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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