Amends existing law to establish provisions regarding temporary rules and to revise provisions regarding temporary rules.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 539 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO THE IDAHO ADMINISTRATIVE PROCEDURE ACT; AMENDING SECTION2 67-5226, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING TEMPORARY RULES3 AND TO REVISE PROVISIONS REGARDING TEMPORARY RULES; AND DECLARING AN4 EMERGENCY AND PROVIDING AN EFFECTIVE DATE.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. That Section 67-5226, Idaho Code, be, and the same is hereby7 amended to read as follows:8 67-5226. TEMPORARY RULES. (1) The legislature finds that temporary9 rules do not always follow the negotiated rulemaking process. Therefore, to10 ensure accountability of agency rules to the legislature and to Idaho citi-11 zens, temporary rules shall be used only in emergency or other limited situa-12 tions where negotiated rulemaking is not feasible. Agencies shall make ev-13 ery effort to promulgate rules utilizing the negotiated rulemaking process.14 (1) (2) If the governor finds that:15 (a) Protection of An imminent threat to the public health, safety, or16 welfare from a specified danger that was unknown to the agency prior to17 or during the most recent session of the legislature or from the measur-18 able worsening of such threat or danger; or19 (b) Compliance with deadlines in amendments to governing law or federal20 programs; or21 (c) Reducing a regulatory burden that would otherwise impact individu-22 als or businesses;23 (d) Protection of citizens' rights; or24 (e) A natural disaster;25 requires a rule to become effective before it has been submitted for26 legislative review, the governor shall publish a statement explaining why27 an earlier effective date is required in accordance with the provisions of28 this section. The agency may then proceed with such notice as is practi-29 cable and adopt a temporary rule, except as otherwise provided in section30 67-5229(1)(d), Idaho Code. The agency may make the temporary rule immedi-31 ately effective. The agency shall incorporate the required finding and a32 concise statement of its supporting reasons in each rule adopted in reliance33 upon on the provisions of this subsection.34 (2) (3) A pending fee rule adopted pursuant to subsection (1) (2) of35 this section may become effective under this section before it has been ap-36 proved by concurrent resolution only if the governor finds that the fee or37 charge is necessary to avoid immediate danger. The governor shall publish38 a statement explaining why an earlier effective date is required subject to39 the provisions of subsection (2) of this section, including an explanation40 as to why the fee or charge is necessary to avoid immediate danger.41

2 (3) (4) Temporary rules shall be published in the first available issue1 of the bulletin.2 (4) (5) Temporary rules are not shall be subject to the requirements of3 section 67-5223, Idaho Code, provided that the coordinator sends a copy of4 the temporary rules to the director of the legislative services office.5 (5) (6) Concurrently with the promulgation of a rule under this sec-6 tion, or as soon as reasonably possible thereafter, an agency shall commence7 the promulgation of a proposed rule in accordance with the rulemaking re-8 quirements of this chapter, unless the temporary rule adopted by the agency9 will expire by its own terms or by operation of law before the proposed rule10 could become final. Such concurrently promulgated proposed rules shall11 identify the changes from the previous version of the rule adopted by the12 legislature, if any.13 (7) If a temporary rule expires by its own terms or by operation of law,14 the promulgating agency may not adopt the same rule or a substantially simi-15 lar rule as a temporary rule again, unless:16 (a) The governor finds it is necessary due to an imminent threat to the17 public health, safety, or welfare, as described in subsection (2)(a) of18 this section, and publishes a statement explaining the changed or emer-19 gency circumstances;20 (b) Ninety (90) days have elapsed since the expiration of the previous21 temporary rule and a basis for a new temporary rule is present; or22 (c) The governor declares a disaster emergency pursuant to state law.23 (8) A person aggrieved by a promulgating agency's adoption of a tempo-24 rary rule may challenge such agency action as a final agency action in accor-25 dance with the provisions of section 67-5270, Idaho Code.26

SECTION 2. An emergency existing therefor, which emergency is hereby27 declared to exist, this act shall be in full force and effect on and after28 July 1, 2026.29