The Senate has voted unanimously in favor of HB 1, the first bill introduced this session, clarifying HJR 5, the administrative rules constitutional amendment that passed in the November election. “This was great to see the public’s support for the constitutional amendment,” Sen. Chuck Winder, R-Boise, told the Senate, urging support for HB 1.

The bill clarifies the meaning of “in whole or in part” in HJR 5, saying lawmaker can reject a section of a rule or a change to a rule, but can’t pick out single words to reject that would change the whole rule’s meaning.

That was a concern raised by Gov. Butch Otter prior the election; he opposed the amendment. The amendment was intended to enshrine in the Idaho Constitution the Legislature’s already-existing ability to review and reject agency rules. Otter said by including the clause “in whole or in part” in the constitutional amendment, the measure set the stage for expanding the Legislature’s power, because it could then reject just a part of a rule – like the word “not” – and completely alter its meaning, with no input from the executive branch. Legal experts, including University of Idaho law professor, Shaakirrah Sanders, agreed with Otter.

HB 1, which includes an emergency clause making it effective immediately once it’s signed into law, says, “The power of the Legislature to approve or reject a part of a rule applies only to the entirety of a provision, such as a subsection or subparagraph, or to any new or amended language contained in such a provision. The Legislature does not have the authority to reject certain and select words or phrases that would alter the meaning or purpose of the entire rule.” It earlier passed the House, also unanimously.

It’s not actually the first bill to pass both houses of the Legislature and head to the governor’s desk this year. That distinction went to HB 16, a measure appropriating $342,600 to the Pest Control Deficiency Fund for the current year; it passed the House Jan. 24 and the Senate Jan. 30.