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HCR013........................................by TRANSPORTATION AND DEFENSE
TRANSPORTATION DEPARTMENT - RULE - Approving an administrative rule of the
Department of Transportation relating to tourist oriented directional
signs, located along highways, that imposes fees or charges; and expressing
legislative intent that any future changes in incorporated fees or charges
shall be approved by the Legislature by concurrent resolution.
01/27 House intro - 1st rdg - to printing
01/29 Rpt prt - to Transp
02/05 Rpt out - rec d/p - to 2nd rdg
02/08 2nd rdg - to 3rd rdg
02/09 3rd rdg - ADOPTED - 65-0-5
AYES -- Alltus, Barraclough, Barrett, Bieter, Black, Boe, Bruneel,
Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Limbaugh,
Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery,
Mortensen, Moyle, Pischner, Pomeroy, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Smith, Stevenson, Stoicheff, Stone, Tippets,
Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Bell, Reynolds, Taylor, Tilman, Williams
Floor Sponsor - Kempton
Title apvd - to Senate
02/10 Senate intro - 1st rdg - to Transp
03/12 Rpt out - rec d/p - to 10th Ord
03/15 10th ord - ADOPTED - voice vote
Title apvd - to House
03/16 To enrol
03/17 Rpt enrol - Sp signed - Pres signed
03/18 To Secretary of State
HCR013|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE CONCURRENT RESOLUTION NO. 13 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 A CONCURRENT RESOLUTION 2 STATING LEGISLATIVE FINDINGS AND APPROVING AN ADMINISTRATIVE RULE OF THE 3 DEPARTMENT OF TRANSPORTATION RELATING TO TOURIST ORIENTED DIRECTIONAL 4 SIGNS THAT IMPOSES FEES OR CHARGES. 5 Be It Resolved by the Legislature of the State of Idaho: 6 WHEREAS, the Legislature by statute must approve, amend or modify certain 7 administrative rules that impose a fee or charge by adoption of a concurrent 8 resolution before the rules become effective; and 9 WHEREAS, the Idaho Transportation Department has submitted as pending 10 rules for review by the Legislature certain rules which incorporate by refer- 11 ence a publication that establishes new fees and increases existing fees, 12 which fees shall not go into effect unless affirmatively approved by concur- 13 rent resolution; and 14 WHEREAS, the Legislature finds that it is in the public interest to adopt 15 this concurrent resolution. 16 NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session 17 of the Fifty-fifth Idaho Legislature, the House of Representatives and Senate 18 concurring therein, that IDAPA 39.03.64.002, a rule of the Idaho Transporta- 19 tion Department relating to incorporating by reference a publication concern- 20 ing tourist oriented directional signs, adopted as a pending rule under Docket 21 Number 39-0364-9801, be, and the same is hereby approved. 22 BE IT FURTHER RESOLVED that it is legislative intent that this approval 23 extends only to the incorporated fees or charges that currently are before the 24 Legislature, and that any changes in the incorporated fees or charges that may 25 occur in the future shall be submitted as rules imposing a fee or charge to 26 the Administrative Rules Coordinator and submitted to the Legislature for 27 review and approval as rules imposing a fee or charge pursuant to the provi- 28 sions of Section 67-5224, Idaho Code, and that any future changes in incorpo- 29 rated fees or charges shall be null, void and of no force and effect unless 30 and until approved by adoption of a concurrent resolution by both houses of 31 the Legislature.
STATEMENT OF PURPOSE
RS08694C1
The Idaho Transportation Department has submitted pending
(yellow) rules for legislative review that incorporate by
reference a number of provisions concerning tourist oriented
directional signs for services and activities along primary and
secondary highways. Included in those incorporated provisions are
new fees or increases in fees that should ordinarily have been
submitted to the Administrative Rules Coordinator and the
Legislature as a pending fee (green) rule. While pending rules
may go into effect after review without legislative action,
pending fee rules must be affirmatively approved by concurrent
resolution before taking effect. ~
This resolution would affirmatively approve any incorporated fees
or charges, so that they may go into effect. The resolution also
expresses legislative intent that any future changes in
incorporated fees or charges be correctly submitted to the
Administrative Rules Coordinator and the Legislature as pending
fee rules, and that failure to follow the proper procedures would
render any subsequent fee increases null and void, unless
approved by the Legislature.
FISCAL NOTE
This resolution would have no fiscal impact.
Contact: Rep. Jim Kempton, 332-1146
STATEMENT OF PURPOSE/FISCAL NOTE HCR 13