H09412026 Regular Session

Amends and repeals existing law regarding the Office of the Administrative Rules Coordinator and administrative rule review.

ADMINISTRATIVE RULES -- Amends and repeals existing law regarding the Office of the Administrative Rules Coordinator and administrative rule review.

ADMINISTRATIVE RULES

IntroducedIn CommitteeFloor VoteEnacted

STATEMENT OF PURPOSE

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RS33807 / H0941 Administrative rules, while inferior to the authority of Idaho's constitution and statutes, are considered to have the force of law. Therefore, the executive branch's process of promulgating such rules are considered to be a delegation by the Legislature of its plenary lawmaking powers. This legislation reclaims a portion of this delegation by transferring the Administrative Rules Coordinator position and function from the executive branch's Division of Financial Management to the legislative branch's Legislative Services Office. Because this transfer will bring greater control of the lawmaking power back to the legislative branch, this legislation also deletes, as no longer necessary, the requirement that the Legislature review all existing administrative rules at least once every eight years.

FISCAL NOTE

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This legislation has no impact on revenues. The transfer it enacts between state agencies causes no net change in expenditures.

BILL TEXT

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LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 941 BY WAYS AND MEANS COMMITTEE AN ACT1 RELATING TO ADMINISTRATIVE RULES; AMENDING SECTION 67-5202, IDAHO CODE, TO2 REVISE PROVISIONS REGARDING THE OFFICE OF THE ADMINISTRATIVE RULES CO-3 ORDINATOR; REPEALING SECTION 67-5292, IDAHO CODE, RELATED TO THE PERI-4 ODIC REVIEW OF ADMINISTRATIVE RULES; AND DECLARING AN EMERGENCY.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. That Section 67-5202, Idaho Code, be, and the same is hereby7 amended to read as follows:8 67-5202. OFFICE OF THE ADMINISTRATIVE RULES COORDINATOR. (1) There is9 hereby established the office of the administrative rules coordinator in the10 division of financial management legislative services office. The coordi-11 nator shall be a nonclassified employee and shall be appointed by and serve12 at the pleasure of the administrator of the division of financial management13 director of the legislative services office. All other employees of the of-14 fice of the administrative rules coordinator shall be nonclassified posi-15 tions, and any persons employed to fill positions in the office of the admin-16 istrative rules coordinator thereafter shall be exempt from the provisions17 of chapter 53, title 67, Idaho Code.18 (2) The coordinator shall have the authority to make clerical revisions19 or to correct manifest typographical or grammatical errors to both proposed20 and existing rules that do not alter the sense, meaning or effect of such21 rules changes to both proposed and existing rules prior to publication in the22 administrative bulletin pursuant to section 67-5203, Idaho Code.23 (3) The coordinator shall receive all notices and rules required in24 this chapter to be published in the bulletin or the administrative code.25 The coordinator shall prescribe a uniform style, form, and numbering system26 which shall apply to all rules adopted by all agencies. The coordinator27 shall review all submitted rules for style, form, and numbering and may re-28 turn a rule that is not in proper style, form, or number.29

SECTION 2. That Section 67-5292, Idaho Code, be, and the same is hereby30 repealed.31

SECTION 3. An emergency existing therefor, which emergency is hereby32 declared to exist, this act shall be in full force and effect on and after its33 passage and approval.34