SCR 128

                    LEGISLATURE OF THE STATE OF IDAHO
 Sixty-eighth Legislature  Second Regular Session - 2026
                                 IN THE SENATE
                     SENATE CONCURRENT RESOLUTION NO. 128
                          BY STATE AFFAIRS COMMITTEE
1A CONCURRENT RESOLUTION
2  STATING FINDINGS OF THE LEGISLATURE AND APPROVING ALL TEMPORARY AND PENDING
3      RULES SUBMITTED TO THE LEGISLATURE FOR REVIEW DURING THE 2026 LEGISLA-
4      TIVE SESSION, WITH EXCEPTIONS.
5  Be It Resolved by the Legislature of the State of Idaho:
6      WHEREAS, pursuant to Section 67-5291, Idaho Code, standing committees
7  of the Legislature shall review any temporary or pending rule that is ger-
8  mane to its committee and has been published in the Idaho Administrative Bul-
9  letin; and
10     WHEREAS, temporary rules that are not approved by a concurrent resolu-
11 tion shall expire by their own terms or at adjournment sine die of the next
12 succeeding regular session of the Legislature, whichever date is earlier;
13 and
14     WHEREAS, pending rules that are not approved by a concurrent resolution
15 shall expire upon adjournment sine die of the legislative session during
16 which the agency submits the pending rules to the Legislature for review; and
17     WHEREAS, the Legislature may reject a rule, in whole or in part, when the
18 Legislature determines that the rule, or part of the rule, is not consistent
19 with the legislative intent of the statute that the rule was written to in-
20 terpret, prescribe, implement, or enforce; and
21     WHEREAS, the Legislature reviewed pending and temporary rules from the
22 following agencies:
23     (1) Department of Administration;
24     (2) Department of Agriculture;
25     (3) Department of Commerce;
26     (4) Department of Environmental Quality;
27     (5) Department of Fish and Game;
28     (6) Department of Health and Welfare;
29     (7) Department of Insurance;
30     (8) Department of Lands;
31     (9) Department of Parks and Recreation;
32     (10) Department of Water Resources;
33     (11) Division of Career Technical Education;
34     (12) Division of Occupational and Professional Licenses;
35     (13) Division of Veterans Services;
36     (14) Idaho Commission for the Blind and Visually Impaired;
37     (15) Idaho Commission on Aging;
38     (16) Idaho Hop Growers' Commission;
39     (17) Idaho Public Safety Communications Commission;
40     (18) Idaho Public Utilities Commission;
41     (19) Idaho State Lottery;
42     (20) Idaho State Police;
43     (21) Idaho Transportation Department;
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1(22) Office of Administrative Hearings;
2(23) Secretary of State;
3(24) Sexual Offender Management Board;
4(25) State Board of Education; and
5(26) State Tax Commission; and
6WHEREAS, it is the finding of the Legislature that certain rule dock-
7  ets of the Department of Agriculture, Department of Environmental Quality,
8  Department of Fish and Game, Department of Health and Welfare, Department
9  of Parks and Recreation, Department of Water Resources, Division of Occupa-
10 tional and Professional Licenses, Idaho Public Safety Communications Com-
11 mission, Idaho Transportation Department, Office of Administrative Hear-
12 ings, and Sexual Offender Management Board are not consistent with legisla-
13 tive intent; and
14      WHEREAS, the Senate Commerce and Human Resources Committee approved the
15 pending rule in Docket No. 24-3950-2501, IDAPA 24.39.50, Division of Occu-
16 pational and Professional Licenses, Rules of the Public Works Contractors
17 License Board, to have an effective date of sine die of the Second Regular
18 Session of the Sixty-eighth Idaho Legislature, and did not hear the docket's
19 corresponding temporary rule, which was therefore not approved; and
20      WHEREAS, the House Business Committee approved the pending rule in
21 Docket No. 24-3950-2501, IDAPA 24.39.50, Division of Occupational and Pro-
22 fessional Licenses, Rules of the Public Works Contractors License Board, to
23 have an effective date of July 1, 2026, and approved the temporary rule in
24 that docket, thereby extending the docket's corresponding temporary rule to
25 expire upon the pending rule's effective date of July 1, 2026; and
26      WHEREAS, the Senate and House Health and Welfare Committees did not re-
27 view, and therefore did not approve, the following pending rules at the re-
28 quest of the Department of Health and Welfare, who expressed intent to allow
29 the rules to expire upon sine die:
30      (1) IDAPA 16.06.03, Department of Health and Welfare, Rules for Daycare
31 Licensing, Docket No. 16-0603-2501, the entire docket; and
32      (2) IDAPA 16.06.12, Department of Health and Welfare, Rules for the
33 Idaho Child Care Program, Docket No. 16-0612-2501, the entire docket.
34      NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular
35 Session of the Sixty-eighth Idaho Legislature, the Senate and the House of
36 Representatives concurring therein, that all temporary and pending rules
37 adopted by state agencies pursuant to the Administrative Procedure Act and
38 submitted to the Legislature through the Office of the Administrative Rules
39 Coordinator for review during the Second Regular Session of the Sixty-eighth
40 Idaho Legislature, be, and the same are hereby approved, with the exception
41 of the following enumerated rules, which are hereby rejected, not approved,
42 and declared null, void, and of no force and effect upon adjournment sine die
43 of the Second Regular Session of the Sixty-eighth Idaho Legislature:
44      (1) IDAPA 02.06.01, Department of Agriculture, Rules Governing the
45 Production and Distribution of Seed, Docket No. 02-0601-2501, Section 112.,
46 new Subsections .01, .02, .03, .04, and .05, only;
47      (2) IDAPA 13.01.04, Department of Fish and Game, Rules Governing Li-
48 censing, Docket No. 13-0104-2401, Section 700., Subsection 02., and Section
49 800., Subsection 02., only;
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1(3) IDAPA 13.01.08, Department of Fish and Game, Rules Governing Tak-
2  ing of Big Game Animals, Docket No. 13-0108-2401, Section 410., Subsection
3  04.g. and Subsection 04.h., only;
4(4) IDAPA 15.06.01, Idaho Military Division, Rules Governing the Idaho
5  Public Safety Communications Commission, Docket No. 15-0601-2501, the en-
6  tire docket;
7(5) IDAPA 16.06.03, Department of Health and Welfare, Rules for Daycare
8  Licensing, Docket No. 16-0603-2501, the entire docket, at the request of the
9  Department of Health and Welfare;
10      (6) IDAPA 16.06.12, Department of Health and Welfare, Rules for the
11 Idaho Child Care Program, Docket No. 16-0612-2501, the entire docket, at the
12 request of the Department of Health and Welfare;
13      (7) IDAPA 24.05.01, Division of Occupational and Professional Li-
14 censes, Rules of the Board of Drinking Water and Wastewater Professionals,
15 Docket No. 24-0501-2501, Section 400., only;
16      (8) IDAPA 24.06.01, Division of Occupational and Professional Li-
17 censes, Rules for the Licensure of Occupational Therapists and Occupational
18 Therapy Assistants, Docket No. 24-0601-2501, the entire docket;
19      (9) IDAPA 24.13.01, Division of Occupational and Professional Li-
20 censes, Rules Governing the Physical Therapy Licensure Board, Docket No.
21 24-1301-2501, the entire docket;
22      (10) IDAPA 24.39.30, Division of Occupational and Professional Li-
23 censes, Rules of Building Safety, Docket No. 24-3930-2502, the entire
24 docket;
25      (11) IDAPA 24.39.50, Division of Occupational and Professional Li-
26 censes, Rules of the Public Works Contractors License Board, Docket No.
27 24-3950-2501, the entire temporary rule docket;
28      (12) IDAPA 26.01.20, Department of Parks and Recreation, Rules Govern-
29 ing the Administration of Park and Recreation Areas and Facilities, Docket
30 No. 26-0120-2501, Section 075. and Section 250., only;
31      (13) IDAPA 37.03.07, Idaho Department of Water Resources, Stream Chan-
32 nel Alteration Rules, Docket No. 37-0307-2501, the entire docket;
33      (14) IDAPA 39.02.60, Idaho Transportation Department, Rules Governing
34 License Plate Provisions, Docket No. 39-0260-2501, Section 012., Subsec-
35 tion 03., only;
36      (15) IDAPA 57.01.01, Sexual Offender Management Board, Rules of the
37 Sexual Offender Management Board, Docket No. 57-0101-2502, the entire
38 docket;
39      (16) IDAPA 58.01.11, Department of Environmental Quality, Ground Water
40 Quality Rules, Docket No. 58-0111-2501, Section 003. and Section 200., Sub-
41 section 01.a., only; and
42      (17) IDAPA 62.01.01, Office of Administrative Hearings, Idaho Rules of
43 Administrative Procedure, Docket No. 62-0101-2501, Section 011., Section
44 012., and Section 515., only.
45      BE IT FURTHER RESOLVED that, except as otherwise provided in this con-
46 current resolution, the pending rules approved by this concurrent resolu-
47 tion shall become effective on July 1, 2026.
48      BE IT FURTHER RESOLVED that the pending rules contained in the following
49 dockets shall become effective upon adjournment sine die of the Second Regu-
50 lar Session of the Sixty-eighth Idaho Legislature:
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1(1) IDAPA 18.04.15, Department of Insurance, Rules Governing Short-
2  term Health Insurance Coverage, Docket No. 18-0415-2501, the entire docket;
3(2) IDAPA 24.39.50, Division of Occupational and Professional Li-
4  censes, Rules of the Public Works Contractors License Board, Docket No.
5  24-3950-2501, the entire pending rule docket;
6(3) IDAPA 57.01.01, Sexual Offender Management Board, Rules of the Sex-
7  ual Offender Management Board, Docket No. 57-0101-2501, the entire docket;
8  and
9(4) IDAPA 58.01.08, Department of Environmental Quality, Rules for
10 Public Drinking Water Systems, Docket No. 58-0108-2502, the entire docket.