1998 Legislation
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HOUSE BILL NO. 828 – Administrative Rules, effect cont

HOUSE BILL NO. 828

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Daily Data Tracking History



H0828.....................................................by WAYS AND MEANS
ADMINISTRATIVE RULES - Adds to existing law to provide that administrative
rules that expire on July 1, 1998, will continue to be effective until July
1, 1999; to provide that administrative rules approved, modified, amended
or extended by the adoption of a concurrent resolution shall be effective
until July 1, 1999, or until such time as they shall expire; to provide
that rules rejected by concurrent resolution shall be null, void and of no
force and effect; and authorizing agencies to amend or repeal certain rules
pursuant to the Administrative Procedure Act.

03/13    House intro - 1st rdg - to printing
03/16    Rpt prt - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/18    3rd rdg - PASSED - 62-0-8
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow,
      Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
      Gould, Hadley, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22),
      Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
      Linford, Loertscher, Mader, Marley, Meyer, Miller, Mortensen,
      Newcomb, Pomeroy, Reynolds, Richman, Ridinger, Robison, Sali,
      Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman, Trail,
      Watson, Wood, Mr Speaker
      NAYS -- none
      Absent and excused -- Black(15), Crane, Hansen, McKague, Pischner,
      Tippets, Wheeler, Zimmermann
    Floor Sponsor - Newcomb
    Title apvd - to Senate
03/19    Senate intro - 1st rdg - to Jud
03/19    Rpt out - rec d/p - to 2nd rdg
03/20    2nd rdg - to 3rd rdg
03/20    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Diede, Dunklin, Frasure, Geddes, Hansen,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
      Sweeney, Thorne, Twiggs, Wheeler, Whitworth
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Risch
    Title apvd - to House
03/23    To enrol - rpt enrol - Sp signed
03/24    Pres signed - to Governor
03/25    Governor signed
         Session Law Chapter 381
         Effective: 07/01/98

Bill Text


H0828


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 828

                               BY WAYS AND MEANS COMMITTEE

 1                                        AN ACT
 2    RELATING TO ADMINISTRATIVE RULES; CONTINUING CERTAIN RULES IN FULL  FORCE  AND
 3        EFFECT UNTIL JULY 1, 1999; CONTINUING RULES APPROVED, MODIFIED, AMENDED OR
 4        EXTENDED BY ADOPTION OF A CONCURRENT RESOLUTION OF THE SECOND REGULAR SES-
 5        SION  OF THE FIFTY-FOURTH IDAHO LEGISLATURE IN FULL FORCE AND EFFECT UNTIL
 6        JULY 1, 1999 OR UNTIL SUCH TIME AS THEY SHALL EXPIRE; PROVIDING THAT RULES
 7        REJECTED BY CONCURRENT RESOLUTION SHALL BE NULL, VOID AND OF NO FORCE  AND
 8        EFFECT;  AUTHORIZING AGENCIES TO AMEND OR REPEAL CERTAIN RULES PURSUANT TO
 9        THE ADMINISTRATIVE PROCEDURE ACT AND DECLARING THE EFFECT OF THIS ACT UPON
10        ADMINISTRATIVE RULES; AND PROVIDING SEVERABILITY.

11    Be It Enacted by the Legislature of the State of Idaho:

12        SECTION 1.  Except as provided in Sections 2, 3 and 4 of this  act,  every
13    rule,  as  that  term  is  defined  in Section 67-5201, Idaho Code, that would
14    expire on July 1, 1998, pursuant to the provisions of subsections (1) and  (2)
15    of  Section 67-5292, Idaho Code, shall continue in full force and effect until
16    July 1, 1999, at which time they shall expire as provided in Section  67-5292,
17    Idaho Code.

18        SECTION  2.  All  rules, as that term is defined in Section 67-5201, Idaho
19    Code, which have been affirmatively approved, modified, amended or extended by
20    the adoption of a Concurrent Resolution by both the Senate and  the  House  of
21    Representatives in the Second Regular Session of the Fifty-fourth Idaho Legis-
22    lature  shall  continue  in  full force and effect in such approved, modified,
23    amended or extended language until July 1, 1999,  at  which  time  they  shall
24    expire  as provided in Section 67-5292, Idaho Code, or until such earlier time
25    as provided in the rule or as otherwise provided by  statute,  unless  further
26    extended by statute.

27        SECTION  3.  All  rules, as that term is defined in Section 67-5201, Idaho
28    Code, which have been rejected by the adoption of a Concurrent  Resolution  by
29    both  the  Senate and the House of Representatives in the Second  Regular Ses-
30    sion of the Fifty-fourth Idaho Legislature shall be null, void and of no force
31    and effect as provided in Section 67-5291, Idaho Code.

32        SECTION 4.  Nothing contained in this act shall be deemed to  prohibit  an
33    agency,  as that term is defined in Section 67-5201, Idaho Code, from amending
34    or repealing rules which have been continued in full force  and  effect  until
35    July  1, 1999, pursuant to Sections 1 and 2 of this act, according to the pro-
36    cedures contained in Chapter 52, Title 67, Idaho Code, and subject to  submis-
37    sion  to  the  Legislature  for  approval. Nothing contained in this act shall
38    endow any administrative rule continued in full force and  effect  under  this
39    act  with  any more legal stature than that of an administrative rule. Nothing
40    contained in this act shall be deemed to be a legislative approval of any rule
41    whose force and effect has been extended by this act,  and  nothing  contained


                                          2

 1    herein  shall  constitute  a  legislative  finding that any of the rules whose
 2    force and effect have been extended hereunder are consistent with the legisla-
 3    tive intent of the statute(s) pursuant to which they were promulgated.

 4        SECTION 5.  SEVERABILITY.  The provisions of this act are hereby  declared
 5    to  be  severable  and if any provision of this act or the application of such
 6    provision to any person or circumstance is declared invalid  for  any  reason,
 7    such  declaration  shall  not affect the validity of the remaining portions of
 8    this act.

Statement of Purpose / Fiscal Impact


    





                          STATEMENT OF PURPOSE
    
                                RS08090
    
    Relating to Administrative Rules; continuing certain rules in full 
    force and effect until July 1, 1999; continuing rules approved, 
    modified, amended or extended by adoption of a Concurrent 
    Resolution of the Second Regular Session of the Fifty-Fourth Idaho 
    Legislature in full force and effect until July 1, 1999 or until 
    such time as they shall expire; providing that rules rejected by 
    Concurrent Resolution shall be null, void and of no force and 
    effect.
    
                              FISCAL NOTE
    
    None
    
    CONTACT: Mike Nugent
             Legislative Services
             334-2475
    
    STATEMENT OF PURPOSE/ FISCAL NOTE
    
    Bill No. H828