Senate Commerce panel approves Labor Department rule dockets; agency plans to move many provisions into statute

The Idaho Senate Commerce Committee on an omnibus series of votes approved three pending rule dockets submitted by the Idaho Department of Labor that the agency says streamline administrative language and remove provisions that duplicate state or federal statute.

Janie Revere, director of the Idaho Department of Labor, told the committee the department "undertook a comprehensive review of the rules as part of the governor's 0 based regulation initiative" and that the department will bring legislation "that will move significant portions of the rules into statute." She said, "If the rule changes are approved and the legislation passes, we will eliminate about 75% of our rules."

The rule packages, described in the pending rule book and presented by Revere, contain no programmatic changes, the department said, and carry "no fiscal impact to the general fund or any dedicated or federal funds." The dockets cover: IDAPA 09.01.01.2401 (administrative procedures; pages 4–11), IDAPA 09.01.30.2401 (unemployment insurance benefits administration; pages 12–32) and IDAPA 09.01.35.2401 (unemployment insurance tax administration; pages 33–49).

Committee members asked technical questions about specific deletions. When Senator Lakey questioned removing a rule provision described on page 11 that referenced judicial review of wage-claim decisions, Revere replied "Correct," indicating the deletion was intended because the procedural requirement was redundant with the Administrative Procedures Act.

Senators also probed how the department will proceed if the companion legislation to move rule text into statute does not pass. Revere said, "If the legislation does not move forward, then the rules will stay as they are," and described the legislation as an effort to make program rules easier for the public to find and understand.

The committee conducted recorded motions and approvals on the dockets. Senator Guthrie moved adoption of docket 09.01.01.2401; Senator Lakey seconded and the committee approved the docket. Senator Foreman moved adoption of docket 09.01.30.2401; Senator Ruckley seconded and the committee approved that docket. For docket 09.01.35.2401 (tax administration rules), the committee approved the docket but voted to reject the agency's proposed deletion of a specific subsection (General Provisions, subsection 11, subsection 7 A and B), leaving those provisions in the rule as the committee instructed.

Revere and Department staff told the panel the rule changes came through negotiated rulemaking and that the department received no negative feedback during that process. The department said the deletions are meant to eliminate redundancy with statute and simplify language where definitions or procedural steps are duplicative.

Committee action on the dockets does not change any program eligibility or benefits rules unless a subsequent bill moves the text into statute and the Legislature adopts it. The department told senators it will return with legislative language this session for portions it believes should be codified.

—

Votes at a glance

• Docket 09.01.01.2401 (IDOL administrative procedures): Motion to adopt by Senator Guthrie; second Senator Lakey; outcome: approved by the committee (vote tally not specified in transcript).

• Docket 09.01.30.2401 (UI benefits administration): Motion to adopt by Senator Foreman; second Senator Ruckley; outcome: approved by the committee (vote tally not specified in transcript).

• Docket 09.01.35.2401 (UI tax administration): Motion to adopt with exception — committee rejected agency deletion of General Provisions subsection 11, subsection 7 A and B so those provisions remain; motion moved by Senator Lakey and seconded by Senator Guthrie; outcome: docket accepted while rejecting the proposed deletion (vote tally not specified in transcript).