id-34-0301-2501: Rules Implementing the Sunshine Law

Dear Senators GUTHRIE, Bernt, Ruchti, and Representatives CRANE, Scott, Achilles: The Legislative Services Office, Research and Legislation, has received the enclosed rules of the Secretary of State: IDAPA 34.03.01 - Rules Implementing the Sunshine Law-Proposed Rule (Docket No. 34-0301-2501). Pursuant to Section 67-454, Idaho Code, a meeting on the enclosed rules may be called by the cochairmen or by two (2) or more members of the subcommittee giving oral or written notice to Research and Legislation no later than fourteen (14) days after receipt of the rules' analysis from Legislative Services. The final date to call a meeting on the enclosed rules is no later than 06/23/2025. If a meeting is called, the subcommittee must hold the meeting within forty-two (42) days of receipt of the rules' analysis from Legislative Services. The final date to hold a meeting on the enclosed rules is 07/21/2025. The germane joint subcommittee may request a statement of economic impact with respect to a proposed rule by notifying Research and Legislation. There is no time limit on requesting this statement, and it may be requested whether or not a meeting on the proposed rule is called or after a meeting has been held. To notify Research and Legislation, call 334-4854, or send a written request to the address on the memorandum attached below. Page 1 of 1 Terri Kondeff Director MEMORANDUM TO: Rules Review Subcommittee of the Senate State Affairs Committee and the House State Affairs Committee FROM: Principal Legislative Drafting Attorney - Ryan Bush DATE: June 5, 2025 SUBJECT: Secretary of State IDAPA 34.03.01 - Rules Implementing the Sunshine Law-Proposed Rule (Docket No. 34-0301-2501) Summary and Stated Reasons for the Rule The Secretary of State submits notice of proposed rulemaking at IDAPA 34.03.01 - Rules Implementing the Sunshine Law. The proposed rule removes provisions regarding forms and registration requirements for lobbyists following the repeal of corresponding provisions in Idaho Code via House Bill 398 (2025). Negotiated Rulemaking / Fiscal Impact The Secretary states that negotiated rulemaking was not conducted because the rule is being proposed in order to conform with enacted legislation. There is no fiscal impact anticipated with this rulemaking. Statutory Authority The proposed rulemaking appears to be within the statutory authority granted to the Secretary in Section 67-903, Idaho Code cc: Secretary of State Rob McQuade *** PLEASE NOTE *** Per the Idaho Constitution, all administrative rules may be reviewed by the Legislature during the next legisla- tive session. The Legislature has 3 options with this rulemaking docket: 1) Approve the docket in its entirety; 2) Reject the docket in its entirety; or 3) Reject the docket in part. Paul Headlee, Deputy DirectMatt Drake, Manager Keith Bybee, ManagerApril Renfro, Manager Norma Clark, Manager Legislative Services OffResearch & Legislation Budget & Policy AnalysLegislative AuditsInformation Technology Statehouse, P.O. Box 83720 Tel: 208–334–2475 Boise, Idaho 83720–0054 legislature.idaho.gov IDAPA 34 – SECRETARY OF STATE 34.03.01 – RULES IMPLEMENTING THE SUNSHINE LAW DOCKET NO. 34-0301-2501 NOTICE OF RULEMAKING – PROPOSED RULE AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has initiated proposed rulemaking procedures. The action is authorized pursuant to Section 67-223(2)(f) Idaho Code. PUBLIC HEARING SCHEDULE: Public hearing(s) concerning this rulemaking will be scheduled if requested in writing by twenty-five (25) persons, a political subdivision, or an agency, not later than June 18, 2025. The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation must be made not later than five (5) days prior to the hearing, to the agency address below. DESCRIPTIVE SUMMARY: The following is a nontechnical explanation of the substance and purpose of the proposed rulemaking: this rulemaking proposes to remove rules related to lobbyists following the passage of House Bill 398. The underlying code requiring annual reporting, Section 67-6619, was repealed. The registration form and fee, as well as the requirements for monthly reporting, were codified in the new Chapter 7, Title 74, Idaho Code. FEE SUMMARY: The following is a specific description of the fee or charge imposed or increased: N/A. FISCAL IMPACT: The following is a specific description, if applicable, of any negative fiscal impact on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year resulting from this rulemaking: N/A. NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(2), Idaho Code, negotiated rulemaking was not conducted because House Bill 398 from the 2025 Legislative Session repealed the annual reporting requirement and codified in a new Chapter 7, Title 74, Idaho Code, the registration form and fee, as well as the monthly reporting requirements. INCORPORATION BY REFERENCE: Pursuant to Section 67-5229(2)(a), Idaho Code, the following is a brief synopsis of why the materials cited are being incorporated by reference into this rule: N/A. ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning the proposed rule, contact Robert McQuade at (208) 334-2300. Anyone may submit written comments regarding this proposed rulemaking. All written comments must be directed to the undersigned and must be delivered on or before June 25, 2025. DATED this 2nd day of May, 2025. Robert H. McQuade, Jr. Assistant Chief Deputy Idaho Secretary of State’s Office 700 W. Jefferson St., Room E205 Boise, ID 83702 P.O. Box 83720 Boise, ID 83720-0080 (208) 334-2852 IdahoAdministrative Bulletin Page 352 June 4, 2025 – Vol. 25-6 SECRETARY OF STATE Docket No. 34-0301-2501 Rules Implementing the Sunshine Law Proposed Rulemaking THE FOLLOWING IS THE PROPOSED TEXT OF DOCKET NO. 34-0301-2501 (Only Those Sections With Amendments Are Shown.) 34.03.01 – RULES IMPLEMENTING THE SUNSHINE LAW 000. LEGALAUTHORITY. This chapter is promulgated pursuant to Chapter 66, Title 67, Idaho Code, specifically Sections 67-6603, 67-6607, 67-6608, 67-6610, 67-6611, 67-6612, 67-6614A, 67-6619, 67-6623, Idaho Code. (3-31-22)( ) (BREAK IN CONTINUITY OF SECTIONS) 011. FORMS.