2005 Legislation
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SENATE CONCURRENT RESOLUTION NO. 117 – Agency rules, fee, approved

SENATE CONCURRENT RESOLUTION NO. 117

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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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                      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