rulemaking in the bulletin. The notice of proposed rulemaking shall include:
17 (a) the specific statutory authority for the rulemaking including a cita-
18 tion to a the specific section of the Idaho Code that has occasioned the
19 rulemaking, or the federal statute or regulation if that is the basis of
20 authority or requirement for the rulemaking;
21 (b) a statement in nontechnical language of the substance of the proposed
22 rule, including a specific description of any fee or charge imposed or
23 increased;
24 (c) a specific description, if applicable, of any negative fiscal impact
25 on the state general fund greater than ten thousand dollars ($10,000) dur-
26 ing the fiscal year when the pending rule will become effective; provided,
27 however, that notwithstanding section 67-5231, Idaho Code, the absence or
28 accuracy of a fiscal impact statement provided pursuant to this subsection
29 shall not affect the validity or the enforceability of the rule;
30 (d) the text of the proposed rule prepared in legislative format;
31 (de) the location, date, and time of any public hearings the agency
32 intends to hold on the proposed rule;
33 (ef) the manner in which persons may make written comments on the pro-
34 posed rule, including the name and address of a person in the agency to
35 whom comments on the proposal may be sent;
36 (fg) the manner in which persons may request an opportunity for an oral
37 presentation as provided in section 67-5222, Idaho Code; and
38 (gh) the deadline for public comments on the proposed rule.
39 (2) (a) Coinciding with each issue of the bulletin, the coordinator shall
40 cause the publication of an abbreviated notice with a brief description of
41 the subject matter, showing any agency's intent to propose a new or
42 changed rule that is a new addition to that issue of the bulletin. The
43 form of the notice shall be substantially as follows: typefaces used shall
2
1 measure greater than seven (7) points, and space width shall not be less
2 than two (2) newspaper columns. The content of the notice shall be sub-
3 stantially as follows:
4 A prominent bold typeface heading designed to alert readers to the
5 rules and information contained in the notice. The notice shall include
6 the agency name and address, rule number, rule subject matter as provided
7 in paragraph (1)(b) of this section, and the comment deadline. A brief
8 statement in a prominent bold typeface that informs citizens where they
9 can view the administrative bulletin in hard copy or electronic form shall
10 be included.
11 (b) The coordinator shall cause the notice required in paragraph (a) of
12 this subsection to be published in at least the accepting newspaper of
13 largest paid circulation that is published in each county in Idaho or, if
14 no newspaper is published in the county, then in an accepting newspaper of
15 largest paid circulation published in Idaho and circulated in the county.
16 The newspaper of largest circulation shall be established by the sworn
17 statement of average annual paid weekday issue circulation that has been
18 filed by a newspaper with the United States post office for the calendar
19 year immediately preceding the calendar year during which the advertise-
20 ment in this section is required to be published. The coordinator is
21 authorized to negotiate a rate or rates with any or all newspapers pub-
22 lishing these notices which will provide adequate exposure to the notices
23 by the least expensive means. For the purposes of this section, the provi-
24 sions of section 60-105, Idaho Code, shall not apply.
25 SECTION 2. An emergency existing therefor, which emergency is hereby
26 declared to exist, this act shall be in full force and effect on and after its
27 passage and approval.
STATEMENT OF PURPOSE
RS 14953
When agencies promulgate administrative rules, it is
sometimes difficult to identify the specific state statute that
precipitated the rule change, as opposed to the general
rulemaking authority granted to the agency. Further, while
legislators may request that an agency prepare a statement of
economic impact on a case-by-case basis, there presently is no
mechanism (like fiscal notes on bills and resolutions) to
routinely alert legislators and other interested parties to any
significant fiscal impact on the state budget that might result
from a rule change or adoption.
This bill would amend Section 67-5221, Idaho Code, to
require that an agency include in a notice of proposed rulemaking
a citation to the specific section of the Idaho Code that has
occasioned the rulemaking, as well as a specific description, if
applicable, of any negative fiscal impact on the state general
account greater than $10,000.
FISCAL NOTE
Other than a slight increase printing and publication
charges for additional text in required rulemaking notices, this
bill has no fiscal impact on the state general account.
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 1125