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SCR117.....................................................by STATE AFFAIRS
ADMINISTRATIVE RULES - Stating findings of the Legislature and approving
agency rules which were submitted for review and impose fees or charges,
with exceptions; and rejecting certain rules.
03/22 Senate intro - 1st rdg - to printing
03/23 Rpt prt - to 10th Ord
03/26 10th ord - ADOPTED - voice vote
Title apvd - to House
03/26 House intro - 1st rdg - to Res/Con
03/29 Rpt out - rec d/p - to 2nd rdg
03/30 2nd rdg - to 3rd rdg
Rls susp - ADOPTED - 58-3-9
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Boe, Bolz,
Bradford, Bruneel, Chase, Clark, Collins, Cuddy, Deal, Denney,
Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond,
Hansen, Harwood, Henbest(Farley), Higgins, Hornbeck, Jaquet, Jones,
Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley,
McKague, Meyer, Montgomery, Mortensen, Moss, Pomeroy, Raybould,
Ridinger, Roberts, Robison, Sellman, Shepherd, Smylie, Stevenson,
Stone, Tilman, Trail, Wheeler, Wood, Young(Young), Mr. Speaker
NAYS -- Moyle, Sali, Schaefer
Absent and excused -- Black, Callister, Campbell, Crow, Ellis,
Ellsworth, Pearce, Pischner, Smith
Floor Sponsor -- Field(20)
Title apvd - to Senate
03/30 To enrol - rpt enrol - Pres signed
Sp signed
04/02 To Secretary of State
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE CONCURRENT RESOLUTION NO. 117
BY STATE AFFAIRS COMMITTEE
1 A CONCURRENT RESOLUTION
2 STATING LEGISLATIVE FINDINGS AND APPROVING ADMINISTRATIVE RULES THAT IMPOSE A
3 FEE OR CHARGE, WITH EXCEPTIONS, AND REJECTING CERTAIN AGENCY RULES THAT
4 ARE NOT APPROVED.
5 Be It Resolved by the Legislature of the State of Idaho:
6 WHEREAS, the Legislature pursuant to Section 67-5224, Idaho Code, must
7 approve certain administrative rules that impose a fee or charge by adoption
8 of a concurrent resolution before the rules become effective; and
9 WHEREAS, the Legislature is vested with authority to reject executive
10 agency rules under the provisions of Section 67-5291, Idaho Code, in the event
11 that the Legislature finds that the rules are not consistent with legislative
12 intent; and
13 WHEREAS, it is the finding of the Legislature that certain rules of the
14 Idaho Department of Insurance, relating to extraordinary exam fees and over-
15 payments, and certain rules of the Outfitters and Guides Licensing Board con-
16 cerning definitions of unethical/unprofessional conduct relating to failure to
17 pay taxes owed to a governmental entity, and certain rules of the Idaho Trans-
18 portation Department governing use of state right-of-way relating to full con-
19 trol of access, conduits under the roadway, review and approval of construc-
20 tion plans, trees at the edge of the traveled way, rocks at the edge of the
21 traveled way, and permit application fees, are not consistent with legislative
22 intent; and
23 WHEREAS, the Legislature finds that it is in the public interest to adopt
24 this resolution.
25 NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session
26 of the Fifty-sixth Idaho Legislature, the Senate and the House of Representa-
27 tives concurring therein, that all pending administrative rules or portions of
28 pending administrative rules adopted by state agencies pursuant to the Admin-
29 istrative Procedure Act during the prior calendar year, and submitted through
30 the Office of Rules Coordinator to the Legislature for review during the 2001
31 legislative session, which impose a fee or charge, be, and the same are
32 approved, with the exception of the following enumerated pending fee rules:
33 (1) IDAPA 18.01.44, Section 020, Subsection 05 g., Rules of the Idaho
34 Department of Insurance relating to extraordinary exam fees, and Section 051,
35 Rules of the Idaho Department of Insurance relating to overpayments, adopted
36 as pending fee rules under Docket number 18-0144-0001; and
37 (2) IDAPA 25.01.01, Section 002, Subsection 45 j., Rules of the Outfit-
38 ters and Guides Licensing Board concerning definitions of
39 unethical/unprofessional conduct relating to failure to pay taxes owed to a
40 governmental entity adopted as a pending fee rule under Docket number
41 25-0101-0001.
42 (3) IDAPA 39.03.42, Rules of the Idaho Transportation Department govern-
43 ing use of state right-of-way, Section 500, Subsection 03, relating to full
44 control of access and Subsection 05 b., relating to conduits under the roadway
2
1 and review and approval of construction plans, Section 600, Subsection 04 g.,
2 relating to trees at the edge of the traveled way, and Subsection 04 h.,
3 relating to rocks at the edge of the traveled way, and Section 700, Subsection
4 02, relating to permit application fees, adopted as pending fee rules under
5 Docket number 39-0342-0001.
6 BE IT FURTHER RESOLVED by the members of the First Regular Session of the
7 Fifty-sixth Idaho Legislature, the Senate and the House of Representatives
8 concurring therein, that IDAPA 18.01.44, Section 020, Subsection 05 g., Rules
9 of the Idaho Department of Insurance relating to extraordinary exam fees, and
10 IDAPA 18.01.44, Section 051, Rules of the Idaho Department of Insurance relat-
11 ing to overpayments, adopted as pending fee rules under Docket number
12 18-0144-0001, IDAPA 25.01.01, Section 002, Subsection 45 j., Rules of the Out-
13 fitters and Guides Licensing Board concerning definitions of
14 unethical/unprofessional conduct relating to failure to pay taxes owed to a
15 governmental entity adopted as a pending fee rule under Docket number
16 25-0101-0001, and IDAPA 39.03.42, Rules of the Idaho Transportation Department
17 governing use of state right-of-way, Section 500, Subsection 03, relating to
18 full control of access and Subsection 05 b., relating to conduits under the
19 roadway and review and approval of construction plans, Section 600, Subsection
20 04 g., relating to trees at the edge of the traveled way and Subsection 04 h.,
21 relating to rocks at the edge of the traveled way, and Section 700, Subsection
22 02, relating to permit application fees, adopted as pending fee rules under
23 Docket number 39-0342-0001, be, and the same are hereby rejected and not
24 approved and thereby pursuant to Section 67-5291, and Section 67-5224, Idaho
25 Code, are declared null, void and of no force and effect.
26 BE IT FURTHER RESOLVED by the members of the First Regular Session of the
27 Fifty-sixth Idaho Legislature, the Senate and the House of Representatives
28 concurring therein, that rule provisions imposing fees or charges that were
29 not submitted through the Office of Rules Coordinator for legislative review
30 or that otherwise are not included and approved in this concurrent resolution
31 shall be null, void and of no force and effect unless approved by adoption of
32 a separate concurrent resolution by both houses of the Legislature as provided
33 in Section 67-5224, Idaho Code.
STATEMENT OF PURPOSE
RS 11179
By statute, agency rules adopted under the Administrative Procedure
Act that impose a fee or charge do not go into effect unless approved
by concurrent resolution by both houses of the legislature. This
concurrent resolution would approve agency fee or charge rules that
have been adopted during the last calendar year, and which were
submitted through the Office of the Rules Coordinator to the
legislature for review during the current legislative session, with
exceptions for those fee rules that were not approved by one committee
that reviewed them.
FISCAL NOTE
Adoption of this concurrent resolution, in and of itself, would have
no fiscal impact upon any state or local government funds, beyond the
scope or impact of the individual rules themselves.
CONTACT: Carl Bianchi
Director of Legislative Services
334-2475
STATEMENT OF PURPOSE/FISCAL NOTE SCR 117