This bill amends Section 67-5226 of the Idaho Code to establish new provisions regarding the use of temporary rules by state agencies. It emphasizes that temporary rules should only be utilized in emergency situations or when negotiated rulemaking is not feasible, ensuring accountability to the legislature and Idaho citizens. The bill outlines specific circumstances under which the governor can declare a temporary rule necessary, including imminent threats to public health and safety, protection of citizens' rights, and natural disasters. Additionally, it mandates that the governor publish a statement explaining the need for an earlier effective date for such rules.

The bill also introduces several procedural changes, such as requiring agencies to commence the promulgation of proposed rules concurrently with temporary rules and to identify any changes from previous versions. It establishes that if a temporary rule expires, the agency cannot adopt the same or a similar rule again unless certain conditions are met, such as a new imminent threat or a disaster declaration. Furthermore, it allows individuals aggrieved by a temporary rule to challenge the agency's action as a final agency action. The act is set to take effect on July 1, 2025, due to an emergency declaration.

Statutes affected:
Bill Text: 67-5226
Engrossment 1: 67-5226