Idaho Code § 39-118A — Idaho Code / Title 39 / Chapter 1 / Section 39-118A
39-118A ORE PROCESSING BY CYANIDATION.
Status: in_force

39-118A. ore processing by cyanidation. (1) As used in this chapter, unless the context requires otherwise:

(a) "Application" means an application for a new or major modification permit.

(b) "As-built submittal" means a report regarding the constructed cyanidation facility that is stamped by an Idaho-licensed professional engineer and that is consistent with the criteria for as-built documentation and other supporting documents, including:

(i) As-built drawings; and

(ii) Quality assurance and quality control documentation demonstrating that the constructed cyanidation facility, including controls, substantially conforms to the final permit and issued for construction data package, if applicable.

(c) "Component or phase" means physical parts or locations of a cyanidation facility or temporal sequences of all or parts of a cyanidation facility, as applicable.

(d) "Controls" means any containment structures, liners, pads, equipment, devices, procedures, or systems utilized to meet the requirements of this section.

(e) "Cyanidation" means the method of extracting target precious metals from ores by treatment with cyanide solution, which is the primary leaching agent for extraction.

(f) "Cyanidation facility" means a portion of a new ore processing facility, or a material or major modification of that portion of an existing ore processing facility, that utilizes cyanidation and is intended to contain, treat, or dispose of cyanide-containing materials, including spent ore, tailings, and process water.

(g) "Cyanidation pollutants" means any chemical or constituent used or concentrated during cyanidation that is present in process water, spent ore, tailings, or other material from the cyanidation process in such concentrations or amounts that, if discharged into the environment, have the potential to cause adverse effects to any beneficial use of waters of the state or to degrade waters of the state.

(h) "Department" means the Idaho department of environmental quality.

(i) "Director" means the director of the department of environmental quality or an authorized designee.

(j) "Final permit decision" means the director's final decision to approve or deny, in whole or in part, an application for a permit or other decision to modify or revoke a previously issued permit.

(k) "Issued for construction (IFC) data package" means plans and specifications for actual construction of a cyanidation facility consistent with the criteria for the IFC data package and other supporting documents that is stamped by an Idaho-licensed professional engineer and includes the following:

(i) IFC specifications, including any storage features or secondary containments, as applicable;

(ii) A final report documenting the basis of the design;

(iii) IFC drawings depicting facility layout and typical sections;

(iv) Final capacity calculations;

(v) Final load validation, if applicable; and

(vi) Plans consistent with IFC design for closure, monitoring, water management, operations, maintenance, and surveillance.

(l) "Major modification" or "material modification":

(i) Means any change to a previously permitted cyanidation facility that the department determines will:

1. Cause, or increase the potential to cause, degradation of water or impairment to the beneficial use of waters of the state, including a new cyanide process or cyanidation facility component or phase;

2. Significantly change the capacity, location, or process of an existing cyanidation facility component, including a new cyanide process or cyanidation facility component or phase;

3. Significantly change water quality compliance criteria or monitoring points; or

4. Significantly change the site condition in a way that was not adequately described in the original permit application; and

(ii) Does not mean or include:

1. Reclamation and closure-related activities at a cyanidation facility with an existing permit that did not actively add cyanide after January 1, 2005; or

2. Relocation of buildings, structures, or other similar modifications when such activity occurs within the same site footprint of the cyanidation facility, provided that containment is maintained.

(m) "Permit" means a permit for a new or materially modified cyanidation facility.

(n) "Procedural completeness" means that the permit application and its contents contain the required information, supporting plans, and documentation to allow the progression of the application to the technical completeness review.

(o) "Technical completeness" means that the permit application and its contents contain designs, specifications, supporting plans, and documentation that comply with the provisions of this section to contain, control, and treat cyanidation process water, spent ore, tailings, and other material from the cyanidation process by having adequate containment through the use of liners, barriers, structures, or other measures to prevent discharge of cyanidation pollutants into the environment that would impair beneficial use of waters of the state or would degrade waters of the state. For technical completeness, containment means:

(i) Secondary containment for process equipment, tanks, and piping; and

(ii) Primary and secondary liners associated with leach pads, tailings storage facilities, and process ponds.

(2)(a) A new or materially modified cyanidation facility shall not be constructed, operated, or closed prior to:

(i) Obtaining a permit from the department pursuant to the provisions of this section and rules promulgated thereunder; and

(ii) Obtaining necessary financial assurance and permanent closure plan approvals applicable to cyanidation facilities pursuant to the requirements of chapter 15, title 47, Idaho Code, and rules promulgated thereunder.

(b) A cyanidation facility with an existing permit approved by the department prior to July 1, 2005, shall be subject to the applicable laws and rules for ore processing by cyanidation in effect on June 30, 2005. If there is a material modification of a cyanidation facility after June 30, 2005, all provisions of this chapter shall apply to the modification or expansion. Reclamation or closure-related activities at a facility with an existing cyanidation permit approved by the department that did not actively add cyanide processes after January 1, 2005, shall not be considered a material modification or expansion thereof.

(3) A cyanidation facility shall be:

(a) Designed with controls sufficient to contain, control, and treat cyanidation process water, spent ore, tailings, and other material from the cyanidation processes to prevent discharge of cyanidation pollutants into the environment that would impair beneficial use of waters of the state or degrade waters of the state. Such controls shall be based on generally accepted design standards that are consistent with generally accepted engineering practices and quality control and quality assurance procedures; and

(b) Maintained and operated in a manner that prevents discharge of cyanidation pollutants into the environment that would impair beneficial use of waters of the state or degrade waters of the state.

(4) The department shall not issue a permit pursuant to this section unless a permanent closure plan for the cyanidation facility has been submitted for approval under chapter 15, title 47, Idaho Code. Any permit issued by the department pursuant to this section shall prohibit construction and operation of the cyanidation facility until the permittee submits proof to the department that financial assurance for the cyanidation facility permanent closure plan has been provided as required by chapter 15, title 47, Idaho Code.

(5)(a) The director may deny a permit application if:

(i) The application is procedurally or technically incomplete and cannot be made complete with additional clarifying or supplemental information as requested by the department and provided by the applicant;

(ii) The cyanidation facility, or any component or phase thereof, as proposed, cannot be conditioned for construction, operation, and closure in a way that complies with the provisions of this section and rules promulgated thereunder; or

(iii) Any payment required by the cost recovery agreement is due and unpaid.

(b) If an application is denied, the director shall provide written notice to the applicant explaining the basis for the rejection.

(6) The department may request that the applicant provide supplemental or clarifying information at any point in the permitting process pursuant to this section and rules promulgated thereunder until a final permit decision is issued. The applicant's failure or refusal to correct deficiencies or supply additional information as requested may result in permit denial.

(7)(a) Before conducting a pre-application conference or submitting a preliminary design report, the applicant and department shall execute a cost recovery agreement. The cost recovery agreement shall provide for the recovery of the actual costs incurred by the department during the permitting process pursuant to this section and rules promulgated thereunder. The cost recovery agreement may provide for recovery of actual costs incurred by the department for any other service rendered pursuant to this section and rules promulgated thereunder if the applicant so agrees. The permitting process may include but is not limited to:

(i) Pre-application meetings and interactions with the applicant;

(ii) Reviewing pre-application submittals, including the preliminary design report, conceptual designs, draft plans, and other supporting documents;

(iii) Conducting procedural completeness and technical reviews;

(iv) Reviewing supplemental information and revised documents;

(v) Reviewing final designs, supporting plans, and other documents;

(vi) Developing a draft permit and fact sheet;

(vii) Reviewing and preparing responses to public comments;

(viii) Developing a final permit and fact sheet;

(ix) Contracting with a third-party consultant; and

(x) Other activities related to processing permit applications.

(b) After a cost recovery agreement is executed, the department shall conduct a pre-application conference with the applicant. After the pre-application conference is held, the applicant shall submit a preliminary design report and permit application.

(8) A permit application shall:

(a) Address all of the criteria and standards provided in this section and rules promulgated thereunder;

(b) Include the proposed plans and specifications for controls to contain, control, and treat cyanidation process water, spent ore, tailings, and other material from the cyanidation processes that the proposed cyanidation facility will have to prevent discharges of cyanidation pollutants into the environment that would impair beneficial use of waters of the state or degrade waters of the state. The proposed designs and specifications shall be based on generally accepted engineering practices and quality control and quality assurance procedures; and

(c) Not be required to have the level of design and engineering necessary for the IFC data package, provided that in the final permit the director may condition construction on the review and approval of an IFC data package in accordance with subsection (18) of this section.

(9) A water quality monitoring plan for a cyanidation facility:

(a) Shall specify points of compliance and associated water quality compliance criteria for cyanidation pollutants for surface water and ground water;

(b) Shall specify monitoring points and threshold concentrations for parameters that provide for early detection of cyanidation pollutant discharge; and

(c) May not be required to contain points of compliance, compliance criteria, or monitoring locations for contaminants that are covered by other permits issued by the department, including ground water points of compliance established by rule for proposed mine activities, including cyanidation facilities.

(10)(a) The department's review of any application made pursuant to this section shall not duplicate or conflict with other permits or the permitting process for other permits required pursuant to Idaho law, including permits administered by the department regarding protecting air, surface water, and ground water resources and authorizations made by the Idaho department of lands regarding reclamation and closure of a cyanidation facility. To the extent that other permits under Idaho law do not address or regulate potential cyanidation pollutants discharged from a cyanidation facility, the department may review and address such cyanidation pollutants or other pollutants in accordance with the provisions of this section and rules promulgated thereunder.

(b) The department's review of an application shall be limited to the criteria and standards provided in this section and rules promulgated thereunder.

(c) The department's review of an application for a major modification of a permit shall be limited to the proposed material modifications to the cyanidation facility that are required to be included therein.

(11)(a) Within one hundred eighty (180) days of receiving an application, the director shall deliver to the applicant a written notice of rejection or approval. If the director fails to deliver a notice of rejection or approval within such time period, the submitted application shall be deemed approved and the applicant may proceed with the construction, operation, or closure as if notice of approval had been received from the director.

(b) Within thirty (30) days of receiving an application, the director shall review the application for procedural completeness, in whole or in part, and issue written notice to the applicant and the Idaho department of lands indicating that the application, in whole or in part for specific components or phases, is procedurally complete or procedurally incomplete. If the application, or any part thereof, is procedurally incomplete, the director shall explain the specific deficiencies and may request additional information. A determination that an application, or any part thereof, is procedurally complete shall not preclude the department from requiring the applicant to submit additional information for the department to continue processing the application.

(c) Within sixty (60) days of the notice that the application is procedurally complete, in whole or in part, the director shall complete review of the application for technical completeness, in whole or in part. If the director determines that the application, or specific components or phases thereof, satisfies the technical completeness requirements provided in this section and rules promulgated thereunder, the director shall:

(i) Prepare a draft permit and fact sheet for the application or a specific component or phase thereof pursuant to the provisions of subsections (13) and (14) of this section;

(ii) Provide public notice pursuant to subsections (21) through (23) of this section;

(iii) Allow public comment pursuant to subsection (26) of this section; and

(iv) Hold a public meeting pursuant to subsection (25) of this section.

(12)(a) The department may contract with a third-party consultant to support review of an application, in whole or in part.

(b) The director may, in his discretion, review and approve the application in part for specific components or phases of a cyanidation facility if such components or phases of the facility and the provisions of the application with respect thereto satisfy the requirements of this section. The director shall obtain the consent of the applicant prior to reviewing an application in part, and if obtained, shall work with the applicant to create a schedule for review of the application in part. Approving a component or phase of an application shall not imply the approval of the remaining components or phases. If an application is reviewed in part, the remaining components or phases of the application:

(i) Shall not be subject to the timing requirements of subsection (11) of this section;

(ii) Shall not be considered permit modifications if subsequent changes to the application do not constitute material modifications from the original application; and

(iii) Shall be subject to public notice and comment provisions of subsections (21) through (26) of this section.

(13) A draft or final permit shall contain:

(a) All conditions necessary to require controls sufficient to prevent or mitigate the potential for the discharge of cyanidation pollutants into the environment that would impair beneficial use of waters of the state or degrade waters of the state;

(b) Any information incorporated into the permit by reference; and

(c) Any and all other conditions the director finds necessary to ensure compliance with this section and rules promulgated thereunder, including but not limited to:

(i) Review and approval of an IFC data package prior to authorizing commencement of construction; and

(ii) Review and approval of a permanent closure plan and issuance of financial assurance pursuant to chapter 15, title 47, Idaho Code, and rules promulgated thereunder.

(14) A fact sheet shall be published with a draft permit. The fact sheet shall:

(a) State the principal facts and describe the proposed activity sought to be permitted;

(b) Briefly describe the proposed cyanidation facility, operating plan, and application and state whether the application is being reviewed in whole or in part;

(c) State any significant legal and policy questions considered, including statutes, regulations, and references to the administrative record;

(d) Summarize the conditions imposed in the permit; and

(e) Provide the name and phone number of the department representative to contact for additional information.

(15) A final permit shall be modified, as necessary, based on review of public comments, supplemental information received, and other appropriate reasons. The fact sheet shall be updated to reflect public comments, supplemental information received, and modifications, if any, to the permit, and shall be published with the final permit.

(16)(a) A final permit issued pursuant to this section shall expire in two (2) years if construction has not been commenced. The applicant may request, in writing, that the two (2) year period be extended. The director may, in his discretion, allow a reasonable extension thereof.

(b) A final permit shall remain valid until the director determines that permanent closure is completed or the director revokes or modifies the permit.

(17) Construction of a new or a materially modified cyanidation facility shall not deviate from the plans and specifications approved by the department.

(18)(a) A final permit issued pursuant to this section shall authorize the immediate commencement of construction and operation of a cyanidation facility in accordance with the terms of the permit.

(b) A final permit may condition the commencement of construction of a cyanidation facility or a component or phase thereof on the department's review and approval of an IFC data package. If an applicant is required to provide an IFC data package, the director:

(i) Shall meet with the applicant at least sixty (60) days prior to the submittal of the IFC data package to discuss the status of the data package and any minor modifications from the final permit that the applicant is proposing;

(ii) May open a public comment period for no more than thirty (30) days after receiving the IFC data package;

(iii) Shall complete review of the IFC data package within sixty (60) days from the director's receipt of the data package to confirm that the data package is consistent with the plans and specifications approved in the final permit; and

(iv) Shall authorize construction, in whole or in part, if the director finds that the IFC data package meets the requirements of this section and rules promulgated thereunder, and that all other conditions of the final permit have been satisfied.

(19) Within thirty (30) days of completing construction on a cyanidation facility or component or phase thereof, if applicable, the operator shall submit an accurate as-built submittal depicting that actual construction of the cyanidation facility or component or phase thereof, if applicable, does not deviate from the plans and specifications approved in the permit and IFC data package, if applicable.

(20) Public notice shall not be required when a preliminary design report submitted by an applicant is rejected or when an application, or any part thereof, is deemed incomplete.

(21) The director shall give public notice of:

(a) A determination that an application is procedurally complete;

(b) Publication of a draft permit and fact sheet;

(c) Any authorized public comment period or public meeting;

(d) Issuance of a final permit and fact sheet;

(e) Approval to construct, if the final permit conditioned construction on the department's review and approval of an IFC data package;

(f) A decision to reject a permit application;

(g) A decision to revoke a permit; and

(h) The filing of any appeal from any decision of the director with respect to any permit application for a new or materially modified cyanidation facility.

(22) A public notice issued pursuant to this section shall contain:

(a) A description of the cyanidation facility and its location;

(b) A description of the public involvement procedures;

(c) Information regarding the public comment period, if applicable;

(d) Information regarding the time and place of the public meeting, if applicable;

(e) Information on how to obtain additional available public information;

(f) The name and phone number of the department representative to contact for additional information; and

(g) Such other information as the department deems necessary.

(23) Public notice shall be given by:

(a) Certified or electronic mail to:

(i) The applicant;

(ii) Persons on the public notice mailing list developed pursuant to subsection (24) of this section; and

(iii) All federal, tribal, state, and local government entities who have an interest in the outcome of the permitting process;

(b) Publication for two (2) consecutive weeks in a daily or weekly newspaper of general circulation in the area of the proposed cyanidation facility; and

(c) Any other method reasonably calculated to give actual notice to potentially affected persons.

(24) The department shall develop a mailing list for public notices issued pursuant to this section by recording the names and contact information of those who request, in writing, to be on such list. The department shall make available on its website the ability to join the mailing list and shall periodically publish notice of the ability to join the mailing list in the local press, regional and state-funded newsletters, environmental bulletins, state law journals, or similar publications. The department may periodically update the mailing list by requesting written indication of continued interest from those listed and may delete from the list the name of any person who fails to respond to the department's request.

(25) Within thirty (30) days of the public notice of publication of a draft permit, the department shall hold a public meeting.

(26) Public comment on a draft permit shall be permitted for sixty (60) days beginning on the date of the initial public notice of publication of a draft permit. Only written public comments received during the public comment period shall be accepted and considered by the department.

(27) The department shall respond to all written public comments individually, except when comments can be responded to by theme or topic. All written comments received during this public comment period and the department's response thereto shall be made publicly available.

(28) Within thirty (30) days of the end of the public comment period, the director shall provide public notice of the final permit decision. This notice shall:

(a) Specify which provisions, if any, of the draft permit have been changed in the final permit and summarize the reasons for such changes;

(b) Include information on how to view the public comments received and the department's responses thereto; and

(c) Include information regarding the procedures for administrative appeal under applicable law.

(29) The Idaho department of lands shall participate in public comment and meetings regarding performance criteria for permanent closure of a cyanidation facility.

(30) The director and the applicant may agree to pause or extend the statutory time frames established in this section for a reasonable time, provided that:

(a) The sixty (60) day technical completeness review may be paused upon the agreement of the director and the applicant for a period not to exceed one (1) year from the date of the director's notice of procedural completeness to allow the applicant to submit additional information requested by the department; and

(b) Time frames requiring action by the director or department shall not be extended by more than sixty (60) days.

(31) Research and development activities, including bench and pilot scale testing facilities, shall be exempt from the provisions of this section and rules promulgated thereunder.

(32) The provisions of this section shall be applied retroactively to all permit applications submitted to the department on or before January 1, 2025, that are still under review by the department as of July 1, 2025.

(33)(a) The department shall promptly commence an administrative review of IDAPA 58.01.13 and shall promulgate rules, subject to legislative approval, to bring such rules into compliance with the provisions of this section.

(b) The department shall have until July 1, 2025, to issue temporary rules, if necessary, to administer the provisions of this section.

History:

[39-118A, added 2025, ch. 228, sec. 2, p. 1051.]
Idaho Code § 39-245A — Idaho Code / Title 39 / Chapter 2 / Section 39-245A
39-245A CERTIFICATES OF BIRTH — MATERIAL FACTS INCLUDED — AMENDMENTS.
Status: in_force

39-245A. certificates of birth — material FACTS included — amendments.

(1)(a) The legislature finds that:

(i) There is a compelling interest in maintaining accurate, quantitative, biology-based material facts on Idaho certificates of birth that provide material facts fundamental to the performance of government functions that secure the public health and safety, including but not limited to identifying public health trends, assessing risks, conducting criminal investigations, and helping individuals determine their biological lineage, citizenship, or susceptibility to genetic disorders;

(ii) The equal protection clause of the fourteenth amendment to the United States constitution prohibits purposeful discrimination, not facially neutral laws of general applicability, such as a biology-based definition of sex that has been consistently applied since our nation's founding;

(iii) Decades of court opinion have upheld the argument that biological distinctions between male and female are a matter of scientific fact, and biological sex is an objectively defined category that has obvious, immutable, and distinguishable characteristics;

(iv) Identification of biological sex on a birth certificate impacts the health and safety of all individuals. For example, the society for evidence-based gender medicine has declared that the conflation of sex and gender in health care is alarming, subjects hundreds of thousands of individuals to the risk of unintended medical harm, and will greatly impede medical research;

(v) Vital statistics are defined in section 39-241(21), Idaho Code, as data, being the plural of datum, which is a known fact;

(vi) Idaho certificates of birth are of an evidentiary character and prima facie evidence of the facts recited therein, according to section 39-274, Idaho Code;

(vii) Age and sex, unlike the names of natural parents whose rights have been terminated, are legally applicable facts fundamental to the performance of public and private policies and contracts;

(viii) The failure to maintain accurate, quantitative vital statistics and legal definitions upon which the government and others may with confidence rely constitutes a breach of the public trust; and

(ix) The government has a compelling interest in maintaining the public trust and confidence and a duty to fulfill, to the best of its ability, those functions that rely on accurate vital statistics.

(b) Based on the findings in paragraph (a) of this subsection, the legislature directs that an Idaho certificate of birth shall document specific quantitative, material facts at the time of birth, as provided in subsection (2) of this section.

(2) Any certificate of birth issued under the provisions of this chapter shall include the following quantitative statistics and material facts specific to that birth: time of birth, date of birth, sex, birth weight, birth length, and place of birth.

(3) For purposes of this chapter, "sex" is as defined in section 73-114, Idaho Code.

(4) The quantitative statistics and material facts identified in subsection (2) of this section may be amended within one (1) year of the filing of the certificate by submitting to the registrar a notarized affidavit of correction that:

(a) Is on a form prescribed by the registrar;

(b) Is signed by:

(i) The parents identified on the certificate of birth; or

(ii) The child's legal guardian;

(c) Is signed by the physician or other person in attendance who provided the medical information and certified to the facts of birth; and

(d) Declares that the information contained on the certificate of birth incorrectly represents a material fact at the time of birth.

After one (1) year, the quantitative statistics and material facts identified in subsection (2) of this section may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the party challenging the acknowledgment.

(5) In those instances in which an individual suffers from a physiological disorder of sexual development and the individual's biological sex cannot be recognized at birth as male or female based upon externally observable reproductive anatomy, the physician shall make a presumptive determination of the individual's sex, which may thereafter be amended based on the appropriate combination of genetic analysis and evaluation of the individual's naturally occurring internal and external reproductive anatomy as provided in subsection (4) of this section.

(6) Notwithstanding any provision of this section to the contrary, a hospital may correct a birth certificate for a clerical or data entry error at any time by submitting a notarized affidavit on a form specified by the registrar with any appropriate supporting documentation.

History:

[39-245A, added 2020, ch. 334, sec. 2, p. 971; am. 2024, ch. 322, sec. 5, p. 1066.]
Idaho Code § 39-1217 — Idaho Code / Title 39 / Chapter 12 / Section 39-1217
39-1217 VISITATION.
Status: in_force

39-1217. Visitation. For the purpose of determining whether every licensed foster home, licensed children's agency, licensed children's therapeutic outdoor program and licensed children's residential care facility consistently maintains conformity with the standards established under the authority conferred herein, the department, through an authorized representative, shall visit each such home and facility as often as it deems necessary or desirable, but in any event at intervals not to exceed twelve (12) months.

History:

[39-1217, added 1963, ch. 320, sec. 10, p. 901; am. 1990, ch. 215, sec. 18, p. 577; am. 2001, ch. 93, sec. 13, p. 241; am. 2002, ch. 219, sec. 8, p. 603.]
Idaho Code § 39-1443 — Idaho Code / Title 39 / Chapter 14 / Section 39-1443
39-1443 DEFINITIONS.
Status: in_force

39-1443. Definitions. In this act, unless the context otherwise clearly requires, the terms used herein shall have the meanings ascribed to them as follows:

(a) "Authority" means the Idaho health facilities authority created by this act.

(b) "Bonds," "notes" or "bond anticipation notes" and "other obligations" means any bonds, notes, debentures, interim certificates or other evidences of financial indebtedness, respectively, issued by the authority pursuant to this act.

(c) "Health institution" means any:

(i) private not for profit hospital, corporation or institution, or

(ii) public hospital or institution,

authorized by law to provide or operate health facilities whether directly or indirectly through one (1) or more affiliates in the state of Idaho; and "participating health institution" means a health institution which, pursuant to the provisions of this act, shall undertake the financing and construction or acquisition of health facilities or shall undertake the refunding or refinancing of outstanding obligations as provided in and permitted by this act.

(d) "Health facilities" or "facilities," in the case of a participating health institution, means a structure or building suitable for use as a hospital, clinic, nursing home, or other health care facility, laboratory, laundry, nurses', doctors' or interns' residence, administration building, research facility, maintenance, storage or utility facility, auditorium, dining hall, food service and preparation facility, mental and physical health care facility, dental care facility, nursing school, medical teaching facility, or other structures or facilities related to any of the foregoing or required or useful for the operation of a health facility, including, without limitation, offices, parking lots and garages and other supporting service structures, and all necessary, useful and related equipment, furnishings and appurtenances and including without limitation the acquisition, preparation and development of all lands, real and personal property, necessary or convenient as a site or sites for any of the foregoing; but shall not include such items as food, fuel, supplies or other items which are customarily considered as a current operating charge; facilities shall not include any property used or to be used primarily for sectarian instruction or study or as a place for devotional activities or religious worship.

(e) "Costs" as applied to facilities financed in whole or in part under the provisions of this act means and includes the sum total of all reasonable or necessary costs incidental to the acquisition, construction, reconstruction, repair, alteration, equipment, enlargement, improvement and extension of such facilities and acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements and interest acquired, necessary, used for or useful for or in connection with a facility and all other undertakings which the authority deems reasonable or necessary for the development of a facility including, but not limited to, the cost of demolishing or removing any building or structures on land so acquired, the cost of acquiring any lands to which such building or structures may be moved, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and if judged advisable by the authority, for a period after completion of such construction, the cost of financing facilities, including interest on bonds and notes issued by the authority to finance facilities; reserves for principal and interest and for extensions, enlargements, additions and improvements; including without limitation the cost of studies and surveys; the costs for land title and mortgage guaranty policies; plans, specifications, architectural and engineering services; legal, organization, marketing or other special services; financing, acquisition, demolition, construction, equipment and site development of new and rehabilitated buildings; rehabilitation, reconstruction, repair or remodeling of existing buildings and all other necessary and incidental expenses to the construction and acquisition of facilities, the financing of such construction, and acquisition and the placing of facilities in operation.

(f) "Revenues" means, with respect to facilities, the rents, fees, charges, interest, principal repayments and other income received or to be received by the authority from any source on account of such facilities.

(g) "Refinancing of outstanding obligations" means liquidation, with the proceeds of bonds or notes issued by the authority, of any indebtedness of a participating health institution incurred to finance or aid in financing a lawful purpose of such health institution not financed pursuant to this act which would constitute a facility had it been undertaken and financed by the authority, or consolidation of such indebtedness with indebtedness of the authority incurred for a facility related to the purpose for which the indebtedness of the health institution was incurred.

History:

[39-1443, added 1972, ch. 134, sec. 3, p. 286; am. 1973, ch. 178, sec. 2, p. 393; am. 1976, ch. 183, sec. 1, p. 657; am. 2004, ch. 382, sec. 1, p. 1143.]
Idaho Code § 39-7419 — Idaho Code / Title 39 / Chapter 74 / Section 39-7419
39-7419 MODIFICATIONS TO SITES APPROVED UNDER THIS CHAPTER.
Status: in_force

39-7419. Modifications to sites approved under this chapter. (1) The following modifications to approved sites shall be considered major modifications:

(a) Lateral expansion;

(b) Unpredictable change affecting any environmental monitoring program;

(c) Change of liner design, if not equivalent to the approved preliminary design's liner design;

(d) A modification of the design or operation due to initiation of corrective action and remediation; or

(e) Any change to operation or design that, as determined by a qualified professional and affirmed by the director, may appear to result in an increased risk to human health or the environment.

(2) The following modifications shall be considered minor modifications:

(a) Waste processing methodologies;

(b) Installation or decommissioning of landfill gas extraction or ground water monitoring wells;

(c) Alternative daily cover practices;

(d) Solid waste diversion programs; or

(e) Other actions or modifications that, as determined by a qualified professional and affirmed by the director, will not result in an increased risk to human health or the environment.

(3) The director may further define the scope of subsections (1) and (2) of this section by rule or other official policy document.

(4) The owner or operator of a facility shall apply to and obtain approval from the director prior to implementing a major or minor modification.

(5)(a) An applicant may request, in writing, that the director provide a preliminary determination on whether a modification is major or minor. Such preliminary determination shall not prohibit the director from making a different determination after reviewing a formal major or minor modification application.

(b) The director shall provide a preliminary decision within fourteen (14) days of receiving the request if the request is submitted with a summary of the proposed changes. If no such summary is provided, the director shall provide a preliminary decision within twenty-eight (28) days of receiving the request.

(6) The review and approval process for a major or minor modification application shall be conducted pursuant to this chapter.

(a) Notice of a rejected minor modification application shall be sent with empirical evidence that the modification will increase the risk to human health or the environment.

(b) An applicant may appeal any rejection or condition of modification pursuant to the procedures provided in this chapter.

(7) Approved and implemented major and minor modifications shall be accounted for in the operations plan when the plan is submitted for recertification. Such modifications may be accounted for prior to recertification by submitting an operations plan amendment with the director for review and approval pursuant to this chapter.

History:

[(39-7419) 39-7418, added 1992, ch. 331, sec. 1, p. 990; am. 1993, ch. 139, sec. 20, p. 364; am. and redesig. 2026, ch. 7, sec. 23, p. 45.]
Idaho Code § 39-9701 — Idaho Code / Title 39 / Chapter 97 / Section 39-9701
39-9701 IDAHO ENERGY CONSERVATION CODE.
Status: in_force

39-9701. IDAHO ENERGY CONSERVATION CODE. (1) On and after July 1, 2022, the Idaho state energy code shall be the 2018 international energy conservation code, as amended, revised, or modified by the Idaho building code board and approved by the legislature. The international energy conservation code, together with such amendments, revisions, or modifications as approved by the Idaho building code board through rulemaking conducted pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, and approved by the legislature, shall collectively constitute and be named the Idaho energy conservation code and shall be deemed approved by the Idaho building code board and the legislature.

(2) The provisions of this chapter preempt, eliminate, and prohibit any cities, counties, incorporated or unincorporated areas, special use districts, or any other local governmental entities of any kind from adopting energy code or energy-related requirements through any code, ordinance, process, policy, or guidance that differ from or are more extensive than the requirements of the Idaho energy conservation code as provided for in this chapter. The provisions of this chapter shall not apply to chapter 1 of the 2018 international energy conservation code with respect to the administrative processes of any city, county, incorporated or unincorporated area, special use district, or any other local governmental entity.

(3) This chapter shall apply to codes or amendments adopted by local jurisdictions prior to, on, or after July 1, 2022.

History:

[39-9701, added 2022, ch. 302, sec. 1, p. 956; am. 2023, ch. 236, sec. 1, p. 733.]
Idaho Code § 39-7206 — Idaho Code / Title 39 / Chapter 72 / Section 39-7206
39-7206 EVALUATION AND REVIEW RESPONSIBILITIES.
Status: in_force

39-7206. Evaluation and review responsibilities. (1) Pursuant to the signed voluntary remediation agreement, the department or a person under contract with the department shall do the following:

(a) Review and evaluate the site and the affected area surrounding the site;

(b) Review and evaluate the proposed voluntary remediation work plan for protection of public health and the environment based on rules promulgated by the board.

(2) At any time during the evaluation of a proposed voluntary remediation work plan, the department may request that a person submit additional or corrected information to the department. A person may:

(a) Comply with the request; or

(b) Withdraw the person's proposed voluntary remediation work plan from consideration and terminate the voluntary remediation agreement.

(3) Before the department approves a proposed voluntary remediation work plan under this section, the department must:

(a) Notify local government units located in a county affected by the proposed voluntary remediation work plan of the work plan; and,

(b) Provide that a copy of the proposed voluntary remediation work plan and a copy of the voluntary remediation agreement be placed in at least one (1) public library in a county affected by the work plan; and,

(c) Notify by reasonable public notice potentially affected persons to request comments concerning the proposed voluntary remediation work plan; and,

(d) Provide a comment period of at least thirty (30) days following publication of a notice under this section. During the comment period, interested potentially affected persons may do the following:

(i) submit written comments to the department concerning the proposed voluntary remediation work plan,

(ii) request a public hearing concerning the proposed voluntary remediation work plan.

(4) If the department receives a significant number of written requests from potentially affected persons, the department may hold a public hearing in the geographical area affected by the proposed voluntary remediation work plan on the question of whether to modify, approve or reject the work plan. All written comments and public testimony shall be considered by the department.

(5) The department shall:

(a) Approve;

(b) Modify and approve; or

(c) Reject the proposed voluntary remediation work plan.

(6) If the department rejects a proposed voluntary remediation work plan under this section:

(a) The department shall notify the person and specify the reasons for rejecting the work plan; and

(b) The person may appeal the department's decision under chapter 52, title 67, Idaho Code.

(7) If the department approves, or modifies and approves, a proposed voluntary remediation work plan under this section, the department shall:

(a) Notify the person in writing, under the applicable provisions set forth in this chapter, that the voluntary remediation work plan has been approved, or modified and approved;

(b) Incorporate the approved voluntary remediation work plan into the voluntary remediation agreement.

History:

[39-7206, added 1996, ch. 252, sec. 1, p. 798.]
Idaho Code § 39-1459 — Idaho Code / Title 39 / Chapter 14 / Section 39-1459
39-1459 EXEMPTION FROM CONSTRUCTION AND BIDDING REQUIREMENTS FOR PUBLIC BUILDINGS.
Status: in_force

39-1459. Exemption from construction and bidding requirements for public buildings. The facilities are not subject to any requirements relating to public buildings, structures, grounds, works or improvements imposed by the laws of this state or any other similar requirements which may be lawfully waived by this section and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the authority is not applicable to any action taken under authority of this act.

History:

[39-1459, added 1972, ch. 134, sec. 19, p. 286.]
Idaho Code § 39-5506 — Idaho Code / Title 39 / Chapter 55 / Section 39-5506
39-5506 RESPONSIBILITIES OF EMPLOYERS.
Status: in_force

39-5506. Responsibilities of employers. (1) No employer or other person in charge of a public place or publicly-owned building or office shall knowingly or intentionally permit the smoking of tobacco products in violation of this chapter.

(2) Any employer or other person in charge of a public place or publicly-owned building or office who knowingly violates the provisions of this section is guilty of an infraction and is subject to a fine not to exceed one hundred dollars ($100).

(3) Any employer who discharges or in any manner discriminates against an employee because that employee has made a complaint or has given information to the department of health and welfare or the department of labor pursuant to this section shall be subject to a civil penalty of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) for each violation.

History:

[39-5506, added 1985, ch. 60, sec. 1, p. 121; am. 2004, ch. 389, sec. 5, p. 1169.]
Idaho Code § 39-5707 — Idaho Code / Title 39 / Chapter 57 / Section 39-5707
39-5707 OPENED PACKAGES AND SAMPLES.
Status: in_force

39-5707. Opened packages and samples. (1) It shall be unlawful to sell or distribute tobacco products or electronic smoking devices for commercial purposes other than in the federally required sealed package provided by the manufacturer with all the required warning labels and health warnings.

(2) It shall be unlawful to sell or distribute tobacco products or electronic smoking devices for free or below the cost of such products to the sellers or distributors of the products for commercial or promotional purposes to members of the general public in public places or at public events.

(3) The requirements for original sealed manufacturer packaging and the prohibition against free distribution shall not apply to a mobile cigar retailer providing on-site cigar rolling or experiential services at a private or public event restricted to persons of twenty-one (21) years of age or older, provided that:

(a) The products distributed consist only of cigars or natural tobacco leaves for on-site rolling; and

(b) The host of a private event has purchased the products at full retail price for distribution to guests or the consumer has purchased the product directly.

History:

[39-5707, added 1998, ch. 418, sec. 2, p. 1319; am. 2020, ch. 318, sec. 7, p. 910; am. 2026, ch. 279, sec. 4, p. 1171.]
Idaho Code § 39-6306 — Idaho Code / Title 39 / Chapter 63 / Section 39-6306
39-6306 HEARING ON PETITION FOR PROTECTION ORDER — RELIEF PROVIDED AND REALIGNMENT OF DESIGNATION OF PARTIES.
Status: in_force

39-6306. Hearing on petition for protection order — Relief provided and realignment of designation of parties. (1) Upon filing of a petition based upon a sworn affidavit for a protection order, the court shall hold a hearing to determine whether the relief sought shall be granted within fourteen (14) days. If either party is represented by counsel at a hearing seeking entry of a protection order, the court shall permit a continuance, if requested, of the proceedings so that counsel may be obtained by the other party. If the court finds that it is necessary for both parties to be represented by counsel, the court shall enter appropriate orders to ensure that counsel is retained. The order entered may require either the petitioner or respondent, or both, to pay for costs of counsel. Upon a showing that there is an immediate and present danger of domestic violence to the petitioner the court may, if requested, order for a period not to exceed one (1) year that:

(a) Temporary custody of the minor children of the petitioner or of the parties be awarded to the petitioner or respondent if exercise of such jurisdiction is consistent with the provisions of section 32-11-204, Idaho Code, and consistent with prior custody orders entered by a court of competent jurisdiction unless grounds exist pursuant to section 32-717, Idaho Code;

(b) A party be restrained from committing acts of domestic violence;

(c) Exclude the respondent from the dwelling which the parties share or from the residence of the petitioner;

(d) The respondent be ordered to participate in treatment or counseling services. The council on domestic violence, in recognition of the particular treatment requirements for batterers, shall develop minimal program and treatment standards to be used as guidelines for recommending approval of batterer programs to the court;

(e) Other relief be ordered as the court deems necessary for the protection of a family or household member, including orders or directives to a peace officer, as allowed under this chapter;

(f) The respondent be required to pay service fees, and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney's fee;

(g) The respondent be restrained from harassing, annoying, disturbing the peace of, telephoning, contacting, or otherwise communicating, directly or indirectly, with the petitioner and any designated family member or specifically designated person of the respondent's household, including the minor children whose custody is awarded to the petitioner;

(h) The respondent be restrained from entering any premises when it appears to the court that such restraint is necessary to prevent the respondent from contacting, harassing, annoying, disturbing the peace of or telephoning the petitioner or the minor children whose custody is awarded to the petitioner; and/or

(i) The respondent be restrained from coming within one thousand five hundred (1,500) feet or other appropriate distance of the petitioner, the petitioner's residence, the school or place of employment of the petitioner, or any specified place frequented by the petitioner and by any other designated family member or specifically designated person of the respondent's household, including the minor children whose custody is awarded to the petitioner.

(2) Immediate and present danger under this section includes, but is not limited to, situations in which the respondent has recently threatened the petitioner with bodily harm or engaged in domestic violence against the petitioner or where there is reasonable cause to believe bodily harm may result.

(3) No order made under this chapter shall in any manner affect title to real property.

(4) Relief shall not be denied because petitioner used reasonable force in self-defense against respondent, or because petitioner or respondent was a minor at the time of the incident of domestic violence.

(5) Any relief granted by the protection order, other than a judgment for costs, shall be for a fixed period not to exceed one (1) year; provided, that an order obtained pursuant to this chapter may, upon motion and upon good cause shown, continue for an appropriate time period as directed by the court or be made permanent if the requirements of this chapter are met, provided the order may be terminated or modified by further order of the court either on written stipulation filed with the court or on the motion of a party and after a hearing on the motion. The motion to renew an order may be granted without a hearing, if not timely objected to by the party against whom the order was entered.

(6) In providing relief under this chapter, the court may realign the designation of the parties as "petitioner" and "respondent" where the court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence.

History:

[39-6306, added 1988, ch. 341, sec. 1, p. 1013; am. 1989, ch. 136, sec. 4, p. 305; am. 1990, ch. 234, sec. 1, p. 667; am. 1991, ch. 300, sec. 1, p. 787; am. 1995, ch. 357, sec. 1, p. 1212; am. 2000, ch. 227, sec. 3, p. 640; am. 2006, ch. 287, sec. 1, p. 883.]
Idaho Code § 39-3358 — Idaho Code / Title 39 / Chapter 33 / Section 39-3358
39-3358 SPECIFIED REMEDIES.
Status: in_force

39-3358. Specified remedies. (1) The department shall establish at least the following remedies:

(a) Prohibit the facility from admitting residents or prohibit a facility from keeping or admitting residents with a specific diagnosis.

(b) A civil money penalty assessed and collected, with interest, for each day the facility is or was out of compliance with a requirement of this chapter. Funds collected by the department as a result of imposition of such a penalty shall be applied to the protection of the health or property of residents of residential or assisted living facilities that the department finds deficient, including payment for the costs of relocation of residents to other facilities, maintenance of operation of a facility pending correction of deficiencies or closure, and reimbursement of residents for personal funds lost.

(c) The appointment of temporary management to oversee the operation of the facility and to assure the health and safety of the facility's residents, where there is a need for temporary management while:

(i) There is an orderly closure of the facility.

(ii) Improvements are made in order to bring the facility into compliance with all the requirements of this chapter.

(iii) The temporary management under this clause shall not be terminated until the department has determined that the facility has the management capability to ensure continued compliance with all the requirements of this chapter.

(d) The authority, in the case of an emergency, to summarily suspend the license, to close the facility, and/or to transfer residents in that facility to other facilities.

(2) The department shall also specify criteria as to when and how each of such remedies is to be applied, the amounts of any fines, and the severity of each of these remedies, to be used in the imposition of such remedies. Such criteria shall be designed so as to minimize the time between the identification of violations and final imposition of the remedies and shall provide for the imposition of incrementally more severe fines for repeated or uncorrected deficiencies.

History:

[39-3358, added 1990, ch. 116, sec. 2, p. 258; am. 2000, ch. 274, sec. 43, p. 827.]
Idaho Code § 39-4306 — Idaho Code / Title 39 / Chapter 43 / Section 39-4306
39-4306 VIOLATIONS MISDEMEANORS — CIVIL PENALTIES.
Status: in_force

39-4306. Violations misdemeanors — Civil penalties. Any person, partnership, company, firm, association or corporation who shall willfully violate any of the provisions of this chapter, or the rules of the factory built structures advisory board or of the administrator herein provided for, or who shall refuse to perform any duty lawfully enjoined upon him by the administrator within the prescribed time; or who shall fail, neglect, or refuse to obey any lawful order given or made by the administrator, shall be guilty of a misdemeanor. In addition to any criminal proceedings, the administrator is authorized to bring either an administrative action or a civil proceeding in the courts against the violator and impose and recover a civil penalty against the violator as established by administrative rule, but not to exceed one thousand dollars ($1,000). Each day of such violation shall constitute a separate offense. A violation will be considered a second or additional offense only if it occurs within one (1) year from the previous violation.

History:

[39-4306, added 2007, ch. 252, sec. 5, p. 742; am. 2016, ch. 342, sec. 7, p. 971.]
Idaho Code § 39-5703 — Idaho Code / Title 39 / Chapter 57 / Section 39-5703
39-5703 POSSESSION, DISTRIBUTION, OR USE BY A MINOR.
Status: in_force

39-5703. Possession, distribution, or use by a minor. (1) It shall be unlawful for a minor to possess, receive, purchase, use, or consume tobacco products or electronic smoking devices or to attempt any of the foregoing.

(2) It shall be unlawful for a minor to sell or distribute tobacco products or electronic smoking devices or to attempt either of the foregoing.

(3) It shall be unlawful for a minor to provide false identification or make any false statement regarding their age in an attempt to obtain tobacco products or electronic smoking devices.

(4) A minor who is assisting with a random unannounced inspection in accordance with this chapter shall not be in violation of this chapter.

(5) A minor may possess but not sell or distribute tobacco products or electronic smoking devices in the course of employment, for duties such as stocking shelves or carrying purchases to customers' vehicles.

(6) Penalties for violations by a minor. A violation of subsection (1) of this section by a minor shall constitute an infraction and shall be punishable by a fine of seventeen dollars and fifty cents ($17.50). The first violation of subsection (2) or (3) of this section by a minor shall constitute an infraction and shall be punishable by a fine of two hundred dollars ($200). A subsequent violation of subsection (2) or (3) of this section by a minor shall constitute a misdemeanor and shall be punishable by imprisonment in an appropriate facility not exceeding thirty (30) days, a fine not exceeding three hundred dollars ($300), or both such fine and imprisonment. The court may, in addition to the penalties provided in this section, require the minor and, if the minor is under eighteen (18) years of age, the minor's parents or legal guardian to attend tobacco product or electronic smoking device awareness programs or to perform community service in programs related to tobacco product or electronic smoking device awareness.

History:

[39-5703, added 1998, ch. 418, sec. 2, p. 1317; am. 2012, ch. 39, sec. 2, p. 119; am. 2015, ch. 158, sec. 1, p. 553; am. 2020, ch. 318, sec. 3, p. 908; am. 2022, ch. 113, sec. 2, p. 418.]
Idaho Code § 39-1447 — Idaho Code / Title 39 / Chapter 14 / Section 39-1447
39-1447 POWERS.
Status: in_force

39-1447. Powers. The authority shall have the following powers together with all powers incidental thereto or necessary for the performance thereof:

(1) to have perpetual succession as a body politic and corporate;

(2) to adopt by-laws for the regulation of its affairs and the conduct of its business;

(3) to sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties;

(4) to have and to use a corporate seal and to alter the same at pleasure;

(5) to maintain an office at such place or places as it may designate;

(6) to determine the location and character of any facility to be financed under the provisions of this act to acquire, construct, reconstruct, renovate, improve, replace, maintain, repair, operate, lease as lessee or lessor and regulate the same, to enter into contracts for any and all of such purposes and for the management and operation of a facility to designate a participating health institution as its agent to determine the location and character of a facility undertaken by such participating health institution, under the provisions of this act and, as agent of the authority, to acquire, construct, reconstruct, renovate, replace, improve, maintain, repair, operate, lease as lessee or lessor and regulate the same, and, as agent of the authority, to enter into contracts for any and all of such purposes including contracts for the management and operation of such facility;

(7) to lease to a participating health institution any or all of the facilities upon such terms and conditions as the authority shall deem proper, and to charge and collect rent therefor and to terminate any such lease upon the failure of the lessee to comply with any of the obligations thereof; and to include in any such lease, if desired, provisions that the lessee thereof shall have options to renew the term of the lease for such period or periods and at such rent and upon such terms or conditions as shall be determined by the authority or to purchase any or all of the facilities or that upon payment of all of the indebtedness incurred by the authority for the financing of such facilities the authority may convey any or all of the facilities to the lessee or lessees thereof with or without consideration;

(8) to borrow money and to issue bonds, notes, bond anticipation notes or other obligations for any of its corporate purposes and to refund the same, all as provided for in this act;

(9) generally to fix and revise from time to time and charge and collect rates, rents, fees and charges for the use of and services furnished or to be furnished by facilities or any portion thereof and to contract with any person, association, partnership, firm or corporation or other body public or private in respect thereof;

(10) to establish rules and regulations for the use of facilities and to designate a participating health institution as its agent, to establish rules and regulations for the use of the facilities undertaken or operated by such participating health institution; to employ or contract for consulting engineers, architects, attorneys, accountants, construction and financial experts, superintendents, managers and such other employees and agents as may be necessary in its judgment and to fix their compensation;

(11) to receive and accept from the federal government or the state of Idaho or any other public agency loans or grants for or in aid of the construction of facilities or any portion thereof, or for equipping the same, and to receive and accept grants, gifts or other contributions from any source;

(12) to mortgage all or any portion of the facilities and the site or sites thereof, whether then owned or thereafter acquired, for the benefit of the holders of bonds issued to finance such facilities or any portion thereof;

(13) to make loans to any participating health institution, for the cost of the facilities in accordance with an agreement between the authority and such participating health institution; provided that no such loan shall exceed the total cost of such facilities as determined by such participating health institution, and approved by the authority;

(14) to make mortgage loans or other secured or unsecured loans to a participating health institution, to refund outstanding obligations, mortgages or advances issued, made or given by such institution for the cost of its facilities including the function to issue bonds and make loans to a participating health institution, to refinance outstanding obligations and indebtedness incurred for facilities undertaken and completed prior to or after the enactment of this act and when the authority finds that such financing is in the public interest and either alleviates the financial hardship upon the participating health institution or is in connection with other financing by the authority for such participating health institution or may be expected to result in a lesser cost of patient care and a saving to third parties, including state or federal governments, and to others who must pay for such health care, or any combination thereof;

(15) to do all things necessary and convenient to carry out the purposes of this act;

(16) to charge to and equitably apportion among participating health institutions its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this act;

(17) to make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this act.

The authority shall not have the power to operate the facilities as a business other than as a lessee or lessor. Any lease of the facilities entered into pursuant to the provisions of this act shall provide for rentals adequate to pay principal and interest on such bonds as the same fall due and to create and maintain such reserves and accounts for depreciation as the authority shall determine to be necessary.

History:

[39-1447, added 1972, ch. 134, sec. 7, p. 286; am. 1973, ch. 178, sec. 5, p. 393; am. 1976, ch. 183, sec. 2, p. 659; am. 1985, ch. 72, sec. 1, p. 143.]
Idaho Code § 39-5007 — Idaho Code / Title 39 / Chapter 50 / Section 39-5007
39-5007 REPORTS OF EACH CENTER.
Status: in_force

39-5007. Reports of each center. The director of each center shall report to the administrator or his/her designee, and shall evaluate the effectiveness of the job training, placement and service to displaced homemakers, including the number of persons trained, the number of persons placed in employment, follow-up data on such persons, the number of persons served by the various service programs, and cost effectiveness of the various components of the center. The administrator shall report annually to the education committees of the house of representatives and the senate of the legislature on the status of the displaced homemaker program. The report shall be filed not later than the fifteenth legislative day and in addition to compilations of the information received from each center, may include recommendations of the administrator relating to the program.

History:

[(39-5007) 39-4907, added 1980, ch. 333, sec. 1, p. 861; am. and redesig. 2005, ch. 25, sec. 65, p. 106.]
Idaho Code § 39-8605 — Idaho Code / Title 39 / Chapter 86 / Section 39-8605
39-8605 ADMINISTRATOR'S RULEMAKING AUTHORITY.
Status: in_force

39-8605. Administrator's rulemaking authority. The administrator may adopt rules and codes governing the operation, installation, alteration, maintenance, inspection and repair of conveyances and shall adopt minimum standards governing existing installations. The administrator may adopt such rules and fees as are reasonably necessary to establish and administer the provisions of this chapter.

History:

[39-8605, added 2004, ch. 359, sec. 1, p. 1069.]
Idaho Code § 39-3505 — Idaho Code / Title 39 / Chapter 35 / Section 39-3505
39-3505 RULES.
Status: in_force

39-3505. Rules. The board shall have the power and it shall be its duty to promulgate appropriate rules necessary to implement and enforce the standards for certified family homes pursuant to this chapter, including but not limited to the following:

(1) The care provider shall admit or retain no more than two (2) residents concurrently in the certified family home. However, the department may grant a variance for up to four (4) residents to receive care in the certified family home upon application by the care provider and upon a finding by the department that the certified family home is able to comply with the requirements of section 39-3507, Idaho Code. The department shall not grant a variance for requests to admit or retain more than two (2) residents who require care at a nursing facility as defined in section 39-1301, Idaho Code. A variance to exceed the two (2) resident limit in a certified family home shall not be transferable to another resident or care provider. Certified family homes issued a variance to exceed the two (2) resident limit shall be subject to all statutes and rules governing certified family homes but shall not be subject to the residential care facility administrator licensing requirements of chapter 16, title 54, Idaho Code, or the requirements of section 39-3340, Idaho Code. Nothing in this subsection shall be construed to authorize increased group size for providers of any form of care other than certified family homes.

(2) The care provider shall live in the certified family home as the care provider's primary residence.

(3) An individual cannot be approved as a care provider operating a certified family home if the individual charges room or board to any person staying in the home who is not a resident, a relative of the care provider, or full-time staff. A variance may be granted by the department for the spouse of a resident when the resident's spouse does not require personal assistance.

(4) A home cannot be approved as a certified family home and for child foster care at the same time unless a variance is granted by the department.

(5) The care provider, care provider's relative, or other adult living in the home shall not be the legal guardian of the resident unless the legal guardian is a relative of the resident. A variance may be granted by the department when it determines the guardianship is in the best interest of the nonrelative resident.

(6) The care provider must have sufficient resources to maintain the home and the services offered.

(7) Information obtained by the care provider about current or prospective residents shall be held confidential as described under section 39-3516(7), Idaho Code.

(8) The board may implement recordkeeping and reporting requirements as deemed necessary.

(a) The certified family home shall maintain and keep current a record of at least the following information for each resident:

(i) Admission records, including but not limited to the admission agreement, assessment, plan of service, history and physical examination, review of resident rights policy, emergency contacts, advance directives if so formulated by the resident, and a list of belongings the resident or resident representative chooses to inventory; and

(ii) Ongoing resident records as applicable, including but not limited to: medication management; incidents, accidents, or changes in the resident's condition and the care provider's response; and financial accounting records for use of the resident's funds when the care provider is deemed to be managing such funds on behalf of the resident.

(b) The care provider shall report at least the following:

(i) To the certifying agent: any incident of house fire in the certified family home; any criminal investigation or conviction, or child protection or adult protection investigation, when the alleged perpetrator is the care provider, a substitute caregiver, or any adult member of the household; any critical incident; and any resident discharge from the home;

(ii) To the Idaho commission on aging: in accordance with section 39-5303, Idaho Code, any abuse, neglect, or exploitation of a vulnerable adult when the care provider has reasonable cause to believe that such has occurred; and

(iii) To local law enforcement: any serious physical injury to or the death of a resident when there is reasonable cause to believe the harm was due to abuse or neglect.

(9) The board may implement requirements to ensure the safety and adequate care of residents. The care provider shall be responsible for ensuring appropriate and adequate supervision is provided to each resident based on the resident's plan of service.

(10) The board may implement requirements for management of medications, including:

(a) Development of acceptable policies and procedures regarding the following:

(i) Following the orders of the resident's health care professionals;

(ii) Maintaining evidence of such orders; and

(iii) Training guidance that must be completed prior to any individual assisting the resident with medications;

(b) For residents who wish to self-administer their own medications, the evaluation and approval criteria that shall be met prior to the care provider allowing the resident to self-administer medications; and

(c) For residents who need assistance with medications:

(i) Conditions under which certified family home staff may offer assistance, taking into consideration the resident's health status, level of assistance needed, and scope of any professional license held by the individual offering assistance;

(ii) Storage and safeguarding of medications, including taking regular inventory of narcotic medications;

(iii) Documentation of assistance; and

(iv) Proper and timely disposal of discontinued, unused, loose, or expired medications.

(11) The certified family home staff shall allow certifying agents to inspect and investigate the certified family home as necessary to determine compliance with this chapter and the department's rules.

(12) The board may establish rules for the revocation of certification or other enforcement actions.

History:

[39-3505, added 2024, ch. 63, sec. 9, p. 316; am. 2025, ch. 98, sec. 7, p. 538; am. 2025, ch. 122, sec. 34, p. 640.]
Idaho Code § 39-3604 — Idaho Code / Title 39 / Chapter 36 / Section 39-3604
39-3604 DESIGNATION OF INSTREAM BENEFICIAL USES.
Status: in_force

39-3604. Designation of instream beneficial uses. (1) The director shall designate the beneficial uses each surface water body can reasonably be expected to attain.

(2) Designated beneficial uses shall reflect existing uses. The director shall designate beneficial uses without regard to whether the uses are currently being attained or whether the uses are fully supported at the time of designation. In designating beneficial uses, the director shall consider:

(a) The existing uses of the water body;

(b) The physical, geological, hydrological, atmospheric, chemical and biological measures that affect the water body;

(c) The beneficial use attainability measures identified in section 39-3607, Idaho Code; and

(d) The economic impact of the designation and the economic costs required to fully support the beneficial uses.

(3) When designating beneficial uses for a water body, the director shall consult with the basin advisory group and the watershed advisory group with the responsibilities described in this chapter for the water body. After consultation, the director shall identify the designated beneficial uses of each water body in the rules of the department pursuant to the rulemaking and public participation provisions of chapter 52, title 67, Idaho Code.

(4) Persons who either conduct nonpoint activities or who conduct operations on waters described in section 39-3609, Idaho Code, pursuant to a national pollution discharge elimination system permit, shall not be required to meet water quality criteria other than those necessary for the full support of a water body's existing and designated beneficial uses, except as provided in section 39-3611, Idaho Code.

History:

[39-3604, added 1995, ch. 352, sec. 1, p. 1170; am. 1997, ch. 279, sec. 2, p. 832; am. 2013, ch. 348, sec. 2, p. 945.]
Idaho Code § 39-9107 — Idaho Code / Title 39 / Chapter 91 / Section 39-9107
39-9107 COMMUNITY CONTRIBUTION.
Status: in_force

39-9107. COMMUNITY CONTRIBUTION. Communities that receive state funding to establish a crisis center shall, to the maximum extent possible, contribute financial or in-kind support to the development and operation of the crisis center.

History:

[39-9107, added 2014, ch. 131, sec. 1, p. 366.]
Idaho Code § 39-3639 — Idaho Code / Title 39 / Chapter 36 / Section 39-3639
39-3639 CONTINUATION OF COTTAGE SITE LEASE PROGRAM.
Status: in_force

39-3639. Continuation of cottage site lease program. (1) The legislature of the state of Idaho recognizes that certain state lands are presently leased for cottage site uses and are subject to leases and contracts duly authorized by law. It is legislative intent to continue to recognize such leases. However, it is also legislative intent that no new or additional lands be platted, subdivided or leased for cottage site leases, unless and until the condition and precedents listed below have been met.

(2) No additional state lands shall be further platted or subdivided, nor any new cottage site leases entered into, unless and until the following provisions have been met:

(a) The department of lands shall have completed a comprehensive planning process, as to its further participation in, and extension of, the cottage site lease program;

(b) The department of lands shall complete a comprehensive planning process as to the extension of cottage site leasing for that immediate geographic area;

(c) No new cottage site leases shall be entered into unless and until an adequate water system and an adequate sewage collection and treatment system have been installed. Both of these systems shall meet applicable state health standards and rules. (i) The costs for providing these systems shall be incorporated into the annual lease rates for the newly created serviced lots, unless other specific provisions for payment have been required by the state board of land commissioners. (ii) As an alternate means of securing the necessary funds for the construction of water and sewer systems which must meet state standards and rules, the state board of land commissioners may include as a condition of the new lease the requirement that the lessee must prepay his share of the construction costs of the water and sewer system. In all cases, however, such prepayment shall be made, and adequate water and sewer systems shall be installed and in operation before such cottage sites may be inhabited.

(3) The provisions of subsection (1) herein shall not apply to unimproved lots within cottage subdivisions in which at least eighty per cent (80%) of the lots already have cottages upon them.

History:

[(39-3639) I.C., sec. 39-3613, as added by 1975, ch. 128, sec. 1, p. 280; am. and redesig. 1995, ch. 352, sec. 23, p. 1192.]
Idaho Code § 39-4701 — Idaho Code / Title 39 / Chapter 47 / Section 39-4701
39-4701 SHORT TITLE.
Status: in_force

39-4701. SHORT TITLE. This act shall be known and may be cited as the "Yellow Dot Motor Vehicle Medical Information Act."

History:

[39-4701, added 2020, ch. 283, sec. 1, p. 824.]
Idaho Code § 39-2602 — Idaho Code / Title 39 / Chapter 26 / Section 39-2602
39-2602 DEFINITIONS.
Status: in_force

39-2602. Definitions. As used in this chapter, these terms shall have the following meanings:

(1) "Authority having jurisdiction" means a city fire department if the area is within a city, or a fire protection district formed pursuant to provisions of the Idaho Code if the area is within a fire protection district, or the county commission if the area is not within a city or fire protection district.

(2) "Department" means the department of insurance, division of the state fire marshal.

(3) "Fireworks" means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation. Fireworks include items classified as common or special fireworks by the United States bureau of explosives or contained in the regulations of the United States department of transportation and designated as UN 0335 1.3G or UN 0336 1.4G. The term "fireworks" shall not include any automotive safety flares, toy guns, toy cannons, caps or other items designed for use with toy guns or toy cannons, party poppers, pop-its or other devices which contain twenty-five hundredths (.25) of a grain or less of explosive substance.

(4) "Importer" means any person who, for any purpose other than personal use, or a use associated with a specific public display or other event permit, is the first receiver of any fireworks in this state.

(5) "License" means a nontransferable, formal authorization, issued by the department to engage in the acts of importing fireworks into this state or operating a wholesale fireworks business within this state.

(6) "Nonaerial common fireworks" means any fireworks such as ground spinners, fountains, sparklers, smoke devices or snakes designed to remain on or near the ground and not to travel outside a fifteen (15) foot diameter circle or emit sparks or other burning material which land outside a twenty (20) foot diameter circle or above a height of twenty (20) feet. Nonaerial common fireworks do not include firecrackers, jumping jacks, or similar products.

(7) "Permit" means an authorization given by the authority having jurisdiction pursuant to section 39-2604 or 39-2605, Idaho Code.

(8) "Special fireworks" means any fireworks designed primarily for display and classified as special fireworks by the United States bureau of explosives or designated as UN 0335 1.3G.

(9) "Wholesale" means sale of fireworks to a retailer or wholesaler.

History:

[39-2602, added 1997, ch. 246, sec. 2, p. 710.]
Idaho Code § 39-1346B — Idaho Code / Title 39 / Chapter 13 / Section 39-1346B
39-1346B TREASURER OF HOSPITAL — INVESTMENT LIMITATIONS.
Status: in_force

39-1346B. treasurer of hospital — investment limitations. It shall be the duty of the treasurer of a hospital district to invest idle moneys of such hospital. Such investment of idle moneys shall be limited to investments that carry an A rating or better by a commonly known rating service and that are authorized by the legislature for the state treasurer pursuant to sections 67-1210 and 67-1210A, Idaho Code.

History:

[39-1346B, added 2015, ch. 206, sec. 1, p. 634.]
Idaho Code § 39-424 — Idaho Code / Title 39 / Chapter 4 / Section 39-424
39-424 COST OF MAINTENANCE OF DISTRICT — APPORTIONMENT TO MEMBER COUNTIES.
Status: in_force

39-424. Cost of maintenance of district — Apportionment to member counties. The manner of apportioning the contributions of the counties as part of the budget of the health district, created pursuant to section 39-423, Idaho Code, shall be as follows:

(1) Seventy percent (70%) of the amount to be contributed by the counties shall be apportioned among the various counties within the health district on the basis of population. The proportion of the total population of each county as compared to the total population of the health district shall be the proportion by which such county shall share in the contribution of county funds for the maintenance of the health district, pursuant to this subsection. The population will be determined by the last general census when applicable. When a general census number is not applicable, population shall be estimated for each county by the state department of commerce and such estimated population number shall be certified to each health district by not later than April 1.

(2) Thirty percent (30%) of the amount to be contributed by the counties shall be apportioned among the counties within the district on the basis of taxable market value for assessment purposes. The proportion of the total taxable market value for assessment purposes of each county as compared to the total taxable market value for assessment purposes of the health district shall be the proportion by which such county shall share in the contribution of funds for the maintenance of the health district, pursuant to this subsection. Total taxable market value for assessment purposes shall mean the total taxable market value for assessment purposes as computed by the county assessor for the preceding full calendar year. Taxable market value for each county shall be certified to the health districts by the state tax commission for the preceding year.

History:

[39-424, added 1976, ch. 179, sec. 8, p. 649; am. 1986, ch. 63, sec. 8, p. 185; am. 1999, ch. 61, sec. 6, p. 162.]
Idaho Code § 39-3402 — Idaho Code / Title 39 / Chapter 34 / Section 39-3402
39-3402 DEFINITIONS.
Status: in_force

39-3402. Definitions. In this chapter:

(1) "Adult" means an individual who is at least eighteen (18) years of age.

(2) "Agent" means an individual:

(a) Authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or

(b) Expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal.

(3) "Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research or education.

(4) "Decedent" means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than this chapter, a fetus.

(5) "Disinterested witness" means a witness other than the spouse, child, parent, sibling, grandchild, grandparent or guardian of the individual who makes, amends, revokes or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to which an anatomical gift could pass under section 39-3412, Idaho Code.

(6) "Document of gift" means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver's license, identification card or donor registry.

(7) "Donor" means an individual whose body or part is the subject of an anatomical gift.

(8) "Donor registry" means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts.

(9) "Driver's license" means a license or permit issued by the Idaho transportation department to operate a vehicle, whether or not conditions are attached to the license or permit.

(10) "Eye bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of human eyes or portions of human eyes.

(11) "Guardian" means a person appointed by a court to make decisions regarding the support, care, education, health or welfare of an individual. The term does not include a guardian ad litem.

(12) "Hospital" means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state.

(13) "Identification card" means an identification card issued by the Idaho transportation department.

(14) "Know" means to have actual knowledge.

(15) "Minor" means an individual who is under eighteen (18) years of age.

(16) "Organ procurement organization" means a person designated by the secretary of the United States department of health and human services as an organ procurement organization.

(17) "Parent" means a parent whose parental rights have not been terminated.

(18) "Part" means an organ, an eye, or tissue of a human being. The term does not include the whole body.

(19) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

(20) "Physician" means an individual authorized to practice medicine or osteopathy under the law of any state.

(21) "Procurement organization" means an eye bank, organ procurement organization, or tissue bank.

(22) "Prospective donor" means an individual who is dead or near death and who has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research or education. The term does not include an individual who has made a refusal.

(23) "Reasonably available" means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.

(24) "Recipient" means an individual into whose body a decedent's part has been or is intended to be transplanted.

(25) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(26) "Refusal" means a record created under section 39-3407, Idaho Code, that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part.

(27) "Sign" means, with the present intent to authenticate or adopt a record:

(a) To execute or adopt a tangible symbol; or

(b) To attach to or logically associate with the record an electronic symbol, sound or process.

(28) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(29) "Technician" means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited or regulated under federal or state law. The term includes an enucleator.

(30) "Tissue" means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education.

(31) "Tissue bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of tissue.

(32) "Transplant hospital" means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.

History:

[39-3402, added 2007, ch. 30, sec. 2, p. 61.]
Idaho Code § 39-4435 — Idaho Code / Title 39 / Chapter 44 / Section 39-4435
39-4435 MINIMUM SITING CRITERIA FOR HAZARDOUS WASTE FACILITIES.
Status: in_force

39-4435. minimum siting criteria for hazardous waste facilities. (1) A new hazardous waste facility shall not be sited:

(a) Where:

(i) The seasonal high depth of ground water, beneath the proposed site, is less than one hundred (100) feet below the lowest point of disposal. Perched saturated zones may be exempt from exclusionary criteria if it can be demonstrated that the saturated zone has no economic or consumptive usable purpose;

(ii) The thickness of fine-grained unconsolidated sediments above the water table is less than twenty-five (25) feet; or

(iii) The depth to fractured rock is less than one hundred (100) feet below the lowest point of disposal; or

(b) Within:

(i) Two thousand five hundred (2,500) feet of surface water bodies;

(ii) One thousand (1,000) feet of existing public, private, or irrigation water supply wells, unless it can be demonstrated that natural hydrogeologic barriers isolate the site location from the aquifer;

(iii) A five hundred (500) year floodplain;

(iv) Areas that are in close proximity to active fault zones or other tectonically active or unstable areas; or

(v) Areas overlying any subsurface mining.

(2) A new hazardous waste disposal or incineration facility shall not be sited within:

(a) Five thousand (5,000) feet of any off-site residential structure that is routinely occupied at least eight (8) hours per day;

(b) Three (3) miles of schools, airports, hospitals, or churches; or

(c) Three (3) miles from a population center greater than one hundred fifty (150) people.

(3) Incineration facilities may not be located in a class I area designated in accordance with section 162 or 164 of the federal clean air act.

(4) An area of at least five hundred (500) feet surrounding the active disposal location portion of the site shall be provided as an inactive buffer zone.

History:

[39-4435, added 2026, ch. 89, sec. 11, p. 471.]
Idaho Code § 39-2502 — Idaho Code / Title 39 / Chapter 25 / Section 39-2502
39-2502 DEFINITIONS.
Status: in_force

39-2502. definitions. [EFFECTIVE UNTIL JUNE 30, 2029] As used in this chapter:

(1) "Applicant" means an individual submitting documents required by the department of health and welfare for the purpose of requesting a grant from the rural nursing loan repayment program.

(2) "Application period" means the time period from October 1 to November 30 of the state fiscal year for which funding is requested.

(3) "Approval" means written notification that the application will be awarded funding through the rural nursing loan repayment program.

(4) "Board" means the rural nursing loan repayment grant review board.

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

(6) "Director" means the director of the department.

(7) "Eligible area" means:

(a) A rural area also designated by the United States secretary of health and human services as a health professional shortage area;

(b) A county without a population center of twenty thousand (20,000) or more persons; or

(c) All certified Idaho critical access hospitals.

(8) "Eligible employer" means:

(a) Critical access hospitals, federally qualified health centers, rural health clinics, long-term care facilities, public health districts, state hospitals, licensed home health agencies, licensed hospice agencies, rural health care clinics, tribal clinics, veterans health administration hospitals, veterans health administration clinics, veterans health administration long-term care homes, or Indian health service clinics; or

(b) Any other employer located in a rural area that employs nurses for purposes of providing nursing services to patients, as determine by the board.

(9) "Grant period" means the time immediately following the application period from December 1 through June 30 for which funding is granted.

(10) "Nurse" means a licensed practical nurse or a registered nurse pursuant to chapter 14, title 54, Idaho Code.

(11) "Qualified nursing education debt" means a debt with a financial aid program or financial institution incurred to meet the educational costs of attending an accredited nursing school.

(12) "Recipient" means an individual who receives a grant pursuant to this chapter.

(13) "Rural nurse" means a licensed nurse who spends a minimum of thirty-two (32) hours per week, on average, providing nursing care to patients in an eligible area.

(14) "Rural nursing loan repayment fund" or "fund" means the fund in the state treasury established in section 39-2503, Idaho Code.

(15) "Rural nursing loan repayment grant" or "grant" means a grant awarded pursuant to this chapter.

(16) "Rural nursing loan repayment program" or "program" means the rural nursing loan repayment program established by this chapter.

History:

[39-2502, added 2023, ch. 60, sec. 1, p. 218.]
Idaho Code § 39-1307 — Idaho Code / Title 39 / Chapter 13 / Section 39-1307
39-1307 PENALTY FOR OPERATING A FACILITY WITHOUT LICENSE.
Status: in_force

39-1307. penalty for operating a facility without license. Any person establishing, conducting, managing, or operating a hospital, nursing facility, or intermediate care facility without a license pursuant to sections 39-1301 through 39-1309, Idaho Code, shall be guilty of a misdemeanor. A violation of this section is punishable by imprisonment in a county jail for a term not exceeding six (6) months, or by a fine not exceeding three hundred dollars ($300), or by both. Each day of continued violation of the provisions of this section shall constitute a separate offense.

History:

[39-1307, added 2025, ch. 122, sec. 26, p. 636.]
Idaho Code § 39-9004 — Idaho Code / Title 39 / Chapter 90 / Section 39-9004
39-9004 ENFORCEMENT.
Status: in_force

39-9004. ENFORCEMENT. (1) No public official, employee, or agent of the state of Idaho or any of its political subdivisions, shall act to impose, collect, enforce, or effectuate any penalty in the state of Idaho that violates the public policy set forth in section 39-9003(2), Idaho Code.

(2) The attorney general shall take such action as is provided in section 67-1401(15), Idaho Code, in the defense or prosecution of rights protected under this act.

History:

[39-9004, added 2010, ch. 46, sec. 1, p. 85.]
Idaho Code § 39-8808 — Idaho Code / Title 39 / Chapter 88 / Section 39-8808
39-8808 INSPECTIONS.
Status: in_force

39-8808. Inspections. (1) Underground storage tank systems regulated under this chapter which have not been inspected by the department or the United States environmental protection agency since December 22, 1998, shall be inspected by the department in compliance with this chapter.

(2) After completion of all inspections required under subsection (1) of this section, the department or a third party inspector certified by an approved state or national program, shall conduct on-site inspections of underground storage tank systems regulated under this chapter at least once every three (3) years to determine compliance with this chapter.

(3) If the department conducts the inspection, it shall not charge an additional fee for the inspection.

History:

[39-8808, added 2007, ch. 29, sec. 1, p. 59; am. 2016, ch. 52, sec. 3, p. 149.]
Idaho Code § 39-2506 — Idaho Code / Title 39 / Chapter 25 / Section 39-2506
39-2506 ELIGIBILITY FOR GRANTS.
Status: in_force

39-2506. ELIGIBILITY FOR GRANTS. [EFFECTIVE UNTIL JUNE 30, 2029] (1) A nurse who meets the following requirements is eligible to apply for a rural nursing loan repayment grant award:

(a) During the period covered by the award, the nurse must be a rural nurse providing nursing care in an eligible area. A nurse may provide patient care services in nursing care in more than one (1) eligible area;

(b) The nurse must be licensed as a licensed practical nurse or a registered nurse and must have completed an accredited nursing program; and

(c) The nurse must hold an unrestricted Idaho nursing license and must be able to meet the nursing requirements of the eligible employer.

(2) Nurses receiving or having received other nursing educational loan repayment through programs such as the rural health care access program and the state loan repayment program are not eligible for this program.

(3) Advanced practice registered nurses are not eligible for this program.

History:

[39-2506, added 2023, ch. 60, sec. 1, p. 220.]
Idaho Code § 39-110 — Idaho Code / Title 39 / Chapter 1 / Section 39-110
39-110 REGISTRATION OF PERSONS ENGAGED IN OPERATIONS OR CONSTRUCTION WHERE AIR POLLUTION IS A FACTOR — REPORTS.
Status: in_force

39-110. Registration of persons engaged in operations or construction where air pollution is a factor — Reports. The director may require the registration of persons engaged in operations which may result in air pollution, and of persons causing, permitting or allowing construction of any facility or new equipment capable of emitting air contaminants into the atmosphere, or designed to eliminate or reduce emissions into the atmosphere, and the filing of reports by them with the department relating to locations, size of outlet, height of outlet, rate and period of emission and composition of effluent, and such other information as the director shall prescribe relative to air pollution.

History:

[39-110, added 1972, ch. 347, sec. 10, p. 1017; am. 1986, ch. 60, sec. 5, p. 175; am. 2000, ch. 132, sec. 18, p. 333.]
Idaho Code § 39-1205 — Idaho Code / Title 39 / Chapter 12 / Section 39-1205
39-1205 EVALUATION OF DISCLOSURE REPORTS.
Status: in_force

39-1205. Evaluation of disclosure reports. The department shall review all initial and annual update disclosure reports and shall categorize each children's institution, based on the type of care provided, into one (1) of the following categories:

(1) Foster homes;

(2) Residential schools;

(3) Children's camps;

(4) Children's therapeutic outdoor program; or

(5) Each children's institution not otherwise categorized in subsections (1) through (4) of this section, except any day school, shall be designated as a "children's residential care facility."

History:

[39-1205, added 1990, ch. 215, sec. 6, p. 572; am. 2001, ch. 93, sec. 6, p. 238; am. 2002, ch. 219, sec. 3, p. 601.]
Idaho Code § 39-4303 — Idaho Code / Title 39 / Chapter 43 / Section 39-4303
39-4303 FEES.
Status: in_force

39-4303. Fees. (1) The following fees shall be paid by the manufacturer of a modular building:

(a) Per building, one (1) building permit, plan review and inspection fee for structural, plumbing, electrical and HVAC, based upon the modular building permit fee schedule as provided in rule, plus ninety dollars ($90.00) and two and one-half percent (2.5%) of the plumbing, electrical and HVAC installation costs.

(b) The division may charge a one hundred dollar ($100) insignia fee in instances where building permit fees are not charged for modular buildings.

(2) All fees collected by the division under the provisions of this chapter shall be paid into the occupational licenses fund. The expenses incurred in administering and enforcing the provisions of this chapter shall be paid from the fund. The fees set forth in subsection (1) of this section and the modular building permit fees as provided in rule shall be the exclusive fee requirements applicable to modular buildings governed by the provisions of this chapter and shall supersede any program of any political subdivision of the state that sets fee requirements for the same inspections or services.

History:

[39-4303, added 2007, ch. 252, sec. 5, p. 741; am. 2016, ch. 342, sec. 6, p. 971; am. 2020, ch. 278, sec. 1, p. 812; am. 2021, ch. 224, sec. 30, p. 670.]
Idaho Code § 39-2806 — Idaho Code / Title 39 / Chapter 28 / Section 39-2806
39-2806 ANNEXATION TO ABATEMENT DISTRICTS.
Status: in_force

39-2806. Annexation to abatement districts. Contiguous territories may be annexed to organized abatement districts upon petition of a majority of the legal voters in the territory seeking annexation and of the owners of more than half, by assessed value, of the taxable property in such territory, or by written request for annexation of a designated area, submitted to the trustees of the existing abatement district and signed by all members of the board of county commissioners in which county the territory seeking annexation is located. For annexations that will increase the size of an existing contiguous district, there shall be no size restriction on the property being annexed. Noncontiguous areas shall not be annexed unless the area meets the provisions of section 39-2801A, Idaho Code. Upon receiving this petition or written request, the trustees of the existing abatement district must submit the question of annexation to the legal voters of the district at an election held subject to the provisions of section 34-106, Idaho Code.

History:

[39-2806, added 1959, ch. 81, sec. 6, p. 186; am. 1993, ch. 81, sec. 1, p. 211; am. 1995, ch. 118, sec. 57, p. 473; am. 2007, ch. 188, sec. 6, p. 551.]
Idaho Code § 39-7916 — Idaho Code / Title 39 / Chapter 79 / Section 39-7916
39-7916 CONFLICTS CLAUSE.
Status: in_force

39-7916. Conflicts clause. If a conflict arises between this chapter and rules of the department regulating swine facilities, the most restrictive provision shall apply.

History:

[39-7916, added 2000, ch. 268, sec. 1, p. 768.]
Idaho Code § 39-7418 — Idaho Code / Title 39 / Chapter 74 / Section 39-7418
39-7418 FINANCIAL ASSURANCE FOR CLOSURE, POST-CLOSURE CARE, AND CORRECTIVE ACTION.
Status: in_force

39-7418. Financial assurance for closure, post-closure care, and corrective action. (1) These requirements shall apply to new MSWLF units, existing MSWLF units, and lateral expansions, except as exempted in 40 CFR 258.1(d) and 258.70(a).

(2) The requirements of this section are effective April 9, 1995, except for MSWLF units meeting the conditions of 40 CFR 258.1(f)(1), in which case the effective date is October 9, 1995, or at such later date upon subsequent amendment of 40 CFR 258.70 through 258.74.

(3) All MSWLF units shall be underwritten by financial assurance provisions as provided by the following:

(a) Closure as provided in 40 CFR 258.71;

(b) Post-closure care as provided in 40 CFR 258.72; and

(c) Corrective action as provided in 40 CFR 258.73.

(4) The financial assurance mechanisms provided for MSWLF units shall include any mechanism or a combination of mechanisms meeting the criteria of 40 CFR 258.74.

(5) Counties may use available borrowing capability through registered warrants for a prearranged amount and preapproved by a lending institution as a financial mechanism to assure assessment monitoring and corrective action needs.

(6) Subdivisions of the state may use any method provided by law to meet the requirements of this section.

(7) MSWLF units owned or operated by subdivisions of the state that qualify under 40 CFR 258.74(f) may include any mechanism allowed to them upon adoption and publication.

(8) Financial assurance funds for MSWLF units not located on federal or state lands shall be deposited in a county trust fund in the county in which the MSWLF unit is located. The county shall act as the trustee for the trust funds, and as named coprincipal for surety bonds, letters of credit, and insurance. As trustee, the county may require an independent audit of the adequacy of the financial assurance but shall not become liable for financial assurance except in the case of default as otherwise defined by federal and state law.

(9) The review and approval process for a financial assurance plan shall be conducted pursuant to this chapter.

History:

[(39-7418) 39-7417, added 1992, ch. 331, sec. 1, p. 990; am. 1993, ch. 139, sec. 19, p. 364; am. and redesig. 2026, ch. 7, sec. 22, p. 45.]
Idaho Code § 39-410 — Idaho Code / Title 39 / Chapter 4 / Section 39-410
39-410 DISTRICT BOARD OF HEALTH — ESTABLISHMENT.
Status: in_force

39-410. District board of health — Establishment. There is hereby created and established in each of the public health districts a district board of health, hereinafter referred to as the district board, which shall be vested with the authority, control, and supervision of the district health department, and with such powers as required to perform the duties as are set forth in this act and shall be responsible for supervision of all district health programs.

History:

[39-410, added 1970, ch. 90, sec. 3, p. 218; am. 1973, ch. 29, sec. 2, p. 56.]
Idaho Code § 39-4441 — Idaho Code / Title 39 / Chapter 44 / Section 39-4441
39-4441 REMEDY FOR DEVALUATION OF PROPERTY CAUSED BY APPROVED FACILITY.
Status: in_force

39-4441. REMEDY FOR DEVALUATION OF PROPERTY CAUSED BY APPROVED FACILITY. (1) Before construction of a hazardous waste facility, but in no case later than nine (9) months after approval of a site license for such facility, any owner or user of real property adversely affected by approval may bring an action in a district court of competent jurisdiction against the owner of the proposed facility.

(2) If a court determines that the planned construction and operation of the facility will result in the devaluation of the plaintiff's property or will otherwise interfere with the plaintiff's rights in the property, the court shall order the facility's owner to compensate the plaintiff in an amount equal to the value of the plaintiff's loss.

(3) The remedy provided by this section shall be in addition to other remedies provided by law for property owners or users aggrieved by the proposed construction and operation of a hazardous waste facility.

(4) Nothing in this chapter shall prevent a property owner or user aggrieved by the construction and operation of a facility from seeking damages that result from a subsequent modification of the design or operation of the facility, but such damages are limited to the incremental damage that results from such modification. Any action for such damages under this section shall be brought within nine (9) months after the siting license for modification of the design or operation of the facility is approved.

(5) For the purpose of assessing damages, the value of the rights affected shall be fixed at the date the siting license is approved and the actual value of the right at that date shall be the basis for the determination of the amount of damage suffered, and no improvements to the property subsequent to the date of approval of the plans shall be included in the assessment of damages. For any subsequent modification of a facility, the value is fixed at the date of approval of the siting license.

(6) The owner or operator of a proposed facility may at any time before an award of damages abandon the construction or operation of the facility or any modification thereof and cause the action to be dismissed. As a condition of dismissal, the facility's owner or operator shall compensate the plaintiff for any actual damage sustained as a result of construction or operation of the facility before abandonment together with court costs and reasonable attorney's fees.

(7) Nothing in this chapter shall prevent a court from enjoining any activity at a hazardous waste facility that is outside of, or not in compliance with, the terms and conditions of an approved hazardous waste operations permit issued pursuant to section 39-4409, Idaho Code.

History:

[39-4441, added 2026, ch. 89, sec. 17, p. 476.]
Idaho Code § 39-7417 — Idaho Code / Title 39 / Chapter 74 / Section 39-7417
39-7417 STANDARDS FOR POST-CLOSURE CARE.
Status: in_force

39-7417. Standards for post-closure care. (1) Post-closure maintenance standards apply to all MSWLF units that receive wastes on or after October 9, 1993, except as provided by 40 CFR 258.1.

(2) Post-closure care shall be conducted as provided in 40 CFR 258.61.

(3) The review and approval process for a post-closure care plan shall be conducted pursuant to this chapter.

History:

[(39-7417) 39-7416, added 1992, ch. 331, sec. 1, p. 989; am. 1993, ch. 139, sec. 18, p. 363; am. 1994, ch. 75, sec. 10, p. 170; am. and redesig. 2026, ch. 7, sec. 21, p. 44.]
Idaho Code § 39-1006 — Idaho Code / Title 39 / Chapter 10 / Section 39-1006
39-1006 PENALTY FOR VIOLATIONS.
Status: in_force

39-1006. Penalty for violations. Any person who violates the provisions of sections 39-1001—39-1006 shall be guilty of a misdemeanor; provided, however, that every licensed physician or other person attending a pregnant or recently delivered woman, who requests such sample in accordance with the provisions of sections 39-1001—39-1006, and whose request is refused, shall not be guilty of a misdemeanor.

History:

[39-1006, added 1943, ch. 26, sec. 6, p. 53.]
Idaho Code § 39-8008 — Idaho Code / Title 39 / Chapter 80 / Section 39-8008
39-8008 ADDITIONAL DUTIES OF ADMINISTRATOR — RIGHT OF INSPECTION — POSTING.
Status: in_force

39-8008. Additional duties of administrator — Right of inspection — Posting. (1) The administrator shall have authority under this section to enter all public school facilities covered by this chapter at reasonable times to inspect, on an annual basis, such facilities for compliance with the Idaho uniform school building safety code; provided however, that inspections shall take into account the age of the school facilities and the appropriate codes that would have been in effect at the time of the construction of such facilities; provided further, that regardless of the codes in effect at the time of construction, imminent safety hazards found in public school facilities shall be identified and the provisions of this chapter relating to such imminent safety hazards shall apply.

(2) If the administrator finds a violation of the Idaho uniform school building safety code that he concludes does not constitute an imminent safety hazard or serious safety hazard, he shall notify in writing the school district superintendent, principal, board member, or other person in charge. Such notification shall state, in bold print, that the citations for violations or nonconformances constitute recommendations only.

(3) If the administrator finds a violation of the Idaho uniform school building safety code that he concludes constitutes a serious safety hazard, he shall immediately issue a written order or notice requiring the school superintendent, principal, board of trustees or other person in charge to eliminate the condition without delay and within the time specified by the administrator in the notice or order, but not exceeding one (1) year. The administrator may also designate a licensed professional to independently evaluate the identified condition prior to issuing a written order to eliminate the condition.

(4) If the administrator finds a violation of the Idaho uniform school building safety code that he concludes constitutes an imminent safety hazard, he shall, within two (2) working days, designate a licensed professional to independently evaluate the identified condition prior to issuing any report under this chapter. That licensed professional shall, within fourteen (14) days, complete its independent evaluation of the condition identified by the administrator and notify the administrator of its conclusions. If the administrator determines that the condition constituting an imminent safety hazard could reasonably be expected to cause death or serious physical harm before the evaluation of the designated licensed professional can be completed and before the condition can be eliminated, he shall determine the extent of the area where such condition exists and thereupon shall issue a written order or notice requiring the school district superintendent, principal, board of trustees or other person in charge to cause all persons, except those necessary to eliminate the condition, to be withdrawn from and to be restrained from entering such area pending the evaluation of the designated licensed professional. This order shall be withdrawn if the evaluation of the designated licensed professional does not concur with the administrator that the condition constitutes an imminent safety hazard as could reasonably be expected to cause death or serious physical harm before the condition can be eliminated.

(5) If, upon receipt of the findings of the designated licensed professional, the administrator concludes that any condition identified by such licensed professional constitutes an imminent safety hazard, the administrator shall immediately serve, or cause to be served, written notice or order upon the school district superintendent, principal, board of trustees or other person in charge describing the imminent safety hazard. The administrator shall also notify in writing the state superintendent of public instruction of such imminent safety hazard. Upon receipt of such written notice or order, the school district superintendent, principal, board of trustees, or other person in charge shall require all changes necessary to eliminate the imminent safety hazard be made without delay and within the time specified by the administrator in the notice or order. If the condition presenting an imminent safety hazard is not corrected within the specified time, or if the administrator determines that the condition constituting such imminent safety hazard could reasonably be expected to cause death or serious physical harm before the condition can be eliminated, and if he has not previously done so, he shall determine the extent of the area where such condition exists and thereupon shall issue an order or notice requiring the school district superintendent, principal, board member, or other person in charge to cause all persons, except those necessary to eliminate the condition, to be withdrawn from and to be restrained from entering such area. The school district superintendent, principal, board member, or other person in charge shall assist the administrator as necessary to post such areas to prevent injury.

(6) If the administrator finds a violation of the Idaho uniform school building safety code that he concludes constitutes a serious safety hazard and issues a written order or notice requiring the conditions to be eliminated in not more than one (1) year, and the school superintendent, principal, board of trustees, or other person in charge contests the administrator's finding that the condition is a serious safety hazard, then the school superintendent, principal, board of trustees, or other person in charge shall have fourteen (14) days from the date of the issuance of the administrator's written order or notice to request a hearing to initiate a contested case under chapter 52, title 67, Idaho Code. If a hearing is requested, the superintendent of public instruction shall appoint a hearing officer to consider the contested case. All administrative proceedings under this subsection shall be expedited as necessary to assure that serious safety hazards are eliminated as required by this section if the administrator's initial determination that there was a serious safety hazard is confirmed in the contested case proceedings.

(7) The administrator shall monitor the school district's progress in addressing any identified imminent safety hazard or serious safety hazard to ensure that appropriate corrective action was taken. The administrator may extend the time for completing corrective action if he deems necessary.

(8) Upon completion of corrective action and verification of such completion by the division of occupational and professional licenses and the department of administration, the administrator shall provide a report to the state superintendent of public instruction, the local superintendent of schools and the chair of the local school board.

(9) Annual inspections of public school facilities conducted by the administrator under the provisions of this section shall be funded pursuant to legislative appropriation.

History:

[39-8008, added 2000, ch. 352, sec. 1, p. 1184; am. 2001, ch. 326, sec. 5, p. 1151; am. 2002, ch. 126, sec. 2, p. 353; am. 2002, ch. 158, sec. 3, p. 461; am. 2003, ch. 16, sec. 10, p. 56; am. 2010, ch. 166, sec. 3, p. 341; am. 2023, ch. 15, sec. 18, p. 84.]
Idaho Code § 39-605 — Idaho Code / Title 39 / Chapter 6 / Section 39-605
39-605 RULES FOR CARRYING OUT LAW.
Status: in_force

39-605. Rules for carrying out law. The state board of health and welfare is hereby empowered and directed to make such rules as shall, in its judgment, be necessary for the carrying out of the provisions of this chapter, including rules providing for the control and treatment of persons isolated or quarantined, and such other rules, not in conflict with provisions of this chapter, concerning the control of venereal diseases, and concerning the care, treatment and quarantine of persons infected therewith, as it may from time to time deem advisable. All such rules so made shall be of force and binding upon all county and municipal health officers and other persons affected by this chapter, and shall have the force and effect of law. Such rules may be amended from time to time by the state board of health and welfare. All rules must be entered on the minutes of the state board of health and welfare and copies shall be furnished to all county and municipal health officers and to anyone else who may apply for same. Such rules shall be adopted and become effective in accordance with the provisions of chapter 52, title 67, Idaho Code.

History:

[(39-605) 1921, ch. 200, sec. 5, p. 406; I.C.A., sec. 38-505; am. 1974, ch. 23, sec. 97, p. 633; am. 1993, ch. 216, sec. 24, p. 607; am. 2025, ch. 82, sec. 93, p. 377.]
Idaho Code § 39-262 — Idaho Code / Title 39 / Chapter 2 / Section 39-262
39-262 REGISTRATION OF MARRIAGE — MARRIAGE CERTIFICATES FILED.
Status: in_force

39-262. Registration of marriage — Marriage certificates filed. Every person who performs a marriage ceremony shall prepare and sign a certificate of marriage in duplicate, one (1) of which shall be given to the parties and the other filed by said person within ten (10) days after the ceremony with the county recorder. Every county recorder shall forward to the state registrar on or before the 15th day of each calendar month the certificates of marriage which were filed with said recorder during the preceding calendar month. The form of certificate of marriage shall be prescribed by the board, in accordance with the provisions of sections 32-401 and 32-402, Idaho Code. No certificate shall be deemed complete until every item of information required shall have been provided or its omission satisfactorily accounted for.

History:

[(39-262) 1949, ch. 72, sec. 27, p. 117; am. and redesignated 1983, ch. 7, sec. 24, p. 37.]
Idaho Code § 39-4512 — Idaho Code / Title 39 / Chapter 45 / Section 39-4512
39-4512 EXECUTION OF ADVANCE CARE PLANNING DOCUMENT.
Status: in_force

39-4512. Execution of advance care planning document. An advance care planning document shall be effective from the date of execution until it is revoked or replaced. Nothing in this chapter shall be construed to prevent a competent person from reexecuting an advance care planning document at any time.

History:

[39-4512, added 2005, ch. 120, sec. 2, p. 389; am. 2023, ch. 307, sec. 14, p. 929.]
Idaho Code § 39-1358 — Idaho Code / Title 39 / Chapter 13 / Section 39-1358
39-1358 DISTRICT HOSPITAL PROPERTY — LEASE OR SALE.
Status: in_force

39-1358. DISTRICT HOSPITAL property — LEASE OR SALE. A hospital district acting through its board of trustees shall have the right to convey or lease hospital district real property, facilities, and the personal property and equipment therein upon such terms and for such length of time as the board of trustees may decide. However, no such lease or sale, except those leases entered into between a hospital district and the Idaho health facilities authority as provided in section 39-1339, Idaho Code, shall be final or valid unless and until it has been approved by a majority of the qualified electors of the district voting on such question at an election held subject to the provisions of title 34, Idaho Code.

History:

[39-1358, added 2022, ch. 180, sec. 1, p. 584.]
Idaho Code § 39-3324 — Idaho Code / Title 39 / Chapter 33 / Section 39-3324
39-3324 STAFF TRAINING.
Status: in_force

39-3324. Staff training. All employees of a residential care or assisted living facility shall receive orientation and continuing education pertinent to their job responsibilities.

History:

[39-3324, added 1990, ch. 116, sec. 2, p. 252; am. 2000, ch. 274, sec. 27, p. 821; am. 2005, ch. 280, sec. 18, p. 893.]
Idaho Code § 39-6504 — Idaho Code / Title 39 / Chapter 65 / Section 39-6504
39-6504 TRANSPORT OF WASTE TIRES.
Status: in_force

39-6504. Transport of waste tires. (1) No person shall transport waste tires for storage to any location in this state other than to a waste tire storage site for which a city or county has issued a permit or other written county or city authorization in active status.

(2) No person shall transport waste tires for disposal to any location in this state other than to a municipal solid waste landfill which is operating in compliance with the requirements of section 39-6503, Idaho Code.

(3) Nothing in this section shall prohibit any person from transporting waste tires to facilities in the state which possess a valid air quality permit, provided the permit allows for an approved beneficial use of the waste tires.

History:

[39-6504, added 2003, ch. 281, sec. 5, p. 764.]
Idaho Code § 39-1441 — Idaho Code / Title 39 / Chapter 14 / Section 39-1441
39-1441 SHORT TITLE.
Status: in_force

39-1441. Short title. This act may be referred to and cited as the "Idaho health facilities authority act."

History:

[39-1441, added 1972, ch. 134, sec. 1, p. 286.]
Idaho Code § 39-103 — Idaho Code / Title 39 / Chapter 1 / Section 39-103
39-103 DEFINITIONS.
Status: in_force

39-103. Definitions. Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context, the following terms shall have the following meanings:

(1) "Air contaminant" or "air contamination" means the presence in the outdoor atmosphere of any dust, fume, mist, smoke, radionuclide, vapor, gas or other gaseous fluid or particulate substance differing in composition from or exceeding in concentration the natural components of the atmosphere.

(2) "Air pollution" means the presence in the outdoor atmosphere of any contaminant or combination thereof in such quantity of such nature and duration and under such conditions as would be injurious to human health or welfare, to animal or plant life, or to property, or to interfere unreasonably with the enjoyment of life or property.

(3) "Board" means the board of environmental quality.

(4) "Cyanidation" means the method of extracting target precious metals from ores by treatment with cyanide solution, which is the primary leaching agent for extraction.

(5) "Cyanidation facility" means that portion of a new ore processing facility, or a material modification or a material expansion of that portion of an existing ore processing facility that utilizes cyanidation and is intended to contain, treat, or dispose of cyanide containing materials including spent ore, tailings, and process water.

(6) "Department" means the department of environmental quality.

(7) "Director" means the director of the department of environmental quality or the director's designee.

(8) "Emission" means any controlled or uncontrolled release or discharge into the outdoor atmosphere of any air contaminant or combination thereof. Emission also includes any release or discharge of any air contaminant from a stack, vent or other means into the outdoor atmosphere that originates from an emission unit.

(9) "Laboratory" means not only facilities for biological, serological, biophysical, cytological and pathological tests, but also facilities for the chemical or other examination of materials from water or other substances.

(10) "Medical waste combustor" means any device, incinerator, furnace, boiler or burner, and any and all appurtenances thereto, which burns or pyrolyzes medical waste consisting of human or animal tissues, medical cultures, human blood or blood products, materials contaminated with human blood or tissues, used or unused surgical wastes, used or unused sharps, including hypodermic needles, suture needles, syringes and scalpel blades.

(11) "Person" means any individual, association, partnership, firm, joint stock company, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency or instrumentality, or any other legal entity which is recognized by law as the subject of rights and duties.

(12) "Public water supply" or "public drinking water system" means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen (15) service connections, regardless of the number of water sources or configuration of the distribution system, or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days out of the year. Such term includes any collection, treatment, storage and distribution facilities that are under the control of the operator of such system and used primarily in connection with such system, and any collection or pretreatment storage facilities not under such control that are used primarily in connection with such system. Such term does not include any special irrigation district.

(13) "Solid waste" means garbage, refuse, radionuclides and other discarded solid materials, including solid waste materials resulting from industrial, commercial and agricultural operations and from community activities but does not include solid or dissolved materials in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows or other common water pollutants.

(14) "Solid waste disposal" means the collection, storage, treatment, utilization, processing or final disposal of solid waste.

(15) "State" means the state of Idaho.

(16) "Substantive" means that which creates, defines or regulates the rights of any person or implements, interprets or prescribes law or policy, but does not include statements concerning only the internal management of the department and not affecting private rights or procedures available to the public.

(17) "Water pollution" is such alteration of the physical, thermal, chemical, biological or radioactive properties of any waters of the state, or such discharge of any contaminant into the waters of the state as will or is likely to create a nuisance or render such waters harmful or detrimental or injurious to public health, safety or welfare or to domestic, commercial, industrial, recreational, esthetic or other legitimate uses or to livestock, wild animals, birds, fish or other aquatic life.

(18) "Waters" means all accumulations of water, surface and underground, natural and artificial, public and private or parts thereof which are wholly or partially within, flow through or border upon this state except for private waters as defined in section 42-212, Idaho Code.

History:

[39-103, added 1992, ch. 305, sec. 4, p. 913; am. 1993, ch. 267, sec. 1, p. 900; am. 2000, ch. 132, sec. 5, p. 315; am. 2005, ch. 167, sec. 1, p. 509; am. 2010, ch. 23, sec. 1, p. 41.]
Idaho Code § 39-1110 — Idaho Code / Title 39 / Chapter 11 / Section 39-1110
39-1110 HEALTH STANDARDS.
Status: in_force

39-1110. Health standards. Daycare facilities shall comply with the following health standards:

(1) Food for use in daycare facilities shall be prepared and served in a sanitary manner with sanitized utensils and on surfaces that have been cleaned, rinsed and sanitized prior to use to prevent contamination;

(2) All food that is to be served in daycare facilities shall be stored in such a manner that it is protected from potential contamination;

(3) Diaper changing shall be conducted in such a manner as to prevent the spread of communicable diseases;

(4) Sleeping and play areas, restrooms and fixtures shall be maintained in a safe, sanitary condition, and infant sleep areas shall consist of a space in which children up to age twelve (12) months may sleep alone, on their backs, and in a crib;

(5) Children and facility personnel shall be provided with individual or disposable towels for handwashing and the handwashing area shall be equipped with soap and hot and cold running water;

(6) The water supply, where the source is other than a public water system, must be approved in accordance with the rules adopted by the department;

(7) Medicines, cleaning supplies and other hazardous substances must be stored out of reach of children;

(8) Smoking or alcohol consumption is prohibited on the premises of a daycare facility during the daycare facility's hours of operation; and

(9) Representatives of health and safety inspectors shall not be denied access to a daycare facility during hours of operation for purposes of control of communicable disease or inspection.

History:

[39-1110, added 1987, ch. 56, sec. 1, p. 95; am. 1994, ch. 147, sec. 1, p. 335; am. 2009, ch. 295, sec. 10, p. 878; am. 2020, ch. 291, sec. 3, p. 841.]
Idaho Code § 39-4415 — Idaho Code / Title 39 / Chapter 44 / Section 39-4415
39-4415 VIOLATIONS CONSTITUTING MISDEMEANORS.
Status: in_force

39-4415. Violations constituting misdemeanors. (1) Any person who knowingly makes any false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained or used for the purpose of complying with the provisions of this chapter shall be guilty of a misdemeanor and subject to a fine of not more than ten thousand dollars ($10,000) or to imprisonment not to exceed one (1) year, or to both, for each separate violation or for each day of a continuing violation.

(2) Any person who knowingly violates any provision of this chapter or any permit, standard, regulation, condition, requirement, compliance agreement, or order issued or promulgated pursuant to this chapter shall be guilty of a misdemeanor and subject to a fine of not more than ten thousand dollars ($10,000) or to imprisonment not to exceed one (1) year, or to both, for each separate violation or for each day of a continuing violation.

(3) An action may be commenced and prosecuted by the attorney general. The director shall not be required to initiate or prosecute an administrative or civil action before the attorney general may commence and prosecute a criminal action.

History:

[39-4415, added 1983, ch. 154, sec. 1, p. 428; am. 1984, ch. 54, sec. 1, p. 94.]
Idaho Code § 39-8403 — Idaho Code / Title 39 / Chapter 84 / Section 39-8403
39-8403 CERTIFICATIONS — DIRECTORY — TAX STAMPS.
Status: in_force

39-8403. Certifications — Directory — Tax stamps. (1) Every tobacco product manufacturer whose cigarettes are sold in this state whether directly or through a wholesaler, distributor, retailer or similar intermediary or intermediaries shall execute and deliver on a form prescribed by the attorney general a certification to the attorney general no later than the thirtieth day of April each year, certifying, under penalty of perjury, that, as of the date of such certification, such tobacco product manufacturer is either: a participating manufacturer; or in full compliance with section 39-7803(b), Idaho Code, including all quarterly installment payments required by section 39-8405(5), Idaho Code.

(a) A participating manufacturer shall include in its certification a list of its brand families. The participating manufacturer shall update such list thirty (30) days prior to any addition to or modification of its brand families by executing and delivering a supplemental certification to the attorney general.

(b) A nonparticipating manufacturer shall include in its certification a complete list of all of its brand families that were sold in the state at any time during the preceding calendar year, or that have been sold in the state at any time during the current calendar year, and shall:

(i) List, for each brand family, the number of units sold in the state during the preceding calendar year;

(ii) Note, by means of an asterisk, any brand family sold in the state during the preceding calendar year that is no longer being sold in the state as of the date of such certification;

(iii) Identify by name and address any other manufacturer of such brand families in the preceding calendar year or the current calendar year. The nonparticipating manufacturer shall update such list thirty (30) days prior to any addition to or modification of its brand families by executing and delivering a supplemental certification to the attorney general;

(c) In the case of a nonparticipating manufacturer, such certification shall further certify:

(i) That such nonparticipating manufacturer is registered to do business in the state or has appointed an agent for service of process and provided notice thereof as required by section 39-8404, Idaho Code;

(ii) That such nonparticipating manufacturer has:

1. Established and continues to maintain a qualified escrow fund;

2. Executed a qualified escrow agreement that has been reviewed and approved by the attorney general and that governs the qualified escrow fund;

(iii) That such nonparticipating manufacturer is in full compliance with section 39-7803(b), Idaho Code, and this section, and any rules promulgated pursuant thereto.

(iv) 1. The name, address, and telephone number of the financial institution where the nonparticipating manufacturer has established such qualified escrow fund required pursuant to section 39-7803(b), Idaho Code, and all rules promulgated thereto;

2. The account number of such qualified escrow fund and any subaccount number for the state of Idaho;

3. The amount such nonparticipating manufacturer placed in such fund for cigarettes sold in the state during the preceding calendar year, the date and amount of each such deposit, and such evidence or verification as may be deemed necessary by the attorney general to confirm the foregoing;

4. The amount and date of any withdrawal or transfer of funds the nonparticipating manufacturer made at any time from such fund or from any other qualified escrow fund into which it ever made escrow payments pursuant to section 39-7803(b), Idaho Code, and all rules promulgated thereto.

(d) A tobacco product manufacturer may not include a brand family in its certification unless:

(i) In the case of a participating manufacturer, said participating manufacturer affirms that the brand family is to be deemed to be its cigarettes for purposes of calculating its payments under the master settlement agreement for the relevant year, in the volume and shares determined pursuant to the master settlement agreement; and

(ii) In the case of a nonparticipating manufacturer, said nonparticipating manufacturer affirms that the brand family is to be deemed to be its cigarettes for purposes of section 39-7803(b), Idaho Code. Nothing in this section shall be construed as limiting or otherwise affecting the state's right to maintain that a brand family constitutes cigarettes of a different tobacco product manufacturer for purposes of calculating payments under the master settlement agreement or for purposes of section 39-7803(b), Idaho Code.

(e) Tobacco product manufacturers shall maintain all invoices and documentation of sales and other such information relied upon for such certification for a period of five (5) years, unless otherwise required by law to maintain them for a greater period of time.

(2) Not later than September 30, 2003, the attorney general shall develop and publish on his website a directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of subsection (1) of this section, and all brand families that are listed in such certifications, except as noted below.

(a) The attorney general shall not include or retain in such directory the name or brand families of any nonparticipating manufacturer that fails to provide the required certification or whose certification the attorney general determines is not in compliance with subsections (1)(b) and (c) of this section, unless the attorney general has determined that such violation has been cured to the satisfaction of the attorney general.

(b) Neither a tobacco product manufacturer nor a brand family shall be included or retained in the directory if the attorney general concludes in the case of a nonparticipating manufacturer that:

(i) Any escrow payment required pursuant to section 39-7803(b), Idaho Code, for any period and for any brand family, whether or not listed by such nonparticipating manufacturer, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement that has been approved by the attorney general; or

(ii) Any outstanding final judgment, including interest thereon, for a violation of Idaho's tobacco master settlement agreement act has not been fully satisfied for such brand family and such manufacturer.

(c) The attorney general shall update the directory as necessary in order to correct mistakes and to add or remove a tobacco product manufacturer or brand families to keep the directory in conformity with the requirements of this chapter. The attorney general shall transmit by electronic mail, if possible, or by other means as are reasonable to each stamping agent, notice of the addition to, or removal from, the directory of any tobacco product manufacturer or brand family.

(d) Every stamping agent shall provide and update as necessary a mailing address and, where available, an electronic mail address to the attorney general for the purpose of receiving any notifications as may be required by this chapter.

(3) It shall be unlawful for any person:

(a) To affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the directory;

(b) To sell, offer or possess for sale in this state, cigarettes of a tobacco product manufacturer or brand family not included in the directory;

(c) To acquire, hold, own, possess, transport, import, or cause to be imported cigarettes that the person knows or should know are intended for distribution or sale in the state in violation of this subsection (3).

(4) Nothing in this chapter shall excuse payment of cigarette taxes under chapter 25, title 63, Idaho Code, by any person in regard to any package or other container of cigarettes not included in the directory but sold by that person.

(5) The attorney general may condition certification of a nonparticipating tobacco product manufacturer upon obtaining from the manufacturer its consent to be sued in Idaho district court for purposes of the state of Idaho enforcing any provisions of chapter 78 or 84, title 39, Idaho Code, or for the state bringing a released claim as that term is defined by subsection (g) of section 39-7802, Idaho Code.

History:

[39-8403, added 2003, ch. 33, sec. 2, p. 146; am. 2005, ch. 40, sec. 1, p. 160.]
Idaho Code § 39-1394 — Idaho Code / Title 39 / Chapter 13 / Section 39-1394
39-1394 PATIENT CARE RECORDS — RETENTION — AUTHENTICATION.
Status: in_force

39-1394. Patient care records — Retention — Authentication. (1) Retention.

(a) Hospital records relating to the care and treatment of a patient may be preserved in microfilm, other photographically reproduced form or electronic medium. Such reproduced and preserved copies shall be deemed originals for purposes of section 9-420, Idaho Code.

(b) Clinical laboratory test records and reports may be destroyed five (5) years after the date of the test recorded or reported therein, pursuant to paragraph (d) of this subsection.

(c) X-ray films may be destroyed five (5) years after the date of exposure, or five (5) years after the patient reaches the age of majority, whichever is later, pursuant to paragraph (d) of this subsection, if there are in the hospital record written findings of a physician who has read such x-ray films.

(d) At any time after the retention periods specified in paragraphs (b) and (c) of this subsection, the hospital may, without thereby incurring liability, destroy such records, by burning, shredding or other effective method in keeping with the confidential nature of their contents, provided, however, that destruction of such records must be in the ordinary course of business and no record shall be destroyed on an individual basis.

(e) For purposes of this section, the term "hospital" shall include all facilities defined as hospitals in chapter 13, title 39, Idaho Code.

(2) Authentication.

(a) Hospital records relating to orders for the care and treatment of a patient or for the administration of any drug or pharmaceutical must be authenticated to ensure accuracy and patient safety.

(b) All orders must be authenticated by the author of the order or another practitioner who is responsible for the care of the patient and who is authorized to write orders by hospital policy in accordance with state law.

(c) When telephone or oral orders must be used, they must be:

(i) Accepted only by personnel authorized to do so by medical staff policies and procedures, consistent with federal and state law; and

(ii) Authenticated in a timely manner as stipulated by hospital policy.

(d) Authentication may occur either manually, with the practitioner's signature, or electronically by facsimile transmission signed by the practitioner or by means of a unique electronic code known only to the practitioner.

(e) Each hospital must have in place policies and mechanisms to assure timely authentication of all orders and to assure that only the author of an order or another practitioner who is responsible for the care of the patient and who is authorized to write orders by hospital policy in accordance with state law can authenticate the order.

History:

[39-1394, added 1977, ch. 102, sec. 1, p. 217; am. 2001, ch. 67, sec. 1, p. 125; am. 2013, ch. 114, sec. 1, p. 275.]
Idaho Code § 39-8622 — Idaho Code / Title 39 / Chapter 86 / Section 39-8622
39-8622 ACCIDENTS — REPORT AND INVESTIGATION — CESSATION OF USE — REMOVAL OF DAMAGED PARTS.
Status: in_force

39-8622. Accidents — Report and investigation — Cessation of use — Removal of damaged parts. The owner shall promptly notify the division of each accident to a person requiring the service of a physician or resulting in a disability exceeding one (1) day and shall afford the division every facility for investigating and inspecting the accident. After being so notified, the division shall without delay make an inspection and shall place on file a full and complete report of the accident. The report shall detail all material facts and information gathered as a part of the investigation and shall include the potential cause or causes of the accident, as may be ascertained by the division. The report shall be open to public inspection at all reasonable hours. When an accident involves the failure or destruction of any part of the construction or the operating mechanism of a conveyance, the use of the conveyance is forbidden until it has been made safe, it has been reinspected, any repairs, changes or alterations have been approved by the division, and a permit has been issued by the division. The removal of any part of the damaged construction or operating mechanism from the premises is forbidden until the division grants permission to do so.

History:

[39-8622, added 2004, ch. 359, sec. 1, p. 1074.]
Idaho Code § 39-1801 — Idaho Code / Title 39 / Chapter 18 / Section 39-1801
39-1801 DEFINITIONS.
Status: in_force

39-1801. Definitions. As used in this chapter:

(1) "Guest" means any person who is registered in a hotel, or who is in the hotel and intends to register, and each person in such hotel who is present in the hotel with the registrant at the registrant's invitation.

(2) "Hotel" means every building or structure kept, used, maintained or advertised as an inn, hotel or public lodging house, or place where sleeping accommodations are furnished for hire to transient guests, whether with or without meals, in which more than ten (10) rooms are used for the accommodation of such guests.

(3) "Hotel day" means a period which commences at three o'clock in the afternoon of each day and which concludes at three o'clock the following afternoon or at the posted checkout time of the following day in the event the guest is checking out, whichever occurs first. Rates per day for furnished rooms shall mean for such period, or any part thereof, following the time of acceptance of a room by the guest.

(4) "Hotelkeeper" means the owner, operator, management company, proprietor, keeper, manager or lessee of a hotel.

History:

[39-1801, added 1991, ch. 296, sec. 2, p. 780.]
Idaho Code § 39-109 — Idaho Code / Title 39 / Chapter 1 / Section 39-109
39-109 COMMENCEMENT OF CIVIL ENFORCEMENT ACTIONS — CRIMINAL ACTIONS AUTHORIZED — DUTIES OF ATTORNEY GENERAL.
Status: in_force

39-109. Commencement of civil enforcement actions — Criminal actions authorized — Duties of attorney general. Upon request of the director, it shall be the duty of the attorney general to institute and prosecute civil enforcement actions or injunctive actions as provided in section 39-108, Idaho Code, and to prosecute actions or proceedings for the enforcement of any criminal provisions of this chapter. In addition, when deemed by the director to be necessary, the director may retain or employ private counsel. The attorney general may delegate the authority and duty under this section to prosecute criminal actions to the prosecuting attorney of the county in which such a criminal action may arise.

History:

[39-109, added 1986, ch. 60, sec. 4, p. 174; am. 2000, ch. 132, sec. 17, p. 333.]
Idaho Code § 39-1803 — Idaho Code / Title 39 / Chapter 18 / Section 39-1803
39-1803 REGISTER.
Status: in_force

39-1803. Register. Every hotel shall keep a record of the arrival and departure of its guests in such a manner that the record will be permanent for at least one (1) year from the date of departure.

History:

[39-1803, added 1991, ch. 296, sec. 2, p. 780.]
Idaho Code § 39-4511B — Idaho Code / Title 39 / Chapter 45 / Section 39-4511B
39-4511B SUSPENSION OF ADVANCE CARE PLANNING DOCUMENT.
Status: in_force

39-4511B. suspension of advance care planning document. (1) An advance care planning document (ACPD) may be suspended at any time by the maker thereof by any of the following methods:

(a) By a written signed suspension by the maker thereof expressing his intent to suspend;

(b) By an oral expression by the maker thereof expressing his intent to suspend; or

(c) By any other action that clearly manifests the maker's intent to suspend the ACPD.

(2) A health care provider who does not have actual knowledge of the suspension is entitled to rely on an otherwise apparently valid ACPD as though it had not been suspended.

(3) There shall be no criminal or civil liability on the part of any person for the failure to act upon a suspension of an ACPD made pursuant to this chapter unless that person has actual knowledge of the suspension.

(4) Upon meeting the termination terms of the suspension, if any, as defined by the written or oral expression by the maker, the conditions set forth in the ACPD will resume.

History:

[39-4511B, added 2012, ch. 302, sec. 10, p. 834; am. 2017, ch. 273, sec. 3, p. 714; am. 2023, ch. 307, sec. 13, p. 929.]
Idaho Code § 39-8501 — Idaho Code / Title 39 / Chapter 85 / Section 39-8501
39-8501 CREATION OF LAKE PEND OREILLE, PEND OREILLE RIVER, PRIEST LAKE AND PRIEST RIVER COMMISSION.
Status: in_force

39-8501. Creation of Lake Pend Oreille, Pend Oreille River, Priest Lake and Priest River commission. There is hereby created in the area in and around Bonner county, the Lake Pend Oreille, Pend Oreille River, Priest Lake and Priest River commission.

History:

[(39-8501) 39-8401, added 2003, ch. 231, sec. 1, p. 591; am. and redesig. 2004, ch. 318, sec. 7, p. 898.]
Idaho Code § 39-1457 — Idaho Code / Title 39 / Chapter 14 / Section 39-1457
39-1457 INVESTMENT OF FUNDS.
Status: in_force

39-1457. Investment of funds. The authority may invest the proceeds from the sale of a series of obligations or any funds related to the series in such securities and other investments, whether or not any such investment or reinvestment is authorized under any other law of the state, as may be provided in the proceedings under which the series of obligations are authorized to be issued. The authority may invest any other funds in obligations of the federal government, the state or of any municipality thereof or obligations of agencies of the federal government; in bonds, notes, certificates of indebtedness, treasury bills or other securities constituting direct obligations of the United States of America; in certificates of deposit or time deposits constituting direct obligations of any bank in Idaho; provided, however, that investments may be made only in those certificates of deposit or time deposits in banks which are insured by the federal deposit insurance corporation, if then in existence, and may exceed the maximum of such insurance; or in short term discount obligations of the federal national mortgage association. Any such securities may be purchased at the offering or market price thereof at the time of such purchase. The authority may invest any other funds with such maturities as the authority shall determine provided that such maturities are on a date or dates prior to the time when, in the judgment of the authority, the funds so invested will be required for expenditure. The express judgment of the authority as to the time when any such funds will be required for expenditure or be redeemable is final and conclusive.

History:

[39-1457, added 1972, ch. 134, sec. 17, p. 286; am. 1973, ch. 178, sec. 14, p. 393; am. 1976, ch. 183, sec. 9, p. 668; am. 1985, ch. 72, sec. 4, p. 148.]
Idaho Code § 39-274 — Idaho Code / Title 39 / Chapter 2 / Section 39-274
39-274 EVIDENTIARY CHARACTER OF RECORDS AND COPIES OF RECORDS.
Status: in_force

39-274. Evidentiary character of records and copies of records. Any certificate filed in accordance with the provisions of this chapter and the regulations prescribed by the board, or any copy of such records or part thereof, duly certified by the state registrar, shall be prima facie evidence of the facts recited therein.

History:

[(39-274) 1949, ch. 72, sec. 23, p. 117; am. and redesignated 1983, ch. 7, sec. 36, p. 44.]
Idaho Code § 39-101 — Idaho Code / Title 39 / Chapter 1 / Section 39-101
39-101 SHORT TITLE.
Status: in_force

39-101. Short title. Sections 39-101 through 39-130, Idaho Code, may be known and cited as the "Idaho Environmental Protection and Health Act."

History:

[39-101, added 1972, ch. 347, sec. 1, p. 1017; am. 1986, ch. 60, sec. 1, p. 170.]
Idaho Code § 39-128 — Idaho Code / Title 39 / Chapter 1 / Section 39-128
39-128 APPLICABILITY — PROMULGATION OF RULES — ESTABLISHMENT OF ZONES — COMBUSTOR CHARGING COMPOSITION AND RECORDKEEPING — REPORT TO LOCAL GOVERNMENT — PERMIT PROCESSING.
Status: in_force

39-128. Applicability — Promulgation of rules — Establishment of zones — Combustor charging composition and recordkeeping — Report to local government — Permit processing. 1. Except as provided in subsection 2 of this section, the provisions of this section shall apply to medical waste combustors with a maximum rated capacity equal to or greater than three (3) tons per day. All combustors located on one (1) or more contiguous or adjacent properties and owned or operated by the same person or persons under common control shall be considered in determining the maximum rated capacity of a combustor.

2. The department is hereby directed to develop and propose, and the board is hereby directed to adopt, rules and regulations controlling emissions of air contaminants from all medical waste combustors, and implementing the provisions of this section except the provisions of subsections 8 and 9.

3. The following zones are hereby established:

a. Zone 1, consisting of the counties of Benewah, Bonner, Boundary, Clearwater, Idaho, Kootenai, Latah, Lewis, Nez Perce and Shoshone.

b. Zone 2, consisting of the counties of Ada, Adams, Boise, Canyon, Elmore, Gem, Owyhee, Payette, Valley and Washington.

c. Zone 3, consisting of the counties of Bannock, Bear Lake, Bingham, Blaine, Bonneville, Butte, Camas, Caribou, Cassia, Clark, Custer, Franklin, Fremont, Gooding, Jefferson, Jerome, Lemhi, Lincoln, Madison, Minidoka, Oneida, Power, Teton and Twin Falls.

4. Any county may petition the director to become incorporated into an adjacent zone. The director shall grant the petition provided it does not conflict with the purposes of this act, or any rule, regulation, permit or order issued or promulgated pursuant to this act.

5. For any combustor constructed or modified after the date of enactment of this section, no less than seventy per cent (70%) of the weight of the material charged into the combustor on an annual basis shall be material generated inside the zone in which the combustor is located.

6. An owner or operator of a combustor constructed and operated prior to the date of enactment of this section shall, by October 1, 1992, notify the department in writing describing the type, location and maximum rated capacity of the combustor.

7. Any person who owns or operates a combustor shall keep records as to the source, weight and type of material charged, and whether the material was generated within or outside the zone in which the combustor is located. These records shall be maintained for a period of not less than five (5) years and shall be made available to the department upon request. The requirements of this subsection may be fully or partially waived by the director if the owner or operator certifies to the department that no material generated outside the zone shall be charged into the combustor.

8. Any person proposing to construct or modify a combustor shall provide, in writing, to the local government a comprehensive report which shall include:

a. An overall description of the project;

b. The amount, type and disposal method of all solid waste produced;

c. The amount and content of any liquid to be discharged into the sewer system, applied to the land, or discharged into an impoundment or pond;

d. The amount, type and control of air emissions;

e. The effect of the facility on vehicular traffic;

f. The amount of noise produced by the facility;

g. The extent and control of odors from the facility; and

h. Any additional information requested, in writing, by the local government pertaining to the effect of the proposed facility upon the community or local resources.

9. The local government shall conduct at least one (1) public hearing regarding any proposal to construct or modify a combustor within the jurisdiction of the local government at which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place of the hearing, a brief summary of the proposal, and the location of the comprehensive report required by the provisions of subsection 8 of this section, shall be published in a newspaper of general circulation within the jurisdiction of the local government. The local government shall, after hearing, notify in writing the person proposing to construct or modify the combustor that the proposal conforms or does not conform to applicable planning and zoning ordinances. Reasonable conditions may be placed on any approval so as to ensure that construction or modification of the combustor is in conformance with local planning and zoning ordinances and that all necessary local, state and federal permits are obtained.

10. Any person applying to the department for a permit to construct or modify a combustor shall submit, as part of the application, the notification required in subsection 8 of this section indicating that the proposal conforms, or conforms with conditions, to local government planning and zoning ordinances. Any application received by the department which does not include such a notification of approval or conditional approval shall be incomplete.

11. The director shall have authority to sue in competent courts to enjoin any threatened or continuing violation of the provisions of this section, or any rule, regulation, permit or order issued or promulgated to implement the provisions of this section. The court shall grant injunctive relief upon a showing that a violation of the provisions of this section or any rule, regulation, permit or order implementing the provisions of this section has occurred and is reasonably likely to continue.

12. The director shall have the authority to declare that an emergency exists and that a combustor may receive a waiver to combust material generated outside the zone in which the combustor is located in excess of the amount specified in subsection 5 of this section, provided the director finds that such an action is necessary to protect human health and the environment. The waiver shall not extend beyond six (6) months for any single combustor and eighteen (18) months in total duration.

13. For purposes of this section only:

a. The term "combustor" means a medical waste combustor as defined in section 39-103, Idaho Code.

b. The term "local government" means the city government for the city in which the combustor is to be located or, if the combustor is to be located outside the limits of an incorporated city, the county government for the county in which the combustor is to be located.

History:

[39-128, added 1992, ch. 189, sec. 2, p. 589.]
Idaho Code § 39-6314 — Idaho Code / Title 39 / Chapter 63 / Section 39-6314
39-6314 PEACE OFFICERS — IMMUNITY.
Status: in_force

39-6314. Peace officers — Immunity. No peace officer may be held criminally or civilly liable for actions or omissions in the performance of the duties of his office under this chapter, including the enforcement of out-of-state protection orders, if the peace officer acts in good faith and without malice.

History:

[39-6314, added 1988, ch. 341, sec. 1, p. 1018; am. 1999, ch. 330, sec. 8, p. 892.]
Idaho Code § 39-901 — Idaho Code / Title 39 / Chapter 9 / Section 39-901
39-901 INFLAMMATION OF EYES OF NEWBORN DEFINED.
Status: in_force

39-901. Inflammation of eyes of newborn defined. Any inflammation, swelling, or unusual redness in either one (1) or both eyes of any infant, either apart from, or together with any unnatural discharge from the eye or eyes of such infant, independent of the nature of the infection, if any, occurring at any time within two (2) weeks after the birth of such infant, shall be known as "inflammation of the eyes of the newborn" (Ophthalmia neonatorum).

History:

[(39-901) 1921, ch. 233, sec. 1, p. 522; I.C.A., sec. 38-701.]
Idaho Code § 39-6101 — Idaho Code / Title 39 / Chapter 61 / Section 39-6101
39-6101 SHORT TITLE.
Status: in_force

39-6101. Short title. This chapter shall be known and may be cited as the "Idaho Conrad J-1 Visa Waiver Program and National Interest Waiver Program."

History:

[39-6101, added 2004, ch. 128, sec. 1, p. 437; am. 2009, ch. 106, sec. 2, p. 326.]
Idaho Code § 39-268 — Idaho Code / Title 39 / Chapter 2 / Section 39-268
39-268 AUTHORIZATION FOR FINAL DISPOSITION.
Status: in_force

39-268. Authorization for final disposition. (1) The mortician or person acting as such who first assumes possession of a dead body or stillborn fetus shall make a written report to the registrar of the district in which death or stillbirth occurred or in which the body or stillborn fetus was found within twenty-four (24) hours after taking possession of the body or stillborn fetus, on a form prescribed and furnished by the state registrar and in accordance with rules promulgated by the board. Except as specified in subsection (2) of this section, the written report shall serve as permit to transport, bury or entomb the body or stillborn fetus within this state, provided that the mortician or person acting as such shall certify that the physician, physician assistant or advanced practice registered nurse in charge of the patient's care for the illness or condition which resulted in death or stillbirth has been contacted and has affirmatively stated that said physician, physician assistant or advanced practice registered nurse or the designated associate according to section 39-260(1)(b) or (4)(a), Idaho Code, will sign the certificate of death or stillbirth.

(2) The written report as specified in subsection (1) of this section shall not serve as a permit to:

(a) Remove a body or stillborn fetus from this state;

(b) Cremate the body or stillborn fetus; or

(c) Make disposal or disposition of any body or stillborn fetus in any manner when inquiry is required under chapter 43, title 19, Idaho Code, or section 39-260(2) or (5), Idaho Code.

(3) In accordance with the provisions of subsection (2) of this section, the mortician or person acting as such who first assumes possession of a dead body or stillborn fetus shall obtain an authorization for final disposition prior to final disposal or removal from the state of the body or stillborn fetus. The physician, physician assistant, advanced practice registered nurse or coroner responsible for signing the death or stillbirth certificate shall authorize final disposition of the body or stillborn fetus, on a form prescribed and furnished by the state registrar. If the body is to be cremated, the coroner must also give additional authorization. In the case of stillbirths, the hospital may dispose of the stillborn fetus if the parent(s) so requests; authorization from the coroner is not necessary unless the coroner is responsible for signing the certificate of stillbirth.

(4) When a dead body or stillborn fetus is transported into the state, a permit issued in accordance with the law of the state in which the death or stillbirth occurred or in which the body or stillborn fetus was found shall authorize the transportation and final disposition within the state of Idaho.

(5) A permit for disposal shall not be required in the case of a dead fetus of less than twenty (20) weeks gestation and less than three hundred fifty (350) grams or twelve and thirty-five hundredths (12.35) ounces where disposal of the fetal remains is made within the institution where the delivery of the dead fetus occurred.

History:

[(39-268) 1949, ch. 72, sec. 20, p. 117; am. 1972, ch. 123, sec. 1, p. 243; am. and redesignated 1983, ch. 7, sec. 30, p. 39; am. 2007, ch. 244, sec. 2, p. 721; am. 2014, ch. 45, sec. 3, p. 121.]
Idaho Code § 39-3028 — Idaho Code / Title 39 / Chapter 30 / Section 39-3028
39-3028 DISPOSAL OF URANIUM MILL TAILINGS.
Status: in_force

39-3028. Disposal of uranium mill tailings. (1) Legislative declaration. The legislature hereby finds and declares that the existence of uranium mill tailings at active and inactive mill operations could pose a potential radiation health hazard. This section is enacted to protect the public health, safety, and welfare by authorizing the department of environmental quality to cooperate with the federal government in providing for the stabilization, disposal, and control of such tailings in a safe and environmentally sound manner.

(2) Terms defined. For the purposes of this section, the terms "processing site" and "residual radioactive material" shall have the meanings specified in section 101(6) and (7), respectively, of public law 95-604, 42 U.S.C., section 7901, et seq., as from time to time amended.

(3) Authorization to participate. The department of environmental quality is hereby authorized to participate in federal implementation of the "Uranium Mill Tailings Radiation Control Act of 1978" (P.L. 95-604), and for such purpose the agency may:

(a) Enter into cooperative agreements with the secretary of energy to perform remedial actions at processing sites designated by the secretary;

(b) Obtain written consent from the record owner of a designated processing site to perform remedial actions at such site;

(c) Provide for reimbursement for the actual cost of any remedial action in accordance with the terms of public law 95-604;

(d) Acquire and dispose of any designated processing site, including any interest in such site, and any site to be used for the permanent disposition and stabilization of residual radioactive materials;

(e) Participate in the selection and performance of remedial actions.

(4) Financial participation.

(a) The legislature accepts in principle the provisions of section 107(a) of public law 95-604 which requires the state to pay ten percent (10%) of the actual cost of any remedial action and administrative costs from nonfederal moneys, reserving, however, the right and authority to limit through yearly appropriations the amount of state moneys committed to such costs.

(b) The state of Idaho may receive all or a share of the net profits derived from the recovery of minerals from residual radioactive materials at any designated processing site within the state in accordance with the provisions of section 108(b) of public law 95-604.

History:

[39-3028, added 1984, ch. 257, sec. 1, p. 617; am. 2007, ch. 83, sec. 6, p. 226.]
Idaho Code § 39-4117 — Idaho Code / Title 39 / Chapter 41 / Section 39-4117
39-4117 PROCESSING BUILDING PERMITS — TIMELY REVIEW.
Status: in_force

39-4117. Processing building permits — TIMELY REVIEW. (1) A local government that requires building permits shall make available a document that describes in detail the requirements of its building permit process. The local government shall provide the document to the public on its website and in physical form upon request.

(2) An applicant for a building permit shall make a good faith effort to submit a complete application containing the necessary documentation required by a local government as specified in the document required pursuant to subsection (1) of this section. If an application is deemed incomplete, the local government shall, within ten (10) business days of receipt of a residential building permit application and within twenty (20) business days of receipt of a commercial building permit application, provide written notice to the applicant specifying any missing information necessary to proceed.

(3) Upon receipt of a submission or a revised submission following an incomplete determination, a local government shall have ten (10) business days for a residential building permit and twenty (20) business days for a commercial building permit to review the application or the revised submission for completeness. No later than the conclusion of the applicable ten (10) or twenty (20) business day review period, the local government shall provide written notice of determination on the completeness of the application. A local government's determination that an application is complete shall not constitute approval but shall authorize the application to proceed to formal plan review.

(4) An applicant and a local government may agree in writing to an extension of the timelines specified in this section if additional time is needed for the completeness determination. Prior to any such agreement, a local government shall provide written notice to an applicant explaining that an extension is needed.

History:

[39-4117, added 2025, ch. 272, sec. 1, p. 1164.]
Idaho Code § 39-3131 — Idaho Code / Title 39 / Chapter 31 / Section 39-3131
39-3131 BEHAVIORAL HEALTH SERVICES TO BE OFFERED.
Status: in_force

39-3131. behavioral health Services to be offered. The regional behavioral health center shall provide or arrange for the delivery of services that, combined with community family support and recovery support services provided through the regional behavioral health boards, medicaid and services delivered through a private provider network, will lead to the establishment of a comprehensive regional behavioral health system of care that incorporates patient choice and family involvement to the extent reasonably practicable and medically and professionally appropriate. The regional behavioral health center shall provide or arrange for the delivery of the following services:

(1) Treatment services for individuals who do not have other benefits available to meet their behavioral health needs as resources allow including, but not limited to, psychiatric services, medication management, rehabilitative and community-based services, outpatient and intensive outpatient services, assertive community treatment, case management and residential care;

(2) Evaluation and intervention for individuals experiencing a behavioral health emergency;

(3) Hospital precare and postcare services, in cooperation with state and community psychiatric hospitals, for individuals who have been committed to the custody of the director of health and welfare pursuant to sections 18-212 and 66-329, Idaho Code, or who are under an involuntary treatment order pursuant to chapter 24, title 16, Idaho Code;

(4) Evaluation and securing mental health treatment services as ordered by a court for individuals pursuant to section 19-2524, 20-511A or 20-519B, Idaho Code; and

(5) Evaluation and securing treatment services for individuals who are accepted into mental health courts.

History:

[(39-3131) (39-3128) 39-3127, added 1969, ch. 202, sec. 5, p. 589; am. and redesig. 2006, ch. 277, sec. 5, p. 851; am. and redesig. 2014, ch. 43, sec. 15, p. 111; am. 2026, ch. 25, sec. 11, p. 121.]
Idaho Code § 39-508 — Idaho Code / Title 39 / Chapter 5 / Section 39-508
39-508 AQUIFER PROTECTION DISTRICT FUNDS — FEES — BUDGET.
Status: in_force

39-508. Aquifer protection district funds — Fees — Budget. (1) Funds received and expended in the name of an aquifer protection district shall be budgeted, managed and audited in the same manner as funds of a county. Any such revenues and expenditures shall be accounted for separate from other county funds. The reasonable expenses of managing aquifer protection district fiscal and legal affairs are legitimate costs of district operation and use of county systems for fee collection is authorized hereby. The fiscal year for an aquifer protection district shall conform to the fiscal year for counties.

(2) Fees reasonably related to the actual cost of services rendered by an aquifer protection district may be charged to owners of land benefitted by the availability of water from the aquifer to be protected by the district. The maximum fee authorized per dwelling unit shall not exceed twelve dollars ($12.00) annually. The maximum charge for nonresidential uses shall not exceed twice the maximum authorized residential fee, and such nonresidential fee shall be established and calculated in a manner that is roughly proportional to aquifer use or other measure of benefits derived from protection of the aquifer.

(3) Each fiscal year the budget and policy advisory committee shall conduct a public budgetary process, including at least one (1) public hearing concerning a proposed aquifer protection district budget, before recommending a proposed budget to the governing board. Any such recommendation shall be transmitted to the governing board prior to the date of advertising the annual county budget hearing. The budget for an aquifer protection district shall be considered by the governing board in the course of its annual budget process. An aquifer protection district shall follow the financial accountability standards and limitations applicable to counties.

History:

[39-508, added 2006, ch. 304, sec. 1, p. 941.]
Idaho Code § 39-6309 — Idaho Code / Title 39 / Chapter 63 / Section 39-6309
39-6309 ISSUANCE OF ORDER — ASSISTANCE OF PEACE OFFICER — DESIGNATION OF APPROPRIATE LAW ENFORCEMENT AGENCY.
Status: in_force

39-6309. Issuance of order — Assistance of peace officer — Designation of appropriate law enforcement agency. When an order is issued or a foreign protection order is recognized under this chapter upon request of the petitioner, the court may order a peace officer to accompany the petitioner and assist in placing the petitioner in possession of the dwelling or residence, or otherwise assist in the execution of the protection order. A certified copy of the order shall be prepared by the clerk for transmittal to the appropriate law enforcement agency as specified in section 39-6311, Idaho Code. Orders issued or foreign protection orders recognized under this chapter shall include an instruction to the appropriate law enforcement agency to execute, serve, or enforce the order.

History:

[39-6309, added 1988, ch. 341, sec. 1, p. 1016; am. 1999, ch. 330, sec. 4, p. 890; am. 2002, ch. 213, sec. 4, p. 591.]
Idaho Code § 39-3424 — Idaho Code / Title 39 / Chapter 34 / Section 39-3424
39-3424 UNIFORMITY OF APPLICATION AND CONSTRUCTION.
Status: in_force

39-3424. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

History:

[39-3424, added 2007, ch. 30, sec. 2, p. 73.]
Idaho Code § 39-8606 — Idaho Code / Title 39 / Chapter 86 / Section 39-8606
39-8606 SCOPE — EXEMPTIONS.
Status: in_force

39-8606. Scope — Exemptions. (a) The provisions of this chapter shall apply to all conveyances within the state of Idaho except the following or as provided in subsection (b) of this section:

(1) Conveyances located in private residences;

(2) Conveyances in federally owned facilities;

(3) Conveyances permanently removed from service or made effectively inoperative; and

(4) Conveyances erected temporarily for use only during construction work that are of such a design that they must be operated by a workman stationed at the hoisting machine.

(b) Conveyances erected before July 1, 2004, pursuant to section 39-8614(3), Idaho Code, are subject only to the requirements of the safety code for existing elevators and escalators (ASME A17.3). Such conveyances, however, shall also be exempted from any requirements of that ASME A17.3 requiring conveyances to be modified with upgrades or replacements that would fall within the definition of "modernization" as defined in section 39-8603, Idaho Code, or to be modified with additional safety features falling within the definition of "alteration" unless:

(1) The total cost of the modification is less than five thousand dollars ($5,000); or

(2) The conveyance is not situated in a privately owned business facility; or

(3) The facility in which the conveyance is located is being altered, as defined within the provisions and guidelines applicable to the Americans with disabilities act of 1990 and amendments thereto, provided that said alterations are significant in that they affect the accessibility of the majority of floor space on at least one (1) floor of the building.

History:

[39-8606, added 2004, ch. 359, sec. 1, p. 1069; am. 2012, ch. 42, sec. 1, p. 130.]
Idaho Code § 39-305B — Idaho Code / Title 39 / Chapter 3 / Section 39-305B
39-305B QUALIFIED SUBSTANCE USE DISORDERS PROFESSIONAL TRAINEES.
Status: in_force

39-305B. qualified substance use disorders professional trainees. (1) Prior to beginning work, a qualified substance use disorders professional trainee practicing in the provision of substance use disorders services shall possess either:

(a) A substance use disorder associate certification; or

(b) Formal documentation of current enrollment in a program for any licensed professional consistent with section 39-305A, Idaho Code.

(2) An individual who has completed a certification program described in section 39-305A, Idaho Code, and is awaiting licensure may continue as a qualified substance use disorders professional trainee at the same agency for a period of six (6) months from the date of program completion.

History:

[39-305B, added 2025, ch. 178, sec. 5, p. 845.]
Idaho Code § 39-4433 — Idaho Code / Title 39 / Chapter 44 / Section 39-4433
39-4433 SITING LICENSE REQUIRED — EXEMPTIONS.
Status: in_force

39-4433. siting license required — exemptions. (1) No person shall commence construction of or undertake any major modification of a commercial hazardous waste facility or any on-site land disposal facility for wastes listed in section 201(d)(2) and (e), as modified by section 209 of the hazardous and solid waste amendments of 1984, without a siting license issued by the director.

(2) A permit shall not be issued pursuant to section 39-4409, Idaho Code, unless the applicant has been issued a site license by the director.

(3) The owner or operator of the facility or site, rather than a contractor or other third-party agent thereof, shall be responsible for obtaining the siting license.

(4) Facilities exempted from permitting pursuant to the provisions of section 39-4409, Idaho Code, shall not require a license under the provisions of this chapter.

(5) The director may exempt a facility from the requirement to obtain a siting license if the director determines that the exemption is in the public interest and is consistent with state and federal law.

(6) A hazardous waste facility that was in existence on July 1, 1985, shall not be subject to the provisions of this chapter unless a major modification is being proposed to such facility.

History:

[39-4433, added 2026, ch. 89, sec. 9, p. 470.]
Idaho Code § 39-4409 — Idaho Code / Title 39 / Chapter 44 / Section 39-4409
39-4409 PERMIT REQUIREMENTS FOR HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES.
Status: in_force

39-4409. Permit requirements for hazardous waste treatment, storage, or disposal facilities. (1) No person shall construct, operate, or modify a hazardous waste treatment, storage, or disposal facility or site without a permit from the department. The owner or operator of the facility or site rather than the builder shall be responsible for obtaining the permit. Permits may contain such conditions necessary to protect human health and environment. The board may exempt classes or categories of hazardous waste treatment, storage, or disposal facilities from the permit requirement if the exemption is in the public interest and consistent with RCRA requirements. The fact that a class or category of such facilities is not required to obtain a federal permit shall be persuasive evidence that an exemption is in the public interest.

(2) Interim status granted by RCRA or a permit issued by the United States environmental protection agency prior to the date that the state program is authorized by the administrator of that agency shall be adopted by the department as a state granted interim status or as a state granted permit until the department issues a new state permit. The board may adopt such rules and regulations as necessary to:

(a) Allow other facilities to qualify for interim status;

(b) Require existing interim status surface impoundments, new units, replacement of existing units and lateral expansions of existing interim status facilities to comply with all regulations which apply to new facilities; and

(c) Provide for the termination of interim status.

(3) The board shall promulgate rules and regulations establishing the terms and conditions for issuing permits to the described facilities and sites. The rules and regulations shall provide for, but not be limited to:

(a) Standards and procedures for the safe operation and maintenance of the facilities and sites;

(b) Education and training qualifications of personnel at the facilities and sites;

(c) Contractual commitment or consent to each facility or site from all holders of interests in the real property committed to that facility or site;

(d) Monetary assurances in such form and amount as are necessary for effective management, maintenance, and monitoring of the facilities and sites during and after operation;

(e) Evidence of financial responsibility for corrective action on-site and off-site;

(f) Liability insurance in such form and amount as is necessary to compensate for potential damages caused by the facilities and sites; provided, that liability insurance shall not be required in the event that liability insurance is not required by the federal regulations adopted pursuant to the RCRA;

(g) Emergency equipment and emergency response plans appropriate to the facilities and sites;

(h) Public participation in the permitting process consistent with 42 U.S.C. section 6974(b).

(4) Permits shall be issued for a period not to exceed ten (10) years or the maximum period allowed under RCRA, whichever is greater. However, permits may be reviewed at least every five (5) years and modified as necessary to take into account changes in this chapter or regulations promulgated pursuant thereto and improvements in technology.

(5) Any permit issued pursuant to this chapter shall require corrective action to be taken on-site and off-site for all releases of hazardous waste or constituents, from any solid waste management unit at the treatment, storage, or disposal facility seeking the permit, regardless of the time when the waste was placed in such unit.

(6) Any permit issued pursuant to this section may be revoked by the director pursuant to the provisions of section 39-4413, Idaho Code, if the permitted party fails to comply with the terms and conditions of the permit, this chapter, or the rules and regulations promulgated pursuant thereto.

(7) The department may issue a variance from the requirements of the rules and regulations promulgated under this section, if, in the judgment of the director, application of the requirements would cause unreasonable hardship and the granting of a variance would not be harmful to the public interest or inconsistent with RCRA requirements. A variance shall not exceed three (3) years in duration and may be renewed or extended only after the department provides public notice and an opportunity for public comment.

(8)(a) The director of the department may issue a research, development, and demonstration permit for any hazardous waste treatment technology or process for which permit standards for such experimental activity have not been promulgated. Any such permit shall include such terms and conditions as will ensure protection of human health and the environment. Such permits shall:

1. Provide for the construction of such facilities, as necessary, and for operation of the facility for not longer than one (1) year (unless renewed as provided below); and

2. Provide for the receipt and treatment by the facility of only those types and quantities of hazardous waste which the director deems necessary for purposes of determining the efficiency and performance capabilities of the technology or process and the effects of such technology or process on human health and the environment; and

3. Include such requirements as the director deems necessary to protect human health and the environment (including, but not limited to, requirements regarding monitoring, operation, insurance or bonding, financial responsibility, closure, and remedial action); and

4. Include such requirements as the director deems necessary regarding testing and providing of information to the director with respect to the operation of the facility.

(b) The director may apply the criteria set forth in paragraph (a) of this subsection in establishing the conditions of each permit without separate establishment of regulations implementing such criteria.

(c) For the purpose of expediting review and issuance of permits under this subsection, the director may, consistent with the protection of human health and the environment, modify or waive permit application and permit issuance requirements established in the general permit regulations except that there may be no modification or waiver of regulations regarding financial responsibility (including insurance) or of applicable public participation procedures.

(d) The director may renew a research, development and demonstration permit which has been issued pursuant to this subsection. The renewal term shall be no longer than one (1) year. A permit shall not be renewed more than three (3) times.

History:

[39-4409, added 1983, ch. 154, sec. 1, p. 421; am. 1986, ch. 148, sec. 4, p. 419; am. 1987, ch. 102, sec. 1, p. 204; am. 1988, ch. 7, sec. 1, p. 7; am. 1988, ch. 259, sec. 2, p. 499; am. 2026, ch. 89, sec. 6, p. 466.]
Idaho Code § 39-107A — Idaho Code / Title 39 / Chapter 1 / Section 39-107A
39-107A REAL PROPERTY IN BUNKER HILL CLEANUP SITE.
Status: in_force

39-107A. Real property in Bunker Hill cleanup site. Notwithstanding any other provision of law to the contrary, the department may accept transfer from the United States of any real property or interest in real property acquired by the United States for remediation purposes concerning any operable unit of the Bunker Hill Superfund Site pursuant to 42 U.S.C. section 9604(j). The state of Idaho shall incur no liability nor be subject to any claims related to the existence, release or threatened release of any hazardous substance or contaminant or pollutant on, or from, any such real property. The department may, in its sole discretion, manage, lease or dispose of such property for the purpose of facilitating appropriate operation and maintenance activities, encouraging economic development or assisting local governmental entities within the site. The management, lease or disposal of such property shall not be subject to chapter 3, title 58, Idaho Code. Any receipts from the management, lease or disposal of such property shall be deposited in the Bunker Hill Cleanup Trust Fund established by the Trust Fund Declaration of the state of Idaho dated May 2, 1994 (Attachment M, Consent Decree, United States of America v. Asarco, Inc. No. CV-94-0206-N-HLR (D. Idaho)) for the purpose of funding institutional control or operation and maintenance activities regarding the site.

History:

[(39-107A) 39-107a, added 1996, ch. 205, sec. 1, p. 630; am. 2000, ch. 21, sec. 1, p. 41; am. and redesig. 2000, ch. 132, sec. 11, p. 328; am. 2009, ch. 8, sec. 1, p. 10.]
Idaho Code § 39-3703 — Idaho Code / Title 39 / Chapter 37 / Section 39-3703
39-3703 ANATOMICAL PARTS CONTROL.
Status: in_force

39-3703. Anatomical parts control. No anatomical parts of human bodies, including whole blood, plasma, blood products, blood derivatives, body tissue, organs, parts of organs or products derived therefrom, and including semen, ova and embryos, shall be used for any purpose of injecting, transfusing or transplanting into a human body unless such anatomical parts or the donor have been examined for acquired immunodeficiency syndrome (AIDS), AIDS related complexes (ARC), or other manifestations of human immunodeficiency virus (HIV) infection, and a test is negative for the presence of HIV antibodies or antigens.

The director of the department of health and welfare shall promulgate rules to fully implement the requirements of this section.

History:

[39-3703, added 1988, ch. 17, sec. 1, p. 19.]
Idaho Code § 39-1807 — Idaho Code / Title 39 / Chapter 18 / Section 39-1807
39-1807 DISPOSITION OF PROPERTY TO SATISFY LIEN.
Status: in_force

39-1807. Disposition of property to satisfy lien. The hotelkeeper shall retain such baggage and other property upon which he has a lien as provided in section 39-1806, Idaho Code, for a period of thirty (30) days. At the expiration of such time if such lien is not fully satisfied he may proceed to sell such baggage and other personal property or a part thereof at public auction after posting notice of the sale as provided by law upon execution, and by mailing a notice fifteen (15) days prior to the sale by registered mail of the time and place of such sale to such guest at the address given by the guest on the hotel register. The proceeds of the sale shall be applied first to cost of the sale and attorney's fees and then to the discharge of the lien. The remainder, if any, must be paid to the guest. Provided, however, if the hotelkeeper knew that the property brought upon his premises was not, when brought, legally in possession of such guest, or had written notice that such property was not then the property of such guest, at the time when such charges or indebtedness were incurred, such property shall not be subject to the lien or sale as hereinbefore provided.

History:

[39-1807, added 1991, ch. 296, sec. 2, p. 781.]
Idaho Code § 39-4410 — Idaho Code / Title 39 / Chapter 44 / Section 39-4410
39-4410 TRANSPORTATION OF HAZARDOUS WASTE.
Status: in_force

39-4410. Transportation of hazardous waste. (1) The board shall promulgate hazardous waste transportation rules and regulations to control the intrastate and interstate transportation of federally regulated types and quantities of hazardous waste. The rules and regulations shall be consistent with the rules and regulations issued by the United States department of transportation and the United States environmental protection agency. The rules and regulations shall also be consistent with the rules and regulations of the Idaho public utilities commission unless such consistency would impair the primacy or the effectiveness of the state's hazardous waste management program. In that case the board shall confer with the commission and endeavor to develop mutually acceptable transportation rules and regulations. If mutually acceptable rules and regulations cannot be developed, the board shall promulgate transportation rules and regulations that minimize conflict with the commission's rules and regulations while assuring the primary authority and effectiveness of the state's hazardous waste management program. Rules and regulations so promulgated by the board shall prevail over conflicting rules and regulations of the commission.

(2) The hazardous waste transportation rules and regulations shall apply to all transporters of federally regulated types and quantities of hazardous waste generated either by themselves or by others. These rules and regulations shall apply to any movement of a regulated quantity of hazardous wastes to or from a hazardous waste facility or site.

(3) The hazardous waste transportation rules and regulations shall provide for but not be limited to:

(a) Standards for the containerization and labeling of hazardous wastes;

(b) Standards for the handling and placarding of hazardous waste shipments;

(c) A hazardous waste tracking system requiring that:

(i) All transporters of federally regulated types and quantities of hazardous waste obtain an identification number from the department, the environmental protection agency, or another approved state program, before accepting hazardous waste for transport;

(ii) All shipments of federally regulated types and quantities of hazardous waste to be shipped off site or received from off site be accompanied by a manifest or similar form describing the hazardous waste being shipped and its destination;

(iii) A copy of each manifest or similar form be returned to the generator and/or originator of the shipment and a copy be retained by the transporter for a minimum of three (3) years.

(4) The hazardous waste transportation rules and regulations may provide for special routing of hazardous waste shipments in this state when necessary to protect the public health, the public safety, or the environment consistent with federal statutory, regulatory and constitutional requirements.

(5) No commercial hazardous waste disposal facility or site permitted under section 39-4409, Idaho Code, shall receive regulated quantities of hazardous waste as defined by federal law from a motor vehicle or trailer unless the hazardous waste is accompanied by a proper manifest and the transporter has obtained a special permit from the Idaho transportation department as provided in sections 49-2202 and 49-2203, Idaho Code. If an improperly documented shipment of hazardous waste arrives at a permitted commercial hazardous waste facility or site, the owner or operator of the facility or site shall immediately notify the Idaho transportation department and the Idaho state police and follow the requirements of its permits and licenses for notification of appropriate agencies.

History:

[39-4410, added 1983, ch. 154, sec. 1, p. 422; am. 1984, ch. 205, sec. 2, p. 504; am. 1986, ch. 231, sec. 1, p. 628; am. 1988, ch. 265, sec. 568, p. 867; am. 1993, ch. 291, sec. 5, p. 1087; am. 2000, ch. 469, sec. 98, p. 1549.]
Idaho Code § 39-3628A — Idaho Code / Title 39 / Chapter 36 / Section 39-3628A
39-3628A AGRICULTURAL BEST MANAGEMENT PRACTICES (BMP) FUND ESTABLISHED.
Status: in_force

39-3628A. agricultural best management practices (BMP) fund established. (1) There is hereby created and established in the state treasury the agricultural best management practices (BMP) fund. The state treasurer shall invest the idle moneys of the account, and the interest earned on such investments shall be retained by the account. All moneys in the account are appropriated continuously to the department of environmental quality to be used and administered by it for the purposes specified in subsection (3) of this section and shall not be subject to the provisions of the standard appropriations act of 1945 or section 67-3516, Idaho Code.

(2) The fund shall have paid into it any gifts or grants from any source when the same are made for purposes consistent with those for which the fund is established, interest due to the investment of moneys in the account, or any other appropriation provided by the legislature.

(3) The department may expend or grant moneys from the agricultural best management practices (BMP) fund for a statewide grant program to support implementation of agricultural best management practices to help meet water quality standards in impaired water bodies in Idaho. The following are eligible for grants from the agricultural BMP fund:

(a) Agricultural producers;

(b) Organizations that provide irrigation water and drainage; and

(c) Soil conservation districts and other local public and private nonprofit organizations organized for the purpose of supporting agricultural BMP implementation. The department must ensure that such local organizations seeking funding for local agricultural BMP grant programs have sufficient knowledge, experience, and capability to conduct such programs and require that local agricultural BMP grants are subject to all the conditions and requirements of the statewide grant program.

(4) On or before the first day of each regular legislative session, the department must submit to the legislature a report of any moneys expended or obligated and any work begun or completed in the prior fiscal year pursuant to subsection (3) of this section.

History:

[39-3628A, added 2021, ch. 175, sec. 1, p. 487.]
Idaho Code § 39-6118 — Idaho Code / Title 39 / Chapter 61 / Section 39-6118
39-6118 DEPARTMENT RESPONSIBILITY TO REPORT.
Status: in_force

39-6118. Department responsibility to report. The department shall report to the United States department of state and the immigration agency if the applicant or waiver physician is determined to be out of compliance with any of the provisions of this chapter or if the waiver physician is determined to have left employment in the federally designated area.

History:

[39-6118, added 2004, ch. 128, sec. 1, p. 447; am. 2017, ch. 72, sec. 17, p. 184.]