House again passes rules-review constitutional amendment that voters rejected in 2014

The House today voted 62-3 in favor of HJR 5, a constitutional amendment that also passed the Legislature unanimously in 2014 but was rejected by voters. The amendment ensures that the Legislature can review and reject agency administrative rules, without any possibility of veto by the governor. They do so already, but Rep. Tom Loertscher, R-Iona, said that’s only because an Idaho Supreme Court decision, and that could change with a future decision.

“This is a very important piece of legislation,” Loertscher told the House. “I think there was a lot of misinformation that was put out as to what the intention of the Legislature was … in doing this.” He added, “This is probably one of the most important things we’ll do this session, in making sure that we do this in our Constitution.”

Rep. Ron Nate, R-Rexburg, questioned whether a campaign had been organized to educate voters about the measure; Loertscher said that’ll happen, and lawmakers themselves will pay a key role.

In 2014, voters rejected HJR 2 by just under 5,000 votes. To amend the Idaho Constitution, a measure must pass the House and Senate by two-thirds votes plus receive a majority vote at the next general election.