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ID S1397
Bill
Status
3/10/2022
Primary Sponsor
Judiciary and Rules Committee
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AI Summary
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Adds legislative finding that temporary rules must be used only in emergency situations where negotiated rulemaking is not feasible, requiring agencies to make every effort to use negotiated rulemaking process.
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Modifies conditions allowing governors to adopt temporary rules by replacing "conferring a benefit" with "imminent danger to citizens' rights from a specified threat that was unknown to the agency prior to or during the most recent legislature session or measurable worsening of such threat or danger."
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Requires temporary rules not approved by concurrent resolution during the next regular legislative session to expire and prohibits repromulgation without going through negotiated rulemaking process, though agency directors or governors may identify nonsubstantive changes exempt from this prohibition subject to legislative override.
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Updates Section 67-5224 to correct code reference in relation to pending rule effective dates and fiscal impact statements.
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Declares an emergency and makes the act effective July 1, 2022.
Legislative Description
Amends existing law to revise provisions regarding temporary rules.
IDAHO ADMINISTRATIVE PROCEDURE ACT
Last Action
Reported out of committee; to 14th Order for amendment
3/16/2022