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Committee advances bill to tighten standards for temporary administrative rules
Summary
The committee approved sending Senate Bill 1076 (as amended) to general orders; the bill would add guardrails for temporary administrative rules, require explanations when temporary rules are used and subject certain temporary rules to Idaho Code 67-5223 economic analysis.
The House State Affairs Committee voted to send Senate Bill 1076, as amended, to general orders after sponsor Representative Jeff Ehlers (R., District 21) described the measure as an effort “to improve our temporary rules process.”
Representative Ehlers told the committee the bill would require agencies to state reasons for adopting temporary rules — for example, imminent threats, natural disasters or protection of citizens’ rights — and would ask “the gentleman on the second floor” (the governor’s office) to issue a statement explaining why a temporary rule was needed. The bill also would make temporary rules subject to the requirements of Idaho Code section 67-5223, a cost-benefit/economic impact analysis used for other rule types, and would limit repeat use of substantially similar temporary rules except in narrow circumstances such as imminent threats.
After brief discussion about a 90-day window in the draft, Representative Ehlers said he would be open to amendments to shorten that period. Representatives asked clarifying questions about the 90-day timeframe and whether the language should say 30 or 60 days.
The committee first considered a substitute motion to send the bill to the floor with a due-pass recommendation; that substitute was defeated in a voice vote. The committee then approved the motion to send Senate Bill 1076 as amended to general orders by voice vote.
No public testimony opposing the bill was recorded in the transcript; Russ Hendricks of the Idaho Farm Bureau testified in support.
Next steps: SB 1076 (as amended) will be placed on the committee’s general orders calendar for further floor consideration or amendment.
