During the 2024 legislative session, the Idaho Legislature passed legislation that impacts the rules process.
H563, among other things, requires agencies to consider moving rules to statute if there is a benefit to having all related requirements in a single location and there are not frequent changes to the rules. In addition, H626 changes how court shall interpret laws or rules by removing the deference to agency’s interpretation.
In response to these laws, Labor is proposing legislation to move significant parts of rule into Idaho Code. The intent is to ensure the unemployment insurance program continues to operate as is currently structured. Below is the draft legislation Labor plans to propose during the 2025 legislative session. There is also a section-by-section analysis that details the rules being moved to statute.
Labor is also participating in the Zero Based Rules review and intends to delete additional rules that are no longer necessary.
Draft legislation
- Full proposed legislation text.
- Section 1. Amending Section 45–617. Administrative proceedings for wage claims.
- Section 2. Adding a new section 72–1303A. Able and available for suitable work.
- Section 3. Amending Section 72–1304. Agricultural labor.
- Section 4. Amending Section 72–1306. Base periods.
- Section 5. Adding a new section 72–1311a. Compelling personal circumstances.
- Section 6. Amending Section 72–1312a. Corporate Officer–employment.
- Section 7. Amending Section 72–1315. Covered employer.
- Section 8. Amending Section 72–1316. Covered employment.
- Section 9. Amending Section 72–1316A. Exempt employment.
- Section 10. Adding a new section 72–1316B. Full-time employment.
- Section 11. Amending section 72–1319. Eligible employer.
- Section 12. Adding a new section 72–1326. Reportable income.
- Section 13. Amending Section 72–1327a. Valid claim.
- Section 14. Amending Section 72–1328. Wages.
- Section 15. Adding a new section 72–1328a. Board, lodging, and meals.
- Section 16. Adding a new section 72–1330b. Workplace misconduct.
- Section 17. Amending Section 72–1337. Records and reports.
- Section 18. Amending Section 72–1342. Disclosure of information.
- Section 19. Amending Section 72–1349. Payment of contributions–limitation of actions.
- Section 20. Amending Section 72–1349b. Financing of benefits payments by professional employers and their clients.
- Section 21. Amending Section 72–1350. Taxable wage base and taxable wage rates.
- Section 22. Amending Section 72–1351. Experience rating and voluntary transfers of experience rating accounts.
- Section 23. Amending Section 72–1351A. Mandatory transfers of experience rating accounts and federal conformity provisions regarding transfers of experience and assignment of rates.
- Section 24. Amending Section 72–1352a. Corporate officers–exemption from coverage–notification–reinstatement.
- Section 25. Amending Section 72–1357. Adjustments and refunds.
- Section 26. Amending Section 72–1365. Payment of benefits.
- Section 27. Amending Section 72–1366. Personal eligibility conditions.
- Section 28. Amending Section 72–1367. Benefit formula.
- Section 29. Amending Section 72–1367a. Extended benefits.
- Section 30. Amending Section 72–1368. Claims for benefits – appellate procedure – limitation of actions.
- Section 31. Amending Section 72–1374. Unauthorized disclosure of information.