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Rules, rules and ever more rules

September 11, 2018
Idaho First District Representative Heather Scott

In today’s chaotic world it would be nice if the road of life was always smooth and obstacle free. It would also be nice if government voluntarily restrained its own growth. Our fantasy seems to be that if we just ignore and stay uninvolved in our government, it will just leave us alone.

On the contrary, if we don’t get involved in Idaho bureaucratic decision making, we will continue to lose more of our freedoms and pay more taxes.

When you hear bureaucracies and politicians say, “don’t worry, we have your best interest at heart; relax, this is for the good of everyone;" or "this is just a minor correction to the law,” consider this as fiction.

Reality: In the last 30 days alone, Idaho bureaucracies and lobbyists have drafted and proposed over 500 pages of new rules and regulations supposedly with “your best interest at heart.”

Idaho is one of only a few states that allows citizens to comment and negotiate with the administrative rule makers.

If you don’t get involved in your government by reviewing and commenting on these proposed rules, you can only blame yourself when your rights and freedoms disappear.

To understand this process better, you can read a short summary of the process at http://repheatherscott.com/rules-regulations.

Please get involved!

Here is the link to the entire bulletin. Don't be intimidated by the large volume. Start with the table of contents and it will guide you to the appropriate page to find out how to comment on each proposed rule. https://adminrules.idaho.gov/bulletin/2018/09.pdf

Below is a summary of September's administrative rules:
THE OFFICE OF THE GOVERNOR EXECUTIVE ORDERS
  • No. 2018-05 Continuing a System for Allocating Volume Cap in the State Consistent with Provisions of Title 50, Chapter 28, Idaho Code, and the U.S. Internal Revenue Code of 1986
  • No. 2018-06 Continuation of a State Housing Tax Credit Agency
  • No. 2018-07 Establishing a Policy for Nuclear Energy Production and Manufacturing in Idaho

IDAPA 01 – BOARD OF ACCOUNTANCY
  • Idaho Accountancy Rules to “help protect the public” who rely on reports issued by CPAs.
  • Rules to eliminate reference to the former paper-based exam
  • A rule to allow licensees with a status of CPA-Retired or CPA-Inactive to provide volunteer accounting services.

IDAPA 02 – DEPARTMENT OF AGRICULTURE
  • Rules for Weights and Measures
  • Rules Governing Grade A Milk and Milk Products
  • Rules Governing Milk and Cream Procurement and Testing – (a result of a joint petition received from the Milk Producers of Idaho, Idaho Dairymen’s Association and the Idaho Milk Processors Association to clarify language in the rule)
  • Proposed Rule Rules Governing Raw Milk
  • Rules Governing Trichomoniasis - more cost-effective ways to submit Trichomonas foetus samples to the lab for testing
  • Rules Governing Produce Safety - new FDA Food Safety Modernization Act, establishes science-based minimum standards for the safe growing, harvesting, packing, and holding of fruits and vegetables grown for human consumption
  • Rules Governing the Pure Seed Law
  • Rules Pertaining to the Idaho Commercial Feed Law
  • Rules Pertaining to the Idaho Fertilizer Law
  • Rules Pertaining to the Idaho Soil and Plant Amendment Act of 2001
  • Sheep and Goat Rules of the Idaho Sheep and Goat Health Board – using goat assessment rules instead of wool assessment rules on goats.
IDAPA 07 – DIVISION OF BUILDING SAFETY
  • Rules Governing Electrical Inspection Tags
  • Rules Governing Fees for Electrical Inspections
  • (Fee Rule) Notice of Rulemaking
  • Rules of Electrical Licensing and Registration
  • Proposed Rule to make contractors liable for fines if one (1) journeyman employed by the contractor supervises more than two (2) apprentices employed by the contractor.
  • Docket No. 07-0103-1802 Notice of Rulemaking – Proposed Rule pg. 75
  • Rules Governing Electrical Specialty Licensing
  • Docket No. 07-0104-1801 Notice of Rulemaking – Proposed Rule pg. 78
  • Rules Governing Examinations
  • Docket No. 07-0105-1801 Notice of Rulemaking – Proposed Rule pg. 84
  • Rules Governing the Use of National Electrical Code
  • Rules Governing Continuing Education Requirements - will allow licensees to obtain continuing education credit for attending meetings of the Board.
  • Proposed Rule Rules Governing Electrical Inspection Tag Appeals
  • Rules Governing Civil Penalties- THE DAMAGE PREVENTION BOARD DIVISION OF BUILDING SAFETY will require parties requesting appeals to pay an appeal bond of $200 to appeal.

IDAPA 12 – DEPARTMENT OF FINANCE
  • Rules Pursuant to the Idaho Credit Code
  • Docket No. 12-0109-1801 Notice of Rulemaking – Proposed Rule pg. 106
  • Rules Pursuant to the Idaho Residential Mortgage Practices Act
  • Docket No. 12-0110-1801 Notice of Rulemaking – Proposed Rule pg. 109
  • Rules Pursuant to the Idaho Collection Agency Act
  • Docket No. 12-0111-1801 (New Chapter) Notice of Rulemaking/proposed pg 111
 
IDAPA 13 – IDAHO FISH AND GAME COMMISSION
  • Rules Governing the Taking of Big Game Animals in the State of Idaho - extend hunting seasons for gray wolf
  • Rules Governing the Importation, Possession, Release, Sale, or Salvage of Wildlife - concerns about transmission of Chronic Wasting Disease.
Docket No. 13-0110-1801 pg 114
  • Rules Governing Fish - 2018 Chinook Salmon Fall Fishing Season
  • Rules Governing the Use of Bait and Trapping for Taking Big Game Animals - only allow synthetic liquid scent to attract deer and elk
  • Docket No. 13-0117-1802 pg. 118
  • Rules Governing Emergency Feeding of Antelope, Elk, and Deer of the Idaho Fish and Game Commission - prohibit private feeding of deer and elk within any CWD Management Zone – Docket No. 13-0118-1801 pg. 121

IDAPA 16 – DEPARTMENT OF HEALTH AND WELFARE
  • Vital Statistics Rules - Temporary Rule passed by the Board of Health and Welfare in response to the court order requires that a replacement certificate be established when an individual change the indicator of gender on their birth certificate to reflect their gender identity.
Docket No. 16-0208-1802 pg. 124
  • Immunization Requirements for Idaho School Children - recommended by the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices (ACIP) for children aged 16 years and older who received the 1st dose of vaccine as recommended at 11-12 years of age. Idaho does not currently require the booster dose for school entry. This rulemaking adds a new school entry immunization requirement to require a second dose of meningococcal (MenACWY) vaccination before a student enters the 12th grade in Idaho, starting with school year 2020-2021.
  • Docket No. 16-0215-1802 Notice of Rulemaking – Proposed Rule pg. 127
  • Docket No. 16-0310-1802 - Medicaid Enhanced Plan Benefits - To sustain the Medicaid grant benefits, modifications and waivers are necessary.
  • Docket No. 16-0310-1803 Notice of Rulemaking – Proposed Rule pg. 156
  • Docket No. 16-0310-1804 Notice of Rulemaking – Proposed Rule pg. 160
  • Rules and Minimum Standards for Hospitals in Idaho
  • Docket No. 16-0314-1801 - licensed medical professionals are permitted to order restraints or seclusion. The Department is also proposing changes in this docket that will strengthen patient rights.
  • Rules Governing the Idaho Child Care Program (ICCP)
  • Docket No. 16-0612-1801 Notice of Rulemaking – Temporary and Proposed Rule pg. 185
  • Docket No. 16-0737-1801 - Children's Mental Health Services The standard for referring parents to Child Support for children in Alternate Care is being removed as it is obsolete pg. 190
  • Docket No. 16-0750-1801 - Minimum Standards for Nonhospital, Medically Monitored Detoxification/Mental Health Diversion Units - feedback from providers approved under this rule, who indicate portions of the rules are over-prescriptive, use archaic terms and do not reflect current best practices pg. 193

IDAPA 18 – IDAHO DEPARTMENT OF INSURANCE
  • Rule to Implement Uniform Coverage for Newborn and Newly Adopted Children - rule applies to self-funded health plans subject to registration with the Department, as well as health insurers, and addresses coverage for congenital anomalies pg. 238
  • Rules Pertaining to Idaho Acquisitions of Control and Insurance Holding Company Systems
  • Advertisement of Disability (Accident and Sickness) Insurance
  • Docket No. 18-0124-1801 Notice of Rulemaking – Proposed Rule pg. 242
  • Fire Protection Sprinkler Contractors
  • Docket No. 18-0149-1801 Notice of Rulemaking – Proposed Rule pg. 244
  • Rule to Implement the NAIC Medicare Supplement Insurance Minimum Standards Model Act Annual Financial Reporting
  • A Rule to implement the NAIC Medicare Supplement Insurance minimum standard model act - rule seeks to add definitions for the 2020 Standardized Medicare Supplement Benefit Plans and add more detailed sections with respect to such plan.
  • Annual Financial Reporting - rulemaking will require a standard best corporate governance practice to assist company management and the board of large insurers by implementing sound business practices to maintain solvency and honor all policyholder obligations.

IDAPA 19 – IDAHO STATE BOARD OF DENTISTRY
  • Rules of the Idaho State Board of Dentistry-Docket No. 19-0101-1801– Adoption of Pending Rule
  • A rule to eliminate the option of supplemental dosing when providing minimal sedation for patients.
  • Docket No. 19-0101-1804 Notice of Rulemaking – Proposed Rule pg. 283

IDAPA 20 – IDAHO DEPARTMENT OF LANDS
  • Dredge and Placer Mining Operations for permittees and operators in Idaho rules to remove the requirement for paper submittals and allow electronic format.
  • Rules Governing Exploration, Surface Mining, and Closure of Cyanidation Facilities to remove the requirement for paper submittals, allowing electronic format.
  • Rules for the Regulation of Beds, Waters, and Airspace Over Navigable Lakes in the State of Idaho to allow paper copy or in electronic format.

IDAPA 22 – BOARD OF MEDICINE
  • Rules of the Board of Medicine for the Licensure to Practice Medicine and Surgery and Osteopathic Medicine and Surgery in Idaho
  • Physician Assistants -Rules Board’s rules regarding physician licensure and practice rules for the Licensure of.
  • General Provisions for the Board of Medicine IDAPA 23 - BOARD OF NURSING
  • Rules of the Idaho Board of Nursing to alleviate “employment” hardship by granting recent graduates a reasonable time-frame for receipt of the necessary paperwork before they are no longer eligible for nursing assistant status.

IDAPA 30 – IDAHO COMMISSION FOR LIBRARIES

Rules of the Idaho Commission for Libraries Governing the Use of Commission Services
IDAPA 35 – STATE TAX COMMISSION
  • Income Tax Administrative Rules - guidance to taxpayers who file annual reconciliation return.
  • Rule 312: when government-owned property transferred to a private owner becomes taxable...,
  • Rule 408, Subsection 408.02: requires final values of operating properties be sent to county assessors...,
  • Rule 610: determining partial ownership relative to the homeowner’s exemption program is the specific language found in the transfer deed…,
  • Rule 613: provides that rents and expenses from whole farms may be used and provides a definition for “Agricultural Area” from which rents and expenses are to be extracted…,
  • Rule 614: states and adds an example of computing the value by using a combination of both individual crop cash rent and crop share…,
  • Rule 630: eligibility for the New Capital Investment exemption…,
  • Rule 702: HB492 (2018) provides a benefit of property tax reduction for veterans with a 100% service connected disability. Benefit continues for a surviving spouse.
  • Rule 802: HB559 (2018) created a retroactive provisional exemption which may be granted to property that will be used for an exempt purpose…
  • Rule 803: HB559 (2018) created a provisional property tax exemption, HB392 (2018) clarified the dates when solar farm gross earnings receipts are to be reported and deducted from property tax revenue, and HB567(a) revised the levy process to follow when cemetery taxing districts consolidate…,
  • Rule 804: will clarify whether or not the “base assessment roll” includes the property that existed in the revenue allocation area (RAA) at the time of RAA formation and subsequently became taxable.
  • Rule 962: will adopt the process by which the county assessor may change a forest parcel’s productivity class.
  • Docket No. 35-0103-1803 Notice of Rulemaking – Proposed Rule pg. 387
  • Hotel/Motel Room and Campground Sales Tax Administrative Rules (Rule 003) – This rule provides guidance on where a taxpayer can find information about the administrative appeals process available to them.
  • Idaho Cigarette and Tobacco Products Tax Administrative Rules
  • Prepaid Wireless E911 Fee Administrative Rules
  • Docket No. 35-0114-1801 Notice of Rulemaking – Proposed Rule pg. 393

IDAPA 38 – DEPARTMENT OF ADMINISTRATION
  • Rules Governing Use of the Chinden Office Complex
  • Docket No. 38-0409-1801 (New Chapter) Notice of Rulemaking – Amendment to Temporary Rule.
  • Docket No. 38-0409-1802 (New Chapter) Notice of Rulemaking – Proposed Rule.

IDAPA 39 – IDAHO TRANSPORTATION DEPARTMENT
  • Rules Governing Temporary Motor Vehicle Registration Permit
  • Docket No. 39-0246-1801 Notice of Rulemaking – Temporary and Proposed Rule pg. 410
  • Rules Governing License Plates for Governmental Agencies and Taxing Districts
  • Docket No. 39-0261-1801 Notice of Rulemaking – Adoption of Pending Rule pg. 412
  • Rules Governing Traffic Control Devices
  • Docket No. 39-0341-1801 Notice of Rulemaking – Adoption of Pending Rule pg. 413
  • Rules Governing Routes Exempt from Local Plans and Ordinances
  • Docket No. 39-0348-1801 Notice of Rulemaking – Proposed Rule pg. 414

IDAPA 40 – COMMISSION ON THE ARTS
  • Rules of the Idaho Commission on the Arts-rule changes are necessary to add folk and traditional arts to the list of artistic disciplines for which Fellowships are awarded.

IDAPA 58 – DEPARTMENT OF ENVIRONMENTAL QUALITY
  • Water Quality Standards Docket Proposed Rule.
  • Notice of Meeting of the Idaho Board of Environmental Quality
  • Docket No. 58-0102-1803 Notice of Rulemaking – Proposed Rule pg. 453
  • Notice of Meeting of the Idaho Board of Environmental Quality
  • Standards and Procedures for Application of Risk Based Corrective Action at Petroleum Release Sites

IDAPA 59 – PUBLIC EMPLOYEES RETIREMENT SYSTEM OF IDAHO
  • PERSI Separation from Service Rules
  • PERSI Retirement Rules
  • Docket No. 59-0106-1801 Notice of Rulemaking – Adoption of Pending Rule pg.468

IDAPA 61 – STATE PUBLIC DEFENSE COMMISSION
  • Rules Governing Uniform Data Reporting Requirements and Forms for Defending Attorney Annual Reports
  • Docket No. 61-0102-1801 - (New Chapter) Notice of Rulemaking/Proposed Rule pg.469
  • Docket No. 61-0102-1801 - Rules Governing Contracts and Core Requirements for Contracts Between Counties and Private Attorneys for the Provision of Indigent Services - The purpose is to support the PDC's mission to improve indigent defense delivery services in Idaho to ensure constitutional representation of Idaho's indigent defendants.
  • Docket No. 61-0103-1801 - (New Chapter) Notice of Rulemaking – Proposed Rule.
  • Rules Governing the Administration of Idaho’s Indigent Defense Delivery Systems – Rule Definitions
  • A rule will to amend standards for defending attorneys and provide a workload standard to ensure that defending attorneys are handling an appropriate workload.

Thank you for getting involved and please share this update with others who may be impacted by these rules.

© Kootenai Valley Times
P.O. Box 1625
Bonners Ferry, ID 83806
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