1999 Legislation
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SENATE CONCURRENT RESOLUTION NO. 135 – Administrative rules, fees, approve

SENATE CONCURRENT RESOLUTION NO. 135

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Daily Data Tracking History



SCR135.....................................................by STATE AFFAIRS
ADMINISTRATIVE RULES - FEES - Stating findings of the Legislature and
approving agency rules which impose fees or charges and which are submitted
to the Legislature for review, with exceptions.

03/02    Senate intro - 1st rdg - to printing
03/03    Rpt prt - to 10th Ord
03/04    10th ord - ADOPTED - voice vote
    Title apvd - to House
03/05    House intro - 1st rdg - to St Aff
03/12    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/17    3rd rdg - ADOPTED - 66-1-3
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
      Jones, Judd, Kellogg, Kendell, Kunz, Limbaugh, Linford, Loertscher,
      Mader, Marley, McKague, Meyer(Duncan), Montgomery, Mortensen, Moyle,
      Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Schaefer,
      Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
      Tippets, Trail, Watson, Wheeler, Williams, Wood, Mr Speaker
      NAYS -- Sali
      Absent and excused -- Kempton, Lake, Zimmermann
    Floor Sponsor - Henbest
    Title apvd - to enrol
03/18    Rpt enrol - Pres signed - Sp signed
03/22    To Secretary of State

Bill Text


SCR135


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                           SENATE CONCURRENT RESOLUTION NO. 135

                                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 State Board of Medicine, relating to definitions, and of the Division of
15    Building  Safety, relating to administrative fees are not consistent with leg-
16    islative intent and should not be approved.
17        NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session
18    of the Fifty-fifth Idaho Legislature, the Senate and the House of  Representa-
19    tives concurring therein, that all pending administrative rules or portions of
20    pending  administrative rules adopted by state agencies pursuant to the Admin-
21    istrative Procedure Act during the prior calendar year, and submitted  through
22    the  Office of Rules Coordinator to the Legislature for review during the 1999
23    legislative session, which impose a fee  or  charge,  be,  and  the  same  are
24    approved, with the exception of the following enumerated pending fee rules:
25        (1)  IDAPA  22.01.010.,  Subsection 07., Rules of the Idaho State Board of
26        Medicine relating to definitions, adopted as  a  pending  fee  rule  under
27        Docket Number 22-0101-9801.
28        (2)  IDAPA  07.03.13.,  Section  013.,  Rules  of the Division of Building
29        Safety relating to administrative  fees  for  mobile  home  rehabilitation
30        checklists,   adopted   as   a   pending  fee  rule  under  Docket  Number
31        07-0313-9803.
32        BE IT FURTHER RESOLVED by the members of the First Regular Session of  the
33    Fifty-fifth  Idaho  Legislature,  the  House of Representatives and the Senate
34    concurring therein, that IDAPA 22.01.010., Subsection 07., Rules of the  Idaho
35    State  Board  of  Medicine,  relating to definitions, adopted as a pending fee
36    rule under Docket Number 22-0101-9801,  and  IDAPA  07.03.13.,  Section  013.,
37    Rules  of  the Division of Building Safety relating to administrative fees for
38    mobile home rehabilitation checklists, adopted as a  pending  fee  rule  under
39    Docket  Number  07-0313-9803  be,  and  the  same  are hereby rejected and not
40    approved and thereby pursuant to Section 67-5291 and  Section  67-5224,  Idaho
41    Code, are declared null, void and of no force and effect.
42        BE  IT FURTHER RESOLVED that rule provisions imposing fees or charges that
43    were not submitted through the Office of  Rules  Coordinator  for  legislative
44    review or that otherwise are not included and approved in this concurrent res-


                                         2

 1    olution  shall  be  null,  void  and of no force and effect unless approved by
 2    adoption of a separate concurrent resolution by both houses of the Legislature
 3    as provided in Section 67-5224, Idaho Code.

Statement of Purpose / Fiscal Impact


                         STATEMENT OF PURPOSE
                               RS 09168

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 the exception of those individually
enumerated rules that a standing legislative committee requested
not be extended.

                              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             SCR135