2005 Legislation
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SENATE CONCURRENT RESOLUTION NO. 116 – Agency rules, temporary, approved


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Bill Status

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

Bill Text

  ]]]]              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
  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
  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 / Fiscal Impact

                      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

Contact:  Carl Bianchi
          Director of Legislative Services
          334 - 2475

STATEMENT OF PURPOSE/FISCAL NOTE                       SCR 116