Rating: +1

Bill Summary:

House Bill 223 amends Section 67-5291 of the Idaho Administrative Procedure Act to clarify and reinforce legislative authority over agency rulemaking. The bill provides that temporary, pending, and final rules issued by executive agencies are subject to explicit legislative review and approval through concurrent resolution.

Key provisions include:

• A standing legislative committee must review all rules to ensure alignment with legislative intent.
• The Legislature may reject any part of a rule by concurrent resolution if found inconsistent with the underlying statute, and must cite the specific statutory conflict.
• If a rule is rejected, the agency is prohibited from reissuing a substantially similar rule unless it aligns with the legislative findings.
• Rejected rules expire automatically on June 30 of the same year unless otherwise stated.
• The Secretary of State is required to notify agencies of any rejections, and agencies must formally publish such rejections in the Administrative Bulletin.
• Previously authorized automatic effective dates and fee rule carryovers are removed unless explicitly approved by the Legislature.

Reason for Rating:

HB 223 strongly aligns with Idaho Republican Platform principles of limited government, legislative oversight, and constitutional balance of powers. It reins in unelected bureaucrats by ensuring no administrative rule can bypass legislative scrutiny or conflict with statutory authority. It also closes loopholes that previously allowed rules to remain in effect without direct approval. This bill restores accountability, protects citizens from rogue regulations, and clearly reinforces the Legislature’s role as the lawmaking body.