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HCR042........................................by TRANSPORTATION AND DEFENSE
TRANSPORTATION DEPARTMENT - RULE - Stating findings of the Legislature and
rejecting a rule of the Idaho Transportation Department relating to
overlegal permits for extra-length vehicle combinations during weather
restrictions.
02/11 House intro - 1st rdg - to printing
02/14 Rpt prt - to Transp
02/17 Rpt out - rec d/p - to 2nd rdg
02/18 2nd rdg - to 3rd rdg
02/22 3rd rdg - ADOPTED - 66-0-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Chase, Cheirrett, Clark, 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, Kunz, Lake, Linford, Loertscher,
Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Shepherd, Smylie, Stevenson, Stoicheff, Stone,
Tilman, Trail(Miller), Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Campbell, Crow, Smith, Taylor
Floor Sponsor - Kempton
Title apvd - to Senate
02/23 Senate intro - 1st rdg - to Transp
03/15 Rpt out - to 10th Ord
03/16 10th ord - ADOPTED - voice vote
Title apvd - to House
03/17 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed
03/22 To Secretary of State
HCR042
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE CONCURRENT RESOLUTION NO. 42
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 A CONCURRENT RESOLUTION
2 STATING FINDINGS OF THE LEGISLATURE AND REJECTING A CERTAIN RULE OF THE IDAHO
3 TRANSPORTATION DEPARTMENT RELATING TO OVERLEGAL PERMITS FOR EXTRA-LENGTH
4 VEHICLE COMBINATIONS AND WEATHER RESTRICTIONS.
5 Be It Resolved by the Legislature of the State of Idaho:
6 WHEREAS, the Legislature is vested with authority to reject executive
7 agency rules under the provisions of Section 67-5291, Idaho Code, in the event
8 that the Legislature finds that the rules are not consistent with legislative
9 intent; and
10 WHEREAS, it is the finding of the Legislature that a certain rule of the
11 Idaho Transportation Department relating to overlegal permits for extra-length
12 vehicle combinations and weather restrictions is not consistent with legisla-
13 tive intent and should be rejected.
14 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses-
15 sion of the Fifty-fifth Idaho Legislature, the House of Representatives and
16 the Senate concurring therein, that IDAPA 39.03.22, Section 200, Subsection 05
17 only, rules of the Idaho Transportation Department relating to overlegal per-
18 mits for extra-length vehicle combinations and weather restrictions, adopted
19 as a pending rule under Docket number 39-0322-9901, be, and the same violates
20 the legislative intent of the statute under which authority the rule was
21 adopted and is hereby rejected and declared null, void and of no force and
22 effect.
STATEMENT OF PURPOSE
RS09927
This concurrent resolution would reject a pending rule of the Idaho Transportation
Department relating to overlegal permits for extra- length vehicle combinations
during weather restrictions. The effect of this resolution, if adopted by both
houses, would be to prevent the agency rule from going into effect.
FISCAL NOTE
This resolution has no fiscal impact.
CONTACT: Rep. Jim Kempton, Chairman
House Transportation Committee
332-1146
STATEMENT OF PURPOSE/FISCAL NOTE HCR 42