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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
H0828|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN 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
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