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H0531aa....................................................by STATE AFFAIRS
ADMINISTRATIVE RULES - Amends existing law relating to administrative rules
to provide statutory procedures for negotiated rulemaking; and to provide
for an agency to post notice of rulemaking onto its website if the agency
has a website.
02/14 House intro - 1st rdg - to printing
02/15 Rpt prt - to St Aff
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/25 To Gen Ord
02/26 Rpt out amen - to engros
02/27 Rpt engros - 1st rdg - to 2nd rdg as amen
02/28 2nd rdg - to 3rd rdg as amen
02/29 3rd rdg as amen - PASSED - 54-12-4
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block,
Bolz, Bowers, Brackett, Bradford, Chadderdon, Chew, Clark, Collins,
Crane, Eskridge, Hagedorn, Hart, Harwood, Henderson, Killen, King,
Kren, Labrador, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Patrick, Pence, Raybould, Roberts,
Schaefer, Shepherd(08), Shirley, Shively, Smith(24),
Smith(30)(Stanek), Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander
Woude, Wood(27), Wood(35), Mr. Speaker
NAYS -- Bock, Boe, Chavez, Durst, Henbest, Jaquet, LeFavour,
Pasley-Stuart, Ringo, Ruchti, Rusche, Sayler
Absent and excused -- Black, Lake, Shepherd(02), Wills
Floor Sponsor - Moyle
Title apvd - to Senate
03/03 Senate intro - 1st rdg - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 531 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 publish in the bulletin a notice of intent to promulgate a rule. The 13 notice shall contain a brief, nontechnical statement of the subject matter to 14 be addressed in the proposed rulemaking, and shall include the purpose of the 15 rule, the statutory authority for the rulemaking, citation to a specific fed- 16 eral statute or regulation if that is the basis of authority or requirement 17 for the rulemaking, and the principal issues involved. If the agency deter- 18 mines that negotiated rulemaking is feasible, tThe notice shall also state 19 that interested persons have the opportunity to participate with the agency in 20 negotiated rulemaking as provided in this section, and shall identify an indi- 21 vidual to whomcomments onresponses to theproposalnotice may be sent. If 22 the agency determines that negotiated rulemaking is not feasible, it shall 23 explain in the notice why negotiated rulemaking is not feasible and shall pro- 24 ceed with formal rulemaking as provided in this chapter. Each agency that has 25 a website shall cause the notice of intent to promulgate rules to be placed 26 onto or accessible from the homepage of the agency's website. 27 (2) The notice of intent to promulgate a rule is intended to facilitate 28 negotiated rulemaking, a process in which all interestedpartiespersons and 29 the agency seek consensus on the content of a rule. Agenciesare encouraged to30 shall proceed through such informal rulemaking whenever it is feasible to do 31 so in order to improve the substance of proposed rules by drawing upon shared 32 information, knowledge, expertise and technical abilities possessed by inter- 33 ested persons, and to expedite formal rulemaking. 34 (3) To facilitate the achievement of the purposes of this section, agen- 35 cies shall, at a minimum: 36 (a) Provide a reasonable period of time for interested persons to respond 37 to the notice of intent to promulgate rules and to notify the agency that 38 they will participate in negotiated rulemaking; 39 (b) Convene public meetings of interested persons; 40 (c) Make available to persons attending the meetings all public records, 41 as defined in section 9-337, Idaho Code, that are considered by the agency 42 in connection with the formulation of the proposed rule, and that are not 43 exempt from disclosure pursuant to chapter 3, title 9, Idaho Code; 2 1 (d) Consider the written recommendations of interested persons concerning 2 the subject of the proposed rule; 3 (e) Prepare a written summary of such written recommendations, and writ- 4 ten explanations of the agency's acceptance or rejection of such recommen- 5 dations. Each agency that has a website shall cause the written summary 6 required by this subsection to be placed onto or accessible from the 7 homepage of the agency's website. If formal rulemaking is initiated by an 8 agency after negotiated rulemaking, the agency shall reference such recom- 9 mendations and explanations in its public notices and make them available 10 to the public upon request; and 11 (f) Establish, maintain and update at least monthly the negotiated rule- 12 making schedule and a list and posting of written comments and other docu- 13 ments and information pertinent to the proposed rule on the agency's 14 website, or a website that is connected to, or may be accessed from, the 15 agency's website. 16 (4) Negotiated rulemaking is not required when it is not feasible includ- 17 ing, but not limited to, when the agency has no discretion as to the substan- 18 tive content of a proposed rule because the substantive content of the pro- 19 posed rule is mandated by: 20 (a) A controlling judicial decision or court order; or 21 (b) The provisions of a statute or a federal rule that has been amended 22 since the adoption of the agency rule. 23 SECTION 2. That Section 67-5221, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 67-5221. PUBLIC NOTICE OF PROPOSED RULEMAKING. (1) Prior to the adoption, 26 amendment, or repeal of a rule, the agency shall publish notice of proposed 27 rulemaking in the bulletin. The notice of proposed rulemaking shall include: 28 (a)tThe specific statutory authority for the rulemaking including a 29 citation to the specific section of the Idaho Code that has occasioned the 30 rulemaking, or the federal statute or regulation if that is the basis of 31 authority or requirement for the rulemaking; 32 (b)aA statement in nontechnical language of the substance of the pro- 33 posed rule, including a specific description of any fee or charge imposed 34 or increased; 35 (c)aA specific description, if applicable, of any negative fiscal impact 36 on the state general fund greater than ten thousand dollars ($10,000) dur- 37 ing the fiscal year when the pending rule will become effective; provided, 38 however, that notwithstanding section 67-5231, Idaho Code, the absence or 39 accuracy of a fiscal impact statement provided pursuant to this subsection 40 shall not affect the validity or the enforceability of the rule; 41 (d)tThe text of the proposed rule prepared in legislative format; 42 (e)tThe location, date, and time of any public hearings the agency 43 intends to hold on the proposed rule; 44 (f)tThe manner in which persons may make written comments on the pro- 45 posed rule, including the name and address of a person in the agency to 46 whom comments on the proposal may be sent; 47 (g)tThe manner in which persons may request an opportunity for an oral 48 presentation as provided in section 67-5222, Idaho Code; and 49 (h)tThe deadline for public comments on the proposed rule. 50 (2) (a) Coinciding with each issue of the bulletin, the coordinator shall 51 cause the publication of an abbreviated notice with a brief description of 52 the subject matter, showing any agency's intent to propose a new or 53 changed rule that is a new addition to that issue of the bulletin. The 3 1 form of the notice shall be substantially as follows: typefaces used shall 2 measure greater than seven (7) points, and space width shall not be less 3 than two (2) newspaper columns. The content of the notice shall be sub- 4 stantially as follows: 5 A prominent bold typeface heading designed to alert readers to the 6 rules and information contained in the notice. The notice shall include 7 the agency name and address, rule number, rule subject matter as provided 8 in paragraph (1)(b) of this section, and the comment deadline. A brief 9 statement in a prominent bold typeface that informs citizens where they 10 can view the administrative bulletin in hard copy or electronic form shall 11 be included. 12 (b) The coordinator shall cause the notice required in paragraph (a) of 13 this subsection to be published in at least the accepting newspaper of 14 largest paid circulation that is published in each county in Idaho or, if 15 no newspaper is published in the county, then in an accepting newspaper of 16 largest paid circulation published in Idaho and circulated in the county. 17 The newspaper of largest circulation shall be established by the sworn 18 statement of average annual paid weekday issue circulation that has been 19 filed by a newspaper with the United States post office for the calendar 20 year immediately preceding the calendar year during which the advertise- 21 ment in this section is required to be published. The coordinator is 22 authorized to negotiate a rate or rates with any or all newspapers pub- 23 lishing these notices which will provide adequate exposure to the notices 24 by the least expensive means. For the purposes of this section, the provi- 25 sions of section 60-105, Idaho Code, shall not apply. 26 (c) Each agency that has a website shall cause the notice required in 27 paragraph (a) of this subsection to be placed onto or accessible from the 28 homepage of the agency's website so that interested parties can view it 29 online. 30 SECTION 3. An emergency existing therefor, which emergency is hereby 31 declared to exist, this act shall be in full force and effect on and after its 32 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Stevenson Seconded by Moyle IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 531 1 AMENDMENT TO SECTION 1 2 On page 2 of the printed bill, in line 1, delete "written"; and in line 3, 3 delete "such".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 531, As Amended 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 publish in the bulletin a notice of intent to promulgate a rule. The 13 notice shall contain a brief, nontechnical statement of the subject matter to 14 be addressed in the proposed rulemaking, and shall include the purpose of the 15 rule, the statutory authority for the rulemaking, citation to a specific fed- 16 eral statute or regulation if that is the basis of authority or requirement 17 for the rulemaking, and the principal issues involved. If the agency deter- 18 mines that negotiated rulemaking is feasible, tThe notice shall also state 19 that interested persons have the opportunity to participate with the agency in 20 negotiated rulemaking as provided in this section, and shall identify an indi- 21 vidual to whomcomments onresponses to theproposalnotice may be sent. If 22 the agency determines that negotiated rulemaking is not feasible, it shall 23 explain in the notice why negotiated rulemaking is not feasible and shall pro- 24 ceed with formal rulemaking as provided in this chapter. Each agency that has 25 a website shall cause the notice of intent to promulgate rules to be placed 26 onto or accessible from the homepage of the agency's website. 27 (2) The notice of intent to promulgate a rule is intended to facilitate 28 negotiated rulemaking, a process in which all interestedpartiespersons and 29 the agency seek consensus on the content of a rule. Agenciesare encouraged to30 shall proceed through such informal rulemaking whenever it is feasible to do 31 so in order to improve the substance of proposed rules by drawing upon shared 32 information, knowledge, expertise and technical abilities possessed by inter- 33 ested persons, and to expedite formal rulemaking. 34 (3) To facilitate the achievement of the purposes of this section, agen- 35 cies shall, at a minimum: 36 (a) Provide a reasonable period of time for interested persons to respond 37 to the notice of intent to promulgate rules and to notify the agency that 38 they will participate in negotiated rulemaking; 39 (b) Convene public meetings of interested persons; 40 (c) Make available to persons attending the meetings all public records, 41 as defined in section 9-337, Idaho Code, that are considered by the agency 42 in connection with the formulation of the proposed rule, and that are not 43 exempt from disclosure pursuant to chapter 3, title 9, Idaho Code; 2 1 (d) Consider the recommendations of interested persons concerning the 2 subject of the proposed rule; 3 (e) Prepare a written summary of written recommendations, and written 4 explanations of the agency's acceptance or rejection of such recommenda- 5 tions. Each agency that has a website shall cause the written summary 6 required by this subsection to be placed onto or accessible from the 7 homepage of the agency's website. If formal rulemaking is initiated by an 8 agency after negotiated rulemaking, the agency shall reference such recom- 9 mendations and explanations in its public notices and make them available 10 to the public upon request; and 11 (f) Establish, maintain and update at least monthly the negotiated rule- 12 making schedule and a list and posting of written comments and other docu- 13 ments and information pertinent to the proposed rule on the agency's 14 website, or a website that is connected to, or may be accessed from, the 15 agency's website. 16 (4) Negotiated rulemaking is not required when it is not feasible includ- 17 ing, but not limited to, when the agency has no discretion as to the substan- 18 tive content of a proposed rule because the substantive content of the pro- 19 posed rule is mandated by: 20 (a) A controlling judicial decision or court order; or 21 (b) The provisions of a statute or a federal rule that has been amended 22 since the adoption of the agency rule. 23 SECTION 2. That Section 67-5221, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 67-5221. PUBLIC NOTICE OF PROPOSED RULEMAKING. (1) Prior to the adoption, 26 amendment, or repeal of a rule, the agency shall publish notice of proposed 27 rulemaking in the bulletin. The notice of proposed rulemaking shall include: 28 (a)tThe specific statutory authority for the rulemaking including a 29 citation to the specific section of the Idaho Code that has occasioned the 30 rulemaking, or the federal statute or regulation if that is the basis of 31 authority or requirement for the rulemaking; 32 (b)aA statement in nontechnical language of the substance of the pro- 33 posed rule, including a specific description of any fee or charge imposed 34 or increased; 35 (c)aA specific description, if applicable, of any negative fiscal impact 36 on the state general fund greater than ten thousand dollars ($10,000) dur- 37 ing the fiscal year when the pending rule will become effective; provided, 38 however, that notwithstanding section 67-5231, Idaho Code, the absence or 39 accuracy of a fiscal impact statement provided pursuant to this subsection 40 shall not affect the validity or the enforceability of the rule; 41 (d)tThe text of the proposed rule prepared in legislative format; 42 (e)tThe location, date, and time of any public hearings the agency 43 intends to hold on the proposed rule; 44 (f)tThe manner in which persons may make written comments on the pro- 45 posed rule, including the name and address of a person in the agency to 46 whom comments on the proposal may be sent; 47 (g)tThe manner in which persons may request an opportunity for an oral 48 presentation as provided in section 67-5222, Idaho Code; and 49 (h)tThe deadline for public comments on the proposed rule. 50 (2) (a) Coinciding with each issue of the bulletin, the coordinator shall 51 cause the publication of an abbreviated notice with a brief description of 52 the subject matter, showing any agency's intent to propose a new or 53 changed rule that is a new addition to that issue of the bulletin. The 3 1 form of the notice shall be substantially as follows: typefaces used shall 2 measure greater than seven (7) points, and space width shall not be less 3 than two (2) newspaper columns. The content of the notice shall be sub- 4 stantially as follows: 5 A prominent bold typeface heading designed to alert readers to the 6 rules and information contained in the notice. The notice shall include 7 the agency name and address, rule number, rule subject matter as provided 8 in paragraph (1)(b) of this section, and the comment deadline. A brief 9 statement in a prominent bold typeface that informs citizens where they 10 can view the administrative bulletin in hard copy or electronic form shall 11 be included. 12 (b) The coordinator shall cause the notice required in paragraph (a) of 13 this subsection to be published in at least the accepting newspaper of 14 largest paid circulation that is published in each county in Idaho or, if 15 no newspaper is published in the county, then in an accepting newspaper of 16 largest paid circulation published in Idaho and circulated in the county. 17 The newspaper of largest circulation shall be established by the sworn 18 statement of average annual paid weekday issue circulation that has been 19 filed by a newspaper with the United States post office for the calendar 20 year immediately preceding the calendar year during which the advertise- 21 ment in this section is required to be published. The coordinator is 22 authorized to negotiate a rate or rates with any or all newspapers pub- 23 lishing these notices which will provide adequate exposure to the notices 24 by the least expensive means. For the purposes of this section, the provi- 25 sions of section 60-105, Idaho Code, shall not apply. 26 (c) Each agency that has a website shall cause the notice required in 27 paragraph (a) of this subsection to be placed onto or accessible from the 28 homepage of the agency's website so that interested parties can view it 29 online. 30 SECTION 3. An emergency existing therefor, which emergency is hereby 31 declared to exist, this act shall be in full force and effect on and after its 32 passage and approval.
STATEMENT OF PURPOSE
RS 17912
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 531