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Committee approves sending HB 223 to the floor after debate over rule-rejection process
Summary
Representative Vito Barbieri explained House Bill 223 would alter how the Legislature rejects agency rules. The committee voted to send the bill to the floor with a due-pass recommendation after members discussed temporary, proposed and final rules and the need for concurrent resolutions when committees call up final rules.
Representative Vito Barbieri (District 3, Kootenai County) told the committee House Bill 223 seeks to clarify the process by which the Legislature may reject administrative rules. He said the bill is intended to ensure the appropriate legislative procedures apply when a committee calls up a final rule.
"The way this is written it's confusing saying it appears as though we're requiring a concurrent resolution for rejecting a rule," Barbieri said, and then described the committee's intent to allow a single chamber to reject certain rules in some instances while retaining the concurrent-resolution requirement when a committee calls up an already-final rule that is in effect. He explained the practical problem that arose when a final rule approved by one chamber created binding effect without the other chamber's review.
Other members asked for clarification about the three types of rules — temporary, proposed and final — and how the bill would operate when a committee previously rejected a rule during the legislative session. Barbieri said the proposal is meant to be incremental and to ensure that if a committee or house rejects a rule, the rejection is effective while preserving a concurrent process where appropriate.
Representative Scott moved that the committee send House Bill 223 to the floor with a due-pass recommendation. The motion carried on a voice vote; no roll-call tallies are shown in the transcript excerpt.
