RULES – Amends existing law to provide for the expiration of temporary rules.
Summary
S1364 makes a narrow change to Idaho’s Administrative Procedure Act governing temporary administrative rules. Under current law, a temporary rule that is not approved by concurrent resolution can expire either on its own terms or when the legislature adjourns sine die, which can leave a gap before related pending rules become final and effective on July 1. The bill changes that timing so an unapproved temporary rule expires by its own terms or on June 30 of the year following adoption, aligning expiration with the effective date of final rules and reducing the gap in rule coverage.
The measure is framed as a technical clarification intended to improve continuity and consistency in the rulemaking process rather than to make substantive policy changes. The bill text states that it has no fiscal impact on state or local government revenues or expenditures. It amends Idaho Code sections 67-5226 and 67-5291, which govern temporary rules and the administrative rule approval process.
Impact
The bill would amend Idaho’s Administrative Procedure Act by changing the expiration rule for certain temporary administrative rules that are not approved by the legislature. Specifically, it would replace the current expiration trigger tied to legislative adjournment with a June 30 expiration date in the year after adoption, unless the rule expires earlier by its own terms. This would affect state agencies that issue temporary rules, the legislature’s concurrent resolution review process, and regulated parties subject to those rules by preventing a period when temporary rules lapse before final rules take effect.
Sentiment
The available voting history suggests broad support for the bill, with the Senate passing it 35-0 on third reading. The statement of purpose presents the measure as a practical fix to a timing problem in rule expiration and rule finalization, and there is no recorded committee opposition or transcript-based controversy in the materials provided. Overall, the bill appears to have been viewed as a technical, noncontroversial administrative adjustment.
Contention
The main issue addressed by the bill is the timing gap created under current law when temporary rules expire upon adjournment sine die but pending approved rules do not become final until July 1. Supporters, including the bill sponsor, appear to favor the change because it provides clarity and continuity in rule administration. No specific opponents or competing viewpoints are identified in the provided materials, and the unanimous Senate vote indicates little visible contention.
Amends existing law to establish provisions regarding temporary rules, to revise provisions regarding temporary rules, and to provide for the sunset review of rules.
Amends and adds to existing law to revise provisions regarding employment security laws and to provide for certain administrative rules to be null, void, and of no force and effect.