1998 Legislation
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SENATE CONCURRENT RESOLUTION NO. 133 – Administrative rules/temporary/ext


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Daily Data Tracking History

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

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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                                      IN THE SENATE

                           SENATE CONCURRENT RESOLUTION NO. 133

                                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, 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, 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, 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, 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, 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-


 1    ture, unless approved by adoption of a separate concurrent resolution by  both
 2    houses of the Legislature.

Statement of Purpose / Fiscal Impact


                            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