Amends existing law to provide for the expiration of temporary rules.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1364 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO ADMINISTRATIVE RULES; AMENDING SECTION 67-5226, IDAHO CODE, TO2 REVISE PROVISIONS REGARDING THE EXPIRATION OF TEMPORARY RULES; AMEND-3 ING SECTION 67-5291, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE EX-4 PIRATION OF TEMPORARY RULES; AND DECLARING AN EMERGENCY AND PROVIDING5 AN EFFECTIVE DATE.6

Be It Enacted by the Legislature of the State of Idaho:7

SECTION 1. That Section 67-5226, Idaho Code, be, and the same is hereby8 amended to read as follows:9 67-5226. TEMPORARY RULES. (1) If the governor finds that:10 (a) Protection of the public health, safety, or welfare; or11 (b) Compliance with deadlines in amendments to governing law or federal12 programs; or13 (c) Reducing a regulatory burden that would otherwise impact individu-14 als or businesses;15 requires a rule to become effective before it has been submitted for review,16 the agency may proceed with such notice as is practicable and adopt a tem-17 porary rule, except as otherwise provided in section 67-5229(1)(d), Idaho18 Code. The agency may make the temporary rule immediately effective. The19 agency shall incorporate the required finding and a concise statement of its20 supporting reasons in each rule adopted in reliance upon the provisions of21 this subsection.22 (2) A pending fee rule adopted pursuant to subsection (1) of this sec-23 tion may become effective under this section before it has been approved by24 concurrent resolution only if the governor finds that the fee or charge is25 necessary to avoid immediate danger.26 (3) Temporary rules shall be published in the first available issue of27 the bulletin.28 (4) Temporary rules are not subject to the requirements of section29 67-5223, Idaho Code, provided that the coordinator sends a copy of the tempo-30 rary rules to the director of the legislative services office.31 (5) Concurrently with the promulgation of a rule under this section, or32 as soon as reasonably possible thereafter, an agency shall commence the pro-33 mulgation of a proposed rule in accordance with the rulemaking requirements34 of this chapter, unless the temporary rule adopted by the agency will expire35 by its own terms or by operation of law pursuant to section 67-5291, Idaho36 Code, before the proposed rule could become final.37

SECTION 2. That Section 67-5291, Idaho Code, be, and the same is hereby38 amended to read as follows:39

2 67-5291. LEGISLATIVE REVIEW OF RULES. (1) A standing committee of the1 legislature shall review any temporary, pending, or final rule that is ger-2 mane to its committee and has been published in the bulletin or in the admin-3 istrative code to determine if the rule is consistent with the legislative4 intent of the statute that the rule was written to interpret, prescribe, im-5 plement, or enforce. If a reviewed rule is approved, the standing committee6 that approves the rule shall report its findings and recommendations to the7 body. If ordered by the presiding officer, the committee's report shall be8 printed in the journal.9 (2)(a) All temporary, pending, and final rules of any nature may be ap-10 proved or rejected by a concurrent resolution of the legislature. The11 concurrent resolution shall state the effective date of the approval or12 rejection.13 (b) The legislature may reject a rule, in whole or in part, where the14 legislature determines that the rule, or part of the rule, is not con-15 sistent with the legislative intent of the statute that the rule was16 written to interpret, prescribe, implement, or enforce. When rejecting17 a rule, the legislature shall make a finding of facts as to why the rule18 does not meet the legislative intent of the enabling statute by identi-19 fying how the rule is inconsistent with the authority granted by or the20 requirements of the corresponding section of Idaho Code. For purposes21 of this section, "part of the rule" means a provision in a rule that is22 designated either numerically or alphabetically or the entirety of any23 new or amended language contained therein. The rejection of a rule in24 whole or in part shall terminate the rule, in whole or in part, as of the25 effective date of the rejection. An agency shall not, subsequent to the26 rejection, issue a proposed rule that is substantially similar to the27 rejected rule unless it is consistent with the legislative intent of the28 statute as expressed in the concurrent resolution.29 (c) The secretary of state shall immediately notify the affected agency30 of the filing and effective date of any concurrent resolution enacted to31 approve or reject, in whole or in part, an agency rule. When an agency32 rule has been partially rejected, the secretary of state shall trans-33 mit a copy of the concurrent resolution to the director of the agency for34 promulgation of the rule as amended.35 (d) The agency shall be responsible for implementing legislative in-36 tent as expressed in the concurrent resolution, including, as appropri-37 ate, the reinstatement of the prior rule in whole or in part, if any, in38 the case of a resolution rejecting a rule in whole or in part. The agency39 shall publish notice of rejection of a rule in whole or in part in the40 bulletin.41 (3) A temporary rule that is not approved by a concurrent resolution42 shall expire by its own terms or at adjournment sine die of the next succeed-43 ing regular session of the legislature on June 30 of the year following the44 temporary rule's adoption, whichever date is earlier.45 (4) Except as set forth in sections 67-5226 and 67-5228, Idaho Code, a46 pending fee rule that is not approved by a concurrent resolution shall expire47 upon adjournment sine die of the legislative session during which the agency48 submits the pending fee rule to the legislature for review.49

3 (5) Except as set forth in sections 67-5226 and 67-5228, Idaho Code, a1 pending non-fee rule that is not approved by a concurrent resolution shall2 expire upon adjournment sine die of the legislative session during which the3 agency submits the pending rule to the legislature for review.4 (6) On and after January 1, 2024, pending fee and non-fee rules shall5 become effective on July 1 in the year of the legislative session in which the6 rule was approved by concurrent resolution unless otherwise specified in the7 concurrent resolution.8

SECTION 3. An emergency existing therefor, which emergency is hereby9 declared to exist, this act shall be in full force and effect on and after10 July 1, 2026.11