2001 Legislation
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HOUSE BILL NO. 338 – Administrative rules, effect cont

HOUSE BILL NO. 338

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Daily Data Tracking History



H0338.....................................................by WAYS AND MEANS
ADMINISTRATIVE RULES - Adds to existing law to provide that administrative
rules that expire on July 1, 2001, will continue to be effective until July
1, 2002; to provide that administrative rules approved or extended by the
adoption of a concurrent resolution shall be effective until July 1, 2002,
or until such time as they 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.
                                                                        
02/28    House intro - 1st rdg - to printing
03/01    Rpt prt - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/05    3rd rdg - PASSED - 67-0-3
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
      Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
      Moss, Moyle, Pearce, Pischner, Pomeroy, Ridinger, Roberts, Robison,
      Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone,
      Swan, Tilman, Trail, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Black, Raybould, Wheeler
    Floor Sponsors -- Kunz & Henbest
    Title apvd - to Senate
03/06    Senate intro - 1st rdg - to St Aff
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/20    3rd rdg - PASSED - 32-1-2
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Goedde, Hawkins, Ingram, Ipsen, King-Barrutia, Lee, Lodge, Noh,
      Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Williams,
      NAYS -- Keough
      Absent and excused -- Brandt, Whitworth
    Floor Sponsor -- Geddes
    Title apvd - to House
03/21    To enrol
03/22    Rpt enrol - Sp signed - Pres signed - to Gov
03/26    Governor signed
         Session Law Chapter 187
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 338
                                                                        
                                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, 2002; CONTINUING RULES APPROVED OR EXTENDED BY ADOP-
  4        TION OF A CONCURRENT RESOLUTION  OF  THE  FIRST  REGULAR  SESSION  OF  THE
  5        FIFTY-SIXTH  IDAHO LEGISLATURE IN FULL FORCE AND EFFECT UNTIL JULY 1, 2002
  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, 2001, 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, 2002, 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-sixth Idaho Legislature shall  continue
 22    in  full  force and effect in such approved or extended language until July 1,
 23    2002, 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-sixth 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, 2002, 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 11183
 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: Speaker Bruce Newcomb 
Phone: (208) 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE	H 338