HOUSE CONCURRENT RESOLUTION NO. 38

2008 Legislation

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HOUSE CONCURRENT RESOLUTION NO. 38<br /> – Juvenile Correctn Dept, rules

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Bill Status


HCR038...............................by JUDICIARY, RULES AND ADMINISTRATION
JUVENILE CORRECTIONS DEPARTMENT - RULES - Stating findings of the
Legislature and rejecting certain rules of the Department of Juvenile
Corrections pertaining to Rules of the Custody Review Board.

02/08    House intro - 1st rdg - to printing
02/11    Rpt prt - to 2nd rdg
02/12    2nd rdg - to 3rd rdg
02/14    3rd rdg - ADOPTED - 67-0-3
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block,
      Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
      Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
      Mortimer, Moyle, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ringo(Cooke), Roberts, Ruchti, Rusche, Sayler, Schaefer,
      Shepherd(02), Shepherd(08), Shirley, Shively, Smith(30), Smith(24),
      Snodgrass, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27),
      Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Black, Nielsen, Stevenson
    Floor Sponsor - Smith(24)
    Title apvd - To Senate
02/15    Senate intro - 1st rdg - to Jud
02/28    Rpt out - rec d/p - to 10th Ord
02/29    10th Ord - ADOPTED - voice vote
    Floor Sponsor - Darrington
    Title apvd - to House
03/03    To enrol
03/04    Rpt enrol - Sp signed
03/05    Pres signed
03/06    To Secretary of State

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                             HOUSE CONCURRENT RESOLUTION NO. 38

                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

  1                               A CONCURRENT RESOLUTION
  2    STATING FINDINGS OF THE LEGISLATURE AND REJECTING CERTAIN RULES OF THE DEPART-
  3        MENT OF JUVENILE CORRECTIONS PERTAINING TO RULES  OF  THE  CUSTODY  REVIEW
  4        BOARD.

  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  certain rules of the
 11    Department of Juvenile Corrections pertaining to Rules of the  Custody  Review
 12    Board are not consistent with legislative intent and should be rejected.
 13        NOW,  THEREFORE,  BE IT RESOLVED by the members of the Second Regular Ses-
 14    sion of the Fifty-ninth Idaho Legislature, the House  of  Representatives  and
 15    the  Senate  concurring  therein,  that  IDAPA  05.01.03, Rules of the Custody
 16    Review Board, Section 102, relating to Structure and Composition of  the  Cus-
 17    tody  Review Board, Subsection 01.a, the amended language only, and Subsection
 18    02.c, the amended language only, Rules of the Department of  Juvenile  Correc-
 19    tions,  as adopted as a pending rule under Docket Number 05-0103-0701, be, and
 20    the same are hereby rejected and declared null,  void  and  of  no  force  and
 21    effect.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 17790

This concurrent resolution would reject amended portions of two
subsections of a pending rule of the Department of Juvenile
Corrections pertaining to Rules of the Custody Review Board as
being not consistent with Legislative intent.  The effect of this
resolution, if adopted by both houses, would be to prevent the
second sentence in the subsection of the agency rule from going
into effect.



                           FISCAL NOTE


This concurrent resolution has no fiscal impact.






Contact
Name: Representative Leon Smith 
Phone: 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                        HCR 38