2008 Legislation
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SENATE CONCURRENT RESOLUTION NO. 139<br /> – Admin rules, temporary, approved


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Bill Status

SCR139.....................................................by STATE AFFAIRS
TEMPORARY RULES - Stating findings of the Legislature and approving and
extending temporary rules reviewed by the Legislature, with exceptions.

03/17    Senate intro - 1st rdg - to printing
03/18    Rpt prt - to 10th Ord
03/19    10th Ord - ADOPTED - voice vote
    Floor Sponsor - President Pro Tempore Geddes
    Title apvd - to House
03/20    House intro - 1st rdg - to 2nd rdg
03/21    2nd rdg - to 3rd rdg
03/25    3rd rdg - ADOPTED - 63-1-6
      AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chew, Clark,
      Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest,
      Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mathews, Mortimer, Nielsen, Nonini,
      Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Roberts, Rusche,
      Sayler, Schaefer, Shepherd(02), Shepherd(08), Shirley, Shively,
      Smith(30), Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude,
      Wills, Wood(35), Mr. Speaker
      NAYS -- Smith(24)
      Absent and excused -- Bedke, Chavez, McGeachin, Moyle, Ruchti,
    Floor Sponsor - Jaquet
    Title apvd - to Senate - to enrol
03/26    Rpt enrol - Pres signed - Sp signed
03/27    To Secretary of State

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                                       IN THE SENATE

                            SENATE CONCURRENT RESOLUTION NO. 139

                                 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-ninth 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 2008 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 rule:

 22             IDAPA  07.03.01,  Rules  of the Division of Building Safety, the
 23        entire rulemaking docket, adopted as a temporary  rule  under  Docket
 24        Number 07-0301-0701.

 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 Sixtieth Idaho Legislature  unless
 30    it  is  further extended by adoption of a concurrent resolution by both houses
 31    of the Legislature. Temporary rules or sections of temporary rules  which  are
 32    excepted  from  approval hereunder or which were not submitted to the Legisla-
 33    ture for review during the 2008 legislative session shall expire by  operation
 34    of  statute  upon adjournment of the Second Regular Session of the Fifty-ninth
 35    Idaho Legislature, unless approved by adoption of a separate concurrent  reso-
 36    lution by both houses of the Legislature.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 18079

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 one
exception: one temporary rule docket that was not approved by the
House Business Committee.

                           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 139