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H0459......................................................by STATE AFFAIRS RULES - Amends existing law to provide statutory procedures for negotiated rulemaking; and to provide for agencies to post notice of rulemaking onto its website, if the agency has a website. 02/04 House intro - 1st rdg - to printing 02/05 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 459 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ADMINISTRATIVE RULES; AMENDING SECTION 67-5220, IDAHO CODE, TO 3 PROVIDE STATUTORY PROCEDURES FOR NEGOTIATED RULEMAKING; AMENDING SECTION 4 67-5221, IDAHO CODE, TO PROVIDE FOR AN AGENCY TO POST NOTICE OF RULEMAKING 5 ONTO ITS WEBSITE IF THE AGENCY HAS A WEBSITE AND TO MAKE TECHNICAL CORREC- 6 TIONS; AND DECLARING AN EMERGENCY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 67-5220, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 67-5220. NOTICE OF INTENT TO PROMULGATE RULES -- NEGOTIATED RULEMAKING. 11 (1) Prior to the adoption, amendment or repeal of the rule, aAn agencymay12 shall, whenever feasible, publish in the bulletin a notice of intent to pro- 13 mulgate a rule. The notice shall contain a brief, nontechnical statement of 14 the subject matter to be addressed in the proposed rulemaking, and shall 15 include the purpose of the rule, the statutory authority for the rulemaking, 16 citation to a specific federal statute or regulation if that is the basis of 17 authority or requirement for the rulemaking, and the principal issues 18 involved. The notice shall also state that interested parties have the oppor- 19 tunity to participate with the agency in negotiated rulemaking as provided in 20 this section, and shall identify an individual to whomcomments onresponses 21 to the proposal may be sent. 22 (2) The notice of intent to promulgate a rule is intended to facilitate 23 negotiated rulemaking, a process in which all interested parties and the 24 agency seek consensus on the content of a rule. Agenciesare encouraged to25 shall proceed through such informal rulemaking whenever it is feasible to do 26 so in order to improve the substance of proposed rule(s) by drawing upon 27 shared information, knowledge, expertise and technical abilities possessed by 28 interested persons, and to expedite formal rulemaking. 29 (3) To facilitate the achievement of the purposes of this section, agen- 30 cies shall, at a minimum: 31 (a) Provide a reasonable period of time for interested persons to respond 32 to the notice of intent to promulgate rules and to notify the agency that 33 they will participate in negotiated rulemaking; 34 (b) Convene public meetings of interested persons; 35 (c) Make available to persons attending the meetings all public records, 36 as defined in section 9-337, Idaho Code, that are considered by the agency 37 in connection with the formulation of the proposed rule, and that are not 38 exempt from disclosure pursuant to chapter 3, title 9, Idaho Code; 39 (d) Consider the written recommendations of interested persons concerning 40 the subject of the proposed rule; 41 (e) Provide parties participating in the negotiated rulemaking process a 42 written summary of such written recommendations, and written explanations 43 of the agency's acceptance or rejection of such recommendations. If formal 2 1 rulemaking is initiated by an agency after negotiated rulemaking, the 2 agency shall reference such recommendations and explanations in its public 3 notices and make them available to the public upon request; and 4 (f) Establish, maintain and update at least monthly the negotiated rule- 5 making schedule and a list and posting of written comments and other docu- 6 ments and information pertinent to the proposed rule on the agency's 7 website, or a website that is connected to, or may be accessed from, the 8 agency's website. 9 (4) Publication of a notice of intent to promulgate a rule and negotiated 10 rulemaking is not required when negotiated rulemaking is not feasible includ- 11 ing, but not limited to, when the agency has no discretion as to the substan- 12 tive content of a proposed rule because the proposed rule is intended solely 13 to comply: 14 (a) With a controlling judicial decision or court order; or 15 (b) With the provisions of a statute or a federal regulation that has 16 been amended since the adoption of the agency rule. 17 SECTION 2. That Section 67-5221, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 67-5221. PUBLIC NOTICE OF PROPOSED RULEMAKING. (1) Prior to the adoption, 20 amendment, or repeal of a rule, the agency shall publish notice of proposed 21 rulemaking in the bulletin. The notice of proposed rulemaking shall include: 22 (a)tThe specific statutory authority for the rulemaking including a 23 citation to the specific section of the Idaho Code that has occasioned the 24 rulemaking, or the federal statute or regulation if that is the basis of 25 authority or requirement for the rulemaking; 26 (b)aA statement in nontechnical language of the substance of the pro- 27 posed rule, including a specific description of any fee or charge imposed 28 or increased; 29 (c)aA specific description, if applicable, of any negative fiscal impact 30 on the state general fund greater than ten thousand dollars ($10,000) dur- 31 ing the fiscal year when the pending rule will become effective; provided, 32 however, that notwithstanding section 67-5231, Idaho Code, the absence or 33 accuracy of a fiscal impact statement provided pursuant to this subsection 34 shall not affect the validity or the enforceability of the rule; 35 (d)tThe text of the proposed rule prepared in legislative format; 36 (e)tThe location, date, and time of any public hearings the agency 37 intends to hold on the proposed rule; 38 (f)tThe manner in which persons may make written comments on the pro- 39 posed rule, including the name and address of a person in the agency to 40 whom comments on the proposal may be sent; 41 (g)tThe manner in which persons may request an opportunity for an oral 42 presentation as provided in section 67-5222, Idaho Code; and 43 (h) the deadline for public comments on the proposed rule. 44 (2) (a) Coinciding with each issue of the bulletin, the coordinator shall 45 cause the publication of an abbreviated notice with a brief description of 46 the subject matter, showing any agency's intent to propose a new or 47 changed rule that is a new addition to that issue of the bulletin. The 48 form of the notice shall be substantially as follows: typefaces used shall 49 measure greater than seven (7) points, and space width shall not be less 50 than two (2) newspaper columns. The content of the notice shall be sub- 51 stantially as follows: 52 A prominent bold typeface heading designed to alert readers to the 53 rules and information contained in the notice. The notice shall include 3 1 the agency name and address, rule number, rule subject matter as provided 2 in paragraph (1)(b) of this section, and the comment deadline. A brief 3 statement in a prominent bold typeface that informs citizens where they 4 can view the administrative bulletin in hard copy or electronic form shall 5 be included. 6 (b) The coordinator shall cause the notice required in paragraph (a) of 7 this subsection to be published in at least the accepting newspaper of 8 largest paid circulation that is published in each county in Idaho or, if 9 no newspaper is published in the county, then in an accepting newspaper of 10 largest paid circulation published in Idaho and circulated in the county. 11 The newspaper of largest circulation shall be established by the sworn 12 statement of average annual paid weekday issue circulation that has been 13 filed by a newspaper with the United States post office for the calendar 14 year immediately preceding the calendar year during which the advertise- 15 ment in this section is required to be published. The coordinator is 16 authorized to negotiate a rate or rates with any or all newspapers pub- 17 lishing these notices which will provide adequate exposure to the notices 18 by the least expensive means. For the purposes of this section, the provi- 19 sions of section 60-105, Idaho Code, shall not apply. 20 (c) Each agency that has a website shall cause the notice required in 21 paragraph (a) of this subsection to be placed onto or accessible from the 22 homepage of the agency's website so that interested parties can view it 23 online. 24 SECTION 3. An emergency existing therefor, which emergency is hereby 25 declared to exist, this act shall be in full force and effect on and after its 26 passage and approval.
STATEMENT OF PURPOSE
RS 17733
Negotiated rulemaking is a critically important step for state agencies
to take in developing rules based on consensus and the best information
and expertise available to the private and public sectors. This
legislation strengthens the legislature s statement of support for
negotiated rulemaking by clarifying its purposes and providing minimum
procedures. The legislation provides a better foundation for negotiated
rulemaking than current administrative rules adopted by the attorney
general in IDAPA 04.11.01 800-819 by requiring agencies to: publish
notice of negotiated rulemaking on their websites; convene meetings of
interested persons for the purpose of negotiation; make agency
information concerning the proposed rule available to participants in
the negotiated rulemaking process; consider and respond to
recommendations of participants in the negotiated rulemaking process,
and make those recommendations and agency responses part of the agency
record available to the public in any subsequent formal rulemaking. In
2005, the legislature incorporated similar provisions to secure public
participation in the development of total maximum daily loads (TMDLs)
through House Bill No. 145, amending Idaho Code Section 39-3611.
FISCAL NOTE
Potential increased agency costs in posting website notice, conducting
meetings, and responding to the recommendations of interested parties
will be offset by corresponding savings in formal rulemaking
proceedings on proposed rules that have an improved technical basis,
increased consensus, and for which issues have been resolved or more
clearly identified through negotiation.
Contact
Roger Batt
Phone: (208) 888-0988
Daniel Steenson
Phone: (208) 342-4591
Lawerence Denney, Speaker of the House
Phone: (208) 332-1111
Mike Moyle, Majority Leader
Phone: (208) 332-1120
STATEMENT OF PURPOSE/FISCAL NOTE H 459