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HOUSE CONCURRENT RESOLUTION NO. 44

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Daily Data Tracking History

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HCR044...............................by JUDICIARY, RULES AND ADMINISTRATION
ADMINISTRATIVE RULES - CORRECTION BOARD - Stating findings of the
Legislature and rejecting a rule of the State Board of Correction relating
to records exempt from disclosure.
                                                                        
01/30    House intro - 1st rdg - to printing
01/31    Rpt prt - to 2nd rdg
02/01    2nd rdg - to 3rd rdg
02/04    3rd rdg - ADOPTED - voice vote - to Senate
02/05    Senate intro - 1st rdg - to Jud
02/25    Rpt out - rec d/p - to 10th Ord
02/26    10th ord - ADOPTED - voice vote
    Title apvd - to House
02/27    To enrol
02/28    Rpt enrol - Sp signed
03/01    Pres signed
03/04    To Secretary of State

Bill Text

                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                             HOUSE CONCURRENT RESOLUTION NO. 44
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                               A CONCURRENT RESOLUTION
  2    STATING FINDINGS OF THE LEGISLATURE AND REJECTING A  CERTAIN  PROCLAMATION  OF
  3        RULEMAKING  OF  THE  STATE  BOARD OF CORRECTION RELATING TO RECORDS EXEMPT
  4        FROM DISCLOSURE.
                                                                        
  5    Be It Resolved by the Legislature of the State of Idaho:
                                                                        
  6        WHEREAS, all rules of the State Board of Correction are subject to  review
  7    of  the  Legislature  pursuant to Sections 67-454, 67-5291, and 67-5292, Idaho
  8    Code; and
  9        WHEREAS, the Legislature is vested  with  authority  to  reject  executive
 10    agency rules under the provisions of Section 67-5291, Idaho Code, in the event
 11    that  the Legislature finds that the rules are not consistent with legislative
 12    intent; and
 13        WHEREAS, it is the finding of the Legislature that a certain  proclamation
 14    of rulemaking of the State Board of Correction relating to records exempt from
 15    disclosure is not consistent with legislative intent and should be rejected.
 16        NOW,  THEREFORE,  BE IT RESOLVED by the members of the Second Regular Ses-
 17    sion of the Fifty-sixth Idaho Legislature, the House  of  Representatives  and
 18    the  Senate  concurring  therein, that IDAPA 06.01.01, Section 108, subsection
 19    04.b.vii, a rulemaking of the State Board of Correction  relating  to  records
 20    exempt  from  disclosure,  adopted  by proclamation and published under Docket
 21    Number 06-0101-0103, be, and the same is hereby rejected  and  declared  null,
 22    void and of no force and effect.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                            RS 11800

Rules adopted by proclamation by the State Board of Correction are 
subject to review of the Legislature, and, pursuant tO Section 
67-5291, Idaho Code7 may be rejected where it is determined that 
the rule violates legislative intent. This concurrent resolution 
would reject a rule adopted by the State Board of Correction 
relating to public records exempt from disclosure. The effect of 
the resolution, if adopted by both houses, would be to prevent the 
rule from remaining in effect beyond the date the concurrent 
resolution is adopted.


                           FISCAL NOTE

This concurrent resolution has no fiscal impact.



Contact:  Carl Bianchi
          Director of Legislative Services
          334-2475


STATEMENT OF PURPOSE/FISCAL NOTE		HCR 44