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SCR130.....................................................by STATE AFFAIRS ADMINISTRATIVE RULES - TEMPORARY - Stating findings of the Legislature and approving and extending the temporary state agency rules that otherwise would expire at the end of the legislative session, with an exception. 02/26 Senate intro - 1st rdg - to printing 02/27 Rpt prt - to 10th Ord 02/28 10th ord - ADOPTED - voice vote Title apvd - to House 03/01 House intro - 1st rdg - to Agric Aff 03/07 Rpt out - rec d/p - to 2nd rdg 03/08 2nd rdg - to 3rd rdg Rls susp - ADOPTED - voice vote - to Senate 03/11 To enrol 03/12 Rpt enrol - Pres signed - Sp signed 03/13 To Secretary of State
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE CONCURRENT RESOLUTION NO. 130 BY STATE AFFAIRS COMMITTEE 1 A CONCURRENT RESOLUTION 2 STATING LEGISLATIVE FINDINGS AND APPROVING AND EXTENDING TEMPORARY RULES 3 REVIEWED BY THE LEGISLATURE, WITH AN EXCEPTION. 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-sixth 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 2002 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 rules section: 22 IDAPA 02.06.16, the entire rulemaking docket, concerning crop residue dis- 23 posal, rules of the Idaho Department of Agriculture, adopted as temporary 24 rules under Docket Number 02-0616-0101. 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 Fifty-seventh Idaho Legislature 30 unless it is further extended by adoption of a concurrent resolution by both 31 houses of the Legislature. Temporary rules or sections of temporary rules 32 which are excepted from approval hereunder or which were not submitted to the 33 Legislature for review during the 2002 legislative session shall expire by 34 operation of statute upon adjournment of the Second Regular Session of the 35 Fifty-sixth Idaho Legislature, unless approved by adoption of a separate con- 36 current resolution by both houses of the Legislature.
STATEMENT OF PURPOSE RS 12127 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. 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 130