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SCR136.....................................................by STATE AFFAIRS
ADMINISTRATIVE RULES - TEMPORARY - Stating findings of the Legislature and
approving and extending state agency temporary rules that would otherwise
expire at the end of the 1999 Legislative Session, with exceptions.
03/02 Senate intro - 1st rdg - to printing
03/03 Rpt prt - to 10th Ord
03/04 10th ord - ADOPTED - voice vote
Title apvd - to House
03/05 House intro - 1st rdg - to St Aff
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/18 3rd rdg - ADOPTED, voice vote
Title apvd - to Senate
03/19 To enrol - rpt enrol - Pres signed
03/22 Sp signed
03/23 To Secretary of State
SCR136|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE CONCURRENT RESOLUTION NO. 136 BY STATE AFFAIRS COMMITTEE 1 A CONCURRENT RESOLUTION 2 STATING LEGISLATIVE FINDINGS AND APPROVING AND EXTENDING TEMPORARY RULES 3 REVIEWED BY THE LEGISLATURE, WITH EXCEPTIONS. 4 Be It Resolved by the Legislature of the State of Idaho: 5 WHEREAS, the Legislature by statute must approve temporary rules by adop- 6 tion of a concurrent resolution approving the rule if the temporary rule is to 7 remain in effect beyond the end of the current legislative session; and 8 WHEREAS, the expiration of temporary rules would occasion additional 9 expense to state agencies in readopting and republishing temporary rules 10 needed to conduct state business; and 11 WHEREAS, the Legislature finds that it is in the public interest to adopt 12 this resolution. 13 NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session 14 of the Fifty-fifth Idaho Legislature, the Senate and the House of Representa- 15 tives concurring therein, that all temporary rules adopted by state agencies 16 pursuant to the Administrative Procedure Act and submitted to the Legislature 17 at the Legislature's request through the Office of Rules Coordinator for 18 review during the 1999 legislative session, and all temporary rules previously 19 approved and extended by concurrent resolution adopted in a prior regular ses- 20 sion of the Idaho Legislature, be, and the same are approved, with the excep- 21 tion of the following enumerated temporary rule sections: 22 (1) IDAPA 12.01.10, the entire chapter, including all sections and sub- 23 sections therein, rules of the Department of Finance relating to the Idaho 24 Residential Mortgage Practices Act, adopted as a temporary rule and as an 25 amended temporary rule under Docket Number 12-0110-9801. 26 (2) IDAPA 39.03.01, rules of the Idaho Transportation Department relating 27 to repealing rules in the Idaho Administrative Code dealing with highway 28 matters and replacing those rules with a permit conditions manual that 29 would be incorporated by reference into the Idaho Administrative Code, 30 adopted as a temporary rule under Docket Number 39-0301-9802, and the 31 repeal of certain portions of the Idaho Administrative Code dealing with 32 highway matters, adopted as temporary rules under Docket Number 33 39-0301-9801 and Docket Numbers 39-0305-9801 through and including Docket 34 Number 39-0325-9801. 35 (3) IDAPA 31.42.01, Sections 401 through and including Section 411, rules 36 of the Idaho Public Utilities Commission relating to interconnection and 37 access standards for facilities-based telephone corporations that provide 38 basic local service in new telecommunications development areas, adopted 39 as a temporary rule under Docket Number 31-4201-9801. 40 (4) IDAPA 13.01.08, Section 421, Subsection 01 only, rules of the Idaho 41 Fish and Game Commission relating to mandatory deer and elk report 42 requirements, adopted as a temporary rule under Docket Number 43 13-0108-9802, and IDAPA 13.01.15, Idaho Fish and Game Commission relating 44 to the use of dogs, adopted as a temporary rule under Docket Number 2 1 13-0115-9801. 2 (5) IDAPA 16.03.09, Section 003., Subsection 55.d. concerning computer- 3 ized communication devices and Subsection 65 concerning speech/language 4 pathology and audiology services, rules of the Department of Health and 5 Welfare relating to medical assistance definitions, adopted as a temporary 6 rule under Docket Number 16-0309-9809. 7 A temporary rule or partial temporary rule approved by this concurrent 8 resolution shall remain in effect until it expires by its own terms or by 9 operation of law or until it is replaced by a final rule, but in no event 10 shall a temporary rule remain in effect beyond the conclusion of the Second 11 Regular Session of the Fifty-fifth Idaho Legislature unless it is further 12 extended by adoption of a concurrent resolution by both houses of the Legisla- 13 ture. Temporary rules or sections of temporary rules which are excepted from 14 approval hereunder or which were not submitted to the Legislature for review 15 during the 1999 legislative session shall expire by operation of statute upon 16 adjournment of the First Regular Session of the Fifty-fifth Idaho Legislature, 17 unless approved by adoption of a separate concurrent resolution by both houses 18 of the Legislature.
STATEMENT OF PURPOSE
RS 09169
Temporary rules adopted by state agencies under the Administrative
Procedure Act, by statute expire at the end of the current
legislative session. This concurrent resolution would approve and
extend agency temporary rules beyond the current session, with the
exception of those individually enumerated rules that a standing
legislative committee has requested not be extended.
FISCAL NOTE
Adoption of this concurrent resolution, in and of itself, would
have no fiscal impact upon any state or local government funds or
accounts. By adopting this concurrent resolution, the Legislature
avoids having necessary agency rules expire, which would occasion
additional expense to state agencies for readopting and
republishing temporary rules needed to conduct state business.
CONTACT: Carl Bianchi
Director of Legislative Services
334-2475
STATEMENT OF PURPOSE/FISCAL NOTE SCR136