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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
SCR135|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN 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
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