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SCR131.....................................................by STATE AFFAIRS
ADMINISTRATIVE RULES - TEMPORARY - Stating findings of the Legislature and
approving and extending 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
03/01 10th Ord - ADOPTED - voice vote
Floor Sponsor - Darrington
Title apvd - to House
03/02 House intro - 1st rdg - to St Aff
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/11 3rd rdg - ADOPTED - voice vote
Floor Sponsor - Miller
Title apvd - to Senate
03/12 To enrol
03/15 Rpt enrol - Pres signed
03/16 Sp signed
03/17 To Secretary of State
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE CONCURRENT RESOLUTION NO. 131
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-seventh Idaho Legislature, the Senate and the House of Rep-
15 resentatives concurring therein, that all temporary rules adopted by state
16 agencies pursuant to the Administrative Procedure Act and submitted to the
17 Legislature at the Legislature's request through the Office of Rules Coordina-
18 tor for review during the 2004 legislative session, and all temporary rules
19 previously approved and extended by concurrent resolution adopted in a prior
20 regular session of the Idaho Legislature, be, and the same are approved, with
21 the exception of the following enumerated temporary rules:
22 IDAPA 57.01.01, the entire rulemaking docket, related to rules
23 governing the Sexual Offender Classification Board, rules of the Sex-
24 ual Offender Classification Board, adopted as temporary rules under
25 Docket Number 57-0101-0401.
26 BE IT FURTHER RESOLVED that a temporary rule or partial temporary rule
27 approved by this concurrent resolution shall remain in effect until it expires
28 by its own terms or by operation of law or until it is replaced by a final
29 rule, but in no event shall a temporary rule remain in effect beyond the con-
30 clusion of the First Regular Session of the Fifty-eighth Idaho Legislature
31 unless it is further extended by adoption of a concurrent resolution by both
32 houses of the Legislature. Temporary rules or sections of temporary rules
33 which are excepted from approval hereunder or which were not submitted to the
34 Legislature for review during the 2004 legislative session shall expire by
35 operation of statute upon adjournment of the Second Regular Session of the
36 Fifty-seventh Idaho Legislature, unless approved by adoption of a separate
37 concurrent resolution by both houses of the Legislature.
STATEMENT OF PURPOSE
RS 14190
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, beyond the scope or impact of the individual rules
themselves. By adopting this concurrent resolution, the
Legislature avoids having necessary agency rules expire, which
would occasion additional expense to state agencies for re-
adopting and republishing temporary rules needed to conduct state
business.
Contact: Carl Bianchi
Director of Legislative Services
334 - 2475
STATEMENT OF PURPOSE/FISCAL NOTE SCR 131