2007 Legislation
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SENATE CONCURRENT RESOLUTION NO. 120 – Rules, temporary, approval


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Bill Status

SCR120.....................................................by STATE AFFAIRS
ADMINISTRATIVE RULES - TEMPORARY - Stating findings of the Legislature and
approving and extending temporary rules reviewed by the Legislature, with
03/13    Senate intro - 1st rdg - to printing
03/14    Rpt prt - to 10th Ord
03/15    10th Ord - ADOPTED - voice vote
    Floor Sponsor - President Pro Tempore Geddes
    Title apvd - to House
03/15    House intro - 1st rdg - to St Aff
03/16    Rpt out - rec d/p - to 2nd rdg
03/19    2nd rdg - to 3rd rdg
03/22    3rd rdg - ADOPTED - 66-0-4
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Jaquet, Killen, King, Kren, LeFavour, Loertscher,
      Luker(Luker), Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo,
      Roberts, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail,
      Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Henderson, Labrador, Lake, Ruchti
    Floor Sponsor - Anderson
    Title apvd - to Senate
03/23    To enrol
03/26    Rpt enrol - Pres signed - Sp signed
    To Secretary of State

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                       IN THE SENATE
                            SENATE CONCURRENT RESOLUTION NO. 120
                                 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 073 concerning Calculation of  Pay,  Sub-
 25        section  05.b  only,  Section 077 concerning Bonuses, Subsection 02.c
 26        only, Section 078 concerning Retention Awards only, and  Section  260
 27        concerning  Overtime,  Subsection 03 only, adopted as temporary rules
 28        under Docket Number 15-0401-0601.
 29        BE IT FURTHER RESOLVED that a temporary rule  or  partial  temporary  rule
 30    approved by this concurrent resolution shall remain in effect until it expires
 31    by  its  own  terms  or by operation of law or until it is replaced by a final
 32    rule, but in no event shall a temporary rule remain in effect beyond the  con-
 33    clusion  of  the  Second  Regular Session of the Fifty-ninth Idaho Legislature
 34    unless it is further extended by adoption of a concurrent resolution  by  both
 35    houses  of  the  Legislature.  Temporary  rules or sections of temporary rules
 36    which are excepted from approval hereunder or which were not submitted to  the
 37    Legislature  for  review  during  the 2007 legislative session shall expire by
 38    operation of statute upon adjournment of the  First  Regular  Session  of  the
 39    Fifty-ninth  Idaho Legislature, unless approved by adoption of a separate con-
 40    current resolution by both houses of the Legislature.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 17139

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,
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 120