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SCR116.....................................................by STATE AFFAIRS
ADMINISTRATIVE RULES - Stating findings of the Legislature and approving
and extending temporary rules reviewed by the Legislature, with exceptions.
03/08 Senate intro - 1st rdg - to printing
03/09 Rpt prt - to 10th Ord
03/10 10th Ord - ADOPTED - voice vote
Floor Sponsor - Malepeai
Title apvd - to House
03/11 House intro - 1st rdg - to St Aff
03/17 Rpt out - rec d/p - to 2nd rdg
03/18 2nd rdg - to 3rd rdg
03/21 3rd rdg - ADOPTED - 60-2-8
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bilbao,
Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow,
Deal, Denney, Edmunson(Barker), Ellsworth, Field(18), Field(23),
Garrett, Hart, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour,
Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell,
Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo,
Roberts, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
Wills, Wood, Mr. Speaker
NAYS -- Moyle, Sali
Absent and excused -- Bayer, Bedke, Bell, Black, Eskridge, Harwood,
Henbest, Rydalch
Floor Sponsor - Hart
Title apvd - To Senate
03/22 To enrol
03/23 Rpt enrol - Pres signed
03/24 Sp signed
03/25 To Secretary of State
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE CONCURRENT RESOLUTION NO. 116
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-eighth 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 2005 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 rules:
22 IDAPA 07.07.01, rules of the Division of Building Safety relat-
23 ing to rules governing installation of heating, ventilation, and air
24 conditioning systems, Section 005 pertaining to adoption and incorpo-
25 ration by reference of the International Fuel Gas Code, 2003 Edition,
26 Subsections 01.d and 01.i only, and Section 006 pertaining to adop-
27 tion and incorporation by reference of Parts V (mechanical) and Parts
28 VI (fuel gas) of the International Residential Code for One and Two-
29 Family Dwellings, 2003 Edition, Subsections 01.e and 01.i only, rules
30 of the Division of Building Safety, adopted as temporary rules under
31 Docket Number 07-0701-0501.
32 IDAPA 16.03.09, rules of the Department of Health and Welfare
33 governing the medical assistance program, adopted as temporary rules
34 under Docket Number 16-0309-0501, the entire rulemaking docket.
35 IDAPA 25.01.01, rules of the Outfitters and Guides Licensing
36 Board relating to skiing, non-hazardous and hazardous terrain outfit-
37 ter, designated agent, ski guide and ski guide trainee, adopted as
38 temporary rules under Docket Number 25-0101-0401, the entire rulemak-
39 ing docket.
40 BE IT FURTHER RESOLVED that a temporary rule or partial temporary
2
1 rule approved by this concurrent resolution shall remain in effect until
2 it expires by its own terms or by operation of law or until it is
3 replaced by a final rule, but in no event shall a temporary rule remain
4 in effect beyond the conclusion of the Second Regular Session of the
5 Fifty-eighth Idaho Legislature unless it is further extended by adoption
6 of a concurrent resolution by both houses of the Legislature. Temporary
7 rules or sections of temporary rules which are excepted from approval
8 hereunder or which were not submitted to the Legislature for review dur-
9 ing the 2005 legislative session shall expire by operation of statute
10 upon adjournment of the First Regular Session of the Fifty-eighth Idaho
11 Legislature, unless approved by adoption of a separate concurrent resolu-
12 tion by both houses of the Legislature.
STATEMENT OF PURPOSE
RS 15104
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 exceptions.
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, beyond the scope or impact of the individual rules
themselves. By adopting this concurrent resolution, the
Legislature avoids having necessary agency rules expire, which
would occasion additional expense to state agencies for re-
adopting and republishing temporary rules needed to conduct state
business.
Contact: Carl Bianchi
Director of Legislative Services
334 - 2475
STATEMENT OF PURPOSE/FISCAL NOTE SCR 116