2004 Legislation
Print Friendly

SENATE CONCURRENT RESOLUTION NO. 131 – Administrative Rules, temp, apprvd


View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status

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

Bill Text

  ]]]]              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
  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 / Fiscal Impact

                      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

                          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

Contact:  Carl Bianchi
          Director of Legislative Services
          334 - 2475