Print Friendly SENATE CONCURRENT RESOLUTION NO. 130 – Agency rules, temp, extended
SENATE CONCURRENT RESOLUTION NO. 130
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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 - 2002
IN 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
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.
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
STATEMENT OF PURPOSE/FISCAL NOTE SCR 130