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H0630.....................................................by WAYS AND MEANS
ADMINISTRATIVE RULES - Adds to existing law to provide that administrative
rules that expire on July 1, 2008, will continue to be effective until July
1, 2009; to provide that administrative rules approved or extended by the
adoption of a Concurrent Resolution shall be effective until July 1, 2009,
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.
03/11 House intro - 1st rdg - to printing
03/12 Rpt prt - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
Rls susp - PASSED - 61-1-8
AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Black, Block, Bock,
Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez, Collins,
Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henderson, Jaquet,
Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker,
Marriott, Mathews, McGeachin, Mortimer, Nielsen, Pasley-Stuart,
Pence, Raybould, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
Shepherd(02), Shepherd(08), Shirley, Shively, Smith(30), Smith(24),
Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude, Wood(27),
Wood(35), Mr. Speaker
NAYS -- Moyle
Absent and excused -- Bedke, Bilbao, Chew, Clark, Henbest, Nonini,
Patrick, Wills
Floor Sponsor - Roberts
Title apvd - to Senate
03/13 Senate intro - 1st rdg - to St Aff
03/24 Rpt out - rec d/p - to 2nd rdg
03/25 2nd rdg - to 3rd rdg
04/01 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
Coiner, Corder, Darrington, Davis, Fulcher, Gannon(Gannon), Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai(Sagness), McGee, McKague, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Burkett, McKenzie
Floor Sponsor - President Pro Tempore Geddes
Title apvd - to House - to enrol
04/02 Rpt enrol - Sp signed - Pres signed
04/03 To Governor
04/09 Governor signed
Session Law Chapter 386
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 630 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, 2009; CONTINUING RULES APPROVED OR EXTENDED BY ADOP- 4 TION OF A CONCURRENT RESOLUTION OF THE SECOND REGULAR SESSION OF THE 5 FIFTY-NINTH IDAHO LEGISLATURE IN FULL FORCE AND EFFECT UNTIL JULY 1, 2009, 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, 2008, 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, 2009, 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-ninth Idaho Legislature shall continue 22 in full force and effect in such approved or extended language until July 1, 23 2009, 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 Ses- 29 sion of the Fifty-ninth Idaho Legislature shall be null, void and of no force 30 and 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, 2009, 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 18075
This resolution, better known as the "drop dead bill", continues
certain administrative rules in full force and effect until
July 1, 2009.
FISCAL NOTE
This bill has no fiscal impact on the state general fund or any
other state or local funds.
Contact
Name: Lawerence Denney, Speaker of the House
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 630