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SCR118.....................................................by STATE AFFAIRS
ADMINISTRATIVE RULES - TEMPORARY - Stating findings of the Legislature and
approving and extending temporary rules reviewed by the Legislature, with
exceptions.
02/27 Senate intro - 1st rdg - to printing
02/28 Rpt prt - to 10th Ord
03/01 Ref'd to St Aff
]]]] 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
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-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
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
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.
Contact
Name: Paige Alan Parker
Senior Legal Analyst
Legislative Services Office
Phone:334-4857
STATEMENT OF PURPOSE/FISCAL NOTE SCR 118