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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