FICTION VS. REALITY
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!
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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 ofTitle 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.
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