Bill Analyses and Ratings
Bill Information: S1364 – Temporary Admin Rules: Fixed June 30 Expiration
Bill Summary
Senate Bill 1364 amends two sections of Idaho’s Administrative Procedures Act to change when unapproved temporary administrative rules expire. Under current law, a temporary rule that the legislature does not approve by concurrent resolution expires at adjournment sine die of the next succeeding regular session — typically in late March or April. This bill replaces that variable endpoint with a fixed calendar date: June 30 of the year following the temporary rule’s adoption, whichever comes first.
The bill also adds a cross-reference in Section 67-5226(5), clarifying that agencies need not commence permanent rulemaking when a temporary rule will expire ‘by operation of law pursuant to section 67-5291, Idaho Code’ before a final rule could take effect. This is a technical clarification that aligns the statutory language with the updated expiration mechanism.
The bill takes effect July 1, 2026, under an emergency declaration. In practical terms, because Idaho legislative sessions historically adjourn before June 30, the new fixed deadline extends the life of unapproved temporary rules by roughly two to three months compared to the prior adjournment-based cutoff, giving agencies a slightly longer window before their temporary rules lapse.
Overall Assessment
This bill makes a narrow procedural change to Idaho’s administrative rulemaking process, replacing the variable expiration of unapproved temporary rules — tied to legislative adjournment — with a fixed June 30 deadline in the year following adoption. Because Idaho’s legislature typically adjourns in late March or April, the practical effect is that unapproved temporary agency rules will remain in force approximately two to three months longer than they did under prior law. The change brings predictability to rule expiration dates but does not alter any substantive policy area or the legislature’s underlying authority to approve or reject rules by concurrent resolution.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (0)
The bill's core change — replacing adjournment sine die with June 30 as the expiration date for unapproved temporary rules — is procedural and, on net, extends the lifespan of agency rules that the legislature has not affirmatively approved. Because Idaho sessions typically adjourn in late March or April, the new June 30 cutoff allows temporary rules to persist two to three months longer without legislative sanction, marginally reducing rather than tightening the legislature's check on executive agency rulemaking. The change provides calendar predictability but does not meaningfully shift the balance of accountability between the legislature and agencies.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)
The bill modifies only the expiration timing of temporary administrative rules and has no bearing on elections, voting, citizen participation, or public engagement in the political process.
ARTICLE III. EDUCATION (0)
The bill's changes to Sections 67-5226 and 67-5291 concern administrative rulemaking procedures exclusively and contain no provisions related to education policy, school funding, curriculum, or parental rights.
ARTICLE IV. AGRICULTURE (0)
The bill addresses only the expiration date of temporary administrative rules and makes no reference to agriculture, farming, ranching, water for agricultural use, or any related policy.
ARTICLE V. WATER (0)
The bill's amendments to Sections 67-5226 and 67-5291 are limited to rulemaking procedure and have no connection to water rights, water appropriation, or water management policy.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
The bill changes only the calendar deadline for temporary rule expiration and contains no provisions touching natural resources, environmental regulation, federal land policy, or related subjects.
ARTICLE VII. ENERGY (0)
The bill is confined to administrative rulemaking procedure and makes no changes to energy policy, energy production, utility regulation, or any related area.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
The bill's amendments address temporary rule expiration dates and have no connection to the Idaho National Laboratory, nuclear research, or technology development.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)
The bill modifies administrative rulemaking timelines only and contains no provisions affecting private property rights, eminent domain, or regulatory takings.
ARTICLE X. STATE AND FEDERAL LANDS (0)
The bill's changes to Sections 67-5226 and 67-5291 are purely procedural and make no reference to state or federal land ownership, management, or transfer.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
The bill addresses only the expiration of temporary administrative rules and has no bearing on wildlife management, hunting, fishing, or predator control policy.
ARTICLE XII. ECONOMY (0)
While temporary rules can carry regulatory implications for businesses, the bill's change — shifting the expiration date from legislative adjournment to June 30 — is a timing adjustment that neither creates nor removes any regulatory requirement. The marginal extension of temporary rule duration is too procedural and indirect to constitute a substantive economic policy change.
ARTICLE XIII. HEALTH AND WELFARE (0)
The bill modifies administrative rulemaking expiration procedures and contains no provisions related to healthcare, health insurance, public health programs, or welfare policy.
ARTICLE XIV. AMERICAN FAMILY (0)
The bill's amendments to Sections 67-5226 and 67-5291 concern only rulemaking procedure and make no reference to family policy, parental rights, marriage, or related subjects.
ARTICLE XV. OLDER AMERICANS (0)
The bill addresses temporary rule expiration dates exclusively and contains no provisions affecting services, benefits, or policies relevant to older Idahoans.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (0)
The bill's changes are confined to administrative rulemaking procedure and have no connection to criminal justice, law enforcement, firearms, or judicial process.
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (0)
The bill modifies only the expiration timing of temporary administrative rules and contains no provisions related to national defense, border security, military affairs, or veterans.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
The bill's amendments to Sections 67-5226 and 67-5291 address administrative rulemaking procedure and have no bearing on judicial elections, judicial selection, or constitutional interpretation.
ARTICLE XIX. RELIGIOUS LIBERTY (0)
The bill changes the expiration date for unapproved temporary administrative rules and contains no provisions touching religious freedom, free exercise, or conscience protections.