H 197 — ADMINISTRATIVE RULES – Amends, repeals, and adds to existing law to revise provisions regarding the legislative review of administrative rules.

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The bill amends several sections of Idaho Code related to administrative rules, including stakeholder participation in rulemaking, procedural requirements, and the review process by the legislature.

• 67-5201

  "Adopt" means that an agency has, under the regular rulemaking process, promulgated a temporary rule, a new rule chapter, or an amendment or repeal of a final rule that will be submitted for review by the legislature as either a temporary rule or a pending rule. → "Adopt" means that an agency has, under the regular rulemaking process, promulgated a temporary rule, a new rule chapter, or an amendment or repeal of a final rule that will be submitted for review by the legislature as either a temporary rule or a pending rule.

  Clarifies the definition of 'adopt' in the context of rulemaking.

• 67-5201

  "Final rule" means a rule that has been adopted by an agency under the regular rulemaking process and is in effect rule that has been approved by the legislature and is in effect . → "Final rule" means a rule that has been adopted by an agency under the regular rulemaking process and is in effect.

  Streamlines the definition of 'final rule' by removing redundant phrasing.

• 67-5222

  The agency shall receive comments for not less than twenty-one (21) days after the date of publication of the notice of proposed rulemaking in the bulletin. → The agency shall receive comments for not less than twenty-one (21) days after the date of publication of the notice of proposed rulemaking in the bulletin.

  Establishes a minimum comment period for proposed rulemaking.

• 67-5224

  and a statement that the pending rule may be rejected must be approved by concurrent resolution of the legislature; → and a statement that the pending rule may be rejected;

  Removes the requirement that rejection of a pending rule must be approved by a concurrent resolution of the legislature.

• 67-5226

  and to remove a provision regarding temporary rules; → to revise provisions regarding temporary rules;

  Clarifies the sections regarding temporary rules without the removal of significant provisions.

• 67-5291

  To provide for legislative review of rules;

  Establishes a new section that outlines the legislative review process for administrative rules.

• 67-5292

  "Pending rule" means a rule that has been adopted by an agency under the regular rulemaking process and remains subject to legislative review proposed rule that an agency has adopted under the regular rulemaking process but remains subject to legislative review, is not a final rule, and is not in effect . → "Pending rule" means a rule that has been adopted by an agency under the regular rulemaking process and remains subject to legislative review.

  Clarifies the definition of 'pending rule' by streamlining and eliminating redundant text.

• 20-212

  a code reference → and to make technical corrections;

  Removes outdated references and updates the statutory language.

Action History

1. March 02, 2023

   U.C. to be returned to State Affairs Committee

2. March 01, 2023

   Read second time; Filed for Third Reading

3. February 28, 2023

   Reported out of Committee with Do Pass Recommendation, Filed for Second Reading

4. February 24, 2023

   Reported Printed and Referred to State Affairs

5. February 23, 2023

   Introduced, read first time, referred to JRA for Printing

Sponsors

• STATE AFFAIRS COMMITTEE · Primary

Subjects