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H06172020 Regular Session

Amends existing law to revise and remove provisions regarding expiration of administrative rules.

IDAHO ADMINISTRATIVE PROCEDURE ACT -- Amends existing law to revise and remove provisions regarding expiration of administrative rules.

IDAHO ADMINISTRATIVE PROCEDURE ACT

STATEMENT OF PURPOSE

This legislation revises Idaho Code section 67-5292 regarding administrative rules. It brings Idaho statutes into compliance with the Idaho Constitution. At the general election of 2016, the voters of Idaho approved the adoption of Article III, Section 29 of the Idaho Constitution. That new section of the Constitution specifically states that the Legislature's approval or rejection of an administrative rule is not subject to gubernatorial veto. However, the current language in Idaho Code Section 67-5292 requires the extension of administrative rules by statute (which is subject to gubernatorial veto), and consequently, is inconsistent with the Idaho Constitution. This legislation resolves that inconsistency by providing that the Legislature can extend rules by concurrent resolution(s)(or as provided by joint rule) which are not subject to gubernatorial veto. This legislation also deletes some out-of-date language (Subsections (2) and (3) of the statute). This legislation has an emergency clause and will take effect retroactively to January 1, 2020.

HOW THEY VOTED

house Chamber· Mar 12, 2020

House Third Reading

✓ Passed
57 Yea
13 Nay
Passed by 62.86 votes

LATEST ACTION

Referred to 14th Order for amendment

BILL INFO

Session
2020
Chamber
house
Status date
Mar 12, 2020

LINKS

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