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