Bill Description: Senate Bill 1076 would limit agencies’ use of temporary rules.

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Does it in any way restrict public access to information related to government activity or otherwise compromise government transparency, accountability, or election integrity? Conversely, does it increase public access to information related to government activity or increase government transparency, accountability, or election integrity?

Senate Bill 1076 would amend Section 67-5226, Idaho Code, to say that agencies should use temporary rules "only in emergency situations where negotiated rulemaking is not feasible." 

Current law says "protection of the public health, safety, or welfare" is sufficient justification for a temporary rule. This bill would narrow the scope of this provision to require "an imminent threat to the public health, safety, or welfare from a specified danger that was unknown to the agency prior to or during the most recent session of the legislature or from the measurable worsening of such threat or danger." It would allow a temporary rule for the "protection of citizens' rights."

The bill would require the governor to publish a statement explaining why a temporary rule is being implemented and how it complies with the requirements of this law. 

These changes could reduce the use of temporary rules and should provide greater transparency when they are implemented.

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