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Committee approves morticians’ rules rewrite and a roughly 20% proposed fee increase after debate

2657986 · January 28, 2025
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Summary

The committee approved a pending rulemaking for the Idaho State Board of Morticians that reorganizes rules, updates training and continuing-education requirements, and raises fees to restore the board’s reserve after a negative balance.

The Senate Commerce and Human Resources Committee approved the pending rule chapter for the Idaho State Board of Morticians (docket 24-0801-2401), including a reorganization of rules, updates to trainee and continuing-education standards, and a proposed licensing-fee increase to restore the board’s fund balance.

John Price, bureau chief for the Occupational Licensing Bureau and executive officer for the Idaho State Board of Morticians, told the committee the board’s rules were rewritten in a 0-based regulatory review and that some older provisions duplicative of statute or federal regulation were removed. Among specific changes: the continuing-education requirement was changed from 8 hours annually to 10 hours every two years; inspections will be required before initial licensure; and the board removed an internal jurisprudence-exam requirement after statutory changes.

Price told the committee the board’s fund had a negative balance of about $59,000 as of Sept. 30 of the prior year and that fees have not increased since 2002. To comply with statutory direction that boards maintain a cash balance at or above 30% of a five‑year rolling average of expenditures, the board proposed a biannual fee structure and an approximately 20% increase. Price gave examples: increasing a funeral director license from $85 annually to a $200 fee billed every two years under the proposed schedule.

Committee members questioned the mechanics and timing. Price said other boards in the Division of Occupational and Professional Licenses had temporarily covered the deficit; as receipts come in the balances are tracked separately and the loans are repaid. Price explained the transition to biannual renewal would be staggered by licensee birth year to avoid shortfalls.

Senators debated the magnitude of increases. Senator Lakey said the regulated profession must "pay their freight" and supported getting the board into compliance, while Vice Chair Lenny expressed concern about increasing fees on Idahoans and suggested biannual restructuring without the full proposed increase. Senator Nichols asked whether the docket set a cap or actual fee level; Price confirmed the listed fees are those to be charged and that without the changes the board would continue to run deficits.

Committee Vice Chair Lenny asked for a roll-call vote so members could be on record. The roll call returned eight ayes and one nay, and the motion to approve docket 24-0801-2401 carried.

Actions: Motion to approve docket 24-0801-2401 — roll-call vote 8 ayes, 1 nay; docket approved.