As a state agency, the Idaho Commission for Libraries (ICfL) must conduct its business in accordance with the current Idaho Administrative Code. The Idaho Legislature did not reauthorize all existing administrative rules as they have done in the past. This requires executive administrative action to ensure existing rules remain in effect in Fiscal Year 2020. The Idaho Commission for Libraries has adopted temporary rules, and proposed rulemaking procedures have been initiated. The action is authorized pursuant to Section(s) 33-2503, Idaho Code.

Notice of Omnibus Rulemaking – Temporary and Proposed Rulemaking, for IDAPA 30, Title1, Chapter 1, Rules of the Idaho Commission for Libraries Governing the Use of Commission Services.

The current agency rules addressing the Digital Repository of State Publications (040) were promulgated in 2009. The ICfL has only received one agency exemption request since 2009 from Idaho Public Television due to copyrighted music issues. Under Governor Little’s Executive Order No. 2019-02 – Red Tape Reduction Act, each agency was asked to review its rules and look for ways to increase clarity and decrease words. The ICfL Commissioner’s approved this wording change at their June 6 Board meeting:

IDAPA 30
TITLE 01
CHAPTER 01

IDAPA 30 – IDAHO COMMISSION FOR LIBRARIES

30.01.01 – Rules of the Idaho Commission for Libraries
Governing the Use of Commission Services

  1. Digital Repository Of State Publications.

All state publications intended for distribution to the public must be deposited with the Commission according to Section 33-2505, Idaho Code. The Board may, however, grant exemptions from Section 33-2505, Idaho Code, for any publication or class of publications in the interest of economy and efficiency. Exemption requests may be made by state agencies or the State Librarian. Any formal Board action will be documented in the Board minutes and communicated to the requestor.

  1. Exemption Authority. The Board may grant exemptions from Section 33-2505, Idaho Code, in the interest of economy and efficiency.                                                                                                                                                     (5-8-09)

 

  1. Bases for Exemption. Exemptions include, but are not limited to:                                           (5-8-09)

 

  1. Any publication specifically exempted by statute; or                                                                    (5-8-09)

 

  1. Any publication or class of publications exempted by the Board.                                               (5-8-09)

 

  1. Exemption Requests. State agencies may petition for the exemption of a specific publication or a class of publications using approved forms provided by the Commission. The request shall:                                             (5-8-09)

 

  1. Name the requesting state agency and a designated contact;                                                       (5-8-09)

 

  1. Clearly identify the publication or class of publications; and                                                      (5-8-09)

 

  1. Explain the rationale for exemption.                                                                                                 (5-8-09)

 

  1. Request for Exemption by State Librarian. The State Librarian may request the exemption of a specific publication or a class of publications based on the ability of the Commission to capture or process said materials. The request shall:                (5-8-09)

 

  1. Name the publishing state agency;                                                                                                    (5-8-09)

 

  1. Clearly identify the publication or class of publications; and                                                      (5-8-09)

 

  1. Explain the rationale for exemption.                                                                                                 (5-8-09)

 

  1. Filing Exemption Requests. Exemption requests shall be filed with the Commission not less than sixty (60) days prior to a regularly scheduled Board meeting.                                                                                                                (5-8-09)

 

  1. Board Action on Exemption Requests. The Board shall grant or deny exemption requests, determine an expiration date, and provide written notification of its decision to the publishing state agency within thirty (30) days of its decision.          (5-8-09)

 

  1. Annual Report. The State Librarian shall submit an annual report of all exemptions to the Board.

                                                                                                                                                                                                 (5-8-09)

 

  1. Review of Exemptions. Exemptions shall be reviewed by the Board at least sixty (60) days prior to the expiration date. State agencies shall be notified by the Commission of any change in exemption status within thirty (30) days of Board action.                (5-8-09)

The Rules of the Idaho Commission for Libraries are available in the June, 2019 issue of the Idaho Administrative Bulletin, https://adminrules.idaho.gov/bulletin/.

The rules are open for public comment through July 22, 2019. Anyone may submit written comments regarding the ICfL’s proposed rules to me via email, fax, U.S. mail, or hand-delivered to the ICfL’s Boise office at 325 W. State Street.

The ICfL’s complete address, fax, and my email are:

Stephanie Bailey-White, Deputy State Librarian
Idaho Commission for Libraries
325 W. State St.
Boise, ID 83702

FAX: (208) 334-4016 Email: stephanie.bailey-white@libraries.idaho.gov

I am happy to answer any questions you may have about these proposed changes. Please feel free to contact me by phone, fax, or email.

Again, the deadline for public comment is extended to July 22, 2019. Thank you.