2000 Legislation
Print Friendly

HOUSE BILL NO. 756 – Administrative rules, effect cont

HOUSE BILL NO. 756

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0756.....................................................by WAYS AND MEANS
ADMINISTRATIVE RULES - Adds to existing law to provide that administrative
rules that expire on July 1, 2000, will continue to be effective until July
1, 2001; to provide that administrative rules approved or extended by the
adoption of a concurrent resolution shall be effective until July 1, 2001,
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
to authorize agencies to amend or repeal certain rules pursuant to the
Administrative Procedure Act.
                                                                        
03/17    House intro - 1st rdg - to printing
03/20    Rpt prt - to 2nd rdg
03/21    2nd rdg - to 3rd rdg
03/22    3rd rdg - PASSED - 66-3-1
      AYES -- Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel,
      Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
      Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
      Loertscher, Mader, Marley, Meyer, Mortensen, Moss, Moyle, Pearce,
      Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
      Stone, Taylor, Trail, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- Alltus, McKague, Montgomery
      Absent and excused -- Tilman
    Floor Sponsor - Black
    Title apvd - to Senate
03/23    Senate intro - 1st rdg - to St Aff
03/27    Rpt out - rec d/p - to 2nd rdg
03/28    2nd rdg - to 3rd rdg
03/30    3rd rdg - PASSED - 30-2-3
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Ingram,
      Ipsen, Keough, King-Barrutia, Lee, Noh, Parry, Richardson, Riggs,
      Risch, Sandy, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS--Hawkins, Whitworth
      Absent and excused--Danielson, McLaughlin, Schroeder
    Floor Sponsor - Darrington
    Title apvd - to House
03/31    To enrol
04/03    Rpt enrol - Sp signed
04/04    Pres signed - to Governor
04/14    Governor signed
         Session Law Chapter 382
         Effective: 07/01/00

Bill Text


 H0756
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                 Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 756
                                                                        
                                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, 2001; CONTINUING RULES APPROVED OR EXTENDED BY ADOP-
  4        TION OF A CONCURRENT RESOLUTION OF  THE  SECOND  REGULAR  SESSION  OF  THE
  5        FIFTY-FIFTH  IDAHO LEGISLATURE IN FULL FORCE AND EFFECT UNTIL JULY 1, 2001
  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, 2000, 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, 2001, 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 Second 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    2001,  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 Second 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, 2001, 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 09951

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.

                      FISCAL IMPACT

This bill would have no fiscal, impact on the state 
general fund or any other state or local funds.

Contact 
Name: Carl Bianchi, Director
Legislative Services
Phone: 208-334-2475

STATEMENT OF PURPOSE/FISCAL NOTE              H 756