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The Adams County Record
Wednesday, November 2, 2016
Page 11
Text of Proposed Amendment
IN THE HOUSE OF
REPRESENTATIVES HOUSE JOINT RESOLUTION NO. 5 BY STATE AFFAIRS COMMITTEE
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE BL OF THE CONSTITUTION OF THE
STATE OF IDAHO, BY THE ADDITION OF A NEW SECTION 29, ARTICLE BL OF THE CONSTITUTION OF THE
STATE OF IDAHO, RELATING TO THE LEGISLATIVE RESPONSE TO ADMINISTRATWE RULF~ STKTING THE
QUESTION TO BE SUBMITTED TO THE ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL TO PREPARE
THE STATEMENTS REQ~ BY LAW; AND DIRECTING THE SECRETARY OF STATE TO PUBLISH THE
AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW.
Be It Resulved by the Legishtu~ of the St3te of Ida.:
SECTION 1. "Ihat Artide I~ of the Constitution of the State of Idaho, be, and the same is hereby amended by the addition
thereto of a NEW SECTION, to be known and designated as Section 29, Article IIL of the ConsOmion of the State of Idaho and
to read as follows:
SECTION 29. LEGISLATIVE RESPONSE TO ADMINISTRATIVE RUI23. The legishmre may review any administrative
rule to ensu~ it is cons~at with the legishtive intent of the statute that the rule was written to intmpr~ ~ ~1~
or en~rc~ Aeer that review, the legislature may approve or r~ec~ in whole or in par~ any rule as provided by law. Legislative
approval or rejection of a role is not subject to gubernatorial veto under sectiun 10, article IM, of the constimtiun of the state of
Idaho, •
Ballot Question
Article I~ of the Constitution of the State of Idaho be amended by the addition of a new Section 29, to provide that the
Legislature may review any administrative rule to ensure it is comisteaat with the legislative iment of the statute daat the rule was
written to interpt~ presco~, implement or enforo~ to provide da~ aPter tB, i~, the Legislature may ~e or ~ in ~
or in pat~ any rule as provided by hw; and to provide that ~ approval or ~ection of a rule is not sul~ect to gubernatorial
veto under Section 10, Article IM, of the Constitution of the State of Idaho.P.
Legislative Coundl's Statement of Meaning, Purpos~ and Result to be Acoomplished h'lR 5
The Legislature writes the laws of the state under which the state agencies adopt agamcy rules. By stamt~ agencies make rules
dmt only iraerpret and implement these laws, and the legislature reserves the authority to review and reject agency rules if a rule
is oontrary to the ir~mt of the law.
q[he LegblalaJre's ability to approve or r~ect agency rules is an importaut aspect of the separation of powers, because these rules
have the force and effect of law. The Legislature currendy oversees tJaat rulemaking precess by accepting or rejecting agency rules.
~he proposed amendment confirms and protects the Legishture~ practice to authorize agency rulenml4n& and to accept or
ect agency rules.
Legislative Council's Statements FOR the Proposed Amandment
1.The proposed constitutional amendment safeguards the ability of the legislature - dected by the peo#e - to review and r~ect
agency rules created by undect~ state officials if those rules conflict with legislative intent This will protect Idahoans from unfair
or over EegU~OIL
Z'Ihe legislature's cta'mnt ability to review agency rules is in the law. Idahds Supra-he Court previously hdd that ~ valid, a
~ture supreme court could potentially declare it invalid, because Idaho's Constitution does not expresrdy recognize the ability of
the legislature to review agency rules. "[he proposed conaimtional amendment would promct the legislature's authority to ensure
that agency rules confoma with legislative intent.
32f a future court determined the legislatore did not have the right to review and reject agency rules, then ldahoans would have
to hire lawyers and file lawsuits to ~ agencies' rides. That would be a much more expansive and tirne-consuming process
than the current system which this amendment proposes to protect
4.A Governors veto is not t~quir!xL beceuse agency rules are proposed by the Governor's departmenls and agendes.
Statmnents AGAINST the Proposed Amendmant
L~xis constitutional amendment is unnecessary because the legishture already has legal authority to review agency rules. Even if
the lelgdamre did not have this author@, su~cient methods of challenging agency rules exist: the legislature can pass a law limit-
ins an exBcutive ag~s rulemak~ ability, or a rule can be challenged in court.
ZThe legishtmB is overly involved with state agencies when it examines their rules to see whether ttW conform to lagishtive
iment, and that practice should not be in Idaho's ConstitutiorL Legislative of agency rules is ne-ennsaning and makes it
more diffioalt for state agencies to conduct day-to-day business.
3.The legishmre responds to agency roles in diff~em ways. One way is m pass a bill, which it does every year to extend the
agency roles from previous years. The proposed constitutinnal ameidmem would prohibit any veto of a role approval or r0ec-
lion and would infringe on the Govemofs right to veto bills under the Idalm ConstitutiorL
Pullished by Lawermce Demey
Se emry of State
State of Idaho
Published in the Adams Co~m1~J Record on ~ct~ber ~5~ 2~16 * ~ct~ber ~ 9~ 2~16 ~ N(x~nber 2~ 2~16
NO'[
NOTICE OF GENERAL ~
The General ~lettlon w~l be held on Tuesday, November 8, 2016. 71~ polling plates are a~ follows: The Depot Auditorium In New Meadows f0¢ Lhe
New Meadow~ Preclett, the Courthouse in Council for the Coundl emd North C~undl Preclects, and the Community Hall in In~m Valley for the
Indian Valley Prednct. The polls will be opefl from 8:00 a.m, to 8:00 p;m, for the purpose of Votinl$. All pOfling pl0ces are handicap-accessible, any
questions, please caS the Clerk's Office at 208-253-4561,
S VIPLE BALLOT
ADAI~I COUNTY, H~AIIO
GENERA/. IlIE6"rION
N~ 8, Mla
STATICS OlgFIKT~O
FOR z~JJ~pp
DarreU L. Ca~te
For ~v~ee Pl~eide~t ~.J
~mmer~Ie)
Hillary ~ Clinton
g~ ~v'*e~ Prealdmat L~
'I~hx~Ta~ Midu~t F.~ir~
CAN~EBATES FOR IJ~,~-lra~
STA'rJ~ OFFI~
Mike ~a-a~o 0R~publlean) []
Jm'ry ~ (DM,oeratie) []
Ray J. Wri~ (Conatltuthm)[]
(Write~u) ....................................... []
FOR ltaUPIR~gNTATIV~ ]~W CONO~/~88
DI~ST~ZOT
(%'ore ~ Onei
IM~d }L l~br~d0r CRepub~an) [] i
Jmm~ Fiotrow~ki (Demotic) [__J
~-,i~fo~ ...................................... []
FOR COUNTY
S~md Dietri~
4 Y~ Teem
(Vote ~ Ore,)
M~e ~. Paradis (Ralmbliean) []
(Writs-in) ....................................... []
FOR ~ ~Oh'ER
2 Y~ "1~..rm
(Vo/a for 0o~)
Scott Copelmad
For ~T1eo Pr~a/d~at
J.~ M~S
De La Fuente
l~r ~ce l~t L~
Ml~haal
CANDI DA'I'F~ FOR ~Tl3t~
DISTRICT OFFICE~
WOR LI~HSLATIV~ DIBT~CT NO 9
FOR STAT~ SF~ATOR
(Vote for One)
• Carol Bot~e ~tlc) L~
Ahby L~ (l~pabliea~ L--.J
William (Bill) Brm~ (1~,ubli~O []
OVrite-i~) ....................................... []
FOR COUN'I"g SKERIFF
Tbem~ Watts fImtepea4~aO []
K. ZoIlm~a (~'Imblican) []
(~rlt¢-iu) ....................................... []
FOR COUNTY ~ UTI~G ATTORNEY
(Vete f~ One)
Sean p. Smith (Repebllclu0 L~
(Wrtte4~) .................... ; .................. L._J
N
NOTICE OF GENF.I~ltL ELECTION
The General Election will be held on Tuesday, November 8, 2016. The polling places are as follows: The Depot
Auditorium in New Meadows for the New Meadows Pr~cInct, the Courthouse In Coundl foe the Council and
North Council PPednct$, and the Community Hall In Indian Valley for the Indian Valley Predate. The polls will
be Open from 8:00 a.m. to 8.'~ p.m. foe th~ purpose of voUna. All polllna places are handicapaccessible, any
questions, please call the Cterl#s Office at 20B-25~-4561.
SAMPLE
NONPARTISAN JUDICIAL BALLOT
ADAMS COUNTY, IDAHO
NOVEMBER 8. 201 6
INSTRUCTIONS: TO VOTI~ FOFI THE C~NDIDA'rE.oF YOUR G~OI~IF~ PLAGE
X IN THE ~QU~FII~ AT TNE~ ~ OF THI~ NAME OF THE CAMOII)AI"I~.
I ................................. :1
Icurt' ..................................... I VII
IIM~;TRUC~IONS;: TO VOTE FOR OR AGAINST THe RETeNTiON O1= THE MA(~IISTRATE
IN OF~ PLAC/E AN X ~131PIE 8(I¢IAP.E I~DICATIN~ "YES" OIR "NO.~
"Shall Magistrate John ltleienhofer of Adams County Of the
Third Judicial Dletlrk~t be retained In Office?"
I .o []
Published in the Adams County Record on November 02, 2016
NOTICE OF GENERAL ELECTION
The General Election will be held on Tuesday, November 8, 2016. The polling places a~e as follows; The Depot
Auditorium in New Meadows for the New Meadows Precinct, the Courthouse tn Council for the Council and
North Coundl Precincts, and the Community Hall in Indian Valley for the Indian Valley Precinct. The polls wilt
be open from 8:00 a.m. to 8:00 p.m. for the purpose of voting. All pollln8 places are handicap-accessible, any
questions, please call the Clerk's office at 20~-25~-4561,
SAMPLE BALLOT
CONS~ONAL AIVIENDI~]gNT
GENERAL ELECTION, NOVEMBER 8, 2016
ADADIS COUNTY, IDAHO
IIJRS
"ShaltArtlele Ill, of the Com~itoflon of the State ofldaho yES ~-]
l~ amended by the addition of a new Section 29, tO provide
the- the Legislature may rrvi~av any ~trafiv© rule to
easu~ it is consistent with the l~lativ¢ imtm*t Of the I%[O []
st~m~ that the rule was v~'i~ to intorp, re~ pt~sc~'b¢.
implement or enforem; to provid~ that, ~ review, the
Lo~islator¢ my approv~ or t~je~t, in whole or ha part, may
rule as provided by law; and to ptOvidO that legislative
app~val c¢ r~v~io~ of a rule is not subjv~t to ~ubem~
veto under Se~ion 10. Article IV, of the Co~tmion of the
Si=t~ of Idaho'?"
LEGISI,ATIVE COU'NCI1JS STATEMENT OF M[IgAN'ING~
PURPOSE, AND RF~ULT TO BE ACCO.~lPLISItED
Mea~tal~, hrll*lz and Remdt to be A~tmmpllahed
The Legislature wrlt~ the laws of the stare under which tho state agencies
adopt a4~:~y rul~-s, By statta~, agertci~.s make rules that only in{Im'pr~ mad
implement these laws, and th© lagislature re~erve~ lho malhority to r~eicw
and reject age~xcy rules if a rtde is oo~trary to the batent of the law_
The I~gisleh~'s ability to approve or reject aSeuey rides is an important
aspect of the separation ofpowenl, because ~e rules have the fol~.e
eff~t of laW. The l.~#SlalUt~ ~CtWrt~tly Ov~P.mS that rul~a0ulking pro~m~
by aza~p~ng ~r rb-j~:dng ~ rule, s. Th~ lm'ol~d ~ ~
and pmtocts the Legislatme's practice to aumori~ age~--y ~ and
to accept or r~e~t ase~ey rule~.
lhtblished in the Adams County Record on November 02, 2016
NOTICE OF GENERAL ELECTION
The Genera! Election will be held on Tuesday, November 8, 2016. The polling places are as follows: The Depot
Auditorium in New Meadows for the New Meadows Precinct, the Courthouse in Coundl for the Coundl and
North Council Precincts, and the Community Hall in Indian Valley for the Indian Valley Preclner. The polls will
be open from 8:00 a.m. to 8.'~ p.m. for the purpose of voting. All polling places are handicap-accessible, any
questions, please call the Clerk's Office at 208-253-4561.
ADAMS
SAMPLE BALLOT
SOIL & WATER CONSERVATION DISTRICT
ADAMS COUNTY, IDAHO
Gary Johnson
Po~ Vlo~ Pr~idem
Bill Weht
[]
05~te~t)
Evan McMulli~
Vim P~Imr t
Nathau Daniel Jo~
[]
~d~m~d~aO
Jill Stein
Fee Vice ~xt
Ajama Bereka
t3hm Mo~v may~,r~
[]
Donald J. Trump
For ~ Preeideat
M~,aeI R. Pe~c*
(Wr~te.iu)
[]
For Vice Pre~de2at []
F,rt Pre~d~U~ ~
FOR ]JgGI~{V~ DISTRICT NO, 9
FOR 8 TATE. P~ATIVR
P~ A
C~ote tot 0~)
I~/~ Oool~by flDem~rttic)
Ry~n Km~y (Reputmean) []
(Write-i=) ....................................... []
FOR LEGK~LATI3r~ DISTRIGT NO. S
FOR STATR BI~PlRE.'~I~NTa'I'IV~
Pe~tio~ B
(Vete far One)
Judy Boyh (Re~uhl~) [_~
Allen Schndd (Democratic)~ I
fWrite-in) ....................................... []
NOVEMBER 8, 2016
INSTRUCTIONS: Vote for such candidate(s) as you desire by placing an X in the small squm~ at the right of the
• name(s), or by writing in the name(s) of the penum(s) you desire to vote f~, and place an X in the ~luare at the
right of their name.
CANDIDATES FOR ADAMS SOIL & WATER CONSERVATION DISTRICT
SUPERVISOR
(4 YEAR TERM)
(Vote for Two)
wenay Green ......... ........................................... ................................................ []
Jttlia Bllrk~t ............................ : ....................................................................... []
................................................ ]
(write-m) ................................................ []
(wn -h)
Published in the Adams County Record on November 02, 2016
¢I.
Pt~blished fn the Adams County Record on November 02, 2016