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SCR130.....................................................by STATE AFFAIRS
ADMINISTRATIVE RULES - FEES - Stating findings of the Legislature and
approving agency rules submitted for review that 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
03/01 10th Ord - ADOPTED - voice vote
Floor Sponsor - Darrington
Title apvd - to House
03/02 House intro - 1st rdg - to St Aff
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/11 3rd rdg - ADOPTED - voice vote
Floor Sponsor - Jaquet
Title apvd - to Senate
03/12 To enrol
03/15 Rpt enrol - Pres signed
03/16 Sp signed
03/17 To Secretary of State
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE CONCURRENT RESOLUTION NO. 130
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 certain sections of
14 Rules of the Division of Building Safety relating to installation of heating,
15 ventilation, and air conditioning systems are not consistent with legislative
16 intent; and
17 WHEREAS, the Legislature finds that it is in the public interest to adopt
18 this resolution.
19 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses-
20 sion of the Fifty-seventh Idaho Legislature, the Senate and the House of Rep-
21 resentatives concurring therein, that all pending administrative rules or por-
22 tions of pending administrative rules adopted by state agencies pursuant to
23 the Administrative Procedure Act during the prior calendar year, and submitted
24 through the Office of Rules Coordinator to the Legislature for review during
25 the 2004 legislative session, which impose a fee or charge, be, and the same
26 are approved, with the exception of the following enumerated pending fee
27 rules:
28 IDAPA 07.07.01, Section 024 concerning HVAC apprentice require-
29 ments for registration, Section 061 concerning HVAC installation per-
30 mit and inspection fees prior to commencement of work, and Section
31 062 concerning HVAC installation permit and inspection fees after
32 commencement of work, Rules of the Division of Building Safety relat-
33 ing to installation of heating, ventilation, and air conditioning
34 systems, adopted as pending fee rules under Docket Number
35 07-0701-0301, the above enumerated sections only.
36 BE IT FURTHER RESOLVED by the members of the Second Regular Session of the
37 Fifty-seventh Idaho Legislature, the Senate and the House of Representatives
38 concurring therein, that IDAPA 07.07.01, Section 024 concerning HVAC appren-
39 tice requirements for registration, Section 061 concerning HVAC installation
40 permit and inspection fees prior to commencement of work, and Section 062 con-
41 cerning HVAC installation permit and inspection fees after commencement of
42 work, Rules of the Division of Building Safety relating to installation of
43 heating, ventilation, and air conditioning systems, adopted as pending fee
44 rules under Docket Number 07-0701-0301, the above enumerated sections only,
2
1 be, and the same are hereby rejected and not approved, and thereby pursuant to
2 Section 67-5291 and Section 67-5224, Idaho Code, are declared null, void and
3 of no force and effect.
4 BE IT FURTHER RESOLVED by the members of the Second Regular Session of the
5 Fifty-seventh Idaho Legislature, the Senate and the House of Representatives
6 concurring therein, that rule provisions imposing fees or charges that were
7 not submitted through the Office of Rules Coordinator for legislative review
8 or that otherwise are not included and approved in this concurrent resolution
9 shall be null, void and of no force and effect unless approved by adoption of
10 a separate concurrent resolution by both houses of the Legislature as provided
11 in Section 67-5224, Idaho Code.
STATEMENT OF PURPOSE
RS 14189
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 130