All Roll Calls
Yes: 100 • No: 3
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
3 provisions identified: 1 benefits, 0 costs, 2 mixed.
Quicker public notice and court review of rules
Beginning July 1, 2026, temporary rules must be published in the first available administrative bulletin. When an agency adopts a temporary rule, it must also start the normal proposed rule process, unless the temporary rule will expire before a proposed rule could become final. Proposed rules must show changes from the version the legislature adopted. Temporary rules are not subject to section 67-5223 if the coordinator sends a copy to the Legislative Services Office director. If a temporary rule harms you, you can ask a court to review it as a final agency action under section 67-5270.
Faster emergency rules and fees with governor approval
Starting July 1, 2026, the governor can let a temporary rule take effect before legislative review for set reasons. Reasons include sudden or worsening threats to health or safety, meeting legal or federal deadlines, reducing burdens, protecting rights, or a natural disaster. The governor must publish why an early date is needed, and the agency must include that finding and reasons in the rule. A fee can take effect early only if the governor finds it is needed to avoid immediate danger and explains why.
Tighter limits on agency temporary rules
Beginning July 1, 2026, agencies can use temporary rules only for emergencies or when negotiated rulemaking is not possible. Agencies must favor negotiated rulemaking. After a temporary rule expires, an agency cannot adopt the same or a very similar temporary rule right away. Exceptions apply if the governor finds an imminent threat and publishes reasons, 90 days have passed and a new basis exists, or a disaster emergency is declared.
Sponsors & Cosponsors
Sponsor
STATE AFFAIRS COMMITTEE
Affiliation unavailable
Cosponsors
Jeff Ehlers
Republican • House
Jim Guthrie
Republican • Senate
Roll Call Votes
House vote • 3/10/2026
House Floor Vote
Yes: 33 • No: 1
House vote • 2/17/2026
House Floor Vote
Yes: 67 • No: 2
Actions Timeline
Reported Signed by Governor on March 17, 2026 Session Law Chapter 41 Effective: 07/01/2026
3/18/2026Delivered to Governor at 2:30 p.m. on March 13, 2026
3/16/2026Returned Signed by the President; Ordered Transmitted to Governor
3/13/2026HouseReceived from the House enrolled/signed by Speaker
3/12/2026SenateReported Enrolled; Signed by Speaker; Transmitted to Senate
3/11/2026HouseRead third time in full – PASSED - 33-1-1
3/10/2026HouseRead second time; filed for Third Reading
2/26/2026HouseReported out of Committee with Do Pass Recommendation; Filed for second reading
2/25/2026HouseReceived from the House passed; filed for first reading
2/18/2026SenateRead Third Time in Full – PASSED - 67-2-1
2/17/2026HouseU.C. to hold place on third reading calendar one legislative day
2/16/2026HouseRead second time; Filed for Third Reading
2/13/2026HouseReported out of Committee with Do Pass Recommendation, Filed for Second Reading
2/12/2026HouseReported Printed and Referred to State Affairs
1/28/2026HouseIntroduced, read first time, referred to JRA for Printing
1/27/2026House
Bill Text
Bill Text
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