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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
]]]] 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 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