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H0772.....................................................by WAYS AND MEANS
ADMINISTRATIVE RULES - Adds to existing law to provide that administrative
rules that expire on July 1, 2004, will continue to be effective until July
1, 2005; to provide that administrative rules approved or extended by the
adoption of a concurrent resolution shall be effective until July 1, 2005,
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 Procedures Act.
02/26 House intro - 1st rdg - to printing
02/27 Rpt prt - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 67-1-2
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Campbell, Cannon, Clark, Collins, Cuddy,
Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
McGeachin, McKague, Meyer, Miller, Mitchell, Naccarato, Nielsen,
Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
Wood, Mr. Speaker
NAYS -- Moyle
Absent and excused -- Bradford, Crow
Floor Sponsor - Ellsworth
Title apvd - to Senate
03/05 Senate intro - 1st rdg - to St Aff
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce,
Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk,
Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - President Pro Tem Geddes
Title apvd - to House
03/20 To enrol - Rpt enrol - Sp signed - Pres signed
03/22 To Governor
03/23 Governor signed
Session Law Chapter 275
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 772
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, 2005; CONTINUING RULES APPROVED OR EXTENDED BY ADOP-
4 TION OF A CONCURRENT RESOLUTION OF THE SECOND REGULAR SESSION OF THE
5 FIFTY-SEVENTH IDAHO LEGISLATURE IN FULL FORCE AND EFFECT UNTIL JULY 1,
6 2005, 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, 2004, 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, 2005, 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-seventh Idaho Legislature shall con-
22 tinue in full force and effect in such approved or extended language until
23 July 1, 2005, at which time they shall expire as provided in Section 67-5292,
24 Idaho Code, or until such earlier time as provided in the rule or as otherwise
25 provided 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-seventh 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, 2005, 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 14187
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 by
statute that all rules shall expire annually on July 1 of each
year, unless extended by statute in each succeeding year. This
bill would continue agency rules approved by the Legislature
until July 1, 2005, unless they expire sooner.
FISCAL IMPACT
This bill will 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 772