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H0526.........................................by RESOURCES AND CONSERVATION ENCROACHMENTS - Amends existing law to revise fee and cost provisions for certain permits for noncommercial navigational or nonnavigational encroachments; and to authorize the Board of Land Commissioners to charge specified applicants the actual costs of processing applications in the event the actual costs exceed the nonrefundable fee. 02/01 House intro - 1st rdg - to printing 02/02 Rpt prt - to Res/Con 02/16 Rpt out - rec d/p - to 2nd rdg 02/17 2nd rdg - to 3rd rdg 02/22 3rd rdg - PASSED - 63-4-3 AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Martinez, Mathews, McGeachin, Miller, Mitchell, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali(Sali), Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie(Luker), Snodgrass, Stevenson, Trail, Wills, Mr. Speaker NAYS -- Barrett, Harwood, McKague, Wood Absent and excused -- Bradford, Loertscher, Moyle Floor Sponsor - Bell Title apvd - to Senate 02/23 Senate intro - 1st rdg - to Res/Env 03/13 Rpt out - rec d/p - to 2nd rdg 03/14 2nd rdg - to 3rd rdg 03/16 3rd rdg - PASSED - 31-3-1 AYES -- Andreason, Brandt, Bunderson, Burkett, Burtenshaw, Cameron, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Hill, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- Broadsword, Goedde, Jorgenson Absent and excused -- Coiner Floor Sponsor - Burtenshaw Title apvd - to House 03/17 To enrol 03/20 Rpt enrol - Sp signed 03/21 Pres signed - To Governor 03/22 Governor signed Session Law Chapter 133 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 526 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO NAVIGATIONAL AND NONNAVIGATIONAL ENCROACHMENTS; AMENDING SECTION 3 58-1307, IDAHO CODE, TO REVISE FEE AND COST PROVISIONS FOR CERTAIN PERMITS 4 AND TO AUTHORIZE THE BOARD OF LAND COMMISSIONERS TO CHARGE SPECIFIED 5 APPLICANTS THE ACTUAL COSTS OF PROCESSING APPLICATIONS IN THE EVENT THE 6 ACTUAL COSTS EXCEED THE NONREFUNDABLE FEE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 58-1307, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 58-1307. FEES FOR SPECIFIED PERMITS -- COSTS OF PUBLICATION. Application 11 for a permit for any noncommercial navigational encroachment or noncommercial 12 nonnavigational encroachment for bank stabilization and erosion control or for 13 fisheries and wildlife habitat improvements shall be accompanied by a nonre- 14 fundable fee of up to two hundred fifty dollars ($250.00). Application for a 15 permit for any other nonnavigational or commercial navigational encroachment 16 or navigational encroachment which extends beyond the line of navigability 17 shall be accompanied by a nonrefundable fee oftwo hundred fiftyup to three 18 thousand five hundred dollars ($253,500). Provided however, the board shall 19 charge applicants for permits for commercial navigational encroachments the 20 actual costs of processing the application in the event the actual costs 21 exceed three thousand five hundred dollars ($3,500). In addition, the board 22 shall charge the applicant with costs of publishing notice of the application 23 which shall be refunded if such notice is not published. Any person or agency 24 requesting a hearing upon the application shall deposit and pay to the board 25 an amount sufficient to cover the cost of publishing notice of hearing.
STATEMENT OF PURPOSE RS 15338 Idaho Code chapter 13, title 58, requires the State Board of Land Commissioners to regulate, control, and permit encroachments in aid of navigation or not in aid of navigation on, in or above the beds or waters of lakes owned and controlled by the state of Idaho. The application fee schedule for navigational and nonnavigational encroachments has not been amended since the Lake Protection Act was first enacted in 1974. The fees set in 1974 do not cover the actual costs of program operation. Since 2003, the Department of Lands’ actual navigable waters program expenses have exceeded the revenues collected for fees and submerged lands lease and easement payments by as much as $58,000. This legislation amends the application fees set in Idaho Code Section 58-1307 to establish maximum fees for both commercial and noncommercial navigational encroachments and for nonnavigational encroachments. Through this legislation and subsequent rulemaking, the State Board of Land Commissioners proposes to increase application fees sufficient to cover costs. In addition this legislation provides that applicants for commercial encroachments will pay the actual costs of processing because applications for these encroachments are frequently voluminous, complex, and time consuming. FISCAL NOTE Fees for navigational and non-navigational encroachments are established in Idaho Code Section 58-1307. The amount of fees collected annually for encroachments since 2003 has ranged from $27,600 and $43,000 per year, with the number of applications increasing at approximately 19 percent per year; this trend is expected to continue. These fees are paid into the general fund. The actual costs to process encroachment applications exceed the amount of revenues collected for fees. The fee increases proposed in this legislation are intended to increase the revenues collected for fees to a level that will cover most of the department’s program costs. Increasing the fees will reduce the impact to the general fund. CONTACT Name: Denise Mills Agency: Lands, Dept of Phone: 208-334-0200 STATEMENT OF PURPOSE/FISCAL NOTE H 526