1999 Legislation
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HOUSE BILL NO. 363 – Administrative rules, effect cont

HOUSE BILL NO. 363

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Daily Data Tracking History



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

Bill Text


H0363


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN 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 / Fiscal Impact


                         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