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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
917
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
AI
REGULATORY
REVIEW;
AMENDING
TITLE
67,
IDAHO
CODE,
BY
THE
ADDI
-
2
TION
OF
A
NEW
CHAPTER
34,
TITLE
67,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
3
FOR
THE
AI
REGULATORY
REVIEW
ACT;
AND
DECLARING
AN
EMERGENCY.
4
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
5
SECTION
1.
That
Title
67,
Idaho
Code,
be,
and
the
same
is
hereby
amended
6
by
the
addition
thereto
of
a
NEW
CHAPTER
,
to
be
known
and
designated
as
Chap
-
7
ter
34,
Title
67,
Idaho
Code,
and
to
read
as
follows:
8
CHAPTER
34
9
AI
REGULATORY
REVIEW
ACT
10
67
-
3401.
SHORT
TITLE.
This
chapter
shall
be
known
and
may
be
cited
as
1
1
the
"AI
Regulatory
Review
Act."
12
67
-
3402.
LEGISLATIVE
FINDINGS
AND
INTENT.
(1)
The
legislature
finds
13
that:
14
(a)
Outdated
and
unnecessarily
burdensome
regulations
impose
substan
-
15
tial
costs
to
the
state
and
on
individuals
and
businesses;
16
(b)
Artificial
intelligence
can
systematically
analyze
regulatory
17
frameworks
at
scales
impractical
by
manual
human
review;
and
18
(c)
Regular
systematic
review
ensures
regulations
remain
relevant,
ef
-
19
fective,
and
minimally
burdensome.
20
(2)
Therefore,
it
is
the
intent
of
the
legislature
to
establish
AI
-
em
-
21
powered
regulatory
review
so
as
to
reduce
unnecessary
regulatory
burdens
22
while
maintaining
public
protections.
23
67
-
3403.
DEFINITIONS.
As
used
in
this
chapter:
24
(1)
"Agency"
means
any
department,
board,
commission,
or
other
entity
25
of
the
state
authorized
by
the
legislature
to
adopt
rules
or
regulations.
26
(2)
"Artificial
intelligence"
or
"AI"
or
"AI
system"
means
advanced
ar
-
27
tificial
intelligence
systems
capable
of
autonomous
analysis
and
recommen
-
28
dation
generation
regarding
regulatory
requirements.
29
(3)
"Guidance
document"
means
any
agency
statement
that
lacks
the
force
30
and
effect
of
law
but
provides
direction
regarding
regulatory
compliance
or
31
interpretation.
32
(4)
"Plain
language"
means
clear,
concise,
well
-
organized
writing
that
33
is
appropriate
to
the
subject
matter
and
intended
audience.
34
(5)
"Regulation"
means
any
rule,
standard,
or
other
mandate
adopted
by
35
an
agency
that
has
the
force
and
effect
of
law.
36
(6)
"Qualified
agency
personnel"
means
a
person
employed
by
an
agency
37
that
has
subject
matter
expertise
or
legal
or
regulatory
analysis
expertise.
38
2
67
-
3404.
AI
REVIEW
REQUIRED.
All
agencies
shall
cause
their
regula
-
1
tions
and
guidance
documents
to
be
reviewed
by
an
AI
system
when
conducting
2
their
periodic
review
pursuant
to
section
67
-
5292,
Idaho
Code.
The
AI
system
3
shall:
4
(1)
Analyze:
5
(a)
The
mandates
provided
for
by
the
regulation
or
guidance
document
6
and
determine:
7
(i)
Whether
such
mandates
are
required
by
state
or
federal
law
8
or
regulation
or
another
binding
authority
or
are
discretionary,
9
including
relevant
binding
and
persuasive
state
and
federal
case
10
law;
1
1
(ii)
Whether
such
mandates
conflict
with
or
are
duplicative
of
12
other
regulatory
or
statutory
provisions
of
the
state;
13
(iii)
How
such
mandates
compare
to
those
of
neighboring
states
and
14
federal
laws
and
regulations;
and
15
(iv)
Whether
such
mandates
can
be
simplified
and
written
in
plain
16
language
while
achieving
the
same
mandated
objective.
17
(b)
The
language
of
the
regulation
and
guidance
document
to
determine
18
whether
the
text
uses
plain
language;
19
(c)
The
cost
of
complying
with
the
regulation
or
guidance
document,
in
-
20
cluding:
21
(i)
Agency
and
public
training
hours
required
to
ensure
compli
-
22
ance;
23
(ii)
Time
associated
with
filing
and
processing
various
forms
and
24
paperwork
required
to
be
done
by
the
agency
or
public;
25
(iii)
Fees
and
direct
costs
associated
with
compliance
for
the
26
agency
and
public;
and
27
(iv)
Other
resources
required
for
compliance
with
the
regulation
28
or
guidance
document;
and
29
(d)
The
economic
impact
of
its
proposed
modifications
to
the
agency's
30
regulation
or
guidance
document;
and
31
(2)
Provide:
32
(a)
Recommendations
for
proposed
modifications
based
on
its
analysis;
33
(b)
A
cost
-
benefit
analysis
of
the
proposed
modifications;
and
34
(c)
An
estimate
of
the
potential
savings
from
accepting
a
proposed
mod
-
35
ification.
36
67
-
3405.
HUMAN
REVIEW
REQUIRED.
(1)
All
AI
-
generated
analyses
and
37
recommendations
shall
be
reviewed
and
approved
by
qualified
agency
person
-
38
nel.
No
agency
regulation
or
guidance
document
shall
be
amended
or
repealed
39
based
solely
on
AI
analysis
without
human
review
and
approval
conducted
by
40
qualified
agency
personnel.
41
(2)
Within
thirty
(30)
days
of
the
AI
completing
its
review,
the
quali
-
42
fied
agency
personnel
shall:
43
(a)
Verify
the
factual
accuracy
of
the
AI
analyses;
44
(b)
Assess
appropriateness
of
the
AI
-
proposed
modification
recommen
-
45
dations;
46
(c)
Ensure
AI
-
proposed
modifications
maintain
and
align
with
applica
-
47
ble
statutory
authority
and
legislative
intent;
48
3
(d)
Approve
or
reject
each
of
the
AI
-
proposed
modification
recommenda
-
1
tions;
2
(e)
Eliminate
mandates
duplicative
of
or
contradictory
to
state
or
fed
-
3
eral
law
or
regulation;
4
(f)
Correct
plain
language
deficiencies;
5
(g)
Streamline
and
reduce
any
unnecessary
regulatory
burden
on
the
6
agency
or
public;
7
(h)
Ensure
references
and
citations
remain
current
and
remove
or
revise
8
such
provisions;
and
9
(i)
Initiate
rulemaking
pursuant
to
the
provisions
of
this
chapter
and
10
chapter
52,
title
67,
Idaho
Code.
1
1
(3)
If,
after
conducting
the
review,
the
qualified
agency
personnel
de
-
12
termines
that
certain
provisions
identified
by
the
AI
as
potentially
unnec
-
13
essary
should,
nevertheless,
be
retained,
the
agency
shall
document:
14
(a)
The
rationale
for
such
determination;
15
(b)
The
benefit
provided
by
such
provision;
and
16
(c)
Why
less
burdensome
alternatives
or
use
of
plain
language
is
insuf
-
17
ficient.
18
67
-
3406.
RULEMAKING
AND
REPORTING
REQUIRED.
(1)
Rulemaking,
pursuant
19
to
the
Idaho
administrative
procedures
act,
chapter
52,
title
67,
Idaho
20
Code,
shall
be
promptly
initiated
by
an
agency
to
incorporate
changes
based
21
on
review
conducted
pursuant
to
the
provisions
of
this
chapter.
Agencies
22
shall
use
such
act's
expedited
rulemaking
procedures
for
non
-
substantive
23
corrections
and
burden
-
reducing
changes
whenever
possible.
24
(2)
Each
agency
shall
annually
publish
a
report
containing:
25
(a)
The
number
of
regulations
and
guidance
documents
reviewed;
26
(b)
The
AI
-
generated
review
for
each
regulation
and
guidance
document,
27
including
its
analysis
and
recommendations;
28
(c)
The
review
process
conducted
by
the
qualified
agency
personnel;
29
(d)
The
number
of
AI
-
generated
recommendations
that
were
accepted
by
30
the
agency
and
appear
as
proposed
changes
to
the
rule;
31
(e)
The
estimated
quantified
burden
reductions
achieved;
and
32
(f)
The
estimated
cost
savings
to
the
agency
and
the
public,
including
33
regulated
persons.
34
(3)
Such
report
shall:
35
(a)
Be
publicly
available
and
published
on
the
respective
agency's
web
-
36
site;
and
37
(b)
Be
delivered
and
presented
to
the
appropriate
legislative
commit
-
38
tee
for
review
and
approval
pursuant
to
section
29,
article
III
of
the
39
constitution
of
the
state
of
Idaho
and
chapter
52,
title
67,
Idaho
Code.
40
(4)
An
agency
may
combine
the
report
required
by
this
section
with
the
41
legislative
report
required
by
section
67
-
5292,
Idaho
Code.
42
67
-
3407.
IMMEDIATE
AGENCY
ACTION
REQUIRED.
Within
six
(6)
months
of
43
the
effective
date
of
this
chapter,
each
agency
shall:
44
(1)
Acquire
or
develop
AI
systems
capable
of
performing
the
analyses
45
required
by
this
chapter;
46
(2)
Complete
an
AI
-
assisted
comprehensive
review
of
all
regulations
47
and
guidance
documents
under
its
authority;
48
4
(3)
Complete
its
human
review
required
by
this
chapter;
and
1
(4)
Initiate
rulemaking
procedures
pursuant
to
this
chapter
and
chap
-
2
ter
52,
title
67,
Idaho
Code.
3
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
4
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
5
passage
and
approval.
6