2003 Legislation
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HOUSE BILL NO. 211 – Water Resources Dept, hearings

HOUSE BILL NO. 211

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Daily Data Tracking History



H0211aa.......................................by RESOURCES AND CONSERVATION
WATER RESOURCES DEPARTMENT - Amends existing law to revise the procedures
for hearings required by law to be held before the director of the
Department of Water Resources.
                                                                        
02/10    House intro - 1st rdg - to printing
02/11    Rpt prt - to Res/Con
02/20    Rpt out - to Gen Ord
02/26    Rpt out amen - to engros
02/27    Rpt engros - 1st rdg - to 2nd rdg as amen
02/28    2nd rdg - to 3rd rdg as amen
03/03    3rd rdg as amen - PASSED - 64-0-6
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bell, Black, Block,
      Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
      Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,
      Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
      Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo,
      Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman,
      Trail, Wills, Wood
      NAYS -- None
      Absent and excused -- Bedke, Bieter, Deal, Gagner, Harwood, Mr.
      Speaker
    Floor Sponsor - Raybould
    Title apvd - to Senate
03/04    Senate intro - 1st rdg - to Res/Env
03/17    Rpt out - rec d/p - to 2nd rdg
03/19    2nd rdg - to 3rd rdg
03/20    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw,
      Calabretta(Wilson), Cameron, Compton, Darrington, Davis, Gannon,
      Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
      Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce,
      Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk,
      Williams
      NAYS -- None
      Absent and excused --Brandt
    Floor Sponsor - Kennedy
    Title apvd - to House
03/21    To enrol
03/24    Rpt enrol - Sp signed
03/25    Pres signed
03/26    To Governor
03/27    Governor signed
         Session Law Chapter 138
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 211
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO HEARINGS BEFORE THE DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES;
  3        AMENDING SECTION 42-1701A, IDAHO CODE, TO REVISE THE PROCEDURES FOR  HEAR-
  4        INGS  REQUIRED  BY LAW TO BE HELD BEFORE THE DIRECTOR OF THE DEPARTMENT OF
  5        WATER RESOURCES.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 42-1701A, Idaho Code, be, and the same is  hereby
  8    amended to read as follows:
                                                                        
  9        42-1701A.  HEARINGS  BEFORE DIRECTOR -- APPEALS. (1) All hearings required
 10    by law to be held before the director of the  department  of  water  resources
 11    shall  be conducted in accordance with the provisions of chapter 52, title 67,
 12    Idaho Code, and rules of procedure promulgated by the director.
 13        (2)  The director, in his discretion, may direct that a  hearing  be  con-
 14    ducted  by  a  hearing  officer  appointed by the director. In such event, the
 15    hearing officer shall have the duty to make a complete record of the  evidence
 16    presented and duly received at the hearing and to prepare a proposal for deci-
 17    sion recommended or preliminary order in accordance with chapter 52, title 67,
 18    Idaho Code, and rules of procedure promulgated by the director.
 19        (3)  Unless  the  right  to  a  hearing  before  the director or the water
 20    resource board is otherwise provided by statute, any person aggrieved  by  any
 21    action  of the director, including any decision, determination, order or other
 22    action, of the director of the department  of  water  resources  or  including
 23    action  upon any applicant application for any a permit, license, certificate,
 24    approval, registration, or similar form of permission required by  law  to  be
 25    issued  by  the director, who is aggrieved by a denial or conditional approval
 26    ordered by the action of  the  director,  and  who  has  not  previously  been
 27    afforded  an  opportunity  for  a hearing on the matter shall be entitled to a
 28    hearing before the director to contest the denial or conditional approval upon
 29    filing action. The person shall file with the director,  within  fifteen  (15)
 30    days  after  receipt  of  written notice of the denial or conditional approval
 31    action issued by the director, or receipt of actual notice, a written petition
 32    stating the grounds for contesting the action by the director and requesting a
 33    hearing. The director shall give such notice of the petition to other affected
 34    persons as the director deems appropriate. The hearing shall be held and  con-
 35    ducted  in  accordance  with the provisions of subsections (1) and (2) of this
 36    section. Judicial review of any final order of the director  issued  following
 37    the hearing may shall be had pursuant to subsection (4) of this section.
 38        (4)  Any  person  who  is  aggrieved  by  a final decision or order of the
 39    director is entitled to judicial review. The judicial review shall be  had  in
 40    accordance  with  the  provisions and standards set forth in chapter 52, title
 41    67, Idaho Code.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                                     Moved by    Wood                
                                                                        
                                                     Seconded by Field (23)          
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 211
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed  bill,  delete  lines  33  and  34,  and  insert:
  3    "hearing.  The director shall give such notice of the petition as is necessary
  4    to provide other affected persons an opportunity to participate  in  the  pro-
  5    ceeding. The hearing shall be held and con-".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 211, As Amended
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO HEARINGS BEFORE THE DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES;
  3        AMENDING SECTION 42-1701A, IDAHO CODE, TO REVISE THE PROCEDURES FOR  HEAR-
  4        INGS  REQUIRED  BY LAW TO BE HELD BEFORE THE DIRECTOR OF THE DEPARTMENT OF
  5        WATER RESOURCES.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 42-1701A, Idaho Code, be, and the same is  hereby
  8    amended to read as follows:
                                                                        
  9        42-1701A.  HEARINGS  BEFORE DIRECTOR -- APPEALS. (1) All hearings required
 10    by law to be held before the director of the  department  of  water  resources
 11    shall  be conducted in accordance with the provisions of chapter 52, title 67,
 12    Idaho Code, and rules of procedure promulgated by the director.
 13        (2)  The director, in his discretion, may direct that a  hearing  be  con-
 14    ducted  by  a  hearing  officer  appointed by the director. In such event, the
 15    hearing officer shall have the duty to make a complete record of the  evidence
 16    presented and duly received at the hearing and to prepare a proposal for deci-
 17    sion recommended or preliminary order in accordance with chapter 52, title 67,
 18    Idaho Code, and rules of procedure promulgated by the director.
 19        (3)  Unless  the  right  to  a  hearing  before  the director or the water
 20    resource board is otherwise provided by statute, any person aggrieved  by  any
 21    action  of the director, including any decision, determination, order or other
 22    action, of the director of the department  of  water  resources  or  including
 23    action  upon any applicant application for any a permit, license, certificate,
 24    approval, registration, or similar form of permission required by  law  to  be
 25    issued  by  the director, who is aggrieved by a denial or conditional approval
 26    ordered by the action of  the  director,  and  who  has  not  previously  been
 27    afforded  an  opportunity  for  a hearing on the matter shall be entitled to a
 28    hearing before the director to contest the denial or conditional approval upon
 29    filing action. The person shall file with the director,  within  fifteen  (15)
 30    days  after  receipt  of  written notice of the denial or conditional approval
 31    action issued by the director, or receipt of actual notice, a written petition
 32    stating the grounds for contesting the action by the director and requesting a
 33    hearing. The director shall give such notice of the petition as  is  necessary
 34    to  provide  other  affected persons an opportunity to participate in the pro-
 35    ceeding. The hearing shall be held and conducted in accordance with the provi-
 36    sions of subsections (1) and (2) of this section. Judicial review of any final
 37    order of the director issued following the hearing may shall be  had  pursuant
 38    to subsection (4) of this section.
 39        (4)  Any  person  who  is  aggrieved  by  a final decision or order of the
 40    director is entitled to judicial review. The judicial review shall be  had  in
 41    accordance  with  the  provisions and standards set forth in chapter 52, title
 42    67, Idaho Code.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                             RS 12871

This proposed amendment would correct an ambiguity in the present
wording of Section 42-1701A(3), Idaho Code, which could be read to
limit the opportunity to request a hearing before the director of
the Department of Water Resources to persons aggrieved by action
upon an application for permit, license, certificate or other
similar form of permission.  The proposed amendment to the statute
would clarify that any person aggrieved by an action of the
director shall be entitled to request a hearing to contest the
action, if the right to a hearing is not otherwise provided by
statute.




                         FISCAL IMPACT

Enactment of this legislation will not affect the state's General
Fund.







CONTACT
Name:        Karl Dreher
Agency:      Water Resources, Dept. of
Phone:       327-7910

Statement of Purpose/Fiscal Impact                    H 21