Idaho Code § 39-1106 — Idaho Code / Title 39 / Chapter 11 / Section 39-1106
39-1106 ISSUANCE OF LICENSE — RENEWAL.
Status: in_force

39-1106. Issuance of license — Renewal. (1) Upon receipt of the completed application, inspection certificates and the criminal history, the department shall, upon a finding of compliance with the standards set forth in this chapter, issue a basic daycare license to the applicant within sixty (60) days. The license shall be valid for two (2) years, unless suspended or revoked, and be posted in a conspicuous place at the daycare facility.

(2) The department shall send a renewal application to the owner of the daycare facility no later than ninety (90) days prior to the expiration of an existing license. The owner shall submit to the department the renewal application with the required renewal fee and a criminal history check prior to the expiration of the existing license. A complete criminal history check shall be provided for any new persons requiring a criminal history check in accordance with section 39-1105, Idaho Code.

(3) Criminal history checks on those persons under eighteen (18) years of age shall include a check of the juvenile justice records of adjudications of the magistrate division of the district court, county probation services and department records as authorized by the minor and his parent or guardian.

(4) The department shall maintain a list of all licensees for public use.

(5) Submission of a renewal application, fee and required criminal history check shall entitle the daycare facility owner to continue daycare services, subject to action by the department pursuant to section 39-1113, Idaho Code.

History:

[39-1106, added 1987, ch. 56, sec. 1, p. 94; am. 1992, ch. 90, sec. 2, p. 279; am. 2009, ch. 295, sec. 6, p. 875; am. 2020, ch. 291, sec. 2, p. 841; am. 2025, ch. 185, sec. 4, p. 863; am. 2025, ch. 186, sec. 2, p. 868; am. 2026, ch. 251, sec. 12, p. 1063.]
Idaho Code § 39-3609 — Idaho Code / Title 39 / Chapter 36 / Section 39-3609
39-3609 IDENTIFICATION OF WATER BODIES WHERE BENEFICIAL USES ARE NOT FULLY SUPPORTED.
Status: in_force

39-3609. Identification of water bodies where beneficial uses are not fully supported. In accordance with the provisions set forth in the federal clean water act and after consultation with the appropriate basin advisory group and watershed advisory group, the director shall notify the appropriate public agencies of any water bodies in which the designated beneficial uses are not fully supported. For water bodies so identified, the director shall place such water bodies into one (1) of the following priority classifications for the development of total maximum daily load or equivalent processes:

(1) "High." The director shall place water bodies in this category taking into account the availability and quality of data, department resources, and whether the severity of pollution poses a significant risk to designated or existing beneficial uses. The director, in establishing this category, shall consider public involvement as set forth in this chapter.

(2) "Medium." The director shall place water bodies in this category taking into account the availability and quality of data, department resources, and whether the severity of the pollution poses a risk to designated or existing beneficial uses.

(3) "Low." The director shall place water bodies in this category taking into account the availability and quality of data, department resources, and whether the severity of pollution poses a minimal risk to designated or existing beneficial uses.

History:

[39-3609, added 1995, ch. 352, sec. 1, p. 1172; am. 1997, ch. 279, sec. 5, p. 833; am. 2013, ch. 348, sec. 6, p. 947; am. 2016, ch. 111, sec. 1, p. 316.]
Idaho Code § 39-5406 — Idaho Code / Title 39 / Chapter 54 / Section 39-5406
39-5406 APPLICATION OF ACT.
Status: in_force

39-5406. Application of act. Except as may be otherwise provided by a judicial decree entered in any action filed before the effective date of this act, the provisions of this act apply to all persons conceived as a result of artificial insemination as defined herein.

History:

[39-5406, added 1982, ch. 349, sec. 6, p. 865.]
Idaho Code § 39-2102A — Idaho Code / Title 39 / Chapter 21 / Section 39-2102A
39-2102A LABELING OF PAINT AND CLEANSING LIQUIDS CONTAINING TOXIC ADDITIVES.
Status: in_force

39-2102A. Labeling of paint and cleansing liquids containing toxic additives. All persons, partnerships, or corporations who sell or offer to sell in the state of Idaho any type of paint, solvent, or cleansing liquids containing toxic additives shall cause a label to be placed on each and every box, package, or container showing thereon the name and type of such ingredients and/or toxic additives and the amount of each.

History:

[(39-2102A) 39-2102(A), as added by 1963, ch. 40, sec. 1, p. 188; am. and redesig. 2007, ch. 90, sec. 19, p. 256.]
Idaho Code § 39-8201 — Idaho Code / Title 39 / Chapter 82 / Section 39-8201
39-8201 TITLE.
Status: in_force

39-8201. Title. This chapter shall be known as the "Idaho Safe Haven Act."

History:

[(39-8201) 39-8101, added 2001, ch. 357, sec. 1, p. 1253; am. and redesig. 2005, ch. 25, sec. 68, p. 106.]
Idaho Code § 39-242 — Idaho Code / Title 39 / Chapter 2 / Section 39-242
39-242 DUTIES OF DIRECTOR.
Status: in_force

39-242. Duties of director. The director shall:

(a) Establish a vital statistics unit with suitable offices properly equipped for the preservation of its official records;

(b) Install statewide system of vital statistics;

(c) Supervise and require the enforcement of this chapter and the regulations of the board made pursuant thereto. The board is authorized to adopt, amend and repeal regulations for the purpose of carrying out the provisions of this chapter, in accordance with chapter 52, title 67, Idaho Code.

History:

[39-242, added 1949, ch. 72, sec. 2, p. 117; am. 1974, ch. 23, sec. 62, p. 633; am. 1983, ch. 7, sec. 3, p. 26.]
Idaho Code § 39-7912 — Idaho Code / Title 39 / Chapter 79 / Section 39-7912
39-7912 DIRECTOR MAY REQUEST ADDITIONAL INFORMATION.
Status: in_force

39-7912. Director may request additional information. The applicant shall provide the director with additional information the director deems necessary to process an application, within thirty (30) days of the director's request. The time period within which the director must act with regard to an application shall be stayed until the information requested is provided. If an applicant fails to provide the information within this time period, unless a longer time period is allowed by the director, the director may stop the application process and require the applicant to submit a new application.

History:

[39-7912, added 2000, ch. 268, sec. 1, p. 767.]
Idaho Code § 39-102 — Idaho Code / Title 39 / Chapter 1 / Section 39-102
39-102 STATE POLICY ON ENVIRONMENTAL PROTECTION.
Status: in_force

39-102. State policy on environmental protection. (1) It is hereby recognized by the legislature that the protection of the environment and the promotion of personal health are vital concerns and are therefore of great importance to the future welfare of this state. It is therefore declared to be the policy of the state to provide for the protection of the environment and the promotion of personal health and to thereby protect and promote the health, safety and general welfare of the people of this state.

(2) The goal of the legislature in enacting the ground water quality protection act of 1989 shall be to maintain the existing high quality of the state's ground water and to satisfy existing and projected future beneficial uses including drinking water, agricultural, industrial and aquacultural water supplies. All ground water shall be protected as a valuable public resource against unreasonable contamination or deterioration. The quality of degraded ground water shall be restored where feasible and appropriate to support identified beneficial uses.

(3) In enacting this law, the legislature intends to prevent contamination of ground water from point and nonpoint sources of contamination to the maximum extent practical. In attaining the goals enumerated in subsections (1) and (2) of this section, the legislature wishes to enumerate the following ground water quality protection goals:

(a) It is the policy of the state to prevent contamination of ground water from any source to the maximum extent practical.

(b) The discovery of any contamination that poses a threat to existing or projected future beneficial uses of ground water shall require appropriate actions to prevent further contamination. These actions may consist of investigation and evaluation or enforcement actions if necessary to stop further contamination or clean up existing contamination as required under the environmental protection and health act.

(c) All persons in the state should conduct their activities so as to prevent the nonregulated release of contaminants into ground water.

(d) Education of the citizens of the state is necessary to preserve and restore ground water quality.

(4) It is the policy of the state to protect ground water and to allow for the extraction of minerals above and within ground water. A mine operator shall protect current and projected future beneficial uses of ground water at a point of compliance designated pursuant to rules of the department. Degradation of ground water is allowed at a point of compliance if the mine operator implements the level of protection during mining activities appropriate for the aquifer category.

History:

[39-102, added 1972, ch. 347, sec. 2, p. 1017; am. 1989, ch. 421, sec. 1, p. 1028; am. 2015, ch. 223, sec. 1, p. 686.]
Idaho Code § 39-275 — Idaho Code / Title 39 / Chapter 2 / Section 39-275
39-275 APPLICABILITY.
Status: in_force

39-275. Applicability. The provisions of this chapter also apply to all certificates of birth, death, marriage, divorce, stillbirth, and reports of induced abortion previously received by the vital statistics unit and in the custody of the state registrar.

History:

[39-275, added 1983, ch. 7, sec. 37, p. 44.]
Idaho Code § 39-6305 — Idaho Code / Title 39 / Chapter 63 / Section 39-6305
39-6305 FEES WAIVED.
Status: in_force

39-6305. Fees waived. No filing fee, service fee, hearing fee or bond shall be charged for proceedings seeking only the relief provided under this chapter.

History:

[39-6305, added 1988, ch. 341, sec. 1, p. 1014.]
Idaho Code § 39-1345 — Idaho Code / Title 39 / Chapter 13 / Section 39-1345
39-1345 DUE AND DELINQUENT DATES OF TAXES ASSESSED.
Status: in_force

39-1345. Due and delinquent dates of taxes assessed. All hospital district taxes levied and assessed under the provisions of this act shall become due and delinquent and shall attach to and become a lien on the real property assessed at the same time as state and county taxes. All the provisions of the Idaho Code governing and assessing and collecting state and county taxes are hereby made applicable to the assessment and collection of said hospital district taxes wherever the same are not inconsistent with the provisions of this act.

History:

[39-1345, added 1965, ch. 173, sec. 28, p. 340.]
Idaho Code § 39-3127 — Idaho Code / Title 39 / Chapter 31 / Section 39-3127
39-3127 COORDINATION OF SERVICES BETWEEN REGIONS AND STATE.
Status: in_force

39-3127. COORDINATION OF SERVICES BETWEEN REGIONS AND STATE. The director of the department of health and welfare shall coordinate services between the regional behavioral health centers and the state psychiatric hospitals.

History:

[39-3127, added 2014, ch. 43, sec. 9, p. 110; am. 2026, ch. 25, sec. 9, p. 120.]
Idaho Code § 39-7109 — Idaho Code / Title 39 / Chapter 71 / Section 39-7109
39-7109 RIGHT TO CLAIM REIMBURSEMENT.
Status: in_force

39-7109. Right to claim reimbursement. (1) State emergency response teams and local emergency response authorities may submit claims to the military division for reimbursement of the following documented costs incurred as a result of their response to a hazardous substance incident:

(a) Disposable materials and supplies acquired, consumed and expended specifically for the purpose of the response;

(b) Compensation of employees for the time and efforts devoted specifically to the response that are not otherwise provided for in the applicant's operating budget, (e.g., overtime pay for permanent full-time and other than full-time employees, recalled personnel or responding when out of jurisdiction);

(c) Rental or leasing of equipment used specifically for the response (e.g., protective equipment or clothing, scientific and technical equipment);

(d) Replacement costs for equipment owned by the applicant that is contaminated beyond reuse or repair, if the applicant can demonstrate that the equipment was a total loss and that the loss occurred as a result of the response (e.g., self-contained breathing apparatus irretrievably contaminated during the response);

(e) Decontamination of equipment contaminated during the response;

(f) Special technical services specifically required for the response (e.g., costs associated with the time and efforts of local and state personnel to recover the costs of response and of technical experts/specialists not otherwise provided for by the local government);

(g) Medical monitoring or treatment of response personnel;

(h) Laboratory costs for purposes of analyzing samples taken during the response; and

(i) Disposal costs. Such costs may be reimbursed as provided in this chapter.

Reimbursement for the costs identified in paragraphs (a) through (c) of this subsection will not exceed the duration of the response.

(2) A private person, who is not a part of the state emergency response team or a local emergency response authority and is not liable under section 39-7111, Idaho Code, may submit a claim to the military division for costs identified in section 39-7109, Idaho Code, if their response was requested by the incident commander.

(3) Claims for reimbursement shall be submitted to the military division within sixty (60) days after termination of the hazardous substance incident for the state's determination of payment, if any.

(4) Reimbursements shall only be paid after the military division finds that the actions by the state emergency response team or the local emergency response authority were taken in response to a hazardous substance incident as defined in this chapter.

(5) The state of Idaho shall be subrogated to the rights of any such person so reimbursed to the extent of such reimbursement.

History:

[39-7109, added 1991, ch. 242, sec. 1, p. 589; am. 1997, ch. 121, sec. 6, p. 362; am. 2009, ch. 281, sec. 4, p. 847.]
Idaho Code § 39-4408 — Idaho Code / Title 39 / Chapter 44 / Section 39-4408
39-4408 UNAUTHORIZED TREATMENT, STORAGE, RELEASE, USE OR DISPOSAL OF HAZARDOUS WASTE PROHIBITED.
Status: in_force

39-4408. Unauthorized treatment, storage, release, use or disposal of hazardous waste prohibited. (1) No person shall treat or store hazardous waste, nor shall any person discharge, incinerate, release, spill, place, or dispose any hazardous waste in such a manner that the waste, or any constituent thereof, may enter the environment, unless the department has issued said person a permit or a variance as required for the specific activity involved or exempted the activity from permit requirements.

(2) Nonhazardous liquids shall not be disposed of in a landfill for which a permit is required under section 39-4409, Idaho Code, or which is operating pursuant to interim status granted under section 3005(c) of RCRA, unless the owner or operator of the landfill demonstrates to the director that:

(a) The only reasonable alternative is placement in a landfill or unlined surface impoundment which contains or may contain hazardous waste; and

(b) Placement in the owner or operator's landfill will not present a risk of contamination of any existing or potential underground source of drinking water.

(3) Waste or used oil or other material which is contaminated or mixed with any hazardous waste, other than wastes identified solely on the basis of ignitibility, shall not be used for dust suppression or road treatment.

(4) The board shall have authority to prohibit:

(a) Land disposal of any hazardous waste; and

(b) Storage of any hazardous waste prohibited from land disposal, unless such storage is solely for the purpose of the accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment or disposal.

History:

[39-4408, added 1983, ch. 154, sec. 1, p. 421; am. 1986, ch. 148, sec. 3, p. 418; am. 2026, ch. 89, sec. 5, p. 466.]
Idaho Code § 39-267 — Idaho Code / Title 39 / Chapter 2 / Section 39-267
39-267 DELAYED REGISTRATION.
Status: in_force

39-267. Delayed registration. Any certificate required to be filed under this chapter accepted for filing after the time prescribed by the board shall be filed in accordance with the minimum standards prescribed by the national agency in charge of vital statistics.

(1) If a delayed certificate of birth is rejected under the provisions prescribed, a petition signed and sworn to by the petitioner may be filed with a court of competent jurisdiction for an order establishing a record of the date and place of birth and the parentage of the person whose birth is to be registered. An order entered following the procedure established in section 39-278, Idaho Code, shall be acceptable evidence for establishing a delayed certificate of birth in the vital statistics unit.

(2) If a delayed certificate of death is rejected under the provisions prescribed, a petition signed and sworn to by the petitioner may be filed with a court of competent jurisdiction for an order establishing a record of the date and place of death. An order entered following the procedure established in section 39-278, Idaho Code, shall be acceptable evidence for establishing a delayed certificate of death.

History:

[(39-267) 1949, ch. 72, sec. 21, p. 117; am. and redesignated 1983, ch. 7, sec. 29, p. 39; am. 2010, ch. 78, sec. 2, p. 130.]
Idaho Code § 39-6103 — Idaho Code / Title 39 / Chapter 61 / Section 39-6103
39-6103 SEVERABILITY.
Status: in_force

39-6103. Severability. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.

History:

[39-6103, added 2004, ch. 128, sec. 1, p. 437.]
Idaho Code § 39-7424 — Idaho Code / Title 39 / Chapter 74 / Section 39-7424
39-7424 SOLID WASTE DISPOSAL FEES.
Status: in_force

39-7424. solid waste disposal fees. (1) In order to facilitate the department assuming the responsibility for the activities formerly the responsibility of the various public health districts, it is necessary to impose a system of fees upon each municipal solid waste disposal facility or site authorized pursuant to this chapter, or other disposal facility authorized by the director, to support the additional regulatory responsibilities of the department. Costs and expenses incurred by the department in performing the duties provided for in this chapter that were formerly the responsibility of the various public health districts shall be paid out of the solid waste regulatory fund created in this chapter. The fees imposed pursuant to this section shall apply to all solid waste disposed of in an MSWLF located within this state, whether disposal remains in state or is exported out of state, and regardless of whether such waste is subsequently mined or otherwise recovered for items of value.

(2) Each facility subject to regulation pursuant to this chapter shall pay an annual inspection fee.

(a) MSWLFs shall pay an annual inspection fee of four thousand dollars ($4,000).

(b) All other solid waste facilities shall pay an annual inspection fee in an amount to be established by the director.

(3) In addition to the annual inspection fee, a tonnage fee of seven cents ($0.07) per ton of solid waste shall be imposed. The tonnage fee shall be assessed only on:

(a) Solid waste disposed of at an MSWLF in the state of Idaho; and

(b) Solid waste accepted at a transfer station and transported for disposal at an MSWLF located outside the state of Idaho.

(4) Applicants shall pay an application fee in an amount to be established by the director at the time of submitting an application to the department. Application fees are intended to promote accountability by ensuring complete and accurate submittal and not to cover the full costs incurred by the department when carrying out its duties during application review and administration.

(5) The legislature shall reevaluate the sufficiency of this section's fee amounts in the 2030 legislative session and shall adjust the fees accordingly, if necessary.

History:

[39-7424, added 2026, ch. 7, sec. 28, p. 49.]
Idaho Code § 39-4119 — Idaho Code / Title 39 / Chapter 41 / Section 39-4119
39-4119 LIVE VIRTUAL RE-INSPECTIONS.
Status: in_force

39-4119. LIVE virtual re-inspections. (1) Except as otherwise provided for in this section, the division and local governments shall be authorized to perform live virtual re-inspections at their discretion.

(2) When conducting a live virtual re-inspection pursuant to this section, the division or a local government shall, with respect to each re-inspection, verify the address or physical location of such re-inspection. Such verification may be made by showing the physical address or other identifying features of the location where the live virtual re-inspection is taking place.

(3) Neither the division nor local governments shall use live virtual re-inspections for structural inspections on buildings that are three (3) stories or greater.

(4) For purposes of this section:

(a) "Live virtual inspection" means a form of visual inspection that uses real time visual or electronic aids to allow an inspector who is enforcing a building code to perform an inspection without having to be physically present at the job site during the inspection.

(b) "Live virtual re-inspection" means a live virtual inspection performed following a previous inspection by an inspector who was physically present at the location subject to such re-inspection.

History:

[(39-4119) 39-4117, added 2025, ch. 221, sec. 1, p. 1040; am. and redesig. 2026, ch. 251, sec. 15, p. 1065.]
Idaho Code § 39-7412 — Idaho Code / Title 39 / Chapter 74 / Section 39-7412
39-7412 DESIGN REVIEW PROCEDURE.
Status: in_force

39-7412. Design review procedure. (1) Design of a MSWLF unit shall not be reviewed until site certification has been obtained. After obtaining site certification, an applicant shall produce design plans and specifications which comply with the design standards set forth in this chapter. The responsibility for complying with said standards shall rest solely with the applicant.

(2) The applicant shall conduct a preliminary investigation. In so doing, the applicant shall conduct aerial and cadastral surveys and perform other relevant studies to demonstrate compliance with this chapter and rules promulgated pursuant thereto.

(3) After completing the preliminary investigation, the applicant shall submit findings and a preliminary design plan to the director for review and approval pursuant to this chapter. The preliminary design plan shall include:

(a) A hydrogeologic report;

(b) Climatic data;

(c) Location restrictions;

(d) A preliminary ground water monitoring plan;

(e) A preliminary schematic design of environmental monitoring systems;

(f) A preliminary schematic design of the facility; and

(g) Such other information as is relevant or necessary to demonstrate compliance with the provisions of this chapter and rules promulgated pursuant thereto and to provide for meaningful comment by the public and the department.

(4) Upon approval of the preliminary design by the director, the applicant shall submit a final design report to the director for review and approval pursuant to this chapter.

(a) The final design report shall include:

(i) A site-specific analysis of hydrogeologic conditions;

(ii) Location restrictions;

(iii) Factors relevant to long-term site integrity;

(iv) A ground water monitoring program;

(v) Facility design and specifications; and

(vi) Such other information as is relevant or necessary to demonstrate compliance with the provisions of this chapter and rules promulgated pursuant thereto.

(b) The submittal shall be prepared and stamped by a qualified professional in a manner consistent with sound professional practices.

(5) Expansion of the site, facility, or operations, including adding a CWF, or addition of activities not included in the approved preliminary design shall require the applicant to submit an application to update the preliminary design with the department for review and approval. The review and approval process for such applications shall depend on whether the proposed action is considered to be a major or minor modification.

History:

[(39-7412) 39-7411, added 1992, ch. 331, sec. 1, p. 985; am. and redesig. 1993, ch. 139, sec. 13, p. 360; am. and redesig. 2026, ch. 7, sec. 16, p. 38.]
Idaho Code § 39-7425 — Idaho Code / Title 39 / Chapter 74 / Section 39-7425
39-7425 COLLECTION OF FEES AND REPORTING.
Status: in_force

39-7425. Collection of fees and reporting. (1) The annual inspection fee shall be due and payable on or before October 31 of each year. The department may adopt rules for pro-rating the annual inspection fee for new or closed facilities.

(2) The tonnage fees shall be due and payable in monthly installments by the owner, operator, or designated employee or agent of such disposal facility or site.

(a) On or before the thirtieth day following the end of each monthly period in which the fee imposed pursuant to this chapter accrued, the owner, operator, or designated employee or agent shall file a return with the department on such forms as the department may require. The return shall be signed and shall include:

(i) The quantity of waste in tons for facilities with scales;

(ii) The quantity of waste in tons, using five hundred (500) pounds per cubic yard, for facilities exempt from having scales;

(iii) The amount of the fee for which the owner or operator is liable for the preceding monthly period; and

(iv) The remittance for such amount in such form required by the department.

(b) The department may relieve any person from the obligation of filing monthly returns and may instead require the return to cover other reporting periods, but in no event shall returns be filed for a period greater than three (3) months.

History:

[39-7425, added 2026, ch. 7, sec. 29, p. 50.]
Idaho Code § 39-7914 — Idaho Code / Title 39 / Chapter 79 / Section 39-7914
39-7914 CONFIDENTIALITY OF RECORDS.
Status: in_force

39-7914. Confidentiality of records. Information obtained by a public agency pursuant to this chapter or its associated rules is subject to public disclosure pursuant to the provisions of chapter 1, title 74, Idaho Code. Information submitted under a trade secret claim may be entitled to confidential treatment as provided in section 74-114, Idaho Code, and rules of the department of environmental quality.

History:

[39-7914, added 2000, ch. 268, sec. 1, p. 768; am. 2001, ch. 103, sec. 76, p. 317; am. 2015, ch. 141, sec. 100, p. 451.]
Idaho Code § 39-1327 — Idaho Code / Title 39 / Chapter 13 / Section 39-1327
39-1327 OATHS AND BONDS OF BOARD MEMBERS.
Status: in_force

39-1327. Oaths and bonds of board members. Whenever a district has been declared duly organized the members of the board shall qualify by filing with the clerk of the board of county commissioners their oaths of office, and corporate surety bonds at the expense of the district in an amount not to exceed one thousand dollars ($1,000) each, the form thereof to be fixed and approved by the board of county commissioners conditioned for the faithful performance of their duties as trustees.

History:

[39-1327, added 1965, ch. 173, sec. 10, p. 340.]
Idaho Code § 39-8302 — Idaho Code / Title 39 / Chapter 83 / Section 39-8302
39-8302 DEFINITIONS.
Status: in_force

39-8302. Definitions. As used in this chapter:

(1) "Blood relative" means a person's biologically related parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew, niece or first cousin.

(2) "DNA" means deoxyribonucleic acid, ribonucleic acid and chromosomes which may be analyzed to detect heritable diseases or conditions, including the identification of carriers, predicting risk of disease, or establishing a clinical diagnosis.

(3) "DNA sample" means any human biological specimen from which DNA can be extracted, or DNA extracted from such specimen.

(4) "Employer" means any person, partnership, limited liability company, association, corporation, labor organization, employment agency or nonprofit entity that employs five (5) or more persons including relatives, and including the legislative, executive and judicial branches of state government; any county, city, or any other political subdivision of the state; or any other separate unit of state or local government.

(5) "Foreign adversary" means the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian Arab Republic, including any agent of or any other entity under significant control of such foreign adversary, or any other entity deemed by the governor in consultation with the adjutant general.

(6) "Genetic analysis" or "genetic test" means the testing or analysis of an identifiable individual's DNA that results in information that is derived from the presence, absence, alteration or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker or markers. "Genetic analysis" or "genetic test" does not mean:

(a) A routine physical examination;

(b) A routine chemical, blood or urine analysis;

(c) A test to identify the presence of drugs or HIV infection; or

(d) A test performed due to the presence of signs, symptoms or other manifestations of a disease, illness, impairment or other disorder.

(7) "Genetic sequencer" means any device or platform used to conduct genetic analysis, resequencing, isolation, or other genetic research.

(8) "Human genome" means DNA or ribonucleic acid (RNA) found in human cells.

(9) "Individual" means the person from whose body the DNA sample originated.

(10) "Medical facility" means a facility for the delivery of health services that:

(a) Receives state moneys, including interagency pass-through appropriations from the federal government; and

(b) Conducts research or testing on, with, or relating to genetic analysis or the human genome.

(11) "Operational or research software" means computer programs used for the operation, control, analysis, or other necessary functions of genetic analysis or genetic sequencers.

(12) "Person" means any person, organization or entity other than the individual.

(13) "Private genetic information" means any information about an identifiable individual that is derived from the presence, absence, alteration or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker or markers, and which has been obtained from a genetic test or analysis of the individual's DNA or from a genetic test or analysis of a person's DNA of whom the individual is a blood relative. "Private genetic information" does not include information that is derived from:

(a) A routine physical examination;

(b) A routine chemical, blood or urine analysis;

(c) A test to identify the presence of drugs or HIV infection; or

(d) A test performed due to the presence of signs, symptoms or other manifestations of a disease, illness, impairment or other disorder.

(14) "Research facility" means a facility that:

(a) Receives state moneys, including interagency pass-through appropriations from the federal government; and

(b) Conducts research on, with, or relating to genetic analysis or the human genome.

History:

[39-8302, added 2006, ch. 293, sec. 1, p. 904; am. 2024, ch. 318, sec. 3, p. 1052.]
Idaho Code § 39-4406 — Idaho Code / Title 39 / Chapter 44 / Section 39-4406
39-4406 GENERAL POWERS AND DUTIES OF DIRECTOR.
Status: in_force

39-4406. General powers and duties of director. The director:

(1) Shall take all actions not inconsistent with this chapter as are necessary and feasible to enable the department to assume and continue primacy over hazardous waste management, pursuant to RCRA;

(2) May conduct and publish studies of hazardous waste management in this state; and

(3) Shall exercise all powers and discharge all duties expressed in or implied from the other sections of this chapter.

History:

[39-4406, added 1983, ch. 154, sec. 1, p. 420; am. 1993, ch. 291, sec. 3, p. 1086; am. 2026, ch. 89, sec. 4, p. 465.]
Idaho Code § 39-1325A — Idaho Code / Title 39 / Chapter 13 / Section 39-1325A
39-1325A PETITIONS FOR DISSOLUTION OF HOSPITAL DISTRICTS.
Status: in_force

39-1325A. Petitions for dissolution of hospital districts. (1) Proceedings for the dissolution of a hospital district may be initiated by a petition containing the signatures of qualified electors of the district or owners of property within the district equal in number to ten percent (10%) of the qualified electors and taxpayers of the district, the same percentage required for the organization of the district, but not earlier than four (4) years after the date of its establishment.

(2) The petition, when completed and verified, shall be filed with the clerk of the court of the county or counties if more than one (1) county is involved. The county clerk shall publish notice and the county commissioners shall hold a hearing on the matter. If necessary, they shall hold an election, subject to the provisions of section 34-106, Idaho Code, on the matter. The hearing and election shall be held in accordance with the terms and provisions of title 34, Idaho Code. The disposition of hospital district assets on dissolution and the provision for payment of district indebtedness shall be made in accordance with the provisions of sections 63-4105 and 63-4106, Idaho Code.

(3) If the hospital district embraces territory in more than one (1) county, an election for its dissolution shall be deemed approved only if a majority of the votes cast in each such county were cast in the affirmative. If, upon the canvass of ballots, it be determined that the proposition has been approved, the board of county commissioners of each county shall enter its order to that effect, subject to the provisions of section 39-1325C, Idaho Code, and the order shall by them be made a matter of record.

History:

[(39-1325A) 39-1325a, added 1988, ch. 173, sec. 1, p. 303; am. 1993, ch. 137, sec. 2, p. 338; am. 1995, ch. 118, sec. 50, p. 468; am. and redesig. 2004, ch. 263, sec. 1, p. 742; am. 2009, ch. 341, sec. 66, p. 1036.]
Idaho Code § 39-2513 — Idaho Code / Title 39 / Chapter 25 / Section 39-2513
39-2513 SUNSET DATE.
Status: in_force

39-2513. sunset date. [EFFECTIVE UNTIL JUNE 30, 2029] The provisions of this chapter shall be null, void, and of no force and effect on and after June 30, 2029.

History:

[39-2513, added 2023, ch. 60, sec. 1, p. 221.]
Idaho Code § 39-305A — Idaho Code / Title 39 / Chapter 3 / Section 39-305A
39-305A QUALIFIED SUBSTANCE USE DISORDERS PERSONNEL.
Status: in_force

39-305A. qualified substance use disorders personnel. Each behavioral health program providing substance use disorders services shall employ the number and variety of staff needed to provide the services and treatments offered by the program as a multidisciplinary team. The program shall employ at least one (1) qualified substance use disorders professional for each behavioral health program location. For purposes of this section, "qualified substance use disorders professional" means an IBADCC-certified alcohol/drug counselor, an IBADCC-certified advanced alcohol/drug counselor, a master addictions counselor certified by the national board for certified counselors or the NCCAP, or a licensed professional.

History:

[39-305A, added 2025, ch. 178, sec. 4, p. 844.]
Idaho Code § 39-8706 — Idaho Code / Title 39 / Chapter 87 / Section 39-8706
39-8706 STAY PENDING MOTION TO DISMISS.
Status: in_force

39-8706. Stay pending motion to dismiss. In any action exempted pursuant to section 39-8703, Idaho Code, all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party. During the pendency of any stay of discovery, unless otherwise ordered by the court, any party to the action with actual notice of the allegations contained in the complaint shall treat all documents, data compilations, including electronically recorded or stored data, and tangible objects that are in the custody or control of such party and that are relevant to the allegations, as if they were the subject of a continuing request for production of documents from an opposing party.

History:

[39-8706, added 2004, ch. 380, sec. 1, p. 1142.]
Idaho Code § 39-112 — Idaho Code / Title 39 / Chapter 1 / Section 39-112
39-112 EMERGENCY — ORDER — HEARING — MODIFICATION, AFFIRMANCE, OR SETTING ASIDE.
Status: in_force

39-112. Emergency — Order — Hearing — Modification, affirmance, or setting aside. (1) Any other provision of law to the contrary notwithstanding, if the director finds that a generalized condition of air pollution exists and that it creates an imminent and substantial endangerment to the public health or welfare constituting an emergency requiring immediate action to protect human health or safety, the director, with the concurrence of the governor as to the existence of such an emergency shall order persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air contaminants, and such order shall fix a time and place, not later than twenty-four (24) hours thereafter, for a hearing to be held before the director. Not more than twenty-four (24) hours after the commencement of such hearing, and without adjournment thereof, the director shall affirm, modify or set aside its order.

(2) In the absence of a generalized condition of air pollution of the type referred to in subsection (1) of this section, if the director finds that emissions from the operation of one (1) or more air contaminant sources is causing imminent and substantial danger to human health or safety the director may bring suit through the attorney general in the appropriate district court to immediately restrain any person causing or contributing to the alleged pollution to stop the emission of air pollutants causing or contributing to such pollution. If it is not practicable to assure prompt protection of public health or welfare or the environment by commencement of such civil action, the director may order the person or persons responsible for the operation or operations in question to reduce or discontinue emissions immediately without regard to other provisions of this act. In such event, the requirements for hearing and affirmance, modification or setting aside of an order set forth in subsection (1) of this section shall apply. For purposes of subsections (1) and (2) of this section, imminent and substantial endangerment or danger shall be interpreted no more broadly than these words are interpreted under section 303 of the clean air act, 42 USC 7603.

(3) Nothing in this section shall be construed to limit any power which the governor or any other officer may have to declare an emergency and act on the basis of such declaration, if such power is conferred by statute or constitutional provision, or inheres in the office.

History:

[39-112, added 1972, ch. 347, sec. 12, p. 1017; am. 2000, ch. 132, sec. 20, p. 334.]
Idaho Code § 39-4202 — Idaho Code / Title 39 / Chapter 42 / Section 39-4202
39-4202 COMPLIANCE.
Status: in_force

39-4202. Compliance. No manufacturer shall sell or offer for sale within this state:

(1) Any new recreational vehicle that is not manufactured in compliance with the National Fire Protection Association (NFPA) 1192 Standard for Recreational Vehicles; or

(2) Any new park model recreational vehicle that is not manufactured in compliance with the American National Standards Institute (ANSI) A119.5 Standards for Recreational Park Trailers.

History:

[39-4202, added 1995, ch. 267, sec. 15, p. 865; am. 2017, ch. 134, sec. 2, p. 313.]
Idaho Code § 39-9904 — Idaho Code / Title 39 / Chapter 99 / Section 39-9904
39-9904 SUPPORT SHEET.
Status: in_force

39-9904. support sheet. (1) The department shall create an up-to-date, evidence-based support sheet about Down syndrome that has been reviewed by medical experts and the Idaho Down syndrome council. The support sheet shall be provided at the time of diagnosis or when an ultrasound or test detects a high likelihood of Down syndrome. The support sheet shall be readily accessible and include the following:

(a) A clinical course description of Down syndrome, including possible physical, developmental, educational, and psychosocial outcomes;

(b) Options available for treatment and therapy for conditions related to Down syndrome;

(c) Life expectancy for individuals with Down syndrome; and

(d) Contact information for nonprofit Idaho Down syndrome organizations that provide information and support services for caregivers, including first-call programs and information hotlines specific to Down syndrome, resource centers, and other education and support programs for Down syndrome.

(2) The department shall post the information required in this section on its website and shall include an information support sheet, in a print-friendly format, to be delivered by health care practitioners to parents as prescribed in section 39-9903, Idaho Code.

(3) The department shall ensure that the information on the support sheet required in this section is culturally and linguistically appropriate for caregivers.

(4) A Down syndrome organization may request that the department include the organization's informational material and contact information on the department's website. The department may add the information to the website upon request.

(5) The department shall meet annually with representatives of the Idaho Down syndrome council to ensure the information in the support sheet that is made available by the department is current.

History:

[(39-9904) 39-9704, added 2022, ch. 80, sec. 1, p. 228; am. and redesig. 2023, ch. 218, sec. 13, p. 616.]
Idaho Code § 39-7414 — Idaho Code / Title 39 / Chapter 74 / Section 39-7414
39-7414 OPERATIONS PLAN REVIEW.
Status: in_force

39-7414. Operations plan review. (1) Prior to operation of a MSWLF unit, an operations plan shall be submitted to the department. It shall be the responsibility of each applicant of a MSWLF unit to certify to the department that the operations plan complies with this chapter and rules promulgated pursuant thereto. No solid waste disposal facility shall accept waste without a current operating certificate from the department.

(2) An applicant shall provide information in the operations plan in sufficient detail to show compliance with this chapter and rules promulgated pursuant thereto.

(3) Proposed alternative operating criteria may be included in the operations plan for review and approval by the director pursuant to this chapter. Alternative operating criteria may also be approved by submitting an application to amend the operations plan with the department. The review and approval process for such applications shall depend on whether the proposed operating criteria is considered to be a major or minor modification.

(4) Expansion of the site, facility, or operations, including adding a CWF, or addition of activities not included in the approved operations plan shall require the applicant to submit an application to amend the operations plan with the department. The review and approval process for such applications shall depend on whether the proposed operating criteria is considered to be a major or minor modification.

(5) Operations plans shall be recertified every five (5) years, at a minimum, pursuant to this chapter.

(6) The review and approval process for a new operations plan, an amendment thereto, or recertification thereof shall be conducted pursuant to this chapter.

History:

[(39-7414) 39-7413, added 1993, ch. 139, sec. 15, p. 362; am. and redesig. 2026, ch. 7, sec. 18, p. 42.]
Idaho Code § 39-3522 — Idaho Code / Title 39 / Chapter 35 / Section 39-3522
39-3522 PROVISIONAL CERTIFICATION.
Status: in_force

39-3522. Provisional certification. (1) Upon inspection or investigation, should an applicant for a certificate or a care provider be unable or unwilling to meet a standard because of one (1) or more conditions or acts that do not immediately jeopardize the health or safety of the resident, the department may grant a provisional certificate pending the satisfactory correction of all deficiencies and demonstration of continuing compliance for up to six (6) months.

(2) The department, at its discretion, may impose conditions on the certified family home, which if imposed shall be included with the notice of provisional certification. Such conditions may be imposed to ensure the care provider achieves compliance with the standard or to aid the department in monitoring the care provider's performance during the provisional certification period.

History:

[(39-3522) 39-3564, added 1994, ch. 284, sec. 1, p. 888; am. 2000, ch. 274, sec. 104, p. 852; am. and redesig. 2005, ch. 280, sec. 46, p. 910; am. 2024, ch. 63, sec. 28, p. 325.]
Idaho Code § 39-8401 — Idaho Code / Title 39 / Chapter 84 / Section 39-8401
39-8401 FINDINGS AND PURPOSE.
Status: in_force

39-8401. Findings and purpose. The legislature finds that violations of Idaho's tobacco master settlement agreement act threaten the integrity of Idaho's master settlement agreement with leading tobacco product manufacturers, the fiscal soundness of the state, and the public health. The legislature finds that enacting procedural enhancements will help prevent violations of Idaho's tobacco master settlement agreement act and thereby safeguard the master settlement agreement, the fiscal soundness of the state and the public health.

History:

[39-8401, added 2003, ch. 33, sec. 2, p. 146.]
Idaho Code § 39-4604 — Idaho Code / Title 39 / Chapter 46 / Section 39-4604
39-4604 DEFINITIONS.
Status: in_force

39-4604. Definitions. As used in this chapter:

(1) "Comprehensive developmental disability system" means a system of services including, but not limited to, the following basic services with the intention of providing alternatives to institutionalization:

(a) Evaluation services;

(b) Diagnostic services;

(c) Treatment services;

(d) Individualized developmental programs;

(e) Extended sheltered employment and work activities;

(f) Recreation services;

(g) Domiciliary care services;

(h) Special living arrangement services;

(i) Counseling services;

(j) Information and referral services;

(k) Follow-along services; and

(l) Transportation services.

(2) "Department" means the Idaho department of health and welfare.

(3) "Developmental disabilities facility" means any service or group of services which provide care to the developmentally disabled on an inpatient, outpatient, residential, clinical or other programmatic basis, including sheltered workshops and adult and child development centers.

(4) "Developmental disability" is:

(a) Attributable to an impairment, such as intellectual disability, cerebral palsy, epilepsy, autism or other condition found to be closely related to or similar to one of these impairments that requires similar treatment or services or is attributable to dyslexia resulting from such impairments;

(b) Has continued or can be expected to continue indefinitely; and

(c) Constitutes a substantial limitation to such person's ability to function normally in society.

(5) "Habilitation" is the process of developing skills and abilities.

(6) "Normalization" is the process of providing services which promote a life as much as possible like that of the rest of the community, including living in the community and access to community resources.

(7) "Rehabilitation" is the process of improving skills or level of adjustment to increase the person's ability to maintain satisfactory independent or dependent functioning.

(8) "Substantial limitation" is:

(a) A disability which results in substantial function limitation in three (3) or more of the following areas of major life activity:

(i) Self-care;

(ii) Receptive and expressive language;

(iii) Learning;

(iv) Mobility;

(v) Self-direction;

(vi) Capacity for independent living; or

(vii) Economic self-sufficiency; and

(b) Reflects the need for a combination and sequence of special, interdisciplinary, or generic care, treatment or other services which are:

(i) Lifelong or extended duration, and

(ii) Individually planned and coordinated.

History:

[39-4604, added 1978, ch. 270, sec. 1, p. 625; am. 2010, ch. 235, sec. 27, p. 565.]
Idaho Code § 39-243 — Idaho Code / Title 39 / Chapter 2 / Section 39-243
39-243 STATE REGISTRAR OF VITAL STATISTICS.
Status: in_force

39-243. State registrar of vital statistics. The director shall designate and appoint a state registrar of vital statistics who shall be qualified in accordance with the standards prescribed by law or regulations of the board. Compensation shall be fixed in the same manner as the salary of other employees of the department.

History:

[39-243, added 1949, ch. 72, sec. 3, p. 117; am. 1974, ch. 23, sec. 63, p. 633; am. 1983, ch. 7, sec. 4, p. 26.]
Idaho Code § 39-1206 — Idaho Code / Title 39 / Chapter 12 / Section 39-1206
39-1206 CHILDREN'S CAMPS.
Status: in_force

39-1206. Children's camps. A children's camp which provides child care for any one (1) child for more than nine (9) consecutive weeks in any one (1) year period shall constitute a children's treatment facility. A children's camp which also constitutes a residential school shall be governed under the provisions of this chapter as a residential school. A children's camp which provides child care for any one (1) child for less than nine (9) consecutive weeks in any one (1) year period shall be exempt from the licensure and disclosure provisions of this chapter.

History:

[39-1206, added 1990, ch. 215, sec. 7, p. 572; am. 1990, ch. 214, sec. 3, p. 566.]
Idaho Code § 39-4438 — Idaho Code / Title 39 / Chapter 44 / Section 39-4438
39-4438 DUTIES OF SITE REVIEW PANEL.
Status: in_force

39-4438. duties of site review panel. (1) The panel's primary responsibility shall be to consider the concerns and objections submitted by the public. The panel shall facilitate efforts to provide that the concerns and objections are mitigated by proposing additional conditions for licensure to the director. Such conditions may, among other objectives:

(a) Integrate the provisions of the city or county ordinances, permits, or requirements; and

(b) Include measures to mitigate public concerns for:

(i) The establishment or major modification of a hazardous waste facility; and

(ii) On-site disposal of wastes listed in section 201(d)(2) and (e) as modified by section 209 of the hazardous and solid waste amendments of 1984.

(2) Within thirty (30) days of the panel's official establishment, the panel shall conduct its first meeting where it shall:

(a) Establish a timetable for the review of an application, public participation in the process, and submission of a recommendation to the director; and

(b) Set a date for a public hearing. Notice of the hearing shall be published at least thirty (30) days before such hearing. Such notice shall be published in a newspaper of general circulation in the county and immediate vicinity of the facility or proposed facility. The notice shall include:

(i) A map indicating the location or proposed location of the hazardous waste facility;

(ii) A description of the proposed action;

(iii) Information regarding the time, place, and location of the public hearing;

(iv) Information on how to submit public comment; and

(v) The location where the complete application package may be reviewed.

(3) The panel shall accept written comment for at least thirty (30) days prior to the public hearing and shall continue to accept written comment for fifteen (15) days after the public hearing date. Oral comment shall be provided for by the panel at the public hearing.

(4) When reviewing an application, the panel shall, among other things, consider:

(a) The risk and impact of accident during the transportation of hazardous waste;

(b) The risk of fires or explosions from improper treatment, storage, or disposal methods;

(c) The impact on local units of government in terms of health, safety, and cost;

(d) Whether the application is consistent with local planning and existing development;

(e) City and county ordinances, permits, or other requirements and their potential relationship to the proposed hazardous waste facility;

(f) The nature of the probable environmental impact;

(g) What conditions, if any, would eliminate or mitigate concerns, risks, and impacts;

(h) The director's preliminary recommendation and associated conditions, if any such conditions are provided; and

(i) The public comment received.

(5) Within thirty (30) days of the end of the public comment period, the panel shall submit its recommendation to the director. The panel shall recommend that the application be approved and the license be issued or that the application and license be denied.

(a) If the panel recommends approval, it shall include recommended conditions, which may be the same as, different than, or in addition to the preliminary conditions submitted by the director. If such conditions are different or additional conditions, the panel shall provide a statement explaining the need for the condition.

(b) If the panel recommends denial, the panel shall provide a statement explaining the reasons for its recommended denial.

History:

[39-4438, added 2026, ch. 89, sec. 14, p. 474.]
Idaho Code § 39-2511 — Idaho Code / Title 39 / Chapter 25 / Section 39-2511
39-2511 DEPARTMENT AUTHORITY.
Status: in_force

39-2511. DEPARTMENT AUTHORITY. [EFFECTIVE UNTIL JUNE 30, 2029] The state department of health and welfare is authorized to take all actions necessary to implement and enforce the provisions of this chapter, including the promulgation of rules.

History:

[39-2511, added 2023, ch. 60, sec. 1, p. 221.]
Idaho Code § 39-8007 — Idaho Code / Title 39 / Chapter 80 / Section 39-8007
39-8007 POWERS AND DUTIES OF THE ADMINISTRATOR.
Status: in_force

39-8007. Powers and duties of the administrator. (1) The administrator shall enforce the provisions of this chapter in cooperation with the superintendent of public instruction and the building code advisory board.

(2) The administrator shall promulgate rules necessary to carry out the provisions of this chapter. Such rules shall be promulgated pursuant to the provisions of chapter 52, title 67, Idaho Code.

(3) The administrator shall establish a program for the timely review of public school construction plans as required by section 39-4113 (5)(f), Idaho Code.

(4) Upon request, the administrator shall provide training to school districts on the Idaho uniform school building safety code.

History:

[39-8007, added 2000, ch. 352, sec. 1, p. 1184; am. 2009, ch. 219, sec. 3, p. 684; am. 2010, ch. 166, sec. 2, p. 340; am. 2010, ch. 174, sec. 2, p. 359; am. 2026, ch. 277, sec. 2, p. 1167.]
Idaho Code § 39-1330 — Idaho Code / Title 39 / Chapter 13 / Section 39-1330
39-1330 BIENNIAL ELECTION OF BOARD MEMBERS — TERMS OF OFFICE.
Status: in_force

39-1330. Biennial election of board members — Terms of office. On the third Tuesday of May in the next odd-numbered calendar year after the organization of any district, and on the third Tuesday of May every second year thereafter, an election shall be held which shall be known as the biennial election of the district.

At the first biennial election in any district hereafter organized and each sixth year thereafter there shall be elected by the qualified electors of the district three (3) members of the board to serve for a term of six (6) years; at the second biennial election and each sixth year thereafter there shall be elected two (2) members of the board to serve for a term of six (6) years; at the third biennial election and each sixth year thereafter there shall be elected two (2) members of the board to serve for terms of six (6) years.

The county clerk shall provide for holding such elections and shall appoint judges to conduct them; the county clerk shall give notice of election by publication and shall arrange such other details in connection therewith as the board may direct. The returns of the election shall be certified to and shall be canvassed and declared by the board of county commissioners. The candidate or candidates, according to the number of trustees to be elected, receiving the most votes shall be elected. Any new member of the board shall qualify in the same manner as members of the first board qualify.

In any election for trustee, if after the deadline for filing a declaration of intent as a write-in candidate it appears that only one (1) qualified candidate has been nominated for a trustee's position, it shall not be necessary for the candidate to stand for election, and the board of trustees of the district shall declare such candidate elected as a trustee, and the secretary of the board of the district shall immediately make and deliver to such person a certificate of election.

For the purpose of achieving an orderly transition to a term of six (6) years and to hold trustee elections in odd-numbered years, the following schedule shall be followed:

(a) For trustees elected in 2005, their terms shall expire in 2011 and the terms for each of those elected in 2011 shall be six (6) years and thereafter those terms shall be for six (6) years;

(b) For trustees elected in 2006, their terms shall expire in 2013 and the terms for each of those elected in 2013 shall be six (6) years and thereafter those terms shall be for six (6) years;

(c) For trustees elected in 2007, their terms shall expire in 2013 and the terms for each of those elected in 2013 shall be six (6) years and thereafter those terms shall be for six (6) years;

(d) For trustees elected in 2008, their terms shall expire in 2015 and the terms for each of those elected in 2015 shall be six (6) years and thereafter those terms shall be for six (6) years;

(e) For trustees elected in 2009, their terms shall expire in 2015 and the terms for each of those elected in 2015 shall be six (6) years and thereafter those terms shall be for six (6) years;

(f) For trustees elected in 2010, their terms shall expire in 2017 and the terms for each of those elected in 2017 shall be six (6) years and thereafter those terms shall be for six (6) years.

History:

[39-1330, added 1965, ch. 173, sec. 13, p. 340; am. 1995, ch. 118, sec. 51, p. 469; am. 1995, ch. 154, sec. 1, p. 631; am. 2009, ch. 341, sec. 67, p. 1036; am. 2011, ch. 11, sec. 22, p. 35; am. 2021, ch. 46, sec. 4, p. 130.]
Idaho Code § 39-3128 — Idaho Code / Title 39 / Chapter 31 / Section 39-3128
39-3128 FACILITIES FOR BEHAVIORAL HEALTH CENTERS.
Status: in_force

39-3128. FACILITIES FOR BEHAVIORAL HEALTH CENTERS. The state behavioral health authority may contract for the lease of facilities appropriate for the establishment of behavioral health centers. In order to encourage the development of comprehensive and integrated health care and whenever feasible and consistent with behavioral health treatment, these facilities shall be in or near facilities within the region housing other health services.

History:

[39-3128, added 2014, ch. 43, sec. 10, p. 110.]
Idaho Code § 39-6507 — Idaho Code / Title 39 / Chapter 65 / Section 39-6507
39-6507 PENALTIES.
Status: in_force

39-6507. Penalties. Any person who knowingly stores, transports or disposes of a tire in violation of the provisions of this chapter is subject to a civil penalty of not more than five hundred dollars ($500) per violation and is subject to the provisions of the environmental protection and health act contained in section 39-108, Idaho Code. Each tire so disposed of improperly constitutes a separate violation.

History:

[39-6507, added 1991, ch. 308, sec. 1, p. 811; am. 1993, ch. 375, sec. 7, p. 1376; am. 2003, ch. 281, sec. 8, p. 764.]
Idaho Code § 39-9801 — Idaho Code / Title 39 / Chapter 98 / Section 39-9801
39-9801 DEFINITIONS.
Status: in_force

39-9801. definitions. As used in this chapter:

(1) "Assistance" means aid in meeting daily living needs.

(2) "Essential caregiver" means a patient's or resident's spouse, adult child, parent, guardian, conservator, health care agent, or surrogate decision-maker as described in section 39-4504, Idaho Code, and may also include any person or persons designated by a patient, resident, or surrogate decision-maker to visit the patient or resident at the facility. The patient, resident, or surrogate decision-maker may revoke the designation of essential caregiver at any time. A facility may not:

(a) Limit the number of essential caregivers that may be designated by a patient, resident, or surrogate decision-maker; or

(b) Define the term "essential caregiver" more narrowly than the term is defined in this section.

(3) "Facility" means an institution providing health care services, a health care setting, or a setting in which to receive assistance, including but not limited to hospitals and other licensed inpatient centers, ambulatory surgical or treatment centers, nursing facilities, skilled nursing centers, residential treatment centers, rehabilitation and other therapeutic health settings, or assisted living facilities.

(4) "Health care services" means services for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease.

(5) "Patient" means a person seeking or receiving health care services at a facility.

(6) "Resident" means a person seeking or receiving assistance at a facility.

History:

[(39-9801) 39-9701, added 2022, ch. 134, sec. 1, p. 500; am. and redesig. 2023, ch. 218, sec. 12, p. 615; am. and redesig. 2023, ch. 300, sec. 1, p. 910; am. 2024, ch. 241, sec. 1, p. 860.]
Idaho Code § 39-250 — Idaho Code / Title 39 / Chapter 2 / Section 39-250
39-250 COMPLETION AND CORRECTION OF CERTIFICATES — PROCEDURE — OTHER ALTERATIONS PROHIBITED.
Status: in_force

39-250. Completion and correction of certificates — Procedure — Other alterations prohibited. A certificate of any event shall be completed, corrected, amended or otherwise altered after being filed with the vital statistics unit only in accordance with this chapter and rules promulgated by the board.

(1) A certificate that is amended under the provisions of this section shall be marked "amended," except as otherwise provided in this section. The date of amendment and a summary description of the evidence submitted in support of the amendment shall be filed with or made a part of the record. The department shall prescribe by rule the conditions under which additions or minor corrections may be made to certificates or records within one (1) year after the date of the event without the certificate being marked "amended."

(2) Upon receipt of a notarized voluntary acknowledgment of paternity, the state registrar shall amend the certificate of birth to show such paternity if paternity is not already shown on the certificate of birth, and change the child's surname to that of the father, if both parents so request. Such certificate shall not be marked "amended."

(3) Upon receipt of both a notarized affidavit of nonpaternity signed by the husband attesting that he is not the father, and a notarized acknowledgment of paternity signed by the mother and the alleged father attesting that the alleged father is the father, the state registrar shall amend the certificate of birth to show such paternity, and change the child's name, if so requested by the mother and the alleged father. Such certificate shall not be marked "amended."

(4) Upon receipt of a certified copy of an order of a court of competent jurisdiction changing the name of a person born in this state and upon request of such person or the parent(s), guardian, or legal representative, the state registrar shall amend the certificate of birth to show the new name.

(5) When an applicant does not submit the minimum documentation required in the rules for amending a vital record in a manner otherwise permitted by rule, or when the state registrar has reasonable cause to question the validity or adequacy of the applicant's sworn statements or the documentary evidence, and if the deficiencies are not corrected, the state registrar shall not amend the vital record and shall advise the applicant of the reason for this action and shall further advise the applicant of the right to petition a court of competent jurisdiction for an order establishing the facts necessary to make the requested amendment.

(6) If an acknowledgment of paternity or affidavit of nonpaternity is rescinded pursuant to section 7-1106, Idaho Code, and the certificate of birth had been prepared or amended in accordance with the acknowledgment, the state registrar shall not release any copies of the certificate of birth except as required for a legal proceeding until a court order determining paternity has been provided to the state registrar. If the mother was married at the time of either conception or birth, or between conception and birth, the court shall also determine if the husband is the father of the child.

History:

[I.C., sec. 39-250, as replaced by 1959, ch. 104, sec. 3, p. 221; am. 1983, ch. 7, sec. 10, p. 27; am. 1998, ch. 106, sec. 2, p. 364; am. 2010, ch. 78, sec. 1, p. 129.]
Idaho Code § 39-3309 — Idaho Code / Title 39 / Chapter 33 / Section 39-3309
39-3309 NEGOTIATED SERVICE AGREEMENT.
Status: in_force

39-3309. Negotiated service agreement. (1) Each resident shall be provided a negotiated service agreement to provide for coordination of services and for guidance of the staff and management of the facility where the person resides. Upon completion, the agreement shall clearly identify the resident and describe the services to be provided to the resident and how such services are to be delivered. The negotiated service agreement shall be reviewed at least annually and upon any change in a diagnosis for the resident or other condition requiring substantially different additional or replacement services.

(2) A negotiated service agreement shall be based on the person's:

(a) Assessment;

(b) Service needs for activities of daily living;

(c) Need for limited nursing services;

(d) Need for medication assistance;

(e) Frequency of needed services;

(f) Level of assistance, i.e., standby, reminding, total;

(g) Signature and approval of agreement; and

(h) Signing date that the plan was approved.

(3) The administrator or manager shall consult the resident or the resident's family, guardian, representative, friends, or case manager, as necessary, in the development of the resident's service agreement.

(4) A copy of the agreement shall be given to the resident and a copy placed in the resident's records file no later than two (2) weeks from admission.

(5) A resident shall be given the choice and control of how and what services the facility shall provide, or external vendors shall provide, to the extent the resident can make choices, so long as the resident's choice does not violate the provisions of section 39-3307(1), Idaho Code.

(6) On an exception basis, a record shall be made of any changes or inability to provide services outlined in the negotiated service agreement.

(7) The agreement shall include a statement regarding when there is a need for external services.

(8) There shall be documentation of refusal of certain treatments by competent resident or legal health care representative.

History:

[39-3309, added 1996, ch. 207, sec. 7, p. 637; am. 2005, ch. 280, sec. 11, p. 886; am. 2025, ch. 208, sec. 7, p. 939.]
Idaho Code § 39-4003 — Idaho Code / Title 39 / Chapter 40 / Section 39-4003
39-4003 ADMINISTRATOR — DUTIES.
Status: in_force

39-4003. Administrator — Duties. The administrator shall by rule define the term "manufactured home" to be consistent with 24 CFR 3280 (housing and urban development manufactured home construction and safety standards) and may seek assistance from the factory built structures advisory board in the enforcement and administration of those standards.

History:

[39-4003, added 1971, ch. 70, sec. 4, p. 157; am. 1972, ch. 168, sec. 1, p. 417; am. 1974, ch. 39, sec. 51, p. 1023; am. 1988, ch. 264, sec. 4, p. 526; am. 1995, ch. 267, sec. 3, p. 857; am. 2006, ch. 79, sec. 4, p. 238; am. 2016, ch. 342, sec. 2, p. 968.]
Idaho Code § 39-3908 — Idaho Code / Title 39 / Chapter 39 / Section 39-3908
39-3908 HEARING.
Status: in_force

39-3908. Hearing. (1) The court shall set a hearing on the petition upon receipt of the recommendation of the evaluation committee and shall order that copies of the evaluation committee's reports and notice of the time and place of the hearing be provided the person subject to this chapter, their guardian, their counsel, their guardian ad litem, and such other persons as the court may designate.

(2) The person subject to this chapter is entitled to be present at the hearing, and to see and hear all evidence bearing on the petition. The person subject to this chapter may be absent from the hearing if he or she is unwilling or is unable to participate.

(3) A hearing shall be held in district court with the right of cross-examination preserved at all stages. The members of the evaluation committee may be subpoenaed and questioned by any party to the proceedings. Any party to the proceedings may submit additional evidence.

(4) The court must enter findings of fact and conclusions of law as well as an order either directing sterilization of the person subject to this chapter or dismissing the petition for insufficiency of evidence or any other reason.

History:

[39-3908, added 2003, ch. 189, sec. 2, p. 513.]
Idaho Code § 39-118B — Idaho Code / Title 39 / Chapter 1 / Section 39-118B
39-118B RELATIONSHIP TO FEDERAL LAW.
Status: in_force

39-118B. Relationship to federal law. The board may promulgate rules and regulations to ensure that the state of Idaho is in compliance with the provisions of the federal clean air act. To the extent that the federal clean air act sets forth or the United States environmental protection agency adopts or has adopted a specific standard, emission limitation or control technology requirement under the clean air act, a more stringent standard, emission limitation or control technology requirement promulgated by the board shall not become effective until specifically approved by statute.

History:

[39-118B, added 1993, ch. 275, sec. 1, p. 927.]
Idaho Code § 39-8805 — Idaho Code / Title 39 / Chapter 88 / Section 39-8805
39-8805 RULES GOVERNING UNDERGROUND STORAGE TANK SYSTEMS.
Status: in_force

39-8805. Rules governing underground storage tank systems. (1) Pursuant to the procedures established by the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, the department shall promulgate through negotiated rulemaking, and the board shall adopt, rules as are necessary to regulate underground storage tank systems within the state. This includes, but is not limited to, rules addressing:

(a) Inspection and certification of underground storage tanks;

(b) Operator training;

(c) Release prevention, compliance and enforcement;

(d) Delivery prohibitions; and

(e) Additional measures to protect ground water.

(2) The board of trustees shall participate in any such negotiated rulemaking through designated representatives.

(3) The rules, promulgated and adopted pursuant to this chapter, and guidance or policy provisions developed in regard to rules promulgated and adopted pursuant to this chapter, shall not be broader in scope, more stringent than, or propose to regulate an activity not regulated by federal law or regulations governing underground storage tanks except as provided by section 39-107D, Idaho Code.

(4) To the degree that any rule promulgated and adopted pursuant to this chapter, or guidance or policy developed in regard to any rule promulgated and adopted pursuant to this chapter, is based upon science, the department shall use:

(a) The best available peer reviewed science and supporting studies conducted in accordance with sound and objective scientific practices; and

(b) Data collected by accepted methods or best available methods if the reliability of the method and the nature of the decision justifies use of the data.

History:

[39-8805, added 2007, ch. 29, sec. 1, p. 58.]
Idaho Code § 39-305C — Idaho Code / Title 39 / Chapter 3 / Section 39-305C
39-305C WAIVER OF CRIMINAL HISTORY AND BACKGROUND CHECK.
Status: in_force

39-305C. waiver of criminal history and background check. (1) Anyone who receives an unconditional denial or a denial after an exemption review by the department may apply for a behavioral health waiver to provide substance use disorder treatment or recovery support services.

(2) A person seeking a waiver pursuant to subsection (1) of this section may work or have access to participants only under supervision until the waiver request is processed and approved.

History:

[39-305C, added 2025, ch. 178, sec. 6, p. 845.]
Idaho Code § 39-1319 — Idaho Code / Title 39 / Chapter 13 / Section 39-1319
39-1319 DEFINITIONS.
Status: in_force

39-1319. Definitions. A "hospital district" is one to furnish general hospital services, and together with such hospital services, nursing home services, or medical clinic services to the general public and all other such services as may be necessary for the care of the injured, maimed, sick, disabled, convalescent or long-term care patients. As used in sections 39-1318 through 39-1357, Idaho Code, "medical clinic" means a place devoted primarily to the maintenance and operation of facilities for outpatient medical, surgical and emergency care of acute and chronic conditions or injury.

The word "board" as used in this act shall mean the board of trustees of the district. A "qualified elector" of a district within the meaning of and entitled to vote under this act, is a person qualified to vote at general elections in this state, and who has been a bona fide resident of the district for at least thirty (30) days prior to any election in the district. A "taxpayer" within the meaning of and as used in this act is a person or the husband or wife of a person whose name appears on the tax rolls of the county and is there assessed with unexempted real or personal property owned and subject to taxation within the boundaries of the district.

Whenever the term "publication" is used in this act and no manner specified therefor, it shall be taken to mean once a week for three (3) consecutive weeks in at least one (1) newspaper of general circulation in the district. It shall not be necessary that publication be made on the same day of the week in each of the three (3) weeks, but not less than fourteen (14) days (excluding the first day of publication), shall intervene between the first publication and the last publication, and publication shall be complete on the day of the last publication.

History:

[39-1319, added 1965, ch. 173, sec. 2, p. 340; am. 1976, ch. 132, sec. 2, p. 497; am. 1990, ch. 354, sec. 1, p. 956; am. 1993, ch. 137, sec. 1, p. 337.]
Idaho Code § 39-6303 — Idaho Code / Title 39 / Chapter 63 / Section 39-6303
39-6303 DEFINITIONS.
Status: in_force

39-6303. Definitions. (1) "Domestic violence" means the physical injury, sexual abuse or forced imprisonment or threat thereof of a family or household member, or of a minor child by a person with whom the minor child has had or is having a dating relationship, or of an adult by a person with whom the adult has had or is having a dating relationship.

(2) "Dating relationship," for the purposes of this chapter, is defined as a social relationship of a romantic nature. Factors that the court may consider in making this determination include:

(a) The nature of the relationship;

(b) The length of time the relationship has existed;

(c) The frequency of interaction between the parties; and

(d) The time since termination of the relationship, if applicable.

(3) "Family member" means spouses, former spouses and persons related by blood, adoption or marriage.

(4) "Family dwelling" is any premises in which the petitioner resides.

(5) "Foreign protection order" means a protection order issued by a tribunal of another state.

(6) "Household member" means persons who reside or have resided together, and persons who have a child in common regardless of whether they have been married or have lived together at any time.

(7) "Judicial day" means any day upon which court business may be transacted as provided in sections 1-1606 and 1-1607, Idaho Code.

(8) "Protection order" means any order issued for the purpose of preventing violent or threatening acts or acts of harassment against, or contact or communication with, or physical proximity to, another person, where the order was issued:

(a) Pursuant to this chapter;

(b) In another jurisdiction pursuant to a provision similar to section 39-6306, Idaho Code; or

(c) In any criminal or civil action, as a temporary or final order (other than a support or child custody order), and where the order was issued in a response to a criminal complaint, petition or motion filed by or on behalf of a person seeking protection, and issued after giving notice and an opportunity to respond to the person being restrained.

(9) "Respondent" means the individual against whom enforcement of a protection order is sought.

History:

[39-6303, added 1988, ch. 341, sec. 1, p. 1014; am. 1989, ch. 136, sec. 2, p. 306; am. 1999, ch. 330, sec. 2, p. 889; am. 2000, ch. 136, sec. 1, p. 355; am. 2002, ch. 213, sec. 1, p. 587; am. 2002, ch. 331, sec. 1, p. 937; am. 2003, ch. 16, sec. 9, p. 55.]
Idaho Code § 39-4304 — Idaho Code / Title 39 / Chapter 43 / Section 39-4304
39-4304 INSIGNIA OF APPROVAL — COST — PLACEMENT.
Status: in_force

39-4304. Insignia of approval — Cost — Placement. (1) No modular building shall be installed on a building site in this state on or after July 1, 2007, unless it is approved and bears the insignia of approval of the division.

(2) Any modular building bearing an insignia of approval of the division shall be deemed to comply with codes, laws, or rules enacted by the state of Idaho which govern the manufacture and construction of such building.

(3) The cost of the insignia, if issued, shall be included as a part of the permit fee as set forth in section 39-4303, Idaho Code.

(4) No modular building which has been approved by the division shall be in any way modified prior to its initial occupancy unless approval of that modification is first made by the division.

(5) Insignias shall be placed on the front, left-hand side of the building.

History:

[39-4304, added 2007, ch. 252, sec. 5, p. 742.]
Idaho Code § 39-1318 — Idaho Code / Title 39 / Chapter 13 / Section 39-1318
39-1318 HOSPITAL BOARDS — DUTY TO ACQUIRE, CONSTRUCT, AND PROVIDE FACILITIES AND SERVICES.
Status: in_force

39-1318. Hospital boards — Duty to acquire, construct, improve, maintain, and provide facilities and services. The betterment and protection of the public health and care of the sick and afflicted are hereby declared to be the established and permanent policy of the state of Idaho. The duty is hereby imposed upon the hospital boards provided for by this act of acquiring, constructing, improving, providing, and maintaining facilities and services for the necessary care and treatment of persons requiring medical services.

History:

[39-1318, added 1965, ch. 173, sec. 1, p. 340; am. 1976, ch. 132, sec. 1, p. 497; am. 2021, ch. 46, sec. 1, p. 129.]
Idaho Code § 39-8102 — Idaho Code / Title 39 / Chapter 81 / Section 39-8102
39-8102 POLICY OF STATE.
Status: in_force

39-8102. Policy of state. The Idaho legislature declares that environmental protection and improvement of the Coeur d'Alene basin to protect human health and enhance natural resources is very important to the state. Therefore, it is the policy of the state to provide in this chapter a system for environmental remediation, natural resource restoration and related measures to address heavy metal contamination in the basin. The system provided in this chapter is intended to protect and promote the health, safety and general welfare of the people of Idaho in a manner consistent with local, state, federal and tribal participation and resources.

History:

[39-8102, added 2001, ch. 371, sec. 2, p. 1297.]
Idaho Code § 39-1328 — Idaho Code / Title 39 / Chapter 13 / Section 39-1328
39-1328 ORGANIZATION OF BOARD — SEAL — DUTIES OF TREASURER — COMPENSATION OF MEMBERS — FINANCIAL STATEMENT.
Status: in_force

39-1328. Organization of board — Seal — Duties of treasurer — Compensation of members — Financial statement. After taking oath and filing bonds, the board shall choose one (1) of its members as chairman of the board and president of the district, and shall elect a secretary and treasurer of the board and of the district who may or may not be members of the board. The secretary and treasurer may be one (1) person. Such board shall adopt a seal and the secretary shall keep in a well bound book a record of all its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and all corporate acts which shall be open to inspection by all owners of real property in the district as well as to all other interested parties.

The treasurer shall keep strict and accurate accounts of all moneys received by and disbursed for and on behalf of the district in permanent records. He shall file with the board of trustees of the district, at the expense of the district, a corporate fidelity bond in an amount to be fixed by the board of trustees, in any case not less than ten thousand dollars ($10,000), conditioned on the faithful performance of the duties of his office.

Each member of the board may receive as compensation for his services, a sum not in excess of six hundred dollars ($600) per annum, payable monthly. Such annual sum shall be fixed by the board, by resolution adopted by majority vote, at a regular monthly meeting in advance of the fiscal year in which it is to become effective. In addition, each member of the board shall receive the amount of his actual and necessary expenses incurred in the performance of his official duties as authorized by the board of trustees. No member of the board shall receive any compensation as an employee of the district or otherwise, other than that herein provided, and no member of the board shall be interested in any contract or transaction with the district except in his official representative capacity.

It shall be the duty of the board of trustees to cause an audit to be made of all financial affairs of the district during each fiscal year which audit shall be made within one hundred twenty (120) days following the end of the fiscal year. A financial statement shall be certified by the person making such audit, which shall be published in the newspaper of general circulation in the district in one (1) issue not more than thirty (30) days following the audit; such audit shall be made by registered accountant or certified public accountant, who is not otherwise employed by the district.

The court having jurisdiction of the district shall have the power to remove directors for cause shown on petition, notice and hearing.

History:

[39-1328, added 1965, ch. 173, sec. 11, p. 340; am. 1977, ch. 101, sec. 1, p. 215; am. 1981, ch. 100, sec. 1, p. 147.]
Idaho Code § 39-3632 — Idaho Code / Title 39 / Chapter 36 / Section 39-3632
39-3632 GRANTS AND LOANS FOR DESIGN, PLANNING OR CONSTRUCTION — LIMITS ON AMOUNT OF GRANTS AND LOANS.
Status: in_force

39-3632. Grants and loans for design, planning or construction — Limits on amount of grants and loans. (1) The board of environmental quality may divide financial assistance for eligible construction projects into separate grants, loans or a combination of grants and loans for the design, planning, and construction stages of project development. The making of a grant or loan for early stages of a project does not obligate the state to make a grant or loans for later stages of the same project.

(2) The board may make grants from the water pollution control fund; provided, that the projected payments for such grants would not cause the projected balance in the fund to fall below zero at any time. All grant payments shall be subject to the availability of moneys in the fund.

(3) The board may make loans from the wastewater facility loan fund, provided that the projected payments for such loans would not cause the projected balance in the fund to fall below zero at any time. All loan payments shall be subject to the availability of moneys in the fund.

History:

[(39-3632) 1981, ch. 33, sec. 1, p. 53; am. 1987, ch. 174, sec. 7, p. 347; am. 1988, ch. 270, sec. 7, p. 901; am. and redesig. 1995, ch. 352, sec. 16, p. 1188; am. 1996, ch. 345, sec. 4, p. 1156; am. 1998, ch. 16, sec. 4, p. 115; am. 2001, ch. 103, sec. 40, p. 285.]
Idaho Code § 39-7415 — Idaho Code / Title 39 / Chapter 74 / Section 39-7415
39-7415 ASSESSMENT MONITORING AND CORRECTIVE ACTION.
Status: in_force

39-7415. Assessment monitoring and corrective action. (1) These standards apply whenever a statistically significant increase over background has been detected for one (1) or more constituents listed in 40 CFR 258, appendix I or an alternative list approved in accordance with 40 CFR 258.54(a)(2).

(2) Assessment monitoring programs shall be performed in accordance with 40 CFR 258.55.

(3) Assessment of corrective measures shall be performed in accordance with 40 CFR 258.56. Pursuant to 40 CFR 258.56, the owner or operator shall discuss the results of the corrective measures assessment, prior to the selection of a remedy, in a public meeting with interested and affected persons.

(4) Selection of a remedy shall be performed in accordance with 40 CFR 258.57.

(5) Implementation of a corrective action program shall be performed in accordance with 40 CFR 258.58.

History:

[(39-7415) 39-7414, added 1992, ch. 331, sec. 1, p. 988; am. 1993, ch. 139, sec. 16, p. 362; am. 1994, ch. 75, sec. 8, p. 169; am. 2010, ch. 99, sec. 2, p. 191; am. and redesig. 2026, ch. 7, sec. 19, p. 43.]
Idaho Code § 39-5213 — Idaho Code / Title 39 / Chapter 52 / Section 39-5213
39-5213 FEE IMPOSED.
Status: in_force

39-5213. Fee imposed. (1) In addition to the fee due to the county recorder of each county of this state under the provisions of section 31-3205, Idaho Code, for the issuance of a marriage license, the recorder shall collect upon presentation of proper identification by the applicants an additional fee of fifteen dollars ($15.00) for each license issued, which additional fee shall be remitted to the state treasurer for credit to the "domestic violence project account" created in section 39-5212, Idaho Code.

(2) In addition to any other fee imposed for filing an action for divorce in the district court, there shall be collected a fee of twenty dollars ($20.00) for each divorce action, separately identified, which additional fee shall be remitted to the state treasurer for credit to the domestic violence project account created in section 39-5212, Idaho Code.

History:

[39-5213, added 1982, ch. 181, sec. 1, p. 473; am. 1990, ch. 244, sec. 1, p. 696.]
Idaho Code § 39-8617 — Idaho Code / Title 39 / Chapter 86 / Section 39-8617
39-8617 ANNUAL RENEWAL.
Status: in_force

39-8617. Annual renewal. Certificates to operate shall be renewed annually by making application to the division on such forms as the division may prescribe. Successful application shall require payment of the annual renewal fee and submission of a satisfactory routine inspection form, provided however, that on each five (5) year anniversary of issuance of the certificate, successful application shall require payment of the annual renewal fee and submission of a satisfactory periodic inspection form.

History:

[39-8617, added 2004, ch. 359, sec. 1, p. 1073.]
Idaho Code § 39-8405 — Idaho Code / Title 39 / Chapter 84 / Section 39-8405
39-8405 REPORTING OF INFORMATION — ESCROW INSTALLMENTS.
Status: in_force

39-8405. Reporting of information — Escrow installments. (1) Not later than twenty (20) calendar days after the end of each calendar quarter, and more frequently if so directed by the attorney general, each stamping agent shall submit such information as the attorney general requires to facilitate compliance with this chapter including, but not limited to, a list by brand family of the total number of cigarettes for which the stamping agent affixed stamps during the previous calendar quarter or otherwise paid the tax due for such cigarettes. The stamping agent shall maintain, and make available to the attorney general, all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and any other information relied upon in reporting to the attorney general for a period of five (5) years.

(2) The commission is authorized to disclose to the attorney general any information received under this chapter or Idaho's tobacco master settlement agreement act and requested by the attorney general for purposes of determining compliance with and enforcing the provisions of this chapter. The commission and attorney general shall share with each other the information received under this chapter or chapter 25, title 63, Idaho Code, and may share such information with other federal, state or local agencies only for purposes of enforcement of this chapter, Idaho's tobacco master settlement agreement act, or corresponding laws of other states.

(3) The attorney general may require at any time from the nonparticipating manufacturer proof, from the financial institution in which such manufacturer has established a qualified escrow fund for the purpose of compliance with Idaho's tobacco master settlement agreement act, of the amount of money in such fund, exclusive of interest, and the amount and date of each deposit to the fund, and the amount and date of each withdrawal from the fund.

(4) In addition to the information required to be submitted pursuant to this chapter, the attorney general may require a stamping agent or tobacco product manufacturer to submit any additional information including, but not limited to, samples of the packaging or labeling of each brand family, as is necessary to enable the attorney general to determine whether a tobacco product manufacturer or stamping agent is in compliance with this chapter.

(5) To promote compliance with the provisions of this chapter, the attorney general may promulgate rules requiring a tobacco product manufacturer subject to the requirements of section 39-7803(b), Idaho Code, to make the escrow deposits required in quarterly installments during the year in which the sales covered by such deposits are made. The attorney general may require production of information sufficient to enable the attorney general to determine the adequacy of the amount of the installment deposit.

History:

[39-8405, added 2003, ch. 33, sec. 2, p. 150.]
Idaho Code § 39-1347 — Idaho Code / Title 39 / Chapter 13 / Section 39-1347
39-1347 WARRANTS AND DRAFTS — PAYMENT.
Status: in_force

39-1347. Warrants and drafts — Payment. The secretary shall countersign all drafts and warrants on the district treasury, and no payment of district funds shall be made except on draft or warrant countersigned by him. He shall not countersign any such draft or warrant until he has found that payment has been legally authorized; that the money therefor has been duly appropriated and that such appropriation has not been exhausted.

Such warrants shall be drawn by, and countersigned upon the order of the president of the hospital board, or, in his absence, the other member of the board; but no drafts or warrants shall be drawn, except upon the appropriation of the board, nor in excess of the moneys actually in the district treasury; except that warrants may be issued in anticipation of the collection of taxes, but not in excess of seventy-five per cent (75%) of the amount of the levy therefor, nor shall any warrants be issued nor indebtedness incurred in anticipation of such levy.

When a warrant is presented for payment, if there is money in the treasury for the purpose, the treasurer must pay the same and write on the face thereof, "paid", the date of payment and sign his name thereto.

History:

[39-1347, added 1965, ch. 173, sec. 30, p. 340.]
Idaho Code § 39-7505 — Idaho Code / Title 39 / Chapter 75 / Section 39-7505
39-7505 RESPONSIBILITIES OF ENFORCEMENT.
Status: in_force

39-7505. Responsibilities of enforcement. The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdiction.

History:

[39-7505, added 1994, ch. 69, sec. 1, p. 147.]
Idaho Code § 39-8614 — Idaho Code / Title 39 / Chapter 86 / Section 39-8614
39-8614 ADOPTION OF CODES.
Status: in_force

39-8614. Adoption of codes. (1) The following codes, including those updates, addenda and amendments thereto hereafter adopted by the division as set forth in the duly promulgated administrative rules, are hereby adopted for all conveyances subject to this chapter as may be applicable:

(a) ANSI/ASME, A17.1 Safety Code for Elevators and Escalators.

(b) ANSI/ASME, A17.3 Safety Code for Existing Elevators and Escalators.

(c) ANSI/ASME, A17.4 Guide for Emergency Personnel.

(d) ANSI/ASME, A17.5 Elevator and Escalator Electrical Equipment.

(e) ANSI/ASME, A17.6 Standard for Elevator Suspension, Compensation, and Governor Systems.

(f) ANSI/ASME, A17.7 Performance-Based Safety Code for Elevators and Escalators.

(g) ANSI/ASME, A17.8 Standard for Wind Turbine Tower Elevators.

(h) ICC/ANSI, A117.1 Accessible and Usable Buildings and Facilities.

(i) ANSI/ASME, A18.1 Safety Standard for Platform Lifts and Chairlifts.

(j) ASME, QEI-1 Standard for the Qualification of Elevator Inspectors.

(2) Conveyances placed into operation after July 1, 2004, shall comply with those codes in effect on the date the division received the application for the permit or certificate for the conveyance.

(3) Conveyances placed into operation prior to July 1, 2004, shall be required to comply only with the Safety Code for Existing Elevators and Escalators.

History:

[39-8614, added 2004, ch. 359, sec. 1, p. 1071; am. 2007, ch. 137, sec. 2, p. 397; am. 2020, ch. 99, sec. 2, p. 259.]
Idaho Code § 39-3401 — Idaho Code / Title 39 / Chapter 34 / Section 39-3401
39-3401 SHORT TITLE.
Status: in_force

39-3401. Short title. This chapter shall be known and may be cited as the "Revised Uniform Anatomical Gift Act."

History:

[39-3401, added 2007, ch. 30, sec. 2, p. 61.]
Idaho Code § 39-7704 — Idaho Code / Title 39 / Chapter 77 / Section 39-7704
39-7704 REGISTRATION OF FREE MEDICAL CLINICS — REQUIREMENTS.
Status: in_force

39-7704. Registration of free medical clinics — requirements. (1) Before providing volunteer health care services in this state, a free medical clinic shall register with the department of health and welfare by submitting a registration fee of fifty dollars ($50.00) and filing a registration form that shall contain:

(a) The name of the free clinic and sponsoring organization, if any;

(b) The name of the principal individual or individuals who are the officers or organizational officials responsible for the operation of the free clinic or sponsoring organization, if any;

(c) The address, including street, city, zip code and county, of the free clinic;

(d) Telephone number;

(e) Such additional information as the department may require.

(2) Each free clinic shall maintain a list of health care providers associated with its provision of voluntary health care services. For each such health care provider, the free clinic shall maintain a copy of a current license, certificate or registration and shall further require each health care provider to attest in writing that such provider's license, certificate or registration is not suspended or revoked pursuant to disciplinary proceedings in any jurisdiction.

(3) The free clinic shall maintain such records for a period of at least five (5) years following the provision of health care services and shall furnish such records upon request to the department.

(4) Compliance with subsections (1) and (2) of this section shall be prima facie evidence that the free clinic has exercised due care in its selection of health care providers and shall be immune from suit for negligent acts or omissions as provided in subsection (1) of section 39-7703, Idaho Code.

(5) The department may revoke the registration of any free clinic who fails to comply with the requirements of subsections (1) through (4) of this section. Any such revocation shall be conducted in accordance with the administrative procedure act.

(6) The provisions of this section shall not apply to community health screening events.

History:

[39-7704, added 1998, ch. 295, sec. 1, p. 977; am. 2018, ch. 38, sec. 3, p. 98.]
Idaho Code § 39-8802 — Idaho Code / Title 39 / Chapter 88 / Section 39-8802
39-8802 LEGISLATIVE FINDINGS AND INTENT.
Status: in_force

39-8802. Legislative findings and intent. (1) The legislature of the state of Idaho finds:

(a) That the protection of the environment from leaking underground storage tanks is a matter of statewide concern;

(b) That subchapter IX of the solid waste disposal act (42 U.S.C. 6991, et seq. (2000)), as amended by the underground storage tank compliance act, public law 109-58, title XV, August 8, 2005, and regulations adopted pursuant thereto, establish federal law regulating underground storage tanks; and

(c) That 42 U.S.C. 6991c(a) and 40 CFR part 281 allow the administrator of the United States environmental protection agency to approve a state program.

(2) Therefore, it is the intent of the legislature:

(a) To establish a state underground storage tank program to comply with the requirements of the underground storage tank compliance act, public law 109-58, title XV, August 8, 2005, and the regulations adopted pursuant thereto, and 40 CFR part 280, so that the Idaho department of environmental quality may promulgate rules, through negotiated rulemaking, to implement a state underground storage tank program as provided in section 39-8805, Idaho Code;

(b) That such program not constitute a new corrective action program;

(c) That such program qualify the state for federal funding from the federal leaking underground storage tank trust fund;

(d) That such program may be funded as provided in section 39-119, Idaho Code, not to exceed one hundred dollars ($100) per tank per year. These funds shall only be used for the underground storage tank program;

(e) A fee balance greater than thirty-five thousand dollars ($35,000) as of December 31 of each year, excluding any early payments for the fees due January 2 of the following year, shall be used to reduce the following year's fee; and

(f) Prior to February 1 of each year, the director shall report to the governor and the legislature on the use of fees collected the previous year. At a minimum, the report shall include:

(i) A list of all tanks subject to inspection;

(ii) The type of inspection and regulatory authority or guidance used; and

(iii) A detailed accounting of how fee funds were spent.

History:

[39-8802, added 2007, ch. 29, sec. 1, p. 57; am. 2016, ch. 52, sec. 1, p. 148.]
Idaho Code § 39-1391a — Idaho Code / Title 39 / Chapter 13 / Section 39-1391a
39-1391a EMERGENCY TREATMENT NOT TO CONSTITUTE ADMISSION.
Status: in_force

39-1391a. Emergency treatment not to constitute admission. The furnishing of emergency or first aid services and care as permitted by section 39-1391 shall not in and of itself constitute admission to such hospital of the person receiving such services and care, nor shall such hospital, its employees, or any physician be subject to civil suit for abandonment or failure to provide care if, upon examination by a licensed physician and surgeon, it is determined by such physician, in the good faith exercise of his professional judgment, that the admission of any person receiving or presented for such services and care is not advisable or required.

History:

[39-1391a, added 1973, ch. 82, sec. 2, p. 130.]
Idaho Code § 39-1113 — Idaho Code / Title 39 / Chapter 11 / Section 39-1113
39-1113 DENIAL, SUSPENSION OR REVOCATION OF LICENSE.
Status: in_force

39-1113. Denial, suspension or revocation of license. (1) The department shall investigate complaints against daycare facilities. If a preliminary investigation indicates that a more complete investigation is necessary, the operator of the facility shall be informed of the investigation and any action to be taken.

(2) A license may be denied, suspended or revoked by the department if the department finds that the applicant or licensee does not comply with the provisions of this chapter.

(3) No person who pleads guilty to, has been found guilty of or received a withheld judgment for any offense involving neglect or any physical injury to or other abuse of a child, including the following offenses or a similar provision in another jurisdiction, shall be eligible for a license under the provisions of this chapter:

(a) Felony injury of a child, section 18-1501, Idaho Code.

(b) The sexual abuse of a child under sixteen years of age, section 18-1506, Idaho Code.

(c) The ritualized abuse of a child under eighteen years of age, section 18-1506A, Idaho Code.

(d) The sexual exploitation of a child, section 18-1507, Idaho Code.

(e) Sexual abuse of a child under the age of sixteen years, section 18-1506, Idaho Code.

(f) Lewd conduct with a child under the age of sixteen years, section 18-1508, Idaho Code.

(g) The sale or barter of a child for adoption or other purposes, section 18-1511, Idaho Code.

(h) Murder in any degree, section 18-4001 or 18-4003, Idaho Code.

(i) Assault with intent to murder, section 18-4015, Idaho Code.

(j) Voluntary manslaughter, section 18-4006, Idaho Code.

(k) Rape, section 18-6101, Idaho Code.

(l) Incest, section 18-6601, Idaho Code.

(m) Forcible sexual penetration by use of foreign object, section 18-6604, Idaho Code.

(n) Abuse, neglect or exploitation of a vulnerable adult, section 18-1505, Idaho Code.

(o) Aggravated, first degree, second degree and third degree arson, sections 18-801 through 18-805, Idaho Code.

(p) The infamous crime against nature, a felony offense formerly codified in chapter 66, title 18, Idaho Code, and whose conviction is entered before July 1, 2022.

(q) Kidnapping, sections 18-4501 through 18-4503, Idaho Code.

(r) Mayhem, section 18-5001, Idaho Code.

(s) Poisoning, section 18-4014 or 18-5501, Idaho Code.

(t) Robbery, section 18-6501, Idaho Code.

(u) Stalking in the first degree, section 18-7905, Idaho Code.

(v) Video voyeurism, section 18-6605, Idaho Code.

(w) Enticing of children, section 18-1509 or 18-1509A, Idaho Code.

(x) Inducing a child into commercial sexual activity, section 18-5609, Idaho Code.

(y) Inducing a child to engage in commercial sexual activity, section 18-5611, Idaho Code.

(z) Any felony punishable by death or life imprisonment.

(aa) Attempt, section 18-306, Idaho Code, conspiracy, section 18-1701, Idaho Code, or accessory after the fact, section 18-205, Idaho Code, to commit any of the crimes designated in this subsection.

(bb) Domestic violence, section 18-918(2), Idaho Code.

(cc) Any offense requiring registration on a state sex offender registry or the national sex offender registry.

(dd) A felony drug-related offense committed during the preceding five (5) years.

(ee) Sexual abuse of an animal, section 18-6602, Idaho Code.

(ff) Sexual abuse of human remains, section 18-6603, Idaho Code.

(4) No person who has pleaded guilty to, been found guilty of or received a withheld judgment for any offense involving neglect or any physical injury to or other abuse of a child, including the following offenses or a similar provision in another jurisdiction, shall be eligible for a license for a period of five (5) years under the provisions of this chapter:

(a) Aggravated assault, section 18-905, Idaho Code.

(b) Aggravated battery, section 18-907(1), Idaho Code.

(c) Burglary, section 18-1401, Idaho Code.

(d) Felony theft, sections 18-2403 and 18-2407(1), Idaho Code.

(e) Forgery of a financial transaction card, section 18-3123, Idaho Code.

(f) Fraudulent use of a financial transaction card or number, section 18-3124, Idaho Code.

(g) Forgery or counterfeiting, chapter 36, title 18, Idaho Code.

(h) Misappropriation of personal identifying information, section 18-3126, Idaho Code.

(i) Insurance fraud, section 41-293, Idaho Code.

(j) Damage to or destruction of insured property, section 41-294, Idaho Code.

(k) Public assistance fraud, section 56-227, Idaho Code.

(l) Provider fraud, section 56-227A, Idaho Code.

(m) Attempted strangulation, section 18-923, Idaho Code.

(n) Attempt, section 18-306, Idaho Code, conspiracy, section 18-1701, Idaho Code, or accessory after the fact, section 18-205, Idaho Code, to commit any of the crimes designated in this subsection.

(o) Misdemeanor injury to a child, section 18-1501(2), Idaho Code.

(5) A daycare facility license may be denied, suspended or revoked by the department if the department finds that the daycare facility is not in compliance with the standards provided for in this chapter or criminal activity that threatens the health or safety of a child.

(6) A daycare facility license or privilege to operate a family daycare home shall be denied or revoked if a registered sex offender resides on the premises where daycare services are provided.

(7) When circumstances occur over which an operator has no control, a license may be suspended until the nonconformity is remedied. If a license is summarily suspended, children at the facility shall not be transported from the facility, but the parents or legal guardians of the children shall be contacted.

(8) A license may be suspended for violations of this chapter. Such suspension may lead to revocation if the operator fails to demonstrate to the department's satisfaction that the violations have been corrected.

(9) The denial, suspension, or revocation of a license may occur if the owner or operator: fails to furnish records required by the department; has been found guilty of or is under investigation for fraud associated with the operation of the daycare facility or any felony; has knowingly permitted, aided, or abetted the commission of any illegal act on the premises of the daycare facility; endangers health or safety; has repeated law violations; misrepresents or omits information; refuses to allow access to the facility or documentation; or engages in abusive conduct.

(10) The denial, suspension, or revocation of a license under this chapter may be appealed through the administrative appeals process governed by the provisions of chapter 52, title 67, Idaho Code, with the opportunity for further review by the district court of the county in which the affected daycare facility is located.

(11) The department shall not accept an application from any person, corporation, or partnership, including any managing employee, officer, owner, or spouse or partner of an owner of an entity, that has had a license denied or revoked until five (5) years has elapsed from the final date of the disciplinary action.

History:

[39-1113, added 1987, ch. 56, sec. 1, p. 96; am. 1990, ch. 271, sec. 1, p. 765; am. 1992, ch. 90, sec. 3, p. 280; am. 2009, ch. 295, sec. 13, p. 880; am. 2012, ch. 269, sec. 8, p. 762; am. 2016, ch. 296, sec. 16, p. 846; am. 2020, ch. 291, sec. 4, p. 842; am. 2022, ch. 124, sec. 26, p. 461; am. 2024, ch. 147, sec. 51, p. 587; am. 2025, ch. 186, sec. 6, p. 870.]
Idaho Code § 39-1224 — Idaho Code / Title 39 / Chapter 12 / Section 39-1224
39-1224 TITLE OF ACT.
Status: in_force

39-1224. Title of act. This act shall be known and cited as the "Child Care Licensing Reform Act," and the caption for chapter 12, title 39, Idaho Code, shall so designate.

History:

[39-1224, added 1963, ch. 320, sec. 18, p. 901; am. 1987, ch. 56, sec. 4, p. 92; am. 1990, ch. 215, sec. 24, p. 579.]
Idaho Code § 39-8205 — Idaho Code / Title 39 / Chapter 82 / Section 39-8205
39-8205 SHELTER CARE HEARING — INVESTIGATION — ADJUDICATORY HEARING — TERMINATION OF PARENT-CHILD RELATIONSHIP.
Status: in_force

39-8205. Shelter care hearing — Investigation — Adjudicatory hearing — Termination of parent-child relationship. (1) A shelter care hearing shall be held pursuant to section 16-1615, Idaho Code, and the department shall file a petition for adjudicatory hearing to vest legal custody in the department pursuant to section 16-1621, Idaho Code, at or prior to the time set for shelter care hearing.

(2) A child protective investigation or criminal investigation shall not be initiated based on a claim of abandonment unless a claim of parental rights is made and the court orders the investigation.

(3) During the initial thirty (30) day period from the time the child was delivered to a safe haven or to a safe haven through a newborn safety device by a custodial parent, the department shall request assistance from law enforcement officials to investigate through the missing children information clearinghouse and other state and national resources to ensure that the child is not a missing child.

(4) An adjudicatory hearing shall be conducted pursuant to the provisions of section 16-1619, Idaho Code, and section 16-1621, Idaho Code.

(5) As soon as practicable following the initial thirty (30) day period from the time the child was delivered to a safe haven by a custodial parent, the department shall petition to terminate the parental rights of the parent who abandoned the child at the safe haven and any unknown parent pursuant to section 16-1624, Idaho Code, and in accordance with chapter 20, title 16, Idaho Code.

History:

[(39-8205) 39-8105, added 2001, ch. 357, sec. 1, p. 1254; am. and redesig. 2005, ch. 25, sec. 72, p. 108; am. and redesig. 2005, ch. 391, sec. 56, p. 1312; am. 2024, ch. 115, sec. 3, p. 496.]
Idaho Code § 39-8610 — Idaho Code / Title 39 / Chapter 86 / Section 39-8610
39-8610 TEMPORARY CERTIFICATE TO OPERATE.
Status: in_force

39-8610. Temporary certificate to operate. A temporary certificate to operate may be issued by the administrator. No temporary certificate shall be issued when life-safety nonconformances are present. Before the expiration of the temporary certificate, the conveyance shall be reinspected and a five (5) year certificate to operate shall be issued or the conveyance shall be put out of service.

History:

[39-8610, added 2004, ch. 359, sec. 1, p. 1070; am. 2011, ch. 24, sec. 1, p. 65.]
Idaho Code § 39-3634 — Idaho Code / Title 39 / Chapter 36 / Section 39-3634
39-3634 COTTAGE SITE DEFINED.
Status: in_force

39-3634. Cottage site defined. "Cottage site" is defined as a state owned lot containing one (1) acre or less which is or may be leased by the state of Idaho primarily for recreational or homesite use by a lessee.

History:

[(39-3634) 1970, ch. 191, sec. 1, p. 555; am. and redesig. 1995, ch. 352, sec. 18, p. 1189.]
Idaho Code § 39-5904 — Idaho Code / Title 39 / Chapter 59 / Section 39-5904
39-5904 JOINT HEALTH CARE ACCESS AND PHYSICIAN INCENTIVE GRANT REVIEW BOARD.
Status: in_force

39-5904. joint Health care access and physician incentive grant review board. (1) The director shall appoint the members of a board to be known as the joint health care access and physician incentive grant review board, who shall serve at the pleasure of the director. Board members shall not be compensated, but shall be reimbursed for travel expenses incurred for attendance at board meetings.

(2) The board shall meet at least annually, for the purposes described in this chapter.

(3) The board shall be composed of the following: a representative from the Idaho academy of family physicians, a representative from the nurse practitioner conference group, a rural hospital administrator, a representative from the physician assistant association, a representative from the office of rural health, division of public health, a faculty member from one (1) of the Idaho family medicine residency programs, an Idaho medical association representative, an Idaho hospital association representative, an Idaho primary care association representative, an Idaho area health education center representative, a medical student program administrator representative from each state supported program, and an Idaho association of counties representative.

(4) Appointments to the board shall be for three (3) years. Board members may be reappointed at the end of each three (3) year period. Initial appointments shall be staggered in such a manner that approximately one-third (1/3) are appointed for one (1) year, one-third (1/3) are appointed for two (2) years, and one-third (1/3) are appointed for three (3) years.

(5) A majority of the board members constitutes a quorum for the transaction of business. A majority vote is required by the quorum in finalizing decisions.

History:

[39-5904, added 2000, ch. 262, sec. 2, p. 736; am. 2007, ch. 199, sec. 3, p. 609; am. 2012, ch. 44, sec. 6, p. 134.]
Idaho Code § 39-7504 — Idaho Code / Title 39 / Chapter 75 / Section 39-7504
39-7504 FINANCIAL RESPONSIBILITY OF PARENTS OF ESTATE.
Status: in_force

39-7504. Financial responsibility of parents of estate. The compact administrator shall take appropriate action pursuant to existing law to effect the recovery from relevant parents of estate, at the option of said administrator, of any and all costs expended by the state, or any of its subdivisions, with respect to Idaho children handled under said compact.

History:

[39-7504, added 1994, ch. 69, sec. 1, p. 146; am. 2012, ch. 257, sec. 11, p. 717.]
Idaho Code § 39-126 — Idaho Code / Title 39 / Chapter 1 / Section 39-126
39-126 DUTIES OF STATE AND LOCAL UNITS OF GOVERNMENT.
Status: in_force

39-126. Duties of state and local units of government. (1) All state agencies shall incorporate the adopted ground water quality protection plan in the administration of their programs and shall have such additional authority to promulgate rules to protect ground water quality as necessary to administer such programs which shall be in conformity with the ground water quality protection plan. Cities, counties and other political subdivisions of the state shall incorporate the ground water quality protection plan in their programs and are also authorized and encouraged to implement ground water quality protection policies within their respective jurisdictions, provided that the implementation is consistent with and not preempted by the laws of the state, the ground water quality protection plan and any rules promulgated thereunder. All state agencies, cities, counties and other political subdivisions shall cooperate with the department of environmental quality, the department of agriculture and the department of water resources in disseminating public information and education materials concerning the use and protection of ground water quality, in collecting ground water quality management data, and in conducting research on technologies to prevent or remedy contamination of ground water.

(2) Notwithstanding any other provision of law to the contrary, except as provided in subsection (3) of this section, whenever a state agency, city, county or other political subdivision of the state issues a permit or license which deals with the environment, the entity issuing the permit or license shall take into account the effect the permitted or licensed activity will have on the ground water quality of the state and it may attach conditions to the permit or license in order to mitigate potential or actual adverse effects from the permitted or licensed activity on the ground water quality of the state. Nothing contained in this section shall authorize a state agency, city, county or other political subdivision of the state to issue or require a permit or license which it is not otherwise allowed by law to issue or require.

(3) Except as otherwise provided by the ground water quality protection plan, if a permit or license which deals with the environment is required to be obtained from a state agency and that agency considers the effect of the permitted or licensed activity on ground water quality, after notice to other units of government which may otherwise have regulatory authority over the activity which is the subject of the permit or license, a city, county or other political subdivision of the state shall not prohibit, limit or otherwise condition the rights of the permittee or licensee under the permit or license on account of the effect the permitted or licensed activity may have on ground water quality.

Nothing contained in this section shall be deemed to permit cities, counties or other political subdivisions of the state to regulate ground water quality with respect to any activity for which another statute or other statutes may have expressly or impliedly preempted such local ground water quality regulation.

History:

[39-126, added 1989, ch. 421, sec. 2, p. 1032; am. 2000, ch. 132, sec. 31, p. 340.]
Idaho Code § 39-252 — Idaho Code / Title 39 / Chapter 2 / Section 39-252
39-252 FEE FOR COPIES, SEARCHES AND OTHER SERVICES — DEATH CERTIFICATES.
Status: in_force

39-252. Fee for copies, searches and other services — Death certificates. (1) The state registrar shall be entitled to receive a fee of thirteen dollars ($13.00) for the making of certified copies of records or for a search of the files when no copies are made, provided that the national agency in charge of vital statistics may obtain copies or certifications of data from records without payment of fees, provided that the state incurs no expense in connection therewith. The fee shall be reviewed by the board of health and welfare, and future changes in the fee and enactment of fees for other services shall be established by rules adopted by the board.

(2) For each certified copy of a death certificate there shall be charged an additional fee of one dollar ($1.00) to be deposited in the state treasurer's local government investment pool, a fund hereby created for the Idaho state association of county coroners. Such moneys shall be used for the training of newly elected coroners and for the continuing education of county coroners and their deputies, pursuant to section 31-2810, Idaho Code.

History:

[(39-252) 39-253, added 1949, ch. 72, sec. 13, p. 117; am. 1970, ch. 2, sec. 1, p. 4; am. 1981, ch. 200, sec. 1, p. 353; am. & redesig. 1983, ch. 7, sec. 12, p. 29; am. 2010, ch. 355, sec. 1, p. 932; am. 2025, ch. 96, sec. 10, p. 515.]
Idaho Code § 39-4304A — Idaho Code / Title 39 / Chapter 43 / Section 39-4304A
39-4304A APPOINTMENT AND QUALIFICATIONS OF MODULAR BUILDING INSPECTORS.
Status: in_force

39-4304A. appointment and qualifications of modular building inspectors. The administrator may appoint such number of modular building inspectors as is necessary for the effective enforcement of this chapter. Each modular building inspector shall:

(1) Be knowledgeable regarding the type of installation being inspected;

(2) Be certified as an inspector by an organization designated in administrative rule promulgated by the board. Each inspection certification shall correspond to the type of installation being inspected;

(3) Demonstrate knowledge of the provisions of the Idaho Code and the administrative rule governing the type of installation being inspected; and

(4) Not be permitted to:

(a) Be engaged or be financially interested in any business, trade, practice or work related to this chapter;

(b) Sell any supplies connected to the electrical, plumbing or heating, ventilation and air conditioning (HVAC) business; or

(c) Act as an agent, directly or indirectly, for any person, firm, copartnership, association or corporation engaged in the electrical, plumbing or HVAC business.

History:

[39-4304A, added 2009, ch. 127, sec. 1, p. 407.]
Idaho Code § 39-9407 — Idaho Code / Title 39 / Chapter 94 / Section 39-9407
39-9407 PROHIBITIONS.
Status: in_force

39-9407. prohibitions. (1) A licensing board or disciplinary body of this state shall not revoke, fail to renew, suspend or take any action against a health care provider's license based solely on the provider's recommendations to an eligible patient regarding access to or treatment with an investigational drug, biological product or device as allowed under this act.

(2) An entity responsible for medicare certification shall not take action against a health care provider's medicare certification based solely on the health care provider's recommendation that a patient have access to an investigational drug, biological product or device as allowed under this act.

(3) An official, employee or agent of this state shall not block or attempt to block an eligible patient's access to an investigational drug, biological product or device as allowed under this act.

History:

[(39-9407) 39-9307, added 2016, ch. 168, sec. 1, p. 468; am. and redesig. 2017, ch. 58, sec. 19, p. 116.]
Idaho Code § 39-3331 — Idaho Code / Title 39 / Chapter 33 / Section 39-3331
39-3331 POWERS AND DUTIES OF THE ADVISORY COUNCIL.
Status: in_force

39-3331. Powers and duties of the advisory council. The residential care or assisted living advisory council shall have the following powers and duties:

(1) To make policy recommendations regarding the coordination of licensing and enforcement standards in residential care or assisted living facilities and the provision of services to residents of residential care or assisted living facilities.

(2) To advise the agency during development and revision of rules.

(3) To review and comment upon any proposed rules pertaining to residential care or assisted living.

(4) To submit an annual report to the legislature stating opinions and recommendations which would further the state's capability in addressing residential care or assisted living facility issues.

History:

[39-3331, added 1990, ch. 116, sec. 2, p. 253; am. 1992, ch. 66, sec. 2, p. 201; am. 2000, ch. 274, sec. 30, p. 822; am. 2005, ch. 280, sec. 22, p. 895; am. 2011, ch. 123, sec. 2, p. 347.]
Idaho Code § 39-7114A — Idaho Code / Title 39 / Chapter 71 / Section 39-7114A
39-7114A CIVIL AIR PATROL.
Status: in_force

39-7114A. civil air patrol. (1) There is hereby established within the military division the Idaho directorate of civil air patrol. The mission of the directorate shall be to provide support for and facilitate the operation of the Idaho wing of civil air patrol, which shall be under the command and control of the duly appointed commanding officer of such wing.

(2) In consideration for services rendered to the state of Idaho and its citizens by the Idaho wing of civil air patrol, the military division shall provide in-kind services or direct financial support to the Idaho wing of civil air patrol, in the form of land use, hangar facilities, mess and billeting facilities, office space, travel, and participation fees for attendance at educational and training opportunities sponsored by civil air patrol, and other entities when deemed necessary and when such facilities are available. The military division shall administer any moneys that may be appropriated from time to time for the benefit of the Idaho wing of civil air patrol, by promptly transferring said moneys to the Idaho wing of civil air patrol, by a grant or similar means in an amount not less than the moneys appropriated. The military division may specify such reporting requirements as it deems appropriate, and the Idaho wing of civil air patrol shall make available to the military division its financial records accounting for usage of any appropriated moneys.

(3) Any operational or training missions assigned to the Idaho wing of civil air patrol by the Idaho office of emergency management and accepted for execution by the Idaho wing of civil air patrol shall be governed by a separate memorandum of understanding that shall be executed from time to time between the Idaho office of emergency management and civil air patrol. Any reimbursement to the Idaho wing of civil air patrol of mission expenses specified by that memorandum of understanding shall be in addition to any appropriated moneys described in this section and shall be paid from moneys otherwise available to the Idaho office of emergency management.

History:

[39-7114A, added 2012, ch. 313, sec. 1, p. 862; am. 2016, ch. 118, sec. 5, p. 334; am. 2022, ch. 154, sec. 1, p. 537.]
Idaho Code § 39-1225 — Idaho Code / Title 39 / Chapter 12 / Section 39-1225
39-1225 YOUTH BILL OF RIGHTS IN LICENSED CHILDREN'S RESIDENTIAL FACILITIES.
Status: in_force

39-1225. YOUTH BILL OF RIGHTS IN LICENSED CHILDREN'S RESIDENTIAL FACILITIES. (1) The department shall develop, publish, and periodically update a youth bill of rights that applies to all children residing in facilities licensed by the department pursuant to this chapter and department rules. The youth bill of rights shall include, at a minimum, rights related to:

(a) Physical and emotional safety;

(b) Access to medical and behavioral health care;

(c) Communication and visitation with family, legal representatives, and advocates;

(d) Privacy and confidentiality;

(e) Participation in educational and recreational activities;

(f) Freedom from abuse, neglect, and unreasonable restraints;

(g) Fair grievance and complaint processes without retaliation; and

(h) Reporting of concerns or violations to the department.

(2) The youth bill of rights shall clearly be explained, in plain language appropriate for the child's age and abilities, how to contact the child abuse reporting hotline, including the phone number, website, and mailing address.

(3) Each licensed children's residential facility shall:

(a) Post the youth bill of rights in a prominent, public area of the facility accessible to children and visitors;

(b) Distribute a copy of the youth bill of rights to each child and the child's parent or legal guardian at the time of admission and upon request thereafter;

(c) Interpret and explain the youth bill of rights to the child and family in age-appropriate and culturally and linguistically appropriate formats, including provision of interpretation services for limited-English-proficient and disabled persons as necessary;

(d) Document that the youth bill of rights has been provided and explained, including the date, the recipients' names, and the name of the staff member who conducted the explanation;

(e) Ensure that children are provided with access to private and unmonitored communication with the child abuse reporting hotline upon request;

(f) Document compliance with mandated requirements; and

(g) Adopt processes and procedures for children to confidentially contact the child abuse reporting hotline and for staff to assist children in doing so when requested.

(4) The department shall develop enforcement mechanisms and penalties for noncompliance with this section, including consideration as a licensing violation.

(5) No child or family member may be retaliated against for invoking or attempting to exercise any right provided in the youth bill of rights or for contacting the child abuse reporting hotline. Retaliation shall constitute a licensing violation subject to corrective action and potential sanctions determined by the department.

History:

[39-1225, added 2026, ch. 139, sec. 4, p. 660.]
Idaho Code § 39-4514 — Idaho Code / Title 39 / Chapter 45 / Section 39-4514
39-4514 GENERAL PROVISIONS.
Status: in_force

39-4514. General provisions. (1) Application. Except as specifically provided in this section, sections 39-4510 through 39-4512B, Idaho Code, shall have no effect or be in any manner construed to apply to persons not executing an advance care planning document or other health care directive pursuant to this chapter nor shall these sections in any manner affect the rights of any such persons or of others acting for or on behalf of such persons to give or refuse to give consent or withhold consent for any health care services; neither shall sections 39-4510 through 39-4512B, Idaho Code, be construed to affect chapter 3 or chapter 4, title 66, Idaho Code, in any manner.

(2) Euthanasia, mercy killing, or assisted suicide. This chapter does not make legal, and in no way condones, euthanasia, mercy killing, or assisted suicide or permit an affirmative or deliberate act or omission to end life, including any act or omission described in section 18-4017, Idaho Code, other than to allow the natural process of dying.

(3) Withdrawal of care. Assisted feeding or artificial nutrition and hydration may not be withdrawn or denied if its provision is directed by a competent patient in accordance with section 39-4503, Idaho Code, by a patient's advance care planning document under section 39-4510, Idaho Code, or by a patient's surrogate decision-maker in accordance with section 39-4504, Idaho Code. Health care services necessary to sustain life or to provide appropriate comfort for a patient other than assisted feeding or artificial nutrition and hydration may not be withdrawn or denied if its provision is directed by a competent patient in accordance with section 39-4503, Idaho Code, by a patient's advance care planning document under section 39-4510, Idaho Code, or by a patient's surrogate decision-maker in accordance with section 39-4504, Idaho Code, unless such care would be nonbeneficial medical treatment. Except as specifically provided in chapters 3 and 4, title 66, Idaho Code, health care services, assisted feeding, or artificial nutrition and hydration, the denial of which is directed by a competent patient in accordance with section 39-4503, Idaho Code, by a patient's advance care planning document under section 39-4510, Idaho Code, or by a patient's surrogate decision-maker in accordance with section 39-4504, Idaho Code, shall be withdrawn and denied in accordance with a valid advance care planning document.

(4) Comfort care. Persons caring for a person for whom artificial life-sustaining treatment or artificially administered nutrition and hydration are withheld or withdrawn shall provide comfort care as defined in section 39-4502, Idaho Code.

(5) Presumed consent to resuscitation. There is a presumption in favor of consent to cardiopulmonary resuscitation (CPR) unless:

(a) CPR is contrary to the person's advance care planning document;

(b) The person's surrogate decision-maker has communicated the person's unconditional wishes not to receive CPR;

(c) The person's surrogate decision-maker has communicated the person's conditional wishes not to receive CPR and those conditions have been met;

(d) The person has a proper POST identification device pursuant to section 39-4502, Idaho Code; or

(e) The licensed independent practitioner has executed a DNR order.

(6) Nonbeneficial medical treatment. Nothing in this chapter shall be construed to require nonbeneficial medical treatment; provided that this subsection does not authorize any violation of subsection (3) of this section.

(7) Existing advance care planning documents. Any advance care planning document that contained the elements set forth in this chapter at the time of execution shall be deemed to be in compliance with this chapter. This section shall be liberally construed to give the effect to any authentic expression of the person's prior wishes or directives concerning health care services.

(8) Insurance.

(a) The making of an advance care planning document or a DNR order pursuant to this chapter shall not restrict, inhibit, or impair in any manner the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall be legally impaired or invalidated in any manner by the withholding or withdrawal of artificial life-sustaining treatment from an insured person, notwithstanding any term of the policy to the contrary.

(b) No licensed independent practitioner, health care facility, or other health care provider and no health care service plan, insurer issuing disability insurance, self-insured employee plan, welfare benefit plan, or nonprofit hospital service plan shall require any person to execute an advance care planning document or a DNR order as a condition for being insured for, or receiving, health care services.

(9) Portability and copies.

(a) A POST form that meets the requirements of section 39-4512A, Idaho Code, shall be transferred with the person to, and be effective in, all care settings including but not limited to home care, ambulance or other transport, hospital, residential care facility, and hospice care. The POST form shall remain in effect until such time as there is a valid revocation or suspension pursuant to section 39-4511A, Idaho Code, or new orders are issued by a licensed independent practitioner.

(b) A photostatic, facsimile, or electronic copy of a valid POST form may be treated as an original by a licensed independent practitioner or other health care provider.

(10) Registration. An advance care planning document or the revocation or replacement of an advance care planning document meeting the requirements of this chapter may be registered with the department of health and welfare pursuant to section 39-4515, Idaho Code. Failure to register the advance care planning document shall not affect the validity of the advance care planning document.

(11) Rulemaking authority. The department of health and welfare shall adopt those rules and protocols necessary to administer the provisions of this chapter.

History:

[39-4514, added 2005, ch. 120, sec. 2, p. 389; am. 2007, ch. 196, sec. 17, p. 592; am. 2012, ch. 302, sec. 14, p. 836; am. 2012, ch. 305, sec. 3, p. 845; am. 2013, ch. 151, sec. 1, p. 349; am. 2013, ch. 187, sec. 5, p. 450; am. 2017, ch. 273, sec. 4, p. 714; am. 2020, ch. 297, sec. 2, p. 858; am. 2023, ch. 307, sec. 19, p. 932.]
Idaho Code § 39-7406 — Idaho Code / Title 39 / Chapter 74 / Section 39-7406
39-7406 RESPECTIVE ROLES OF COUNTY AND DIRECTOR — LIBERAL CONSTRUCTION.
Status: in_force

39-7406. Respective roles of county and director — Liberal construction. (1) The county and director each perform key roles in statewide solid waste management. Principal jurisdiction for the various functions of solid waste regulation and management as it pertains to site selection, development, operation, and closure shall be carried out as outlined herein:

(a) Each county may select a solid waste landfill site or sites, evaluate said site(s) for compliance with site certification criteria, develop design plans for construction and operation of MSWLF unit(s), including ground water monitoring programs, provide for public review of its site certification, facility design and operations plans through any public comment period conducted pursuant to this chapter, publish legal notices, serve as the repository of funds established for financial assurance, cooperate with the director to construct and operate a solid waste disposal system which protects human health and the environment, and perform such other solid waste related duties as may be specified in chapter 44, title 31, Idaho Code;

(b) The director shall :

(i) Interact and cooperate with federal agencies to secure approved state status concerning solid waste programs;

(ii) Administer the site selection process by requiring an owner to certify, through such professional documentation as may be required in this chapter, that the site is not encumbered by critical site limitations as set forth in section 39-7407, Idaho Code, ascertaining that such certification has been made by a qualified professional;

(iii) Review and approve MSWLF unit design plans, the ground water monitoring program, alternative daily cover and final cover, alternative closure and post-closure care requirements, financial assurance, and any other approvals required by this chapter or 40 CFR 258;

(iv) Prepare and adopt such regulations as may be necessary to implement the provisions of this chapter;

(v) Cooperate in actual site monitoring and corrective action programs;

(vi) Ensure operations standards are met;

(vii) Prepare and adopt technical guidance; and

(viii) Review and enforce all aspects of operation, closure, and post-closure.

(c) All approvals required by 40 CFR 258 shall be obtained by the owner and/or applicant; and all provisions of 40 CFR 258 which provide for flexibility may be obtained by the owner and/or applicant; and the director shall have the authority to grant all such approvals in accordance with the provisions of this chapter, the duty to make a determination that an application meets standards or provides an acceptable alternative, and the duty to approve or disapprove the application in a timely manner prescribed in this chapter.

(2) This chapter shall be liberally construed to allow these public entities having jurisdiction to perform their respective roles to protect human health and the environment through expeditious and technically proper solid waste management practices, while recognizing the authority of local governments to act in their governmental capacity to perform the duties prescribed in chapter 44, title 31, Idaho Code.

History:

[39-7406, added 1992, ch. 331, sec. 1, p. 979; am. 1993, ch. 139, sec. 6, p. 351; am. 1994, ch. 75, sec. 5, p. 166; am. 2026, ch. 7, sec. 7, p. 34.]
Idaho Code § 39-1343 — Idaho Code / Title 39 / Chapter 13 / Section 39-1343
39-1343 OFFICIALS AND SURETIES LIABLE ON BOND.
Status: in_force

39-1343. Officials and sureties liable on bond. All county officers entrusted with the assessment, collection, paying over or custody of taxes of any hospital district within the county, and their sureties, shall be liable upon their official bonds for the faithful performance of their duties in the assessment, collection and safe keeping of such hospital district taxes.

History:

[39-1343, added 1965, ch. 173, sec. 26, p. 340.]
Idaho Code § 39-6310 — Idaho Code / Title 39 / Chapter 63 / Section 39-6310
39-6310 ORDER AND SERVICE.
Status: in_force

39-6310. Order and service. (1) An order issued under this chapter along with a copy of the petition for a protection order, if the respondent has not previously received the petition, shall be personally served upon the respondent, except as provided in subsections (6), (7) and (8) of this section.

(2) A peace officer of the jurisdiction in which the respondent resides shall serve the respondent personally unless the petitioner elects to have the respondent served by a private party at the petitioner's own expense.

(3) If service by a peace officer is to be used, the clerk of the court shall have a copy of any order issued under this chapter and a copy of the petition for a protection order, if the respondent has not previously received the petition, forwarded on or before the next judicial day to the appropriate law enforcement agency specified in the order for service upon the respondent. Service of an order issued under this chapter shall take precedence over the service of other documents unless they are of a similar emergency nature.

(4) If the peace officer cannot complete service upon the respondent within ten (10) days, the sheriff or municipal peace officer shall notify the petitioner. The petitioner shall provide information sufficient to permit notification.

(5) Returns of service under this chapter shall be made in accordance with the applicable court rules.

(6) If an order entered by the court recites that the respondent appeared in person before the court and receives a copy of the order, the necessity for further service is waived and proof of service of that order is not necessary.

(7) If a party has appeared in person before the court and has waived personal service, the clerk of the court shall complete service of any notice of hearing or orders or modifications by certified mail to the party's address as shown on the court petition which resulted in the issuance of the order or modification. Parties shall at all times keep the court informed of their current mailing address.

(8) If a foreign protection order is registered with the court under section 39-6306A, Idaho Code, the necessity for further service is waived and proof of service of that order is not necessary.

History:

[39-6310, added 1988, ch. 341, sec. 1, p. 1017; am. 1996, ch. 236, sec. 1, p. 766; am. 1997, ch. 69, sec. 1, p. 145; am. 1999, ch. 330, sec. 5, p. 890; am. 2000, ch. 72, sec. 1, p. 154; am. 2002, ch. 213, sec. 5, p. 591.]
Idaho Code § 39-6102 — Idaho Code / Title 39 / Chapter 61 / Section 39-6102
39-6102 PURPOSE.
Status: in_force

39-6102. Purpose. Under this chapter, rural and underserved communities in Idaho would be able to apply for the placement of a foreign trained physician after demonstrating that they are unable to recruit an American physician and all other recruitment/placement possibilities have proven to be inaccessible.

(1) The "Idaho Conrad J-1 Visa Waiver Program" authorizes the Idaho department of health and welfare to recommend up to thirty (30) foreign trained physicians per federal fiscal year to locate in communities that are federally designated as having a health workforce shortage. Recommendations may be for pediatrics, internal medicine, family medicine, obstetrics, gynecology, psychiatry, general surgery, or physician specialists. Applications for specialists must demonstrate a need for the type of specialty held by the petitioning physician. Final approval of J-1 visa waiver requests are made by the United States bureau of citizenship and immigration services.

(2) Provided health care organizations located in federally designated shortage areas do not utilize the full annual allocation of J-1 visa waivers, the department may accept waiver applications six (6) months after the beginning of each federal fiscal year for petitioning J-1 visa waiver physicians to work in areas without a federal shortage area designation. The practice and petitioning physician must serve patients who reside in federally designated areas of underservice.

(3) The "National Interest Waiver Program" allows the Idaho department of health and welfare to testify that it is in the public's interest that a waiver be granted to a foreign trained physician who commits to locating in a community that is federally determined as having a health workforce shortage. Final approval of the national interest waiver request is made by the United States bureau of citizenship and immigration services.

History:

[39-6102, added 2004, ch. 128, sec. 1, p. 437; am. 2009, ch. 106, sec. 3, p. 326; am. 2017, ch. 72, sec. 1, p. 171; am. 2023, ch. 31, sec. 1, p. 150.]
Idaho Code § 39-1325C — Idaho Code / Title 39 / Chapter 13 / Section 39-1325C
39-1325C EFFECT OF DISSOLUTION.
Status: in_force

39-1325C. Effect of dissolution. (1) A dissolved hospital district continues its existence under the supervision of the board or boards of county commissioners of the county or counties in which the district is located, but may not carry on any business except that appropriate to wind up and liquidate its business and affairs, including the power to levy property taxes pursuant to the provisions of this chapter.

(2) The disposition of such property shall be governed by the provisions of section 63-4105, Idaho Code.

(3) Upon completion of winding up and liquidating the district's business and affairs, the commissioners shall enter a final order terminating the district and shall notify in writing the social security administrator at the Idaho state controller's office within ninety (90) days of the dissolution.

History:

[39-1325C, added 2004, ch. 263, sec. 2, p. 743.]
Idaho Code § 39-6701 — Idaho Code / Title 39 / Chapter 67 / Section 39-6701
39-6701 LEGISLATIVE STATEMENT OF FINDINGS AND INTENT.
Status: in_force

39-6701. Legislative statement of findings and intent. (1) The legislature finds that the air quality in certain regions of the state is threatened with deterioration. This deterioration may endanger the breathability, economic potential, public health, natural beauty, recreational use and livability in various regions of the state. It is the intent of the legislature in establishing this chapter to preserve and protect the air quality of the entire state.

(2) The legislature declares that it is necessary to embark upon a program of air quality protection for future generations of Idahoans. This chapter allows for the creation of regional air quality councils as necessary to protect, preserve and, where necessary, improve the quality of air in a specified geographical area while accommodating private, public and commercial activities. The plan developed by an air quality council as set forth in this chapter shall require a working partnership of state and local agencies of government as well as the private sector.

History:

[39-6701, added 2005, ch. 206, sec. 1, p. 616; am. 2022, ch. 110, sec. 3, p. 365.]
Idaho Code § 39-5301 — Idaho Code / Title 39 / Chapter 53 / Section 39-5301
39-5301 SHORT TITLE.
Status: in_force

39-5301. Short title. This chapter shall be known and may be cited as the "Adult Abuse, Neglect and Exploitation Act."

History:

[(39-5301) 1982, ch. 286, sec. 2, p. 734; am. and redesignated 1991, ch. 329, sec. 2, p. 847.]
Idaho Code § 39-2804 — Idaho Code / Title 39 / Chapter 28 / Section 39-2804
39-2804 POWERS AND DUTIES OF ABATEMENT DISTRICTS.
Status: in_force

39-2804. Powers and duties of abatement districts. The abatement district board of trustees is authorized:

(1) To appoint a director to direct the activities of the district, in accordance with training and experience necessary to fulfill the duties of the position.

(2) To appoint such other persons as necessary, determine their duties and compensation, and make rules and regulations respecting them.

(3) To take all necessary and proper steps for the control of mosquitoes and other vermin of public health and welfare importance in the district and for these purposes shall have the right to enter upon any and all lands.

(4) To sue and be sued.

(5) To contract to purchase, hold, dispose of, and acquire by gift real and personal property in the name of the district. To exercise the right of eminent domain and for these purposes to condemn any necessary land or rights-of-way in accordance with general law.

(6) To abate as nuisance breeding places of mosquitoes or other vermin of public health and welfare importance within the district or within migrating distance of the district by use of chemicals or permanent control measures and in this connection have the right to enter upon any and all lands.

(7) To work with the lateral ditch water users associations, irrigation, drainage and flood control districts and other cooperating organizations. The board of trustees of the abatement district may supplement funds of cooperating organizations for improvement, repair, maintenance and cleaning of ditches which will temporarily or permanently eliminate mosquito breeding or for other activities which will benefit the district.

(8) To file annually with the board of county commissioners for their approval an estimate of funds required for the next year, a plan of the work to be done, and methods to be employed. No procedure, work or contract for any year of operation shall be done or entered upon until plans and budget have been jointly approved by the board of county commissioners.

(9) To file, annually or by February 1 of the succeeding year, with the board of county commissioners a report setting forth the moneys expended during the previous year, methods employed, and work accomplishments.

(10) To approve a written mosquito or other vermin management plan submitted by a landowner requesting that their property be excluded from treatment by the abatement district. Such plan must be specific to the landowner's property, provide adequate control measures, and be implemented by the landowner. The abatement district shall refrain from treatment of property included in the approved plan, but shall maintain monitoring and surveillance activities. If the landowner fails to follow the plan or does not provide adequate control measures, the abatement district may abate the mosquitoes or other vermin.

(11) To cooperate with other entities. At its discretion, a district may cooperate with and enter into annual agreements or contract with governmental agencies of this state, other states, agencies of the federal government, private associations, and private individuals in order to carry out the purposes and provisions of this chapter.

History:

[39-2804, added 1959, ch. 81, sec. 4, p. 186; am. 1974, ch. 23, sec. 142, p. 633; am. 1993, ch. 199, sec. 1, p. 548; am. 2007, ch. 188, sec. 5, p. 549.]
Idaho Code § 39-8404 — Idaho Code / Title 39 / Chapter 84 / Section 39-8404
39-8404 AGENT FOR SERVICE OF PROCESS.
Status: in_force

39-8404. Agent for service of process. (1) Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in this state as a foreign corporation or business entity shall, as a condition precedent to having its brand families listed or retained in the directory, appoint and continually engage without interruption the services of an agent in this state to act as agent for the service of process on whom all process, and any action or proceeding against it concerning or arising out of the enforcement of this chapter and Idaho's tobacco master settlement agreement act, may be served in any manner authorized by law. Such service shall constitute legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, phone number and proof of the appointment and availability of such agent to, and to the satisfaction of, the attorney general.

(2) The nonparticipating manufacturer shall provide notice to the attorney general thirty (30) calendar days prior to termination of the authority of an agent and shall further provide proof to the satisfaction of the attorney general of the appointment of a new agent no less than five (5) calendar days prior to the termination of an existing agent appointment. In the event an agent terminates an agency appointment, the nonparticipating manufacturer shall notify the attorney general of said termination within five (5) calendar days and shall include proof to the satisfaction of the attorney general of the appointment of a new agent.

(3) Any nonparticipating manufacturer whose products are sold in this state, without appointing or designating an agent as herein required, shall be deemed to have appointed the secretary of state as such agent and may be proceeded against in courts of this state by service of process upon the secretary of state; however, the appointment of the secretary of state as such agent shall not satisfy the condition precedent to having its brand families listed or retained in the directory.

History:

[39-8404, added 2003, ch. 33, sec. 2, p. 149.]
Idaho Code § 39-3504 — Idaho Code / Title 39 / Chapter 35 / Section 39-3504
39-3504 PHYSICAL AND ENVIRONMENTAL STANDARDS.
Status: in_force

39-3504. Physical and environmental standards. (1) Standards shall be developed through the regulatory process by the department to ensure a safe, sanitary and comfortable environment for residents of certified family homes.

(2) Any structure used for a certified family home shall be in a building suitable for residential use and is subject to department approval.

(a) The home shall be structurally sound and maintained to ensure safe occupancy.

(b) Single- or double-occupancy sleeping rooms shall be provided in the home for the residents' personal space.

(c) The home shall contain common living areas for the residents' enjoyment, including space and furnishings for socializing and dining.

(d) The home shall contain at least one (1) bathroom accessible to residents that is equipped with a flush toilet, a tub or shower, and a sink with a mirror. Toilet and shower or bathing facilities shall be separated from common living areas in the home by solid walls or partitions.

(e) The home shall contain at least one (1) kitchen accessible to residents that is equipped with a sink, oven, refrigerator, and counterspace.

(f) All plumbing in the home shall be maintained in good working order. Tubs, showers, and sinks shall be connected to hot and cold water and have adequate water pressure.

(g) The home shall have adequate storage space such that sundry items do not encroach on living areas or walkways and do not present a fire or life safety hazard.

(h) Temperatures in the home shall be maintained at levels promulgated in rule.

(i) Sufficient lighting shall be available in any room accessible to residents.

(3) The care provider shall take precautions to prevent disease by maintaining sanitary conditions in the home.

(a) The water supply used by the household shall be adequate, clean, and safe.

(b) Garbage and refuse shall be collected and regularly removed from the property.

(c) Sufficient housekeeping, including regular laundry service, shall be provided to maintain the home in a clean, safe, and orderly manner.

(d) The care provider shall ensure proper food handling, preparation, and storage standards are observed for meals offered to residents in the home.

(e) The home shall be well-ventilated.

(f) Pest control shall be implemented when necessary.

(4) The care provider shall take fire and life safety precautions, including equipping and maintaining the home to ensure the safety of residents.

(a) Egress from the home and ingress into the home shall not be obstructed. Clear pathways shall be maintained to and from points of egress and ingress.

(b) Potential hazards, including but not limited to tripping, burn, fire, explosion, poison, and drowning hazards or any other natural or man-made hazard, shall be removed or adequately mitigated as necessary for the safety of residents.

(c) The care provider shall develop and implement a written emergency preparedness plan, including the practice of regular emergency drills.

History:

[(39-3504) 39-3578, added 1994, ch. 284, sec. 1, p. 890; am. 2000, ch. 274, sec. 116, p. 854; am. and redesig. 2005, ch. 280, sec. 55, p. 911; am. 2024, ch. 63, sec. 7, p. 315.]
Idaho Code § 39-6702 — Idaho Code / Title 39 / Chapter 67 / Section 39-6702
39-6702 AIR QUALITY REVIEW.
Status: in_force

39-6702. AIR QUALITY REVIEW. (1) The department of environmental quality shall annually review and determine whether the three (3) year design value equal to or above eighty-five percent (85%) of a national ambient air quality standard, as defined by the United States environmental protection agency, is met in certain regions of the state.

(2) If the three (3) year design value is equal to or above eighty-five percent (85%) of a national ambient air quality standard, the department of environmental quality shall evaluate potential further air quality deterioration and determine whether to make a recommendation to the legislature that a regional air quality advisory committee should be formed and devoted to evaluating air pollution reduction actions.

History:

[39-6702, added 2022, ch. 110, sec. 5, p. 365.]
Idaho Code § 39-6705 — Idaho Code / Title 39 / Chapter 67 / Section 39-6705
39-6705 DEFINITIONS.
Status: in_force

39-6705. Definitions. Whenever used in this chapter:

(1) "Air pollution" means air pollution as defined in section 39-103, Idaho Code.

(2) "Air quality plan" means the comprehensive air quality management plan for a specified regional area as developed and modified by a regional air quality council.

(3) "Citizens committee" means the committee consisting of members of the public created pursuant to section 39-6704, Idaho Code, by an air quality council established under the provisions of this chapter.

(4) "Council" means a regional air quality council established pursuant to this chapter.

(5) "Local governing agency" means a county or city government agency.

(6) "Specified regional area" means a county or counties, or a defined geographical area, where air quality is threatened.

(7) "Study" means the comprehensive, scientifically based study of air quality in a specified regional area.

(8) "Three (3) year design value" or "design value" means the statistic that describes the air quality status of a given location relative to the level of the national ambient air quality standards. A three (3) year design value is the statistic calculated using three (3) years of ambient air quality data.

History:

[39-6705, added 2005, ch. 206, sec. 1, p. 617; am. 2022, ch. 110, sec. 8, p. 366.]
Idaho Code § 39-5006 — Idaho Code / Title 39 / Chapter 50 / Section 39-5006
39-5006 GRANTS AND GIFTS.
Status: in_force

39-5006. Grants and gifts. The director of the center may, with approval of the administrator, apply for and accept any funds, grants, gifts or services made available by any agency or department of the federal government or any private agency or individual, which funds shall be used to carry out the total program of the centers.

History:

[(39-5006) 39-4906, added 1980, ch. 333, sec. 1, p. 861; am. and redesig. 2005, ch. 25, sec. 64, p. 106.]
Idaho Code § 39-3401A — Idaho Code / Title 39 / Chapter 34 / Section 39-3401A
39-3401A STORAGE AND TRANSPORT OF HUMAN BODIES OR BODY PARTS — DUTIES OF STATE DEPARTMENT OF HEALTH AND WELFARE — ENFORCEMENT AND PENALTIES.
Status: in_force

39-3401A. Storage and transport of human bodies or body parts — Duties of state department of health and welfare — Enforcement and penalties. (1) In addition to any other duties and responsibilities, the director of the department of health and welfare shall register facilities for the storage and/or transport of human bodies or human body parts which are intended for research or for educational purposes. The director shall require such facilities to certify that the human body, part or parts to be supplied did not come from a person who has tested positive for acquired immunodeficiency syndrome (AIDS), AIDS related complexes (ARC), or other manifestations of human immunodeficiency virus (HIV) infection, and that the test was negative for the presence of HIV antibodies or antigens, hepatitis or other communicable diseases as that term is defined in departmental administrative rule.

(2) All facilities referred to in this section shall provide to the department, on a form provided by the department, the following: a place of business, legal mailing address, and a description of the nature of the facility, including the mechanism or manner of acquisition, storage and transport of human bodies or human body parts.

(3) The board of health and welfare shall promulgate rules implementing the provisions of this section.

(4) The director may initiate a civil enforcement action through the attorney general as provided in this subsection. Civil enforcement actions shall be commenced and prosecuted in the district court in and for the county in which the alleged violation occurred, and may be brought against any person who is alleged to have violated any provision of this section or any rule or order that has become effective pursuant to this section. Such action may be brought to compel compliance with any provision of this section or with any rule or order promulgated hereunder. The director shall not be required to initiate or prosecute an administrative action before initiating a civil enforcement action.

(5) Any person determined in a civil enforcement action to have violated any provision of this section or any rule or order promulgated pursuant to this section shall be liable for a civil penalty not to exceed one thousand dollars ($1,000) per violation. The method of recovery of said penalty shall be by a civil enforcement action in the district court in and for the county where the violation occurred. All civil penalties collected under this section shall be paid into the general fund of the state.

History:

[39-3401A, added 2008, ch. 256, sec. 1, p. 748.]
Idaho Code § 39-5713 — Idaho Code / Title 39 / Chapter 57 / Section 39-5713
39-5713 LOCAL ORDINANCES PROHIBITED.
Status: in_force

39-5713. Local ordinances PROHIBITED. No local unit of government may adopt or enforce requirements for the regulation, marketing, or sale of tobacco products or electronic smoking devices that are more restrictive than or in addition to this chapter. No local unit of government may impose or enforce a tax or fee on tobacco products or electronic smoking devices. This section shall not be construed to prevent a local unit of government from regulating the use of tobacco products or electronic smoking devices in any public place pursuant to section 39-5511, Idaho Code, or in any other public outdoor area. Nothing in this section shall preclude or preempt any local, county, or municipal government from exercising its lawful authority to regulate zoning or land use.

History:

[39-5713, added 1998, ch. 418, sec. 2, p. 1321; am. 2012, ch. 39, sec. 7, p. 121; am. 2022, ch. 191, sec. 1, p. 627.]
Idaho Code § 39-4501 — Idaho Code / Title 39 / Chapter 45 / Section 39-4501
39-4501 PURPOSES — APPLICATION.
Status: in_force

39-4501. Purposes — Application. (1) The primary purposes of this chapter are:

(a) To provide and codify Idaho law concerning consent for the furnishing of hospital, medical, dental, surgical, and other health care services and concerning what constitutes an informed consent for such health care services; and

(b) To provide certainty and clarity in the law of medical consent in the furtherance of high standards of health care services and their ready availability in proper cases.

(2) Nothing in this chapter shall be deemed to amend or repeal the provisions of chapter 3 or chapter 4, title 66, Idaho Code, as those provisions pertain to hospitalization or commitment of people with mental illness or developmental disability or the powers of guardians of developmentally disabled persons, nor the provisions of chapter 6, title 18, Idaho Code, pertaining to the provision of examinations, prescriptions, devices, and informational materials regarding prevention of pregnancy or pertaining to therapeutic abortions and consent to the performance thereof.

(3) Nothing in this chapter shall be construed to permit or require the provision of health care services for a patient in contravention of the patient's stated or implied objection thereto upon religious grounds nor shall anything in this chapter be construed to require the granting of permission for or on behalf of any patient who is not able to act for himself by his parent, spouse, or guardian in violation of the religious beliefs of the patient or the patient's parent or spouse.

History:

[39-4501, added 2005, ch. 120, sec. 2, p. 380; am. 2006, ch. 214, sec. 1, p. 645; am. 2007, ch. 196, sec. 1, p. 579; am. 2012, ch. 302, sec. 1, p. 825; am. 2023, ch. 307, sec. 1, p. 922.]
Idaho Code § 39-1222 — Idaho Code / Title 39 / Chapter 12 / Section 39-1222
39-1222 ACTION AGAINST UNLICENSED FOSTER HOME, CHILDREN'S AGENCY, CHILDREN'S THERAPEUTIC OUTDOOR PROGRAM OR CHILDREN'S RESIDENTIAL CARE FACILITY.
Status: in_force

39-1222. Action against unlicensed foster home, children's agency, children's therapeutic outdoor program or children's residential care facility. Notwithstanding the existence or pursuit of any other remedy, the department shall, upon showing good cause to the prosecuting attorney who shall represent the department in the proceeding, maintain an action in the name of the state for injunction or other process against a person as defined herein who shall hereafter operate or maintain any foster home, children's agency, children's therapeutic outdoor program or children's residential care facility without first having secured a license pursuant to the provisions of this chapter. Upon a finding that the safety of children at a foster home, children's agency, children's therapeutic outdoor program or children's residential care facility is endangered, the department has the authority to immediately revoke a license.

History:

[39-1222, added 1963, ch. 320, sec. 15, p. 901; am. 1990, ch. 215, sec. 23, p. 578; am. 2001, ch. 93, sec. 16, p. 242; am. 2002, ch. 219, sec. 12, p. 604.]
Idaho Code § 39-8009 — Idaho Code / Title 39 / Chapter 80 / Section 39-8009
39-8009 INJUNCTION.
Status: in_force

39-8009. Injunction. Upon failure of the district superintendent, principal, board of trustees, or other person in charge to comply with the requirements stated in any notice or order relating to an imminent safety hazard or serious safety hazard, the administrator may maintain an action in the name of the state of Idaho to enjoin the district superintendent, principal, board of trustees or other person in charge from acting in violation of such notice or order or from doing any action that interferes with the administrator carrying out his statutory duties. Such action shall be brought in the district court in which said acts are claimed to have been committed by filing a verified complaint setting forth said act. The court, if satisfied from such complaint or affidavits that the act complained of has been or is being committed and will persist, may issue a temporary writ without notice or bond enjoining the defendant from the commission of such act pending final disposition of the cause. The cause shall proceed as in other causes for injunction. If, at the trial, the commission of said act by the defendant be established and the court further finds it probable that the defendant will continue in such act or similar acts, the court shall enter a decree enjoining said defendant from committing said or similar acts.

History:

[39-8009, added 2000, ch. 352, sec. 1, p. 1185; am. 2002, ch. 158, sec. 4, p. 463.]
Idaho Code § 39-4602 — Idaho Code / Title 39 / Chapter 46 / Section 39-4602
39-4602 PURPOSE.
Status: in_force

39-4602. Purpose. It is declared to be the policy of the legislature of the state of Idaho to authorize and mandate the department of health and welfare to develop and coordinate services for developmentally disabled persons through adult and child development programs and through contracts with rehabilitation facilities. The complexities of developmental disabilities require the services of many state departments as well as those of the community. It is the intent of this chapter that the department of health and welfare will cooperate with recognized agencies, organizations and departments in implementing this chapter. Services should be planned and provided as a part of a continuum. A pattern of facilities, services and eligibility should be established which is sufficiently complete to meet the needs of each developmentally disabled person regardless of age or degree of disability, with consideration of the family.

History:

[39-4602, added 1978, ch. 270, sec. 1, p. 624; am. 2010, ch. 235, sec. 26, p. 564.]
Idaho Code § 39-5303 — Idaho Code / Title 39 / Chapter 53 / Section 39-5303
39-5303 DUTY TO REPORT CASES OF VULNERABLE ADULT MALTREATMENT.
Status: in_force

39-5303. Duty to report cases of vulnerable adult maltreatment. (1) Licensed medical professionals, emergency services personnel, facility employees, skilled nursing facility employees, employees of an entity responsible for providing care to a vulnerable adult, medical examiners, social workers, or law enforcement personnel who have reasonable cause to believe that a vulnerable adult is being or has been maltreated shall report such information to the commission's designated APS provider as expeditiously as possible but within twenty-four (24) hours of acquiring the information that forms the basis of such reasonable cause. When there is reasonable cause to believe that maltreatment has resulted in death or serious physical injury jeopardizing the life, health, or safety of a vulnerable adult, any person required to report under this section shall also report such information as expeditiously as possible to the appropriate law enforcement agency but within four (4) hours of acquiring the information that forms the basis of such reasonable cause. Ombudsmen recognized by the commission are exempt from reporting maltreatment that is discovered in the course of their duties.

(2) Failure to report as provided under this section is a misdemeanor subject to punishment as provided in section 18-113, Idaho Code.

(3) Any person, including any officer or employee of a financial institution, who has reasonable cause to believe that a vulnerable adult is being abused, neglected, or exploited may report such information to the commission or its providers.

History:

[(39-5303) 1982, ch. 286, sec. 2, p. 734; am. and redesig. 1990, ch. 213, sec. 46, p. 518; am. 1991, ch. 329, sec. 4, p. 849; am. 1996, ch. 78, sec. 2, p. 248; am. 1998, ch. 308, sec. 4, p. 1021; am. 1998, ch. 396, sec. 1, p. 1240; am. 2000, ch. 274, sec. 119, p. 856; am. 2018, ch. 56, sec. 1, p. 141; am. 2019, ch. 43, sec. 3, p. 117; am. 2023, ch. 158, sec. 3, p. 429.]
Idaho Code § 39-3620 — Idaho Code / Title 39 / Chapter 36 / Section 39-3620
39-3620 APPROVAL PROVISIONS FOR BEST MANAGEMENT PRACTICES FOR NEW NONPOINT SOURCE ACTIVITIES ON OR AFFECTING OUTSTANDING RESOURCE WATERS.
Status: in_force

39-3620. Approval provisions for best management practices for new nonpoint source activities on or affecting outstanding resource waters. No person may conduct a new nonpoint source activity on or affecting an outstanding resource water, except for a short-term or temporary activity as set forth in section 39-3602, Idaho Code, prior to approval by the designated agency as provided in this section.

(1) Within six (6) months of designation of an outstanding resource water by the legislature, the designated agency shall develop best management practices for reasonably foreseeable new nonpoint source activities. In developing best management practices the designated agencies shall:

(a) Solicit technical advice from state and federal agencies, research institutions, and universities and consult with affected landowners, land managers, operators, and the public;

(b) Shall assure that all public participation processes required by law have been completed, but if no public participation process is required by law, will require public notification and the opportunity to comment; and

(c) Recommend proposed best management practices to the board of environmental quality.

(2) The board of environmental quality and designated agencies shall adopt the proposed best management practices that are in compliance with the rules and regulations governing water quality standards, and based on the recommendations of the designated agency and the comments received during the public participation process;

(3) After adoption, these best management practices will be known as the outstanding resource water best management practices and will be published by the designated agency. Outstanding resource water approved best management practices will be reviewed and revised where needed by the designated agency every four (4) years in consultation with the department, landowners, federal managers, operators and the public to determine conformance with objectives of this chapter;

(4) Following adoption of best management practices, the designated agency shall require implementation of applicable outstanding resource water best management practices which will assure that water quality of an outstanding resource water is not lowered;

(5) Where outstanding resource water best management practices have not been adopted as set forth in subsections (1) through (4) of this section, the designated agency shall:

(a) Assure that all public participation processes required by law have been completed, but if no public participation process is required by law, the designated agency shall provide for public notification of the new activity and the opportunity to comment;

(b) Determine that the site-specific best management practices selected for a new nonpoint source activity are designed to ensure that water quality of the outstanding resource water is not lowered; and

(c) Provide for review by the department that the activity is in compliance with rules and regulations governing water quality standards.

(6) When the applicable outstanding resource water best management practices are applied, the landowner, land manager, or operator applying those practices will be in compliance with the provisions of this chapter. In the event water quality is lowered, the outstanding resource water best management practices will be revised within a time frame established by the designated agency to ensure water quality is restored.

History:

[39-3620, added 1995, ch. 352, sec. 1, p. 1176; am. 1997, ch. 279, sec. 9, p. 835; am. 2001, ch. 103, sec. 34, p. 279.]
Idaho Code § 39-107D — Idaho Code / Title 39 / Chapter 1 / Section 39-107D
39-107D RULES OF DEPARTMENT OR BOARD.
Status: in_force

39-107D. Rules of department or board. (1) The legislature directs that any rule formulated and recommended by the department to the board which is broader in scope or more stringent than federal law or regulations, or proposes to regulate an activity not regulated by the federal government, is subject to the following additional requirements: the notice of proposed rulemaking and rulemaking record requirements under chapter 52, title 67, Idaho Code, must clearly specify that the proposed rule, or portions of the proposed rule, are broader in scope or more stringent than federal law or regulations, or regulate an activity not regulated by the federal government, and delineate which portions of the proposed rule are broader in scope or more stringent than federal law or regulations, or regulate an activity not regulated by the federal government.

(2) To the degree that a department action is based on science, in proposing any rule or portions of any rule subject to this section, the department shall utilize:

(a) The best available peer reviewed science and supporting studies conducted in accordance with sound and objective scientific practices; and

(b) Data collected by accepted methods or best available methods if the reliability of the method and the nature of the decision justify use of the data.

(3) Any proposed rule subject to this section which proposes a standard necessary to protect human health and the environment shall also include in the rulemaking record requirements under chapter 52, title 67, Idaho Code, the following additional information:

(a) Identification of each population or receptor addressed by an estimate of public health effects or environmental effects; and

(b) Identification of the expected risk or central estimate of risk for the specific population or receptor; and

(c) Identification of each appropriate upper bound or lower bound estimate of risk; and

(d) Identification of each significant uncertainty identified in the process of the assessment of public health effects or environmental effects and any studies that would assist in resolving the uncertainty; and

(e) Identification of studies known to the department that support, are directly relevant to, or fail to support any estimate of public health effects or environmental effects and the methodology used to reconcile inconsistencies in the data.

(4) The department shall also include a summary of the information required by subsection (3) of this section in the notice of rulemaking required by chapter 52, title 67, Idaho Code.

(5) Any rule promulgated or adopted by the board which is broader in scope or more stringent than federal law or regulations, or which regulates an activity not regulated by the federal government, submitted to the standing committee of the legislature pursuant to section 67-5291, Idaho Code, shall include a notice by the board identifying the portions of the adopted rule that are broader in scope or more stringent than federal law or rules, or which regulate an activity not regulated by the federal government.

(6) Nothing provided herein is intended to alter the scope or effect of sections 39-105(3)(g), 39-118B, 39-3601, 39-4404, 39-7210 and 39-7404, Idaho Code, or any other provision of state law which limits or prohibits agency action or rulemaking that is broader in scope or more stringent than federal law or regulations.

History:

[39-107D, added 2002, ch. 144, sec. 1, p. 405; am. 2003, ch. 259, sec. 1, p. 682; am. 2007, ch. 83, sec. 3, p. 225; am. 2025, ch. 47, sec. 9, p. 230; am. 2026, ch. 7, sec. 35, p. 57.]
Idaho Code § 39-1212 — Idaho Code / Title 39 / Chapter 12 / Section 39-1212
39-1212 FOSTER CHILD SAFETY.
Status: in_force

39-1212. Foster child safety. (1) All children placed in foster care shall have the following safety-related rights:

(a) The right to reside in a safe and healthy environment;

(b) The freedom from physical, sexual, emotional, or other abuse. This includes the freedom to be placed away from other children, siblings, or individuals known to pose a credible threat of physical or sexual abuse to the foster child, either because of the foster child's own risk factors or those of the other children, siblings, or individuals;

(c) The right to timely and appropriate medical assessments and forensic testing when a child discloses sexual abuse to a mandatory reporter, consistent with applicable Idaho law and mandatory reporting requirements;

(d) The right to adequate and appropriate basic essentials, including food, shelter, clothing, and personal necessities;

(e) The right to limit, restrict, suspend, or deny visitation by court order because visitation would be contrary to the safety and well-being of the child. Substantiated safety concerns shall be considered by the court to limit, restrict, suspend, or deny visitation. The court may consider any relevant factors, including:

(i) Safety and risk assessments;

(ii) Placement and supervision decisions;

(iii) Protective plans;

(iv) Medical, behavioral health, and developmental evaluations; and

(v) Reunification plans and case plans; and

(f) The right to reasonable consideration of the child's safety during transitions between foster care placements when practicable and consistent with the safety of the child. Nothing in this paragraph shall be construed to delay an emergency placement or supersede a court order or immediate safety determination. In evaluating safety, the court may consider factors relevant to the child's circumstances, including age, developmental needs, emotional or behavioral health, prior trauma, and the reasons for the placement change.

(2) The department shall develop a written notice of, at a minimum, the rights enumerated in this section. The department shall provide each child with such written notice at the time of initial placement in foster care, at each placement change, and at least annually. Foster homes licensed by the department shall post the notice in a place where children have access. Failure to provide or post such notice shall not, by itself, create a cause of action or constitute a violation of law.

(3) The rights in this section are a broad expression of the rights of children in foster care, are not exhaustive, and shall be interpreted and applied consistent with the best interests of the child.

(4) Nothing in this section shall be construed to expand the authority of the state or the department beyond that which is otherwise provided by law or be construed to create a private cause of action or a cause of action against the state, the judiciary, the department, or any employee, agent, or contractor thereof. Implementation of this section shall occur through existing court proceedings and department processes and shall not require new enforcement mechanisms, agencies, reporting structures, or appropriations.

(5) Alleged violations of the rights enumerated in this section may be raised within the child's ongoing juvenile proceeding pursuant to chapter 16, title 16, Idaho Code, by the child's attorney, guardian ad litem, court-appointed special advocate, the department, or another party to the proceeding already granted standing under existing Idaho law or by a foster parent through any of the aforementioned. Reports or information submitted by a mandatory reporter pursuant to Idaho law may be brought to the attention of the court through any such party and considered by the court in determining whether a violation of these rights has occurred. Upon such notice, the court shall consider the allegation and may, within its discretion, order appropriate remedies within the juvenile proceeding to promote the safety and welfare of the child. Nothing in this subsection shall be construed to require the initiation of a separate action or to expand the jurisdiction of the court beyond existing law. Relief under this subsection shall be limited to corrective orders within the juvenile proceeding pursuant to chapter 16, title 16, Idaho Code.

(6) The department shall make reasonable efforts to ensure that all reports received pursuant to mandatory reporting laws related to a child subject to a juvenile proceeding pursuant to chapter 16, title 16, Idaho Code, are documented and made available for consideration by the court within that proceeding in a manner consistent with existing confidentiality, evidentiary, and due process requirements.

(7) Nothing in this section shall be construed to limit the ability of a child, the child's representative, a foster parent, or a party to the juvenile proceeding pursuant to chapter 16, title 16, Idaho Code, to contact the health and social services ombudsman regarding concerns related to the implementation of this section. Any review or recommendation by the health and social services ombudsman shall be advisory in nature and shall not create a cause of action or alter the authority of the court or the department.

History:

[39-1212, added 2026, ch. 132, sec. 2, p. 628.]
Idaho Code § 39-9404 — Idaho Code / Title 39 / Chapter 94 / Section 39-9404
39-9404 INVESTIGATIONAL DRUGS — RIGHT TO TRY AND PROVIDE.
Status: in_force

39-9404. investigational drugs — right to try and provide. (1) An eligible patient may request, and a manufacturer may make available to an eligible patient under the supervision of the patient's treating physician, the manufacturer's investigational drug, biological product or device, which drug, product or device shall be clearly labeled as investigational; provided however, that this chapter does not require that a manufacturer make available an investigational drug, biological product or device to an eligible patient.

(2) A manufacturer may:

(a) Provide an investigational drug, biological product or device to an eligible patient without receiving compensation; or

(b) Require an eligible patient to pay the costs associated with the manufacture of the investigational drug, biological product or device.

History:

[(39-9404) 39-9304, added 2016, ch. 168, sec. 1, p. 467; am. and redesig. 2017, ch. 58, sec. 19, p. 115.]
Idaho Code § 39-8616 — Idaho Code / Title 39 / Chapter 86 / Section 39-8616
39-8616 FEES.
Status: in_force

39-8616. Fees. The division shall have authority to charge certain fees in accordance with the fee schedule established by the division, which schedule shall not exceed the amounts set forth as follows and which amounts may be reduced by the division as set forth in duly promulgated administrative rules:

(1) Installation, alteration, modernization or relocation fee schedule. Fees include one (1) plan review and certificate to operate, and two (2) acceptance inspections (each inspection thereafter will incur a reinspection fee):

(a) Certification fee:

(i) Traction and roped hydraulic elevator

(ii) Moving walk/escalator

(iii) Hydraulic elevator

(iv) Platform lift/material lift/dumbwaiter

(b) Reinspection fee:

(i) Traction and roped hydraulic elevator

(ii) Moving walk/escalator

(iii) Hydraulic elevator

(iv) Platform lift/material lift/dumbwaiter

(2) Annual certificate to operate fee schedule. Fees include annual certificate to operate and periodic inspection (every five (5) years), and one (1) reinspection as may be necessary (each inspection thereafter will incur a reinspection fee):

(a) Certification fee:

(i) Traction and roped hydraulic elevator

(ii) Moving walk/escalator

(iii) Hydraulic elevator

(iv) Platform lift/material lift/dumbwaiter

(b) Reinspection fee:

(i) Traction and roped hydraulic elevator

(ii) Moving walk/escalator

(iii) Hydraulic elevator

(iv) Platform lift/material lift/dumbwaiter

(3) Temporary certificate to operate fee schedule (same as annual) and one (1) reinspection fee as may be necessary (each inspection thereafter will incur a reinspection fee):

(a) Temporary certification fee:

(i) Traction and roped hydraulic elevator

(ii) Moving walk/escalator

(iii) Hydraulic elevator

(iv) Platform lift/material lift/dumbwaiter

(b) Reinspection fee:

(i) Traction and roped hydraulic elevator

(ii) Moving walk/escalator

(iii) Hydraulic elevator

(iv) Platform lift/material lift/dumbwaiter

(4) Application for initial certification (nonrefundable):

All conveyances

History:

[39-8616, added 2004, ch. 359, sec. 1, p. 1072; am. 2007, ch. 137, sec. 3, p. 398.]
Idaho Code § 39-1457B — Idaho Code / Title 39 / Chapter 14 / Section 39-1457B
39-1457B AGREEMENT OF THE STATE.
Status: in_force

39-1457B. Agreement of the state. The state does hereby pledge to and agree with the holders of any bonds, notes and other obligations issued under this act, and with those parties who may enter into contracts with the authority pursuant to the provisions of this act, that the state will not limit, alter, restrict or impair the rights hereby vested in the authority to acquire, construct, reconstruct, maintain and operate any facility as defined in this act or to establish, revise, charge and collect rates, rents, fees and other charges as may be convenient or necessary to produce sufficient revenues to meet the expenses of maintenance and operation thereof and to fulfill the terms of any agreements made with the holders of bonds, notes or other obligations authorized and issued by this act, and with the parties who may enter into contracts with the authority pursuant to this act, or in any way impair the rights or remedies of the holders of such bonds, notes or other obligations of such parties until the bonds, notes and such other obligations, together with interest thereon, with interest on any unpaid installment of interest and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged and such contracts are fully performed on the part of the authority. Nothing in this act precludes such limitation or alteration if and when adequate provision is made by law for the protection of the holders of such bonds, notes or other obligations of the authority or those entering into such contracts with the authority. The authority is authorized to include this pledge and undertaking for the state in such bonds, notes or other obligations and in such contracts.

History:

[(39-1457B) 39-1459B, as added by 1976, ch. 183, sec. 11, p. 669; am. and redesig. 2005, ch. 25, sec. 59, p. 104.]
Idaho Code § 39-8101 — Idaho Code / Title 39 / Chapter 81 / Section 39-8101
39-8101 SHORT TITLE.
Status: in_force

39-8101. Short title. This act may be known and cited as the "Basin Environmental Improvement Act."

History:

[39-8101, added 2001, ch. 371, sec. 2, p. 1297.]
Idaho Code § 39-3612 — Idaho Code / Title 39 / Chapter 36 / Section 39-3612
39-3612 INTEGRATION OF TOTAL MAXIMUM DAILY LOAD PROCESSES WITH OTHER PROGRAMS.
Status: in_force

39-3612. Integration of total maximum daily load processes with other programs. Upon completion of total maximum daily load processes as set forth in section 39-3611, Idaho Code, the director shall integrate such processes into the state's water quality management plan developed pursuant to the federal clean water act. Total maximum daily load processes shall be used by all designated agencies for achieving water quality standards.

History:

[39-3612, added 1995, ch. 352, sec. 1, p. 1173; am. 2003, ch. 351, sec. 2, p. 939.]
Idaho Code § 39-2612 — Idaho Code / Title 39 / Chapter 26 / Section 39-2612
39-2612 ENFORCEMENT.
Status: in_force

39-2612. Enforcement. This chapter shall be enforced by the department, cities, counties, fire protection districts or other law enforcement agencies of the state.

History:

[39-2612, added 1997, ch. 246, sec. 2, p. 715.]
Idaho Code § 39-6108 — Idaho Code / Title 39 / Chapter 61 / Section 39-6108
39-6108 CRITERIA FOR APPLICANTS.
Status: in_force

39-6108. Criteria for applicants. (1) Applicants must be existing health care facilities that:

(a) Have an active taxpayer identification number in Idaho; and

(b) Have provided medical or mental health care in Idaho for a minimum of twelve (12) months prior to submitting the application or meet the requirements for a new start as defined in this chapter.

(2) The waiver request to the department must come from a U.S. health care facility on behalf of the physician and not directly from the physician or his representative.

(3) J-1 visa waiver and national interest waiver petitioners with fellowship training must contract with employers to provide primary care services full time.

(4) Applicants must not be former J-1 visa waiver or national interest waiver physicians who are currently fulfilling their required three (3) or five (5) year obligation.

(5) Applicants may not submit waiver requests for a relative.

(6) Applicants must accept all patients regardless of their ability to pay.

(7) Except for state institutional and correctional facilities designated as federal shortage areas, the applicant must serve medicare clients, medicaid clients, low-income clients, uninsured clients, and the population of a federal shortage designation.

(8) Applicants must have a signed employment contract with the physician and guarantee wages for the duration of the contract.

(9) Applicants must cooperate in providing the department with clarifying information, in verifying information already provided, or in any investigation of the applicant's financial status and payer mix.

(10) Applicants must first apply through any organization with federal or interested governmental agency authority that submits waiver requests for Idaho's underserved rural areas. Documentation that fully explains why this route was not taken for placement is required as part of the application.

(11) The physician's name and practice location will be made available to the public as a provider who accepts medicare and medicaid.

(12) An assurance letter that the health care facility, its principals, and the J-1 or national interest waiver petitioning physician are not under investigation for, under probation for, or under restriction for medicare or medicaid fraud, or other violations of law or licensure restrictions that may indicate that it may not be in the public interest that a waiver be granted, must be provided.

(13) The applicant and its principals must be free of default on any federal or state scholarship or loan repayment program such as the national health service corps.

History:

[39-6108, added 2004, ch. 128, sec. 1, p. 440; am. 2009, ch. 106, sec. 8, p. 329; am. 2017, ch. 72, sec. 5, p. 174; am. 2023, ch. 31, sec. 5, p. 153.]
Idaho Code § 39-1395 — Idaho Code / Title 39 / Chapter 13 / Section 39-1395
39-1395 PRACTICE OF PODIATRY — MEDICAL STAFF MEMBERSHIP.
Status: in_force

39-1395. Practice of podiatry — Medical staff membership. Except as otherwise provided in this section, no provision or provisions of this section shall in any way change or modify the authority or power of the governing body of any hospital to make such rules, standards or qualifications for medical staff membership as they, in their discretion, may deem necessary or advisable, or to grant or refuse membership on a medical staff.

An applicant for medical staff membership may not be denied membership solely on the ground that the applicant holds a license to practice podiatry issued by the Idaho state board of medicine. The criteria utilized for granting medical staff membership shall be reasonable and shall not discriminate against podiatry.

The process for considering applications for medical staff membership and privileges shall afford each applicant due process.

All applications for medical staff membership shall be acted on within one hundred twenty (120) days from the date the required information is submitted.

The accordance and delineation of clinical privileges for podiatrists shall be determined on an individual basis and commensurate with the applicant's education, training, experience and demonstrated competence. In implementing these procedures, each hospital shall formulate and apply reasonable standards that do not discriminate in the evaluation of an applicant's credentials.

A member of the medical staff licensed pursuant to chapter 18, title 54, Idaho Code, shall have responsibility for the overall medical care of the patient while in the hospital. Arrangements for the services of a member of the medical staff licensed pursuant to chapter 18, title 54, Idaho Code, for the purposes of this section shall be the sole responsibility of the admitting podiatrist and not that of the hospital or any other member of the medical staff.

History:

[39-1395, added 1992, ch. 134, sec. 2, p. 423; am. 2004, ch. 133, sec. 1, p. 453; am. 2026, ch. 217, sec. 4, p. 908.]
Idaho Code § 39-118D — Idaho Code / Title 39 / Chapter 1 / Section 39-118D
39-118D IDAHO AIR QUALITY PERMITTING FUND.
Status: in_force

39-118D. Idaho air quality permitting fund. (1) All moneys received from fees collected from the pollution sources requiring permitting under title V of the federal clean air act amendments of 1990 shall be forwarded to the department of environmental quality and shall be paid into the Idaho air quality permitting fund which is hereby created in the office of the state treasurer.

(2) Such moneys and all interest earned thereon shall be kept in the Idaho air quality permitting fund and shall be expended for the technical, legal and administrative support necessary for implementing the operating permit program required under title V of the federal clean air act amendments of 1990.

(3) All salaries, costs and expenses incurred by the department of environmental quality in performing the duties and the exercise of its powers in carrying out the operating permit program required under title V of the federal clean air act amendments of 1990 shall be paid out of the air quality permitting fund.

History:

[39-118D, added 1993, ch. 275, sec. 3, p. 928; am. 2000, ch. 132, sec. 26, p. 337.]
Idaho Code § 39-5204 — Idaho Code / Title 39 / Chapter 52 / Section 39-5204
39-5204 COMPOSITION.
Status: in_force

39-5204. Composition. The council shall consist of seven (7) members appointed by the governor. At least one (1) member shall reside in each of the substate regions established pursuant to section 39-104, Idaho Code. Members shall represent persons who are victims of domestic violence, care providers, law enforcement officials, medical and mental health personnel, counselors, and interested and concerned members of the general public.

History:

[39-5204, added 1982, ch. 181, sec. 1, p. 471; am. 2021, ch. 321, sec. 20, p. 965.]
Idaho Code § 39-4431 — Idaho Code / Title 39 / Chapter 44 / Section 39-4431
39-4431 COLLECTION AND ENFORCEMENT.
Status: in_force

39-4431. Collection and enforcement. (1) The collection and enforcement procedures available to the Idaho state tax commission provided by the Idaho income tax act, sections 63-3030A, 63-3038, 63-3039, 63-3040, 63-3042 through 63-3045A, 63-3047 through 63-3065A, 63-3068, 63-3071, 63-3072, 63-3073 and 63-3078, Idaho Code, as they now exist or as they may subsequently be amended, shall apply and be available to the department of environmental quality for the enforcement of the commercial disposal fee and for the assessment and collection of any amounts due thereunder. Said sections shall, for the aforementioned purposes, be considered part of this chapter and wherever liens or any other proceedings are defined as income tax liens or proceedings, they shall, when applied in enforcement or collection under this chapter, be described as commercial disposal fee liens and proceedings.

(2) The department of environmental quality may be made a party defendant in any action at law or in equity by any person aggrieved by the unlawful seizure or sale of his property, or in any suit for refund or to recover an overpayment, but only the state of Idaho shall be responsible for any final judgment secured against the department of environmental quality and said judgment shall be paid or satisfied out of the general fund of the state.

History:

[39-4431, added 1984, ch. 205, sec. 9, p. 509; am. 1997, ch. 313, sec. 3, p. 928; am. 1999, ch. 290, sec. 5, p. 720; am. 2001, ch. 103, sec. 49, p. 292; am. 2015, ch. 244, sec. 23, p. 1021.]