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LEGISLATURE OF THE STATE OF IDAHO Sixty-fifth Legislature First Regular Session - 2019 Moved by Moyle Seconded by Monks(22) IN THE SENATEHOUSE SENATEOF BILLREPRESENTATIVES NO.HOUSE AMENDMENT TO S.B.
1205NO. BY JUDICIARY AND RULES COMMITTEE AN ACT RELATING TO ADMINISTRATIVE RULES;
CONTINUING1205 CERTAINAMENDMENT RULESTO INTHE FULLBILL FORCEOn ANDpage EFFECT2 UNTILof JULYthe 1,printed 2020;bill, following line 7, insert:
CONTINUING"SECTION RULES6. APPROVED OR EXTENDED BY ADOPTION OF A CONCURRENT RESOLUTION OF THE FIRST REGULAR SESSION OF THE SIXTY-FIFTH IDAHO LEGISLATURE IN FULL FORCE AND EFFECT UNTIL JULY 1, 2020, OR UNTIL SUCH TIME AS THEY SHALL EXPIRE;
PROVIDINGLEGISLATIVE THATINTENT. RULES RE- JECTED BY CONCURRENT RESOLUTION SHALL BE NULL, VOID, AND OF NO FORCE AND EFFECT;
AUTHORIZINGIt AGENCIESis TOthe AMENDintent ORof REPEALthe CERTAINLegislature RULESthat PURSUANTall TOpending THEadministrative ADMINISTRATIVErules PROCEDUREmust ACT,be ANDaffirmatively DECLARINGapproved THEby EFFECTboth OFthe THISHouse ACTof UPONRepresentatives ADMINISTRATIVEand RULES;the Senate via a concurrent resolution and that inaction by either body shall not cause a pending rule to become effec- tive.
ANDSECTION PROVIDING7. SEVERABILITY.
BeThat ItSection Enacted67-5224, byIdaho theCode, Legislaturebe, ofand the Statesame ofis Idaho:hereby amended to read as follows:
SECTION67-5224. 1.
ExceptPENDING asRULE provided-- inFINAL SectionsRULE 2,-- 3,EFFECTIVE andDATE. 4 of this act, every rule, as that term is defined in Section 67-5201, Idaho Code, that would ex- pire on July 1, 2019, pursuant to the provisions of subsections (1) and (2) of Section 67-5292, Idaho Code, shall continue in full force and effect until July 1, 2020, at which time they shall expire as provided in Section 67-5292, Idaho Code.
SECTION(1) 2.Prior to the adoption, amendment, or repeal of a rule, the agency shall consider fully all written and oral submissions respecting the proposed rule.
All(2) rules,Subject asto thatthe termprovisions isof definedsubsection in(3) Sectionof 67-5201,this Idahosection, Code,the whichagency haveshall beenpublish affirmatively approved or extended by the adoptiontext of a Concurrentpending Resolutionrule by both the Senate and thea Housenotice of Representativesadoption in the First Regular Session of the Sixty-fifthpending Idahorule Legislature shall con- tinue in full force and effect in such approved or extended language until July 1, 2020, at which time they shall expire as provided in Section 67-5292, Idaho Code, or until such earlier time as provided in the rulebulletin. or as otherwise provided by statute, unless further extended by statute.
SECTIONThe 3.notice of adoption of the pending rule shall consist of a concise explanatory statement containing:
All(a) rules,Reasons asfor thatadopting term is defined in Section 67-5201, Idaho Code, which have been rejected by the adoptionrule; of a Concurrent Resolution by both the Senate and the House of Representatives in the First Regular Session of the Sixty-fifth Idaho Legislature shall be null, void, and of no force and effect as provided in Section 67-5291, Idaho Code.
SECTION(b) 4.A statement of any change between the text of the proposed rule and the text of the pending rule with an explanation of the reasons for any changes;
Nothing(c) containedThe indate thison act shall be deemed to prohibit an agency, as that term is defined in Section 67-5201, Idaho Code, from amend- ing or repealing rules which havethe beenpending continuedrule inwill fullbecome forcefinal and effecteffective, untilas Julyprovided 1,in 2020,subsection pursuant(5) toof Sectionsthis 1section, and 2a ofstatement thisthat act, according to the procedurespending containedrule inmay Chaptermust 52,be Titlerejected 67,approved Idahoby Code,concurrent andresolution subjectof to submission to the Legislaturelegislature; for approval.
Nothing(d) containedAn inidentification thisof actany shallportion endowof anythe administrativepending rule continuedimposing inor fullin- forcecreasing a fee or charge and effecta understatement that this actportion withof anythe morerule legalshall staturenot thanbecome thatfinal ofand anyeffective administrativeunless rule.affirmatively approved by concurrent resolution of the legislature;
Nothing(e) containedThe inspecific thisstatutory actauthority shallfor bethe deemedrulemaking toincluding be a legislativeci- ap-tation provalto ofthe anyspecific rulesection whoseof forcethe andIdaho effectCode has been extended by this act, and nothing contained herein shall constitute a legislative finding that anyhas ofoccasioned the rulesrulemaking, whoseor forcethe andfederal effectstatute haveor beenregulation extendedif hereunderthat areis consistent with the legislativebasis intent of theauthority statute(s)or pursuantrequirement tofor whichthe theyrulemaking; were promulgated.
SECTIONand 5.(f) Except as otherwise required in paragraph (g) of this subsection, a specific description, if applicable, of any negative fiscal impact on the state general fund greater than ten thousand dollars ($10,000) dur- ing the fiscal year when the pending rule will become effective;
Thepro- provisionsvided ofhowever, thisthat actnotwithstanding aresection hereby67-5231, declaredIdaho toCode, bethe sever-absence able,or andaccuracy if any provision of thisa actfiscal orimpact thestatement applicationprovided ofpursuant such provision to anythis personparagraph or circumstance is declared invalid for any reason, such declara- tion shall not affect the validity ofor the remainingenforceability portions of thisthe act.rule;
or (g) If a notice of proposed rulemaking of the Idaho state tax commis- sion, a specific description of any negative or positive fiscal impact greater than ten thousand dollars ($10,000) during the fiscal year when the pending rule will become effective;
provided however, notwith- standing section 67-5231, Idaho Code, the absence or accuracy of a fiscal impact statement provided pursuant to this paragraph shall not affect the validity or the enforceability of the rule.
(3) With the permission of the coordinator, the agency need not pub- lish in full the text of the pending rule if no significant changes have been made from the text of the proposed rule as published in the bulletin, but the notice of adoption of the pending rule must cite the volume of the bulletin where the text is available and note all changes that have been made.
(4) An agency shall not publish a pending rule until at least seven (7) days after the close of all public comment.
(5) (a) Except as set forth in sections 67-5226 and 67-5228, Idaho Code, a pending rule shall become final and effective upon the conclusion of the legislative session at which the rule was submitted to the legisla - ture for review, or as provided in the rule, but no pending rule adopted by an agency shall become final and effective before the conclusion of the regular or special legislative session at which the rule was sub - mitted for review.
A rule which is final and effective may be applied retroactively, as provided in the rule.
(b) When the legislature approves a pending rule pursuant to section 67-5291, Idaho Code, the rule shall become final and effective upon adoption of the concurrent resolution or such other date specified in the concurrent resolution.
(c) Except as set forth in sections 67-5226 and 67-5228, Idaho Code, no pending rule or portion thereof imposing a fee or charge of any kind shall become final and effective until it has been approved by a concur- rent resolution that originated in a standing committee of the house or senate that reviewed the rule .
(6) Each agency shall provide the administrative rules coordinator with a description of any pending rule or portion thereof imposing a new fee or charge or increasing an existing fee or charge, along with a citation of the specific statute authorizing the imposition or increase of the fee or charge.
The administrative rules coordinator shall provide the legislature with a compilation of the descriptions provided by the agencies.
(7) At the conclusion of the legislative session or as soon thereafter as is practicable, the coordinator shall publish the date upon which the legislature adjourned sine die and rules became effective and a list of final rules becoming effective on a different date, as provided in section 67-5224(5), Idaho Code, and temporary rules remaining in effect as provided in section 67-5226(3), Idaho Code.
SECTION 8.
That Section 67-5226, Idaho Code, be, and the same is hereby amended to read as follows:
67-5226.
TEMPORARY RULES.
(1) If the governor finds that:
(a) Protection of the public health, safety, or welfare;
or (b) Compliance with deadlines in amendments to governing law or federal programs;
or (c) Conferring a benefit;
requires a rule to become effective before it has been submitted to the leg- islature for review, the agency may proceed with such notice as is practi- cable and adopt a temporary rule, except as otherwise provided in section 67-5229(1)(d), Idaho Code.
The agency may make the temporary rule immedi- ately effective.
The agency shall incorporate the required finding and a concise statement of its supporting reasons in each rule adopted in reliance upon the provisions of this subsection.
(2) A rule adopted pursuant to subsection (1) of this section which that imposes a fee or charge may become effective under this section before it has been approved by concurrent resolution only if the governor finds that the fee or charge is necessary to avoid immediate danger which justifies the im- position of the fee or charge.
(3) In no case shall a rule adopted pursuant to this section remain in effect beyond the conclusion of the next succeeding regular session of the legislature unless the rule is approved by concurrent resolution that orig - inated in a standing committee of the house or senate that reviewed the rule , in which case the rule may remain in effect until the time specified in the resolution or until the rule has been replaced by a final rule which has be- come effective as provided in section 67-5224(5), Idaho Code.
(4) Temporary rules shall be published in the first available issue of the bulletin.
(5) Temporary rules are not subject to the requirements of section 67-5223, Idaho Code, provided that the administrative rules coordinator sends a copy of the temporary rules to the director of the legislative ser- vices office.
(6) Concurrently with the promulgation of a rule under this section, or as soon as reasonably possible thereafter, an agency shall commence the pro- mulgation of a proposed rule in accordance with the rulemaking requirements of this chapter, unless the temporary rule adopted by the agency will expire by its own terms or by operation of law before the proposed rule could become final.
SECTION 9.
That Section 67-5291, Idaho Code, be, and the same is hereby amended to read as follows:
67-5291.
LEGISLATIVE REVIEW OF RULES.
(1) The standing committees of the legislature may review temporary, pending and final rules which have been published in the bulletin or in the administrative code.
If reviewed, the standing committee which reviewed the rules shall report to the member- ship of the body its findings and recommendations concerning its review of the rules.
If ordered by the presiding officer, the report of the committee shall be printed in the journal.
A concurrent resolution may be adopted approving the rule, in whole or in part, or rejecting the and any rule not included in such concurrent resolution shall not be approved where it is determined that the rule, or part of the rule, is not consistent with the legislative intent of the statute that the rule was written to interpret, prescribe, implement or enforce, or where it is determined that any rule, or part of a rule, previously promulgated and reviewed by the legislature shall be deemed not to be consistent with the legislative intent of the statute the rule was written to interpret, prescribe, implement or enforce.
The rejec- tion of Failure to approve a rule, or part of a rule, by the legislature via concurrent resolution shall prevent the agency's intended action from re- maining in effect beyond the date of the legislative action.
It shall be the responsibility of the secretary of state to immediately notify the affected agency of the filing and effective date of any concurrent resolution enacted to approve or reject , in whole or in part, an agency rule and to transmit a copy of the concurrent resolution to the director of the agency for promulga- tion.
The agency shall be responsible for implementing legislative intent as expressed in the concurrent resolution, including, as appropriate, the reinstatement of the prior rule, if any, in the case of legislative rejection of failure to approve a new rule via concurrent resolution.
If a rule, or part of a rule, has not been rejected approved by the legislature, the agency shall publish notice of such rejection failure to approve in the bulletin.
Except as provided in section 67-5226, Idaho Code, with respect to temporary rules, every rule promulgated within the authority conferred by law, and in accordance with the provisions of chapter 52, title 67, Idaho Code, and made effective pursuant to section 67-5224(5), Idaho Code, shall remain in full force and effect until the same is rejected by concurrent resolution, or until it expires as provided in section 67-5292, Idaho Code, or by its own terms.
(2) For purposes of this section, "part of a rule" means a provision in a rule that is designated either numerically or alphabetically or the entirety of any new or amended language contained therein.".
CORRECTION TO TITLE On page 1, in line 10, delete "AND";
and also in line 10, following "SEVERABILITY" insert:
";
PROVIDING LEGISLATIVE INTENT;
AMENDING SECTION 67-5224, IDAHO CODE, TO REVISE PROVISIONS REGARDING PENDING RULES;
AMENDING SECTION 67-5226, IDAHO CODE, TO REVISE A PROVISION REGARDING TEMPORARY RULES AND TO MAKE TECHNICAL CORRECTIONS;
AND AMENDING SECTION 67-5291, IDAHO CODE, TO REVISE PROVISIONS REGARDING LEGISLATIVE REVIEW OF RULES".