Amends existing law to remove provisions regarding legislative review of rules and to revise provisions regarding legislative review of rules.
Summary
House Bill 223 revises Idaho’s Administrative Procedure Act provisions governing legislative review of agency rules. The bill amends Section 67-5291 to streamline and clarify how standing committees and the full Legislature review temporary, pending, and final rules, including rules that are approved or rejected by concurrent resolution. It preserves the Legislature’s authority to approve or reject rules, but updates the language on how rejections are documented, how partial rejections are handled, and how agencies must respond when a rule or part of a rule is rejected.
The bill also specifies the consequences for rules that are not approved, including expiration timelines for temporary rules, pending fee rules, and pending non-fee rules, and it clarifies when approved pending fee and non-fee rules become effective. It includes a provision preventing agencies from reissuing substantially similar rules after rejection unless they conform to legislative intent as stated in the concurrent resolution. The act is declared an emergency, meaning it takes effect immediately upon passage and approval.
Impact
This bill affects Idaho Code section 67-5291 and the broader administrative rulemaking process by refining legislative oversight of agency rules. It does not create a new regulatory program, but it changes the procedures and timing for approval, rejection, expiration, and implementation of administrative rules, including the responsibilities of the secretary of state and affected agencies after legislative action. Agencies may need to adjust rulemaking practices to comply with the revised review and rejection framework, and the Legislature retains a strong role in controlling the continued effect of agency rules.
Sentiment
The available voting history suggests the bill was generally well received in the House, passing third reading by a wide margin of 62-5. No committee transcript is available, so there is no recorded debate to indicate detailed support or opposition arguments. The vote pattern indicates broad support for the bill’s approach to legislative oversight of administrative rules, with only a small minority opposed.
Contention
The main point of contention is likely the balance of power between the Legislature and executive agencies in the rulemaking process. Supporters would view the bill as strengthening legislative control, improving clarity, and ensuring agency rules remain consistent with statutory intent. Opponents may be concerned that the bill increases legislative interference in administrative rulemaking, adds procedural burdens, or limits agencies’ ability to respond quickly through rules. The bill’s restrictions on reissuing substantially similar rejected rules and its detailed rejection findings requirement are the most likely areas of dispute.
A resolution to direct the Clerk of the House of Representatives to only present to the Governor enrolled House bills finally passed by both houses of the One Hundred Third Legislature.
Relating to nonsubstantive additions to, revisions of, and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 88th Legislature to other Acts of that legislature.