2007 Legislation
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SENATE CONCURRENT RESOLUTION NO. 118 – Rules, temporary, approval


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Bill Status

SCR118.....................................................by STATE AFFAIRS
ADMINISTRATIVE RULES - TEMPORARY - Stating findings of the Legislature and
approving and extending temporary rules reviewed by the Legislature, with
02/27    Senate intro - 1st rdg - to printing
02/28    Rpt prt - to 10th Ord
03/01    Ref'd to St Aff

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                       IN THE SENATE
                            SENATE CONCURRENT RESOLUTION NO. 118
                                 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-ninth 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 2007 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 15.04.01, Rules of the Division  of  Human  Resources  and
 23        Personnel  Commission,  Section 071 concerning Merit Increase Matrix,
 24        Subsection 03 only, Section 077 concerning Bonuses,  Subsection  02.c
 25        only,  Section  078 concerning Retention Awards only, and Section 260
 26        concerning Overtime, Subsection 03 only, adopted as  temporary  rules
 27        under Docket Number 15-0401-0601.
 28        BE  IT  FURTHER  RESOLVED  that a temporary rule or partial temporary rule
 29    approved by this concurrent resolution shall remain in effect until it expires
 30    by its own terms or by operation of law or until it is  replaced  by  a  final
 31    rule,  but in no event shall a temporary rule remain in effect beyond the con-
 32    clusion of the Second Regular Session of  the  Fifty-ninth  Idaho  Legislature
 33    unless  it  is further extended by adoption of a concurrent resolution by both
 34    houses of the Legislature. Temporary rules  or  sections  of  temporary  rules
 35    which  are excepted from approval hereunder or which were not submitted to the
 36    Legislature for review during the 2007 legislative  session  shall  expire  by
 37    operation  of  statute  upon  adjournment  of the First Regular Session of the
 38    Fifty-ninth Idaho Legislature, unless approved by adoption of a separate  con-
 39    current resolution by both houses of the Legislature.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 17056

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 

STATEMENT OF PURPOSE/FISCAL NOTE                       SCR 118