Boise, Idaho
In the capital of the potato state, lawmakers have a power that few of their peers enjoy: They can review, and reject, new regulations coming out of executive-branch agencies. This has saved Idahoans from a slew of laughable and business-unfriendly restrictions.
At the start of each legislative session, lawmakers spend weeks examining every proposed new regulation. They have the power to unilaterally veto, without needing the governor’s signature, any rule they dislike. Last winter they nixed a proposal from the Idaho State Police requiring bars to sell at least 20 drinks a week to keep their liquor licenses. Legislative oversight last year also helped kill a rule from the Transportation Department mandating that auto dealers be open 20 hours a week. In 2013, lawmakers rejected regulations from the Department of Administration to restrict public protests and events at the capitol and surrounding grounds.
The trick is that there’s nothing in the state constitution that specifically gives the legislature this power to review new regulations. Though the process is routine by this point, it hangs by the thread of a divided 1990 ruling of the state Supreme Court, which held 3-2 that lawmakers have the authority to veto executive-branch proposals. Lawmakers worry that at any time the precedent could be flipped.
Idaho voters may fix that on Nov. 8. This year’s ballot includes a constitutional amendment that would enshrine lawmakers’ right to review regulations and second-guess agencies that misinterpret duly enacted statutes.
A similar proposal on the 2014 ballot was defeated by only 1% of the vote. But that year, backers of the idea took public support for granted. They didn’t mount a campaign on its behalf, and the amendment received little media attention. This time, lawmakers are actively trying to win at the ballot box.
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