Print Friendly HOUSE CONCURRENT RESOLUTION NO. 44 – Correction Bd, rule, rejected
HOUSE CONCURRENT RESOLUTION NO. 44
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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
|||| 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
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.
This concurrent resolution has no fiscal impact.
Contact: Carl Bianchi
Director of Legislative Services
STATEMENT OF PURPOSE/FISCAL NOTE HCR 44