Studies

SB 390

A study of how the Department of Labor and Industry determines licensing board fees commensurate with costs. See details here.

Meetings at which discussed:
Aug. 31- Overview of how and why fees are used for board budgets. Also, committee members had a tour of the facilities at the Department of Labor and Industry where staff work on licensing board issues.

Dec. 1-2 - Dicussion of how department assesses fees to cover board costs as well as charges made by the department for its services.

April 14 - Discussion of public and enterprise funding, antitrust and supervision concerns, and alternate methods of regulation.

June 22 - Discussion of active supervision bills, enterprise funding

HJR 29

A study of membership-based health care services, including membership-based ambulance services. Click here for documents.

Sept. 1 - Panel discussion on legal complications for addressing customers' concerns about costs of air ambulance service.

Dec. 2 - Panel discussions related to hospital interactions with air ambulances and costs, a review of survey results, information from state insurance and licensing regulators, and perceptions of air ambulance medical requirements.

Feb. 4 - Panel discussions by insurers and air ambulance representatives on billing and costs.

April 14 - Update on working group meetings.

June 22 - Update on working group meetings.

Aug. 30 - Review of proposed legislation. Comments

Emerging Issues

Broadband in Montana

Requested to be part of the workplan, the topic of broadband accessibility and affordability in Montana was or will be on the following agendas:

Aug. 31 - Panel discussion of broadband in Montana. Overview plus data provided by panel members.

Feb. 4 - Information to be presented about mapping options and how much money has been spent on broadband by various entities and from various sources.

April 14 - Information to be presented about rural broadband and wireless issues.

EAIC Proposed Rules - 2015-16 Interim

*The complete text for any of the proposed rules listed below, including any hearing information, may be accessed by visiting http://mtrules.org and entering the MAR Notice Number in the "Search by Notice No." field in the bottom right-hand corner of the page. Additional information regarding rulemaking and the Legislature's role in the administrative rulemaking prcess may be accessed here. Rule summaries presented to the Economic Affairs Committee are below.
June 2015	July - Aug 2015	Sept.-Oct. 2015 Addendum	Nov. 2015-Jan. 2016
Feb. - March 2016; Addendum	April - May 2016	June - July 2016	Aug.-Sept. 2016

Dept. of Agriculture, administratively attached entities

Notice Date	MAR Notice No.	Agency, Board or Commission	Subject	Staff Memo /Other Documents
5-6-2016	4-16-233	Growth through Agriculture	Proposes new rules for review of applications, monitoring of loans/grants, matching funds and shortfalls.	May-June 2016
4-8-2016	4-16-231	Agricultural Sciences	New rules proposed for pesticide certification and training plus fees.	May-June 2016 April addendum Hearing set for April 29, 2016.
10-15-2015	4-14-230	Commodity Advisory Committee	Revises petition process for commodity advisory committee. Repeals rules related to corn crop advisory committee vis-a-visHB 390.	November 2015 Adopted
10-15-2015	4-14-229	Mint Committee	Repeals rules on mint committee, student loans, redundant public participation.	November 2015 Adopted
10-15-2015	4-14-228	Wheat and Barley Committee	Lets committee set at least one application for grants a year. Disallows indirect costs in grant in general.	November 2015 Adopted
6-25-2015	4-14-227	Ag Sciences Division	Revises weed seed free forage identification and transport rule.	August 2015 Adopted
5-28-2015	4-14-226	Ag Sciences Division	Amends existing rules pertaining to state noxious weeds and regulated plants	June 2015 Adopted
5-28-2015	4-14-225	Ag Sciences - Organic Program	Amends procedures and application and service fees for organic program.	June 2015 Adopted

Dept. of Commerce, administratively attached entities

Notice Date	MAR Notice No.	Agency, Board or Commission	Subject	Staff Memo/Other Documents
8-5-2016	8-94-149	Community Development Block Grants	Proposes to adopt by reference guidelines for small-scale housing and rehabilitation grants.	Hearing set for Aug. 26. August 2016
8-5-2016	8-119-148	Tourism Advisory Council	Revises reference guide, including allowing joint ventures with the Department of Commerce or other lodging facility tax entities.	August 2016
6-3-2016	8-94-147	Community Development Block Grants	New rule proposed to incorporate by reference rules for affordable housing development projects.	Adopted May-June 2016
6-3-2016	8-101-146	Montana Coal Board	Proposes to revise language related to exclusions from environmental review to facilitate coordination.	May-June 2016
5-6-2016	8-111-145	Board of Housing	Incorporates the 2017 qualified allocation plan and revises procedures for low-income housing tax credit program.	May-June 2016
4-22-2016	8-94-144	Community Development Block Grants	New rule proposed to incorporate by reference rules for housing and neighborhood renewal projects.	May-June 2016
4-8-2016	8-94-142	Planning Bureau	Federal Community Development Block Grant rules to be adopted by reference for 2017-2018.	April addendum
11-25-2015	8-2-139	Quality Schools Program	Updating the application for quality schools grants.	Adopted
9-10-2015	8-119-137	Department of Commerce	Repeals rules related to film tax credit incentives.	Adopted
9-10-2015	8-99-138	Office of Tourism and Business Development	Big Sky Economic Development Trust Fund guidelines	Adopted
7-30-2015	8-99-136	Primary Sector Workforce Training	Updates existing rule to use 2017 Biennium Primary Sector Workforce Training Grant Application guidelines.	August 2015 Adopted
7-30-2015	8-94-134	Treasure State Endowment Program	Updates existing rule to use 2017 Biennium TSEP - Emergency Grants guidelines.	August 2015 Adopted
7-30-2015	8-2-135	Department of Commerce	Proposed rule outlining what qualifies for categorical exclusions from the Montana Environmental Policy Act.	August 2015 Adopted
5-14-2015	8-99-132	State Tribal Economic Development Commission	Repeal rules related to pilot program for Indian Language Preservation.	June 2015 Adopted repeal
4-30-2015	8-94-131	Community Development Division	Amends rules to comply with federal regulations on community development block grants.	June 2015 Adopted
3-26-2015	8-111-129	Board of Housing	Revises definition of qualified allocation plan for housing tax credit program.	June 2015 Adopted

Dept of Labor and Industry, administratively attached entities

Notice Date	MAR Notice No.	Agency, Board or Commission	Subject	Staff Memo/Other Documents

8-5-2016	24-189-35	Board of Psychologists	Proposes to align minimum standards with American Psychological Association. Revises work sample, temporary permit rules. Proposes to repeal rules duplicated by department rules.	Hearing set for Aug. 29 August 2016
7-22-2016	24-162-40	Board of Nursing Home Administrators	Proposes new rule to address nonroutine applications and fee schedule changes to help streamline applications. Repeals rules that duplicate activities done by department.	August 2016
7-8-2016	24-183-42	Board of Prof. Engineers and Prof. Land Surveyors	Proposes to remove emeritus status and implements HB 63 changes, which includes some rules being repealed on direct supervision and renewals.	August 2016
6-17-2016 and 4-22-2016	24-29-314 Comments	Employment Relations (Workers' Compensation)	Amends rules for medical service fee schedules. Adjusts conversion factors.	May-June 2016
6-3-2016	24-207-40	Board of Real Estate Appraisers	Removes prohibited use of online or certain alternative courses for continuing education.	May-June 2016 June 24, 2016 hearing set.
5-20-2016	24-171-36	Board of Outfitters	Proposes to revise fees and rules on outfitter records, watercraft tags, experience out of state, fishing and hunting outfitters' operation plans and summaries, and submission of first aid certification with renewals. Proposes repeal of river-use transfers.	Public hearing was June 10, 2016. May-June 2016
4-22-2016	24-219-30	Board of Behavioral Health	Proposes rules for addiction counselors to join board. Sets qualifications for supervisors and treatment settings. Proposes to update rules related to fee schedules, military experience, out-of-state licensure, education, and applications.	May-June 2016
4-8-2016	24-177-33	Board of Physical Therapy Examiners	Proposes criteria to allow dry needling based on national guidelines. Prohibits delegation.	April addendum May-June 2016
3-18-2016	24-159-82	Board of Nursing	Proposes to revise delegation rules for nurses and unlicensed assistive persons. Repeal proposed for unneeded rules.	Hearing 4-8-2016 April 2016
2-19-2016	24-301-311	Building Codes Bureau	Rules propose to update building code laws, adopt international code on swimming pools, spas, and wildland-urban interface, revise laws and fees related to factory-built buildings and--in line with 2013 statutory changes--revise use of motor homes or recreational vehicles. Repeal proposed for mostly redundant rules.	Hearing 3-11-2016 April 2016
2-19-2016	24-126-35	Board of Chiropractors	Revises rules on patient records, continuing education, unprofessional conduct related to advertising and to a proposed rule regarding sexual relations with patients. Repeals outdated rules.	Hearing 3-11-2016 April 2016
1-22-2016	24-13-313	Workforce Services Division	New rules proposed to implement HELP Act, SB 405, from the 2015 Session.	January 2016
11-25-2015	24-301-309	Building Codes Bureau	Rules incorporate uniform plumbing code, implement SB 71 related to multiple boiler inspection fees, and incorporates by reference the International Wildland Urban Interface Code of 2012.	January 2016
11-25-2015	24-29-312	Employment Relations Division	Proposed rules for closing and reopening workers' compensation claims.	January 2016
11-25-2015	24-301-309	Department of Labor and Industry	Proposed adoption of changes to boiler requirements as to SB 71, warewashing sink as to Uniform Plumbing Code, and new rule on International Wildland Urban Interface Code.
11-12-2015	24-219-29	Board of Behavioral Health	Amends some definitions, adds education and code of ethics requirements.	November 2015
10-29-2015	24-17-310	Employment Relations Div.	Adoption of 2016 Prevailing Wage Rates. Repeal of rule on projects of a mixed nature.	November 2015 Adopted
10-29-2015	24-204-38	Board of Radiologic Technologists	Revises fees, military training, code of ethics, and course requirements. Proposes repeal of renewal rule.	November 2015 Adopted
10-15-2015	24-155-5	Board of Massage Therapy	Proposes to repeal grandfather admission clause, to implement SB 104.	November 2015
10-15-2015	24-147-37	Board of Funeral Service	Revises application for mortician license as to HB 110 and amends deposit time for prepaid funeral arrangements as to HB 225.	November 2015
10-15-2015	24-301-308	Building Codes	Amends and repeals rules related to the International Building Code and International Swimming Pool and Spa Code.	November 2015 Rules amended, adopted and repealed as noticed.
10-15-2015	24-129-16	Board of Clinical Laboratory Science Practitioners	Adds association of bioanalysts to minimum license standards. Repeals application rule to avoid duplication.	November 2015
10-15-2015	24-219-28	Board of Behavioral Health	New rules would say who can perform psychological assessments, plus related requirements to implement SB 235.	November 2015 Adopted
9-24-2015	24-207-39	Board of Real Estate Appraisers	Amends board organization, fees, definitions, examinations, applications, mentor requirements, renewals, record-keeping, and unprofessional conduct. Repeals renewal rule to avoid duplication.	November 2015 Also in January 2016 report
9-10-2015	24-121-13	Board of Barbers and Cosmetologists	Adds rules regarding nonchemical barbering, revises rules related to sanitation, blood spills, nonroutine licenses, and inspector licenses.	Adopted
8-13-2015	24-138-71	Board of Dentistry	Rules affect dental auxiliaries, licensure by credentials of dentists and specialists, dental hygience limited access permits, denturist interns, conversion of inactive license, reactivation of expired license, military expertise, continuing education, and screening panels.	August 2015 Adopted
6-11-2015	24-21-302	Apprenticeship Program	Apprenticeship training ratios.	June 2015 Adopted
5-14-2015 and 10-29-2015	24-177-32	Board of Physical Therapy Examiners	Revises licensing terms to remove costly redundancy; sets process for dry needling practice.	Letter asking for EAIC hearing Followup 9/8 Letter June 2015 2 adoptions; 1 not adopted
5-14-2015	24-159-81	Board of Nursing	Amends rule on intravenous therapy. Proposes rules for nurse licensure compact.	June 2015 Adopted
5-14-2015	24-174-66	Board of Pharmacy	Amends rules on administering vaccines. Amends and repeals rules on dangerous drugs.	June 2015 Adopted
5-14-2015	24-11-304	Unemployment Insurance Div.	Adopt rules on contacting unemployment office. Amends rules on notices and scope. Repeals rules on certain manuals, redundancies.	June 2015 Adopted
5-4-2015	24-171-35	Board of Outfitters	Revises outfitter qualifications.	June 2015
4-30-2015	24-29-306	Employment Relations Div.	Revises facility and provider fees for workers' compensation; adjusts utilization and treatment guidelines.	June 2015 Adopted
4-30-2015	24-150-39	Board of Hearing Aid Dispensers	Amends certain fees and testing requirements. Repeals renewal rule.	June 2015 Adopted
4-30-2015	24-210-42	Board of Realty Regulation	Amends rules on continuing education, inactive licenses	June 2015 Adopted
3-12-2015	24-213-19	Board of Respiratory Care Practitioners	Repeals rules on renewal process and board seal.	June 2015 Adopted repeal
3-12-2015	24-216-22	Board of Sanitarians	Increases renewal fees. Removes NEHA-application fee option.	Adopted
2-26-2015	24-156-82	Board of Medical Examiners	Increases, revises license fees; revises continuing education for acupuncturists. Revises terms and rules for emergency care providers.	June 2015 Adopted
2-12-2015	24-16-303	Employment Relations Div., and Workforce Services Div.	Updates rules regarding public health and safety laws, repeals rules covered by federal or state laws.	June 2015 Adopted

Dept. of Livestock, administratively attached entities

Notice Date	MAR Notice No.	Agency, Board or Commission	Subject	Staff Memo/Other Documents
7-22-2016	32-15-264	Brands Enforcement	Proposes increasing inspection fee for horses, mules, asses.	August 2016
6-3-2016	32-16-275	Milk and Egg Inspection	Revises fee per hundredweight on milk production and sales; expands groups to be assessed.	Projected to impact 72 licensees. May-June 2016
5-20-2016	32-16-274	Animal Health	Revises rules for contact with rabid animals in line with Compendium of Animal Rabies Prevention and Control; revises reference to deputy state veterinarian.	May-June 2016
3-18-2016	32-16-273	Animal Health	Revises rules related to alternative livestock, to elk-red deer hybrid-type testing, and lowers age at which cattle IDs are needed for intrastate travel.
2-19-2016	32-16-272	Board of Milk Control	Proposes penalties that are consistent between the Milk Control Bureau and Board of Milk Control and meet SB 183's reinstatement terms [from 2015 session].	April 2016
1-22-2016	32-16-271	Meat and Poultry Inspection	Proposes clarification to prevent release of products containing certain listeria. Proposes to remove certain reporting.	January 2016
12/24/2015	32-15-270	Board of Milk Control	Revises producer committee, by specifying its authority to control and pooling plan definitions.	January 2016
12-24-2015	32-15-269	Board of Milk Control	Proposes revised assessment on milk producers and manufacturers. Lowers assessment on producer-distributor but no longer excludes butter, cream cheese, or cheese. So creates assessment for those producers. Rewords how out-of-state distributors pay fee.	January 2016
11-12-2015	32-15-268 and public hearing notice	Dept. of Livestock	Increases assessment to $0.2755 per hundredweight of all classes of milk produced each month. Sets minimum and maximum assessments. Impact to small businesses.	May 4 Meetingon Milk Assessments November 2015
12-24-2015	32-15-267	Dept. of Livestock	Proposes new rule on mandatory reports of feral swine. Updates rules on testing agent license fees and alternative livestock elk tags, plus extension of period for test on rodeo cattle, and revised rules on semen shipping.	January 2016
9-10-2015	32-15-266	Board of Milk Control and Dept. of Livestock	Revises assessment filing dates to monthly rather than quarterly and switches duty from Milk Control Board to the Department.The fee is unchanged.	Adopted
4-30-2015 and 2-26-2015	32-15-260	Animal Health Div.	Amends and repeals rules related to state veterinarian and deputy, importation, health certificates, and permits.	June 2015 Adopted

State Auditor's Office

Notice Date	MAR Notice No.	Agency, Board or Commission	Subject	Staff Memo/Other Documents
2-19-2016	6-221	Securities Division	Proposes revisions to payouts of Securities Restitution Fund to allow for differences to those 60 years old and older as allowed under HB 57 {2015].	3-10-2016 hearing April 2016
2-19-2016	6-219	Insurance Division	Proposes new rule for enterprise risk reporting and revisions to form rules	No hearing planned April 2016
10-29-2015	6-207	Insurance Division	Rules propose to define and regulate the practice of those issuing bail bonds.	November 2015 January 2016
10-29-2015	6-220	Insurance Division	Revises rules for patient-centered medical homes.	November 2015 Adopted
7-30-2015	6-218	Securities Division	Revises notice filing requirements under Securities Act of 1933 section 18(b)(4)(d).	August 2015 Adopted
4-30-2015	6-215	Insurance Division	Rules on long-term care policies clarify notice terms and limits what can be used to justify a premium rate change.	June 2015 Adopted
4-30-2015	6-214	Insurance Division	Provides rules on fire tax premium allocations.	June 2015 Adopted
3-12-2015	6-213	Insurance Division	Updates manual used in audited reports.	June 2015 Adopted

Montana State Fund

Notice Date

MAR Notice No.

Agency, Board or Commission

Subject

Staff Memo/Other Documents

4-8-2016

2-55-47

State Fund

Proposes to let retrospectively rated policies get general dividends.

April addendum

No hearing set.

Division of Banking & Financial Institutions in Dept. of Administration

Notice Date	MAR Notice No.	Agency, Board or Commission	Subject	Staff Memo/Other Documents
8-5-2016	2-59-546	Dept. of Administration, Division of Banking & Financial Inst	Proposes to define "regularly engaged" to fix licensing loophole for mortgage brokers, etc. Proposes 50% drop in 2017 license fees.	August 2016
3-18-2016	2-59-543	Dept. of Administration, Division of Banking & Financial Inst	Temporarily suspends fee for semiannual assessment on banks.	No hearing planned April 2016
3-4-2016	2-59-542	Dept. of Administration, Division of Banking & Financial Inst	Rules propose to allow credit unions to invest in public revenue bonds and revise net worth estimate. Director training rule to be updated.	No hearing planned April 2016
10-15-2015	2-59-534	Dept. of Administration, Division of Banking & Financial Inst	Amends record keeping and reporting forms for mortgage brokers, lenders or servicers.	November 2015 Adopted
10-15-2015	2-59-533	Dept. of Administration, Division of Banking & Financial Inst	Amends rules related to implement HB 550 regarding credit unions: supervisory committees, investments, and boards of directors.	November 2015 Adopted
10-15-2015	2-59-522	Dept. of Administration, Division of Banking & Financial Inst	Proposes rules for closing consumer loan business and reimbursing department for administrative action. Amends rules on credit insurance, examination fees, license surrender, and reporting.	November 2015 Adopted
7-30-2015	2-59-528	Dept. of Administration, Division of Banking & Financial Inst.	Reduces by 50% through March 17, 2016, renewal fees for mortgage brokers, etc. Revises existing rule to remove exception for new applicant.	August 2015 Adopted
4-16-2015	2-59-526	Dept. of Administration, Division of Banking & Financial Inst.	Reduces bank assessment until 8-31-2015.	Adopted

Governor's Office of Economic Development

Notice Date	MAR Notice No.	Agency, Board or Commission	Subject	Staff Memo/Other Documents

EAIC Legislation

Legislation of Interest to the EAIC that became law in 2015

* * *

Committee's Proposed 2017 Legislation:

LC 173 -- Revise interim committee review authority over alcohol control laws
LC 400 - Revising reporting requirements for Business Industrial Companies
LC 399 - Revising interim committee review of advisory councils, reports

LC 379- Allow insured patients of air ambulance services to be held harmless on balance bills as part of a dispute resolution process. In drafting stage, see suggested draft.
LC 380 - Revise regulation of certain air ambulance memberships. In drafting stage, see suggested draft.

Montana State Legislature

2015-2016 Economic Affairs Interim Committee

EAIC Proposed Rules - 2015-16 Interim

Dept. of Livestock, administratively attached entities

State Auditor's Office

Division of Banking & Financial Institutions in Dept. of Administration

EAIC Legislation