2006 Legislation
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SENATE CONCURRENT RESOLUTION NO. 129 – Agency rules, temporary, approved


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Bill Status

SCR129.....................................................by STATE AFFAIRS
AGENCY RULES - Stating findings of the Legislature and approving and
extending temporary rules reviewed by the Legislature, with exceptions.
03/06    Senate intro - 1st rdg - to printing
03/07    Rpt prt - to 10th Ord
03/08    10th Ord - ADOPTED - 28-3-4
      AYES -- Andreason(Hatch), Brandt, Bunderson, Burkett, Burtenshaw,
      Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon,
      Geddes, Goedde, Hill, Jorgenson, Kelly, Little, Lodge, Malepeai,
      McGee, McKenzie, Pearce, Richardson, Stegner, Sweet, Williams
      NAYS -- Broadsword, Keough, Schroeder
      Absent and excused -- Langhorst, Marley, Stennett, Werk
    Floor Sponsor - President Pro Tempore Geddes
    Title apvd - to House
03/09    House intro - 1st rdg - to Bus
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/24    3rd rdg - ADOPTED - voice vote
    Floor Sponsor - Snodgrass
    Title apvd - to Senate
03/27    To enrol
03/28    Rpt enrol - Pres signed
03/29    Sp signed
03/30    To Secretary of State

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                       IN THE SENATE
                            SENATE CONCURRENT RESOLUTION NO. 129
                                 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 Second Regular Ses-
 14    sion of the Fifty-eighth Idaho Legislature, the Senate and the House of Repre-
 15    sentatives concurring therein, that all temporary rules adopted by state agen-
 16    cies pursuant to the Administrative Procedure Act and submitted to the  Legis-
 17    lature  at  the  Legislature's request through the Office of Rules Coordinator
 18    for review during the 2006 legislative session, and all temporary rules previ-
 19    ously approved and extended by concurrent resolution adopted in a prior  regu-
 20    lar  session of the Idaho Legislature, be, and the same are approved, with the
 21    exception of the following enumerated temporary rules:
 22             IDAPA 17.02.08, rules of the Industrial Commission  relating  to
 23        miscellaneous  provisions,    adopted as temporary rules under Docket
 24        Number 17-0208-0501, the entire rulemaking docket.
 25        BE IT FURTHER RESOLVED that a temporary rule  or  partial  temporary  rule
 26    approved by this concurrent resolution shall remain in effect until it expires
 27    by  its  own  terms  or by operation of law or until it is replaced by a final
 28    rule, but in no event shall a temporary rule remain in effect beyond the  con-
 29    clusion  of  the  First  Regular  Session of the Fifty-ninth Idaho Legislature
 30    unless it is further extended by adoption of a concurrent resolution  by  both
 31    houses  of  the  Legislature.  Temporary  rules or sections of temporary rules
 32    which are excepted from approval hereunder or which were not submitted to  the
 33    Legislature  for  review  during  the 2006 legislative session shall expire by
 34    operation of statute upon adjournment of the Second  Regular  Session  of  the
 35    Fifty-eighth Idaho Legislature, unless approved by adoption of a separate con-
 36    current resolution by both houses of the Legislature.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 16160

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

                           FISCAL NOTE

Adoption of this concurrent resolution, in and of itself, could
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 readopting
and republishing temporary rules needed to conduct state business.

Name: Paige Alan Parker, Senior Legal Analyst
Legislative Services Office 
Phone: 334-4857

STATEMENT OF PURPOSE/FISCAL NOTE                         SCR 129