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The Adams County Record
Council, Idaho
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October 3, 2012     The Adams County Record
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October 3, 2012
 

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Page 20 Wednesday, October 3, 2012 The Adams County Record Please submit legal notices to legals@theadamscountyrecord com ! ~w NO" -- NUED limitations for each licensure category. PO Box 83720 Boise, ID 83720-0093 taxing district first budgets the maximum 28-0205-1201, Rural" Community Blockamount of property tax permitted includ- Grant Program tRCBG). (Temp & Prop) ing any foregone amount. Increases the population of eligible cities 35-0103-1205, Provides assessors stan- to 25,000. dard guidance in preparation of maps; 24-2501-1201, Rules of the Idaho Driving Businesses Licensure Board. Defines the limitations on operating a business out of a secondary location and limits the hours of student classroom instruction per day to 6 hours. 24-2701-1201, Rules of the Idaho State Board of Massage Therapy. New chapter provides for the administration and establishment of procedures and pro- cesses for licensure of massage therapists. IDAPA 25 - OUTFITTERS AND GUIDES LICENSING BOARD 1365 North Orchard St., Room 172, Boise, ID 83706 25-0101-1202, Rules of the Idaho Outfitters and Guides Licensing Board. (Temp & Prop) Establishes that outfitters licensed for big game hunting may pro- vide wolf trapping as a hazardous excur- sion to clients when both are properly permitted and licensed. IDAPA 27 IDAHO BOARD OF PHARMACY 130 Box 83720 Boise, ID 83720-0067 27.01.01 - Rules of the Idaho State Board of Pharmacy 27-0101-1201, Updates and clarifies rule by removing extraneous language and obsolete references; clarifies renewal dates; renames registration categories. 27-0101-I202, Adds. strikes and clarifies definitions; reduces license and regis- tration posting requirement; technicians- in-training must obtain and maintain employment and student pharmacists and technician registrations may be can- celled ff they no longer meet the minimum requirements; clarifies student pharma- cist registration and that a prescriber can designate "brand only" verbally; clarifies who initials certain labels and who is exempt from obtaining positive identifica- tion; reinstates the 7-day allowance for annual inventory; states all drugs must be stored according to rule; addresses delivery of prescriptions to a correctional facility; clarifies that a pharmacy can not open without a pharmacist-in-charge or a director present; addresses when a pharmacist may be absent from a retail IDAPA 35 - STATE TAX COMMISSION PO Box 36, Boise, ID 83722-0410 35.01.01 - Income Tax Administrative Rules 35-0101-1201, Redefines 'disability' to clarify the treatment of pensions received by certain retired police officers and fire- fighters; revises eligibility criteria that allows a decluction for installing energy efficiency upgrade measures within exist- hag residences; clarifies what constitutes non-qualifying property for the Idaho cap- ital gains deduction; revises the options of pass-through entities; clarifies practice of applying Idaho investment tax credit limi- tations first to mobile property and then to used property. 35-0101-1202, Adds tax brackets for cal- endar year 2012 and removes the infor- mation for calendar year 2007 so only 5 years of historical data is retained; pro- vides that passive losses incurred in years when a taxpayer had no activity in Idaho are not deductible; removes the prohi- bition allowing the deduction of class- room supplies and other expenses not to exceed $250 of elementary and second- ary teachers; clarifies the allocation and apportionment procedures used when an S corporation and its qualified subchapter S subsidiaries are carrying on more.than one unitary business; clarifies the order of limitations for the Idaho investment tax credit; corrects an oversight from the Hire One Act of 2011 by allowing companies to continue to receive the new jobs tax credit up until the start of the Hire One Act and has a sunset date of January I, 2017; sets the amounts of the grocery credit for 2008 and provides for an increase in the amounts for subsequent years; provides that a filing date for any report, claim, tax return, statement or other document ,or making any such payment that falls on a Saturday, Sunday, legal holiday or a holi- day recognized by the Intemal Revenue Service, is considered timely ff performed on the next business day. allows maps to be produced in digital format; updates reference to a manual to the 2009 edition. 35-0103-1207, Updates and corrects cer- tain reference to administrative appeals; updates documents incorporated by ref- erence; removes requirement that tax- ing districts and urban renewal revenue allocation areas submit a map upon dis- solution; clarifies that transient personal property located in a neighboring state for a time but does not pay taxes to the neighboring state pays taxes in Idaho; expands the definition of 'pipeline' to include gas gathering lines and brings gathering lines under PUC regulation and makes them subject to appraisal by the state for apportionment purposes; adds the site improvement exemption; deletes unused land categories 8, 44, 60, 61 and 62; provides county assessors guid- ance on recreational vehicle exemption; changes due date for the exemption appli- cation for operating properties and directs the filing of the application for locally assessed property to the county com- missioners; explains to assessors that the previous year's exemption will be deducted from the current year's new construction roll. 35-0102-1201, Sales Tax pharmacy whi1~ the pharmacy is open; Administrative Rules. Clarifies that a adios gr~aadfathering provision to a secu- rental of tangible personal property with rity requirement; clarifies that pharma- an owner-provided equipment operator cy provide public notice of any change in business hours; addresses pharmacy permanent clgsing procedures; requires director to r~ify the Board of a change in employment; clarifies when a hospital's emergency room can dispense; requires an out-of-state marl service pharmacy to provide toll free telephone access to patients; reestablishes conditions for drug returns. 27-0101-1203, Expands the use of self- service automated dispensing and storage systems to hospital emergency rooms. 27-0101-1204, Addresses the practice limitations of pharmacists and members of a committee; clarifies scope of practice and restricts a pharmacist from condut- ing physical examinations or engaging in the unlicensed practice of medicine; addresses when and where drug product substitutions are allowed and requires that a pharmacist serve on a skilled nursing facility's quality assurance and assessment committee. 27-0101-1205, Expands the definition of central pharmacy to central drug outlet or pharmacist and of centralized pharmacy services; expands and establishes criteria for the statutorily authorized pharmacist registration category; converts current out-of-state and across state lines drug outlet categories into an expanded non- resident drug outlet category and estab: lishes registration criteria; defines when a pharmacist may be registered versus licensed; requires all nonresident phar- macies and central drug outlets to reg- ister a PIC or director in Idaho; expands centralized pharmacy services practice standards; reduces the requirements of a policy and procedures manual. IDAPA 28 - DEPARTMENT OF COMMERCE will be treated as a fully operated rental whether the hired operator is an employ- ee of the equipment owner or not; clarifies the exemption for ~ purchase and use of aircraft primarily utilized in trans- porting freight or passengers; clarifies whether certain fees or charges added onto the sale of tangible personal prop- erty should be included in the taxable sales price; defines 'trade down'; clari- fies the taxability of tangible personal property removed from inventory held for resale; defines 'money oPerated dispens- ing equipment' and 'amusement device' to include machines operated by credit or debit cards; changes the period for reviewing the ongoing IRP use tax exemp- tion; clarifies current policy and proce- dure regaring exemption certificates. 35.01.03 - Property Tax Administrative Rules 35-0103-1202, (*PH) Clarifies exclu- sive use provisions for determining what leased property is exempt when used for educational purposes; clarifies the exemption process to add a property tax site improvement related to land exemp- tion for land developers. 35-0102-1203, Provides guidance to county assessors on foreclosure sales; provides that the homeowner's exemption continues for one year after the death of the individual who has previously quali- fied; clarifies what information must be listed on the notice that serves as the annual exemption application; identifies specific Bureau of the Census reports that track populations of cities and coun- ties for purposes of sales tax distribution. 35-0103-1204, Requires applicants for certain property tax exemptions to be notified of the decision to grant or deny the application by May 15; requires that a 35-0109-1201, Table and Kitchen Wine Tax Administrative Rules: Amends cur- rent policy and procedure regarding the types of security acceptable in place of a bond; deletes outdated language requiring reports of out-of-state wholesalers and distributors. 35-0110.1201, Idaho Cigarette and Tobacco Products Tax Administrative Rules. Amends current policy and pro- cedure regarding the types of security acceptable in place of a bond. 35-0112-1201, Idaho Beer Tax Administrative Rules. Amends cur- rent policy and procedure regarding the types of security acceptable in place of a bond; deletes outdated language requiring reports of out-of-state wholesalers and distributors. 35-0201-1201, Administration and Enforcement Rules. Adds the interest rate for calendar year 2013 and the Revenue Ruling where the federal rate for the calculation can be found; allows for the exchange of information to Treasurers Office and Idaho Transportation Department. IDAPA 36 - IDAHO BOARD OF TAX APPEALS PO BOx 83720 Boise, ID 83720-0088 36-0101-1201, Idaho Board of Tax Appeals Rules. Updates Board's proce- dural rules and deletes a public witness rule. IDAPA 37 - DEPARTMENT OF WATER RESOURCES PO Box 83720 BoISe, ID 83720-0098 "37-0303-1201, Minimum Standards for the Construction and Use of Injection Wells. (*PH) Changes to Class V injection wells comply with state law and federal code; adds and updates deft- nitions; removes exemptions for certain shallow injections wells; reduces permit- ting and advertising requirements for low- flow domestic heat pump retum injection wells; adds rules specific to Class II injec- tions wells associated with oil and gas production. IDAPA 38 - DEPARMNT OF ADMINISTRATION PO Box 83720 Boise, ID 83720-0013 38-0406-1202, Rules Governing Use of the Exterior of State Property in the Capitol Mall and Other State Facilities. (Temp & Prop) Establishes the allowed uses and sets parameters of use to ensure the safety of persons and prop- erty when the exteriors of state properties are used for purposes other than the con- duct of public business. 38-0407o1202, Rules Governing "Use of the Interior of State Property in the Capito! Mall and Other State Facilities. (Temp & Prop) Establishes the allowed uses and sets parameters of use to ensure the safety of persons and prop- erty when the interiors of state properties are used for purposes other than the con- duct of public business. 38-0408-1202, Rules Governing Use of Idaho State Capitol Exterior. (Temp & Prop) Establishes the allowed uses and sets parameters of use to ensure the safety of persons and property when the exterior of the State Capitol is used for purposes other than the conduct of pub- lic business. IDAPA 39 - IDAHO TRANSPORTATION DEPARTMENT PO Box 7129, ~Boise ID 83707-1129 39-0261-1201, Rules Governing License Plates for Governmental Agencies and Taxing Districts, Makes the application process and registration costs consistent "for all exempt plates for agencies eligible for exempt vehicle reg- istratien; adds provisions specific to the undercover plate program. 39-0271-1201, Rules Governing Driver's License V'mlation Point System. Authorizes and directs the department to establish a violation point count sys- tem for various moving traffic violations and infractions and rule rule implements the system and provides information and guidance to the public and those drivers impacted by violation points. 39-0342-1201, Rules Governing Highway Right-of-Way Encroachments on State Rights-of-Way. (Temp & Prop) Clarifies and simplifies the permit appea/ process; renames and redefines the high- way types and access types; places more authority with the District Engineers; and restructures the fee schedule based on proposed land use. IDAPA 47 - DIVISION OF VOCATIONAL REHABILITATION PO Box 83720, Boise, ID 83720-0027 47-0101-1202, Rules of the Idaho Division of Vocational Rehabilitation. Updates the incorporation by reference of the Field Services Policy Manual as approved in June 2012; updates the poli- cies and procedures regarding customer appeals, mediation process, and order of selections process. IDAPA 52 - IDAHO STATE LOTTERY COMMISSION PO Box 6537, Boise, ID 83707-6537 524)102-1201, Gaming Rules of the Idaho State Lottery Commission. Aligns rule to Idaho Code by increasing the max- imum allowable expenditure percentages for charitable bingo and raffle licensees. 52.01.03 - Rules Governing Operations of the Idaho State Lottery 52-0103-1201, Allows Lottery to charge a minimal cost- recovery fee when cus- tomers purchase tickets via a PAT ticket vending machines using a PIN-protected debit card rather than cash. 52-0103-1202, Eliminates requirement that the equipment used for on-line game drawings be inspected before and after drawings to align with current policy; clarifies procedure for processing joint claims on winning lottery tickets to avoid disputes over prize winnings payouts. IDAPA 54 - OFFICE OF THE STATE TREASURER PO Box 83720, Boise, ID 83720-9101 54-0301-1201, Idaho Unclaimed Property Administrative Rules. Provides clarifications and a better understanding of existing rules and procedtires. NOTICE OF PROCLAMATION OF RULEMAKING IDAPA 06 - Idaho Board of Correction 06-0101-1202, Rules of the Board of - See FACIN PAGr, ,ml