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 ACT	1
RELATING TO ADMINISTRATIVE RULES; AMENDING SECTION 67-5226, IDAHO CODE, TO	2
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 PROVIDING	5
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 hereby	8
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; or	11
(b) Compliance with deadlines in amendments to governing law or federal	12
programs; or	13
(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), Idaho	18
Code. The agency may make the temporary rule immediately effective. The	19
agency shall incorporate the required finding and a concise statement of its	20
supporting reasons in each rule adopted in reliance upon the provisions of	21
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 by	24
concurrent resolution only if the governor finds that the fee or charge is	25
necessary to avoid immediate danger.	26
(3) Temporary rules shall be published in the first available issue of	27
the bulletin.	28
(4) Temporary rules are not subject to the requirements of section	29
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, or	32
as soon as reasonably possible thereafter, an agency shall commence the pro-	33
mulgation of a proposed rule in accordance with the rulemaking requirements	34
of this chapter, unless the temporary rule adopted by the agency will expire	35
by its own terms or by operation of law pursuant to section 67-5291, Idaho	36
Code, before the proposed rule could become final.	37
SECTION 2. That Section 67-5291, Idaho Code, be, and the same is hereby	38
amended to read as follows:	39

-- 1 of 3 --

2
67-5291. LEGISLATIVE REVIEW OF RULES. (1) A standing committee of the	1
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 legislative	4
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 committee	6
that approves the rule shall report its findings and recommendations to the	7
body. If ordered by the presiding officer, the committee's report shall be	8
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. The	11
concurrent resolution shall state the effective date of the approval or	12
rejection.	13
(b) The legislature may reject a rule, in whole or in part, where the	14
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 was	16
written to interpret, prescribe, implement, or enforce. When rejecting	17
a rule, the legislature shall make a finding of facts as to why the rule	18
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 the	20
requirements of the corresponding section of Idaho Code. For purposes	21
of this section, "part of the rule" means a provision in a rule that is	22
designated either numerically or alphabetically or the entirety of any	23
new or amended language contained therein. The rejection of a rule in	24
whole or in part shall terminate the rule, in whole or in part, as of the	25
effective date of the rejection. An agency shall not, subsequent to the	26
rejection, issue a proposed rule that is substantially similar to the	27
rejected rule unless it is consistent with the legislative intent of the	28
statute as expressed in the concurrent resolution.	29
(c) The secretary of state shall immediately notify the affected agency	30
of the filing and effective date of any concurrent resolution enacted to	31
approve or reject, in whole or in part, an agency rule. When an agency	32
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 for	34
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, in	38
the case of a resolution rejecting a rule in whole or in part. The agency	39
shall publish notice of rejection of a rule in whole or in part in the	40
bulletin.	41
(3) A temporary rule that is not approved by a concurrent resolution	42
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 the	44
temporary rule's adoption, whichever date is earlier.	45
(4) Except as set forth in sections 67-5226 and 67-5228, Idaho Code, a	46
pending fee rule that is not approved by a concurrent resolution shall expire	47
upon adjournment sine die of the legislative session during which the agency	48
submits the pending fee rule to the legislature for review.	49

-- 2 of 3 --

3
(5) Except as set forth in sections 67-5226 and 67-5228, Idaho Code, a	1
pending non-fee rule that is not approved by a concurrent resolution shall	2
expire upon adjournment sine die of the legislative session during which the	3
agency submits the pending rule to the legislature for review.	4
(6) On and after January 1, 2024, pending fee and non-fee rules shall	5
become effective on July 1 in the year of the legislative session in which the	6
rule was approved by concurrent resolution unless otherwise specified in the	7
concurrent resolution.	8
SECTION 3. An emergency existing therefor, which emergency is hereby	9
declared to exist, this act shall be in full force and effect on and after	10
July 1, 2026.	11

-- 3 of 3 --