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H0857.....................................................by WAYS AND MEANS
RULES - Adds to existing law to provide that administrative rules that
expire on July 1, 2006, will continue to be effective until July 1, 2007;
to provide that administrative rules approved or extended by the adoption
of a concurrent resolution shall be effective until July 1, 2007, 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.
03/29 House intro - 1st rdg - to printing
03/30 Rpt prt - to 2nd rdg
Rls susp - PASSED - 57-9-4
AYES -- Anderson, Andrus, Bastian, Bayer, Bedke, Bell, Bilbao, Black,
Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark,
Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Hart, Henbest, Henderson, Jaquet,
Kemp, Lake, LeFavour, Martinez, Miller, Mitchell, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ringo, Roberts, Rusche, Rydalch,
Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen,
Smith(30), Smith(24), Snodgrass, Stevenson, Trail, Wills
NAYS -- Barraclough, Barrett, Harwood, Loertscher, Mathews, McKague,
Moyle, Sali, Wood
Absent and excused -- McGeachin, Ring, Smylie, Mr. Speaker
Floor Sponsor - Ellsworth
Title apvd - to Senate
03/31 Senate intro - 1st rdg - to St Aff
04/03 Rpt out - rec d/p - to 2nd rdg
04/04 2nd rdg - to 3rd rdg
Rls susp - PASSED - 32-1-2
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Davis, Fulcher, Gannon,
Geddes, Goedde, Hill, Jorgenson, Kelly, Langhorst, Little, Lodge,
Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Stegner,
Stennett, Sweet, Werk, Williams
NAYS -- Schroeder
Absent and excused -- Darrington, Keough
Floor Sponsor - President Pro Tempore Geddes
Title apvd - to House
04/05 To enrol - Rpt enrol - Sp signed - Pres signed
To Governor
04/11 Governor signed
Session Law Chapter 425
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 857 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, 2007; 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 2007, 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, 2006, 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, 2007, 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-eighth Idaho Legislature shall con- 22 tinue in full force and effect in such approved or extended language until 23 July 1, 2007, 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-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, 2007, 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 16269
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, 2007, 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 857