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S1434......................................................by STATE AFFAIRS
ADMINISTRATIVE RULES - Amends existing law to provide that the office of
the Administrative Rules Coordinator shall have the authority to make
clerical revisions or to correct manifest typographical or grammatical
errors to both proposed and existing rules under certain circumstances; and
to allow the Rules Coordinator to make technical corrections and then
submit proposed rules and accompanying notice to the director of
Legislative Services for review.
02/19 Senate intro - 1st rdg - to printing
02/20 Rpt prt - to St Aff
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Davis
Floor Sponsor - President Pro Tempore Geddes
Title apvd - to House
03/07 House intro - 1st rdg - to St Aff
03/10 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Labrador,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27),
Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Crane, Kren, Lake
Floor Sponsor - Moyle
Title apvd - to Senate
03/13 To enrol - Rpt enrol - Pres signed
03/14 Sp signed
03/17 To Governor
03/18 Governor signed
Session Law Chapter 183
Effective: 03/18/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1434 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ADMINISTRATIVE RULES; AMENDING SECTION 67-5202, IDAHO CODE, TO 3 PROVIDE THAT THE OFFICE OF THE ADMINISTRATIVE RULES COORDINATOR SHALL HAVE 4 THE AUTHORITY TO MAKE CLERICAL REVISIONS OR TO CORRECT MANIFEST TYPOGRAPH- 5 ICAL OR GRAMMATICAL ERRORS TO BOTH PROPOSED AND EXISTING RULES UNDER CER- 6 TAIN CIRCUMSTANCES AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 7 67-5223, IDAHO CODE, TO ALLOW THE RULES COORDINATOR TO MAKE TECHNICAL 8 CORRECTIONS AND THEN SUBMIT PROPOSED RULES AND ACCOMPANYING NOTICE TO THE 9 DIRECTOR OF LEGISLATIVE SERVICES FOR REVIEW; AND DECLARING AN EMERGENCY. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 67-5202, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 67-5202. OFFICE OF ADMINISTRATIVE RULES COORDINATOR. (1) There is hereby 14 established the office of administrative rules coordinator in the department 15 of administration. The coordinator shall be a nonclassified employee and shall 16 be appointed by and serve at the pleasure of the director of the department of 17 administration. All other employees of the office of administrative rules 18 employed on July 1, 1996, shall be classified employees, but upon their termi- 19 nation their positions and any positions vacant upon July 1, 1996, shall be 20 nonclassified positions and any persons employed to fill positions in the 21 office of administrative rules thereafter shall be exempt from the provisions 22 of chapter 53, title 67, Idaho Code. 23 (2) The coordinator shall have the authority to make clerical revisions 24 or to correct manifest typographical or grammatical errors to both proposed 25 and existing rules that do not alter the sense, meaning or effect of such 26 rules. 27 (3) The coordinator shall receive all notices and rules required in this 28 chapter to be published in the bulletin or the administrative code. The coor- 29 dinator shall prescribe a uniform style, form, and numbering system which 30 shall apply to all rules adopted by all agencies. The coordinator shall review 31 all submitted rules for style, form, and numbering, and may return a rule that 32 is not in proper style, form, or number. 33 SECTION 2. That Section 67-5223, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 67-5223. INTERIM LEGISLATIVE REVIEW -- STATEMENT OF ECONOMIC IMPACT. (1) 36At the same time thatAfter notice of proposed rulemaking is filed with the 37 coordinator, theagencycoordinator, after making technical corrections as 38 authorized in section 67-5202, Idaho Code, shall provide thesamenotice, 39 accompanied by the full text of the rule under consideration in legislative 40 format, as well as a statement of the substance of the intended action, to the 41 director of legislative services. If the proposed rulemaking is based upon a 2 1 requirement of federal law or regulation, a copy of that specific federal law 2 or regulation shall accompany the submission to the director of legislative 3 services. The director of legislative services shall analyze and refer the 4 material under consideration to the germane joint subcommittee created in sec- 5 tion 67-454, Idaho Code. 6 (2) An agency shall prepare and deliver to the germane joint subcommittee 7 a statement of economic impact with respect to a proposed rule if the germane 8 joint subcommittee files a written request with the agency for such a state- 9 ment. The statement shall contain an evaluation of the costs and benefits of 10 the rule, including any health, safety, or welfare costs and benefits. The 11 adequacy of the contents of the statement of economic impact is not subject to 12 judicial review. 13 SECTION 3. An emergency existing therefor, which emergency is hereby 14 declared to exist, this act shall be in full force and effect on and after its 15 passage and approval.
STATEMENT OF PURPOSE
RS 17850
This proposed legislation simply allows the State Administrative
Rules Coordinator to make clerical revisions, and correct
typographical or grammatical errors to proposed rules prior to
sending a copy to the Legislative Services Office.
Currently, the Administrative Rules Office and the Legislative
Services Office receive these original rules proposals from state
agencies simultaneously. LSO analysts then review these rules and
send them out to Legislators. Often times the Administrative Rules
Coordinator will make corrections to these proposals prior to their
being published in the Administrative Bulletin, resulting in
slightly differing versions being out there for review by
Legislators, which in turn can create some confusion in the review
process.
This small change will result in one "cleaned up" version of
proposed rules going out to Legislators and being published in the
Administrative Rules Bulletin. Legislator's looking at the rules
review analysis from the Legislative Services Office will have an
up to date work product, consistent with the language published in
the Administrative Bulletin.
FISCAL NOTE
No fiscal impact other than perhaps saving some costs for the
Legislative Services Office in mailing and handling.
Contact
Name: Robert L. Geddes, President Pro tem
Lawerence Denney, Speaker of the House
Bart Davis, Senate Majority Leader
Clint Stennett, Senate Minority Leader
Mike Moyle, House Majority Leader
Wendy Jaquet, House Minority Leader
Phone: (208)334-2475
STATEMENT OF PURPOSE/FISCAL NOTE S 1434