Idaho Code § 39-173 — Idaho Code / Title 39 / Chapter 1 / Section 39-173
39-173 COMMITTEE — MEMBERS — TERMS.
Status: in_force

39-173. Committee — Members — Terms. As needed, to fulfill the duties described in section 39-174, Idaho Code, the director may appoint a committee that consists of seven (7) individuals and includes:

(1) One (1) representative of the department of environmental quality, who will provide administrative and other support to the committee.

(2) Two (2) representatives of the public health districts which have mill yard or wood debris within their districts.

(3) Two (2) representatives from industries generating wood or mill yard debris.

(4) Two (2) members with demonstrated technical knowledge important to the work of the committee.

Committee members shall be appointed to serve three (3) year terms. No member may serve more than two (2) full terms. Members serve at the pleasure of the director.

Members of the committee shall serve without compensation pursuant to section 59-509(a), Idaho Code.

History:

[(39-173) 39-168, added 1996, ch. 204, sec. 3, p. 628; amended & redesig. 2001, ch. 103, sec. 17, p. 267; am. 2013, ch. 16, sec. 1, p. 26.]
Idaho Code § 39-5311 — Idaho Code / Title 39 / Chapter 53 / Section 39-5311
39-5311 EFFECT OF ACTIONS TAKEN PURSUANT TO THE NATURAL DEATH ACT.
Status: in_force

39-5311. Effect of actions taken pursuant to the natural death act. Any action taken by a physician or health facility pursuant to an agreement with a vulnerable adult in accordance with the provisions of chapter 45, title 39, Idaho Code, shall not be construed to constitute abuse, exploitation, or neglect, so long as it is consistent with the withholding or withdrawal of artificial life-sustaining procedures from a qualified patient.

History:

[(39-5311) 1982, ch. 286, sec. 2, p. 734; am. and redesignated 1991, ch. 329, sec. 14, p. 853.]
Idaho Code § 39-9204 — Idaho Code / Title 39 / Chapter 92 / Section 39-9204
39-9204 DIRECT PRIMARY CARE AGREEMENT PROVISIONS.
Status: in_force

39-9204. DIRECT primary CARE AGREEMENT PROVISIONS. (1) A direct primary care agreement shall identify:

(a) The primary care provider and the patient;

(b) The general scope of services as well as the specific services to be provided by the primary care provider;

(c) The location or locations where services are to be provided;

(d) The amount of the direct fee and the time interval at which it is to be paid; and

(e) The term of the agreement and the conditions upon which it may be terminated by the primary care provider. The agreement shall be terminable at will by written notice from the patient to the primary care provider.

(2) If a party provides written notice of termination of the direct primary care agreement, the primary care provider shall refund to the patient all unearned direct fees within thirty (30) days following the notice of termination.

History:

[39-9204, added 2015, ch. 291, sec. 1, p. 1165.]
Idaho Code § 39-7407 — Idaho Code / Title 39 / Chapter 74 / Section 39-7407
39-7407 LOCATION RESTRICTIONS — SITE CERTIFICATION.
Status: in_force

39-7407. Location restrictions — Site certification. (1) The following location restrictions shall apply to all new MSWLF units, existing MSWLF units, and lateral expansions. Existing sites that cannot demonstrate compliance with the following standards for airports, floodplains, or unstable areas, must close by October 9, 1996, except as otherwise provided in 40 CFR 258.16.

(2) All MSWLF units to which this chapter is applicable shall meet the following locational standards:

(a) Shall not be located proximate to an airport runway except as provided in 40 CFR 258.10;

(b) Shall not be located in areas designated by the United States fish and wildlife service or the Idaho department of fish and game as critical habitat for endangered or threatened species of plants, fish, or wildlife, or designated as critical migratory routes for protectively managed species;

(c) Shall not be located so that the active portion is closer than two hundred (200) feet to the property line of adjacent land;

(d) Shall not be located so as to be at variance with any locally adopted land use plan or zoning requirement unless otherwise provided by local law or ordinance, provided that if no land use plan has been adopted by the local government which would have land use jurisdiction pursuant to chapter 65, title 67, Idaho Code, the site certification shall contain an analysis of the factors outlined in section 67-6508, Idaho Code, accompanied by findings and conclusions, setting forth the reasons therefore, entered by the local government with jurisdiction after a public hearing in accord with provisions of section 67-6509, Idaho Code, that the public interest would be served by locating a solid waste landfill on the site for which certification is sought;

(e) Shall not be located so that the active portion is any closer than one thousand (1,000) feet to any state or national park, or land reserved or withdrawn for scenic or natural use;

(f) Shall not be located within a one hundred (100) year flood plain except as provided in 40 CFR 258.11;

(g) Shall not be located in wetlands, except as provided in 40 CFR 258.12;

(h) A MSWLF unit active portion shall not be located:

(i) within three hundred (300) feet or the distance of the point of compliance, whichever is greater, upstream of a perennial stream, or river; and

(ii) within one thousand (1,000) feet of any perennial lake or pond.

(i) A MSWLF unit active portion shall not be located where the integrity of the site would be compromised by the presence of ground water which would interfere with construction or operation of the site;

(j) A MSWLF unit shall not be located:

(i) within two hundred (200) feet of a holocene fault as defined in 40 CFR 258.13 or adjacent to geologic features which could compromise the structural integrity of the MSWLF unit; and

(ii) within seismic impact zones except as provided in 40 CFR 258.14; and

(k) A MSWLF unit active portion shall not be located on any site whose natural state would be considered unstable in that its undisturbed character would not permit establishment of an MSWLF unit without unduly threatening the integrity of the design due to inherent site instability. The provisions of 40 CFR 258.15 shall be followed.

History:

[39-7407, added 1992, ch. 331, sec. 1, p. 980; am. 1993, ch. 139, sec. 7, p. 352.]
Idaho Code § 39-8502 — Idaho Code / Title 39 / Chapter 85 / Section 39-8502
39-8502 MEMBERSHIP.
Status: in_force

39-8502. Membership. The commission shall consist of seven (7) members as follows: a chairman and four (4) members who may be residents of the county of Bonner and shall be selected by the governor; the regional director of the United States fish and wildlife service; and the attorney general of the state of Idaho or the attorney general's designee. The governor of the state of Montana or the Montana governor's designee shall be an ex officio member of the commission. The terms of the members shall be three (3) years with the initial term to be staggered in terms of one (1), two (2) and three (3) years by the governor when he makes the appointment. A majority of the commission shall constitute a quorum for the transaction of business. The chairman and the four (4) members appointed by the governor shall be confirmed by the senate. Members shall be compensated as provided in section 59-509(b), Idaho Code.

History:

[(39-8502) 39-8402, added 2003, ch. 231, sec. 1, p. 591; am. and redesig. 2004, ch. 318, sec. 8, p. 898.]
Idaho Code § 39-7430 — Idaho Code / Title 39 / Chapter 74 / Section 39-7430
39-7430 RESEARCH, DEVELOPMENT, AND DEMONSTRATION PERMITS.
Status: in_force

39-7430. Research, development, and demonstration permits. (1) The provisions of 42 U.S.C. 6945(c)(1)(B) and 40 CFR 258 allow the administrator of the United States environmental protection agency to approve state research, development, and demonstration permit programs.

(2) The director shall initiate the process outlined in 40 CFR 239 by which the state may receive authorization to issue research, development, and demonstration (RDD) permits in compliance with 40 CFR 258.4 at such time as:

(a) The department receives a request from any individual who expresses an intent to apply for an RDD permit; and

(b) The department and requesting individual enter into a written agreement in which the requesting individual agrees to reimburse the department for the reasonable and necessary cost to make such application.

(3) Upon receipt of state authorization to issue such permits, the director may issue an RDD permit for a new MSWLF unit, existing MSWLF unit, or lateral expansion for which the owner or operator proposes to utilize innovative and new methods which vary from either or both of the following criteria:

(a) The run-on control systems required by this chapter; and

(b) The liquid restrictions pursuant to this chapter.

(4) Any permit issued under subsection (3) of this section shall include the following terms and conditions:

(a) The MSWLF unit shall have a leachate collection system designed and constructed to maintain less than a thirty (30) centimeter depth of leachate on the liner;

(b) Any liquids to be recirculated, injected or otherwise placed in the MSWLF unit shall be appropriate for the purposes of determining the efficacy and performance capabilities of the technology or process and shall be approved by the director;

(c) The MSWLF unit owner or operator shall install and operate a landfill gas collection and control system in accordance with emission control requirements specified in 40 CFR part 60, and, when collected in economically feasible volumes, landfill gas shall be used for energy generation.

(5) Upon receipt of state authorization to issue such permits, the director may issue an RDD permit for a new MSWLF unit, existing MSWLF unit, or lateral expansion, for which the owner or operator proposes to utilize innovative and new methods which vary from the final cover criteria of 40 CFR 258.60 (a)(1), (a)(2) and (b)(1) provided the landfill owner or operator demonstrates that the infiltration of liquid will not cause contamination of ground water or surface water, or cause leachate depth on the liner to exceed thirty (30) centimeters.

(6) Any permit issued under the provisions of this section shall include terms and conditions at least as protective as the criteria for MSWLFs to assure protection of human health and the environment. Such permits shall:

(a) Provide for the construction and operation of such facilities as necessary, for not longer than three (3) years, unless renewed as provided in subsection (8) of this section;

(b) Provide that the MSWLF unit must receive only those types and quantities of solid waste and nonhazardous wastes which the director deems appropriate for the purposes of determining the efficacy and performance capabilities of the technology or process;

(c) Include such requirements as necessary to protect human health and the environment, including such requirements as necessary for testing and providing information to the director with respect to the operation of the facility;

(d) Require the owner or operator of an MSWLF unit permitted under this section to submit an annual report to the director showing whether and to what extent the site is progressing in attaining project goals. The report shall also include a summary of all monitoring and testing results, as well as any other operating information specified by the director in the permit. Annual reports shall be submitted to the director within three (3) months after the anniversary date of the approved permit or permit renewal; and

(e) Require compliance with all criteria in chapter 74, title 39, Idaho Code, except as permitted under this section.

(7) The director may order an immediate termination of all operations at the facility allowed under this section or other corrective measures at any time the director determines that the overall goals of the project are not being attained including, but not limited to, protection of human health or the environment.

(8) Any permit issued under the provisions of this section shall not exceed three (3) years and each renewal of a permit shall not exceed three (3) years.

(a) The total term for a permit for a project, including renewals, shall not exceed twenty-one (21) years.

(b) During permit renewal, the applicant shall provide a detailed assessment of the project showing the status with respect to achieving project goals, a list of problems and status with respect to problem resolutions, and any other requirements that the director determines necessary for permit renewal.

(c) Owners or operators requesting permit renewal shall submit the permit renewal application to the director at least six (6) months prior to the existing permit's expiration date.

(9) It shall be unlawful to begin construction to implement or otherwise utilize the exemptions provided in this section without first receiving a permit from the director. Permit applications will be processed in the following manner:

(a) The director shall review the RDD permit application and each subsequent permit renewal in the same manner as the director reviews requests for design approval pursuant to this chapter. An applicant shall provide information in the permit application in sufficient detail to address design, operating, closure, post-closure and financial assurance requirements.

(b) Each permit application and permit renewal application shall require the owner or operator to certify to the director that the information contained in the application is, to the best of his or her knowledge, accurate and true, and the MSWLF unit is in compliance with applicable law.

(10) Permit review and oversight costs incurred by the department shall be reimbursed by the applicant or permittee. Reimbursable review and oversight costs shall include, but are not limited to:

(a) Reasonable costs associated with the director's review of a permit application submitted pursuant to this section, including department staff time and the cost of goods and services contracted by the department in performance of the activities described in this section;

(b) Reasonable costs associated with the department's oversight of permitted RDD units, including inspections and the review of annual reports, monitoring, and testing results required pursuant to this section or required by permit, and the processing of permit amendments and terminations; and

(c) All other reasonable and necessary costs of actions taken by the department pursuant to this section.

(11) Reimbursable review and oversight costs incurred by the department, as defined in subsection (10) of this section, shall be reimbursed as follows:

(a) Each permit application submitted to the director pursuant to this section shall be accompanied by a nonrefundable fee of two hundred fifty dollars ($250) and an estimation of reimbursable review and oversight costs the department may incur associated with the review of the permit application and oversight of the permit. Each permit renewal application submitted to the director pursuant to this section shall be accompanied by a nonrefundable fee of one hundred dollars ($100) and an estimation of reimbursable review and oversight costs the department may incur associated with the review and oversight of the permit renewal.

(b) If the department determines that the applicant's estimation of reimbursable review and oversight costs is accurate, and the submission of such funds will adequately reimburse the department for the cost of all review and oversight activities associated with that permit application or renewal application, the department shall notify the applicant, and the applicant shall submit to the department the full amount, or an installment deposit in the amount required pursuant to this subsection.

(c) If the department determines that the applicant's estimation of reimbursable review and oversight costs is not accurate, and the submission of such funds will not adequately reimburse the department for the cost of all review and oversight activities associated with that permit application or renewal application, the department shall notify the applicant and the application shall be returned to the applicant.

(d) Upon receipt of funds in the amount estimated by the applicant and concurred to by the department or receipt of an installment deposit in the amount required under this subsection, the director shall initiate permit application review or permit renewal review.

(e) Once the department concurs with an applicant's estimation of reimbursable review and oversight costs, and the department provides the applicant notice thereof, a permit applicant or permit renewal applicant may submit to the department the reimbursement funds in their entirety or an installment deposit of two thousand five hundred dollars ($2,500). Should funding be required for costs incurred in excess of the initial two thousand five hundred dollar ($2,500) deposit, the department shall notify the applicant of required successive deposits in the amount of two thousand five hundred dollars ($2,500). Any unused portion of the reimbursement funds, deposit, or successive deposit shall be returned to the applicant within sixty (60) days of the director's final decision to issue or deny a permit or permit renewal pursuant to this section. If the applicant fails to submit a successive deposit, the department shall suspend review of the permit application or renewal application, and the director shall be relieved of any applicable statutory or regulatory permit application or renewal application review deadlines during the review suspension.

(f) The director shall, as a condition of renewal, require renewal applicants to reimburse the department for previously uncaptured reimbursable permit review and oversight costs incurred by the department during the prior permit term.

(g) Upon request, the department shall provide documentation to the applicant to aid in the development of the applicant's estimation of reimbursable review and oversight costs or to support the department's claims for such reimbursement.

(h) Funds submitted to the department pursuant to this section shall not be returned if a permit application is terminated, withdrawn, returned, or denied unless the funds, or some portion thereof, have not been used by the department as of the date of the termination, withdrawal, return, or denial.

(12) A permit issued pursuant to this section may be transferred only to a new owner or operator of the permitted MSWLF. The new owner or operator shall submit to the director, in writing, a request for permit transfer. The request shall include a statement that the new owner or operator will comply with all terms and conditions of the permit. Upon transfer of the permit, the new owner or operator shall be responsible for compliance with all terms and conditions of the permit, and shall be subject to enforcement of such terms and conditions.

(13) The following MSWLF units are not eligible for a permit issued pursuant to this section:

(a) MSWLF units operating under an exemption set forth in this chapter.

(b) MSWLF units operating under an exemption set forth in 40 CFR 258.1(f).

(c) MSWLF units that dispose of twenty (20) tons of solid waste per day or less, based on an annual average, are not eligible for a variance from 40 CFR 258.60(b)(1), except in accordance with 40 CFR 258.60(b)(3).

(d) MSWLF units that have exceeded ground water protection standards at statistically significant levels as specified in this chapter, from any waste unit on site and have not implemented a remedy in accordance with this chapter, prior to RDD permit application submittal.

(e) MSWLF units that have landfill gas concentration exceedances, as specified in this chapter, from any waste unit on site and have not implemented a remedy in accordance with this chapter, prior to RDD permit application submittal.

(14) Owners or operators of MSWLF units circulating leachate or gas condensate derived from the MSWLF unit in compliance with this chapter, and 40 CFR 258.28, and not implementing or otherwise utilizing an exemption under this section, are not required to comply with the requirements of this section.

(15) An applicant or permittee may appeal any final decision made by the director under this section by filing a request for hearing in accordance with rules promulgated by the department governing contested cases, or in the absence of such rules, in accordance with the procedures in chapter 52, title 67, Idaho Code.

History:

[(39-7430) 39-7421, added 2010, ch. 146, sec. 1, p. 309; am. and redesig. 2026, ch. 7, sec. 34, p. 53.]
Idaho Code § 39-3613 — Idaho Code / Title 39 / Chapter 36 / Section 39-3613
39-3613 CREATION OF BASIN ADVISORY GROUPS.
Status: in_force

39-3613. Creation of basin advisory groups. The director, in consultation with the designated agencies, shall name, for each of the state's major river basins, no less than one (1) basin advisory group which shall generally advise the director on water quality objectives for each basin and work in a cooperative manner with the director to achieve these objectives. Each such group shall establish by majority vote, operating procedures to guide the work of the group. Members shall be compensated pursuant to section 59-509(c), Idaho Code. The membership of each basin advisory group shall be representative of the industries and interests directly affected by the implementation of water quality programs within the basin and each member of the group shall either reside within the basin or represent persons with a real property interest within the basin. Recognized groups representing those industries or interests in the basin may nominate members of the group to the director. Each basin advisory group named by the director shall reflect a balanced representation of the interests in the basin and shall, where appropriate, include a representative from each of the following: agriculture, mining, nonmunicipal point source discharge permittees, forest products, local government, livestock, Indian tribes (for areas within reservation boundaries), water-based recreation, and environmental interests. In addition, the director shall name one (1) person to represent the public at large who may reside outside the basin. Members named to the basin advisory groups shall, in the opinion of the director, have demonstrated interest or expertise which will be of benefit to the work of the basin advisory group. The director may also name as may be needed those who have expertise necessary to assist in the work of the basin advisory group who shall serve as technical nonvoting advisers to the basin advisory group.

History:

[39-3613, added 1995, ch. 352, sec. 1, p. 1174; am. 1997, ch. 214, sec. 1, p. 634; am. 2001, ch. 103, sec. 32, p. 277; am. 2001, ch. 371, sec. 1, p. 1296; am. 2007, ch. 90, sec. 21, p. 258.]
Idaho Code § 39-3025 — Idaho Code / Title 39 / Chapter 30 / Section 39-3025
39-3025 NORTHWEST INTERSTATE COMPACT ON LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT.
Status: in_force

39-3025. Northwest Interstate Compact on Low-level Radioactive Waste Management. The Northwest Interstate Compact on Low-level Radioactive Waste Management is hereby enacted into law and entered into by the state of Idaho as a party, and is in full force and effect between the state and any other state joining therein in accordance with the terms of the compact, which compact is substantially as follows:

NORTHWEST INTERSTATE COMPACT ON

LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT

ARTICLE I — Policy and Purpose

The party states recognize that low-level radioactive wastes are generated by essential activities and services that benefit the citizens of the states. It is further recognized that the protection of the health and safety of the citizens of the party states and the most economical management of low-level radioactive wastes can be accomplished through cooperation of the states in minimizing the amount of handling and transportation required to dispose of such wastes and through the cooperation of the states in providing facilities that serve the region. It is the policy of the party states to undertake the necessary cooperation to protect the health and safety of the citizens of the party states and to provide for the most economical management of low-level radioactive wastes on a continuing basis. It is the purpose of this compact to provide the means for such a cooperative effort among the party states so that the protection of the citizens of the states and the maintenance of the viability of the states' economies will be enhanced while sharing the responsibilities of radioactive low-level waste management.

ARTICLE II — Definitions

As used in this compact:

(1) "Facility" means any site, location, structure, or property used or to be used for the storage, treatment, or disposal of low-level waste, excluding federal waste facilities;

(2) "Low-level waste" means waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities which exceed applicable federal or state standards for unrestricted release. Low-level waste does not include waste containing more than ten (10) nanocuries of transuranic contaminants per gram of material, nor spent reactor fuel, nor material classified as either high-level waste or waste which is unsuited for disposal by near-surface burial under any applicable federal regulations;

(3) "Generator" means any person, partnership, association, corporation, or any other entity whatsoever which, as a part of its activities, produces low-level radioactive waste;

(4) "Host state" means a state in which a facility is located.

ARTICLE III — Regulatory Practices

Each party state hereby agrees to adopt practices which will require low-level waste shipments originating within its borders and destined for a facility within another party state to conform to the applicable packaging and transportation requirements and regulations of the host state. Such practices shall include:

(1) Maintaining an inventory of all generators within the state that have shipped or expect to ship low-level waste to facilities in another party state;

(2) Periodic unannounced inspection of the premises of such generators and the waste management activities thereon;

(3) Authorization of the containers in which such waste may be shipped, and a requirement that generators use only that type of container authorized by the state;

(4) Assurance that inspections of the carriers which transport such waste are conducted by proper authorities, and appropriate enforcement action taken for violations;

(5) After receiving notification from a host state that a generator within the party state is in violation of applicable packaging or transportation standards, the party state will take appropriate action to assure that such violations do not recur. Such action may include inspection of every individual low-level waste shipment by that generator.

Each party state may impose fees upon generators and shippers to recover the cost of the inspections and other practices under this article. Nothing in this article shall be construed to limit any party state's authority to impose additional or more stringent standards on generators or carriers than those required under this article.

ARTICLE IV — Regional Facilities

(1) Facilities located in any party state, other than facilities established or maintained by individual low-level waste generators for the management of their own low-level waste, shall accept low-level waste generated in any party state if such waste has been packaged and transported according to applicable laws and regulations.

(2) No facility located in any party state may accept low-level waste generated outside of the region comprised of the party states, except as provided in article V.

(3) Until such time as paragraph (2) of article IV takes effect, facilities located in any party state may accept low-level waste generated outside of any of the party states only if such waste is accompanied by a certificate of compliance issued by an official of the state in which such waste shipment originated. Such certificate shall be in such form as may be required by the host state, and shall contain at least the following:

(A) The generator's name and address;

(B) A description of the contents of the low-level waste container;

(C) A statement that the low-level waste being shipped has been inspected by the official who issued the certificate or by his agent or by a representative of the United States nuclear regulatory commission, and found to have been packaged in compliance with applicable federal regulations and such additional requirements as may be imposed by the host state;

(D) A binding agreement by the state of origin to reimburse any party state for any liability or expense incurred as a result of an accidental release of such waste during shipment or after such waste reaches the facility.

(4) Each party state shall cooperate with the other party states in determining the appropriate site of any facility that might be required within the region comprised of the party states, in order to maximize public health and safety while minimizing the use of any one (1) party state as the host of such facilities on a permanent basis. Each party state further agrees that decisions regarding low-level waste management facilities in their region will be reached though a good faith process which takes into account the burdens borne by each of the party states as well as the benefits each has received.

(5) The party states recognize that the issue of hazardous chemical waste management is similar in many respects to that of low-level waste management. Therefore, in consideration of the state of Washington allowing access to its low-level waste disposal facility by generators in other party states, party states such as Oregon and Idaho which host hazardous chemical waste disposal facilities will allow access to such facilities by generators within other party states. Nothing in this compact shall be construed to prevent any party state from limiting the nature and type of hazardous chemical or low-level wastes to be accepted at facilities within its borders or from ordering the closure of such facilities, so long as such action by a host state is applied equally to all generators within the region comprised of the party states.

(6) Any host state may establish a schedule of fees and requirements related to its facility, to assure that closure, perpetual care, and maintenance and contingency requirements are met, including adequate bonding.

ARTICLE V — Northwest Low-Level Waste Compact Committee

The governor of each party state shall designate one (1) official of that state as the person responsible for administration of this compact. The officials so designated shall together comprise the northwest low-level waste compact committee. The committee shall meet as required to consider matters arising under this compact. The parties shall inform the committee of existing regulations concerning low-level waste management in their states, and shall afford all parties a reasonable opportunity to review and comment upon any proposed modifications in such regulations. Notwithstanding any provision of article IV to the contrary, the committee may enter into arrangements with states, provinces, individual generators, or regional compact entities outside the region comprised of the party states for access to facilities on such terms and conditions as the committee may deem appropriate. However, it shall require a two-thirds (2/3) vote of all such members, including the affirmative vote of the member of any party state in which a facility affected by such arrangement is located, for the committee to enter into such arrangement.

ARTICLE VI — Eligible Parties and Effective Date

(1) Each of the following states is eligible to become a party to this compact: Alaska, Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming. As to any eligible party, this compact shall become effective upon enactment into law by that party, but it shall not become initially effective until enacted into law by two (2) states. Any party state may withdraw from this compact by enacting a statute repealing its approval.

(2) After the compact has initially taken effect pursuant to paragraph (1) of this article, any eligible party state may become a party to this compact by the execution of an executive order by the governor of the state. Any state which becomes a party in this manner shall cease to be a party upon the final adjournment of the next general or regular session of its legislature or July 1, 1983, whichever occurs first, unless the compact has by then been enacted as a statute by that state.

(3) Paragraph (2) of article IV of this compact shall take effect on July 1, 1983, if consent is given by congress. As provided in public law 96-573, congress may withdraw its consent to the compact after every five (5) year period.

ARTICLE VII — Severability

If any provision of this compact, or its application to any person or circumstance, is held to be invalid, all other provisions of this compact, and the application of all of its provisions to all other persons and circumstances, shall remain valid; and to this end the provisions of this compact are severable.

History:

[39-3025, added 1981, ch. 345, sec. 1, p. 714.]
Idaho Code § 39-3411 — Idaho Code / Title 39 / Chapter 34 / Section 39-3411
39-3411 REQUIREMENTS FOR INFORMED CONSENT.
Status: in_force

39-3411. Requirements for informed consent. In the absence of a document of gift or other evidence of an individual's intention to make or refuse to make an anatomical gift, the following information shall be provided to any person or persons, listed in section 39-3409, Idaho Code, approached for purposes of obtaining informed consent:

(1) A confirmation of the donor's identity and his or her clinical terminal condition;

(2) A general description of the purposes of anatomical gift donation;

(3) Identification of specific organs and/or tissues, including cells, that are being requested for donation, provided that subsequent information on the specific gifts recovered shall be supplied;

(4) An explanation that the retrieved organs and/or tissues may be used for transplantation, therapy, medical research or educational purposes;

(5) A general description of the recovery process including, but not limited to, timing, relocation of the donor if applicable, and contact information;

(6) An explanation that laboratory tests and a medical and/or social history will be completed to determine the medical suitability of the donor and that blood samples from the donor will be tested for certain transmissible diseases, including testing for HIV antibodies or antigens;

(7) An explanation that the spleen, lymph nodes and blood may be removed, and cultures may be performed, for the purpose of determining donor suitability and donor and recipient capability;

(8) A statement granting access to the donor's medical records and providing that the medical records may be released to other appropriate parties;

(9) An explanation that costs directly related to the evaluation, recovery, preservation and placement of the organs and/or tissues will not be charged to the family members of the donor;

(10) An explanation of the impact the donation process may have on burial arrangements and on the appearance of the donor's body; and

(11) A statement that tissues or parts may be retrieved and/or used by for-profit procurement entities.

History:

[39-3411, added 2007, ch. 30, sec. 2, p. 67.]
Idaho Code § 39-7201 — Idaho Code / Title 39 / Chapter 72 / Section 39-7201
39-7201 SHORT TITLE.
Status: in_force

39-7201. Short title. This chapter may be known and cited as the "Idaho Land Remediation Act."

History:

[39-7201, added 1996, ch. 252, sec. 1, p. 796.]
Idaho Code § 39-1448A — Idaho Code / Title 39 / Chapter 14 / Section 39-1448A
39-1448A NOTES.
Status: in_force

39-1448A. Notes. The authority is authorized from time to time to issue its negotiable notes for any corporate purpose, including the payment of all or any part of the cost of any facility, and renew from time to time any notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue notes partly to renew notes or to discharge other obligations then outstanding and partly for any other purpose. The notes may be authorized, sold, executed and delivered in the same manner as bonds. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution or resolutions authorizing bonds of the authority or any issue thereof, and the authority may include in any notes any terms, covenants or conditions which it is authorized to include in any bonds. All such notes shall be payable from the proceeds of bonds or renewal notes or from the revenues of the authority or other moneys available therefor and not otherwise pledged, subject only to any contractual rights of the holders of any of its notes or other obligations then outstanding.

History:

[I.C., sec. 39-1448A, as added by 1973, ch. 178, sec. 6, p. 393.]
Idaho Code § 39-1109 — Idaho Code / Title 39 / Chapter 11 / Section 39-1109
39-1109 SAFETY STANDARDS.
Status: in_force

39-1109. safety standards. (1) Daycare facilities, owners and operators shall comply with the following safety standards in the area of the daycare facility in which daycare is provided:

(a) Adequate fire and smoke alarms;

(b) A functional telephone located on the daycare premises during the hours of operation;

(c) Adequate fire extinguishers;

(d) Adequate exits;

(e) Firearms or other weapons that are stored on the premises of a daycare facility must be kept in a locked container that is inaccessible to children while daycare attendees are present;

(f) Pools, hot tubs, ponds and other bodies of water that are on the daycare facility premises must provide the following safeguards:

(i) The area surrounding the body of water must be fenced and locked in a manner that prevents access by children and meets the following requirements:

1. The fence must be at least four (4) feet high with no vertical opening more than four (4) inches wide, be designed so that a young child cannot climb or squeeze under or through the fence, surround all sides of the pool and have a gate that is self-closing and that has a self-latching mechanism in proper working order out of the reach of young children;

2. If the house forms one (1) side of the barrier for the pool, all doors that provide unrestricted access to the pool must have alarms that produce an audible sound when the door is opened;

3. Furniture or other large objects must not be left near the fence in a manner that would enable a child to climb on the furniture or other large object and gain access to the pool; and

(ii) If the area surrounding a pool, hot tub, pond or other body of water is not fenced and locked, there must be a secured protective covering that will not allow access by a child;

(iii) Wading pools must be empty when not in use;

(iv) Children must be under direct supervision of at least one (1) adult employee while using a pool, hot tub, pond or other body of water; and

(v) A minimum of a four (4) foot high fence must be present that prevents access from the daycare facility premises if the daycare premises are adjacent to a body of water; and

(g) The owner or operator of a daycare facility shall ensure that at all times when a child or children are present, at least one (1) adult employee on the premises has current certification in pediatric rescue breathing and first aid treatment from a certified instructor.

(2) No fire standards developed pursuant to this chapter shall be more stringent than the standards contained in the International Fire Code, as adopted by Idaho.

(3) At least one (1) adult employee must be present at all times when a child or children are in attendance.

(4)(a) The maximum allowable child:staff ratio shall be a maximum of twelve (12) points per staff member using the following point system:

(i) Each child in attendance under the age of twenty-four (24) months shall equal two (2) points.

(ii) Each child in attendance from twenty-four (24) months to under thirty-six (36) months of age shall equal one and thirty-three hundredths (1.33) points.

(iii) Each child in attendance from thirty-six (36) months to under five (5) years of age shall equal nine hundred twenty-three thousandths (0.923) of a point.

(iv) Each child in attendance from five (5) years to under thirteen (13) years of age shall equal forty-eight hundredths (0.48) of a point.

(b) Each child in attendance shall be counted by the department for purposes of calculating maximum allowable points, counting the number of children in attendance and for determining compliance with child:staff ratios.

(c) Daycare facilities may operate with child:staff ratios more stringent than those specified in paragraph (a) of this subsection.

(5) Sleeping children must be within sight and normal hearing range of a provider.

(6) For daycare facilities providing overnight care of children:

(a) A sleeping child shall sleep on the same level as a staff member;

(b) At least one (1) staff member shall be awake and on duty;

(c) Sleeping children shall have separate cots, mats, or beds and blankets; and

(d) A child shall not share a bed with a non-parent adult.

History:

[39-1109, added 1987, ch. 56, sec. 1, p. 95; am. 1997, ch. 164, sec. 1, p. 474; am. 2002, ch. 86, sec. 3, p. 197; am. 2009, ch. 295, sec. 9, p. 876; am. 2011, ch. 274, sec. 3, p. 745; am. 2025, ch. 185, sec. 6, p. 864; am. 2025, ch. 186, sec. 4, p. 869.]
Idaho Code § 39-7422 — Idaho Code / Title 39 / Chapter 74 / Section 39-7422
39-7422 ADMINISTRATIVE REVIEW AND APPROVAL PROCESS.
Status: in_force

39-7422. Administrative review and approval process. (1) The process set forth in this section applies to the following applications:

(a) Final design reports;

(b) Ground water monitoring plans;

(c) Operations plan recertifications or amendments;

(d) Closure plans;

(e) Post-closure care plans;

(f) Financial assurance plans; and

(g) Minor modifications.

(2) Within fourteen (14) days of receiving an application, the department shall notify the applicant, in writing, that the application is complete or incomplete.

(a) If the application is deemed incomplete by the department, the notice shall:

(i) Explain the application's deficiencies;

(ii) Identify applicable standards, requirements, and other information relied on by the department in determining that the application is incomplete;

(iii) Inform the applicant that the application can be resubmitted pursuant to this section; and

(iv) State that the applicant may request a meeting with the department to review the application, its deficiencies, and solutions thereto.

(b) Incomplete applications can be resubmitted within six (6) months of the date on the department's notice. The resubmitted application shall address all deficiencies identified in the notice. The department shall have fourteen (14) days to review the resubmitted application. If the department determines that deficiencies remain, the department shall notify the applicant, in writing, that the application has been rejected and shall include in such notice an explanation of the deficiencies and information relied on in making such determination.

(3) Within thirty-five (35) days of the date on the notice of a complete application, the director shall notify the applicant, in writing, that the application has been accepted or rejected.

(a) When reviewing an application, the director shall defer to the opinion of the applicant's qualified professionals, unless there is reliable empirical evidence that the affirmations in the application are erroneous.

(b) An application shall be approved if the director determines that all applicable standards, requirements, and criteria of applicable local, state, and federal law, rules, and regulations have been satisfied.

(c) A rejected application shall be accompanied by written findings that thoroughly explain the reason for rejecting the application and provide the rationale, evidence, applicable standards, requirements, and information relied on by the director in rejecting the application.

History:

[39-7422, added 2026, ch. 7, sec. 26, p. 48.]
Idaho Code § 39-702 — Idaho Code / Title 39 / Chapter 7 / Section 39-702
39-702 AUTHORITY TO ADMINISTER CPR OR USE AN AED.
Status: in_force

39-702. authority to administer cpr or use an aed. Any person may, if the person reasonably believes that another person is in sudden cardiac arrest, administer CPR or use an AED on the other person.

History:

[39-702, added 2023, ch. 123, sec. 2, p. 356.]
Idaho Code § 39-121 — Idaho Code / Title 39 / Chapter 1 / Section 39-121
39-121 DEFINITIONS.
Status: in_force

39-121. Definitions. As used in section 39-102, Idaho Code, and in sections 39-120 through 39-127, Idaho Code:

(1) "Cleanup" means removal, treatment or isolation of a contaminant from ground water through the directed efforts of humans or the removal or treatment of a contaminant in ground water through management practice or the construction of barriers, trenches and other similar facilities for prevention of contamination, as well as the use of natural processes such as ground water recharge, natural decay and chemical or biological decomposition.

(2) "Contaminant" means any chemical, ion, radionuclide, synthetic organic compound, microorganism, waste or other substance which does not occur naturally in ground water or which naturally occurs at a lower concentration.

(3) "Contamination" means the direct or indirect introduction into ground water of any contaminant caused in whole or in part by human activities.

(4) "Ground water" means any water of the state which occurs beneath the surface of the earth in a saturated geological formation of rock or soil.

(5) "Ground water quality plan" or "ground water quality protection plan" means the Idaho ground water quality plan adopted by the legislature in section 1, chapter 310, laws of 1992, and in section 1, chapter 273, laws of 1995.

History:

[39-121, added 1989, ch. 421, sec. 2, p. 1029; am. 2000, ch. 132, sec. 29, p. 339.]
Idaho Code § 39-3313 — Idaho Code / Title 39 / Chapter 33 / Section 39-3313
39-3313 ADMISSION AGREEMENTS.
Status: in_force

39-3313. Admission agreements. (1) Upon admission to a residential care or assisted living facility, the facility and the resident shall enter into an admission agreement. The admission agreement shall clearly outline who is financially responsible for resident charges and shall clearly outline the facility's resident discharge policies. The agreement shall be in writing and shall be signed by both parties. The board shall promulgate rules governing admission agreements which may be integrated with the negotiated service agreement.

(2) A resident may be discharged for the following:

(a) A resident's failure to pay;

(b) The facility's inability to meet the resident's needs;

(c) The resident's needs are greater than the level of care provided by the specific facility;

(d) The resident is a danger to himself or others.

(3) A resident shall have the right to appeal a discharge as established by department rule.

(4) Should a residential care or assisted living facility choose not to carry professional liability insurance, that information shall be disclosed, in writing, to residents upon admission.

History:

[39-3313, added 1990, ch. 116, sec. 2, p. 246; am. 1996, ch. 207, sec. 11, p. 638; am. 2000, ch. 274, sec. 18, p. 815; am. 2005, ch. 280, sec. 12, p. 887.]
Idaho Code § 39-7410 — Idaho Code / Title 39 / Chapter 74 / Section 39-7410
39-7410 STANDARDS FOR DESIGN.
Status: in_force

39-7410. Standards for design. (1) These standards apply to new MSWLF units and lateral expansions of existing facilities as provided in 40 CFR 258.40.

(2) An application shall indicate the liner design that will be used in each phase of construction. All MSWLF units shall use one (1) or more of the following designs, in combination or alone:

(a) A composite liner design, as provided under 40 CFR 258.40(b) that includes a leachate collection system as provided under 40 CFR 258.40(a)(2);

(b) A site-specific alternate liner design based upon environmental performance, as allowed under 40 CFR 258.40(a)(1), which will ensure that the concentration values listed in table 1, 40 CFR 258.40, or as amended, will not be exceeded in the uppermost aquifer at the relevant point of compliance. This design shall demonstrate consideration of site specific factors as provided in 40 CFR 258.40(c) and shall include a leachate collection system as provided under 40 CFR 258.40(a)(2);

(c) A site-specific arid design based upon environmental performance, as allowed under 40 CFR 258.40(a)(1) which will ensure that the concentration values listed in table 1, 40 CFR 258.40, or as amended, will not be exceeded in the uppermost aquifer at the relevant point of compliance. This design shall use both field collected data and predictions that maximize contaminant migration for demonstrating no potential for migration. This design only applies if:

(i) Solid waste is deposited no less than fifty (50) feet above the seasonal high level of ground water in the uppermost aquifer;

(ii) The geologic formation beneath the site and above the uppermost aquifer must have capillary capacities greater than the projected maximum volume of leachate generated during the active life of the MSWLF unit;

(iii) No potential for migration is demonstrated; and

(iv) The location has less than twenty-five (25) inches of precipitation annually, net evaporative losses greater than thirty (30) inches annually, and a holding capacity in native soils greater than annual absorbance.

(3) For each MSWLF unit, the relevant point of compliance shall be set by a qualified professional by criteria contained in 40 CFR 258.40(d), subject to approval by the director.

(4) Leachate discharge shall comply with permitted discharge requirements under the federal clean water act (PL 95-217) and federal storm water discharge regulations (40 CFR part 122).

History:

[(39-7410) 39-7409, added 1992, ch. 331, sec. 1, p. 986; am. and redesig. 1993, ch. 139, sec. 11, p. 356; am. 1994, ch. 75, sec. 6, p. 167; am. 1997, ch. 11, sec. 1, p. 11; am. and redesig. 2026, ch. 7, sec. 14, p. 36.]
Idaho Code § 39-1602 — Idaho Code / Title 39 / Chapter 16 / Section 39-1602
39-1602 DEFINITIONS.
Status: in_force

39-1602. Definitions. As used in this chapter:

(1) "Commissary" means a place where food, containers, or supplies are stored, prepared, or packaged for transit, sale, or service at other locations.

(2) "Food establishment" means those operations in the food business, such as but not limited to food processing establishments, canning factories, salvage processing facilities, food service establishments, cold storage plants, commissaries, warehouses, food vending machine operations and location, caterers, mobile food units, and retail food stores. Such operations include all activities under the control of the license holder, including preparation, processing, storage, service, transportation vehicles, satellite locations, divisions and departments, and remote feeding sites. The term includes operations that are conducted in permanent, temporary, or mobile facilities or locations. It includes any food operation regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. Individual divisions and departments on one (1) premises and under common ownership shall, as a whole, be considered a single food establishment. The term "food establishment" does not include:

(a) Private homes where food is prepared or served for individual family consumption;

(b) Fraternal, benevolent, or nonprofit charitable organizations that do not prepare or serve food on a regular basis. Food shall not be considered to be served on a regular basis if the food is served for a period not to exceed five (5) consecutive days on no more than three (3) occasions per year for foods that are not potentially hazardous, or if the food is served no more than one (1) meal a week for all other foods;

(c) Bed and breakfast establishments with ten (10) or fewer beds;

(d) Establishments that offer only factory-sealed foods that are not potentially hazardous;

(e) Any nonretail activity subject to regulation pursuant to the United States food and drug administration food safety modernization act, provided that such nonretail activity is subject to registration pursuant to section 415 of the federal food, drug and cosmetic act. Such activities shall be subject to regulation by the Idaho state department of agriculture pursuant to the provisions of section 22-113, Idaho Code, in the event the state enacts legislation providing that it should seek federal authorization of such regulation;

(f) Agricultural markets;

(g) Agricultural equipment used for the extraction or harvest of an agricultural product, including but not limited to mint stills; and

(h) Those operating pursuant to chapter 2, title 37, Idaho Code.

(3) "Intermittent food establishment" means a food vendor that operates for a period of time, not to exceed six (6) consecutive days per week, at a single, specified location in conjunction with a recurring event. Examples of a recurring event may be a farmers or community market or a holiday market. Intermittent food establishment does not include the vendor of farm-fresh ungraded eggs at a recurring event.

(4) "Mobile food establishment" means a food establishment selling or serving food for human consumption from any vehicle or other temporary or itinerant station and includes any movable food service establishment, truck, van, trailer, pushcart, bicycle, watercraft, or other movable food service with or without wheels, including hand-carried, portable containers in or on which food or beverage is transported, stored, or prepared for retail sale or given away at temporary locations.

(5) "Potentially hazardous food" means any food or ingredient, natural or synthetic, in a form capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms or the slower growth of clostridium botulinum. Included is any food of animal origin, either raw or heat-treated, and any food of plant origin that has been heat-treated or that is raw seed sprouts, cut melons, and garlic and oil mixtures. The term "potentially hazardous food" does not include:

(a) Air-dried hard-boiled eggs with shells intact;

(b) Foods with a water activity (aw) value of eighty-five hundredths (0.85) or less;

(c) Foods with a pH (hydrogen ion concentration) level of four and six-tenths (4.6) or below when measured at seventy-five (75) degrees Fahrenheit;

(d) Foods in unopened hermetically sealed containers that have been commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution;

(e) Foods for which laboratory evidence, acceptable to the regulatory authority, demonstrates that rapid and progressive growth of infectious and toxigenic microorganisms or the slower growth of clostridium botulinum cannot occur;

(f) Milk, half-and-half cream, butter products, frozen dairy desserts, and other fluid milk products, in the original unopened container; and

(g) Any other food items determined by the department of health and welfare not to be potentially hazardous.

(6) "Regulatory authority" means the director of the Idaho department of health and welfare or the director's designee.

(7) "Temporary food establishment" means a food establishment that operates for a period of not more than fourteen (14) consecutive days in conjunction with a single event or celebration.

History:

[39-1602, added 1991, ch. 142, sec. 2, p. 334; am. 1993, ch. 114, sec. 1, p. 291; am. 1994, ch. 138, sec. 1, p. 311; am. 1997, ch. 194, sec. 2, p. 548; am. 2004, ch. 185, sec. 1, p. 576; am. 2009, ch. 190, sec. 1, p. 619; am. 2016, ch. 172, sec. 2, p. 474; am. 2026, ch. 91, sec. 9, p. 512.]
Idaho Code § 39-8902 — Idaho Code / Title 39 / Chapter 89 / Section 39-8902
39-8902 DEFINITIONS.
Status: in_force

39-8902. Definitions. As used in this chapter:

(1) "Agent" means any person authorized by the state tax commission to purchase and affix stamps on packages of cigarettes.

(2) "Cigarette" means any roll for smoking, whether made wholly or in part of tobacco or any other substance, irrespective of size or shape, and whether or not such tobacco or substance is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material, other than tobacco.

(3) "Manufacturer" means:

(a) Any entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that the manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer; or

(b) The first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or

(c) Any entity that becomes a successor of an entity described in paragraph (a) or (b) of this subsection.

(4) "Quality control and quality assurance program" means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. The program ensures that the testing repeatability remains within the required repeatability values stated in section 39-8903(1)(f), Idaho Code, for all test trials used to certify cigarettes in accordance with this chapter.

(5) "Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent (95%) of the time.

(6) "Retail dealer" means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products.

(7) "Sale" means any transfer of title or possession or both, exchange or barter, conditional or otherwise, in any manner or by any means whatever or any agreement therefor. In addition to cash and credit sales, the giving of cigarettes as samples, prizes or gifts, and the exchanging of cigarettes for any consideration other than money, are considered sales.

(8) "Wholesale dealer" means any person other than a manufacturer who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and any person who owns, operates or maintains one (1) or more cigarette or tobacco product vending machines in, at or upon premises owned or occupied by any other person.

History:

[39-8902, added 2008, ch. 278, sec. 1, p. 792.]
Idaho Code § 39-4116 — Idaho Code / Title 39 / Chapter 41 / Section 39-4116
39-4116 LOCAL GOVERNMENT ADOPTION AND ENFORCEMENT OF BUILDING CODES.
Status: in_force

39-4116. Local government adoption and enforcement of building codes. (1) Local governments enforcing building codes shall do so only in compliance with the provisions of this section. Local governments that have not previously instituted and implemented a code enforcement program prior to the effective date of this act may elect to implement a building code enforcement program by passing an ordinance evidencing the intent to do so. Local governments may contract with a public or private entity to administer their building code enforcement program.

(2) Except as otherwise provided in this chapter, local governments that issue building permits and perform building code enforcement activities shall, by ordinance effective January 1 of the year following the adoption by the Idaho building code board, adopt the following codes as published by the International Code Council together with any amendments or revisions set forth in section 39-4109, Idaho Code, including subsequent versions of the International Building Code as adopted and amended by the Idaho building code board through the negotiated rulemaking process provided in this chapter:

(a) International Building Code, including all rules promulgated by the board to provide equivalency with the provisions of the Americans with disabilities act accessibility guidelines and the federal fair housing act accessibility guidelines;

(b) Idaho residential code, parts I-III and IX; and

(c) 2018 Idaho energy conservation code, pursuant to chapter 97, title 39, Idaho Code.

Local governments are not required by this chapter to adopt the other referenced codes in the International Building Code. Local jurisdictions shall not adopt provisions, chapters, sections or parts of subsequent versions of the International Residential Code or residential provisions of the International Energy Conservation Code, or subsequent versions in their entirety, that have not been adopted by the Idaho building code board except as provided in subsection (4) of this section.

(3) All single family homes and multiple family dwellings up to two (2) units are hereby exempted from the provisions of the International Fire Code, the International Building Code and the Idaho residential code that require such dwellings to have automatic fire sprinkler systems installed. Nothing in this section shall prevent any person from voluntarily installing an automatic fire sprinkler system in any residential dwelling.

(4) Except as provided in this subsection, local governments may amend by ordinance the adopted codes or provisions of referenced codes to reflect local concerns, provided such amendments establish at least an equivalent level of protection to that of the adopted building code. A local jurisdiction shall not have the authority to amend any accessibility provision pursuant to section 39-4109, Idaho Code, except as provided in this subsection.

(a) A local jurisdiction shall not have the authority to amend any accessibility provision pursuant to section 39-4109, Idaho Code.

(b) A local jurisdiction shall not adopt any provision, chapter, section or part of the International Residential Code or residential provisions of the International Energy Conservation Code, or subsequent versions in their entirety, that have not been adopted or that have been expressly rejected or exempted from the adopted version of those codes by the Idaho building code board through the negotiated rulemaking process as provided in section 39-4109, Idaho Code.

(c) Local jurisdictions may amend by ordinance the following provisions of the Idaho residential code to reflect local concerns:

(i) Part I, Administrative;

(ii) Part II, Definitions;

(iii) Part III, Building Planning and Construction, Section R 301, Design Criteria; and

(iv) Part IX, Appendices.

(d) Local jurisdictions may amend the remainder of Part III of the Idaho residential code if they find that good cause for building or life safety exists for such an amendment to such codes and that such amendment is reasonably necessary. Amendments shall be adopted by ordinance in accordance with the provisions of chapter 9, title 50, Idaho Code, or chapter 7, title 31, Idaho Code, and provided further that such local jurisdiction shall conduct a public hearing and, provided further, that notice of the time and place of the public hearing shall be published in the official newspaper or paper of general circulation within the jurisdiction and written notice of each of such public hearing and the proposed language shall be given by the local jurisdiction to the local chapters of the entities identified in section 39-4109(5), Idaho Code, not less than thirty (30) days prior to such hearing. In the event that there are no local chapters of such entities identified in section 39-4109(5), Idaho Code, within the local jurisdiction holding the hearings, the notice shall be provided to the state associations of the respective entities.

(5) Local governments shall exempt agricultural buildings from the requirements of the codes enumerated in this chapter and the rules promulgated by the board. A county may issue permits for agricultural buildings to assure compliance with road setbacks and utility easements, provided that the cost for such permits shall not exceed the actual cost to the county of issuing the permits.

(a) For the purposes of this subsection, "agricultural buildings" means:

(i) Livestock shelters or buildings, including shade structures and milking barns;

(ii) Poultry buildings or shelters;

(iii) Barns;

(iv) Storage and maintenance structures for equipment and machinery used exclusively in agricultural operations;

(v) Horticultural structures, including detached production greenhouses and crop protection shelters;

(vi) Sheds used as part of an agricultural operation;

(vii) Grain silos;

(viii) Stables; and

(ix) Any other structure designed, constructed, and intended to house, accommodate, or store farm implements, hay, grain, poultry, livestock, or other horticultural products.

(b) For the purposes of this subsection, "agricultural buildings" does not include:

(i) A place of human habitation, which means a space in a building for living, sleeping, or cooking. Structures with bathrooms, shower rooms, break rooms, locker rooms, storage or utility space, or other similar areas are not considered places of human habitation;

(ii) A place of employment where agricultural products are processed, treated, or packaged; or

(iii) A place used by the public.

(c) Counties shall not alter, amend, deny, limit, or narrow the exemption provided pursuant to this subsection by, including but not limited to, requiring size limitations of agricultural buildings, requiring maximum travel distances to exits within agricultural buildings, or requiring installation of automatic sprinkler systems in agricultural buildings.

(6) Permits shall be governed by the laws in effect at the time the permit application is received.

(7) The division shall retain jurisdiction for in-plant inspections and installation standards for manufactured or mobile homes and for in-plant inspections and enforcement of construction standards for modular buildings and commercial coaches.

History:

[39-4116, added 2002, ch. 345, sec. 21, p. 973; am. 2004, ch. 272, sec. 4, p. 760; am. 2009, ch. 173, sec. 3, p. 553; am. 2009, ch. 219, sec. 2, p. 683; am. 2009, ch. 279, sec. 2, p. 841; am. 2010, ch. 79, sec. 15, p. 144; am. 2014, ch. 248, sec. 2, p. 625; am. 2018, ch. 338, sec. 2, p. 770; am. 2022, ch. 302, sec. 3, p. 958; am. 2025, ch. 40, sec. 1, p. 187; am. 2026, ch. 320, sec. 2, p. 1283.]
Idaho Code § 39-9803 — Idaho Code / Title 39 / Chapter 98 / Section 39-9803
39-9803 RIGHT TO ESSENTIAL CAREGIVERS.
Status: in_force

39-9803. right to essential caregivers. (1) A patient or resident has the right to in-person visitation from an essential caregiver while receiving assistance or health care services at a facility, even if other visitors are being excluded by the facility. However, the essential caregiver must follow safety and other protocols imposed by the facility, and a facility may place reasonable restrictions as to where and when the essential caregiver may visit and the number of essential caregivers who may visit at the same time. For purposes of this subsection, a restriction is reasonable if the restriction:

(a) Is necessary to prevent the disruption of assistance or health care services to the patient or resident; and

(b) Does not interfere with the patient's or resident's general right to visitation by essential caregivers.

(2) If a facility is restricting overall visitation for patients and residents, the facility shall, at the time of intake or as soon as practicable:

(a) Notify a patient, resident, or surrogate decision-maker of the right to:

(i) Designate essential caregivers; and

(ii) Remove individuals from the list of essential caregivers;

(b) Explain to a patient, resident, or surrogate decision-maker that an essential caregiver may be any person and is not required to be a formal caregiver;

(c) Provide each patient, resident, or surrogate decision-maker an opportunity to designate essential caregivers;

(d) Provide each person with legal authority to designate essential caregivers the ability to restrict or remove any essential caregivers from any visitation list for the patient; and

(e) Accommodate a patient's, resident's, or surrogate decision-maker's request to have essential caregivers visit within the limits prescribed by this section. If the patient or resident is a minor or incapacitated, visitation requests must be approved by a person with legal authority to make decisions on behalf of the patient or resident, such as a parent, guardian, or conservator.

(3) Patients who are in the custody of a peace officer and all prisoners committed to the custody of the department of correction or confined in a correctional facility as defined in section 18-101A(1), Idaho Code, shall be subject to the visitation terms set by the custodial entity.

History:

[(39-9803) 39-9703, added 2022, ch. 134, sec. 1, p. 500; am. and redesig. 2023, ch. 218, sec. 12, p. 615; am. and redesig. 2023, ch. 300, sec. 1, p. 910; am. 2024, ch. 241, sec. 3, p. 861.]
Idaho Code § 39-1323 — Idaho Code / Title 39 / Chapter 13 / Section 39-1323
39-1323 ELECTION IN PROPOSED DISTRICT — NOTICE — QUALIFICATIONS OF VOTERS.
Status: in_force

39-1323. Election in proposed district — Notice — Qualifications of voters. Such petition may be filed with the clerk of the board of county commissioners at any time, and on such filing and after the county commissioners have made an order finally fixing and determining the boundaries of the proposed district, and have made and entered an order calling an election to be held, subject to the provisions of section 34-106, Idaho Code, in said district, said clerk shall cause to be published a notice of an election to be held in such proposed district for the purpose of determining whether or not the same shall be organized under the provisions of this act. Provided, however, if an appeal is taken from such order establishing the boundaries, such election shall not be held until after the determination of such appeal. Such notice shall plainly and clearly designate the boundaries in or the boundaries of said districts, and shall state the name of the proposed districts as designated in the petition.

Such notice shall be published once not less than twelve (12) days prior to the election, and a second time not less than five (5) days prior to such election in a newspaper published within the county as aforesaid. At such election the voters shall vote for or against the organization of the district. No person shall be entitled to vote at any election held under the provisions of this chapter unless he or she shall possess all the qualifications required of electors under the general laws of the state and be a resident of the proposed district.

History:

[39-1323, added 1965, ch. 173, sec. 6, p. 340; am. 1995, ch. 118, sec. 48, p. 467.]
Idaho Code § 39-6804 — Idaho Code / Title 39 / Chapter 68 / Section 39-6804
39-6804 SCOPE AND APPLICABILITY.
Status: in_force

39-6804. SCOPE AND APPLICABILITY. (1) The purpose of this chapter is to ensure that ICP activities associated with excavation and grading, such as infrastructure development and maintenance; building construction and renovation; and land development, redevelopment, or modification within the institutional controls administrative areas, provide for the construction and maintenance of contaminant barriers and implementation of other contaminant management requirements to preclude the release and migration of contaminants as necessary to protect public health and the environment. It is imperative that current and future development and construction activities proceed in a manner that minimizes the release of contaminants into the environment to minimize exposure to area residents, communities, workers involved in area project work, and environmental receptors and to complement existing land use regulations and permitting processes and provide a screening process to determine whether proposed activities are subject to this chapter.

(2) It is the intent of the department to work with local governments, Idaho public health district No. 1, the United States environmental protection agency, federal land management agencies, the Coeur d'Alene Tribe, and private parties in managing contaminants within the regulated area by way of the ICP. This chapter establishes standards for barrier installation and maintenance and other contaminant management practices by:

(a) Requiring ICP permits and requiring barriers for certain construction and excavation activities;

(b) Licensing contractors, utilities, and government entities that may disrupt or construct barriers or otherwise disturb contaminants;

(c) Adopting performance standards;

(d) Inspecting for project compliance as required;

(e) Regulating the movement and disposal of contaminants;

(f) Making it unlawful to knowingly disrupt a barrier in a fashion likely to expose persons to contaminants;

(g) Maintaining records of ICP activities, including a database tracking system to assist the public, lenders, and potential purchasers of property within the site;

(h) Providing technical assistance and testing;

(i) Providing health screening and intervention;

(j) Ensuring a readily available repository for contaminants;

(k) Providing materials to maintain and restore barriers for small projects;

(l) Providing disposal containers to assist in removing contaminated soil for small projects and for transport and disposal of such soil;

(m) Providing health and safety information and training to licensees and the public;

(n) Providing plastic, gravel, and use of vacuums for interior projects; and

(o) Maintaining guidelines for managing contaminants.

(3) The department may delegate its authority to implement the ICP, as defined by this chapter, to a designee with local multi-jurisdictional authority through a formal agreement.

(4)(a) This chapter does not apply to:

(i) Operations undertaken at the direction of, under the supervision of, and subject to inspection by the United States environmental protection agency, including directing, supervising, and inspecting project work or on lands owned or otherwise under the jurisdiction, custody, and control of the Coeur d'Alene Tribe or the federal land management agencies such as the United States department of agriculture forest service and the bureau of land management; or

(ii) The Union Pacific railroad or its contractors when conducting activities within the trail of the Coeur d'Alenes pursuant to the requirements of the consent decree entered August 25, 2000, by the United States district court for the district of Idaho (Case Nos. 91-0342 and 99-606).

(b) This chapter does not address financial liability for contaminant management resulting from a failure of a CERCLA remedy due to a natural disaster.

(5) Contaminant management on eligible properties will not require construction of final barriers in accordance with this chapter by the owner but may require dust, erosion, and health and safety and temporary cap controls to prevent further migration onto lands of others. Applicant performed soil testing will be conducted consistent with sampling and analytic procedures developed by the department.

History:

[39-6804, added 2023, ch. 73, sec. 1, p. 244.]
Idaho Code § 39-8112 — Idaho Code / Title 39 / Chapter 81 / Section 39-8112
39-8112 NOTES AND BONDS OF FINANCING AUTHORITY ARE LEGAL INVESTMENTS.
Status: in_force

39-8112. Notes and bonds of financing authority are legal investments. The notes and bonds of the financing authority are legal investments in which all public officers and public bodies of this state, its political subdivisions, all municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, banking associations, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or in other obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them. The notes and bonds are also hereby made securities which may properly and legally be deposited with and received by all public officers and bodies of the state or any agency or political subdivision of the state and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the state is authorized by law.

History:

[39-8112, added 2001, ch. 371, sec. 2, p. 1307.]
Idaho Code § 39-5201 — Idaho Code / Title 39 / Chapter 52 / Section 39-5201
39-5201 DECLARATION OF POLICY.
Status: in_force

39-5201. Declaration of policy. The legislature finds that domestic violence is an issue of growing concern. Research findings show that domestic violence constitutes a significant percentage of homicides, aggravated assaults, and assaults and batteries in the United States. Domestic violence is a disruptive influence on personal and community life and is often interrelated with a number of other family problems and stresses. Refuge for victims of domestic violence is essential to provide protection to victims from further abuse and physical harm. Refuge provides temporary safety and resources to victims who may not have access to such things if they remain in abusive situations.

It is the purpose of the legislature in the adoption of this chapter to provide funding for projects in the several areas of the state for the purpose of aiding victims of domestic violence and other crimes.

It is understood that the intention of the provisions of this chapter is not to supersede the authority or responsibilities of agencies of state government responsible for providing services to persons pursuant to the child protective act, crime victims compensation act or adult protective provisions in the Idaho Code.

History:

[39-5201, added 1982, ch. 181, sec. 1, p. 470; am. 2000, ch. 343, sec. 1, p. 1161.]
Idaho Code § 39-7602 — Idaho Code / Title 39 / Chapter 76 / Section 39-7602
39-7602 DISBURSEMENTS BY THE DIRECTOR OF LOANS TO PUBLIC WATER SYSTEMS — LIMITATIONS ON LOANS — RULES — APPROVAL OF THE ATTORNEY GENERAL — AUDIT OF DISBURSEMENTS.
Status: in_force

39-7602. Disbursements by the director of loans to public water systems — Limitations on loans — Rules — Approval of the attorney general — Audit of disbursements. (1) There is hereby created the drinking water loan fund. The department of environmental quality shall use moneys from this fund only for providing loans, or as a source of reserve and security for leveraged loans, the proceeds of which are deposited in the drinking water loan fund, or for other financial assistance authorized in this chapter or by federal law to community water systems and nonprofit noncommunity water systems. Financial assistance under this section may be used by a public water system only for project expenditures, not including monitoring, operation and maintenance expenditures, which will facilitate compliance with national primary drinking water standards applicable to the system or which will significantly further the health protection objectives of this chapter. The funds may also be used for public water systems using constructed conveyances and not piped water systems if they meet the requirements of the safe drinking water act amendments of 1996 and the director determines that the water provided for residential or similar uses for cooking, drinking and bathing is centrally treated or treated at the point of entry to achieve the equivalent level of protection provided by the applicable national primary drinking water regulations. The funds shall not be used for the acquisition of real property or an interest in real property unless the acquisition is integral to the project authorized by this section and the purchase is from a willing seller.

(2) (a) Except as provided in subsection (2)(b) of this section, no loan assistance shall be provided to a public water system that:

(i) Does not have the technical, managerial and financial capability to ensure compliance with the requirements of this chapter; or

(ii) Is in significant noncompliance with any requirement of a national primary drinking water regulation or variance.

(b) A public water system referenced in subsection (2)(a) of this section may receive assistance under this section if:

(i) The assistance will ensure compliance, and

(ii) If subsection (2)(a)(i) of this section applies to the system, the owner or operator of the system agrees to undertake feasible and appropriate changes in operations, including ownership, management, accounting, rates, maintenance, consolidation, alternative water supply or other procedures, and then only if the director determines that the measures are necessary to ensure that the system has the technical, managerial and financial capability to comply with the requirements of this chapter and the safe drinking water act amendments of 1996.

(3) Except as otherwise prohibited by state law, the amounts deposited into the drinking water loan fund under this chapter may be used only for the following:

(a) To make loans on the conditions that:

(i) The interest rate for each loan is less than or equal to the market interest rate,

(ii) Principal and interest payments on each loan will commence not later than one (1) year after completion of the project for which the loan was made and each loan will be fully amortized not later than twenty (20) years after completion of the project, except that in the case of a disadvantaged community, an extended form for a loan may be allowed if it terminates not later than thirty (30) years after the date the project is completed, and does not exceed the design life of the project,

(iii) The recipient of each loan will establish a dedicated source of revenue, or, in the case of a privately owned system, demonstrate that there is adequate security, for the repayment of the loan, and

(iv) The drinking water loan fund will be credited with all payment of principal and interest on each loan;

(b) To buy or refinance the debt obligation of a municipality or an intermunicipal or interstate agency within the state at an interest rate that is less than or equal to the market interest rate in any case in which a debt obligation is incurred after July 1, 1993;

(c) As a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the state if the proceeds of the sale of the bonds will be deposited into the drinking water loan fund; and

(d) To earn interest on the amounts deposited into the drinking water loan fund.

(4) For every agreement between the state and the federal government by which funds are made available, the state shall deposit in the drinking water loan fund an amount equal to at least twenty percent (20%) of the total amount of the grant to be made to the state on or before the dates on which grant payments are made to the state.

(5) The director may promulgate rules necessary for the making and enforcing of loan contracts hereunder and for establishing procedures to be followed in applying for state loans or loan subsidies or training assistance herein authorized as shall be necessary for the effective administration of the loan program.

(6) All contracts entered into pursuant to this chapter shall be subject to approval by the attorney general as to form. All disbursements by the state pursuant to such contracts shall be made after audit and upon warrant as provided by law on vouchers approved by the director.

History:

[39-7602, added 1997, ch. 26, sec. 2, p. 40; am. 2001, ch. 103, sec. 71, p. 311.]
Idaho Code § 39-4507 — Idaho Code / Title 39 / Chapter 45 / Section 39-4507
39-4507 FORM OF CONSENT.
Status: in_force

39-4507. Form of consent. It is not essential to the validity of any consent for the furnishing of health care services that the consent be in writing or any other specific form of expression; provided however, when the giving of such consent is recited or documented in writing and expressly authorizes the health care services to be furnished, and when such writing or form has been executed or initialed by a person competent to give such consent for himself or another, such written consent, in the absence of convincing proof that it was secured maliciously or by fraud, is presumed to be valid for the furnishing of such health care services, and the advice and disclosures of the attending licensed independent practitioner or dentist, as well as the level of informed awareness of the giver of such consent, shall be presumed to be sufficient.

History:

[(39-4507) 39-4506, added 2005, ch. 120, sec. 2, p. 383; am. and redesig. 2007, ch. 196, sec. 7, p. 583; am. 2023, ch. 307, sec. 7, p. 926.]
Idaho Code § 39-7207 — Idaho Code / Title 39 / Chapter 72 / Section 39-7207
39-7207 COVENANT NOT TO SUE.
Status: in_force

39-7207. Covenant not to sue. (1) If the department determines that a person has successfully completed a voluntary remediation work plan approved under this chapter, the department shall certify that the work plan has been successfully implemented or satisfied by issuing the person a certificate of completion. The issuance of a certificate of completion under this section is a final agency action for purposes of this chapter.

(2) A person who receives a certificate of completion under this section shall record a copy of the certificate of completion with the deed for the site on which the remediation took place.

(3) If the department determines that the person has not successfully implemented a voluntary remediation work plan approved under this chapter, the department shall notify the person of this determination under this chapter.

(4) If the department issues a certificate of completion to a person under this chapter, the department, upon request, shall also negotiate and provide the person a covenant not to sue for any claim for environmental remediation under state law resulting from or based upon the release or threatened release of a hazardous substance or petroleum that is the subject of the approved voluntary remediation work plan successfully implemented under this chapter. The covenant not to sue shall extend to any current or future owner or operator of the site or portion thereof who did not cause, aggravate, or contribute to the release or threatened release.

(5) A covenant not to sue issued under this section shall not apply to claims for a condition or the extent of a condition that:

(a) Was present on the site involved in an approved and implemented voluntary remediation work plan; and

(b) Was not known to the department at the time the department issued the certificate of completion under this chapter.

(6) Except as provided under federal law or agreed to by a federal governmental entity, a covenant not to sue issued under this section shall not release a person from liability to the federal government for claims based on federal law.

(7) During the implementation of an approved voluntary remediation work plan, the department shall not bring an action, including an administrative or judicial action for any liability for remediation relating to the release or threatened release of a hazardous substance or petroleum that is the subject of the voluntary remediation work plan, against a person who entered into a voluntary remediation agreement and who is implementing the voluntary remediation work plan in accordance with such agreement implementing the voluntary remediation work plan.

History:

[39-7207, added 1996, ch. 252, sec. 1, p. 799.]
Idaho Code § 39-5903 — Idaho Code / Title 39 / Chapter 59 / Section 39-5903
39-5903 DEFINITIONS.
Status: in_force

39-5903. Definitions. As used in this chapter:

(1) "Applicant" means an entity submitting documents required by the department for the purpose of requesting a grant from the rural health care access and physician incentive program.

(2) "Application period" means the time period from July 1 to August 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 health care access and physician incentive program.

(4) "Board" means the joint health care access and physician incentive grant review board.

(5) "Community sponsoring organization" means a hospital, medical clinic or other medical organization that is located in an eligible area and employs physicians for purposes of providing primary care medical services to patients.

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

(7) "Director" means the director of the department of health and welfare.

(8) "Eligible area for physician incentive grants" means a medically underserved area of Idaho, further defined to mean an area designated by the United States secretary of health and human services as a health professional shortage area.

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

(10) "Nurse practitioner" means a health care provider licensed pursuant to chapter 14, title 54, Idaho Code.

(11) "Oral health care provider" means a dentist or dental hygienist licensed pursuant to chapter 9, title 54, Idaho Code.

(12) "Physician assistant" means a health care provider licensed pursuant to chapter 18, title 54, Idaho Code.

(13) "Primary care," for purposes of rural health care access grants, means the provision of professional comprehensive health services, including oral health care services, that includes health education and disease prevention, initial assessment of health problems, treatment of acute care and chronic health problems, and the overall management of an individual's or family's health care services as provided by an Idaho licensed internist, obstetrician, gynecologist, pediatrician, family practitioner, general practitioner, dentist, dental hygienist, nurse practitioner or physician assistant. It provides the initial contact for health services and referral for secondary and tertiary care.

(14) "Primary care health professional shortage area" means a geographic area or population group which the U.S. secretary of health and human services has determined is underserved by primary care health professional(s).

(15) "Primary care medicine," for purposes of rural physician incentive grants, means family medicine, general internal medicine and general pediatrics. Provided however, if there is a demonstrated high level of need in an eligible area as determined by the board, it may also include obstetrics and gynecology, general psychiatry, general surgery and emergency medicine.

(16) "Medically underserved area" means a geographic area which the U.S. secretary of health and human services has determined is underserved by primary care health professional(s).

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

(18) "Rural health care access grant" means a grant awarded pursuant to this chapter.

(19) "Rural health care access and physician incentive program" means the program that administers the rural health care access and physician incentive funds.

(20) "Rural physician," for purposes of physician incentive grants, means a licensed Idaho physician, whether a medical doctor or doctor of osteopathic medicine, who spends a minimum of twenty-eight (28) hours per week, on average, providing primary care medicine services to patients in an eligible area.

(21) "Rural physician incentive fee" means the fee assessed by the state to students preparing to be physicians in the fields of medicine or osteopathic medicine who are supported by the state pursuant to an interstate compact for professional education in those fields, as those fields are defined by the compact.

(22) "Rural physician incentive fund" means the special revenue account in the state treasury created pursuant to section 39-5902, Idaho Code, relating to the rural health care access and physician incentive grant program.

History:

[39-5903, added 2000, ch. 262, sec. 2, p. 735; am. 2002, ch. 354, sec. 1, p. 1010; am. 2007, ch. 199, sec. 2, p. 608; am. 2009, ch. 119, sec. 1, p. 382; am. 2012, ch. 44, sec. 5, p. 133.]
Idaho Code § 39-4512C — Idaho Code / Title 39 / Chapter 45 / Section 39-4512C
39-4512C DUTY TO INSPECT.
Status: in_force

39-4512C. Duty to inspect. Health care providers shall make reasonable efforts to inquire as to whether the patient has completed a POST form and inspect the patient for a POST identification device when presented with a situation calling for artificial life-sustaining treatment not caused by severe trauma or involving mass casualties and with no indication of homicide or suicide.

History:

[39-4512C, added 2007, ch. 196, sec. 15, p. 591; am. 2023, ch. 307, sec. 17, p. 930.]
Idaho Code § 39-107 — Idaho Code / Title 39 / Chapter 1 / Section 39-107
39-107 BOARD — COMPOSITION — OFFICERS — COMPENSATION — POWERS — SUBPOENA — DEPOSITIONS — REVIEW — RULES.
Status: in_force

39-107. Board — Composition — Officers — Compensation — Powers — Subpoena — Depositions — Review — Rules.

(1)(a) The board of environmental quality shall consist of seven (7) members who shall be appointed by the governor, with the advice and consent of the senate. The members shall serve at the pleasure of the governor. Each member of the board shall be a citizen of the United States, a resident of the state of Idaho, and a qualified elector and shall be appointed to assure appropriate geographic representation of the state of Idaho. Not more than four (4) members of the board shall be from any one (1) political party. Two (2) members of the board shall be chosen with due regard to their knowledge of and interest in solid waste; two (2) members shall be chosen for their knowledge of and interest in air quality; two (2) members shall be chosen for their knowledge of and interest in water quality; and one (1) member shall be chosen with due regard for his knowledge of and interest in air, water and solid waste issues. At least four (4) of the board members shall represent the public's interest and not derive any significant portion of their income from persons subject to air quality permits or enforcement orders.

(b) The members of the board of environmental quality shall be appointed for a term of four (4) years. In appointing members whose terms begin in 2000, the governor shall designate three (3) members to be appointed for a term of three (3) years, two (2) members appointed for a term of four (4) years, and two (2) members appointed for a term of two (2) years. Successors to the members appointed for a term of less than four (4) years shall be appointed for a term of four (4) years thereafter.

(2) The board annually shall elect a chairman, a vice chairman, and a secretary and shall hold such meetings as may be necessary for the orderly conduct of its business, and such meetings shall be held from time to time on seventy-two (72) hours' notice of the chairman or a majority of the members. Five (5) members shall be necessary to constitute a quorum at any regular or special meeting, and the action of the majority of members present shall be the action of the board. The members of the board shall be compensated as provided in section 59-509(h), Idaho Code.

(3) The board, in furtherance of its duties under this act and under its rules, shall have the power to administer oaths, to certify to official acts, and to issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents and testimony. The board may, if a witness refuses to attend or testify or to produce any papers required by such subpoenas, report to the district court in and for the county in which the proceeding is pending, by petition, setting forth that due notice has been given of the time and place of attendance of said witnesses or the production of said papers, that the witness has been properly summoned, and that the witness has failed and refused to attend or produce the papers required by this subpoena before the board or has refused to answer questions propounded to him in the course of said proceedings, and the board may ask an order of said court compelling the witness to attend and testify and produce said papers before the board. The court, upon the petition of the board, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than ten (10) days from the date of the order, and then and there shall show cause why he has not attended and testified or produced said papers before the board. A copy of said order shall be served upon said witness. If it shall appear to the court that said subpoena was regularly issued by the board and regularly served, the court shall thereupon order that said witness appear before the board at the time and place fixed in said order and testify or produce the required papers. Upon failure to obey said order, said witness shall be dealt with for contempt of court.

(4) The director, his designee, or any party to the action may, in an investigation or hearing before the board, cause the deposition or interrogatory of witnesses or parties residing within or without the state to be taken in the manner prescribed by law for like depositions and interrogatories in civil actions in the district court of this state and to that end may compel the attendance of said witnesses and production of books, documents, papers and accounts.

(5) Any person aggrieved by an action or inaction of the department shall be afforded an opportunity for a fair hearing upon request therefor in writing pursuant to chapter 52, title 67, Idaho Code, and the rules promulgated thereunder. In those cases where the board has been granted the authority to hold such a hearing pursuant to a provision of the Idaho Code, the hearing may be conducted by the board at a regular or special meeting, or the board may designate hearing officers, who shall have the power and authority to conduct hearings in the name of the board at any time and place. In any hearing, a member of the board or a hearing officer designated by it shall have the power to administer oaths, examine witnesses, and issue in the name of the board subpoenas requiring the testimony of witnesses and the production of evidence relevant to any matter in the hearing.

(6) Any person adversely affected by a final determination of the board may secure judicial review by filing a petition for review as prescribed under the provisions of chapter 52, title 67, Idaho Code. The petition for review shall be served on the chairman of the board, the director of the department, and the attorney general of the state of Idaho. Such service shall be jurisdictional and the provisions of this section shall be the exclusive procedure for appeal.

(7) The board, by the affirmative vote of at least four (4) of its members, may adopt, amend or repeal the rules, codes, and standards of the department that are necessary and feasible in order to carry out the purposes and provisions of this act and to enforce the laws of this state. The rules and orders so adopted and established shall have the force and effect of law and may deal with any matters deemed necessary and feasible for protecting the environment of the state.

(8) All rulemaking proceedings and hearings of the board shall be governed by the provisions of chapter 52, title 67, Idaho Code.

(9) The board shall adopt contested case rules consistent with the rules of administrative procedure adopted pursuant to section 67-5206, Idaho Code, the provisions of this act and other statutory authority of the department.

History:

[39-107, added 1972, ch. 347, sec. 7, p. 1017; am. 1974, ch. 23, sec. 51, p. 633; am. 1978, ch. 45, sec. 2, p. 82; am. 1980, ch. 34, sec. 1, p. 57; am. 1980, ch. 247, sec. 32, p. 604; am. 1980, ch. 325, sec. 2, p. 823; am. 1981, ch. 122, sec. 1, p. 209; am. 1993, ch. 216, sec. 23, p. 605; am. 2000, ch. 132, sec. 10, p. 325; am. 2022, ch. 107, sec. 1, p. 360; am. 2023, ch. 314, sec. 10, p. 964; am. 2025, ch. 47, sec. 8, p. 228; am. 2025, ch. 151, sec. 1, p. 736.]
Idaho Code § 39-8420 — Idaho Code / Title 39 / Chapter 84 / Section 39-8420
39-8420 LEGISLATIVE FINDINGS AND INTENT.
Status: in_force

39-8420. legislative findings and intent. (1) The legislature finds that the commercial use of cigarette rolling machines in this state has the potential to circumvent various requirements under Idaho law related to the manufacturing, marketing, sale and taxation of cigarettes. Such use is to the detriment of the fiscal soundness of the state and the public health.

(2) This legislation is intended to ensure that cigarette rolling machine operators comply with applicable Idaho laws governing the manufacturing, marketing, sale and taxation of cigarettes and that the use of such cigarette rolling machines will not circumvent these laws and undercut the purposes for which they were enacted.

History:

[39-8420, added 2012, ch. 206, sec. 1, p. 548.]
Idaho Code § 39-172 — Idaho Code / Title 39 / Chapter 1 / Section 39-172
39-172 DEFINITIONS.
Status: in_force

39-172. Definitions. For purposes of sections 39-171 through 39-174, Idaho Code:

(1) "Committee" means the wood and mill yard debris committee.

(2) "Director" means the director of the Idaho department of environmental quality.

(3) "Wood or mill yard debris" means solid wood, bark, or wood fiber generated from the process of manufacturing wood products that may include components of soil, rock, or moisture, and for which the use, management, storage or final disposition is approved pursuant to sections 39-171 through 39-174, Idaho Code.

History:

[(39-172) 39-167, added 1996, ch. 204, sec. 2, p. 628; amended & redesig. 2001, ch. 103, sec. 16, p. 267.]
Idaho Code § 39-1204 — Idaho Code / Title 39 / Chapter 12 / Section 39-1204
39-1204 FORM FOR DISCLOSURE REPORT.
Status: in_force

39-1204. Form for disclosure report. (1) The department shall design a form for the initial disclosure report which shall contain only the following information:

(a) The name, address and telephone number(s) for each children's agency or children's institution.

(b) The name(s), address and telephone number(s) of the individual(s) in charge at each children's agency or children's institution.

(c) The number of children that can be accommodated for child care at each children's institution and a description of such accommodations.

(d) Whether and how the children's institution seeks, receives or enrolls students for treatment of special needs such as substance abuse, mental illness, emotional disturbance, developmental disability, intellectual disability, or students who have been identified by the judicial system as requiring treatment, therapy, rehabilitation or supervision.

(e) A complete description of the child care services to be provided at each children's institution.

(f) Whether and how the children's institution expects to receive payment, including payment from health insurance carriers, for identified treatment needs such as substance abuse, mental illness, emotional disturbance, developmental disability, or intellectual disability.

(g) Whether and how the children's institution represents to the payor of the child care services provided by the children's institution that such payment may qualify for health insurance reimbursement by the payor's carrier or may qualify for tax benefits relating to medical services.

(h) A description of the educational programs provided at each children's institution and their accreditation status.

(2) The department shall design a form for the annual update disclosure report which shall reference the information provided in the initial disclosure report and shall request identification of any changes in the information provided on the initial report or the previous annual update disclosure report.

History:

[39-1204, added 1990, ch. 215, sec. 5, p. 571; am. 2002, ch. 219, sec. 2, p. 601; am. 2010, ch. 235, sec. 23, p. 562.]
Idaho Code § 39-9205 — Idaho Code / Title 39 / Chapter 92 / Section 39-9205
39-9205 INSURANCE BILLING PROHIBITED.
Status: in_force

39-9205. INSURANCE BILLING PROHIBITED. Neither the patient nor the primary care provider shall submit a bill to an insurer for the services provided under a direct primary care agreement.

History:

[39-9205, added 2015, ch. 291, sec. 1, p. 1165.]
Idaho Code § 39-2810 — Idaho Code / Title 39 / Chapter 28 / Section 39-2810
39-2810 WITHDRAWAL.
Status: in_force

39-2810. Withdrawal. Any portion of an abatement district which will not be reasonably benefited by remaining within such district may be withdrawn as in this section provided. Upon receiving a petition signed by fifty (50) or more landowners within the portion desired to be withdrawn from any abatement district, or by a majority of such landowners, if there are less than one hundred (100) landowners within the portion sought to be withdrawn, requesting the withdrawal of such portion from the district on the ground that such portion will not be reasonably benefited by remaining in said district, the board of county commissioners shall fix a time for hearing on such petition and for hearing protests to the continuance of the remaining territory as an abatement district. The hearing shall not be less than ten (10) days nor more than thirty (30) days after the receipt thereof. The board shall, at least one (1) week prior to the time so fixed, publish notice of such hearing by one (1) publication in a newspaper of general circulation in the district, which the board deems most likely to give notice to the inhabitants thereof, of the proposed withdrawal.

History:

[39-2810, as added by 1965, ch. 177, sec. 1, p. 363; am. 2007, ch. 188, sec. 8, p. 551.]
Idaho Code § 39-7803 — Idaho Code / Title 39 / Chapter 78 / Section 39-7803
39-7803 REQUIREMENTS.
Status: in_force

39-7803. Requirements. [EFFECTIVE UNTIL GOVERNOR'S PROCLAMATION REGARDING CONSTITUTIONALITY IS FILED WITH SECRETARY OF STATE] Any tobacco product manufacturer selling cigarettes to consumers within the state (whether directly or through a distributor, retailer or similar intermediary or intermediaries) after the date of enactment of this act shall do one (1) of the following:

(a) Become a participating manufacturer (as that term is defined in section II(jj) of the Master Settlement Agreement) and generally perform its financial obligations under the Master Settlement Agreement; or

(b) (1) Place into a qualified escrow fund by April 15 of the year following the year in question the following amounts (as such amounts are adjusted for inflation):

1999: $.0094241 per unit sold after the date of enactment of this act;

2000: $.0104712 per unit sold;

For each of 2001 and 2002: $.0136125 per unit sold;

For each of 2003 through 2006: $.0167539 per unit sold;

For each of 2007 and each year thereafter: $.0188482 per unit sold.

(2) A tobacco product manufacturer that places funds into escrow pursuant to paragraph (1) of this subsection shall receive the interest or other appreciation on such funds as earned. Such funds themselves shall be released from escrow only under the following circumstances:

(A) To pay a judgment or settlement on any released claim brought against such tobacco product manufacturer by the state or any releasing party located or residing in the state. Funds shall be released from escrow under this subparagraph: (i) in the order in which they were placed into escrow; and (ii) only to the extent and at the time necessary to make payments required under such judgment or settlement;

(B) To the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow on account of units sold in the state in a particular year was greater than the Master Settlement Agreement payments, as determined pursuant to section IX(i) of that Agreement including after final determination of all adjustments, that such manufacturer would have been required to make on account of such units sold had it been a participating manufacturer, the excess shall be released from escrow and revert back to such tobacco product manufacturer; or

(C) To the extent not released from escrow under subparagraphs (A) or (B) of this paragraph, funds shall be released from escrow and revert back to such tobacco product manufacturer twenty-five (25) years after the date on which they were placed into escrow.

(3) Each tobacco product manufacturer that elects to place funds into escrow pursuant to this section shall annually certify to the attorney general that it is in compliance with this section. The attorney general may bring a civil action on behalf of the state against any tobacco product manufacturer that fails to place into escrow the funds required under this section. Any tobacco product manufacturer that fails in any year to place into escrow the funds required under this section shall:

(A) Be required within fifteen (15) days to place such funds into escrow as shall bring it into compliance with this section. The court, upon a finding of a violation of this section, may impose a civil penalty to be paid to the general fund of the state in an amount not to exceed five percent (5%) of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed one hundred percent (100%) of the original amount improperly withheld from escrow;

(B) In the case of a knowing violation, be required within fifteen (15) days to place such funds into escrow as shall bring it into compliance with this section. The court, upon a finding of a knowing violation of this subsection, may impose a civil penalty to be paid to the general fund of the state in an amount not to exceed fifteen percent (15%) of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed three hundred percent (300%) of the original amount improperly withheld from escrow; and

(C) In the case of a second knowing violation, be prohibited from selling cigarettes to consumers within the state (whether directly or through a distributor, retailer or similar intermediary) for a period not to exceed two (2) years.

Each failure to make an annual deposit required under this section shall constitute a separate violation.

(4) In any action brought under this section, the court shall award the attorney general, if he is the prevailing party, reasonable costs, expenses and attorney's fees in bringing his action.

39-7803. Requirements. [EFFECTIVE UPON GOVERNOR'S PROCLAMATION REGARDING CONSTITUTIONALITY OF PRECEDING /SECTION 39-7803 BEING FILED WITH SECRETARY OF STATE] Any tobacco product manufacturer selling cigarettes to consumers within the state (whether directly or through a distributor, retailer or similar intermediary or intermediaries) after the date of enactment of this act shall do one (1) of the following:

(a) Become a participating manufacturer (as that term is defined in section II(jj) of the Master Settlement Agreement) and generally perform its financial obligations under the Master Settlement Agreement; or

(b) (1) Place into a qualified escrow fund by April 15 of the year following the year in question the following amounts (as such amounts are adjusted for inflation):

1999: $.0094241 per unit sold after the date of enactment of this act;

2000: $.0104712 per unit sold;

For each of 2001 and 2002: $.0136125 per unit sold;

For each of 2003 through 2006: $.0167539 per unit sold;

For each of 2007 and each year thereafter: $.0188482 per unit sold.

(2) A tobacco product manufacturer that places funds into escrow pursuant to paragraph (1) of this subsection shall receive the interest or other appreciation on such funds as earned. Such funds themselves shall be released from escrow only under the following circumstances:

(A) To pay a judgment or settlement on any released claim brought against such tobacco product manufacturer by the state or any releasing party located or residing in the state. Funds shall be released from escrow under this subparagraph: (i) in the order in which they were placed into escrow; and (ii) only to the extent and at the time necessary to make payments required under such judgment or settlement;

(B) To the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow in a particular year was greater than the state's allocable share of the total payments that such manufacturer would have been required to make in that year under the Master Settlement Agreement (as determined pursuant to section IX(i)(2) of the Master Settlement Agreement, and before any of the adjustments or offsets described in section IX(i)(3) of that Agreement other than the inflation adjustment) had it been a participating manufacturer, the excess shall be released from escrow and revert back to such tobacco product manufacturer; or

(C) To the extent not released from escrow under subparagraphs (A) or (B) of this paragraph, funds shall be released from escrow and revert back to such tobacco product manufacturer twenty-five (25) years after the date on which they were placed into escrow.

(3) Each tobacco product manufacturer that elects to place funds into escrow pursuant to this section shall annually certify to the attorney general that it is in compliance with this section. The attorney general may bring a civil action on behalf of the state against any tobacco product manufacturer that fails to place into escrow the funds required under this section. Any tobacco product manufacturer that fails in any year to place into escrow the funds required under this section shall:

(A) Be required within fifteen (15) days to place such funds into escrow as shall bring it into compliance with this section. The court, upon a finding of a violation of this section, may impose a civil penalty to be paid to the general fund of the state in an amount not to exceed five percent (5%) of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed one hundred percent (100%) of the original amount improperly withheld from escrow;

(B) In the case of a knowing violation, be required within fifteen (15) days to place such funds into escrow as shall bring it into compliance with this section. The court, upon a finding of a knowing violation of this subsection, may impose a civil penalty to be paid to the general fund of the state in an amount not to exceed fifteen percent (15%) of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed three hundred percent (300%) of the original amount improperly withheld from escrow; and

(C) In the case of a second knowing violation, be prohibited from selling cigarettes to consumers within the state (whether directly or through a distributor, retailer or similar intermediary) for a period not to exceed two (2) years.

Each failure to make an annual deposit required under this section shall constitute a separate violation.

(4) In any action brought under this section, the court shall award the attorney general, if he is the prevailing party, reasonable costs, expenses and attorney's fees in bringing his action.

History:

[39-7803, added 1999, ch. 7, sec. 1, p. 10; am. 2000, ch. 118, sec. 1, p. 256; am. 2003, ch. 289, sec. 1, p. 781; repeal and new section added, ch. 289, secs. 3 & 4, p. 783.]
Idaho Code § 39-8001 — Idaho Code / Title 39 / Chapter 80 / Section 39-8001
39-8001 SHORT TITLE.
Status: in_force

39-8001. Short title. This chapter shall be known and may be cited as the "Idaho Uniform School Building Safety Act."

History:

[39-8001, added 2000, ch. 352, sec. 1, p. 1183; am. 2023, ch. 15, sec. 14, p. 83.]
Idaho Code § 39-3412 — Idaho Code / Title 39 / Chapter 34 / Section 39-3412
39-3412 PERSONS THAT MAY RECEIVE ANATOMICAL GIFT — PURPOSE OF ANATOMICAL GIFT.
Status: in_force

39-3412. Persons that may receive anatomical gift — Purpose of anatomical gift. (1) An anatomical gift may be made to the following persons named in the document of gift:

(a) A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education;

(b) Subject to subsection (2) of this section, an individual designated by the person making the anatomical gift if the individual is the recipient of the part;

(c) An eye bank or tissue bank.

(2) If an anatomical gift to an individual under subsection (1)(b) of this section cannot be transplanted into the individual, the part passes in accordance with subsection (7) of this section in the absence of an express, contrary indication by the person making the anatomical gift.

(3) If an anatomical gift of one (1) or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (1) of this section but identifies the purpose for which an anatomical gift may be used, the following rules apply:

(a) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.

(b) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.

(c) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.

(d) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.

(4) For the purpose of subsection (3) of this section, if there is more than one (1) purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.

(5) If an anatomical gift of one (1) or more specific parts is made in a document of gift that does not name a person described in subsection (1) of this section and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (7) of this section.

(6) If a document of gift specifies only a general intent to make an anatomical gift by words such as "donor," "organ donor" or "body donor," or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (7) of this section.

(7) For purposes of subsections (2), (5) and (6) of this section, the following rules apply:

(a) If the part is an eye, the gift passes to the appropriate eye bank.

(b) If the part is tissue, the gift passes to the appropriate tissue bank.

(c) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.

(8) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection (1)(b) of this section, passes to the organ procurement organization as custodian of the organ.

(9) If an anatomical gift does not pass pursuant to subsections (1) through (8) of this section or the decedent's body or part is not used for transplantation, therapy, research or education, custody of the body or part passes to the person under obligation to dispose of the body or part.

(10) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under section 39-3405 or 39-3410, Idaho Code, or if the person knows that the decedent made a refusal under section 39-3407, Idaho Code, that was not revoked. For purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.

(11) Except as otherwise provided in subsection (1)(b) of this section, nothing in this chapter affects the allocation of organs for transplantation or therapy.

History:

[39-3412, added 2007, ch. 30, sec. 2, p. 68.]
Idaho Code § 39-8423 — Idaho Code / Title 39 / Chapter 84 / Section 39-8423
39-8423 REQUIREMENTS FOR CERTIFICATION.
Status: in_force

39-8423. REQUIREMENTS FOR CERTIFICATION. (1) Before a cigarette rolling machine operator may be certified by the attorney general, the operator shall certify, under penalty of perjury, that:

(a) All tobacco to be used in the operator's cigarette rolling machine, regardless of the tobacco's label or description thereof, will only be of a brand family and of a tobacco product manufacturer listed on the directory maintained by the attorney general pursuant to section 39-8403, Idaho Code, of the Idaho tobacco master settlement agreement complementary act;

(b) All applicable state tobacco taxes have been paid, as required by the cigarette and tobacco products tax act, chapter 25, title 63, Idaho Code, for the tobacco to be used in the operator's cigarette rolling machine;

(c) The operator has obtained, and has a current permit issued, pursuant to section 39-5704, Idaho Code;

(d) All cigarette tubes used in the operator's cigarette rolling machine shall be constructed of paper of a type determined by the attorney general, pursuant to regulations to be promulgated by the attorney general, to reduce the likely ignition propensity of cigarettes to be made with such tubes;

(e) (i) At any location where the operator has a cigarette rolling machine, seventy-five percent (75%) of the revenues of the operator's total merchandise sales at that location are comprised of tobacco products; or

(ii) The location where the cigarette rolling machine is situated prohibits minors from entering the premises;

(f) The operator will not sell cigarettes or make a cigarette rolling machine available for use, in any quantity less than twenty (20) cigarettes per transaction, except for samples prepared in connection with the purchase or prospective purchase of tobacco and consumed or destroyed at the premises where the cigarette rolling machine is located; and

(g) The operator will not accept or allow its cigarette rolling machine to be used to manufacture cigarettes with tobacco that was not first purchased or obtained from the operator and for which the operator will timely and properly report to the attorney general as set forth in subsection (2) of this section.

(2) After being certified, the cigarette rolling machine operator shall annually certify, under penalty of perjury, to the provisions set forth in subsection (1) of this section. Additionally, the operator shall quarterly report to the attorney general on a form prescribed by the attorney general:

(a) The number of cigarettes that the operator's cigarette rolling machine manufactured during that quarter;

(b) The brand families, the tobacco product manufacturer of each brand family, and the ounces of tobacco of each such brand family that were used in the operator's cigarette rolling machine to manufacture cigarettes during the quarter; and

(c) The person or persons from whom the operator purchased or obtained the tobacco that the operator's machine used to manufacture cigarettes.

(3) The cigarette rolling machine operator's annual certification shall be due to the attorney general no later than the thirtieth day of April each year.

(4) All tobacco certified under subsection (1)(a) of this section shall be deemed to be "roll-your-own" tobacco for purposes of section 39-7802(d), Idaho Code, of the Idaho tobacco master settlement agreement act.

(5) A cigarette rolling machine operator shall not be required to comply with the provisions of subsection (1)(d) of this section until the attorney general has promulgated rules implementing this subsection, pursuant to section 39-8425, Idaho Code, and the effective date provided for such rules has passed.

History:

[39-8423, added 2012, ch. 206, sec. 4, p. 549; am. 2020, ch. 318, sec. 19, p. 915.]
Idaho Code § 39-9202 — Idaho Code / Title 39 / Chapter 92 / Section 39-9202
39-9202 PUBLIC POLICY.
Status: in_force

39-9202. public policy. It is the policy of the state of Idaho to promote personal responsibility for health care and the cost-effective delivery of medical services by encouraging innovative use of direct patient-provider practices for primary medical care. Direct patient-provider practices utilize a model of periodic fees for provider access and medical management over time, rather than simply a fee for visit or procedure service model. Some patients and individual primary care providers may wish to establish direct agreements with one another as an alternative to traditional fee-for-service care financed through health insurance. The purpose of this act is to confirm that direct patient-provider agreements that satisfy the provisions of this chapter do not constitute insurance.

History:

[39-9202, added 2015, ch. 291, sec. 1, p. 1164.]
Idaho Code § 39-8910 — Idaho Code / Title 39 / Chapter 89 / Section 39-8910
39-8910 SALE OUTSIDE OF IDAHO.
Status: in_force

39-8910. Sale outside of Idaho. Nothing in this chapter shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of section 39-8903, Idaho Code, if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale to persons located in this state.

History:

[39-8910, added 2008, ch. 278, sec. 1, p. 798.]
Idaho Code § 39-8305 — Idaho Code / Title 39 / Chapter 83 / Section 39-8305
39-8305 PROHIBITION ON CERTAIN GENETIC SEQUENCERS AND GENETIC ANALYSIS TECHNOLOGIES.
Status: in_force

39-8305. PROHIBITION ON CERTAIN GENETIC SEQUENCERS AND GENETIC ANALYSIS TECHNOLOGIES. (1) No medical facility or research facility in the state of Idaho shall utilize genetic sequencers or operational or research software used for genetic analysis if the final product is produced in or by a foreign adversary, a state-owned enterprise of a foreign adversary, a company domiciled within a foreign adversary, or a company-owned or company-controlled subsidiary or affiliate of a company domiciled within a foreign adversary for the purpose of conducting genetic analysis. Nothing in this section shall apply to final products that have been merely assembled within a foreign adversary or which subcomponent parts or inputs have been sourced from foreign adversaries but that are not produced by foreign adversary companies. Nothing in this section shall apply to companies domiciled within a foreign adversary but who are owned by or whom a controlling financial interest is held by a United States business or a business owned by a United States alliance country.

(2) All genetic sequencers and operational and research software used for genetic sequencers or genetic analysis devices prohibited under subsection (1) of this section that is not permanently disabled shall be removed and replaced with genetic sequencers and operational and research software used for genetic sequencers or genetic analysis that is not prohibited under subsection (1) of this section.

(3) Subject to appropriation, a medical facility or research facility in the state of Idaho may request a reimbursement up to the cost of replacement of the equipment and software prohibited under subsection (1) of this section from the state controller, provided the request includes purchase orders and is submitted by October 1, 2024.

History:

[39-8305, added 2024, ch. 318, sec. 4, p. 1054.]
Idaho Code § 39-3020 — Idaho Code / Title 39 / Chapter 30 / Section 39-3020
39-3020 WESTERN INTERSTATE NUCLEAR COMPACT.
Status: in_force

39-3020. Western Interstate Nuclear Compact. The Western Interstate Nuclear Compact is hereby enacted into law and entered into by the state of Idaho as a party, and is in full force and effect between the state and any other state joining therein in accordance with the terms of the compact, which compact is substantially as follows:

ARTICLE I. POLICY AND PURPOSE

The party states recognize that the proper employment of scientific and technological discoveries and advances in nuclear and related fields and direct and collateral application and adaptation of processes and techniques developed in connection therewith, properly correlated with the other resources of the region, can assist substantially in the industrial progress of the West and the further development of the economy of the region. They also recognize that optimum benefit from nuclear and related scientific or technological resources, facilities and skills requires systematic encouragement, guidance, assistance, and promotion from the party states on a cooperative basis. It is the policy of the party states to undertake such cooperation on a continuing basis. It is the purpose of this compact to provide the instruments and framework for such a cooperative effort in nuclear and related fields, to enhance the economy of the West and contribute to the individual and community well-being of the region's people.

ARTICLE II. THE BOARD

(a) There is hereby created an agency of the party states to be known as the "Western Interstate Nuclear Board" (hereinafter called the Board). The Board shall be composed of one member from each party state designated or appointed in accordance with the law of the state which he represents and serving and subject to removal in accordance with such law. Any member of the Board may provide for the discharge of his duties and the performance of his functions thereon (either for the duration of his membership or for any lesser period of time) by a deputy or assistant, if the laws of his state make specific provisions therefor. The federal government may be represented without vote if provision is made by federal law for such representation.

(b) The Board members of the party states shall each be entitled to one vote on the Board. No action of the Board shall be binding unless taken at a meeting at which a majority of all members representing the party states are present and unless a majority of the total number of votes on the Board are cast in favor thereof.

(c) The Board shall have a seal.

(d) The Board shall elect annually, from among its members, a chairman, a vice chairman, and a treasurer. The Board shall appoint and fix the compensation of an Executive Director who shall serve at its pleasure and who shall also act as Secretary, and who, together with the Treasurer, and such other personnel as the Board may direct, shall be bonded in such amounts as the Board may require.

(e) The Executive Director, with the approval of the Board, shall appoint and remove or discharge such personnel as may be necessary for the performance of the Board's functions irrespective of the civil service, personnel or other merit system laws of any of the party states.

(f) The Board may establish and maintain, independently or in conjunction with any one or more of the party states, or its institutions or subdivisions, a suitable retirement system for its full-time employees. Employees of the Board shall be eligible for social security coverage in respect of old age and survivors insurance provided that the Board takes such steps as may be necessary pursuant to federal law to participate in such program of insurance as a governmental agency or unit. The Board may establish and maintain or participate in such additional programs of employee benefits as may be appropriate.

(g) The Board may borrow, accept, or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm or corporation.

(h) The Board may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm, or corporation, and may receive, utilize, and dispose of the same. The nature, amount and conditions, if any, attendant upon any donation or grant accepted pursuant to this paragraph or upon any borrowing pursuant to paragraph (g) of this Article, together with the identity of the donor, grantor or lender, shall be detailed in the annual report of the Board.

(i) The Board may establish and maintain such facilities as may be necessary for the transacting of its business. The Board may acquire, hold, and convey real and personal property and any interest therein.

(j) The Board shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the power to amend and rescind these bylaws, rules, and regulations. The Board shall publish its bylaws, rules, and regulations in convenient form and shall file a copy thereof, and shall also file a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.

(k) The Board annually shall make to the governor of each party state, a report covering the activities of the Board for the preceding year, and embodying such recommendations as may have been adopted by the Board, which report shall be transmitted to the legislature of said state. The Board may issue such additional reports as it may deem desirable.

ARTICLE III. FINANCES

(a) The Board shall submit to the governor or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that jurisdiction for presentation to the legislature thereof.

(b) Each of the Board's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. Each of the Board's requests for appropriations pursuant to a budget of estimated expenditures shall be apportioned equally among the party states. Subject to appropriation by their respective legislatures, the Board shall be provided with such funds by each of the party states as are necessary to provide the means of establishing and maintaining facilities, a staff of personnel, and such activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the Board.

(c) The Board may meet any of its obligations in whole or in part with funds available to it under Article II(h) of this compact, provided that the Board takes specific action setting aside such funds prior to the incurring of any obligation to be met in whole or in part in this manner. Except where the Board makes use of funds available to it under Article II(h) hereof, the Board shall not incur any obligation prior to the allotment of funds by the party jurisdictions adequate to meet the same.

(d) Any expenses and any other costs for each member of the Board in attending Board meetings shall be met by the Board.

(e) The Board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Board shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Board shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become a part of the annual report of the Board.

(f) The Accounts of the Board shall be open at any reasonable time for inspection to persons authorized by the Board, and duly designated representatives of governments contributing to the Board's support.

ARTICLE IV. ADVISORY COMMITTEES

The Board may establish such advisory and technical committees as it may deem necessary, membership on which may include but not be limited to private citizens, expert and lay personnel, representatives of industry, labor, commerce, agriculture, civic associations, medicine, education, voluntary health agencies, and officials of local, State and Federal Government, and may cooperate with and use the services of any such committees and the organizations which they represent in furthering any of its activities under this compact.

ARTICLE V. POWERS

The Board shall have power to–

(a) Encourage and promote cooperation among the party states in the development and utilization of nuclear and related technologies and their application to industry and other fields.

(b) Ascertain and analyze on a continuing basis the position of the West with respect to the employment in industry of nuclear and related scientific findings and technologies.

(c) Encourage the development and use of scientific advances and discoveries in nuclear facilities, energy, materials, products, by-products, and all other appropriate adaptations of scientific and technological advances and discoveries.

(d) Collect, correlate, and disseminate information relating to the peaceful uses of nuclear energy, materials, and products, and other products and processes resulting from the application of related science and technology.

(e) Encourage the development and use of nuclear energy, facilities, installations, and products as part of a balanced economy.

(f) Conduct, or cooperate in conducting, programs of training for state and local personnel engaged in any aspects of:

1. Nuclear industry, medicine, or education, or the promotion or regulation thereof.

2. Applying nuclear scientific advances or discoveries, and any industrial commercial or other processes resulting therefrom.

3. The formulation or administration of measures designed to promote safety in any matter related to the development, use or disposal of nuclear energy, materials, products, by-products, installations, or wastes, or to safety in the production, use and disposal of any other substances peculiarly related thereto.

(g) Organize and conduct, or assist and cooperate in organizing and conducting, demonstrations or research in any of the scientific, technological or industrial fields to which this compact relates.

(h) Undertake such nonregulatory functions with respect to non-nuclear sources of radiation as may promote the economic development and general welfare of the West.

(i) Study industrial, health, safety, and other standards, laws, codes, rules, regulations, and administrative practices in or related to nuclear fields.

(j) Recommend such changes in, or amendments or additions to the laws, codes, rules, regulations, administrative procedures and practices or local laws or ordinances of the party states of their subdivisions in nuclear and related fields, as in its judgment may be appropriate. Any such recommendations shall be made through the appropriate state agency, with due consideration of the desirability of uniformity but shall also give appropriate weight to any special circumstances which may justify variations to meet local conditions.

(k) Consider and make recommendations designed to facilitate the transportation of nuclear equipment, materials, products, by-products, wastes, and any other nuclear or related substances, in such manner and under such conditions as will make their availability or disposal practicable on an economic and efficient basis.

(l) Consider and make recommendations with respect to the assumption of and protection against liability actually or potentially incurred in any phase of operations in nuclear and related fields.

(m) Advise and consult with the federal government concerning the common position of the party states or assist party states with regard to individual problems where appropriate in respect to nuclear and related fields.

(n) Cooperate with the Atomic Energy Commission, the National Aeronautics and Space Administration, the Office of Science and Technology, or any agencies successor thereto, any other officer or agency of the United States, and any other governmental unit or agency or officer thereof, and with any private persons or agencies in any of the fields of its interest.

(o) Act as licensee, contractor or sub-contractor of the United States Government or any party state with respect to the conduct of any research activity requiring such license or contract and operate such research facility or undertake any program pursuant thereto, provided that this power shall be exercised only in connection with the implementation of one or more other powers conferred upon the Board by this compact.

(p) Prepare, publish and distribute (with or without charge) such reports, bulletins, newsletters or other materials as it deems appropriate.

(q) Ascertain from time to time such methods, practices, circumstances, and conditions as may bring about the prevention and control of nuclear incidents in the area comprising the party states, to coordinate the nuclear incident prevention and control plans and the work relating thereto of the appropriate agencies of the party states and to facilitate the rendering of aid by the party states to each other in coping with nuclear incidents.

The Board may formulate and, in accordance with need from time to time, revise a regional plan or regional plans for coping with nuclear incidents within the territory of the party states as a whole or within any subregion or subregions of the geographic area covered by this compact.

Any nuclear incident plan in force pursuant to this paragraph shall designate the official or agency in each party state covered by the plan who shall coordinate requests for aid pursuant to Article VI of this compact and the furnishing of aid in response thereto.

Unless the party states concerned expressly otherwise agree, the Board shall not administer the summoning and dispatching of aid, but this function shall be undertaken directly by the designated agencies and officers of the party states.

However, the plan or plans of the Board in force pursuant to this paragraph shall provide for reports to the Board concerning the occurrence of nuclear incidents and the requests for aid on account thereof, together with summaries of the actual working and effectiveness of mutual aid in particular instances.

From time to time, the Board shall analyze the information gathered from reports of aid pursuant to Article VI and such other instances of mutual aid as may have come to its attention, so that experience in the rendering of such aid may be available.

(r) Prepare, maintain, and implement a regional plan or regional plans for carrying out the duties, powers, or functions conferred upon the Board by this compact.

(s) Undertake responsibilities imposed or necessarily involved with regional participation pursuant to such cooperative programs of the federal government as are useful in connection with the fields covered by this compact.

ARTICLE VI. MUTUAL AID

(a) Whenever a party state, or any state or local governmental authorities therein, request aid from any other party state pursuant to this compact in coping with a nuclear incident, it shall be the duty of the requested state to render all possible aid to the requesting state which is consonant with the maintenance of protection of its own people.

(b) Whenever the officers or employees of any party state are rendering outside aid pursuant to the request of another party state under this compact, the officers or employees of such state shall, under the direction of the authorities of the state to which they are rendering aid, have the same powers, duties, rights, privileges and immunities as comparable officers and employees of the state to which they are rendering aid.

(c) No party state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on their part while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.

(d) All liability that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.

(e) Any party state rendering outside aid pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries and maintenance of officers, employees and equipment incurred in connection with such requests: provided that nothing herein contained shall prevent any assisting party state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving party state without charge or cost.

(f) Each party state shall provide for the payment of compensation and death benefits to injured officers and employees and the representatives of deceased officers and employees in case officers or employees sustain injuries or death while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within the state by or in which the officer or employee was regularly employed.

ARTICLE VII. SUPPLEMENTARY AGREEMENTS

(a) To the extent that the Board has not undertaken an activity or project which would be within its power under the provisions of Article V of this compact, any two or more of the party states (acting by their duly constituted administrative officials) may enter into supplementary agreements for the undertaking and continuance of such an activity or project. Any such agreement shall specify the purpose or purposes; its duration and the procedure for termination thereof or withdrawal therefrom; the method of financing and allocating the costs of the activity or project; and such other matters as may be necessary or appropriate.

No such supplementary agreement entered into pursuant to this article shall become effective prior to its submission to and approval by the Board. The Board shall give such approval unless it finds that the supplementary agreement or activity or project contemplated thereby is inconsistent with the provisions of this compact or a program or activity conducted by or participated in by the Board.

(b) Unless all of the party states participate in a supplementary agreement, any cost or costs thereof shall be borne separately by the states party thereto. However, the Board may administer or otherwise assist in the operation of any supplementary agreement.

(c) No party to a supplementary agreement entered into pursuant to this article shall be relieved thereby of any obligation or duty assumed by said party state under or pursuant to this compact, except that timely and proper performance of such obligation or duty by means of the supplementary agreement may be offered as performance pursuant to the compact.

(d) The provisions to this Article shall apply to supplementary agreements and activities thereunder, but shall not be construed to repeal or impair any authority which officers or agencies of party states may have pursuant to other laws to undertake cooperative arrangements or projects.

ARTICLE VIII. OTHER LAWS AND REGULATIONS

Nothing in this compact shall be construed to–

(a) Permit or require any person or other entity to avoid or refuse compliance with any law, rule, regulation, order or ordinance of a party state or subdivision thereof now or hereafter made, enacted or in force.

(b) Limit, diminish, or otherwise impair jurisdiction exercised by the Atomic Energy Commission, any agency successor thereto, or any other federal department, agency or officer pursuant to and in conformity with any valid and operative act of Congress; nor limit, diminish, affect, or otherwise impair jurisdiction exercised by any officer or agency of a party state, except to the extent that the provisions of this compact may provide therefor.

(c) Alter the relations between and the respective internal responsibilities of the government of a party state and its subdivisions.

(d) Permit or authorize the Board to own or operate any facility, reactor, or installation for industrial or commercial purposes.

ARTICLE IX. ELIGIBLE PARTIES, ENTRY INTO

FORCE AND WITHDRAWAL

(a) Any or all of the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming shall be eligible to become party to this compact.

(b) As to any eligible party state, this compact shall become effective when its legislature shall have enacted the same into law: provided, that it shall not become initially effective until enacted into law by five states.

(c) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until two years after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

(d) Guam and American Samoa, or either of them may participate in the compact to such extent as may be mutually agreed by the Board and the duly constituted authorities of Guam or American Samoa, as the case may be. However, such participation shall not include the furnishing or receipt of mutual aid pursuant to Article VI, unless that Article has been enacted or otherwise adopted so as to have the full force and effect of law in the jurisdiction affected. Neither Guam nor American Samoa shall be entitled to voting participation on the Board, unless it has become a full party to the compact.

ARTICLE X. SEVERABILITY AND CONSTRUCTION

The provisions of this compact and of any supplementary agreement entered into hereunder shall be severable and if any phrase, clause, sentence or provision of this compact or such supplementary agreement is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact or such supplementary agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact or any supplementary agreement entered into hereunder shall be held contrary to the constitution of any state participating therein, the compact or such supplementary agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. The provisions of this compact and of any supplementary agreement entered into pursuant thereto shall be liberally construed to effectuate the purposes thereof.

History:

[39-3020, added 1969, ch. 34, sec. 1, p. 61.]
Idaho Code § 39-8108 — Idaho Code / Title 39 / Chapter 81 / Section 39-8108
39-8108 FINANCING AUTHORITY MAY ISSUE NOTES AND BONDS — RELATED POWERS AND DUTIES.
Status: in_force

39-8108. Financing authority may issue notes and bonds — Related powers and duties. (1) The financing authority may issue from time to time its notes and bonds in a principal amount as the financing authority determines to be necessary to provide sufficient funds for achieving any of its corporate purposes, including the payment of interest on notes and bonds of the financing authority, establishment of reserves to secure notes and bonds, and all other expenditures of the financing authority incident to and necessary or convenient to carry out its corporate purposes and powers.

(2) The financing authority may issue:

(a) Bonds or notes, in one (1) or more series, to finance the basin project or any portion or portions thereof;

(b) Notes in anticipation of appropriations or other revenues;

(c) Notes to renew notes; and

(d) Bonds to pay notes, including the interest thereon, and whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any of its corporate purposes. The refunding bonds may be:

(i) Exchanged for bonds to be refunded; or

(ii) Sold and the proceeds applied to the purchase, redemption or payment of such bonds.

(3) Every issue of its notes and bonds shall be special obligations of the financing authority payable out of such fund or funds as shall be specified by the financing authority.

(a) The notes and bonds shall be authorized by resolution or resolutions of the financing authority, shall bear a date or dates and shall mature at a time or times as the resolution or resolutions may provide, except that no note shall mature more than one (1) year from the date of its issue and no bond shall mature more than thirty (30) years from the date of its issue. The bonds may be issued as serial bonds payable in annual installments or as term bonds or as a combination thereof. The notes and bonds shall bear interest at a rate or rates, be in denominations, be in a form, either coupon or registered, carry registration privileges, be executed in a manner, be payable in a medium of payment, at a place or places, and be subject to terms of redemption as the resolution or resolutions may provide. The notes and bonds of the financing authority may be sold by the financing authority, at public or private sale, at a price or prices, at, above, or below par, as the financing authority shall determine.

(b) Any resolution or resolutions authorizing any notes or bonds or any issue thereof may contain provisions, which shall be a part of the contract or contracts with the holders thereof, as to:

(i) Pledging all or any part of the revenues to secure the payment of the notes or bonds or of any issue thereof, subject to such agreements with noteholders or bondholders as may then exist;

(ii) Pledging all or any part of the assets of the financing authority to secure the payment of the notes or bonds or of any issue of notes or bonds, subject to agreements with noteholders or bondholders as may then exist;

(iii) The setting aside of reserves or sinking funds and the regulation and disposition thereof;

(iv) Limitations on the purpose to which the proceeds of sale of notes or bonds may be applied;

(v) Limitations on the issuance of additional notes or bonds, the terms upon which additional notes or bonds may be issued and secured, and the refunding of outstanding or other notes or bonds;

(vi) The procedure, if any, by which the terms of any contract with noteholders or bondholders may be amended or abrogated, the amount of notes or bonds the holders of which must consent thereto, and the manner in which such consent may be given;

(vii) Limitations on the amount of moneys to be expended by the financing agency for operating expenses of the financing authority;

(viii) Vesting in a trustee's or trustees' property, rights, powers and duties in trust as the financing authority may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the bondholders pursuant to this chapter, and limiting or abrogating the right of the bondholders to appoint a trustee under this chapter or limiting the rights, powers and duties of the trustee;

(ix) Defining the acts or omissions to act which shall constitute a default in the obligations and duties of the financing authority to the holders of the notes or bonds and providing for the rights and remedies of the holders of the notes or bonds in the event of a default, including as a matter of right the appointment of a receiver; provided however, that these rights and remedies shall be consistent with this chapter and the laws of the state of Idaho;

(x) Any other matters, of like or different character, which in any way affect the security or protection of the holders of the notes or bonds.

(c) Any pledge made by the financing authority shall be valid and binding from the time when the pledge is made; the revenues, moneys or property so pledged and thereafter received by the financing agency shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of the pledge shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the financing authority, irrespective of whether the parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded.

(d) Neither any administrator of the financing authority nor any other person executing the notes or bonds are subject to any personal liability or accountability by reason of the issuance thereof.

(e) The financing authority, subject to agreements with noteholders or bondholders as may then exist, shall have power out of any funds available therefor to purchase notes or bonds of the financing authority, which shall thereupon be canceled, at a price not exceeding:

(i) If the notes or bonds are then redeemable, the redemption price, including redemption premium, if any, then applicable plus accrued interest to the next interest payment thereon; or

(ii) If the notes or bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the notes or bonds become subject to redemption plus accrued interest to such date.

(f) In the discretion of the financing authority, the bonds may be secured by a trust indenture by and between the financing authority and a corporate trustee which may be any trust company or bank having the power of a trust company in the state. The trust indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the financing authority in relation to the exercise of its corporate powers and the custody, safeguarding and application of all moneys. The financing authority may provide by a trust indenture for the payment of the proceeds of the bonds and the revenues to the trustee under the trust indenture or other depository, and for the method of disbursement thereof, with safeguards and restrictions as it may determine. All expenses incurred in carrying out the trust indenture may be treated as a part of the operating expenses of the financing agency. If the bonds are secured by a trust indenture, the bondholders have no authority to appoint a separate trustee to represent them.

(g) Whether or not the notes and bonds are of a form and character as to be negotiable instruments under the terms of the uniform commercial code, the notes and bonds are hereby made negotiable instruments within the meaning, and for all the purposes, of the uniform commercial code, subject only to the provisions of the notes and bonds for registration.

(h) In case any of the administrators or officers of the financing authority whose signatures appear on any notes or bonds or coupons shall cease to be administrators or officers before the delivery of the notes or bonds, the signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if the administrators or officers had remained in office until delivery.

(4) The financing authority may provide for the issuance of refunding obligations for the purpose of refunding any obligations then outstanding which have been issued under the provisions of this chapter, including the advance refunding of obligations as provided by section 57-504, Idaho Code, and including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such obligations and for any corporate purpose of the financing authority. The issuance of the obligations, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the financing authority in respect of the same shall be governed by the provisions of this chapter which relate to the issuance of obligations, insofar as such provisions may be appropriate.

(5) Refunding obligations issued as provided in subsection (4) of this section may be sold or exchanged for outstanding obligations issued under this chapter and, if sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption or payment of such outstanding obligations. Pending the application of the proceeds of any refunding obligations, with any other available funds, to the payment of the principal, accrued interest and any redemption premium on the obligations being refunded, and, if so provided or permitted in the resolution authorizing the issuance of the refunding obligations or in the trust agreement securing the same, to the payment of any interest on the refunding obligations and any expenses in connection with refunding, the proceeds may be invested in direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by the United States of America which shall mature or which shall be subject to redemption by the holders thereof, at the option of the holders, not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended.

(6) All funds of the financing authority except as otherwise authorized or provided in this chapter shall be deposited as soon as practicable in a separate account or accounts in banks or trust companies organized under the laws of the state of Idaho or the national banking association. The moneys in the accounts shall be paid out on checks signed by the chair of the board of administrators or other officers or employees of the financing authority as the administrators authorize. All deposits of the moneys shall, if required by the financing authority, be secured by obligations of the United States of America, of the state or of any municipalities or political subdivisions or agencies of the state at a market value equal at all times to the amount of the deposit, and all banks and trust companies are authorized to give security for the deposits.

(7) Notwithstanding the provisions of this section, the financing authority may contract with the holders of any of its notes or bonds as to the custody, collection, securing, investment and payment of any moneys of the financing authority and of any moneys held in trust or otherwise for the payment of notes or bonds, and to carry out the contract. Moneys held in trust or otherwise for the payment of notes or bonds or in any way to secure notes or bonds and deposits of the moneys may be secured in the same manner as moneys of the financing authority, and all banks and trust companies are authorized to give security for the deposits.

(8) The financing authority may contract with the holders of bonds or notes with respect to the rights of such holders in the event of a default in the payment of principal or interest on such bonds or notes.

History:

[39-8108, added 2001, ch. 371, sec. 2, p. 1303.]
Idaho Code § 39-8113 — Idaho Code / Title 39 / Chapter 81 / Section 39-8113
39-8113 NOTES AND BONDS OF FINANCING AUTHORITY ARE TAX EXEMPT.
Status: in_force

39-8113. Notes and bonds of financing authority are tax exempt. The basin project commission and the financing authority perform essential governmental functions in the exercise of the powers conferred upon them under this chapter. The notes and bonds of the financing authority issued under this chapter, and the income therefrom, including any profit made on the sale thereof, and all its fees, charges, gifts, grants, revenues, receipts, and other moneys received, pledged to pay or secure the payment of the notes or bonds, are exempt from taxation by the state, municipalities and all other political subdivisions of the state. Any property acquired or used by the basin project commission consistent with this chapter are exempt from taxation and assessments.

History:

[39-8113, added 2001, ch. 371, sec. 2, p. 1307.]
Idaho Code § 39-260A — Idaho Code / Title 39 / Chapter 2 / Section 39-260A
39-260A REGISTRATION OF STILLBIRTHS TO A GESTATIONAL CARRIER.
Status: in_force

39-260A. registration of stillbirths to a gestational carrier. If a stillbirth occurs and the stillborn child was delivered under the terms of a gestational agreement entered and validated pursuant to chapter 16, title 7, Idaho Code, then a certificate of stillbirth shall be filed with the bureau of vital records and health statistics according to the provisions of section 39-260(4) and (5), Idaho Code. The certificate shall show the name of the gestational carrier and shall note her status as a gestational carrier. No certificate shall be deemed completed until every item of information required has been provided or its omission satisfactorily accounted for.

History:

[39-260A, added 2023, ch. 228, sec. 5, p. 707.]
Idaho Code § 39-247 — Idaho Code / Title 39 / Chapter 2 / Section 39-247
39-247 LOCAL REGISTRATION OFFICERS.
Status: in_force

39-247. Local registration officers. The state registrar shall appoint local registration officers for such registration districts as are established by the director. Such local registration officers shall meet the qualifications fixed by the board, and shall perform such duties as are required by the chapter and the regulations of the board.

History:

[39-247, added 1949, ch. 72, sec. 7, p. 117; am. 1983, ch. 7, sec. 7, p. 27.]
Idaho Code § 39-4118 — Idaho Code / Title 39 / Chapter 41 / Section 39-4118
39-4118 INSPECTIONS — TIMELINESS — REFUNDS.
Status: in_force

39-4118. Inspections — timeliness — Refunds. (1) If an inspection requested by a permit holder is not performed within forty-eight (48) business hours, such permit holder shall be authorized to hire a third-party inspector to perform such inspection. The permit holder or third-party inspector shall notify the division or local government that such inspection is being completed by a third-party inspector. The permit holder shall provide a copy of the results of the completed inspection to the division or local government. A permit holder who obtains a third-party inspection under this section shall be refunded any fee, or portion thereof, that the permit holder paid to the division or local government for such inspection. If a local government contracts with and pays the division, county, or third party for an inspection that requires a refund pursuant to this section, the division, county, or third party shall be responsible for refunding the permit holder.

(2) The division or a local government shall refund ten percent (10%) of the fees, or the portion thereof, paid by a permit holder for an inspection if an inspector or building code administrator:

(a) Conducts an inspection on the work relating to the permit;

(b) Determines that the work has failed an inspection; and

(c) Fails to, within three (3) business days, provide the permit holder or his agent with a reason for the failure of such inspection pursuant to the provisions of this chapter.

(3) A third-party inspector under this section shall meet the qualifications prescribed by section 39-4108, Idaho Code, and shall conduct the inspection in substantial accord with the applicable jurisdiction's standards provided by law, rule, or ordinance.

History:

[39-4118, added 2025, ch. 221, sec. 2, p. 1041.]
Idaho Code § 39-906 — Idaho Code / Title 39 / Chapter 9 / Section 39-906
39-906 DRIED BLOOD SPECIMEN COLLECTION.
Status: in_force

39-906. DRIED blood specimen collection. (1) All infants or newborns shall have a dried blood specimen collection as standard medical practice in Idaho as required in this section.

(2) For healthy infants, the initial dried blood specimen for newborn screening must be obtained between twenty-four (24) and forty-eight (48) hours of age. All infants must be retested. A test kit shall be given to the parents or responsible party at the time of discharge from the institution where initial newborn care was rendered, with instructions to collect a second dried blood specimen. The preferred time for sample collection for healthy infants is between ten (10) and fifteen (15) days of age.

(3) For infants admitted to the neonatal intensive care unit (NICU), the initial dried blood specimen for newborn screening must be obtained upon admission to the NICU. Newborns who require a blood transfusion, hyperalimentation, or dialysis shall have a dried blood specimen collected for screening prior to these procedures.

(4) For infants with a low birth weight, infants with an illness requiring three (3) or more weeks of hospitalization, or other infants admitted to the NICU, the first newborn screening specimen should be collected upon admission to the NICU, the second at twenty-four (24) to forty-eight (48) hours of age, and the third at twenty-eight (28) days or four (4) weeks of age.

(5) For newborns transferred from one hospital to another, the originating hospital shall ensure that the dried blood specimen is drawn. If the newborn is too sick to have a dried blood specimen drawn for screening prior to transfer and a dried blood specimen is not obtained, the originating hospital shall document this fact and notify the hospital to which the newborn is being transferred that a dried blood specimen for newborn screening has not been obtained.

(6) Prior to the discharge of an infant from the institution where initial newborn care or specialized medical care was rendered, the administrator of the institution shall ensure that an adequate dried blood specimen has been collected regardless of the time the infant is discharged from the institution.

(7) For births occurring outside of a hospital, the birth attendant shall ensure that an acceptable dried blood specimen is properly collected for newborn screening as required by this section.

(8) The person obtaining the newborn screening specimen shall fully complete the data card attached to the sample kit.

(9) Within twenty-four (24) hours after collection, the dried blood specimen shall be mailed to the laboratory by first class mail or its equivalent, except when mailing service is not available. When mailing service is not available on weekends or holidays, dried blood specimens shall be mailed to the laboratory on the first available mail pick-up day. The preferred method of mailing, following a weekend or holiday, is by expedited mail service.

(10) The administrator of the responsible institution or a person designated by the administrator of the responsible institution shall maintain a record of all dried blood specimens collected for newborn screening. Such records shall contain:

(a) The name of the infant;

(b) The name of the attending physician or other attendant;

(c) The date the specimen was collected;

(d) The name of the person who collected the specimen; and

(e) A tracking number, if a courier service was used.

(11) The administrator of the responsible institution shall ensure that a protocol for collection and submission of dried blood specimens for newborn screening has been developed, documented, and implemented. The protocol shall clearly define and document individual responsibilities, including but not limited to requiring that the attending physician or birth attendant request that the blood specimen collection be performed. The responsible institution may make an appropriate charge for this service and seek reimbursement when available.

(12) The administrator of the responsible institution or a person designated by the administrator of the responsible institution shall record on the birth certificate whether the dried blood specimen for newborn screening has been collected. When a birth occurs outside a hospital, the person responsible for registering the birth of the child shall record on the birth certificate whether the dried blood specimen for newborn screening has been collected and submitted within twenty-four (24) hours following collection.

(13) The department of health and welfare shall provide access to newborn screening laboratory services. If the administration of the responsible institution or the person required to register the birth of a child chooses to utilize this service, the department shall collect a fee equal to the cost of the test kit, analytical services, and follow-up services provided by the laboratory. The fees must be remitted to the department before the laboratory provides the test kit to those responsible for ensuring the infant is tested according to this chapter.

(14) Laboratories receiving dried blood specimens for newborn screening of infants born in Idaho are encouraged to participate in the centers for disease control and prevention newborn screening quality assurance program. Dried blood specimens for newborn screening shall be processed within twenty-four (24) hours of receipt by the laboratory or before the close of the next business day. Normal test results may be reported by mail to the submitter. Other results shall be reported in accordance with department of health and welfare rules.

(15)(a) Laboratories receiving dried blood specimens for newborn screening shall immediately report any unsatisfactory dried blood specimens to the submitting institution that originated the dried blood specimen or to the health care provider responsible for the newborn's care, with an explanation of the results. The laboratory shall request a repeat dried blood specimen for newborn screening from the institution or individual submitting the original sample or from the responsible provider as instructed by the newborn screening quality assurance program. Upon notification from the laboratory and as instructed by the newborn screening quality assurance program, the health care provider responsible for the newborn's care at the time of the report shall collect a repeat dried blood specimen to be appropriately forwarded to the laboratory for screening.

(b) Laboratories receiving dried blood specimens for newborn screening shall report positive or suspicious results on an infant's dried blood specimen to the attending physician or midwife, or, if there is none or the physician or midwife is unknown, to the person who registered the infant's birth, and shall make recommendations on the necessity of follow-up testing.

(c) Confirmed positive cases of biotinidase deficiency, congenital hypothyroidism, galactosemia, maple syrup urine disease, and phenylketonuria must be reported as required by department of health and welfare rules.

History:

[39-906, added 2025, ch. 45, sec. 12, p. 218.]
Idaho Code § 39-258 — Idaho Code / Title 39 / Chapter 2 / Section 39-258
39-258 ADOPTION OF PERSONS BORN IN IDAHO — NEW BIRTH CERTIFICATE ISSUED TO REPLACE ORIGINAL CERTIFICATE — PROCEDURE — ADOPTION PROCEEDINGS NOT OPEN TO INSPECTION WITH CERTAIN EXCEPTIONS — DUTIES OF THE CLERKS OF COURTS ISSUING ADOPTION DECREES — DUTIES OF STATE REGISTRAR OF VITAL STATISTICS.
Status: in_force

39-258. Adoption of persons born in Idaho — New birth certificate issued to replace original certificate — Procedure — Adoption proceedings not open to inspection with certain exceptions — Duties of the clerks of courts issuing adoption decrees — Duties of state registrar of vital statistics. (1) Whenever a final decree of adoption, issued by an Idaho court, declares a person born in Idaho to be adopted by someone other than his or her natural parents, the court shall require the preparation of a report (denominated as a certificate in accordance with Idaho court rules) of adoption on a form prescribed and furnished by the state registrar. The report shall include such facts as are necessary to locate and identify the certificate of birth of the person adopted; shall provide information necessary to establish a new certificate of birth for the person adopted; and shall identify the order of adoption and be certified by the clerk of the court.

(2) Information necessary to prepare the report of adoption shall be furnished by each petitioner for adoption or the petitioner's attorney. The provision of such information shall be prerequisite to the issuance of a final decree in the matter of the court.

(3) The report of adoption shall, within fifteen (15) days after becoming final, be recorded by the clerk of the court with the bureau of vital records and health statistics in the state department of health and welfare.

(4) If a court of some other state issued a decree or report of adoption of a person actually born in Idaho, the certified copy or report may be similarly filed by the person involved or by the adoptive parents. Failure to file certified copies or reports of said decrees within said period of time, however, shall not bar issuance of a new birth certificate as hereinafter provided. This copy of said decree or report shall be filed with and remain a part of the records of the bureau of vital records and health statistics.

(5) Upon receipt by the bureau of vital records and health statistics of the certified report of adoption, a new certificate of birth shall be issued (but only in cases where such person's birth is already recorded with the bureau of vital records and health statistics) bearing among other things the name of the person adopted, as shown in the report of adoption, except that a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person. No such birth certificate shall have reference to the adoption of said person. Such birth certificate shall supplant and constitute a replacement of any birth certificate previously issued for said person and shall be the only birth certificate open to public inspection. Provided however, upon good cause shown and the affidavit of the adoptive parents that a diligent search has been made, but no certificate of birth for the adoptive child can be located, the magistrate judge may order the adoptive child examined, at the expense of the adoptive parents, by a doctor of medicine licensed by the state of Idaho. The examination will be conducted pursuant to rules promulgated by the state board of health and welfare for the purpose of determining those matters required for the issuance of an original birth certificate. Upon the examination of the doctor made pursuant to the rules of the state board of health and welfare, the court may order the bureau of vital records and health statistics to issue an original birth certificate for the adoptive child based upon those facts determined by the examination and included in the court's order. In such case, a certified copy of the court order shall be provided to the bureau of vital records and health statistics.

(6) In respect to form and nature of contents, such a new birth certificate shall be identical with a birth certificate issued to natural parents for the birth of a child, except that the adoptive parents shall be shown as parents and the adopted person shall have the name assigned by the decree of adoption as shown on the report of adoption. In a case where a single person adopts another person, any new birth certificate may designate the adopting parent as adoptive.

(7) Whenever an adoption decree is amended, annulled, or rescinded, the clerk of the court shall forward a certified copy of the amendment, annulment, or rescindment to the bureau of vital records and health statistics in accordance with the time provisions in subsection (3) of this section. Unless otherwise directed by the court, the bureau of vital records and health statistics shall amend the certificate of birth upon receipt of a certified copy of an amended decree of adoption. Upon receipt of a certified copy of a decree of annulment or rescindment of adoption, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection except upon order of a court of record of this state.

(8) All records and information specified in this section, other than a new birth certificate issued hereunder, and all records, files, and information of any court in this state relating to adoption proceedings shall not be open to inspection except as provided in section 39-259A, Idaho Code, or upon the order of a court of record of this state; provided however, that the provisions of section 16-1616, Idaho Code, to the contrary notwithstanding, any magistrate judge may furnish a certified copy of a decree of adoption to any duly authorized agency of the United States or the state of Idaho without procuring any prior court order therefor.

(9) For adoptions that occur on or after July 1, 2022, the provisions of this section shall apply, except that the natural or adoptive parentage of each parent shall be demonstrated as determined by the registrar on the face of a new birth certificate described in subsection (6) of this section.

(10) For all adoptions, a copy of the original birth certificate, all medical and demographic information contained in the sealed file, and the report of adoption must be provided upon the signed request, on a form prescribed by the registrar, of the adoptee who is named on the birth certificate or such adoptee's legal representative, provided that:

(a) The adoptee must be eighteen (18) years of age or older;

(b) The documents referenced in this subsection will be released to the adult adoptee upon completion of the voluntary adoption registration process. In the event of a match on the voluntary adoption registry, a minimum thirty (30) day waiting period will apply, during which time a registered birth parent may:

(i) Indicate a preferred method of contact, which method will be communicated to the adoptee at the time the documents are released;

(ii) Request no contact, which request will be communicated to the adoptee at the time the documents are released; or

(iii) Request that the registered birth parent's name be redacted before records are released, which request shall be effective for five (5) years. After the five (5) years have elapsed, the adoptee may again request documents according to this subsection, and all provisions of this subsection shall apply; and

(c) The bureau of vital records and health statistics is not obligated to provide court records to the adoptee under the provisions of this subsection.

History:

[(39-258) 39-218, as replaced by 1959, ch. 104, sec. 1, p. 221; am. 1965, ch. 208, sec. 1, p. 477; am. 1974, ch. 23, sec. 60, p. 633; am. and redesignated 1983, ch. 7, sec. 18, p. 32; am. 1985, ch. 59, sec. 2, p. 114; am. 2005, ch. 391, sec. 53, p. 1309; am. 2012, ch. 20, sec. 21, p. 71; am. 2022, ch. 282, sec. 1, p. 893; am. 2025, ch. 152, sec. 2, p. 754.]
Idaho Code § 39-9504 — Idaho Code / Title 39 / Chapter 95 / Section 39-9504
39-9504 ABORTION COMPLICATION REPORTING.
Status: in_force

39-9504. abortion complication reporting. (1) Every hospital, licensed health care facility or individual medical practitioner shall file a written report with the department regarding each woman who comes under the hospital's, health care facility's or medical practitioner's care and receives treatment for any item listed in section 39-9503(2), Idaho Code, that the attending medical practitioner has reason to believe, in the practitioner's reasonable medical judgment, constitutes an abnormal or a deviant process or event arising from the performance or completion of an abortion. Such reports shall be completed by the hospital, health care facility or attending medical practitioner who treated the woman, signed by the attending medical practitioner and transmitted to the department within ninety (90) days from the last date of treatment or other care or consultation for the complication.

(2) Every hospital, licensed health care facility or individual medical practitioner required to submit a complication report shall attempt to ascertain and shall report on the following:

(a) The age and race of the woman;

(b) The woman's state and county of residence;

(c) The number of previous pregnancies, number of live births and number of previous abortions of the woman;

(d) The date the abortion was performed and the date that the abortion was completed, as well as the gestational age of the fetus, as defined in section 18-604, Idaho Code, and the methods used;

(e) Identification of the physician who performed the abortion, the facility where the abortion was performed and the referring medical practitioner, agency or service, if any;

(f) The specific complication, as that term is defined in section 39-9503(2), Idaho Code, including, where applicable, the location of the complication in the woman's body, the date on which the complication occurred and whether there were any preexisting medical conditions that would potentially complicate pregnancy or the abortion;

(g) Whether any post-abortion follow-up visit was scheduled or required by the abortion provider and, if so, whether the woman refused or failed to attend such follow-up visit;

(h) Whether the woman was referred to a hospital, emergency department, or urgent care clinic or department for treatment for any item listed in section 39-9503(2), Idaho Code;

(i) Any follow-up care, surgery, or aspiration procedure performed because of incomplete abortion or retained tissue; and

(j) Whether the woman received treatment from any other medical practitioner for the specific complication and, if so, when such previous treatment occurred, and the medical practitioner or practitioners who provided the treatment.

(3) Reports required under this section shall not contain:

(a) The name of the woman;

(b) Common identifiers such as the woman's social security number or motor vehicle operator's license number; or

(c) Other information or identifiers that would make it possible to identify, in any manner or under any circumstances, a woman who has obtained an abortion and subsequently suffered an abortion-related complication.

(4) The department shall prepare a comprehensive annual statistical report for the legislature based on the data gathered from reports under this section. The statistical report shall not lead to the disclosure of the identity of any medical practitioner, or any person filing a report under this section nor of a woman about whom a report is filed. The aggregate data shall also be made independently available to the public by the department in a downloadable format.

(5) The department shall summarize aggregate data from the reports required under this chapter and submit the data to the federal centers for disease control and prevention for the purpose of inclusion in the annual vital statistics report. The aggregate data shall also be made independently available to the public by the department in a downloadable format.

(6) Reports filed pursuant to this section shall not be deemed public records and shall remain confidential, except that disclosure may be made to law enforcement officials upon an order of a court after application showing good cause. The court may condition disclosure of the information upon any appropriate safeguards it may impose.

(7) Absent a valid court order or judicial subpoena, the department, any other state department, agency or office, or any employees or contractor thereof shall not compare data concerning abortions or abortion complications maintained in an electronic or other information system file with data in any other electronic or other information system, a comparison of which could result in identifying, in any manner or under any circumstances, a woman obtaining or seeking to obtain an abortion.

(8) Statistical information that may reveal the identity of a woman obtaining or seeking to obtain an abortion shall not be maintained by the department, any other state department, agency or office, or any employee or contractor thereof.

(9) The department or an employee or contractor of the department shall not disclose to a person or entity outside the department the reports or the contents of the reports required under this section in a manner or fashion that would permit the person or entity to whom the report is disclosed to identify, in any way or under any circumstances, the woman who is the subject of the report.

(10) Original copies of all reports filed under this section shall be available to the state board of medicine for use in the performance of its official duties.

(11) The department shall communicate this reporting requirement to all medical professional organizations, medical practitioners, hospitals, emergency departments, abortion facilities, clinics, ambulatory surgical facilities, and other health care facilities operating in the state.

History:

[39-9504, added 2018, ch. 225, sec. 1, p. 511; am. 2019, ch. 50, sec. 2, p. 137.]
Idaho Code § 39-7411 — Idaho Code / Title 39 / Chapter 74 / Section 39-7411
39-7411 GROUND WATER MONITORING DESIGN.
Status: in_force

39-7411. Ground water monitoring design. (1) This section applies to MSWLF units except:

(a) When the MSWLF unit meets the conditions for exemption provided for in 40 CFR 258.1(f); provided that the director may, at his discretion, require monitoring of a MSWLF unit which meets the conditions for exemption in 40 CFR 258.1(f), if necessary to protect ground water resources. If the director does require ground water monitoring of such MSWLF unit, a method other than the ground water monitoring wells required in this section and in 40 CFR 258.51 through 258.55 may be used to detect a release of contamination from the unit; or

(b) When suspended upon demonstration, in accordance with 40 CFR 258.50, that there is no potential for migration of hazardous constituents from the MSWLF unit to the uppermost aquifer during the active life of the unit and the post-closure care periods when certified by a qualified professional and approved by the director.

(2) All ground water monitoring programs shall be conducted in a manner consistent with the guidance of relevant portions of appendix F per the "Federal Register" of October 9, 1991, or the solid waste disposal technical manual published by the United States environmental protection agency in November 1993 and revised in April 1998. The schedule for compliance as provided by 40 CFR 258.50 shall apply unless an alternative schedule is approved by the director.

(a) A ground water monitoring system must be installed that consists of a sufficient number of wells, installed at appropriate locations and depths, to conform with the requirements of 40 CFR 258.51(a) and (d).

(b) A multiunit ground water monitoring system may be constructed instead of separate ground water monitoring systems for each MSWLF unit as provided in 40 CFR 258.51(b).

(c) Monitoring wells must be cased in a manner that maintains the integrity of the monitoring well bore hole as provided in 40 CFR 258.51(c). Wells must be constructed in such a manner as to prevent contamination of the samples, the sampled strata, and between aquifers and water bearing strata, and in accordance with Idaho department of water resources, well construction standards and the monitoring well standards of the national ground water association.

(3) For each MSWLF unit, the relevant point of compliance shall be set as a function of site and monitoring program design subject to the approval of the director. The relevant point of compliance for purposes of MSWLF unit design, well location, and corrective action shall be:

(a) Located within the flow pathway(s) predicted from the results of the hydrogeologic investigation;

(b) No more than one hundred fifty (150) meters downgradient from the waste management unit boundary;

(c) On contiguous property owned, or otherwise subject to possessory rights by the MSWLF owner;

(d) Identified by the qualified professional on all reports and documents pertaining to analysis of ground water protection measures; and

(e) Determined in consideration of factors provided in 40 CFR 258.40(d).

(4) The ground water monitoring system must include sampling and analysis procedures consistent with 40 CFR 258.53.

(a) Monitoring wells shall be tested for the constituents listed in 40 CFR 258, appendix I, plus temperature, unless otherwise authorized by the director as provided in 40 CFR 258.54.

(b) Background values shall be based on an independent sample from each well sampled at three (3) month intervals in a one (1) year period.

(5) Detection monitoring is required throughout the active life and post-closure care period at MSWLF units as provided in 40 CFR 258.54 at all ground water monitoring wells as defined in 40 CFR 258.51(a)(1) and (a)(2) for constituents listed in 40 CFR 258, appendix I.

(a) Each well shall be monitored on a semiannual basis after background characterization. Alternative constituents and sampling frequency may be approved by the director based upon considerations as defined in 40 CFR 258.54 (a)(2) and (b). Requests for alternative constituents or frequency shall be based on a report certified by a qualified professional.

(b) Each ground water sample event must include a determination of the ground water surface elevation, flow direction, and rate.

History:

[(39-7411) 39-7410, added 1993, ch. 139, sec. 12, p. 358; am. and redesig. 2026, ch. 7, sec. 15, p. 37.]
Idaho Code § 39-7106 — Idaho Code / Title 39 / Chapter 71 / Section 39-7106
39-7106 LOCAL EMERGENCY RESPONSE AUTHORITIES — POWERS AND DUTIES.
Status: in_force

39-7106. Local emergency response authorities — Powers and duties. (1) Every local emergency response authority designated in or pursuant to this chapter will respond to a hazardous substance incident occurring within its jurisdiction in a fashion consistent with the Idaho hazardous materials emergency incident command and response plan except as provided in a private emergency response plan. The local emergency response authority will also respond to a hazardous substance incident which initially occurs within its jurisdiction but which spreads to another jurisdiction. If a hazardous substance incident occurs on a boundary between two (2) jurisdictions or in an area where the jurisdiction is not readily ascertainable, the first local emergency response authority to arrive at the scene of the incident will perform the initial emergency response.

(2) The incident commander shall declare the hazardous substance incident ended when the threat to public health and safety has ended and the threat to the environment has been minimized.

(3) Mutual aid agreements or contracts are encouraged among governmental entities, private parties, local emergency response authorities and the military division in order to safely respond to hazardous substance incidents. Further, mutual aid agreements are encouraged among governmental entities, local emergency response authorities and the military division with other similar entities in other states and Canada in order to ensure appropriate response to hazardous substance incidents.

(4) Any local emergency response authority designated in or pursuant to the provisions of section 39-7105, Idaho Code, may request the military division to provide assistance consistent with the Idaho hazardous materials emergency incident command and response plan.

History:

[39-7106, added 1991, ch. 242, sec. 1, p. 587; am. 1997, ch. 121, sec. 4, p. 361.]
Idaho Code § 39-5307 — Idaho Code / Title 39 / Chapter 53 / Section 39-5307
39-5307 ACCESS TO RECORDS.
Status: in_force

39-5307. Access to records. Any person, department, agency, or commission authorized to carry out the duties enumerated in this chapter shall have access to all relevant records, which shall be subject to disclosure according to chapter 1, title 74, Idaho Code, and section 39-5310, Idaho Code. Other persons and entities shall be granted such access only with the written consent of the vulnerable adult or his legal representative, or pursuant to other proper judicial process or federal law.

History:

[(39-5307) 1982, ch. 286, sec. 2, p. 734; am. and redesignated 1990, ch. 213, sec. 47, p. 519; am. and redesignated 1991, ch. 329, sec. 9, p. 852; am. 2015, ch. 141, sec. 95, p. 448; am. 2023, ch. 158, sec. 8, p. 434.]