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House Bill 218 — Admin rules, expiration (0)

House Bill 218 — Admin rules, expiration (0)

by
Parrish Miller
February 17, 2025

Bill Description: House Bill 218 would require agencies to promulgate rules within 10 years of new laws being passed.

Rating: 0

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?

House Bill 218 would create Section 67-5233, Idaho Code, to give agencies a 10-year deadline to "promulgate rules that interpret, prescribe, implement, or enforce" new laws passed on or after July 1, 2025. 

After the deadline, "the agency may only promulgate new rules and regulations related to the relevant statute after a substantive amendment to the section or chapter by the legislature or following the addition of a new statute that confers rulemaking authority."

In such cases, the rulemaking must start within two years after lawmakers approve the new statute or amendment of an existing one.

While the idea of giving agencies a deadline to promulgate rules is appropriate, ten years is too long. Applying the deadline only to laws passed after this year limits the effectiveness of the requirement.

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