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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 an exception; and
rejecting a certain agency rule docket that is not approved.
02/27 Senate intro - 1st rdg - to printing
02/28 Rpt prt - to 10th Ord
03/02 10th Ord - ADOPTED - voice vote
Floor Sponsor - President Pro Tempore Geddes
Title apvd - to House
03/05 House intro - 1st rdg - to Health/Wel
03/09 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/19 3rd rdg - ADOPTED - 63-3-4
AYES -- Anderson, Andrus, Bayer, Bell, Bilbao, Black, Block, Bock,
Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Henbest,
Henderson, Jaquet, Killen, King, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Nielsen,
Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo,
Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8),
Shively, Smith(30), Snodgrass, Stevenson, Thayn, Trail, Vander Woude,
Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- Barrett, Kren, Moyle
Absent and excused -- Bedke, Harwood, Shirley, Smith(24)
Floor Sponsor - Block
Title apvd - To Senate
03/20 To enrol
03/21 Rpt enrol - Pres signed - Sp signed
03/22 To Secretary of State
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
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 AN EXCEPTION, AND REJECTING A CERTAIN AGENCY RULE
4 DOCKET THAT IS 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 Rules of the
14 Department of Health and Welfare governing the Idaho Child Care Program (ICCP)
15 are not consistent with legislative intent; and
16 WHEREAS, the Legislature finds that it is in the public interest to adopt
17 this resolution.
18 NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session
19 of the Fifty-ninth Idaho Legislature, the Senate and the House of Representa-
20 tives concurring therein, that all pending administrative rules or portions of
21 pending administrative rules adopted by state agencies pursuant to the Admin-
22 istrative Procedure Act during the prior calendar year, and submitted through
23 the Office of Rules Coordinator to the Legislature for review during the 2007
24 legislative session, which impose a fee or charge, be, and the same are
25 approved, with the exception of the following enumerated pending fee rules:
26 IDAPA 16.06.12, Rules of the Department of Health and Welfare,
27 Rules Governing the Idaho Child Care Program (ICCP), adopted as pend-
28 ing fee rules under Docket Number 16-0612-0602 (Chapter Rewrite), the
29 entire rulemaking docket.
30 BE IT FURTHER RESOLVED that IDAPA 16.06.12, Rules of the Department of
31 Health and Welfare, Rules Governing the Idaho Child Care Program (ICCP),
32 adopted as pending fee rules under Docket Number 16-0612-0602 (Chapter
33 Rewrite), the entire rulemaking docket is hereby rejected and not approved,
34 and thereby pursuant to Section 67-5291 and Section 67-5224, Idaho Code, is
35 declared null, void and of no force and effect.
36 BE IT FURTHER RESOLVED that rule provisions imposing fees or charges that
37 were not submitted through the Office of Rules Coordinator for legislative
38 review or that otherwise are not included and approved in this concurrent res-
39 olution shall be null, void and of no force and effect unless approved by
40 adoption of a separate concurrent resolution by both houses of the Legislature
41 as provided in Section 67-5224, Idaho Code.
STATEMENT OF PURPOSE
RS 17057
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 or review during the current
legislative session, with exception of one fee rule docket that was
not approved by the House Health and Welfare Committee that
reviewed it.
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 117