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SENATE CONCURRENT RESOLUTION NO. 109

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Bill Status

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SCR109................................................by HEALTH AND WELFARE
HEALTH AND WELFARE DEPARTMENT - Stating findings of the Legislature and
rejecting rules of the Department of Health and Welfare governing indoor
smoking relating to definitions of a "bar within a restaurant" and
"incidental service of food."
                                                                        
02/14    Senate intro - 1st rdg - to printing
02/15    Rpt prt - to 10th Ord
02/17    10th Ord - ADOPTED - 23-11-1
      AYES -- Andreason, Brandt, Broadsword, Cameron, Coiner, Compton,
      Corder, Darrington, Gannon, Goedde, Jorgenson, Kelly, Keough,
      Langhorst, Lodge, Malepeai, McGee, McKenzie, Pearce, Schroeder,
      Stegner, Sweet, Werk
      NAYS -- Bunderson, Burkett, Burtenshaw, Davis, Geddes, Hill, Marley,
      Noble, Richardson, Stennett, Williams
      Absent and excused -- Little
    Floor Sponsor - Brandt
    Title apvd - to House
02/18    House intro - 1st rdg - to Health/Wel

Bill Text

                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                            SENATE CONCURRENT RESOLUTION NO. 109
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                               A CONCURRENT RESOLUTION
  2    STATING FINDINGS OF THE LEGISLATURE AND REJECTING CERTAIN RULES OF THE DEPART-
  3        MENT OF HEALTH AND WELFARE GOVERNING INDOOR SMOKING AND RELATING TO  DEFI-
  4        NITIONS.
                                                                        
  5    Be It Resolved by the Legislature of the State of Idaho:
                                                                        
  6        WHEREAS,  the  Legislature  is  vested  with authority to reject executive
  7    agency rules under the provisions of Section 67-5291, Idaho Code, in the event
  8    that the Legislature finds that the rules are not consistent with  legislative
  9    intent; and
 10        WHEREAS,  it  is  the finding of the Legislature that certain rules of the
 11    Department of Health and Welfare governing indoor smoking and relating to def-
 12    initions are not consistent with legislative intent and should be rejected.
 13        NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session
 14    of the Fifty-eighth Idaho Legislature, the Senate and the House of Representa-
 15    tives concurring therein, that IDAPA 16.02.23, Section 010, relating to  Defi-
 16    nitions,  Subsections  02.b,  02.c, 02.d and 10 only, adopted as pending rules
 17    under Docket Number 16-0223-0401, be, and the same  are  hereby  rejected  and
 18    declared null, void and of no force and effect.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE
                                
                            RS 14871

This concurrent resolution would reject certain pending rules of
the  Department of Health and Welfare governing indoor smoking
relating to definitions of a bar within a restaurant.  The effect
of this resolution, if adopted by both houses, would be to
prevent the agency rules from going into effect.


                          FISCAL NOTE

This concurrent resolution has no fiscal impact






Contact:  Sen. Skip Brandt
          332-1326


STATEMENT OF PURPOSE/FISCAL NOTE                       SCR 109