Proposing an Amendment to Article III, of the Constitution of the State of Idaho, by the Addition of a New Section 29, Article III, of the Constitution of the State of Idaho, Relating to the Legislative Response to Administrative Rules; Stating the Question to be Submitted to the Electorate ; Direct
Idaho Ballot Measure - HJR 5
Election: Nov. 8, 2016 (General)
Outcome: Passed
Categories:
ConstitutionLegislative Branch
Summary
The Legislature writes the laws of the state under which the state agencies adopt agency rules. By statute, agencies make rules that only interpret and implement these laws, and the legislature reserves the authority to review and reject agency rules if a rule is contrary to the intent of the law.
The Legislature's ability to approve or reject agency rules is an important aspect of the separation of powers, because these rules have the force and effect of law. The Legislature currently oversees that rulemaking process by accepting or rejecting agency rules. The proposed amendment confirms and protects the Legislatures practice to authorize agency rulemaking, and to accept or reject agency rules.
Measure Text
Shall Article III, of the Constitution of the State of Idaho be amended by the addition of a new Section29, to provide that the Legislature may review any administrative rule to ensure it is consistent with the legislative intent of the statute that the rule was written to interpret, prescribe, implement or enforce; to provide that, after review, the Legislature may approve or reject, in whole or in part, any rule as provided by law; and to provide that legislative approval or rejection of a rule is not subject to gubernatorial veto under Section 10, Article IV, of the Constitution of the State of Idaho?
YES ( ) NO ( )
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