2003 Legislation
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SENATE CONCURRENT RESOLUTION NO. 109 – Administrative rules, fees, apprvd

SENATE CONCURRENT RESOLUTION NO. 109

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                      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