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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 - 2003IN 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