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House Bill 174 — Agency policy documents

House Bill 174 — Agency policy documents

Parrish Miller
February 21, 2023

Bill Description: House Bill 174 would clarify that agency policy statements and guidance documents do not have the “force and effect of law."

Rating: +1

NOTE: House Bill 174 was amended in the Senate to strike the phrase, "unlike administrative rules," making the bill even shorter and more straightforward. The amendment does not change the rating.

Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?

House Bill 174 is one of the shortest bills introduced so far this session. It would create Section 67-5207A, Idaho Code, to say, "Agency policy statements and guidance documents, unlike administrative rules, shall not have the force and effect of law."

While this fact should be self-evident, administrative overreach is a growing problem that infringes on individual rights and increases executive power by avoiding legislative oversight. This simple clarification limits the authority of agencies to statutes passed by the Legislature and administrative rules, which are subject to legislative review and approval. 


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