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S1161aa....................................................by STATE AFFAIRS
AGENCY RULES - Amends existing law to require a notice of adoption to
provide a citation to the specific section of the Idaho Code that has
occasioned an agency's rulemaking and a description of the negative fiscal
impact on the state General Fund greater than ten thousand dollars.
02/23 Senate intro - 1st rdg - to printing
02/24 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 - 20-11-4
AYES -- Andreason, Brandt, Broadsword, Cameron, Corder, Davis,
Goedde, Hill, Jorgenson, Little, Lodge, McGee, McKenzie, Noble,
Pearce, Richardson, Schroeder, Stegner, Sweet, Williams
NAYS -- Burkett, Coiner, Compton, Darrington, Gannon, Kelly,
Langhorst, Malepeai, Marley, Stennett, Werk
Absent and excused -- Bunderson, Burtenshaw, Geddes, Keough
Floor Sponsor - Corder
Title apvd
Held for reconsideration
03/03 Motion to Reconsider - PASSED
To 14th Ord
03/04 Rpt out amen - to engros
03/07 Rpt engros - 1st rdg - to 2nd rdg as amen
03/08 2nd rdg - to 3rd rdg as amen
03/10 3rd rdg as amen - PASSED - 31-0-3, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Gannon, Geddes, Goedde, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, Marley, McGee, McKenzie, Richardson, Schroeder,
Stegner, Stennett, Sweet, Werk
NAYS -- None
Absent and excused -- Hill, Pearce, Williams, (District 21 seat
vacant)
Floor Sponsor - Corder
Title apvd - to House
03/11 House intro - 1st rdg - to St Aff
03/18 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
Rls susp - PASSED - 60-0-10
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Block, Boe, Bolz, Bradford, Cannon, Chadderdon,
Clark, Collins, Crow, Denney, Edmunson(Barker), Ellsworth, Field(18),
Field(23), Garrett, Hart, Henderson, Jaquet, Jones, Kemp, Lake,
LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller,
Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ringo,
Roberts, Rydalch, Sali, Sayler, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Black, Deal, Eskridge, Harwood, Henbest,
Mitchell, Ring, Rusche, Schaefer, Wills
Floor Sponsor - Ellsworth
Title apvd - to Senate
03/22 To enrol
03/23 Rpt enrol - Pres signed
03/24 Sp signed
03/25 To Governor
03/31 Governor signed
Session Law Chapter 220
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1161
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ADMINISTRATIVE RULES; AMENDING SECTION 67-5224, IDAHO CODE, TO
3 REQUIRE AN AGENCY TO PUBLISH A NOTICE OF ADOPTION OF THE PENDING RULE IN
4 THE BULLETIN, TO INCLUDE IN THE NOTICE OF ADOPTION THE SPECIFIC STATUTORY
5 AUTHORITY FOR THE RULEMAKING INCLUDING A CITATION TO THE SPECIFIC SECTION
6 OF THE IDAHO CODE THAT HAS OCCASIONED THE RULEMAKING, OR THE FEDERAL STAT-
7 UTE OR REGULATION IF THAT IS THE BASIS OF AUTHORITY OR REQUIREMENT FOR THE
8 RULEMAKING, TO REQUIRE IN AN AGENCY'S NOTICE OF ADOPTION A SPECIFIC
9 DESCRIPTION, IF APPLICABLE, OF ANY NEGATIVE FISCAL IMPACT ON THE STATE
10 GENERAL FUND GREATER THAN TEN THOUSAND DOLLARS DURING THE FISCAL YEAR WHEN
11 THE PENDING RULE WILL BECOME EFFECTIVE, PROVIDED HOWEVER, THE ABSENCE OR
12 ACCURACY OF A FISCAL IMPACT STATEMENT SHALL NOT AFFECT THE VALIDITY OR
13 ENFORCEABILITY OF THE RULE, AND TO PROVIDE THAT NO PENDING RULE OR PORTION
14 THEREOF WHICH HAS SPECIFIED IN ITS NOTICE OF ADOPTION THAT THE RULE WOULD
15 HAVE A NEGATIVE FISCAL IMPACT ON THE STATE GENERAL FUND GREATER THAN TEN
16 THOUSAND DOLLARS DURING THE FISCAL YEAR WHEN THE PENDING RULE WILL BECOME
17 EFFECTIVE, SHALL BECOME FINAL AND EFFECTIVE UNTIL IT HAS BEEN APPROVED BY
18 CONCURRENT RESOLUTION.
19 Be It Enacted by the Legislature of the State of Idaho:
20 SECTION 1. That Section 67-5224, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 67-5224. PENDING RULE -- FINAL RULE -- EFFECTIVE DATE. (1) Prior to the
23 adoption, amendment, or repeal of a rule, the agency shall consider fully all
24 written and oral submissions respecting the proposed rule.
25 (2) Subject to the provisions of subsection (3) of this section, the
26 agency shall publish the text of a pending rule and a notice of adoption of
27 the pending rule in the bulletin. In addition, the agency shall publish The
28 notice of adoption of the pending rule shall consist of a concise explanatory
29 statement containing:
30 (a) reasons for adopting the rule;
31 (b) a statement of any change between the text of the proposed rule and
32 the text of the pending rule with an explanation of the reasons for any
33 changes;
34 (c) the date on which the pending rule will become final and effective,
35 as provided in subsection (5) of this section, and a statement that the
36 pending rule may be rejected, amended or modified by concurrent resolution
37 of the legislature; and
38 (d) an identification of any portion of the pending rule imposing or
39 increasing a fee or charge and a statement that this portion of the rule
40 shall not become final and effective unless affirmatively approved by con-
41 current resolution of the legislature;
42 (e) the specific statutory authority for the rulemaking including a cita-
43 tion to the specific section of the Idaho Code that has occasioned the
2
1 rulemaking, or the federal statute or regulation if that is the basis of
2 authority or requirement for the rulemaking; and
3 (f) a specific description, if applicable, of any negative fiscal impact
4 on the state general fund greater than ten thousand dollars ($10,000) dur-
5 ing the fiscal year when the pending rule will become effective; provided
6 however, that notwithstanding section 67-5231, Idaho Code, the absence or
7 accuracy of a fiscal impact statement provided pursuant to this subsection
8 shall not affect the validity or the enforceability of the rule.
9 (3) With the permission of the coordinator, the agency need not publish
10 in full the text of the pending rule if no significant changes have been made
11 from the text of the proposed rule as published in the bulletin, but the
12 notice of adoption of the pending rule must cite the volume of the bulletin
13 where the text is available and note all changes that have been made.
14 (4) An agency shall not publish a pending rule until at least seven (7)
15 days after the close of all public comment.
16 (5) (a) Except as set forth in sections 67-5226 and 67-5228, Idaho Code,
17 a pending rule shall become final and effective upon the conclusion of the
18 legislative session at which the rule was submitted to the legislature for
19 review, or as provided in the rule, but no pending rule adopted by an
20 agency shall become final and effective before the conclusion of the regu-
21 lar or special legislative session at which the rule was submitted for
22 review. A rule which is final and effective may be applied retroactively,
23 as provided in the rule.
24 (b) When the legislature approves, amends or modifies a pending rule pur-
25 suant to section 67-5291, Idaho Code, the rule shall become final and
26 effective upon adoption of the concurrent resolution or such other date
27 specified in the concurrent resolution.
28 (c) Except as set forth in sections 67-5226 and 67-5228, Idaho Code, no
29 pending rule or portion thereof imposing a fee or charge of any kind shall
30 become final and effective until it has been approved, amended or modified
31 by concurrent resolution.
32 (d) Except as set forth in sections 67-5226 and 67-5228, Idaho Code, no
33 pending rule or portion thereof, which has specified in its explanatory
34 statement of rulemaking pursuant to subsection (2)(f) of this section,
35 that the rule would have a negative fiscal impact on the state general
36 fund greater than ten thousand dollars ($10,000) during the fiscal year
37 when the pending rule will become effective, shall become final and effec-
38 tive until it has been approved by concurrent resolution.
39 (6) Each agency shall provide the administrative rules coordinator with a
40 description of any pending rule or portion thereof imposing a new fee or
41 charge or increasing an existing fee or charge, along with a citation of the
42 specific statute authorizing the imposition or increase of the fee or charge.
43 The administrative rules coordinator shall provide the legislature with a com-
44 pilation of the descriptions provided by the agencies.
45 (7) At the conclusion of the legislative session or as soon thereafter as
46 is practicable, the coordinator shall publish the date upon which the legisla-
47 ture adjourned sine die and rules became effective and a list of final rules
48 becoming effective on a different date, as provided in section 67-5224(5),
49 Idaho Code, and temporary rules remaining in effect as provided in section
50 67-5226(3), Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
Moved by Corder
Seconded by Davis
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1161
1 AMENDMENT TO SECTION 1
2 On page 2 of the printed bill, delete lines 32 through 38.
3 CORRECTION TO TITLE
4 On page 1, in line 8 following "RULEMAKING," insert: "AND"; and delete
5 lines 13 through 18 and insert: "ENFORCEABILITY OF THE RULE.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1161, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ADMINISTRATIVE RULES; AMENDING SECTION 67-5224, IDAHO CODE, TO
3 REQUIRE AN AGENCY TO PUBLISH A NOTICE OF ADOPTION OF THE PENDING RULE IN
4 THE BULLETIN, TO INCLUDE IN THE NOTICE OF ADOPTION THE SPECIFIC STATUTORY
5 AUTHORITY FOR THE RULEMAKING INCLUDING A CITATION TO THE SPECIFIC SECTION
6 OF THE IDAHO CODE THAT HAS OCCASIONED THE RULEMAKING, OR THE FEDERAL STAT-
7 UTE OR REGULATION IF THAT IS THE BASIS OF AUTHORITY OR REQUIREMENT FOR THE
8 RULEMAKING, AND TO REQUIRE IN AN AGENCY'S NOTICE OF ADOPTION A SPECIFIC
9 DESCRIPTION, IF APPLICABLE, OF ANY NEGATIVE FISCAL IMPACT ON THE STATE
10 GENERAL FUND GREATER THAN TEN THOUSAND DOLLARS DURING THE FISCAL YEAR WHEN
11 THE PENDING RULE WILL BECOME EFFECTIVE, PROVIDED HOWEVER, THE ABSENCE OR
12 ACCURACY OF A FISCAL IMPACT STATEMENT SHALL NOT AFFECT THE VALIDITY OR
13 ENFORCEABILITY OF THE RULE.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 67-5224, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 67-5224. PENDING RULE -- FINAL RULE -- EFFECTIVE DATE. (1) Prior to the
18 adoption, amendment, or repeal of a rule, the agency shall consider fully all
19 written and oral submissions respecting the proposed rule.
20 (2) Subject to the provisions of subsection (3) of this section, the
21 agency shall publish the text of a pending rule and a notice of adoption of
22 the pending rule in the bulletin. In addition, the agency shall publish The
23 notice of adoption of the pending rule shall consist of a concise explanatory
24 statement containing:
25 (a) reasons for adopting the rule;
26 (b) a statement of any change between the text of the proposed rule and
27 the text of the pending rule with an explanation of the reasons for any
28 changes;
29 (c) the date on which the pending rule will become final and effective,
30 as provided in subsection (5) of this section, and a statement that the
31 pending rule may be rejected, amended or modified by concurrent resolution
32 of the legislature; and
33 (d) an identification of any portion of the pending rule imposing or
34 increasing a fee or charge and a statement that this portion of the rule
35 shall not become final and effective unless affirmatively approved by con-
36 current resolution of the legislature;
37 (e) the specific statutory authority for the rulemaking including a cita-
38 tion to the specific section of the Idaho Code that has occasioned the
39 rulemaking, or the federal statute or regulation if that is the basis of
40 authority or requirement for the rulemaking; and
41 (f) a specific description, if applicable, of any negative fiscal impact
42 on the state general fund greater than ten thousand dollars ($10,000) dur-
43 ing the fiscal year when the pending rule will become effective; provided
2
1 however, that notwithstanding section 67-5231, Idaho Code, the absence or
2 accuracy of a fiscal impact statement provided pursuant to this subsection
3 shall not affect the validity or the enforceability of the rule.
4 (3) With the permission of the coordinator, the agency need not publish
5 in full the text of the pending rule if no significant changes have been made
6 from the text of the proposed rule as published in the bulletin, but the
7 notice of adoption of the pending rule must cite the volume of the bulletin
8 where the text is available and note all changes that have been made.
9 (4) An agency shall not publish a pending rule until at least seven (7)
10 days after the close of all public comment.
11 (5) (a) Except as set forth in sections 67-5226 and 67-5228, Idaho Code,
12 a pending rule shall become final and effective upon the conclusion of the
13 legislative session at which the rule was submitted to the legislature for
14 review, or as provided in the rule, but no pending rule adopted by an
15 agency shall become final and effective before the conclusion of the regu-
16 lar or special legislative session at which the rule was submitted for
17 review. A rule which is final and effective may be applied retroactively,
18 as provided in the rule.
19 (b) When the legislature approves, amends or modifies a pending rule pur-
20 suant to section 67-5291, Idaho Code, the rule shall become final and
21 effective upon adoption of the concurrent resolution or such other date
22 specified in the concurrent resolution.
23 (c) Except as set forth in sections 67-5226 and 67-5228, Idaho Code, no
24 pending rule or portion thereof imposing a fee or charge of any kind shall
25 become final and effective until it has been approved, amended or modified
26 by concurrent resolution.
27 (6) Each agency shall provide the administrative rules coordinator with a
28 description of any pending rule or portion thereof imposing a new fee or
29 charge or increasing an existing fee or charge, along with a citation of the
30 specific statute authorizing the imposition or increase of the fee or charge.
31 The administrative rules coordinator shall provide the legislature with a com-
32 pilation of the descriptions provided by the agencies.
33 (7) At the conclusion of the legislative session or as soon thereafter as
34 is practicable, the coordinator shall publish the date upon which the legisla-
35 ture adjourned sine die and rules became effective and a list of final rules
36 becoming effective on a different date, as provided in section 67-5224(5),
37 Idaho Code, and temporary rules remaining in effect as provided in section
38 67-5226(3), Idaho Code.
STATEMENT OF PURPOSE
RS 15036
This bill would amend Section 67-5224, Idaho Code, to
require an agency to include in its notice adopting a pending
rule the section of the Idaho Code that has occasioned the
rulemaking as well as a fiscal impact description if greater than
$10,000 on the general fund, and to provide that no pending rule
or portion of a rule that has a negative fiscal impact on the
state general fund greater than $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 1161