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SCR131.....................................................by STATE AFFAIRS
ADMINISTRATIVE RULES - FEES - Stating findings of the Legislature; and
approving agency administrative rules submitted for review which impose
fees or charges, with an exception; and rejecting fee rules that were not
reviewed and approved.
02/26 Senate intro - 1st rdg - to printing
02/27 Rpt prt - to 10th Ord
02/28 10th ord - ADOPTED - voice vote
Title apvd - to House
03/01 House intro - 1st rdg - to Bus
03/08 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
Rls susp - ADOPTED - voice vote - to Senate
03/12 To enrol
03/13 Rpt enrol - Pres signed
Sp signed
03/14 To Secretary of State
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE CONCURRENT RESOLUTION NO. 131
BY STATE AFFAIRS COMMITTEE
1 A CONCURRENT RESOLUTION
2 STATING LEGISLATIVE FINDINGS AND APPROVING ADMINISTRATIVE RULES THAT IMPOSE A
3 FEE OR CHARGE, WITH AN EXCEPTION, 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 a certain rule of the
14 State Board of Morticians relating to reinstatement and annual renewal fees is
15 not consistent with legislative intent; and
16 WHEREAS, the Legislature finds that it is in the public interest to adopt
17 this resolution.
18 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses-
19 sion of the Fifty-sixth Idaho Legislature, the Senate and the House of Repre-
20 sentatives concurring therein, that all pending administrative rules or por-
21 tions of pending administrative rules adopted by state agencies pursuant to
22 the Administrative Procedure Act during the prior calendar year, and submitted
23 through the Office of Rules Coordinator to the Legislature for review during
24 the 2002 legislative session, which impose a fee or charge, be, and the same
25 are approved, with the exception of the following enumerated pending fee rule:
26 IDAPA 24.08.01, Section 500, Subsection 07, Rules of the State
27 Board of Morticians relating to reinstatement and annual renewal fees
28 for back years, adopted as a pending fee rule under Docket Number
29 24-0801-0101; and
30 BE IT FURTHER RESOLVED by the members of the Second Regular Session of the
31 Fifty-sixth Idaho Legislature, the Senate and the House of Representatives
32 concurring therein, that IDAPA 24.08.01, Section 500, Subsection 07, Rules of
33 the State Board of Morticians relating to reinstatement and annual renewal
34 fees, adopted as a pending fee rule under Docket Number 24-0801-0101 be, and
35 the same is hereby rejected and not approved and thereby pursuant to Sections
36 67-5291 and 67-5224, Idaho Code, is declared null, void and of no force and
37 effect.
38 BE IT FURTHER RESOLVED by the members of the Second Regular Session of the
39 Fifty-sixth Idaho Legislature, the Senate and the House of Representatives
40 concurring therein, that rule provisions imposing fees or charges that were
41 not submitted through the Office of Rules Coordinator for legislative review
42 or that otherwise are not included and approved in this concurrent resolution
43 shall be null, void and of no force and effect unless approved by adoption of
44 a separate concurrent resolution by both houses of the Legislature as provided
2
1 in Section 67-5224, Idaho Code.
STATEMENT OF PURPOSE
RS 12128
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 131