2002 Legislation
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SENATE CONCURRENT RESOLUTION NO. 130 – Agency rules, temp, extended


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Daily Data Tracking History

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

Bill Text

  ||||              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
  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 / Fiscal Impact

                      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