"There will be a question on the general election ballot November 4th, 2014 concerning a constitutional amendment H.J.R 2. It contains a ballot question, a statement of its meaning, the purpose and result to be accomplished as well as statements for and against the proposed amendment. The Statements for and against H.J.R 2. have been developed as prescribed by law by the Legislative Council.
“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 re-jection, 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?”
LEGISLATIVE COUNCIL’S STATEMENT OF MEANING, PURPOSE AND RESULT TO BE ACCOMPLISHED OF PROPOSED AMENDMENT
This ability to approve or reject executive rules is an important aspect of the separation of powers, because these rules have the force and effect of law. Existing law allows Idaho state agencies to make rules that implement or interpret statutes passed by the Legislature. The Legislature currently oversees that rulemaking process by accepting or rejecting adopted rules. The proposed amendment confirms and protects the Legislature’s practice to authorize execu-tive branch rulemaking, and to accept or reject adopted rules.
STATEMENT FOR THE PROPOSED AMENDMENT
1. Legislative review of executive rulemaking is necessary to ensure that Idahoans have a re-sponsible state government. Executive rules are written by the executive branch state agen-cies. These rules describe how laws passed by the Legislature will be interpreted and imple-mented. These rules impact the lives of Idaho citizens, as state agencies regulate businesses, licenses, benefits, and fees. The Legislature’s oversight of agency rules can limit agency over-reaching into the rights and lives of Idahoans and its businesses.
2. Legislative review of the executive rulemaking is necessary to ensure the separation of pow-ers between the legislative, executive, and judicial branches of Idaho government. Executive branch agencies write and adopt rules. Legislative review of agency rules ensures agency re-straint and adherence to the law. Placing the Legislature’s review authority in the Idaho Con-stitution protects that authority and the rights of Idaho citizens.
STATEMENTS AGAINST THE PROPOSED AMENDMENT 1. Legislative review of executive rulemaking may infringe on executive branch power by the Legislature. By providing that the Legislature shall not relinquish its executive rulemaking oversight, the proposed amendment potentially could impact the ability of the executive branch to direct and manage the affairs of the state.
2. The proposed amendment is unnecessary. Legislative review is currently authorized by statute and affirmed by the Idaho Supreme Court. As a result legislative authority is ade-quately protected.
OUR OPINION: Simply put Idaho’s state agencies have the ability to make rules and im-plement or interpret statutes passed by the Legislature. This change in the Constitution gives the Legislature the power to accept or reject those rules or regulations imposed by the state agencies. This throws the balance of power back in the hands of the people’s elected representatives not the Governor or the State Agencies. It’s important that the balance of power be kept in the hands of the people, and by voting yes on this bill you give your rep-resentatives the power to overturn any rules made by state agencies which they feel are not in the best interest of the general electorate. On this question you must vote YES. "
* This blog post is from www.gemstatepatriot.com