2008 Legislation
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SENATE CONCURRENT RESOLUTION NO. 138<br /> – Admin rules, fees, approval/excptns

SENATE CONCURRENT RESOLUTION NO. 138

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Bill Status



SCR138.....................................................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 agency rule dockets that are not approved.

03/17    Senate intro - 1st rdg - to printing
03/18    Rpt prt - to 10th Ord
03/19    10th Ord - ADOPTED - voice vote
    Floor Sponsor - President Pro Tempore Geddes
    Title apvd - to House
03/20    House intro - 1st rdg - to 2nd rdg
03/21    2nd rdg - to 3rd rdg
03/25    3rd rdg - ADOPTED - 61-3-6
      AYES -- Anderson, Andrus, Bayer, Bell, Bilbao, Black, Block, Bock,
      Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chew, Clark,
      Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest,
      Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
      Luker, Marriott, Mathews, Mortimer, Nonini, Pasley-Stuart, Patrick,
      Pence, Raybould, Ringo, Roberts, Rusche, Sayler, Schaefer,
      Shepherd(02), Shepherd(08), Shirley, Shively, Smith(30), Smith(24),
      Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills,
      Wood(35), Mr. Speaker
      NAYS -- Barrett, Loertscher, Nielsen
      Absent and excused -- Bedke, Chavez, McGeachin, Moyle, Ruchti,
      Wood(27)
    Floor Sponsor - Jaquet
    Title apvd - to Senate - to enrol
03/26    Rpt enrol - Pres signed - Sp signed
03/27    To Secretary of State

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                            SENATE CONCURRENT RESOLUTION NO. 138

                                 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 RULE DOCKETS
  4        THAT 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    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    Bureau of Occupational Licenses relating to Rules of the Board of Naturopathic
 15    Medical Examiners are not consistent with legislative intent; and
 16        WHEREAS,  it  is  the finding of the Legislature that certain Rules of the
 17    Department of Insurance relating to Schedule of Fees, Licenses  and  Miscella-
 18    neous Charges are not consistent with legislative intent; and
 19        WHEREAS,  it  is  the finding of the Legislature that certain Rules of the
 20    Department of Lands, relating to  Rules  Governing  the  Regulation  of  Beds,
 21    Waters,  and  Airspace Over Navigable Lakes in the State of Idaho are not con-
 22    sistent with legislative intent; and
 23        WHEREAS, it is the finding of the Legislature that certain  Rules  of  the
 24    Department  of  Water Resources relating to Adjudication Rules are not consis-
 25    tent with legislative intent; and
 26        WHEREAS, the Legislature finds that it is in the public interest to  adopt
 27    this resolution.
 28        NOW,  THEREFORE,  BE IT RESOLVED by the members of the Second Regular Ses-
 29    sion of the Fifty-ninth Idaho Legislature, the Senate and the House of  Repre-
 30    sentatives  concurring  therein, that all pending administrative rules or por-
 31    tions of pending administrative rules adopted by state  agencies  pursuant  to
 32    the Administrative Procedure Act during the prior calendar year, and submitted
 33    through  the  Office of Rules Coordinator to the Legislature for review during
 34    the 2008 legislative session, which impose a fee or charge, be, and  the  same
 35    are  approved,  with  the  exception  of  the following enumerated pending fee
 36    rules:

 37             IDAPA 24.24.01, Rules of the Bureau  of  Occupational  Licenses,
 38        Rules  of  the  Board  of  Naturopathic Medical Examiners, adopted as
 39        pending fee rules under Docket Number 24-2401-0701 (New Chapter), the
 40        entire rulemaking docket;
 41             IDAPA 18.01.44, Rules of the Department of  Insurance,  Schedule
 42        of  Fees,  Licenses and Miscellaneous Charges, adopted as pending fee
 43        rules under Docket Number 18-0144-0701, the entire rulemaking docket;

                                       2

  1             IDAPA 20.03.04, Rules of the Department of Lands, Rules  Govern-
  2        ing the Regulation of Beds, Waters, and Airspace Over Navigable Lakes
  3        in the State of Idaho, adopted as pending fee rules under Docket Num-
  4        ber 20-0304-0701; and
  5             IDAPA  37.03.01,  Department  of  Water  Resources, Adjudication
  6        Rules, adopted as pending fee rules under Docket Number 37-0301-0701,
  7        the entire rulemaking docket.

  8        BE IT FURTHER RESOLVED that IDAPA 24.24.01, Rules of  the  Bureau  of
  9    Occupational Licenses, Rules of the Board of Naturopathic Medical Examin-
 10    ers,  adopted  as pending fee rules under Docket Number 24-2401-0701 (New
 11    Chapter), the entire rulemaking docket;  IDAPA  18.01.44,  Rules  of  the
 12    Department  of  Insurance,  Schedule  of Fees, Licenses and Miscellaneous
 13    Charges, adopted as pending fee rules under Docket  Number  18-0144-0701,
 14    the  entire rulemaking docket; IDAPA 20.03.04, Rules of the Department of
 15    Lands, Rules Governing the Regulation of Beds, Waters, and Airspace  Over
 16    Navigable Lakes in the State of Idaho, adopted as pending fee rules under
 17    Docket  Number  20-0304-0701;  and  IDAPA  37.03.01,  Department of Water
 18    Resources, Adjudication Rules, adopted as pending fee rules under  Docket
 19    Number 37-0301-0701, the entire rulemaking docket are declared null, void
 20    and of no force and effect.
 21        BE  IT FURTHER RESOLVED that rule provisions imposing fees or charges
 22    that were not submitted through the Office of Rules Coordinator for  leg-
 23    islative  review  or that otherwise are not included and approved in this
 24    concurrent resolution shall be null, void and  of  no  force  and  effect
 25    unless  approved  by adoption of a separate concurrent resolution by both
 26    houses of the Legislature as provided in Section 67-5224, Idaho Code.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 18078
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 four exceptions: one fee rule docket that
was nota approved by the Senate Health and Welfare Committee that
reviewed it; one fee rule docket that was not approved by the
Senate Commerce and Human Resources Committee that reviewed it; one
fee rule docket that was not approved by the Senate Resources and
Environment Committee that reviewed it; and one fee rule docket
that was not approved by the House Resources and Conservation
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 138