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SCR117.....................................................by STATE AFFAIRS ADMINISTRATIVE RULES - Stating findings of the Legislature and approving administrative rules that impose a fee or charge, with exceptions; and rejecting certain administrative rules that are not approved. 03/08 Senate intro - 1st rdg - to printing 03/09 Rpt prt - to 10th Ord 03/10 10th Ord - ADOPTED - voice vote Floor Sponsor - Little Title apvd - to House 03/11 House intro - 1st rdg - to St Aff 03/17 Rpt out - rec d/p - to 2nd rdg 03/18 2nd rdg - to 3rd rdg 03/21 3rd rdg - ADOPTED - 59-4-7 AYES -- Anderson, Andrus, Barraclough, Bastian, Bedke, Bell, Bilbao, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson(Barker), Ellsworth, Field(18), Field(23), Garrett, Hart, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker NAYS -- Barrett, Loertscher, Moyle, Sali Absent and excused -- Bayer, Black, Eskridge, Harwood, Henbest, Rydalch, Wood Floor Sponsor - Anderson Title apvd - To Senate 03/22 To enrol 03/23 Rpt enrol - Pres signed 03/24 Sp signed 03/25 To Secretary of State
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE SENATE SENATE CONCURRENT RESOLUTION NO. 117 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 sections of 14 Rules of the Division of Building Safety Governing Mobile Home Rehabilitation, 15 certain Rules of the Department of Health and Welfare relating to CHIP B and 16 Children's Access Card Rules pertaining to Delinquent Premium Payments, and 17 certain Rules of the Outfitters and Guides Licensing Board are not consistent 18 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-eighth Idaho Legislature, the Senate and the House of Representa- 23 tives concurring therein, that all pending administrative rules or portions of 24 pending administrative rules adopted by state agencies pursuant to the Admin- 25 istrative Procedure Act during the prior calendar year, and submitted through 26 the Office of Rules Coordinator to the Legislature for review during the 2005 27 legislative session, which impose a fee or charge, be, and the same are 28 approved, with the exception of the following enumerated pending fee rules: 29 IDAPA 07.03.13, Rules of the Division of Building Safety Govern- 30 ing Mobile Home Rehabilitation, adopted as pending fee rules under 31 Docket Number 07-0313-0401, the entire rulemaking docket. 32 IDAPA 16.03.18, Rules of the Department of Health and Welfare 33 relating to CHIP B and Children's Access Card Rules, Section 507, 34 Subsection 04 only, pertaining to Delinquent Premiums at Renewal 35 Date, adopted as pending fee rules under Docket Number 16-0318-0402. 36 IDAPA 25.01.01, Rules of the Outfitters and Guides Licensing 37 Board, adopted as pending fee rules under Docket Number 25-0101-0402, 38 the entire rulemaking docket. 39 BE IT FURTHER RESOLVED that IDAPA 07.03.13, Rules of the Division of 40 Building Safety Governing Mobile Home Rehabilitation, adopted as a pend- 41 ing fee rule under Docket Number 07-0313-0401, the entire rulemaking 42 docket, IDAPA 16.03.18, Rules of the Department of Health and Welfare 43 relating to CHIP B and Children's Access Card Rules, Section 507, Subsec- 44 tion 04 only, pertaining to Delinquent Premiums at Renewal Date, adopted 2 1 as pending fee rules under Docket Number 16-0318-0402, and IDAPA 2 25.01.01, Rules of the Outfitters and Guides Licensing Board, adopted as 3 pending fee rules under Docket Number 25-0101-0402, the entire rulemaking 4 docket be, and the same are hereby rejected and not approved, and thereby 5 pursuant to Section 67-5291 and Section 67-5224, Idaho Code, are declared 6 null, void and of no force and effect. 7 BE IT FURTHER RESOLVED that rule provisions imposing fees or charges 8 that were not submitted through the Office of Rules Coordinator for leg- 9 islative review or that otherwise are not included and approved in this 10 concurrent resolution shall be null, void and of no force and effect 11 unless approved by adoption of a separate concurrent resolution by both 12 houses of the Legislature as provided in Section 67-5224, Idaho Code.
STATEMENT OF PURPOSE RS 15105 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 117