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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
1
1
(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
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
1
1
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
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.
1
1