Bill Description: House Bill 563 would narrow the scope for temporary agency rules and lay out procedures for legislative review of agency rules.
Rating: +2
Does it create, expand, or enlarge any agency, board, program, function, or activity of government? Conversely, does it eliminate or curtail the size or scope of government?
Currently, Section 67-5226, Idaho Code, allows temporary rules to be enacted for several reasons, including "protection of the public health, safety, or welfare;" "compliance with deadlines in amendments to governing law or federal programs;" or "conferring a benefit." That last reason has become a catch-all that can allow for nearly any temporary rule.
House Bill 563 would replace "conferring a benefit" with "reducing a regulatory burden that would otherwise impact individuals or businesses."
This change not only narrows the scope for temporary rules, but it also clarifies that the rule must benefit individuals or businesses rather than simply be more convenient for a government agency.
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Does it violate the principles of federalism by increasing federal authority, yielding to federal blandishments, or incorporating changeable federal laws into Idaho statutes or rules? Examples include citing federal code without noting as it is written on a certain date, using state resources to enforce federal law, and refusing to support and uphold the Tenth Amendment. Conversely, does it restore or uphold the principles of federalism?
House Bill 563 also amends Section 67-5229, Idaho Code, to add a clarification to the subsection that currently says, "Unless prohibited by other provisions of law, the incorporated material is subject to legislative review in accordance with the provisions of section 67-5291, Idaho Code, and shall have the same force and effect as a rule."
"Incorporated material" refers to many things, including "a code, standard or rule adopted by an agency of the United States; a code, standard or rule adopted by any nationally recognized organization or association; a code or standard adopted by Idaho statute or authorized by Idaho statute for adoption by rule; or a final rule of a state agency."
The added clarification would say, "The legislature may reject the incorporated material in whole or in part in accordance with the provisions of section 67-5291, Idaho Code."
A new subsection would also be added saying, "The legislature finds that the public has the right to know about and easily access all incorporated material that holds the force and effect of law. Accordingly, an agency shall purchase or obtain at least one (1) digital copy of any incorporated material and shall, without charging a fee, make only the incorporated material conspicuously available and easily accessible on its website unless otherwise prohibited by federal law or the purchase agreement."
Incorporated material can reduce transparency, which is part of what this provision is designed to address. It is also important to note that any incorporated material should be limited to the material as it exists on the date it was incorporated (or before), so that Idaho laws and rules cannot effectively be changed without the knowledge or approval of the Legislature.
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