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Idaho Legislative Update: Rules & Regs

Anyone may submit written comments regarding this negotiated rulemaking.

Idaho Legislative Update: Rules & Regs

Idaho Legislative Update: Rules & Regs

by Rep. Heather Scott

Idaho’s legal code is written, for the most part, by unelected government bureaucrats within state agencies and is heavily influenced by special interest lobbyists.  These codes, once passed, have the full force of law.  Agencies are required to negotiate with citizens, but few citizens rarely take the time to notice or comment.   I have made it my mission as a state representative to change that, by educating citizens so they can control their government.

Each month, hundreds of pages of proposed rules and regulations are written which will then be presented to the legislature for approval during the next session.  Each proposed new code is organized by topic.  The time is now for you, the citizen, to become engaged and share your concerns with the agency in charge before the final code is written, becomes law, and affects you!

Below is a simple summary of what is being proposed for negotiation this month.  If you or someone you know has knowledge on 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. 

IDAHO ADMINISTRATIVE BULLETIN June 7, 2017 Rules & Regulation Summary:

Logging-Pharmacy-Education-EMS-Medicaid-Industry-Workers Comp.-Insurance-Property Taxes-Wheat Farmers-Engineers-Surveyers & PERSI

IDAPA 07 – DIVISION OF BUILDING SAFETY

  • Safety Standards and Practices for cable assisted and tethered logging.

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 than June 21, 2017

IDAPA 08 – STATE BOARD AND STATE DEPARTMENT OF EDUCATION

  • Reimbursement for transporting students.

METHOD OF PARTICIPATION: Interested persons wishing to participate in the negotiated rulemaking must respond to this notice by contacting the undersigned either in writing, by email, or by calling the phone number listed below. To participate, responses must be received by June 21, 2017. Should a reasonable number of persons respond to this notice, negotiated meetings will be scheduled and all scheduled meetings shall be posted and made accessible on the agency website at the address listed below.

  • Incorporate by reference the Idaho English Language Proficiency Assessment (ELPA) Achievement Standards.

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 than June 21, 2017.

  • Digital Learning Academy- updates definitions, accreditation references, and accountability requirements.

METHOD OF PARTICIPATION: Interested persons wishing to participate in the negotiated rulemaking must respond to this notice by contacting the undersigned either in writing, by email, or by calling the phone number listed below. To participate, responses must be received by June 21, 2017. Should a reasonable number of persons respond to this notice, negotiated meetings will be scheduled.

IDAPA 10 – BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS

  • Clarify the Board will maintain a website for specific purposes; correct grammar and code references; and remove the Washington Accord (international education accord) as equivalent to US accredited engineering degrees.
  • Continuing Professional Development

Scheduled meeting:  Wednesday, June 28, 2017 – 10:00 am 1510 E. Watertower Street.   Attend the meeting and present your views and thoughts on the draft amendments or submit your views and thoughts in writing not later than June 28, 2017.

IDAPA 16 – DEPARTMENT OF HEALTH AND WELFARE

  • Emergency Medical Services Account III Grants- rules to update and bring them current with new technology.

Monday, June 12, 2017 – 7:30 p.m. Lemhi County Emergency Mgmt./LEPC 200 Fulton, Suite 102 Salmon, ID 83467 ……  Tuesday, June 13, 2017 – 6:00 p.m. North Custer Hospital District Training Room 605 Clinic Road Challis, ID 8322 – Persons wishing to participate in the negotiated rulemaking must do the following: 1. Attend the negotiated rulemaking meetings and participants in negotiated process; 2. Provide oral or written recommendations, or both, at the negotiated rulemaking meetings; 3. Submit written recommendations and comments to this address on or before June 20, 2017.

 

  • Medicaid Basic Plan Benefits- update and revise rules to comply with federal and state regulations which will enhance access to services for mental health care and substance use disorder services in accordance with mental health parity requirements in federal code.

Friday, June 16, 2017 8:00 a.m. to 9:30 a.m.  Central Idaho – DHW Office 3232 Elder Street Conference Room D-East Boise, ID 83705.

Friday, June 23, 2017 12:00 p.m. to 1:30 p.m. Northern Idaho – DHW Office 1120 Ironwood Dr., Ste 102 Lower Level – Conference Room Coeur d’Alene, ID 83814.

Monday, June 26, 2017 – 1:30 p.m. to 3:00 p.m. Eastern Idaho – Human Development Center 421 Memorial Drive Large Conference Room Pocatello, ID 83201.  1. Attend the negotiated rulemaking meetings as scheduled above; 2. Provide oral or written recommendations, or both, at the negotiated rulemaking meetings; 3. Submit written recommendations and comments to this address on or before June 30, 2017.

  • Update these rules to provide better access to early intervention services for infants and toddlers.

Friday, June 16, 2017 10:00 a.m. to 12:00 p.m.  Central Idaho – DHW Office 3232 Elder Street Conf. Rm. D-East Boise, ID 83705.

Friday, June 23, 2017 9:30 a.m. to 11:00 a.m.  Northern Idaho – DHW Office 1120 Ironwood Dr., Ste 102 Lower Level – Conf. Rm. Coeur d’Alene, ID 83814.  

Monday, June 26, 2017 12:00 p.m. to 1:30 p.m. Eastern Idaho – Human Development Center 421 Memorial Drive Large Conference Room, Pocatello, ID 83201.  1. Attend the negotiated rulemaking meetings as scheduled above; 2. Provide oral or written recommendations, or both, at the negotiated rulemaking meetings; 3. Submit written recommendations and comments to this address on or before June 30, 2017:

  • Medicaid Enhanced Plan Benefits- update and revise rules to comply with federal and state regulations which will enhance access to services for mental health care and substance use disorder services in accordance with mental health parity requirements in federal code.

Friday, June 16, 2017 8:00 a.m. to 9:30 a.m.  Central Idaho – DHW Office 3232 Elder Street Conference Room D-East Boise, ID 83705

Friday, June 23, 2017 12:00 p.m. to 1:30 p.m.  Northern Idaho – DHW Office 1120 Ironwood Dr., Ste 102 Lower Level – Conference Room Coeur d’Alene, ID 83814.

Monday, June 26, 2017 – 1:30 p.m. to 3:00 p.m. Eastern Idaho – Human Development Center 421 Memorial Drive Large Conference Room Pocatello, ID 83201.  .  1. Attend the negotiated rulemaking meetings as scheduled above; 2. Provide oral or written recommendations, or both, at the negotiated rulemaking meetings; 3. Submit written recommendations and comments to this address on or before June 30, 2017:

  • Update these rules to provide better access to early intervention services for infants and toddlers.

Friday, June 16, 2017 10:00 a.m. to 12:00 p.m.  Central Idaho – DHW Office 3232 Elder Street Conf. Rm. D-East Boise, ID 83705.

Friday, June 23, 2017 9:30 a.m. to 11:00 a.m.  Northern Idaho – DHW Office 1120 Ironwood Dr., Ste 102 Lower Level – Conf. Rm. Coeur d’Alene, ID 83814.  

Monday, June 26, 2017 12:00 p.m. to 1:30 p.m. Eastern Idaho – Human Development Center 421 Memorial Drive Large Conference Room, Pocatello, ID 83201.  1. Attend the negotiated rulemaking meetings as scheduled above; 2. Provide oral or written recommendations, or both, at the negotiated rulemaking meetings; 3. Submit written recommendations and comments to this address on or before June 30, 2017:

  • Revise rules regarding residential habilitation, supported living provider reimbursement and the related cost survey.

FRIDAY, JUNE 16, 2017 – ALL TIMES LISTED ARE LOCAL * Live Meeting * 3:00 p.m. to 5:00 p.m. * Central Idaho – DHW Office 3232 Elder Street Conf. Room D-East & D-West Boise, ID 83705.

Via Video Conference * 2:00 p.m. to 4:00 p.m.  Northern Idaho – DHW Office 1120 Ironwood Dr., Ste 102 Lower Level – Conf. Room Coeur d’Alene, ID 83814.

Via Video Conference * 3:00 p.m. to 5:00 p.m. * Eastern Idaho – DHW Office 1070 Hiline Rd. (Brown Brick Bldg.) Large Conf. Room Pocatello, ID 83204.   1. Attend the negotiated rulemaking meetings as scheduled above; 2. Provide oral or written recommendations, or both, at the negotiated rulemaking meetings; 3. Submit written recommendations and comments to this address on or before June 30, 2017:

  • Medicaid Cost-Sharing-Add a new section to describe cost-sharing arrangements for participants and families under a new program for children with serious emotional disturbance (SED).

Wednesday, June 14, 2017 3:00 to 5:00 p.m. Central Idaho – DHW Office 3232 Elder Street Conference Room D-West Boise, ID 83705.

Friday, June 23, 2017 1:30 p.m. to 3:00 p.m. Northern Idaho – DHW Office 1120 Ironwood Dr., Ste 102 Lower Level – Conference Room Coeur d’Alene, ID 83814.

Monday, June 26, 2017 – 3:00 p.m. to 4:30 p.m. Eastern Idaho – Human Development Center 421 Memorial Drive Large Conference Room Pocatello, ID 83201.  1. Attend the negotiated rulemaking meetings as scheduled above; 2. Provide oral or written recommendations, or both, at the negotiated rulemaking meetings; 3. Submit written recommendations and comments to this address on or before June 30, 2017:

IDAPA 17 – IDAHO INDUSTRIAL COMMISSION

  • Clarify the regulations that define how benefits must be calculated and paid, and the time frame within which sureties must take certain actions.

Tuesday, June 20, 2017 – 1:00 p.m. (MDT) Idaho Industrial Commission 700 South Clearwater Lane Boise, ID 83720-0041.  Anyone may submit written comments regarding this negotiated rulemaking. All written comments must be directed to beth.kilian@iic.idaho.gov and must be delivered on or before June 28, 2017

  • Medical Fees- review the annual adjustment of the medical fee schedule for physician and hospital reimbursements; the negotiations will determine the appropriate annual adjustments to the medical fee schedule.

Thursday, June 22, 2017 – 9:00 a.m. (MDT) Idaho Industrial Commission 700 South Clearwater Lane Boise, ID 83720-0041.  Anyone may submit written comments regarding this negotiated rulemaking. All written comments must be directed to the undersigned or beth.kilian@iic.idaho.gov and must be delivered on or before June 28, 2017.

  • Insurance Carriers-(Security for Compensation) clarify the regulations that define how benefits must be calculated and paid, and the time frame within which sureties must take certain actions.
  • Self-Insured Employers (Security for Compensation) – clarify the regulations that define how benefits must be calculated and paid, and the time frame within which sureties must take certain actions.

Tuesday, June 20, 2017 – 1:00 p.m. (MDT) Idaho Industrial Commission 700 South Clearwater Lane Boise, ID 83720-0041.  Anyone may submit written comments regarding this negotiated rulemaking. All written comments must be directed to the undersigned or beth.kilian@iic.idaho.gov and must be delivered on or before June 28, 2017.

IDAPA 18 – IDAHO DEPARTMENT OF INSURANCE

  • Credit for Reinsurance-revise and update IDAPA 18.01.75 to include NAIC Credit for Reinsurance Model Regulation #786 provisions supporting the modernization of reinsurance regulation.
  • Corporate Governance Annual Disclosure (New Chapter) more detailed procedures for submitting the required Corporate Governance Annual Disclosure (CGAD) filing and would include the contents that are deemed necessary by the Director of Insurance to carry out the provisions of Chapter 64.

Thursday, June 22, 2017 – 2:30 p.m. Idaho Department of Insurance 700 W State Street – 3rd Floor Boise, ID 83720.   persons wishing to participate in the negotiated rulemaking must respond to this notice by contacting the agency either in writing (paper or email) or by calling the phone number listed below, and/or by attending the public meeting, contact Thomas A. Donovan, tom.donovan@doi.idaho.gov (208) 334-4214.  Anyone may submit written comments regarding this negotiated rulemaking. All written comments must be directed to the above contact and must be delivered on or before June 28, 2017.

Persons wishing to participate in the negotiated rulemaking must respond to this notice by contacting the agency either in writing (paper or email) or by calling the phone number listed below, and/or by attending the public meeting, contact Thomas A. Donovan, tom.donovan@doi.idaho.gov (208) 334-4214.  Anyone may submit written comments regarding this negotiated rulemaking. All written comments must be directed to the above contact and must be delivered on or before June 28, 2017.

IDAPA 27 – BOARD OF PHARMACY

  • Dividing its current rulebook into seven (7) different chapters grouped by subject matter; 1. Rules of Procedure 2. Rules Governing Licensing and Registration 3. Rules Governing Pharmacy Practice 4. Rules Governing Pharmacist Prescriptive Authority 5. Rules Governing Drug Compounding 6. Rules Governing DME, Manufacturing, and Distribution 7. Rules Governing Veterinary Drug Outlets.

Tuesday, August 1, 2017 – 8:00 a.m. (MDT) Idaho State Capitol Building Room WW53 514 West Jefferson Boise, ID 83702.  Persons wishing to participate in the negotiated rulemaking must do the following: All written comments received by July 14, 2017 will be included in the Board’s distributed meeting materials for consideration. Written comments received between July 15, 2017 and July 31, 2017 will be printed and distributed to Board members at the meeting. For those planning to attend the open, public meeting, written and verbal comments will be accepted by and/or presented before the Board.

IDAPA 35 – IDAHO STATE TAX COMMISSION

  • Property Tax Administrative RULE 803 – Budget Certification – Dollar Certification Form (L-2 Form) House Bill 207 is effective July 1, 2017 creating an immediate need for taxing district officials to know how to determine the portion of the forgone amount that may be disclaimed for the current year.

For assistance on technical questions concerning the temporary rule, contact Alan Dornfest (208) 334-7742.

  • PROPERTY TAX RULE 314 – This rule would adopt the guidance found in “IAAO Standard on Mass Appraisal of Real Property, 2013” or discuss possible modifications to the standard’s section entitled “Alternative to Periodic On-site Inspections” to give assessors guidance as to the extent that aerial maps could supplement field inspections.
  • PROPERTY TAX RULE 404 – The existing rule provides companies an automatic extension of the due date for the entire operator’s statement whenever the tax commission fails to submit changes in tax code area boundary lines by March 1. This delays the appraisal of the company because the entire operator’s statement is not available until the mapping changes are completed. This rule allows an extension of the filing date for only the portion of the operator’s statement, which relates to specific tax code area information, but would exclude all other information that is not dependent upon map changes. The portions of the operator’s statement not affected by map changes would not be granted an automatic due date extension from the current due date of April 30.
  • PROPERTY TAX RULE 612 – This rule adds the provision that the assessor determines whether a park model recreational vehicle can be licensed and registered. This rule clarifies that the assessor makes the determination whether or not park model recreational vehicles qualify for the property tax exemption by using the criteria set out in newly amended I.C. 49-445 (HB156). In addition, this rule provides that park model recreational vehicles that are not licensed and registered be subject to the property tax. An additional clarification provides that park models which are licensed and registered before the fourth Monday in November are exempt from property tax regardless of the taxable status of park models on January 1 of any year.
  • PROPERTY TAX RULE 631 – Recently enacted HB 235 changed the investment threshold for which a taxpayer may quality for the property tax exemption found in I.C. 63-602NN, which is the exemption for value added by business investment. The rule changes the qualifying investment threshold from $3 million to not less than $500 thousand at the discretion of the County Commission. In addition, rule will provide guidance on maintaining uniformity under the ordinance, and the examples will be updated to reflect the new law.
  • PROPERTY TAX RULE 803 – Taxing districts and other county officials need clarification on how to compute forgone amount presented in recently enacted HB207. This rule explains how to compute the amount of forgone increase that may be disclaimed. The maximum amount of forgone increase subject to being disclaimed in the current year is the difference between the total forgone amount based on the approved portion of each taxing district’s budget certified in September of the previous year and the district’s total forgone amount based on the approved portion of the taxing district’s budget certified two years ago.
  • Rules (326, 327, and 328) to provide guidance for the appeals process. These rules will establish definitions; provide restrictions, exceptions, permitted communications and procedures for a taxpayer to participate in communications between the appeals unit and the originating division and others during the redetermination process.

For assistance on technical questions concerning this negotiated rulemaking, contact Alan Dornfest at (208) 334-7742. Materials pertaining to the negotiated rulemaking, including any available preliminary rule drafts, can be found on the commission website at the following web address: www.tax.idaho.gov.  For assistance on technical questions concerning the temporary rule, contact Cynthia Adrian (208) 334-7670.

IDAPA 42 – IDAHO WHEAT COMMISSION

  • The Idaho Wheat Commission will take up negotiated rulemaking with regard to the Report of Tax on Wheat form (or equivalent), including the manner in which the form is completed, returned to the Commission, the timing upon which the form is delivered, and the information included in the form.

Friday, June 30, 2017 – 9:00 a.m. Idaho Wheat Commission 821 W. State Street Boise, ID 83706

Monday, August 28, 2017 – 9:00 a.m. La Quinta Inn & Suites 1440 Bench Road Pocatello, ID 83201

Anyone may submit written comments regarding this negotiated rulemaking. All written comments, questions, recommendations, or ideas must be directed to the undersigned and must be submitted to the Idaho Wheat Commission at least three (3) days prior to the meeting dates at the address below or via email to blaine@idahowheat.org.

 

IDAPA 59 – PUBLIC EMPLOYEES RETIREMENT SYSTEM OF IDAHO

  • PERSI Rules for Eligibility- Section 59-1302(15), Idaho Code, was amended in the 2017 legislative session. The definition of “Employer” as applied to all new employers must be in compliance with the Internal Revenue Service regulations governing governmental retirement plans.

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 than not later than June 21, 2017.  For assistance on technical questions concerning the proposed rule, contact Cheryl George at (208) 287-9231. Anyone may submit written comments regarding this proposed rulemaking. All written comments must be directed to the undersigned and must be delivered on or before June 28, 2017

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