2006 Legislation
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SENATE CONCURRENT RESOLUTION NO. 128 – Agency rules, fee, approved

SENATE CONCURRENT RESOLUTION NO. 128

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Bill Status



SCR128.....................................................by STATE AFFAIRS
AGENCY RULES - Stating findings of the Legislature and approving
administrative rules that impose a fee or charge, with exceptions; and
rejecting certain agency rules that are not approved.
                                                                        
03/06    Senate intro - 1st rdg - to printing
03/07    Rpt prt - to 10th Ord
03/08    10th Ord - ADOPTED - 31-0-4
      AYES -- Andreason(Hatch), Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde,  Hill, Jorgenson, Kelly, Keough,
      Little, Lodge, Malepeai, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Sweet, Williams
      NAYS -- None
      Absent and excused -- Langhorst, Marley, Stennett, Werk
    Floor Sponsor - President Pro Tempore Geddes
    Title apvd - to House
03/09    House intro - 1st rdg - to Health/Wel
03/23    Rpt out - rec d/p - to 2nd rdg
03/24    2nd rdg - to 3rd rdg
03/27    3rd rdg - ADOPTED - 50-14-6
      AYES -- Andrus, Barraclough, Bastian, Bedke, Bell, Bilbao, Black,
      Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Collins,
      Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Garrett, Jaquet, Kemp, Lake, LeFavour, Martinez, Miller,
      Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Sayler, Schaefer, Shepherd(2), Shirley, Skippen, Smith(30),
      Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- Barrett, Bayer, Hart, Harwood, Loertscher, Mathews,
      McGeachin, McKague, Mitchell, Moyle, Nielsen, Rydalch, Sali,
      Shepherd(8)
      Absent and excused -- Anderson, Clark, Henbest, Henderson, Smith(24),
      Smylie
    Floor Sponsor - Block
    Title apvd - To Senate
03/28    To enrol
03/29    Rpt enrol - Pres signed - Sp signed
03/30    To Secretary of State

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                            SENATE CONCURRENT RESOLUTION NO. 128
                                                                        
                                 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  Department of Health and Welfare governing residential care or
 15    assisted living facilities in Idaho, and certain Rules of  the  Department  of
 16    Lands  governing  exploration  and  surface mining in Idaho are not consistent
 17    with legislative intent; and
 18        WHEREAS, it is the finding of the Legislature that certain  rules  of  the
 19    Idaho  Real  Estate  Commission  are to be applied retroactively to October l,
 20    2005; and
 21        WHEREAS, the Legislature finds that it is in the public interest to  adopt
 22    this resolution.
 23        NOW,  THEREFORE,  BE IT RESOLVED by the members of the Second Regular Ses-
 24    sion of the Fifty-eighth Idaho Legislature, the Senate and the House of Repre-
 25    sentatives concurring therein, that all pending administrative rules  or  por-
 26    tions  of  pending  administrative rules adopted by state agencies pursuant to
 27    the Administrative Procedure Act during the prior calendar year, and submitted
 28    through the Office of Rules Coordinator to the Legislature for  review  during
 29    the  2006  legislative session, which impose a fee or charge, be, and the same
 30    are approved, with the exception  of  the  following  enumerated  pending  fee
 31    rules:
 32             IDAPA  16.03.22,  Rules of the Department of Health and Welfare,
 33        Rules Governing Residential Care or Assisted Living Facilities,  Sec-
 34        tion  009, concerning Criminal History and Background Checks, Section
 35        011, Subsections 15, concerning the Definition of Licensee,  and  28,
 36        concerning  the Definition of Non-Repudiation only, Section 055, con-
 37        cerning Special Waiver, Section 220, Subsection 03, concerning  Noti-
 38        fication  of  Populations  Served  only, Section 250, Subsections 13,
 39        concerning Residents Required to Go Outside, and 14, concerning  Cov-
 40        ered  Cement  Walks  only,  Section 260, Subsection 05.b, relating to
 41        changes of clean bed linen and  sets  of  towels  on  hand  for  each
 42        licensed  bed  only,  Section 451, Subsection 01.b, relating to menus
 43        being different the same days each week  and  adjusted  for  seasonal
 44        change only, Section 705, Subsection 05, concerning Personal Property
                                                                        
                                           2
                                                                        
  1        Inventory  only,  and Section 730, Subsection 01.i, relating to docu-
  2        mentation by the licensed professional nurse only, adopted as pending
  3        fee rules under Docket Number 16-0322-0502.
  4             IDAPA 20.03.02, Rules of the Department of Lands, Rules  Govern-
  5        ing  Exploration and Surface Mining in Idaho, Section 160, Subsection
  6        01, pertaining to Right of Inspection only, adopted  as  pending  fee
  7        rules under Docket Number 20-0302-0502.
  8        BE  IT  FURTHER  RESOLVED  that IDAPA 16.03.22, Rules of the Department of
  9    Health and Welfare, Rules Governing Residential Care or Assisted Living Facil-
 10    ities, Section 009, concerning Criminal History and Background Checks, Section
 11    011, Subsections 15, concerning the Definition of Licensee, and 28, concerning
 12    the Definition  of  Non-Repudiation  only,  Section  055,  concerning  Special
 13    Waiver,  Section  220,  Subsection  03, concerning Notification of Populations
 14    Served only, Section 250, Subsections 13, concerning Residents Required to  Go
 15    Outside, and 14, concerning Covered Cement Walks only, Section 260, Subsection
 16    05.b,  relating  to  changes of clean bed linen and sets of towels on hand for
 17    each licensed bed only, Section 451, Subsection 01.b, relating to menus  being
 18    different  the same days each week and adjusted for seasonal change only, Sec-
 19    tion 705, Subsection 05, concerning Personal Property Inventory only, and Sec-
 20    tion 730, Subsection 01.i, relating to documentation by the  licensed  profes-
 21    sional   nurse  only,  adopted  as  pending  fee  rules  under  Docket  Number
 22    16-0322-0502, and IDAPA 20.03.02, Rules of the Department of Lands, Rules Gov-
 23    erning Exploration and Surface Mining in Idaho, Section  160,  Subsection  01,
 24    pertaining  to  Right  of  Inspection only, adopted as pending fee rules under
 25    Docket Number 20-0302-0502, and the same are hereby rejected and not approved,
 26    and thereby pursuant to Section 67-5291 and Section 67-5224, Idaho  Code,  are
 27    declared null, void and of no force and effect.
 28        BE IT FURTHER RESOLVED that IDAPA 33.01.01, Rules of the Idaho Real Estate
 29    Commission  relating  to  certain  license  fees, adopted as pending fee rules
 30    under Docket Number 33-0101-0502, the entire rulemaking  docket  be,  and  the
 31    same  is  hereby  approved, and pursuant to Section 67-5224(5)(a), Idaho Code,
 32    made effective and applied retroactively to October 1, 2005.
 33        BE IT FURTHER RESOLVED that rule provisions imposing fees or charges  that
 34    were  not  submitted  through  the Office of Rules Coordinator for legislative
 35    review or that otherwise are not included and approved in this concurrent res-
 36    olution shall be null, void and of no force  and  effect  unless  approved  by
 37    adoption of a separate concurrent resolution by both houses of the Legislature
 38    as provided in Section 67-5224, Idaho Code.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16159

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 of 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 at least one committee that reviewed them.



                           FISCAL NOTE

Adoption of this concurrent resolution in and of itself, could have
no fiscal impact upon any state or local government funds or
accounts, beyond the scope or impact of the individual rules
themselves.






Contact
Name: Paige Alan Parker, Senior Legal Analyst 
Legislative Services Office 
Phone: 334-4857


STATEMENT OF PURPOSE/FISCAL NOTE                       SCR 128