Idaho lawmakers fail to reauthorize administrative rules for third straight year
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Idaho lawmakers for the third straight year failed to pass legislation to reauthorize the state’s administrative rules for the next fiscal year.
Idaho law requires the state legislature to reauthorize all of the state’s administrative rules each year. Idaho House of Representatives Speaker Scott Bedke (R) told the Idaho Press that the failure to reauthorize the state’s administrative rules stemmed from a debate between House and Senate leaders over the current legislative practice allowing one chamber, rather than both, to approve or reject a policy-related rule. Bedke and others argue that consent from both chambers should be required.
“Both the House and the Senate chose just not to take it up, and there we are,” said Bedke. “It is unfinished business.”
In order to keep the state’s regulations in effect beyond July 1, the executive branch plans to re-publish thousands of pages of administrative rules as temporary rules. The temporary reauthorization will allow lawmakers to review the rules again in the 2022 legislative session.
Governor Brad Little (R) in 2019 directed a rules review process that revised or eliminated roughly 75% of the state’s administrative code after the state legislature failed to reauthorize the state’s administrative rules. When the state legislature did not act to reauthorize the rules again in 2020, Little proposed that one-fifth of the state’s administrative rules, rather than all rules, should expire each year, allowing lawmakers time to perform more in-depth reviews. Lawmakers’ inaction in 2021 delayed implementation of Little’s proposal.
To learn more about prior developments related to this story, read the sections below:
Idaho legislature repeals entire regulatory code (2019-2020)
State legislature fails to reauthorize rules
The Idaho State Legislature failed to pass legislation on April 11, 2019, that would have reauthorized administrative rules in the state—essentially repealing the state’s entire regulatory code effective July 1, 2019.[1]
State regulations in Idaho must be reauthorized by the state legislature each year.[2]
State lawmakers’ failure to reauthorize the rules at the end of what media outlets have described as an acrimonious legislative session resulted in the expiration of all 8,200 pages and 736 chapters of Idaho regulations.[2]
Governor directs temporary approval of rules, simplification of regulatory code
Governor Brad Little (R) responded by directing state agencies to submit their rules to the Division of Financial Management by May 10 for temporary approval in order for the rules to remain in effect until the state legislature reconvenes next year.[1]
“I’m not looking at this as an opportunity to do mischief,” said Little said during an April 16 public appearance. “I do not want to exacerbate this thing. This was not our deal. We did not do this.”[3]
Several state agencies, including the Oil and Gas Conservation Commission and the Idaho Lottery, planned to cut rules prior to submission pursuant to Governor Little’s Red Tape Reduction Act executive order. The order, issued in January, requires agencies to repeal, simplify, or justify two rules for each new rule issued—similar to President Donald Trump’s (R) Executive Order 13771.[1]
Little issued his proposal for rules to retain and eliminate on May 21. Little proposed simplifying or allowing for the expiration of 139 full chapters and 79 partial chapters, or 34% of the state's entire administrative code. The proposal is was open for public comment through June 11.[4][5]
Approved rules were published in a June 19 edition of the Idaho Administrative Bulletin, followed by a 21-day comment period.[1] In a July 19 announcement, Governor Little said he wanted to simplify up to 60 percent of the state’s regulations by the end of 2019.[6] Little added that he directed agencies to get rid of duplication and not to change fundamental policies. He said that changing policy was the responsibility of the state legislature.[6]
Governor proposes further simplification of regulatory code
On July 19, 2019, Little proposed simplifying up to 60% of the state’s regulations by the end of 2019. Little directed agencies to simplify regulations by eliminating duplication rather than changing fundamental policies, which he stated is the responsibility of the state legislature.[7]
Little later announced on July 25, 2019, the following four changes to the state’s rulemaking process:[8]
- 1) The state must post all notices and schedules for public hearings during the rulemaking process on one website.
- 2) Citizens may now subscribe to a state newsletter informing them when new rules are published.
- 3) Agencies must include a cover sheet with new rules explaining the purpose of the rule, who is covered by the rule, and a point of contact for more information.
- 4) Agencies must consolidate the chapters of rules they administer to make them easier for the public to understand.
Governor claims Idaho is the state with the fewest regulations
Little claimed in a December 4, 2019, press release that Idaho became "the least-regulated state in the country by cutting and simplifying 75 percent of regulatory rules in one year." According to the release, Little and the Idaho Legislature worked together to cut 1,804 pages from the state administrative code.[9]
Governor issues executive orders aimed at minimizing regulations, clarifying agency guidance
Little on January 16, 2020, signed two executive orders aimed at streamlining regulatory review and minimizing the volume of regulations in the state.[10][11]
The first executive order, titled “Zero-Based Regulation,” creates a five-year regulatory review process in which 20% of the state’s administrative rules are reviewed by the issuing agencies and members of the public each year. Should an agency wish to renew a rule under review, the agency must promulgate a new rule through the rulemaking process. The completed review of agency rules must either reduce or maintain the same number of regulations.[10][11]
Little’s second executive order, titled “Transparency in Agency Guidance Documents,” requires in part that agency guidance documents—which seek to provide the public with clarification about how agencies interpret and administer regulations—clearly state that the documents are not legally binding. The order is similar to an executive order issued by President Donald Trump (R) in October 2019 that aims to prohibit the creation of binding rules through federal agency guidance documents.[10][11]
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Idaho News, "Idaho governor has unfettered chance to cut state rules," April 17, 2019
- ↑ 2.0 2.1 Mercatus, "Idaho Repeals Its Regulatory Code," May 9, 2019
- ↑ AP News, "Idaho governor has unfettered chance to cut state rules," April 17, 2019
- ↑ Associated Press, "Governor proposes cuts to Idaho administrative rules," May 21, 2019
- ↑ Idaho State Journal, "Little Administration proposes elimination of 139 chapters of rules," May 22, 2019
- ↑ 6.0 6.1 Idaho Statesman, "Idaho governor wants more cuts to state regulations," July 19, 2019
- ↑ The Telegraph, "Idaho governor wants more cuts to state regulations," July 19, 2019
- ↑ Governor Brad Little, "Governor Little takes additional steps to simplify, improve rulemaking processes," July 25, 2019
- ↑ Idaho Office of the Governor, "Idaho cuts and simplifies 75 percent of rules in one year, becomes least-regulated state in country," December 4, 2019
- ↑ 10.0 10.1 10.2 The Neighbor, "Idaho Governor Little Signs First Two Executive Orders of 2020; Both Aimed at Keeping Idaho Regulations User-Friendly," January 16, 2020
- ↑ 11.0 11.1 11.2 Idaho Press, "Gov. Little signs 2 executive orders for continuing review of state regulations," January 16, 2020
