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S 1076 Idaho Senate · 68th Legislature, 1st Regular Session (2025)

IDAHO ADMINISTRATIVE PROCEDURE ACT – Amends existing law to establish provisions regarding temporary rules, to revise provisions regarding temporary rules, and to provide for the sunset review of rules.

This bill amends Idaho's Administrative Procedure Act to restrict the use of temporary agency rules to true emergencies, such as unexpected public health threats, natural disasters, or urgent compliance deadlines. It requires the governor to document specific justifications for temporary rules (e.g., "imminent threat to public safety") and mandates agencies to immediately begin drafting permanent rules while the temporary rule is in effect. The bill also prevents agencies from reusing the same temporary rule without new justification after 90 days or a renewed emergency finding.
Bill status passed both 4 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Apr 2025
Senate Passage
Feb 2025
House Passage
Mar 2025
Governor
Introduced Feb 10, 2025 Last action Apr 1, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Bill Text → Engrossment 1 · 5 edits
MODERATE
The bill was amended to expand when temporary rules can be used, clarify the requirements for adopting them, and strengthen judicial review of temporary rules. The changes add new circumstances under which temporary rules are permitted, require agencies to follow up with formal rulemaking, and allow exceptions to the ban on reusing expired temporary rules under specific emergency conditions.
Scope change
The scope of when temporary rules may be used was expanded to include natural disasters and other limited situations beyond just emergencies, and the conditions under which expired temporary rules can be reused were clarified with specific exceptions.
REQUIREMENT

Changed the requirement that temporary rules only apply in emergency situations to also include 'other limited situations' where negotiated rulemaking is not feasible.

Added new exceptions allowing agencies to reuse expired temporary rules in cases of imminent public health threats, after 90 days have passed, or during declared disaster emergencies.

Modified the text to clarify that agencies must make every effort to use negotiated rulemaking, with temporary rules as an exception rather than the norm.

ELIGIBILITY

Added a new circumstance allowing temporary rules when a natural disaster occurs.

ENFORCEMENT

Changed the language regarding who can challenge temporary rules from 'regulated or other affected parties' to 'a person aggrieved' and clarified the legal basis for challenges.

Floor votes · Senate Feb 28, 2025 · House Mar 31, 2025

How they voted

36–0
Passed
Total votes 36
Feb 28, 2025
D Democratic6
6 Yea
100% Yea
R Republican30
30 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
27
Key actions
7
Committee
10
Amendments
3
Apr 1, 2025
Introduced
Filed in the office of the Secretary of the Senate
upper
Apr 1, 2025
Introduced
Senate did not Concur in House Amendments
upper
Apr 1, 2025
Committee
Referred to 10th Order for possible concurrence
upper
Apr 1, 2025
Introduced
Returned from House, amended
upper
Mar 31, 2025
House · Passed
House Vote: pass (56-8-2)
house
Mar 27, 2025
Committee
Amendments Referred to the JRA for Printing
lower
Mar 27, 2025
Lower · Passed
Reported out without recommendation as amended
lower
Mar 27, 2025
Committee
Referred to the Committee of the Whole
lower
Mar 26, 2025
Lower · Passed
Reported out of Committee, Recommend place on General Orders
lower
Feb 28, 2025
Senate · Passed
Senate Vote: pass (36-0)
senate
Feb 25, 2025
Introduced
Amendments reported printed
upper
Feb 25, 2025
Committee
Amendments ordered printed; referred for engrossment
upper
Feb 25, 2025
Upper · Passed
Reported out without recommendation, as amended
upper
Feb 25, 2025
Upper · Passed
Placed in the Committee of the Whole
upper
Feb 21, 2025
Upper · Passed
Reported out of committee; to 14th Order for amendment
upper
Feb 11, 2025
Committee
Reported Printed; referred to State Affairs
upper
Feb 10, 2025
Introduced
Introduced; read first time; referred to JR for Printing
upper
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.