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SCR153.....................................................by STATE AFFAIRS
ADMINISTRATIVE RULES - TEMPORARY - Stating findings of the Legislature and
approving and extending state agency temporary rules that would otherwise
expire at the end of the 2000 Legislative Session, with exceptions.
02/22 Senate intro - 1st rdg - to printing
02/23 Rpt prt - to 10th Ord
02/24 10th ord - ADOPTED - voice vote
Title apvd - to House
02/25 House intro - 1st rdg - to St Aff
03/01 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/06 3rd rdg - ADOPTED - voice vote - to Senate
03/07 To enrol
03/08 Rpt enrol - Pres signed
03/09 Sp signed
03/10 To Secretary of State
SCR153
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE CONCURRENT RESOLUTION NO. 153
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-fifth 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 2000 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 sections:
22 (1) IDAPA 50.01.01, Section 450, Subsection 02, paragraph d only, con-
23 cerning supporting documents regarding commutations, and Subsection 02,
24 paragraph i only, concerning written materials that are a public record,
25 rules of the Commission of Pardons and Parole relating to commutation,
26 adopted as a temporary rule under Docket number 50-0101-9903.
27 (2) IDAPA 16.04.11, Section 919, the entire section, concerning transpor-
28 tation, and Section 920, Subsection 08 only, concerning vehicle safety,
29 rules of the Department of Health and Welfare relating to developmental
30 disabilities agencies, adopted as a temporary rule under Docket number
31 16-0411-9901.
32 A temporary rule or partial temporary rule approved by this concurrent
33 resolution shall remain in effect until it expires by its own terms or by
34 operation of law or until it is replaced by a final rule, but in no event
35 shall a temporary rule remain in effect beyond the conclusion of the First
36 Regular Session of the Fifty-sixth Idaho Legislature unless it is further
37 extended by adoption of a concurrent resolution by both houses of the Legisla-
38 ture. Temporary rules or sections of temporary rules which are excepted from
39 approval hereunder or which were not submitted to the Legislature for review
40 during the 2000 legislative session shall expire by operation of statute upon
41 adjournment of the Second Regular Session of the Fifty-fifth Idaho Legisla-
42 ture, unless approved by adoption of a separate concurrent resolution by both
43 houses of the Legislature.
STATEMENT OF PURPOSE
RS10032
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 a standing legislative
committee has 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 SCR 15