id-11-1002-2501: Rules Governing State Criminal History Records and Crime Information (ZBR Chapter Rewrite)

Dear Senators LAKEY, Shippy, Wintrow, and Representatives SKAUG, Alfieri, Gannon: The Legislative Services Office, Research and Legislation, has received the enclosed rules of the Idaho State Police: IDAPA 11.10.02 - Rules Governing State Criminal History Records and Crime Information (ZBR Chapter Rewrite)-Proposed Rule (Docket No. 11-1002-2501). Pursuant to Section 67-454, Idaho Code, a meeting on the enclosed rules may be called by the cochairmen or by two (2) or more members of the subcommittee giving oral or written notice to Research and Legislation no later than fourteen (14) days after receipt of the rules' analysis from Legislative Services. The final date to call a meeting on the enclosed rules is no later than 08/28/2025. If a meeting is called, the subcommittee must hold the meeting within forty-two (42) days of receipt of the rules' analysis from Legislative Services. The final date to hold a meeting on the enclosed rules is 09/25/2025. The germane joint subcommittee may request a statement of economic impact with respect to a proposed rule by notifying Research and Legislation. There is no time limit on requesting this statement, and it may be requested whether or not a meeting on the proposed rule is called or after a meeting has been held. To notify Research and Legislation, call 334-4854, or send a written request to the address on the memorandum attached below. Page 1 of 1 Terri Kondeff Director MEMORANDUM TO: Rules Review Subcommittee of the Senate Judiciary & Rules Committee and the House Judiciary, Rules & Administration Committee FROM: Principal Legislative Drafting Attorney - Ryan Bush DATE: August 11, 2025 SUBJECT: Idaho State Police IDAPA 11.10.02 - Rules Governing State Criminal History Records and Crime Information (ZBR Chapter Rewrite)-Proposed Rule (Docket No. 11-1002-2501) Summary and Stated Reasons for the Rule The Idaho State Police (ISP) submits notice of proposed rulemaking at IDAPA 11.10.02 - Rules Gov- erning State Criminal History Records and Crime Information (ZBR Chapter Rewrite). ISP states that they performed a comprehensive review of the chapter in order to reduce the regulatory burden and increase clar- ity. The proposed rule would remove a provision regarding transmittal of criminal history records and revise provisions regarding contesting the accuracy and completeness of a criminal history record. Negotiated Rulemaking / Fiscal Impact Negotiated rulemaking was conducted, and notice was filed in the June edition of the Idaho Administra- tive Bulletin. There is no anticipated fiscal impact associated with this rulemaking. Statutory Authority The proposed rulemaking appears to be within the statutory authority granted to ISP in Section 67-3003, Idaho Code. cc: Idaho State Police Tecia Ferguson *** PLEASE NOTE *** Per the Idaho Constitution, all administrative rules may be reviewed by the Legislature during the next legisla- tive session. The Legislature has 3 options with this rulemaking docket: 1) Approve the docket in its entirety; 2) Reject the docket in its entirety; or 3) Reject the docket in part. Paul Headlee, Deputy DirectMatt Drake, Manager Keith Bybee, Manager April Renfro, Manager Norma Clark, Manager Legislative Services OffResearch & Legislation Budget & Policy AnalysLegislative AuditsInformation Technology Statehouse, P.O. Box 83720 Tel: 208–334–2475 Boise, Idaho 83720–0054 legislature.idaho.gov IDAPA 11 – IDAHO STATE POLICE 11.10.02 – RULES GOVERNING STATE CRIMINAL HISTORY RECORDS AND CRIME INFORMATION DOCKET NO. 11-1002-2501 (ZBR CHAPTER REWRITE) NOTICE OF RULEMAKING – PROPOSED RULE AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has initiated proposed rulemaking procedures. The action is authorized pursuant to Sections 67-3001, 67-3003, 67-3004, 67-3007, and 67-3010, Idaho Code. PUBLIC HEARING SCHEDULE:A public hearing concerning this rulemaking will be held as follows: Thursday, August 7, 2025 10:00 a.m. -11:00 a.m. MT In Person: Idaho State Police Headquarters 700 S Stratford Dr. Meridian, ID 83642 Cafeteria Conference Room Virtual: Join the meeting now Meeting ID: 221 188 119816 5 Passcode: t9bH2e5R The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation must be made not later than five (5) days prior to the hearing, to the agency address below. DESCRIPTIVE SUMMARY: The following is a nontechnical explanation of the substance and purpose of the proposed rulemaking: ISP initiated this rulemaking in support of Executive Order No. 2020-01 Zero-Based reduce the regulatory burden and increase clarity.the order, ISP performed a comprehensive review of the chapter to FEE SUMMARY: The following is a specific description of the fee or charge imposed or increased: There are no fees associated with this rulemaking. FISCAL IMPACT: The following is a specific description, if applicable, of any negative fiscal impact on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year as a result of this rulemaking: There is no fiscal impact associated with this rulemaking. NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(1), Idaho Code, negotiated rulemaking was conducted. The Notice of Intent to Promulgate Rules - Negotiated Rulemaking was published in the June 2025 Idaho Administrative Bulletin, Volume 25-6 pages 26-27. INCORPORATION BY REFERENCE: Pursuant to Section 67-5229(2)(a), Idaho Code, the following is a brief synopsis of why the materials cited are being incorporated by reference into this rule: There are no documents incorporated by reference associated with this rulemaking. ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning the proposed rule, contact Bureau Chief Leila McNeill at 208-884-7316, email Leila.McNeill@isp.idaho.gov. IdahoAdministrative Bulletin Page 26 August 6, 2025 – Vol. 25-8 IDAHO STATE POLICE Docket No. 11-1002-2501 State Criminal History Records & Crime Information Rules ZBR Proposed Rulemaking Anyone may submit written comments regarding this proposed rulemaking. All written comments must be directed to the undersigned and must be delivered on or beforeAugust 27, 2025. DATED this 26th day of June, 2025. Lieutenant Colonel Russ Wheatley, Chief of Staff Idaho State Police 700 S Stratford Drive Meridian ID 83642 (208) 884-7004 Russ.wheatley@isp.idaho.gov THE FOLLOWING IS THE PROPOSED TEXT OF DOCKET NO. 11-1002-2501 (ZBR Chapter Rewrite.) 11.10.02 – RULES GOVERNING STATE CRIMINAL HISTORY RECORDS AND CRIME INFORMATION 000. LEGALAUTHORITY. These rules are authorized by Sections 67-3001, 67-3003, 67-3004, 67-3007, and 67-3010, Idaho Code. (3-23-22)( ) 001. SCOPE. The rules relate to the governance and operation of criminal history records and crime information. (3-23-22) 002. -- 009. (RESERVED) 010. DEFINITIONS. Except as otherwise specifically provided, the terms defined or abbreviated in Section 67-3001, Idaho Code, have the same meaning in these rules. (3-23-22)