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SCR109.....................................................by STATE AFFAIRS
ADMINISTRATIVE RULES - FEES - Stating findings of the Legislature and
approving agency rules submitted for review that impose fees or charges,
with exceptions; and rejecting fee rules that were not reviewed and
approved.
03/04 Senate intro - 1st rdg - to printing
03/05 Rpt prt - to 10th Ord
03/06 10th ord - ADOPTED - voice vote
Floor Sponsor - President Pro Tempore Geddes
Title apvd - to House
03/07 House intro - 1st rdg - to Health/Wel
03/10 Ref'd to St Aff
03/26 Rpt out - rec d/p - to 2nd rdg
03/27 2nd rdg - to 3rd rdg
03/28 3rd rdg - ADOPTED - 63-1-6
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bieter, Black,
Block, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
Deal, Denney, Douglas, Eberle, Edmunson, Eskridge, Field(18),
Field(23), Gagner, Garrett, Harwood, Henbest(Bray), Jaquet, Jones,
Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,
Meyer, Miller, Moyle, Nacarrato, Nielsen, Raybould, Ridinger, Ring,
Ringo, Roberts, Robison, Rydalch, Sayler, Schaefer, Shepherd,
Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
Tilman, Trail, Wills, Mr. Speaker
NAYS -- Sali
Absent and excused -- Bell, Boe, Ellsworth, McKague, Mitchell, Wood
Floor Sponsor - Clark
Title apvd - to Senate
03/31 To enrol
04/01 Rpt enrol - Pres signed
04/02 Sp signed
04/03 To Secretary of State
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE CONCURRENT RESOLUTION NO. 109
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 the licensure of physician assis-
15 tants are not consistent with legislative intent; and
16 WHEREAS, it is the finding of the Legislature that certain rules of the
17 Idaho State Board of Pharmacy relating to prescription drugs are not consis-
18 tent with legislative intent; and
19 WHEREAS, the Legislature finds that it is in the public interest to adopt
20 this resolution.
21 NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session
22 of the Fifty-seventh Idaho Legislature, the Senate and the House of Represen-
23 tatives concurring therein, that all pending administrative rules or portions
24 of pending administrative rules adopted by state agencies pursuant to the
25 Administrative Procedure Act during the prior calendar year, and submitted
26 through the Office of Rules Coordinator to the Legislature for review during
27 the 2003 legislative session, which impose a fee or charge, be, and the same
28 are approved, with the exception of the following enumerated pending fee
29 rules:
30 IDAPA 22.01.03, Rules of the Idaho State Board of Medicine,
31 relating to the licensure of physician assistants, adopted as pending
32 fee rules under Docket Number 22-0103-0201, the entire pending fee
33 docket; and
34 IDAPA 27.01.01, Rules of the Idaho State Board of Pharmacy
35 relating to prescription drugs, adopted as pending fee rules under
36 Docket Number 27-0101-0201, the entire pending fee docket.
37 BE IT FURTHER RESOLVED by the members of the First Regular Session of the
38 Fifty-seventh Idaho Legislature, the Senate and the House of Representatives
39 concurring therein, that IDAPA 22.01.03, Rules of the Idaho State Board of
40 Medicine, relating to the licensure of physician assistants, adopted as pend-
41 ing fee rules under Docket Number 22-0103-0201, the entire pending fee docket;
42 and IDAPA 27.01.01, Rules of the Idaho State Board of Pharmacy relating to
43 prescription drugs, adopted as pending fee rules under Docket Number
44 27-0101-0201, the entire pending fee docket, be, and the same are hereby
2
1 rejected and not approved and thereby pursuant to Sections 67-5291 and
2 67-5224, Idaho Code, are declared null, void and of no force and effect.
3 BE IT FURTHER RESOLVED by the members of the First Regular Session of the
4 Fifty-seventh Idaho Legislature, the Senate and the House of Representatives
5 concurring therein, that rule provisions imposing fees or charges that were
6 not submitted through the Office of Rules Coordinator for legislative review
7 or that otherwise are not included and approved in this concurrent resolution
8 shall be null, void and of no force and effect unless approved by adoption of
9 a separate concurrent resolution by both houses of the Legislature as provided
10 in Section 67-5224, Idaho Code.
STATEMENT OF PURPOSE
RS 13073
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 109