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Senate OKs limits and transparency requirements for temporary administrative rules
Summary
Senate Bill 10‑76 passed the Senate; the bill adds parameters for issuing temporary administrative rules, requires publication of justification, and preserves emergency exceptions for imminent threats. The Senate approved the measure and will send it to the House.
The Idaho Senate on Feb. 28 approved Senate Bill 10‑76, which revises the Administrative Procedure Act to add constraints and transparency requirements for temporary rules. The bill passed after brief floor discussion and will be transmitted to the House.
Sponsor Senator Guthrie said the bill “seeks to provide… reasonable parameters” around issuing temporary rules but maintains discretion for emergency circumstances such as natural disasters or imminent public‑health threats. Guthrie said the measure would require publication of a statement justifying the temporary rule and limit the repeated reissuance of substantially similar temporary rules unless specified conditions exist.
The sponsor noted the bill preserves due process by maintaining existing channels for challenging temporary rules under current code. A letter of support from a stakeholder group was placed on members’ desks, according to the sponsor.
By unanimous consent of the Senate, the roll‑call sequence used earlier in the day was applied to SB 10‑76 and the chair announced the bill passed; the title was approved and the bill will be sent to the House for consideration.
Senators recorded no substantive floor amendments during final consideration. The bill delegates enforcement and challenge procedures to existing administrative processes in Idaho code and preserves emergency exceptions for narrowly defined circumstances.
