House

Joint Resolution 5
2016 Freedom Index Score (+1)
Analyst: Lindsay Russell Dexter
Date: March 15, 2016

ANALYSTS NOTE: House Joint Resolution 5 is a constitutional amendment that will provide the Idaho
legislature the authority to approve or reject administrative rules. Additionally, any decision to approve
or reject proposed rules is not subject to a gubernatorial veto.

Point No. 11: Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho
Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private
property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S.
Constitution or the Idaho Constitution?

ANALYSIS: Under Idahos Administrative Procedure Act the legislature has the ability to approve
or reject administrative rules. However, HJR 5 would solidify the Legislatures authority to
approve or reject rules with an Idaho Constitutional amendment. Included in the amendment is a
provision that states approved or rejected rules are not subject to gubernatorial veto. HJR 5 will
provide legislative oversight over rules promulgated by the executive branch of government. (+1)