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.
Draft legislation
- Full proposed legislation text.
- Section 1. Amending section 45–617. Administrative proceedings for wage claims.
- Section 2. New section 72–1303A. Able to work – available for suitable work.
- Section 3. Amending section 72–1304. Agricultural labor.
- Section 4. Repealing section 72–1306. Base periods.
- Section 5. New section 72–1306. Base periods.
- Section 6. New section 72–1311A. Compelling personal circumstances.
- Section 7. Amending section 72–1312A. Corporate Officer–employment.
- Section 8. Amending section 72–1315. Covered employer.
- Section 9. Amending section 72–1316. Covered employment.
- Section 10. Amending section 72–1316A. Exempt employment.
- Section 11. New section 72–1316B. Full-time employment.
- Section 12. Amending section 72–1319. Eligible employer.
- Section 13. New section 72–1326. Reportable income.
- Section 14. Amending section 72–1327A. Valid claim.
- Section 15. Amending section 72–1328. Wages.
- Section 16. New section 72–1328A. Board, lodging, and meals.
- Section 17. New section 72–1330A. Workplace misconduct.
- Section 18. Amending section 72–1337. Records and reports.
- Section 19. Amending section 72–1342. Disclosure of information.
- Section 20. Amending section 72–1349. Payment of contributions–limitation of actions.
- Section 21. Amending section 72–1349B. Financing of benefits payments by professional employers and their clients.
- Section 22. Amending section 72–1350. Taxable wage base and taxable wage rates.
- Section 23. Amending section 72–1351. Experience rating and voluntary transfers of experience rating accounts.
- Section 24. Amending section 72–1351A. Mandatory transfers of experience rating accounts and federal conformity provisions regarding transfers of experience and assignment of rates.
- Section 25. Amending section 72–1352A. Corporate officers–exemption from coverage–notification–reinstatement.
- Section 26. Amending section 72–1357. Adjustments and refunds.
- Section 27. Amending section 72-1365. Payment of benefits..
- Section 28. Amending section 72–1366. Personal eligibility conditions.
- Section 29. Amending section 72–1367. Benefit formula.
- Section 30. Amending section 72–1367A. Extended benefits.
- Section 31. Amending section 72–1368. Claims for benefits – appellate procedure – limitation of actions.
- Section 32. Amending section 72–1374. Unauthorized disclosure of information.
- Section 33. Amending section 1346A. Advances under Title XII of the Social Security Act to employment security fund – federal advance interest repayment fund.
- Section 34. Amending section 72-1372. Civil penalties.
- Section 35. Deletion of sections 09.01.01, rules of administrative procedure of the Department of Labor that were moved to statute.
- Section 36. Deletion 09.01.08, rules on disclosure of employment security information that was moved to statute.
- Section 37. Deletion of sections 09.01.30, Unemployment insurance benefits administration rules that were moved to statute.
- Section 38. Deletion of sections 09.01.35, Unemployment insurance tax administration rules that were moved to statute.
- Section 39. Emergency clause.