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Every month throughout
the summer, hundreds of pages of rules and regulations are being written by
bureaucrats within our state agencies. Once approved by the legislature
in early January, the proposed administrative rules will become Idaho legal
code and have the full force of law. Idaho requires that new rules and
changes are negotiated with citizens and allows for public comment. When average citizens do not comment and get
involved, out legal code can be heavily influenced by special interests and
lobbyists. As a Representative of the
people, I have made it one of my missions to change that, by educating regular citizens
so they can control their government and have influence in this critical
process.
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Below
is a simple summary of what is being proposed for negotiation this month.
If you or someone you know has knowledge on any of these topics or has concerns
with any of the following proposed rules, please continue reading below to get
involved. Please don't delay as there are deadlines to call hearings or comment.
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Short Summary of this month’s rules:
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DIVISION OF BUILDING SAFETY: Rules on Plumbing,
Public Works Contractors License Board, Installation of Heating, Ventilation,
and Air Conditioning Systems.
STATE BOARD OF AND STATE DEPARTMENT OF EDUCATION: Rules
Governing Uniformity & Rules
Governing Thoroughness.
Rules Governing Uniformity: School Personnel, certification
and endorsement revisions and new definitions.
Rules Governing
Thoroughness: Including but not limited to the topics of Special Education Manual,
Individuals with Disabilities Education Act (IDEA), Every Student
Succeeds Act (ESSA), definition of a Free
and Appropriate Public Education, “Visual Impairment Including Blindness”, “Emotional
Disturbance” to “Emotional Behavioral Disorder”, cognitive impairments, and
revising alternate assessment participation criteria. clarifying that
“objectives and benchmarks” are required for students taking alternative
assessments; clarifying provisions for transition planning, postsecondary goal
setting, and discontinuation of services; revising private school consultations
and processes for resolving disputes; making minor language changes in Chapter
4 for “Developmental Delay”; clarifying the Idaho Special Education Results
Driven Accountability Monitoring System; revising disciplinary procedures to
comply with IDEA; and updating dispute resolution procedures and processes with
present standards of practice.
BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND
SURVEYORS: Rules of Procedure (repealing examination failure requirements,
allowing for early testing for professional examinations, and adding a new
category for discontinued certificates of authorization), Rules of Professional
Responsibility (to notify affected adjacent landowners and the Board prior to
setting a monument that represents a material discrepancy with another monument
for the same property corner)
DEPARTMENT OF FINANCE-Rules Pursuant to the Uniform
Securities Act (federal securities issuer exemption, and uniform securities
examinations as adopted by both federal and state securities regulators.)
IDAHO FISH AND GAME COMMISSION: Rules Governing Fish-the
2018 Chinook Salmon Spring & Summer Fishing
Season, establishing seasons and limits for fishing in Idaho and for the Boise River.
DEPARTMENT OF HEALTH AND WELFARE: Changes in Medicaid
Basic Plan Benefits and Medicaid Enhanced Plan Benefits.
IDAHO DEPARTMENT OF LANDS: Rules Pertaining to Forest
Fire Protection (negotiations to amend the fire protection requirements for
following sections: Spark Arresters; Fire Tools and Fire Extinguishers; and
Fire Crews new fire protection requirements for forest operation activities
involving cable logging operations and the use of metal tracked harvesters to
include on-site water supply, fire watch service and operation area fire
prevention practices. Forest Lands, and
Forest Operation.
BUREAU OF OCCUPATIONAL LICENSES- Board of Barber
Examiners and the Board of Cosmetology (hours of instruction, outside services,
demonstrations, safety and disinfection requirements, electrology license,
make-up artistry) Rules of the Board of Architectural Examiners, Rules of the
Idaho Licensing Board of Professional Counselors and Marriage and Family
Therapists (Associate Marriage and Family Therapist license),
OFFICE OF THE SECRETARY OF STATE- Rules Governing the
Electronic Recording of Plats, Records of Survey, and Corner Records (electronically
filing and recording plats, records of survey and corner records in county
courthouses).
STATE TAX COMMISSION: Income Tax, Sales and Use Tax.
Income Tax Administrative Rules include rules on Federal
retroactive provisions, uncodified provisions, repatriation income, 2018 tax
brackets, historical data, taxable
income for a nonqualified withdrawal from a college savings plan, income tax deduction for adoption expenses, nonqualified
withdrawal from a college savings plan, guaranteed payments that are sourced as
compensation for services, list the corporate tax rates for 2001 through 2018,
outdated statutes deleted (Credit for Qualifying New Employees, Hire One Act, Incentive
Investment Tax Credit, Biofuel Infrastructure Investment Tax Credit, incentive
investment tax credit,) add the new Idaho child tax credit, changes the date
the withholding reconciliation return must be filed, time period that a
taxpayer has to notify the Tax Commission of a change in federal taxable income
or in tax paid to another state, guidance to deemed repatriation income reporting.
Idaho Sales and Use Tax Administrative Rules include rules
on aircraft and flying services (third-party dealer or repair), Warranties and Service Agreements, exemption
for parts installed in non-resident aircraft, Collection of Tax, Idaho Motor Fuels Tax rules and dyed diesel.
IDAHO STATE LOTTERY COMMISSION: Rules Governing
Operations of the Idaho State Lottery.
DEPARTMENT OF ENVIRONMENTAL QUALITY: Rules for the
Control of Air Pollution, Water Quality Standards and Standards for Hazardous
Waste.
Below is a more detailed look at this month’s rules. If you have concerns and want to comment,
please click on the August Administrative Bulletin link and go to the appropriate
page. Remember, it is the responsibility
of the agency to negotiate these rules with the citizen. If you as a citizen choose to not exercise
your power, there is a good chance someday, you will lose that ability.
Long summary of this month’s rules:
IDAPA 07 – DIVISION OF BUILDING SAFETY
07.02.06 – Rules Concerning Idaho State Plumbing Code-to require potable water supply to
beverage dispensers or coffee machines to be protected by an air gap or vented
backflow preventer. Allow water closets to act as cleanouts and require
installation of exterior, two-way cleanouts. Pg. 13
07.05.01 – Rules of the Public Works Contractors License
Board- define a QI, determine
the “reasonable length of time” a contractor’s license will remain in force
(administrative discretion of duration), and clarify that notice that a
contractor’s QI has ceased to be connected with the contractor must be provided
on forms prescribed by the administrator. Pg. 20
07.07.01 – Rules Governing Installation of Heating,
Ventilation, and Air Conditioning Systems, Division of Building Safety- allow apprentices to take the
journeyman examination before completing four (4) years of work experience,
also allow apprentices who successfully complete a Board approved, full-time,
one-year training course to receive credit for up to one (1) year of work
experience. pg. 23
IDAPA 08 – STATE BOARD OF AND STATE DEPARTMENT OF EDUCATION
08.02.02 – Rules Governing Uniformity-The proposed rule reflects a revised
State Board of Education adoption date of the Idaho Standards for Initial
Certification of Professional School Personnel and certification and
endorsement revisions for school nurse, teacher librarian, teacher leader, gifted
and talented, English, online teacher, and literacy. New definition of clinical experience and
supporting definitions, new endorsements for Middle School Social Studies and
Middle School Science, and language regarding the use of continuing education
units toward certificate renewal by pupil service staff certificate holders who
also hold a professional license through the Bureau of Occupational Licenses.
Technical corrections include corrections to numeric order, alphabetical order,
spelling, punctuation, and/or grammar. Pg. 25
08.02.03 – Rules Governing Thoroughness- amends the adoption date of the Idaho
Special Education Manual (Manual), an incorporated document. Modifications to
the Manual are necessary to ensure compliance with IDAPA, Idaho Code, the
Individuals with Disabilities Education Act (IDEA), the Every Student Succeeds
Act (ESSA), and recent court decisions. Substantive amendments to Manual,
approved by the Idaho State Board of Education on June 20, 2018, include:
aligning the definition of a Free and
Appropriate Public Education to recent United States Supreme Court
decisions and language describing the development of a student’s individualized
education program (IEP); amending the “Visual Impairment Including Blindness”
eligibility criteria based on non-exclusionary guidance from the Office of
Special Education; updating the eligibility category of “Emotional Disturbance”
to “Emotional Behavioral Disorder”; defining significant cognitive impairments
and revising alternate assessment participation criteria for clarity as
required by ESSA; clarifying that “objectives and benchmarks” are required for
students taking alternative assessments; clarifying provisions for transition
planning, postsecondary goal setting, and discontinuation of services; revising
private school consultations and processes for resolving disputes; making minor
language changes in Chapter 4 for “Developmental Delay”; clarifying the Idaho
Special Education Results Driven Accountability Monitoring System; revising
disciplinary procedures to comply with IDEA; and updating dispute resolution
procedures and processes with present standards of practice and IDEA.pg. 55
When the No
Child Left Behind Act (NCLB) was reauthorized to the Every Student Succeeds Act
(ESSA) in December 2015, Annual Measureable Achievement Objectives (AMAOs) were
made obsolete by a new accountability structure. This rulemaking action removes
references to AMAOs. Pg. 59
IDAPA 10 – BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL
LAND SURVEYORS
10.01.01 – Rules of Procedure-The amendments will implement the provisions of Senate Bill
1252 that relate to repealing examination failure requirements, allowing for
early testing for professional examinations, and adding a new category for
discontinued certificates of authorization. Pg 67
10.01.02 – Rules of Professional Responsibility-The amendments will implement a requirement for professional land
surveyors to notify affected adjacent landowners and the Board prior to setting
a monument that represents a material discrepancy with another monument for the
same property corner and potentially clouding the title of private land. Pg. 74
IDAPA 12 – DEPARTMENT OF FINANCE
12.01.08 – Rules Pursuant to the Uniform Securities Act
(2004)
Rule 59
(12.01.08.059) is being eliminated as it provided for the implementation of a
federal securities issuer exemption that no longer exists.
Rule 103
(12.01.08.103) is being amended to address recent changes in uniform securities
examinations as adopted by both federal and state securities regulators. Pg 76
IDAPA 13 – IDAHO FISH AND GAME COMMISSION
13.01.11 – Rules Governing Fish-the 2018 Chinook Salmon Spring & Summer Fishing Season, establishing seasons and limits
for fishing in Idaho and for the Boise
River. Pg. 80 - 82
IDAPA 16 – DEPARTMENT OF HEALTH AND WELFARE
16.03.09 – Medicaid Basic Plan Benefits
Rules
Governing Uniformity, IDAPA 08.02.02, updated the paraprofessional definition,
and included language that stated that individuals not meeting the outlined
requirements, would be considered a school or classroom aide. This change
impacted school professionals by requiring a higher credential to provide
services in school settings than is required for providers of the same service
outside of the school setting (in the community). PCS paraprofessional provider
qualifications are being updated for school-based services to align with
community paraprofessional PCS provider qualifications. Pg. 83
16.03.10 – Medicaid Enhanced Plan Benefits-This rule change is needed to allow
Medicaid to enroll those dual eligibles who have not elected to enroll in the
coordinated MMCP into a Medicaid Managed Long-Term Services and Supports
program, which will administer and coordinate Medicaid benefits. (NOTE:
Medicaid will concurrently seek 1915(b) Waiver authority from the Centers for
Medicare and Medicaid Services (CMS) to develop a mandatory enrollment
structure.) This rule change adds a new section of rules to this chapter that
includes language pertaining to Idaho’s existing managed care structures (behavioral
health benefits and dental benefits, respectively).
The new
section will also indicate that dual eligibles (except for Tribal members and
other populations exempt under federal requirements) will be mandatorily
enrolled into a Medicaid Managed Long-Term Services and Supports plan that will
administer and coordinate their Medicaid benefits in counties where there are
two or more participating health plans. Participants will have an election
period during which they can select the plan of their choice. Individuals that
have not selected a plan by a specified deadline will be randomly assigned to
one plan or the other by the Division of Medicaid. Pg. 89
IDAPA 20 – IDAHO DEPARTMENT OF LANDS
20.04.01 – Rules Pertaining to Forest Fire Protection
At the conclusion
of negotiated rulemaking, the Department determined a need to enter into
proposed rulemaking to amend the fire protection requirements for following
sections: Spark Arresters; Fire Tools and Fire Extinguishers; and Fire Crews.
In addition, the Department will introduce new fire protection requirements for
forest operation activities involving cable logging operations and the use of
metal tracked harvesters to include on-site water supply, fire watch service
and operation area fire prevention practices.
058. Forest Land. Any land which has upon it
sufficient brush or flammable forest growth of any kind or size, living or
dead, standing or down, including debris or growth following a fire or removal
of forest products, to constitute a fire menace to life (including animal) or
property. (10-28-91)
09. Forest Operation. An activity or service conducted
on forest lands involving any of the operations as described below where a
Certificate of Compliance is required pursuant to Section 38-122, Idaho Code. Pg.
91
OFFICE OF THE ADMINISTRATIVE RULES COORDINATOR IDAHO
DEPARTMENT OF ADMINISTRATION
IDAPA 24 – BUREAU OF OCCUPATIONAL LICENSES
The repeal
of the laws establishing the Board of Barber Examiners and the Board of
Cosmetology and authorizing the adoption of rules by these Boards renders the
rules to be of no force and effect. The enactment of SB 1324 effectively
repeals IDAPA 24.02.01 and 24.04.01 and these rules are hereby declared null
and void and of no force and effect and have been removed from the Administrative
Code.
Notice of Legislative Action Abolishing the Board of Barber
Examiners and the Board of Cosmetology and Establishing the Barber and
Cosmetology Services Licensing Board – Senate Bill No. 1324 pg. 101
IDAPA 24 – BUREAU OF OCCUPATIONAL LICENSES
24.01.01 – Rules of the Board of Architectural Examiners
Amendments
to rule will facilitate the implementation of House Bill 458, eliminate
unnecessary language and sections, and remove a 30-day application deadline.
These changes will make it easier for licensees and those seeking licensure to
review rules. Pg 102
24.15.01 – Rules of the Idaho Licensing Board of
Professional Counselors and Marriage and Family Therapists-These rules reduce the costs and
barriers to licensure by creating additional pathways to obtain an Associate
Marriage and Family Therapist license. It also allows an individual to work
under supervision while completing requirements for a Marriage and Family
Therapist license. These rules accept the Commission on Accreditation for
Marriage and Family Therapy Education (COAMFTE) graduate programs as meeting
all education requirements, which eliminates the need for many current
applicants to take additional coursework and improves portability from other
states. Finally, these rules increase flexibility to complete both practicum
and supervised experience hours, which reduces tuition and supervision costs
for applicants. Pg 110
24.28.01 – Rules of the Barber and Cosmetology Services
Licensing Board-The temporary
rule reduces the minimum hours of instruction required for a cosmetology,
barber-stylist, and electrology license; creates a new certificate for
individuals who only want to practice make-up artistry; specifies what services
a licensee may perform outside a licensed establishment; allows transfer of
instructional hours between professions; allows employees of retail styling
equipment dealers to do limited demonstration on potential customers; and
modernizes safety and disinfection requirements. Pg 117.
IDAPA 34 – OFFICE OF THE SECRETARY OF STATE
34.06.02 – Rules Governing the Electronic Recording of
Plats, Records of Survey, and Corner Records
(New Chapter) > The amendments will implement consistent standards for electronically
filing and recording plats, records of survey and corner records in county
courthouses. Pg 144
IDAPA 35 – STATE TAX COMMISSION
35.01.01 – Income Tax Administrative Rules
RULE 015 – The
changes to this rule clarify how the Tax Commission applies Federal retroactive
provisions and clarify that uncodified provisions of federal law are included
when calculating Idaho taxable income.
RULE 017 – This
new rule tells taxpayers how to report federal section 965 deemed repatriation
income on the Idaho return.
RULE 075 – Rule
075 is being amended to add the tax brackets for calendar year 2018 and remove
the information for calendar year 2013 so only five years of historical data is
retained in the rule.
RULE 108 – Rule
108 is being amended consistent with 2018 HB515. This change adds the statement
that the addition to taxable income for a nonqualified withdrawal from a
college savings plan is limited to contributions previously exempt from Idaho
income tax and earnings generated from the program as long as the earnings
aren’t already included in federal adjusted gross income.
RULE
185 – Rule 185 is being amended consistent with 2018 HB453. This change increases
the amount of the income tax deduction for adoption expenses from $3,000 to
$10,000.
RULE 253 – Rule
253 is being amended consistent with 2018 HB515. This change adds the statement
that the addition to taxable income for a nonqualified withdrawal from a
college savings plan is limited to contributions previously exempt from Idaho
income tax and earnings generated from the program as long as the earnings
aren’t already included in federal adjusted gross income.
RULE
263 – Rule 263 is being amended to add the amount of guaranteed payments
that are sourced as compensation for services for calendar year 2018.
RULE 300 – We’ve
added a section to this rule to list the corporate tax rates for 2001 through
2018.
RULES 745-748 – Rules
745-748 are being deleted since the statute is expired (Credit for Qualifying
New Employees).
RULES 755-759 – Rules
755-759 are being deleted since the statute is expired (Hire One Act).
RULES 760 & 763 – Rules 760 & 763 are being deleted since the statute is expired
(Incentive Investment Tax Credit).
RULES 765-767 – Rules
765-767 are being deleted since the statute is expired (Biofuel Infrastructure
Investment Tax Credit).\
RULES 790, 791 & 793 – Rules 790, 791 & 793 are being amended to delete the references
to the incentive investment tax credit since the statute is expired.
RULE 799 – Rule
799 is being amended to delete sections for statutes that no longer exist and
add the new Idaho child tax credit.
RULE 830 – Changes
the date the withholding reconciliation return must be filed from the last day
of February to the last day of January.
RULES 890 and 891 – Rules 890 and 891 are being amended consistent with 2018 HB382. This
change modifies the time period that a taxpayer has to notify the Tax Commission
of a change in federal taxable income or in tax paid to another state. Pg. 148
RULE 017T - “Treatment
of the Section 965 of the Internal Revenue Code Increase in Subpart F Income
and Related Exclusions.”: This rule is
to give guidance on how to report the deemed repatriation income on the Idaho
tax return. Pg 175
35.01.02 – Idaho Sales and Use Tax Administrative Rules
Rule 037 – Aircraft and Flying Services In general, when a third-party dealer or repair
facility performs a repair and bills the seller of a warranty or service
agreement, the third-party dealer or repair facility will separately state and
charge sales tax on the parts to the seller of the warranty or service
agreement. Section 63-3622GG, Idaho code exempts parts installed in
non-resident aircraft if those parts are installed by a FAA approved repair
station. This includes parts that are being installed as a result of a warranty
or a service agreement. Currently this scenario has not been addressed in rule.
The proposed rulemaking would add language that clarifies that these parts are
exempt, even if the repair is paid for under a warranty agreement. Addressing
this issue provides clarity that the exemption for parts installed on
non-resident aircraft applies, even if the parts were paid for under a warranty
agreement.
Rule 049 – Warranties and Service Agreements The proposed rulemaking adds a cross
reference to Rule 037 regarding the exemption for parts installed in
non-resident aircraft if those parts are installed by a FAA approved repair
station and a statutory reference to 63-3613.
Rule 068 – Collection of Tax Section 63-3619, Idaho law requires the Tax Commission to
provide retailers with schedules for collection of the tax on sales which
involve a fraction of a dollar. Currently, rule 068 has two of these schedules,
one for 5% sales tax and another for 6%. The 5% schedule is no longer necessary
because the rate has been stable at 6% since 2006. The proposed rulemaking
would removes subsection 04 & then renumbers the subsequent sections. A
statutory reference to 63-3619 is added as well. Pg. 176
35.01.05 – Idaho Motor Fuels Tax Administrative Rules
Rule 170 – This
rule will be amended to clearly define which vehicles can use dyed diesel,
according to 63-2425, Idaho Code. Pg. 183
IDAPA 52 – IDAHO STATE LOTTERY COMMISSION
52.01.03 – Rules Governing Operations of the Idaho State
Lottery
The Idaho
Lottery is required to move to an automated balancing functionality between the
Lottery, Intralot (its gaming system contractor) and the Multi-State Lottery
Association (MUSL) and is moving to production that will allow for draw games
to be balanced without human intervention. This is mission critical and will
fundamentally allow the Lottery to no longer have to employ Draw Managers to
audit and balance draws. Pg. 185
IDAPA 58 – DEPARTMENT OF ENVIRONMENTAL QUALITY
58.01.01 – Rules for the Control of Air Pollution in Idaho
DEQ
initiated this rulemaking to update and clarify certain air quality permitting
sections. The proposed revisions include minor rule clarifications for sources
seeking air quality permits or exemptions from permitting. The revisions also
include resolving inconsistencies in rule language, removing outdated
references, adding provisions for renewing operating permits, and correcting
typographical errors.
Members of
the regulated community who may be
subject to Idaho's air quality rules, special interest groups, public
officials, and members of the public who have an interest in the regulation of
air emissions from sources in Idaho may be interested in commenting on this
proposed rule. Pg 192
Upon further
review, DEQ determined that advancing this rule would be premature. If a new
PM2.5 nonattainment area is designated, then DEQ will conduct the analysis to
determine if ammonia contributes significantly to the PM2.5 design value and,
if so, what should be the associated significant emissions rate for ammonia. Notice
of Termination of Negotiated Rulemaking- Pg. 225
DEQ
initiated this rulemaking at the recommendation of the Crop Residue Advisory
Committee to allow farmers to pay the required fees after the burn instead of
prior to the burn. This rulemaking also provides DEQ a more streamlined
administrative process. The fee
structure will not be changed. Due to
the deployment timing of DEQ’s software used to implement the crop residue
burning program, it is necessary to adopt a temporary rule and implement this
change prior to the 2019 spring burning season to avoid interruption of the
burn season. This rulemaking will not change the timing of the fee payment for
the spot and bale burn permit. Pg. 226
The purpose
of this rulemaking is to ensure that the state rules remain consistent with
federal regulations. The Rules for the Control of Air Pollution in Idaho, IDAPA
58.01.01, are updated annually to maintain consistency with federal regulations
implementing the Clean Air Act. This
proposed rule updates federal regulations incorporated by reference to include
those revised as of July 1, 2018. Pg. 228
58.01.02 – Water Quality Standards
This rule
making has been initiated to designate domestic water supply as a beneficial
use in 27 water bodies where the Safe Drinking Water Information System
indicates an active surface water intake or ground water under direct influence
of surface water and where domestic water supply is not currently designated.
Pg. 231
Proposed Rule
Docket No. 58-0102-1703 was published in the Idaho Administrative Bulletin on
August 1, 2018, Vol. 18-8, and
is available at www.deq.idaho.gov/58-0102-1703.
The written comment deadline for Docket No. 58-0102-1703 is August 31, 2018.
After consideration of public comments, DEQ intends to present the final
proposal to the Board for adoption of a pending rule. Notice of Meeting
of the Idaho Board of Environmental Quality pg 297
58.01.05 – Rules and Standards for Hazardous Waste-The purpose of this rulemaking is to
ensure that the state rules remain consistent with federal regulations. This proposed rule includes the
incorporation by reference of 40 CFR
Part 264, Subpart FF, and Part 265, Subpart FF, Fees for the Electronic
Hazardous Waste Manifest Program (e-Manifest system). The fees are imposed and
collected by the U.S. Environmental Protection Agency (EPA) for use of the
e-Manifest system. The e-Manifest system is a new national system established
by EPA for tracking hazardous waste shipments electronically. All receiving
facilities, i.e., facilities that receive waste that must be manifested under
federal law or receive state-regulated hazardous waste that must be manifested
as required by the state in which the waste was generated, must submit those manifests
to EPA either in paper form or electronically beginning June 30, 2018. EPA will
charge receiving facilities an associated fee for each manifest. The fees are
differentiated based on the manifest type and mode of submission.
The fees
depend on the type of manifest submitted and, for the first year, will range
from $5 to $15 per manifest. The fee assessments and collections associated
with this rule are performed solely by EPA. DEQ is not involved in any way with
the assessment or collection of e-Manifest user fees. Therefore, DEQ will not
have additional costs associated with implementing the e-Manifest rule, and the
regulated community will not have additional costs with respect to DEQ; fees
will not be imposed or collected by DEQ. Pg. 298
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