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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,
Wood(27)
Floor Sponsor - Jaquet
Title apvd - to Senate - to enrol
03/26 Rpt enrol - Pres signed - Sp signed
03/27 To Secretary of State
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE CONCURRENT RESOLUTION NO. 139 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 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
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.
Contact
Name: Paige Alan Parker,
Senior Legal Analyst
Legislative Services Office
Phone: 334-4857
STATEMENT OF PURPOSE/FISCAL NOTE SCR 139