id-34-0402-2601: Rules Governing Business Entity Names

Dear Senators Guthrie, Bernt, Ruchti, and Representatives Crane, Scott, Church: The Legislative Services Office, Research and Legislation, has received the enclosed rules of the Secretary of State: IDAPA 34.04.02 - Rules Governing Business Entity Names-Proposed Rule (Docket No. 34-0402-2601). Pursuant to Section 67-454, Idaho Code, a meeting on the enclosed rules may be called by the cochairmen or by two (2) or more members of the subcommittee giving oral or written notice to Research and Legislation no later than fourteen (14) days after receipt of the rules' analysis from Legislative Services. The final date to call a meeting on the enclosed rules is no later than 10/19/2026. If a meeting is called, the subcommittee must hold the meeting within forty-two (42) days of receipt of the rules' analysis from Legislative Services. The final date to hold a meeting on the enclosed rules is 11/16/2026. The germane joint subcommittee may request a statement of economic impact with respect to a proposed rule by notifying Research and Legislation. There is no time limit on requesting this statement, and it may be requested whether or not a meeting on the proposed rule is called or after a meeting has been held. To notify Research and Legislation, call 334-4854, or send a written request to the address on the memorandum attached below. Page 1 of 1 Terri Kondeff Director MEMORANDUM TO: Rules Review Subcommittee of the Senate State Affairs Committee and the House State Affairs Committee FROM: Legislative Drafting Attorney - Monica Harrington DATE: October 02, 2026 SUBJECT: Secretary of State IDAPA 34.04.02 - Rules Governing Business Entity Names-Proposed Rule (Docket No. 34-0402-2601) Summary and Stated Reasons for the Rule The Secretary of State submits notice of proposed rulemaking at IDAPA 34.04.02 - Rules Governing Business Entity Names (Docket No. 34-0402-2601). The Secretary states that the proposed rule updates out- dated language and Idaho Code references as well as eliminates outdated sections that are no longer used by the agency. Negotiated Rulemaking / Fiscal Impact The Secretary states that negotiated rulemaking was conducted and that notice was published in the June 3, 2026, Idaho Administrative Bulletin, Volume 26-6, page 28. There is no fiscal impact anticipated with this rulemaking. Statutory Authority The proposed rulemaking appears to be within the statutory authority granted to the Secretary of State pursuant to Chapter 9, Title 67, Idaho Code. cc: Secretary of State Rob McQuade *** PLEASE NOTE *** Per the Idaho Constitution, all administrative rules may be reviewed by the Legislature during the next legisla- tive session. The Legislature has 3 options with this rulemaking docket: 1) Approve the docket in its entirety; 2) Reject the docket in its entirety; or 3) Reject the docket in part. Paul Headlee, Deputy DirectMatt Drake, Manager Keith Bybee, Manager April Renfro, Manager Norma Clark, Manager Legislative Services OffResearch & Legislation Budget & Policy AnalysLegislative AuditsInformation Technology Statehouse, P.O. Box 83720 Tel: 208–334–2475 Boise, Idaho 83720–0054 legislature.idaho.gov IDAPA 34 – IDAHO SECRETARY OF STATE 34.04.02 – RULES GOVERNING BUSINESS ENTITY NAMES DOCKET NO. 34-0402-2601 NOTICE OF RULEMAKING – PROPOSED RULE AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has initiated proposed rulemaking procedures. The action is authorized pursuant to Title 67, Chapter 9, Idaho Code. PUBLIC HEARING SCHEDULE: Public hearing(s) concerning this rulemaking will be scheduled if requested in writing by twenty-five (25) persons, a political subdivision, or an agency, not later thanAugust 19, 2026. The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation must be made not later than five (5) days prior to the hearing, to the agency address below. DESCRIPTIVE SUMMARY: The following is a nontechnical explanation of the substance and purpose of the proposed rulemaking: These changes update outdated language and code references, as well as eliminate outdated sections that are no longer used by the agency. FEE SUMMARY: The following is a specific description of the fee or charge imposed or increased: None. FISCAL IMPACT: The following is a specific description, if applicable, of any negative fiscal impact on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year resulting from this rulemaking: N/A. NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(1), Idaho Code, negotiated rulemaking was conducted. The Notice of Intent to Promulgate Rules - Negotiated Rulemaking was published in the June 3, 2026 IdahoAdministrative Bulletin, Vol. 26-6, page 28. INCORPORATION BY REFERENCE: Pursuant to Section 67-5229(2)(a), Idaho Code, the following is a brief synopsis of why the materials cited are being incorporated by reference into this rule: Not applicable. There are no documents incorporated by reference affected by this rulemaking. ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning the proposed rule, contact Matthew Reiber at 208-334-2830. Anyone may submit written comments regarding this proposed rulemaking. All written comments must be directed to the undersigned and must be delivered on or beforeAugust 26, 2026. DATED this July 8, 2026. Matthew Reiber, Deputy Secretary of State Idaho Secretary of State 700 W. Jefferson St., EW205, Boise, ID, 83702 208-334-2300 mreiber@sos.idaho.gov sos.idaho.gov Idaho Administrative Bulletin Page 39 August 5, 2026 – Vol. 26-8 IDAHO SECRETARY OF STATE Docket No. 34-0402-2601 Rules Governing Business Entity Names Proposed Rulemaking THE FOLLOWING IS THE PROPOSED TEXT OF DOCKET NO. 34-0402-2601 (Only Those Sections WithAmendmentsAre Shown.) 34.04.02 – RULES GOVERNING BUSINESS ENTITY NAMES 000. LEGALAUTHORITY. In accordance with Section 67-903(9)Chapter 9, Title 67, Idaho Code, the Secretary of State has authority to promulgate administrative rules in order to execute the duties of the office. (3-31-22)( ) 001. SCOPE. These rules apply to business entity name registration and business entity name reservation as provided for in Title 30, Chapters 21, 22, 23, 24, 25, 27, 29, and -30, Idaho Code. (3-31-22)( ) 002. -- 009. (RESERVED) 010. DEFINITIONS.