2001 Legislation
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SENATE CONCURRENT RESOLUTION NO. 117 – Administrative rules/fees/approval

SENATE CONCURRENT RESOLUTION NO. 117

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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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                          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