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SCR133.....................................................by STATE AFFAIRS ADMINISTRATIVE RULES - Approves and extends state agency temporary rules that otherwise would expire at the end of the legislative session, with exceptions. 02/24 Senate intro - 1st rdg - to printing 02/25 Rpt prt - to 10th Ord 02/27 10th ord - ADOPTED, voice vote Title apvd - to House 03/02 House intro - 1st rdg - to Jud 03/05 Rpt out - to St Aff 03/09 Rpt out - rec d/p - to 2nd rdg 03/10 2nd rdg - to 3rd rdg 03/12 3rd rdg - ADOPTED - voice vote - to Senate 03/13 To enrol 03/16 Rpt enrol - Pres signed 03/16 Sp signed 03/17 To Secretary of State
SCR133|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE CONCURRENT RESOLUTION NO. 133 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, amending or modifying the rule if 7 the temporary rule is to remain in effect beyond the end of the current legis- 8 lative session; and 9 WHEREAS, the expiration of temporary rules would occasion additional 10 expense to state agencies in readopting and republishing temporary rules 11 needed to conduct state business; and 12 WHEREAS, the Legislature finds that it is in the public interest to adopt 13 this resolution. 14 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses- 15 sion of the Fifty-fourth Idaho Legislature, the Senate and the House of Repre- 16 sentatives concurring therein, that all temporary rules adopted by state agen- 17 cies pursuant to the Administrative Procedure Act and submitted to the Legis- 18 lature at the Legislature's request through the Office of Rules Coordinator by 19 January 12, 1998, and all temporary rules previously approved and extended by 20 concurrent resolution adopted in a prior regular session of the Idaho Legisla- 21 ture, be, and the same are hereby approved, with the exception of the follow- 22 ing enumerated temporary rule sections: 23 (1) IDAPA 05.01.01.412, rules of the Department of Juvenile Corrections, 24 concerning staffing requirements, adopted as a temporary rule under docket 25 number 05-0101-9701. 26 (2) IDAPA 05.01.01.455, rules of the Department of Juvenile Corrections, 27 concerning rules and discipline, adopted as a temporary rule under docket 28 number 05-0101-9701. 29 (3) IDAPA 11.11.01.091, rules of the Department of Law Enforcement, con- 30 cerning law enforcement code of conduct, adopted as a temporary rule under 31 docket number 11-1101-9702. 32 (4) IDAPA 25.01.01.002, Subsection 19, rules of the Outfitters and Guides 33 Licensing Board relating to the definition of hazardous excursions, 34 adopted as a temporary rule under Docket number 25-0101-9701. 35 A temporary rule or partial temporary rule approved by this concurrent resolu- 36 tion shall remain in effect until it expires by its own terms or by operation 37 of law or until it is replaced by a final rule, but in no event shall a tempo- 38 rary rule remain in effect beyond the conclusion of the First Regular Session 39 of the Fifty-fifth Idaho Legislature unless it is further extended, approved, 40 amended or modified by adoption of a concurrent resolution by both houses of 41 the Legislature. Temporary rules or sections of temporary rules which are 42 excepted from approval hereunder or which were not submitted to the Legisla- 43 ture for review by January 12, 1998, shall expire by operation of statute upon 44 adjournment of the Second Regular Session of the Fifty-fourth Idaho Legisla- 2 1 ture, unless approved by adoption of a separate concurrent resolution by both 2 houses of the Legislature.
STATEMENT OF PURPOSE RS 08100 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 the exception of those individually enumerated rules that standing legislative committees have requested not be extended. FISCAL NOTE Adoption of this concurrent resolution, in and of itself, would have no fiscal impact upon any state or local government funds or accounts. 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: Carl Bianchi Director of Legislative Services 334-2475 STATEMENT OF PURPOSE/FISCAL NOTE SCR133