Bill
H 218
Idaho agencies must issue all rules for statutes enacted after July 1, 2025 within 10 years, or risk no new rules unless the Legislature acts.
Note on document discrepancy
- The provided "Bill Information" header lists a title about FY2026 appropriations from the Opioid Abatement Special Fund, but the bill text and legislative actions supplied relate to an Idaho bill that amends the Idaho Administrative Procedure Act to add Section 67-5233 (expiration on rulemaking authority). This summary covers the actual bill text (Idaho HB 218).
Purpose and intent
- Establish a statutory time limit on an agency’s authority to promulgate administrative rules that implement statutes enacted on or after July 1, 2025. The purpose is to require agencies to adopt necessary rules within a defined period after a statute becomes law, otherwise limiting subsequent rulemaking absent legislative action.
Key provisions
- New Section Added: 67-5233, Idaho Code, to the Idaho Administrative Procedure Act.
- Applicability: Applies to agencies with statutory authority to “interpret, prescribe, implement, or enforce” statutes enacted on or after July 1, 2025.
- 10‑year limit: Agencies have 10 years from the statute’s effective date to promulgate all necessary rules and regulations related to that statute.
- Post‑10‑year restriction: After that 10‑year window, an agency may only promulgate new rules related to the statute if one of the following occurs:
- The Legislature substantively amends the section or chapter, or
- The Legislature enacts a new statute that confers rulemaking authority.
In either case, the agency’s rulemaking must be started within 2 years of the legislative amendment or new statute.
- Emergency clause and effective date: Declared an emergency; the act is to be in full force and effect on and after July 1, 2025.
Who is affected
- State agencies of Idaho that have statutory rulemaking authority for statutes enacted on/after July 1, 2025 (e.g., regulatory agencies across executive branch).
- Regulated entities and members of the public who rely on agency rules for compliance guidance — because delayed or foregone agency rulemaking beyond the deadline could leave statutory provisions without implementing regulations.
- The Legislature: retains de facto control over later rulemaking for older statutes by requiring legislative amendments or new statutes to re-trigger agency rulemaking authority after the deadline.
Fiscal and procedural notes
- Fiscal note: No additional costs anticipated; state agencies already conduct rulemaking under the governor’s ZBR process. No expected change in state or local expenditures or revenues.
- Legislative timeline/status (selected):
- Introduced: February 11, 2025
- Passed by Legislature and Governor signed on May 13, 2025
- Effective (per emergency clause): July 1, 2025
Potential impacts/considerations
- Agencies will need to prioritize and complete needed rulemaking within a 10‑year window for new statutes, which may accelerate regulatory drafting timelines.
- After 10 years, statutes without implementing rules could remain without agency regulations unless the Legislature takes action; this may shift some policy-making control back to the Legislature.
- The two‑year window following legislative amendment/new statute creates an additional timing constraint for agencies.
If you want, I can:
- Draft a short checklist for agencies to identify statutes requiring rulemaking under the new provision.
- Produce model legislative language clarifying exceptions (if any) or transition rules for statutes passed between specific dates.
Compiled from official sources — confirm details with the bill’s official record.
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