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H 223

IDAHO ADMINISTRATIVE PROCEDURE ACT – Amends existing law to remove provisions regarding legislative review of rules and to revise provisions regarding legislative review of rules.

68th Legislature, 1st Regular Session (2025)

House Bill 223 streamlines Idaho's administrative rule review by requiring concurrent resolutions for rejections, impacting state agencies and legislative processes.

Introduced, read first time; referred to: State Affairs
#government #legislature #resolutions #concurrent #rules
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Bill Summary · H 223

Summary of House Bill 223: Idaho Administrative Procedure Act

Bill Number: H 223
Introduced On: February 12, 2025
Status: Introduced, read first time; referred to State Affairs
Subject: Government, Legislature, Administrative Rules

Purpose and Intent

House Bill 223 aims to amend the Idaho Administrative Procedure Act by revising the legislative review process for administrative rules. The primary intent is to streamline the process by removing certain provisions regarding legislative review and establishing clearer guidelines for the rejection of rules through concurrent resolutions.

Key Provisions

  1. Removal of Legislative Review Provisions:

    • The bill removes existing provisions that govern how the legislature reviews administrative rules, simplifying the process.

  2. Concurrent Resolution Requirement:

    • The bill mandates that any rejection of an existing (final) rule must be done through a concurrent resolution. This resolution will specify the effective date of the rejection.

  3. Termination of Rules:

    • If a rule is rejected, it will terminate on June 30 of the year it is rejected, unless the concurrent resolution states otherwise.

  4. Expiration of Temporary Rules:

    • Temporary rules that are not approved by a concurrent resolution will expire either by their own terms or at the adjournment sine die of the next regular legislative session, whichever comes first.

  5. Implementation of Legislative Intent:

    • Agencies are required to implement the legislative intent as expressed in the concurrent resolution, including reinstating prior rules if necessary.

  6. Notification Process:

    • The Secretary of State must notify the affected agency about the filing and effective date of any concurrent resolution related to rule approval or rejection.

  7. Emergency Clause:

    • The bill includes an emergency clause, allowing it to take effect immediately upon passage and approval.

Impact

  • Affected Parties:

    • This bill primarily impacts state agencies responsible for promulgating administrative rules, as well as the legislative bodies that review these rules.

  • Fiscal Implications:

    • According to the fiscal note, there are no anticipated costs associated with this bill, as state agencies are already operating under existing rules. The legislation is not expected to affect state or local government revenues.

Procedural Timeline

  • February 12, 2025: Bill introduced and referred to State Affairs.
  • February 18, 2025: Reported out of committee with a "Do Pass" recommendation.
  • February 19, 2025: Read second time and filed for third reading.
  • February 24, 2025: Read third time in full and passed with a vote of 62-5-3.
  • February 25, 2025: Received from the House and filed for first reading in the Senate.

This summary provides an overview of House Bill 223, highlighting its purpose, key provisions, potential impacts, and procedural timeline. The bill seeks to enhance the efficiency of the legislative review process for administrative rules in Idaho.

Compiled from official sources — confirm details with the bill’s official record.

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