The Legislature's ability to approve or reject executive rules is an important aspect of the separation of powers, because these rules have the force and effect of law. Existing law allows Idaho state agencies to make rules that implement or interpret statutes passed by the Legislature. The Legislature currently oversees that rulemaking process by accepting or rejecting adopted rules. The proposed amendment confirms and protects the Legislature's practice to authorize executive branch rulemaking, and to accept or reject adopted rules.
Shall Article III, of the Constitution of the State of Idaho be amended by the addition of a new section 29, to confirm that the legislature may authorize executive rulemaking; however, the legislature shall not relinquish oversight, which such oversight is done by approval or rejection, in whole or in part, of an executive rule; and to provide that the legislature's approval or rejection of such a rule shall not require the approval of the governor?