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IdahoH 05392026 regular legislative sessionHouse

IDAHO ADMINISTRATIVE PROCEDURE ACT – Amends existing law to establish provisions regarding temporary rules and to revise provisions regarding temporary rules.

Sponsored By: STATE AFFAIRS COMMITTEE

Signed by Governor

IDAHO ADMINISTRATIVE PROCEDURE ACT

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 4 benefits, 0 costs, 0 mixed.

You can challenge temporary rules

Beginning July 1, 2026, you can challenge a temporary rule that harms you. The law treats a temporary rule as a final agency action for review.

More transparency for temporary rules

Beginning July 1, 2026, if the governor says a temporary rule must start before lawmakers review it, the governor must publish why. For fee rules, the statement must explain why the fee avoids immediate danger. Agencies must place the governor’s finding and their reasons in the text of each temporary rule. Temporary rules must appear in the first available Idaho administrative bulletin.

Stricter limits on state temporary rules

Beginning July 1, 2026, agencies may use temporary rules only in emergencies or when negotiation is not feasible. The governor may approve a temporary rule only for listed reasons. Allowed reasons are an imminent threat, legal deadlines, reducing burdens, protecting rights, or a natural disaster. After a temporary rule expires, agencies cannot re-adopt the same or very similar rule right away. They can re-adopt only if the governor explains a new imminent threat, 90 days pass with a valid basis, or a disaster is declared.

Temporary rules must start full review

Beginning July 1, 2026, temporary rules must follow the statutory requirements in section 67-5223. When an agency issues a temporary rule, it must also start a proposed rule at the same time or soon after. The agency does not start if the temporary rule would expire before a proposed rule could be final. The proposed rule must show any changes from the legislature’s prior version.

Sponsors & Cosponsors

Sponsor

  • STATE AFFAIRS COMMITTEE

    Affiliation unavailable

Cosponsors

  • Jeff Ehlers

    Republican • House

  • Jim Guthrie

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 100 • No: 3

Senate vote • 3/10/2026

Senate Floor Vote

Yes: 33 • No: 1

House vote • 2/17/2026

House Floor Vote

Yes: 67 • No: 2

Actions Timeline

  1. Reported Signed by Governor on March 17, 2026 Session Law Chapter 41 Effective: 07/01/2026

    3/18/2026

  2. Delivered to Governor at 2:30 p.m. on March 13, 2026

    3/16/2026

  3. Returned Signed by the President; Ordered Transmitted to Governor

    3/13/2026Senate

  4. Signed by President; returned to House

    3/12/2026Senate

  5. Received from the House enrolled/signed by Speaker

    3/12/2026Senate

  6. Reported Enrolled; Signed by Speaker; Transmitted to Senate

    3/11/2026House

  7. Returned from Senate Passed; to JRA for Enrolling

    3/10/2026House

  8. Read third time in full – PASSED - 33-1-1

    3/10/2026Senate

  9. Read second time; filed for Third Reading

    2/26/2026Senate

  10. Reported out of Committee with Do Pass Recommendation; Filed for second reading

    2/25/2026Senate

  11. Introduced, read first time; referred to: State Affairs

    2/18/2026Senate

  12. Received from the House passed; filed for first reading

    2/18/2026Senate

  13. Read Third Time in Full – PASSED - 67-2-1

    2/17/2026House

  14. U.C. to hold place on third reading calendar one legislative day

    2/16/2026House

  15. Read second time; Filed for Third Reading

    2/13/2026House

  16. Reported out of Committee with Do Pass Recommendation, Filed for Second Reading

    2/12/2026House

  17. Reported Printed and Referred to State Affairs

    1/28/2026House

  18. Introduced, read first time, referred to JRA for Printing

    1/27/2026House

Bill Text

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