Committee reviews bill to require state agencies post rules and policies on their websites

Rep. Heather Scott, R-District 2, told the House State Affairs Committee she is introducing RS 32,091 to make administrative rules and agency policies more transparent by requiring that departments and constitutional officers that maintain websites publish “any administrative rules or policies promulgated by the Department or officer.”

Scott said the draft language would require each covered entity to review and update materials at least annually so the public can find “a current copy of what they’re operating under.” She read the bill’s core provision aloud during the meeting: “include on the website any administrative rules or policies promulgated by the Department or officer.”

The bill, Scott said, targets departments identified in the state code and the constitutional officers that oversee some agencies. She told the committee there are about 189 agencies in Idaho and said some entities—such as the Commission for the Blind and Visually Impaired—are housed under a constitutional office rather than standing alone.

Committee members asked how much additional work the requirement would impose. Representative Mickelson asked whether the measure responds to a specific problem or is meant as a business practice. Scott replied it is intended to improve transparency and cited constituent confusion over whether agency direction comes from a rule or an internal policy. “When I get a complaint from a citizen I say, ‘What authority are they requiring you to do that?’ and they don’t even understand it,” she said.

Representative Boyle raised a separate concern about public misunderstanding of policy status and suggested adding language to the websites clarifying that agency policy statements and guidance do not have the force or effect of law. Scott said she agreed with the clarification and invited committee members to propose an amendment; she said she would accept removing policies from the requirement if members preferred starting with rules only.

Paula (staff) told the committee the idea of adding a disclaimer is feasible but that putting materials online is a first step: “Maybe we come back and put that on once we get them to actually put their rules online and policies.”

Representative Barbieri moved to introduce RS 32,091. Representative Boyle made a substitute motion to add language requiring a website disclaimer that policies are not law. After discussion about the exact statutory language to quote, Representative Holtzclaw made an amended substitute motion to return RS 32,091 to the sponsor to allow reworking with the suggested language. The committee voted in favor of returning the draft to the sponsor.

The committee did not take a final vote on the underlying requirement; the matter will return to the sponsor for revision and reintroduction.

The discussion referenced several specific state offices and the Legislative Services Office process; Scott noted that administrative rules are currently posted to the Department of Administration but said the bill asks that each agency, if it maintains a website, host its own rules and (optionally) policies to improve public access.