2005 Legislation
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HOUSE BILL NO. 365 – Rules, agency, continued

HOUSE BILL NO. 365

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Bill Status



H0365.....................................................by WAYS AND MEANS
RULES - Adds to existing law to provide that administrative rules that
expire on July 1, 2005, will continue to be effective until July 1, 2006;
to provide that administrative rules approved or extended by the adoption
of a concurrent resolution shall be effective until July 1, 2006, 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.
                                                                        
03/21    House intro - 1st rdg - to printing
03/22    Rpt prt - to 2nd rdg
03/23    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 69-1-0
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson(Barker),
      Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood,
      Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher,
      Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Nielsen,
      Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Wood, Mr. Speaker
      NAYS -- Moyle
      Absent and excused -- None
    Floor Sponsor - Clark
    Title apvd - to Senate
03/24    Senate intro - 1st rdg - to St Aff
03/30    Rpt out - rec d/p - to 2nd rdg
    Rls susp - PASSED - 34-1-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- Schroeder
      Absent and excused -- None
    Floor Sponsor - Davis
    Title apvd - to House
03/31    To enrol - Rpt enrol - Sp signed
04/01    Pres signed
04/04    To Governor
04/11    Governor signed
         Session Law Chapter 344
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 365
                                                                        
                                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, 2006; CONTINUING RULES APPROVED OR EXTENDED BY ADOP-
  4        TION OF A CONCURRENT RESOLUTION  OF  THE  FIRST  REGULAR  SESSION  OF  THE
  5        FIFTY-EIGHTH  IDAHO  LEGISLATURE  IN  FULL  FORCE AND EFFECT UNTIL JULY 1,
  6        2006, 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, 2005, 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, 2006, 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-eighth Idaho Legislature shall continue
 22    in  full  force and effect in such approved or extended language until July 1,
 23    2006, 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-eighth 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, 2006, 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 15115

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, 2006, unless they expire sooner.



                           FISCAL NOTE

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




Contact
Name:  Mike Nugent, Legislative Services 
Phone: (208) 334-2475




STATEMENT OF PURPOSE/FISCAL NOTE                      H 365