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SENATE CONCURRENT RESOLUTION NO. 112

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Daily Data Tracking History

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SCR112....................................................by TRANSPORTATION
TRANSPORTATION DEPARTMENT - RULES - Stating findings of the Legislature and
rejecting Idaho Transportation Department rules relating to repealing rules
in the Idaho Administrative Code dealing with highway matters and replacing
those rules with a permit conditions manual that would be incorporated by
reference into the Idaho Administrative Code.

02/10    Senate intro - 1st rdg - to printing
02/11    Rpt prt - to 10th Ord
02/12    10th ord - ADOPTED - voice vote
    Title apvd - to House
02/15    House intro - 1st rdg - to Transp
02/19    Rpt out - rec d/p - to 2nd rdg
02/22    2nd rdg - to 3rd rdg
02/23    3rd rdg - ADOPTED - voice vote - to Senate
02/24    To enrol
02/25    Rpt enrol - Pres signed - Sp signed
02/26    To Secretary of State

Bill Text

SCR112


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                           SENATE CONCURRENT RESOLUTION NO. 112

                               BY TRANSPORTATION COMMITTEE

 1                               A CONCURRENT RESOLUTION
 2    STATING FINDINGS OF THE LEGISLATURE AND REJECTING CERTAIN RULES OF  THE  IDAHO
 3        TRANSPORTATION  DEPARTMENT RELATING TO REPEALING RULES IN THE IDAHO ADMIN-
 4        ISTRATIVE CODE DEALING WITH HIGHWAY MATTERS AND REPLACING THOSE RULES WITH
 5        A PERMIT CONDITIONS MANUAL THAT WOULD BE INCORPORATED  BY  REFERENCE  INTO
 6        THE IDAHO ADMINISTRATIVE CODE.

 7    Be It Resolved by the Legislature of the State of Idaho:

 8        WHEREAS,  the  Legislature  is  vested  with authority to reject executive
 9    agency rules under the provisions of Section 67-5291, Idaho Code, in the event
10    that the Legislature finds that the rules are not consistent with  legislative
11    intent; and
12        WHEREAS,  it  is  the finding of the Legislature that certain rules of the
13    Idaho Transportation Department relating  to  repealing  rules  in  the  Idaho
14    Administrative  Code  dealing  with  highway matters and replacing those rules
15    with a permit conditions manual that would be incorporated by  reference  into
16    the  Idaho  Administrative Code are not consistent with legislative intent and
17    should be rejected.
18        NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session
19    of the Fifty-fifth Idaho Legislature, the Senate and the House of  Representa-
20    tives  concurring therein, that IDAPA 39.03.01, rules of the Idaho Transporta-
21    tion Department relating to repealing rules in the Idaho  Administrative  Code
22    dealing  with  highway  matters and replacing those rules with a permit condi-
23    tions manual that would be incorporated by reference into the  Idaho  Adminis-
24    trative  Code, adopted as a pending rule under Docket Number 39-0301-9802, and
25    the repeal of certain portions of the Idaho Administrative Code  dealing  with
26    highway matters, adopted as pending rules under Docket Number 39-0301-9801 and
27    Docket  Number  39-0305-9801 through and including Docket Number 39-0325-9801,
28    be, and the same are hereby rejected and declared null, void and of  no  force
29    and effect.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                             RS 08924

This concurrent resolution would reject certain pending rules of
the Idaho Transportation Department. The rules would have repealed
rules in the Idaho Administrative Code dealing with highway
matters, and replace those rules with a permit conditions manual
that would have been incorporated by reference into the Idaho
Administrative Code. The effect of this resolution, if adopted by
both houses, would be to prevent the agency rules and these
changes from going into effect.

                                 
                            FISCAL NOTE

This resolution has no fiscal impact.













CONTACT:  Senator Shawn Keough
        332-1340
        






STATEMENT OF PURPOSE/FISCAL NOTE            SCR 112