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Committee holds bill that would limit agencies’ rulemaking authority after 10 years
Summary
House Bill 218, which would limit agencies' power to promulgate new rules related to a statute more than 10 years after that statute's enactment, was heard and then held in committee for revision.
House Bill 218, sponsored by Representative Barbieri, would restrict agency directors’ authority to promulgate rules related to a statute more than 10 years after that statute’s enactment unless the legislature amended the statute or added a new statute authorizing further rulemaking. The House State Affairs Committee heard testimony from industry and business representatives and then voted to hold the bill in committee to address wording and implementation concerns.
Representative Barbieri told the committee the change was intended to ensure the legislature retains involvement in rulemaking for older statutes. “This is addressing the power of the agencies to promulgate rules,” Barbieri said, adding the proposed change would require agencies to return to the legislature when rules were needed many years after a statute’s adoption.
Alan Prouty (J.R. Simplot Company) and John Eaton (Idaho Association of Commerce and Industry) testified again opposing the proposal, citing the need to update long-standing environmental regulations to reflect federal changes and new science. Eaton warned the bill could conflict with temporary-rule authority and complicate the state’s ability to respond to federal regulatory changes.
Representative Alfieri moved to hold H 218 in committee; the committee approved the motion and the bill will be revised and returned for further consideration.
