Idaho administrative government growth for July

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Idaho State Legislture

JULY Administrative Rules and Regualtions 2018

Representative Heather Scott - District 1


"You can lead a horse to water but you can't

force it to drink." John Heywood

Below is a summary of the State of Idaho's proposed administrative rules, regulation, and fees for July 2018, and a link to the July bulletin if you would like to comment to the appropriate agency.  Remember that administrative rules are developed by bureaucrats and lobbyists on a monthly basis throughout the year and are required by law to take into consideration all public input and comments received. Citizens can even request public hearings in their communities to get additional information. 


For the last four year I have been in office, I have watched the Idaho Legislature approve VOLUMES of federal code (and even some international treaty language) inserted directly into these state rules.  This makes Idaho agencies nothing more than an enforcement arm of the federal government or international agendas.  I fear if citizens do not become more active in this process we will end up like the overregulated oppressive state of California very soon.   Please take the time to review these every month.  Your input will make a difference.  If you know someone who has knowledge in any of these categories, please ask them to take a quick look and provide comments. 


Here is a link to the entire July 2018 bulletin.  Don't be intimidated by the 234 pages.  The table of contents starts on page 2.  Remember, once rules are approved in January they will have the full force of law.


Below is only a summary:

BOARD OF ACCOUNTANCY: Accountancy rules


DEPARTMENT OF AGRICULTURE: Rules governing grade a milk, milk products, raw milk, trichomoniasis, produce safety (part of the new FDA food safety modernization act), produce standards for the growing, harvesting, packing, and holding for human consumption, rules governing the pure seed law (adding and deleting certain tests).


DIVISION OF BUILDING SAFETY: Rules governing electrical inspection tags, fees for electrical inspections, electrical licensing and registration, electrical specialty licensing, examinations, the use of national electrical code, continuing education requirement, electrical inspection tag appeals, and civil penalties.


STATE BOARD OF EDUCATION: Rules on residency and opportunity scholarship program.  Rules on uniformity in administrator evaluation training requirements, definitions of "exceptional cases, consideration of evidence, and in career technical educators credentials.  Thoroughness in math test requirements for seniors and the Division of career technical education (DCTE) incorporate subsections with broader established categories. 

Rules governing seed and plant certification- standardize the terminology, potato seed standard.


IDAHO BOARD OF LICENSURE OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS: Rules of procedure- repealing examination failure requirements.





IDAHO DEPARTMENT OF FISH AND GAME: Rules governing mandatory education and mentored hunting, rules governing the taking of game birds in the state of Idaho. The trapping of predatory and unprotected wildlife and the taking of furbearing animals (red fox)


IDAHO FISH AND GAME COMMISSION: RULES GOVERNING FISH- 2018 Chinook Salmon Spring & Summer Fishing Season and limits. 


DEPARTMENT OF HEALTH AND WELFARE: Emergency medical services (ems)– rule definitions of “ambulance certification, agency licensing requirements, personnel licensing requirements, immunization requirements for children attending licensed daycare facilities in Idaho, immunization requirements for Idaho school children, immunization requirements for Idaho school children- add a new school entry immunization requirement to require a second dose of meningococcal (menacwy) vaccination before a student enters the 12th grade in Idaho. 

CRIMINAL HISTORY AND BACKGROUND CHECKS-DHW-new class of individuals that must complete a DHW criminal history and background check.


CHILDREN'S MENTAL HEALTH SERVICES- remove the rule for referring parents to Child Support for payment calculation and payment arrangement when placing a child in alternate care.


MINIMUM STANDARDS FOR NONHOSPITAL, MEDICALLY MONITORED DETOXIFICATION/MENTAL HEALTH DIVERSION UNITS- update limited sections of the rule that are outdated and no longer reflect best practices, update staffing requirements, and align the program approval process and fees with other DBH rules.


RULE TO IMPLEMENT UNIFORM COVERAGE FOR NEWBORN AND NEWLY ADOPTED CHILDREN-Upon conclusion of the negotiated rulemaking, any unresolved issues, all key issues considered, and conclusion reached during the negotiated rulemaking will be addressed in a written summary.


MEDICAID BASIC PLAN BENEFITS:  Expand dental benefits, revise rules regarding intervention services for children with developmental disabilities or a demonstrated need, update and revise rules for laboratory and radiology services, implement a fixed enrollment process for shared savings reimbursement for Healthy Connections and Regional Care Organizations (RCOs), update coverage detail regarding reimbursable and excluded drugs, clarify the preferred drug list and prior authorization process, as well as update maintenance drugs that can be dispensed in a three-month supply, developing and implementing a provider training program and conducting a rate review process to set reimbursement rates at a level that will enhance service quality and participant access,  revise the rules for School-Based Services to align the Community Based Rehabilitation Services (CBRS) definition with the Youth Empowerment Services (YES) Project and allow school personnel to participate in the Child and Family Team (CFT) meetings, implement comprehensive

dental benefits to all Idaho Medicaid participants, revise these rules regarding intervention services for children with developmental disabilities or a demonstrated need for these services, adding to the allowed provider qualifications for intervention services, and describing revisions related to the transition. 



RULES PERTAINING TO IDAHO ACQUISITIONS OF CONTROL AND INSURANCE HOLDING COMPANY- revise language regarding extraordinary dividends to be consistent with changes made to Idaho Code § 41-3812, following enactment of House Bill 454 in 2018.


ADVERTISEMENT OF DISABILITY (ACCIDENT AND SICKNESS) INSURANCE- Upon conclusion of the negotiated rulemaking, any unresolved issues, all key issues considered, and conclusion reached during the negotiated rulemaking will be addressed in a written summary.


 SCHEDULE OF FEES, LICENSES, AND MISCELLANEOUS CHARGES Small Employer Health Reinsurance Program fees-repeal language at IDAPA providing for the imposition of a $300 annual filing fee.


FIRE PROTECTION SPRINKLER CONTRACTORS- eliminate subsection 011.07 providing for an advisory board, Language imposing fees in the amount of $2.00 per sprinkler head payable to the local department or the State Fire Marshal will be retained including the retention of the maximum and minimum fees.


RULE TO IMPLEMENT THE NAIC MEDICARE SUPPLEMENT INSURANCE MINIMUM STANDARDS MODEL ACT-updates following the NAIC model rule to add definitions for the 2020 Standardized Medicare Supplement Benefit Plans and add more detailed sections with respect to such plan and ANNUAL FINANCIAL REPORTING –revise and update to include NAIC Annual Financial Reporting Model Regulation #205 provisions supporting the requirement of an independent internal audit function for large insurance companies or insurance holding company groups. RULES GOVERNING SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT PLAN DESIGN revise language related to exclusions for hearing aids.



RULES OF THE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS- reduces the Nursing Home Administrators-in-Training (AIT) program from twelve (12) months to one-thousand (1,000 hours).

RULES OF THE SPEECH, HEARING AND COMMUNICATION SERVICES LICENSURE BOARD- lowers the age for licensure as sign language interpreter from twenty-one (21) to eighteen (18).



 RULES GOVERNING THE ADMINISTRATION OF TEMPORARY PERMITS ON LANDS OWNED BY THE IDAHO DEPARTMENT OF PARKS AND RECREATION (FEE RULE) modifies the current rule to allow the department to charge processing fees comparable to associated costs and to be compensated at a reasonable rate based upon Fair Market Value of the site as if it were held in a fee simple state. 

RULES GOVERNING THE ADMINISTRATION OF PARK AND RECREATION AREAS AND FACILITIES clarifying that failure to properly display proof of payment of motor vehicle entrance and camping fees may result in a surcharge assessment,



RULES GOVERNING FILMING WITHIN IDAHO STATE PARKS -This rule change amends rules governing commercial film production in Idaho State Parks to better define the permitting requirements of commercial photographers and to limit existing permitting requirements on casual photographers.




GENERAL PROVISIONS-the Board intends to eliminate IDAPA 27.01.06, Rules Governing DME, Manufacturing, and Distribution, as much of the chapter needlessly duplicates other state laws. To IDAPA 27.01.01, the Board intends to add a definition for “DME Outlet,” remove the definition for “MPJE,” add distributing to the section of unprofessional conduct regarding misbranded or adulterated products and make some minor corrections.


RULES GOVERNING LICENSURE AND REGISTRATION -The Board of Pharmacy intends to continue its efforts on occupational licensure reform with a goal of increasing the portability and mobility of licensure. The Board intends to 1) remove the MPJE as a precondition to pharmacist licensure, 2)change the nomenclature of the “nonresident pharmacist” registration category to “nonresident PICs” to further clarify that most nonresident pharmacists do not need to hold a Board of Pharmacy registration if they are working for a nonresident Idaho-licensed facility, 3) move language from IDAPA 27.01.06 regarding pharmaceutical manufacturers to this chapter


RULES GOVERNING PHARMACY PRACTICE-The Board intends to move current requirements from IDAPA 27.01.06 into this chapter regarding distributor recordkeeping and reporting requirements and to remove the requirement for PICs; removing this will reduce paperwork burdens and hassles on Idaho facilities.


RULES GOVERNING PHARMACIST PRESCRIPTIVE AUTHORITY-The Board of Pharmacy intends to make some updates based on discussions that occurred as part of the 2018 legislative rules review. Further the Board intends to add the statutorily authorized drugs that pharmacists can already prescribe to the rules to reduce confusion among licensees.


RULES GOVERNING DRUG COMPOUNDING-The Board of Pharmacy convened a compounding committee to provide suggestions to update the state compounding laws. Modest changes are envisioned for required fixtures, policies and procedures, and dosage forms requiring sterility


RULES GOVERNING DME, MANUFACTURING, AND DISTRIBUTION-In continuing efforts to promote regulatory reform and reduce obstacles to licensure and practice, the Board of Pharmacy intends to eliminate this chapter as much of it needlessly duplicates other state laws.

IDAHO POTATO COMMISSION: Rules governing nominations and elections for candidates to be selected for commissioner.



RULES GOVERNING THE USE OF COMMISSION SERVICES -address the agency’s state-funded grant programs and make eligibility requirements the same for agency state- and federally-funded grant programs.   Rule changes define eligibility to apply for agency grant programs, broaden the range of eligible libraries, and make eligibility requirements the same for agency state- and federally-funded grant programs. Rule changes are also needed to reflect the Talking Book Service’s move to digital and downloadable content and alignment with current National Library Services (the content and device provider) guidelines.





Rule 018 – The legislature amended the Idaho Sales Tax Act to provide a presumption that under certain conditions out-of-state retailers making sales to customers located in this state are retailers engaged in business in this state. These rules must be updated to reflect these changes. We are adding to the list of entities that are retailers, “outof-state sellers that must overcome the presumption defined by Section 63-3611, Idaho code. We are also adding the statutory reference to the beginning of the rule


Rule 029 – Idaho law provides that the fee a retailer charges for assembling, producing, or fabricating their products to the special order of a customer is part of the sales price subject to sales tax. Assembly is not referenced in Subsection 029.01, of these rules, and adding this will provide clarity for retailers. We will add assembly in Subsection 029.01, of these rules, and an example of assembly that would be subject to sales tax. We will add statutory references at the beginning of the section.


Rule 041 – In 2014, the legislature added Subsection 63-3621(o), extending exemption to the use of food or beverages donated to individuals or nonprofit organizations. The Tax Commission missed removing Subsection 041.12.c. of this rule when that change was made. The change removes Subsection 041.12.c as an example that is subject to tax.


Rule 077 – The legislature amended the exemption for Research and Development at the INL by adding a new section. Section 070 must be revised to include the new language. We will add the new language to the rule and provide the statutory reference at the top.


Rule 106 – The Commission would like to look at making a change to the current NADA standard, “Clean Retail Value.” We would like to propose that an alternate NADA value be used. The value assessed should not be a penalty to an individual in the absence of a bill of sale, rather we want to collect the correct amount for the vehicle based upon its make, model, year, options, mileage, and condition. The proposed changes will also separate private party vehicles sales from retailers who are not dealers making vehicle sales.


Rule 117 - A taxpayer has three years to request a refund of sales tax related to bad debt or that it has paid in error. A refund request submitted with the appropriate documentation stops the statute of limitations for the requester. The Tax Commission would like to clarify the language in the list of items that need to be provided with a refund request to ensure it is crystal clear exactly what should be submitted with a refund request at the time it is made. We will also add language that clarifies that the taxpayer must first “satisfy” any outstanding liability to request a refund.


 Rule 128 – This rule provides description and guidance on the proper execution of approved exemption claim forms. This rule is being updated to reflect changes that have been made to exemption claim forms during 2018.



Property Tax Rule 600 – Recently enacted HB 559 provides a property tax exemption to property during construction provided the property will fulfill a purpose that is exempt. Clarification is provided to explain that the exemption is applicable based on planned use and eventual ownership, and not on current ownership of the property.


Property Tax Rule 616 - Currently agricultural equipment that is personal property and used exclusively for the production of field crops is exempt from property tax under Section 63-602EE, Idaho Code. This rule describes the difference between the production of field crops and the processing of field crops.


Temporary Rule 802 - Newly enacted HB559 has retro-active provisions that need to be implemented in order to determine the next new construction roll prepared following the granting of the provisional exemption

Temporary Rule 803 - This rule clarifies taxing district budget provisions of HB559 creating a provisional property tax exemption and HB392 which changed the date when solar farm gross earnings receipts are deducted from budgets. These provisions need to be applied to the current property tax (levy) year, beginning with levies certified in September 2018.


Temporary Rule 600 - Recently enacted HB559 provides an exemption to property, during construction, that is being constructed to fulfill a purpose that is exempt. Clarification is needed to explain that the exemption is applicable to the property and is not based on the ownership of the property. TEMPORARY RULE JUSTIFICATION: Pursuant to Section 67-5226(1)(b), Idaho Code, the Governor has found that temporary adoption of the rule is appropriate for the following reasons:

Temporary Rule 600 - A major section or a new subsection will be added to Section 600, of this chapter, stating that the provisional exemption offered by HB 559 will be determined based on the purpose of the property and not based on the ownership of the property. For example, land and a building to be used as a church and is under construction and owned by a contractor may be eligible for the exemption offered by 63-1305C, Idaho Code. FEE SUMMARY: Pursuant to Section 67-5226(2), the Governor has found that the fee or charge being imposed or increased is justified and necessary to avoid immediate danger and the fee is described herein: N/A


PREPAID WIRELESS E911 FEE– Currently the Prepaid Wireless E911 Fee Administrative Rules only reference statutes related to administrative appeals and lack a reference to IDAPA 35.02.01.and IDAPA We will add reference to IDAPA 35.02.01 and (Rules relating to appeals in the Tax Commission Administration and Enforcement Rules and Sales Tax Rules).



RULES GOVERNING TEMPORARY MOTOR VEHICLE REGISTRATION PERMIT-IDAPA 39.02.46 conflicts with current business needs and practices of allowing the issuance of 30-day temporary registration permits by dealers for sales of commercial, farm and non-commercial vehicles over 8,000 lbs. This change clarifies current practice and removes outdated business rules. It also aligns the rule with the needs of dealers and retail purchasers needing to move vehicles back to their home states for titling and registration. This rule change supports the current needs of retail sales of motor vehicles over 8,000 lbs and provides dealers and their outof-state customers the ability to return to their home state for titling and registration.

RULES GOVERNING LICENSE PLATES FOR GOVERNMENTAL AGENCIES AND TAXING DISTRICTS,  change the exempt license plate designator for Sheriff’s Office license plate numbers from “SD” to “SO”.

RULES GOVERNING TRAFFIC CONTROL DEVICES-The Idaho Transportation Department (ITD), on behalf of the State of Idaho, had received permission from the Federal Highway Administration (FHWA) to experiment with a traffic control device, called IdaShield, at passive highway-railroad grade crossings. The experiment has ended and in accordance with the conditions of the permission to experiment, no new or replacement IdaShields are permitted to be installed after December 31, 2017. When Idaho received permission to experiment with the IdaShield, the device was included in IDAPA 39.03.41, “Rules Governing Traffic Control Devices.” The rule now needs to be revised to remove references to the IdaShield.



RULES OF CAREER TECHNICAL SCHOOLS- eliminate the career technical school funding formula based on average daily attendance and support units and replace the funding formula with an enrollment based model.


Upper North Fork Clearwater River Subbasin assessment and total maximum daily load.  Final decision may be appealed to the Board of Environmental Quality by initiating a contested case.

 WATER QUALITY STANDARDS-This rulemaking proposes allowing NPDES/IPDES regulated human sources of heat loading to cause no more than a de minimus 0.3°C increase in receiving water temperatures.



RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT PROGRAM - resolve inconsistencies between Title 22, Chapter 27, Idaho Code and the Resource Conservation and Rangeland Development Program (RCRDP) Rules, remove outdated references, resolve internal inconsistencies, and correct typographical errors. The revisions also include adding or changing provisions to streamline the loan application process, update credit guidelines, and give more flexibility to set maximum loan amounts. The proposed changes include: Adding sections to the rules as required by the Office of Administrative Rules Coordinator.