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SCR104.....................................by LOCAL GOVERNMENT AND TAXATION
TAX COMMISSION - RULE - Stating findings of the Legislature and approving
an administrative rule of the State Tax Commission imposing a fee or charge
relating to penalties and dishonored checks.
02/06 Senate intro - 1st rdg - to printing
02/07 Rpt prt - to 10th Ord
02/08 3rd rdg - ADOPTED - Voice Vote
Title apvd - to House
02/09 House intro - 1st rdg - to Rev/Tax
02/15 Rpt out - rec d/p - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/20 3rd rdg - ADOPTED - 59-0-11
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Chase, Clark, Collins, Crow, Cuddy,
Denney, Ellis, Ellsworth, Eskridge, Field(13), Gould, Hadley,
Hammond, Harwood, Henbest, Higgins, Jaquet, Kellogg, Kendell, Kunz,
Lake, Langford, Loertscher, Marley, McKague, Meyer, Montgomery,
Mortensen, Moss, Moyle, Pearce, Pomeroy, Raybould, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stone, Swan, Tilman,
Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Campbell, Deal, Field(20), Gagner, Hornbeck,
Jones, Mader, Pischner, Ridinger, Roberts, Stevenson
Floor Sponsor -- Gould
Title apvd - to Senate
02/21 To enrol
02/22 Rpt enrol - Pres signed
02/23 Sp signed
02/26 To Secretary of State
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE CONCURRENT RESOLUTION NO. 104
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 A CONCURRENT RESOLUTION
2 STATING LEGISLATIVE FINDINGS AND APPROVING A CERTAIN ADMINISTRATIVE RULE OF
3 THE IDAHO STATE TAX COMMISSION THAT IMPOSES A FEE OR CHARGE, CONCERNING
4 PENALTIES AND RELATING TO DISHONORED CHECKS.
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 Idaho State Tax Commission inadvertently has submitted a
10 pending rule concerning penalties and relating to dishonored checks as a
11 nonfee rule, making it necessary to consider the pending rule separately as a
12 pending fee rule for approval by both houses of the legislature by concurrent
13 resolution before the pending fee rule can go into effect by law; and
14 WHEREAS, the Legislature finds that it is in the public interest to adopt
15 this resolution.
16 NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session
17 of the Fifty-sixth Idaho Legislature, the Senate and the House of Representa-
18 tives concurring therein, that a certain administrative rule of the Idaho
19 State Tax Commission that imposes a fee or charge concerning penalties and
20 relating to dishonored checks, IDAPA 35.02.01, Section 400, adopted as a pend-
21 ing rule under Docket Number 35-0201-0001, pursuant to the Administrative Pro-
22 cedure Act during the prior calendar year, and submitted through the Office of
23 Rules Coordinator to the Legislature for review during the 2001 legislative
24 session, be, and the same is hereby approved.
STATEMENT OF PURPOSE
RS 10903
Under Idaho Code, Section 67-5224, the Legislature must approve
certain administrative rules that propose a fee or charge through
a concurrent resolution passed by both houses. This year, the
Idaho State Tax Commission inadvertently submitted an agency rule
concerning fees for dishonored checks as a non-fee rule, making
it necessary to consider the pending rule separately as a pending
fee rule for approval by both houses in order for the rule to go
into effect. This resolution would approve the agency rule and
make clear that the fees to be charged by the Commission can go
into effect by law.
FISCAL NOTE
This concurrent resolution has no fiscal impact.
Contact: Sen. Jerry Thorne, Chairman
Local Government & Taxation Committee
332-1333
STATEMENT OF PURPOSE/FISCAL NOTE SCR 10