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H0363.....................................................by WAYS AND MEANS
ADMINISTRATIVE RULES - Adds to existing law to provide that administrative
rules that expire on July 1, 1999, will continue to be effective until July
1, 2000; to provide that administrative rules approved or extended by the
adoption of a concurrent resolution shall be effective until July 1, 2000,
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.
03/10 House intro - 1st rdg - to printing
03/11 Rpt prt - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
Rules susp - PASSED - 63-0-7
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bieter, Black,
Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Hadley,
Hammond, Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg,
Kempton, Kendell, Kunz, Lake, Limbaugh, Linford, Loertscher, Mader,
Marley, McKague, Montgomery, Mortensen, Moyle, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith,
Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Watson, Wheeler,
Williams, Wood, Zimmermann
NAYS -- None
Absent and excused -- Bell, Gould, Hansen(23), Meyer, Smylie,
Tippets, Mr Speaker
Floor Sponsor - Bruneel
Title apvd - to Senate
03/15 Senate intro - 1st rdg - to St Aff
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
Rules susp - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry
Floor Sponsor - Risch
Title apvd - to House
03/18 To enrol
03/19 Rpt enrol - Sp signed - Pres signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 258
Effective: 07/01/99
H0363|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 363 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, 2000; CONTINUING RULES APPROVED OR EXTENDED BY ADOP- 4 TION OF A CONCURRENT RESOLUTION OF THE SECOND REGULAR SESSION OF THE 5 FIFTY-FOURTH IDAHO LEGISLATURE IN FULL FORCE AND EFFECT UNTIL JULY 1, 2000 6 OR UNTIL SUCH TIME AS THEY SHALL EXPIRE; PROVIDING THAT RULES REJECTED BY 7 CONCURRENT RESOLUTION SHALL BE NULL, VOID AND OF NO FORCE AND EFFECT; 8 AUTHORIZING AGENCIES TO AMEND OR REPEAL CERTAIN RULES PURSUANT TO THE 9 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, 1999, 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, 2000, 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 or extended by the adoption of a 20 Concurrent Resolution by both the Senate and the House of Representatives in 21 the First Regular Session of the Fifty-fifth Idaho Legislature shall continue 22 in full force and effect in such approved or extended language until July 1, 23 2000, at which time they shall expire as provided in Section 67-5292, Idaho 24 Code, or until such earlier time as provided in the rule or as otherwise pro- 25 vided by statute, unless further extended by statute. 26 SECTION 3. All rules, as that term is defined in Section 67-5201, Idaho 27 Code, which have been rejected by the adoption of a Concurrent Resolution by 28 both the Senate and the House of Representatives in the First Regular Session 29 of the Fifty-fifth Idaho Legislature shall be null, void and of no force and 30 effect as provided in Section 67-5291, Idaho Code. 31 SECTION 4. Nothing contained in this act shall be deemed to prohibit an 32 agency, as that term is defined in Section 67-5201, Idaho Code, from amending 33 or repealing rules which have been continued in full force and effect until 34 July 1, 2000, pursuant to Sections 1 and 2 of this act, according to the pro- 35 cedures contained in Chapter 52, Title 67, Idaho Code, and subject to submis- 36 sion to the Legislature for approval. Nothing contained in this act shall 37 endow any administrative rule continued in full force and effect under this 38 act with any more legal stature than that of an administrative rule. Nothing 39 contained in this act shall be deemed to be a legislative approval of any rule 40 whose force and effect has been extended by this act, and nothing contained 41 herein shall constitute a legislative finding that any of the rules whose 2 1 force and effect have been extended hereunder are consistent with the legisla- 2 tive intent of the statute(s) pursuant to which they were promulgated. 3 SECTION 5. SEVERABILITY. The provisions of this act are hereby declared 4 to be severable and if any provision of this act or the application of such 5 provision to any person or circumstance is declared invalid for any reason, 6 such declaration shall not affect the validity of the remaining portions of 7 this act.
STATEMENT OF PURPOSE
RS 09113
While the Legislature has delegated authority to state agencies to adopt
rules consistent with legislative intent, the Legislature, under Section
67-5292, Idaho Code, has provided that all rules shall expire annually
on July 1 of each year, unless extended by statute in each succeeding
year.
This bill would carry out the process of keeping all rules :in effect
for the next fiscal year, until July 1, 2000, except those rules that
were rejected by concurrent resolution during the current legislative
session.
Fiscal Note
This bill would have no fiscal impact on the state general fund or any
other state or local funds.
Contact: Carl Bianchi
Director of Legislative Services
334-2475
STATEMENT OF PURPOSE/FISCAL NOTE H 363