Rating: +1

Bill Summary:

Senate Bill 1076 amends Idaho Code §67-5226 to significantly reform the state’s temporary rulemaking process. The bill limits the use of temporary administrative rules by executive agencies to specific and narrowly defined circumstances, including imminent threats to public health or safety, compliance with federal deadlines, protection of constitutional rights, reduction of regulatory burdens, or natural disasters.

To ensure accountability, the bill requires the Governor to issue a published justification for each temporary rule and mandates that such rules be submitted to the Legislative Services Office and published in the Idaho Administrative Bulletin. Temporary rules are no longer permitted to be reissued unless a new qualifying emergency arises or unless 90 days have passed since their expiration. Furthermore, the bill clarifies that temporary rules constitute final agency actions, granting citizens the ability to challenge them in court. The legislation includes an emergency clause and takes effect July 1, 2025.

Reason for Rating:

S1076 strongly aligns with the Idaho Republican Party Platform by restoring proper checks on executive rulemaking authority and reinforcing the separation of powers. The bill curbs the ability of unelected bureaucrats to impose binding rules without legislative oversight, ensuring that temporary rules are used only in truly exceptional situations. It also enhances transparency and individual rights by requiring public justifications and granting citizens legal standing to challenge these rules. By promoting limited government, regulatory restraint, and accountability, S1076 earns a positive rating.