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Measure Details

Relating to Legislative Delegation of Rulemaking Authority

Idaho Ballot Measure - HJR 2

Election: Nov. 4, 2014 (General)
Outcome: Pending

Categories:
Constitution
Legislative Branch

Summary

Proposing an amendment to Article III, of the Constitution of the State of Idaho, by the addition of a new section 29, relating to legislative delegation of rulemaking authority.

Measure Text

A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE III, OF THE CONSTITUTION OF THE STATE OF IDAHO, BY THE ADDITION OF A NEW SECTION 29, ARTICLE III, RELATING TO LEGISLATIVE DELEGATION OF RULEMAKING AUTHORITY; STATING THE QUESTION TO BE SUBMITTED TO THE ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL TO PREPARE THE STATEMENTS REQUIRED BY LAW; AND DIRECTING THE SECRETARY OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW.

Be It Resolved by the Legislature of the State of Idaho:

SECTION 1. That Article III, of the Constitution of the State of Idaho,
be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 29, Article III, of the Constitution of the State of Idaho and to read as follows:

SECTION 29. LEGISLATIVE DELEGATION OF RULEMAKING AUTHORITY. The legislature may delegate rulemaking authority to executive agencies as provided by law. No rule shall supersede the legislature's authority under this constitution. The legislature may approve or reject, in whole or in part, administrative rules as provided by law without compliance with section 10, article IV, of the constitution of the state of Idaho.

SECTION 2. The question to be submitted to the electors of the State of
Idaho at the next general election shall be as follows:
"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?".

SECTION 3. The Legislative Council is directed to prepare the statements required by Section 67-453, Idaho Code, and file the same.

SECTION 4. The Secretary of State is hereby directed to publish this
proposed constitutional amendment and arguments as required by law.

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