Idaho Code § 39-4411 — Idaho Code / Title 39 / Chapter 44 / Section 39-4411
39-4411 RECORDS — REPORTING — MONITORING.
Status: in_force

39-4411. Records — Reporting — Monitoring. (1) Pursuant to the provisions of section 39-4405, Idaho Code, the board shall adopt, and amend as necessary, such rules relating to records, reporting, and monitoring as may be needed to achieve the purposes of this chapter. These rules may include, but shall not be limited to, prescribing procedures and requirements for:

(a) The establishment, maintenance, and format of records and reports;

(b) The submittal of records and reports;

(c) The taking of samples and the performing of tests and of analyses;

(d) The use of approved monitoring methods and techniques;

(e) The installation, calibration, use, and maintenance of monitoring equipment; and

(f) The provision of relevant information to the department.

(2) Sixty (60) days after promulgation of the criteria and lists specified under section 39-4407, Idaho Code, and the rules required under section 39-4405, Idaho Code, and subsection (1) of this section, the generation, transportation, treatment, storage, or disposal of a hazardous waste in this state by any person without reporting such activity to the department as required by the rules issued pursuant to subsection (1) of this section shall be unlawful.

(3) Information obtained by the department or by agents, contractors, or other representatives of the department, under any provisions of this chapter, shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

(4) Each generator shall, at the discretion of the director, no later than January 31 of each calendar year, submit a written annual report to the department including the following information:

(a) The types and quantities of hazardous wastes generated;

(b) The types and quantities of such wastes shipped for treatment and disposal by landfilling or other means of disposal;

(c) The types and quantities of such wastes remaining in storage at the end of the reporting period;

(d) Whether such wastes are destined for disposal or treatment in this state or whether such wastes are destined for disposal or treatment outside this state.

(5) The operator of each commercial hazardous waste disposal facility or site in the state shall, no later than January 31 of each calendar year, submit a written annual report to the department providing information on the types and quantities of wastes received which were generated in Idaho, and information on the types and quantities of wastes received which were generated in other states.

(6) Prior to March 1 of each year the department shall submit a report to the governor and the legislature detailing:

(a) The types and quantities of hazardous wastes generated in this state;

(b) The types and quantities of such wastes shipped for treatment and disposal by landfilling or other means of disposal;

(c) The types and quantities of such wastes remaining in storage at the end of the most recent reporting period; and

(d) The types and quantities of hazardous waste generated outside this state and shipped into this state for storage or disposal.

History:

[39-4411, added 1983, ch. 154, sec. 1, p. 423; am. 1984, ch. 258, sec. 1, p. 618; am. 1986, ch. 148, sec. 5, p. 421; am. 1990, ch. 213, sec. 43, p. 515; am. 1993, ch. 291, sec. 6, p. 1088; am. 1996, ch. 125, sec. 1, p. 439; am. 1998, ch. 125, sec. 4, p. 465; am. 2015, ch. 141, sec. 92, p. 446; am. 2026, ch. 89, sec. 7, p. 468.]
Idaho Code § 39-8407 — Idaho Code / Title 39 / Chapter 84 / Section 39-8407
39-8407 MISCELLANEOUS PROVISIONS.
Status: in_force

39-8407. Miscellaneous provisions. (1) A determination of the attorney general to exclude or remove from the directory a brand family or tobacco product manufacturer shall be subject to review in the manner prescribed by Idaho's administrative procedure act.

(2) No person shall be issued a license or granted a renewal of a license to act as a stamping agent unless such person has certified, in writing, that such person will comply fully with this chapter.

(3) For the year 2003, the first report of stamping agents required by section 39-8405(1), Idaho Code, shall be due thirty (30) calendar days after the effective date of this chapter; the certifications by a tobacco product manufacturer described in section 39-8403(1), Idaho Code, shall be due forty-five (45) days after such effective date; and the directory described in section 39-8403(2), Idaho Code, shall be published or made available within ninety (90) calendar days after such effective date.

(4) The commission and the attorney general may promulgate rules necessary to effect the purposes of this chapter.

(5) In any action brought by the attorney general to enforce this chapter, the attorney general shall be entitled to recover the costs of investigation, expert witness fees, costs of the action and reasonable attorney's fees.

(6) If a court determines that a person has violated this chapter, the court shall order any profits, gain, gross receipts or other benefit from the violation to be disgorged and paid to the state treasurer for deposit in the general fund. Unless otherwise expressly provided the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state.

(7) If a court of competent jurisdiction finds that the provisions of this chapter and of the Idaho tobacco master settlement agreement act conflict and cannot be harmonized, then such provisions of the Idaho tobacco master settlement agreement act, chapter 78, title 39, Idaho Code, shall control. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter causes the Idaho tobacco master settlement agreement act to no longer constitute a qualifying or model statute, as those terms are defined in the master settlement agreement, then that portion of this chapter shall not be valid. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid, unlawful or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter or any part thereof.

History:

[39-8407, added 2003, ch. 33, sec. 2, p. 151.]
Idaho Code § 39-3605C — Idaho Code / Title 39 / Chapter 36 / Section 39-3605C
39-3605C ENVIRONMENTAL REMEDIATION FUND ESTABLISHED.
Status: in_force

39-3605C. Environmental remediation fund established. There is hereby created in the state treasury a fund to be known as the environmental remediation fund. Surplus moneys in the environmental remediation fund shall be invested by the state treasurer in the manner provided for idle state moneys in the state treasury under section 67-1210, Idaho Code. Interest received on all such investments shall be paid into the environmental remediation fund. The fund may have paid into it:

(1) Legislative appropriations and transfers from other funds;

(2) All donations and grants from any source which may be used for the provisions of this act;

(3) Any other funds which may hereafter be provided by law.

History:

[39-3605C, added 1995, ch. 344, sec. 2, p. 1133.]
Idaho Code § 39-7429 — Idaho Code / Title 39 / Chapter 74 / Section 39-7429
39-7429 VIOLATIONS AND ENFORCEMENT.
Status: in_force

39-7429. Violations and enforcement. (1) Failure to comply with the requirements established in this chapter, requirements of rules established pursuant to this chapter, and reasonable conditions of approval granted pursuant to this chapter shall be unlawful. Particularly with respect to siting and operation of a municipal solid waste landfill to satisfy the requirements of chapter 44, title 31, Idaho Code, enforcement should focus on remediation of deficiencies, rather than punishment. Penalties should be imposed where practices show disregard for protection of human health, safety, and the environment.

(2) Each public agency with responsibility for enforcement of requirements established in this chapter may inspect, monitor, and employ such methods of enforcement as they may be empowered to use by statute or local ordinance.

(3) The director shall apply the provisions of section 39-108, Idaho Code, to ensure compliance.

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

(5) The director may employ the use of negotiated compliance agreements, in addition to civil legal remedies and misdemeanor criminal penalties otherwise authorized, in order to obtain compliance.

(6) Where more than one (1) public entity undertakes enforcement efforts to obtain compliance with the provisions of this chapter, enforcement efforts should be coordinated to the greatest extent possible to minimize conflict among requirements and costs of compliance.

(7) A private right of action on behalf of any person who has been injured or damaged by any approval authorized in this chapter or violation of the terms of any approval or regulation authorized in this chapter may be maintained in accordance with the provisions of this chapter and of chapter 52, title 67, Idaho Code, as applicable.

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

History:

[(39-7429) 39-7420, added 1992, ch. 331, sec. 1, p. 990; am. 1993, ch. 139, sec. 21, p. 365; am. and redesig. 2026, ch. 7, sec. 33, p. 52.]
Idaho Code § 39-3608 — Idaho Code / Title 39 / Chapter 36 / Section 39-3608
39-3608 REGULATORY ACTIONS FOR WATER BODIES WHERE BENEFICIAL USES ARE FULLY SUPPORTED.
Status: in_force

39-3608. Regulatory actions for water bodies where beneficial uses are fully supported. For streams or other water bodies where the director has determined that designated beneficial uses are being fully supported, the director shall assure, in a manner consistent with other existing applicable statutes, and rules, that all programs deemed necessary to maintain full support of designated beneficial uses are employed. In providing such assurances, the director may enter together into an agreement with public agencies in accordance with sections 67-2326 through 67-2333, Idaho Code.

History:

[39-3608, added 1995, ch. 352, sec. 1, p. 1172.]
Idaho Code § 39-1604 — Idaho Code / Title 39 / Chapter 16 / Section 39-1604
39-1604 LICENSE REQUIREMENTS FOR FOOD ESTABLISHMENTS.
Status: in_force

39-1604. License requirements for food establishments. No person, firm or corporation shall operate a food establishment, for which no other state or federal food safety inspection or license is required, without a license approved by the director of the department of health and welfare or his designee. Food establishment licenses shall not be transferable and the type of license and any restrictions will be specified on the license.

Terms and conditions of licensure are to be established by rules in accordance with the intent of this chapter. Any applicant or license holder aggrieved by an action of the regulatory authority which results in denial, suspension, or revocation of a license has the right to a hearing conducted pursuant to chapter 52, title 67, Idaho Code, and appeal shall be provided therein.

History:

[39-1604, added 1991, ch. 142, sec. 2, p. 335; am. 1997, ch. 194, sec. 4, p. 549.]
Idaho Code § 39-5404 — Idaho Code / Title 39 / Chapter 54 / Section 39-5404
39-5404 RESTRICTIONS ON SEMEN DONATIONS.
Status: in_force

39-5404. Restrictions on semen donations. No semen shall be donated for use in artificial insemination by any person who:

(1) Has any disease or defect known by him to be transmissible by genes; or

(2) Knows or has reason to know he has a venereal disease.

History:

[39-5404, added 1982, ch. 349, sec. 4, p. 865.]
Idaho Code § 39-8406 — Idaho Code / Title 39 / Chapter 84 / Section 39-8406
39-8406 PENALTIES AND OTHER REMEDIES.
Status: in_force

39-8406. Penalties and other remedies. (1) Each stamp affixed, each sale or offer to sell, and each cigarette possessed in violation of section 39-8403(3), Idaho Code, shall constitute a separate violation. For each violation hereof, the district court may impose a civil penalty in an amount not to exceed the greater of five hundred percent (500%) of the retail value of the cigarettes or five thousand dollars ($5,000) upon a determination of violation of section 39-8403(3), Idaho Code, or any rule adopted pursuant thereto.

(2) In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a stamping agent has violated section 39-8403(3), Idaho Code, or any rule adopted pursuant thereto, the commission may revoke or suspend the license of any stamping agent in the manner provided by law.

(3) Any cigarettes that have had stamps affixed, been sold, offered for sale or possessed for sale in this state in violation of section 39-8403(3) shall be deemed contraband under section 63-2513, Idaho Code, and such cigarettes shall be subject to seizure and forfeiture by the commission as provided in such section, and all such cigarettes so seized and forfeited shall be destroyed and not resold.

(4) The attorney general may seek an injunction to prevent or restrain a threatened or actual violation of section 39-8403(3), 39-8405(1) or 39-8405(4), Idaho Code, by a stamping agent and to compel the stamping agent to comply with such subsections.

(5) A person who violates section 39-8403(3), Idaho Code, engages in an unfair and deceptive trade practice in violation of the Idaho consumer protection act, chapter 6, title 48, Idaho Code.

History:

[39-8406, added 2003, ch. 33, sec. 2, p. 150.]
Idaho Code § 39-3603 — Idaho Code / Title 39 / Chapter 36 / Section 39-3603
39-3603 ANTIDEGRADATION POLICY AND IMPLEMENTATION.
Status: in_force

39-3603. antidegradation policy and implementation. (1) Policy.

(a) Maintenance of existing uses for all waters — Tier I protection. The existing instream beneficial uses of each water body and the level of water quality necessary to protect those uses shall be maintained and protected.

(b) High quality waters — Tier II protection. Where the quality of waters exceeds levels necessary to support propagation of fish, shellfish and wildlife and recreation in and on the water, that quality shall be maintained unless the department finds, after full satisfaction of the intergovernmental coordination and public participation provisions of this chapter, and the department's planning processes, along with appropriate planning processes of other agencies, that lowering water quality is necessary to accommodate important economic or social development in the area in which the waters are located. In allowing such reductions in water quality, the department shall assure water quality adequate to protect existing uses fully.

(c) Outstanding resource waters — Tier III protection. Where an outstanding resource water has been designated by the legislature that water quality shall be maintained and protected from the impacts of point and nonpoint source activities.

(2) Implementation.

(a) General permits. For general permits issued on or after July 1, 2011, the department will conduct an antidegradation review, including any required Tier II analysis, at the time at which general permits are certified. For general permits that the department determines adequately address antidegradation, review of individual applications for coverage will not be required unless it is required by the general permit. For general permits that the department determines do not adequately address antidegradation, the department may conclude that other conditions, such as the submittal of additional information or individual certification at the time an application is submitted for coverage under a general permit, may be necessary in the general permit to provide reasonable assurance of compliance with the antidegradation policy. If supported by the permit record, the department may also presume that discharges authorized under a general permit are insignificant or that the pollution controls required in the general permit are the least degrading alternative as specified in the department's rules.

(b) Identification of Tier II waters. The department will utilize a water body by water body approach in determining where Tier II protection is appropriate in addition to Tier I protection. This approach shall be based on an assessment of the chemical, physical, biological and other information regarding the water body. The most recent federally approved integrated report and supporting data will be used to determine the appropriate level of protection as follows:

(i) Water bodies identified in the integrated report as fully supporting assessed uses will be provided Tier II protection.

(ii) Water bodies identified in the integrated report as not assessed will be provided an appropriate level of protection on a case-by-case basis using information available at the time of a proposal for a new or reissued permit or license.

(iii) Water bodies identified in the integrated report as not fully supporting assessed uses will receive Tier I protection for the impaired aquatic life or recreational use, except as follows:

1. For aquatic life uses identified as impaired for dissolved oxygen, pH or temperature, if biological or aquatic habitat parameters show a healthy, balanced biological community is present, as described in the water body assessment guidance published by the department, then the water body shall receive Tier II protection for aquatic life.

2. For recreational uses, if water quality data show compliance with those levels of water quality criteria listed in the department's rules, then the water body shall receive Tier II protection for recreational uses.

(iv) Special resource waters listed in the department's rules shall be evaluated in the same fashion as all other waters.

(c) Tier II analysis for insignificant degradation. If the department determines an activity or discharge will cause degradation, then the department shall determine whether the degradation is insignificant.

(i) A cumulative decrease in assimilative capacity of more than ten percent (10%), from conditions as of July 1, 2011, shall constitute significant degradation. If the cumulative decrease in assimilative capacity from conditions as of July 1, 2011, is equal to or less than ten percent (10%), then, taking into consideration the size and character of the activity or discharge and the magnitude of its effect on the receiving stream, the department may determine that the degradation is insignificant.

(ii) The department may request additional information from the applicant as needed to determine the significance of the degradation.

(iii) If degradation is determined to be insignificant, then no further Tier II analysis for other source controls, alternatives analysis or socioeconomic justification is required.

History:

[39-3603, added 1995, ch. 352, sec. 1, p. 1170; am. 2011, ch. 116, sec. 3, p. 324; am. 2014, ch. 60, sec. 1, p. 142.]
Idaho Code § 39-3302 — Idaho Code / Title 39 / Chapter 33 / Section 39-3302
39-3302 DEFINITIONS.
Status: in_force

39-3302. Definitions. As used in this chapter:

(1) "Abuse" means a nonaccidental act of sexual, physical or mental mistreatment or injury of a resident through the action or inaction of another individual.

(2) "Accident" means an unexpected, unintended event that can cause a resident injury.

(3) "Accreditation" means a process of review that allows health care organizations to meet regulatory requirements and standards established by a recognized accreditation organization.

(4) "Accreditation commission" means the commission on accreditation of rehabilitation facilities (CARF), the joint commission, or another nationally recognized accreditation organization approved by the director.

(5) "Activities of daily living" means the performance of basic self-care activities in meeting an individual's needs to sustain him in a daily living environment.

(6) "Administrator" means an individual, properly licensed by the division of occupational and professional licenses, who is responsible for operation of a residential care or assisted living facility.

(7) "Administrator's designee" means a person authorized in writing to act in the absence of the administrator for no more than thirty (30) consecutive days when the administrator is on vacation, has days off, is ill, or is away for trainings or meetings. This individual shall be knowledgeable of facility operations, the residents and their needs, emergency procedures, the location and operation of emergency equipment, and how the administrator can be reached in the event of an emergency.

(8) "Adult" means a person who has attained the age of eighteen (18) years.

(9) "Advocate" means an authorized or designated representative of a program or organization operating under federal or state mandate to represent the interests of mentally ill, developmentally disabled, or elderly residents.

(10) "Assessment" means the conclusion reached using uniform criteria, which identifies resident strengths, weaknesses, risks and needs, to include functional, medical and behavioral needs. The assessment criteria shall be developed by the department and residential care or assisted living council.

(11) "Authorized provider" in this chapter means an individual who is a nurse practitioner or clinical nurse specialist or a physician assistant.

(12) "Board" means the board of health and welfare.

(13) "Chemical restraint" means a medication used to control behavior or to restrict freedom of movement and is not a standard treatment for the resident's condition.

(14) "Complaint" means a formal expression of dissatisfaction, discontent, or unhappiness by, or on behalf of, a resident concerning the care or conditions at the facility. This expression could be oral or in writing or by an alternate means of communication.

(15) "Core issues" means abuse, neglect, exploitation, inadequate care, inoperable fire detection or extinguishing systems with no fire watch in place pending the correction of the system, and surveyors denied access to records, residents, or facilities.

(16) "Deficiency" means a determination of noncompliance with any section of this chapter.

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

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

(19) "Exit conference" means a meeting with the facility administrator or his designee to provide review, discussion, and written documentation of non-core issues and to provide preliminary findings of core issues.

(20) "Exploitation" means the misuse of a resident's funds, property, resources, identity or person for profit or advantage.

(21) "Facility" means a residential care or assisted living facility.

(22) "Follow-up survey" means a survey conducted to confirm the facility is in compliance and has the ability to remain in compliance.

(23) "Governmental unit" means the state, any county, any city, other political subdivision, or any department, division, board, or other agency thereof.

(24) "Immediate jeopardy" means that immediate corrective action is required because the facility is noncompliant with health and safety requirements placing patients at risk of serious harm, injury, or death.

(25) "Inadequate care" occurs when a facility engages in actions or omissions that cause harm to a resident or create a situation likely to result in immediate jeopardy to the health, safety, or well-being of a resident.

(26) "License" means a basic permit to operate a residential care or assisted living facility.

(27) "Licensee" means the owner of a license to operate a residential care or assisted living facility under this chapter.

(28) "Licensing agency" means the unit of the department of health and welfare that conducts inspections and surveys and issues licenses based on compliance with this chapter.

(29) "Manager" means the individual delegated by the administrator to manage the day-to-day operations of the facility.

(30) "Neglect" means failure to provide food, clothing, shelter, or medical care necessary to sustain the life and health of a resident.

(31) "Negotiated service agreement" means the agreement reached by the resident and/or the resident's representative and the facility, based on the assessment, physician's orders, admission records, and desires of the resident, and which outlines services to be provided and the obligations of the facility and the resident.

(32) "Non-core issue" means any finding of deficient practice that is not a core issue.

(33) "Personal assistance" means the provision by the staff of the facility of one (1) or more of the following services:

(a) Assisting the resident with activities of daily living;

(b) Arranging for supportive services;

(c) Being aware of the resident's general whereabouts; and

(d) Monitoring the activities of the resident while on the premises of the facility to ensure the resident's health, safety and well-being.

(34) "Physical restraint" means any device or physical force that restricts the free movement of a portion of an individual's body, except for the temporary treatment of a medical condition, such as the use of a cast for a broken bone.

(35) "Political subdivision" means a city or county.

(36) "Resident" means an adult who lives in a residential care or assisted living facility.

(37) "Residential care or assisted living facility" means a facility or residence, however named, operated on either a profit or nonprofit basis for the purpose of providing necessary supervision, personal assistance, meals and lodging to three (3) or more adults not related to the owner.

(38) "Room and board" means lodging and meals.

(39) "Substantial compliance" means a facility has no core issue deficiencies.

(40) "Supervision" means administrative activity which provides the following: protection, guidance, knowledge of the resident's general whereabouts, and assistance with activities of daily living. The administrator or manager is responsible for providing appropriate supervision based on each resident's negotiated service agreement or other legal requirements.

(41) "Supportive services" means the specific services that are provided to the resident in the community.

History:

[39-3302, added 1990, ch. 116, sec. 2, p. 241; am. 1993, ch. 373, sec. 2, p. 1347; am. 1996, ch. 207, sec. 1, p. 633; am. 2000, ch. 274, sec. 10, p. 810; am. 2005, ch. 280, sec. 4, p. 881; am. 2019, ch. 159, sec. 1, p. 515; am. 2022, ch. 94, sec. 2, p. 280; am. 2025, ch. 208, sec. 2, p. 935.]
Idaho Code § 39-4437 — Idaho Code / Title 39 / Chapter 44 / Section 39-4437
39-4437 SITE REVIEW PANELS — ESTABLISHMENT AND ORGANIZATION.
Status: in_force

39-4437. site review panels — establishment and organization. (1) A site review panel shall be established pursuant to this section to review each siting license application received by the department, ensure public input and involvement in the application and licensing process, and provide recommendations to the director regarding the director's final decision.

(2)(a) The panel shall consist of ten (10) members to be appointed as follows:

(i) One (1) member shall be the director or the director's authorized representative;

(ii) One (1) member shall be the director of the Idaho transportation department or the director's authorized representative;

(iii) One (1) member shall be the director of the Idaho department of water resources or the director's authorized representative;

(iv) Three (3) members shall be public members appointed by the director. Of such members, one (1) shall be a geologist or hydrologist, one (1) an engineer, and one (1) a representative of industries that generate hazardous waste;

(v) Two (2) members shall be appointed by the city council of the city located closest to or in which the hazardous waste facility is located or is proposed to be located. At least one (1) of such members shall be an actual resident of the city; and

(vi) Two (2) members shall be appointed by the board of commissioners of the county in which the facility is located or is proposed to be located. Both members shall be actual residents of the county.

(b) The director or the member appointed as the director's representative shall be the chair of each panel established pursuant to this section. The chair shall be a nonvoting member of the panel except when the chair's vote is necessary to break an otherwise tied vote.

(c) Six (6) of the ten (10) members shall constitute a quorum for the purposes of conducting business and executing the panel's duties.

(d) Members of the panel who are not state employees shall be entitled to receive reimbursement as provided in section 59-509(b), Idaho Code.

(e) All meetings of the panel shall be conducted pursuant to the state open meetings law, chapter 2, title 74, Idaho Code.

(3)(a) Once the director determines an application is complete, the director shall:

(i) Appoint the three (3) public members of the panel;

(ii) Notify the director of the department of transportation and the director of the department of water resources of the application and of their obligation to serve, or appoint a representative to serve, on the panel; and

(iii) Notify the appropriate city council and board of county commissioners of the application and instruct them to appoint the necessary representatives to the panel.

(b) Within thirty (30) days of the director's notification, the required appointments shall be made and the director of the department of transportation, the director of the department of water resources, the city council, and the board of county commissioners shall notify the director of their respective selections.

History:

[39-4437, added 2026, ch. 89, sec. 13, p. 473.]
Idaho Code § 39-4111 — Idaho Code / Title 39 / Chapter 41 / Section 39-4111
39-4111 PERMITS REQUIRED.
Status: in_force

39-4111. Permits required. (1) It shall be unlawful for any person to do, or cause or permit to be done, whether acting as principal, agent or employee, any construction, improvement, extension or alteration of any building, residence or structure, coming under the purview of the division, in the state of Idaho without first procuring a permit from the division authorizing such work to be done.

(2) It shall be unlawful for any person to do, or cause or permit to be done, whether acting as principal, agent or employee, any construction, improvement, extension or alteration of any building, residence or structure in a local government jurisdiction enforcing building codes, without first procuring a permit in accordance with the applicable ordinance or ordinances of the local government.

(3) Subject to building code requirements governing accessibility, no permit shall require that any improvement, extension or alteration of any building, residence or structure include an upgrade to comply with building code requirements in unaffected existing parts of the building, residence or structure where the existing parts complied with the applicable building code in effect when such parts were constructed. This limitation shall not apply where the division or enforcing jurisdiction identifies a specific substantial safety hazard that would be created in the existing building, residence or structure by reason of the new improvement, extension or alteration, provided that any additional permitting requirement shall be limited to correcting the specific substantial safety hazard. The burden shall be upon the division or enforcing jurisdiction to prove the existence of such specific substantial safety hazard. The permit shall identify the specific hazard and the basis for determining that it is a substantial hazard.

History:

[39-4111, added 1975, ch. 180, sec. 2, p. 486; am. 1978, ch. 160, sec. 1, p. 348; am. 1983, ch. 153, sec. 8, p. 414; am. 1988, ch. 264, sec. 16, p. 532; am. 1995, ch. 267, sec. 12, p. 863; am. 2002, ch. 345, sec. 15, p. 971; am. 2011, ch. 228, sec. 1, p. 622.]
Idaho Code § 39-8906 — Idaho Code / Title 39 / Chapter 89 / Section 39-8906
39-8906 PENALTIES.
Status: in_force

39-8906. Penalties. (1) A manufacturer, wholesale dealer, agent or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of section 39-8903, Idaho Code, shall be subject to a civil penalty not to exceed one hundred dollars ($100) for each pack of the cigarettes sold or offered for sale; provided however, that in no case shall the penalty against that person or entity exceed one hundred thousand dollars ($100,000) during any thirty (30) day period.

(2) A retail dealer who knowingly sells or offers to sell cigarettes in violation of section 39-8903, Idaho Code, shall be subject to a civil penalty not to exceed one hundred dollars ($100) for each pack of the cigarettes sold or offered for sale; provided however, that in no case shall the penalty against that retail dealer exceed twenty-five thousand dollars ($25,000) during any thirty (30) day period.

(3) In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to section 39-8904, Idaho Code, shall be subject to a civil penalty of at least seventy-five thousand dollars ($75,000) and not to exceed two hundred fifty thousand dollars ($250,000) for each false certification.

(4) Any person violating any other provision in this chapter shall be subject to a civil penalty for a first offense not to exceed one thousand dollars ($1,000), and for a subsequent offense subject to a civil penalty not to exceed five thousand dollars ($5,000) for each violation.

(5) Any cigarettes that have been sold or offered for sale that do not comply with the performance standard required by section 39-8903, Idaho Code, shall be subject to forfeiture. Cigarettes forfeited pursuant to this subsection shall be destroyed; provided however, that prior to the destruction of any cigarettes forfeited pursuant to these provisions, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarettes.

(6) In addition to any other remedy provided by law, the state fire marshal or attorney general may file an action in district court for a violation of this chapter, including petitioning for injunctive relief or to recover any costs or damages suffered by the state because of a violation of this chapter, including enforcement costs relating to the specific violation and attorney's fees. Each violation of this chapter or of rules adopted under this chapter constitutes a separate civil violation for which the state fire marshal or attorney general may obtain relief.

(7) Whenever any law enforcement personnel or duly authorized representative of the state fire marshal shall discover any cigarettes that have not been marked in the manner required in section 39-8905, Idaho Code, the personnel is hereby authorized and empowered to seize and take possession of the cigarettes. The cigarettes shall be turned over to the state tax commission, and shall be forfeited to the state. Cigarettes seized pursuant to this subsection shall be destroyed; provided however, that prior to the destruction of any cigarettes seized pursuant to these provisions, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarettes.

History:

[39-8906, added 2008, ch. 278, sec. 1, p. 797.]
Idaho Code § 39-3526 — Idaho Code / Title 39 / Chapter 35 / Section 39-3526
39-3526 STATUTES AND RULES PROVIDED.
Status: in_force

39-3526. statutes and Rules provided. Prior to initial certification, the applicant shall be provided a printed copy of all applicable statutes and rules by the department without additional charge.

History:

[39-3526, added 2024, ch. 63, sec. 36, p. 326.]
Idaho Code § 39-5905 — Idaho Code / Title 39 / Chapter 59 / Section 39-5905
39-5905 SCOPE OF RURAL HEALTH CARE ACCESS AND PHYSICIAN INCENTIVE GRANT SUPPORT.
Status: in_force

39-5905. Scope of rural health care access and physician incentive grant support. The board may award grants, in accordance with the procedures and criteria in this chapter, to governmental and nonprofit entities and to physicians for qualified medical education debt repayments for the purpose of improving access to primary health care services to rural and underserved areas and for physician loan repayment.

(1) Rural health care access grant awards:

(a) Individual grant awards will be limited to a total of thirty-five thousand dollars ($35,000), direct and indirect costs, per year.

(b) Applicants may propose projects for funding for up to three (3) years.

(i) Continued funding for projects beyond the first grant year, years two (2) and three (3), shall be subject to the appropriation of funds and grantee performance.

(ii) No project may be funded for more than a total of three (3) years.

(iii) Any unused grant funds shall be returned to the rural health care access fund by the applicant no later than June 1 of the grant period.

(c) No funds awarded under a grant may be used for purchase, construction, renovation or improvement of real property or for projects which are solely or predominantly designed for the purchase of equipment. Use of funds for the purchase of equipment may be allowed when such equipment is an essential component of a program. However, the purchase of equipment may not represent more than forty percent (40%) of the total annual share of a proposal. Indirect costs shall not exceed fifteen percent (15%) of the total project.

(2) Physician incentive grant awards:

(a) A physician selected to receive a rural physician incentive grant award shall be entitled to receive qualified medical education debt repayments for a period not to exceed four (4) years in such amount as is determined annually.

(b) Award amounts shall be established annually based on recommendations of the joint health care access and physician incentive grant review board utilizing such factors as availability of funding, the number of new applicants and the hours an award recipient will devote to providing primary care medicine in an eligible area.

(c) The award shall not exceed the qualified medical education debt incurred by the recipient, and the maximum amount of educational debt repayments that a rural physician may receive shall be one hundred thousand dollars ($100,000) over such four (4) year period.

(d) All physician incentive grant awards shall be paid directly from the physician incentive fund to the physician receiving the award.

(e) In determining the awards to be made in any given year, the board shall consider the value of retaining an appropriate balance in the fund for use in future years.

(f) An award payment to a recipient in a single year is not guaranteed or assured in subsequent years and may be increased or reduced.

(g) Any unused grant funds shall be returned to the physician incentive fund by the applicant no later than June 1 of the grant period.

History:

[39-5905, added 2000, ch. 262, sec. 2, p. 736; am. 2009, ch. 119, sec. 2, p. 383; am. 2012, ch. 44, sec. 7, p. 135; am. 2015, ch. 159, sec. 1, p. 554.]
Idaho Code § 39-175F — Idaho Code / Title 39 / Chapter 1 / Section 39-175F
39-175F IPDES PROGRAM FUND ESTABLISHED.
Status: in_force

39-175F. IPDES PROGRAM FUND ESTABLISHED. (1) There is hereby created in the state treasury a fund to be known as the "IPDES Program Fund," which shall consist of all moneys received from fees collected from facilities obtaining an Idaho pollutant discharge elimination system (IPDES) permit or coverage under a general permit pursuant to section 39-175C(2), Idaho Code, and the rules promulgated pursuant thereto. Such fees shall be collected by the department and shall be paid into the IPDES program fund, which is hereby established, reserved, set aside, appropriated and made available until expended, used and administered consistent with this section.

(2) All moneys deposited in the IPDES program fund and all interest earned thereon shall be kept in the IPDES program fund and shall be expended pursuant to appropriation for the costs and expenses incurred by the department in performing the duties and the exercise of its powers in carrying out the IPDES program including, but not limited to, compliance, training, technical, legal and administrative support and proceedings necessary for implementing the program required under the IPDES program as provided in this chapter.

(3) Pending such expenditure and use, surplus moneys in the IPDES program fund established in this section shall be invested by the state treasurer in the manner provided for idle state moneys in the state treasury by section 67-1210, Idaho Code. Interest earned on all such investments shall be paid into the IPDES program fund.

History:

[39-175F, added 2018, ch. 22, sec. 6, p. 37.]
Idaho Code § 39-3701 — Idaho Code / Title 39 / Chapter 37 / Section 39-3701
39-3701 BLOOD DONATIONS BY MINORS.
Status: in_force

39-3701. Blood donations by minors. (1) Any person who is seventeen (17) years of age or older shall be eligible to donate blood in a voluntary and noncompensatory blood program without the necessity of obtaining parental permission or authorization.

(2) A person who is sixteen (16) years of age but not seventeen (17) years of age may donate blood in a voluntary and noncompensatory blood program if the parent, guardian or custodian of the child has given informed consent to the blood donation. After informed consent has been given, the parent, guardian or custodian of a child may revoke such consent at any time by clearly communicating such revocation to staff of the blood donation program. When consent has been revoked, the blood donation facility shall promptly discontinue any further steps for blood donation. The blood donation program may require the parent, guardian or custodian to sign a written revocation of consent regarding the donation of blood.

History:

[39-3701, added 1970, ch. 27, sec. 1, p. 53; am. 1978, ch. 13, sec. 1, p. 25; am. 2011, ch. 126, sec. 1, p. 353.]
Idaho Code § 39-7606 — Idaho Code / Title 39 / Chapter 76 / Section 39-7606
39-7606 PUBLIC WATER SYSTEM SUPERVISION FUND.
Status: in_force

39-7606. Public water system supervision fund. (1) There is hereby created in the state treasury the public water system supervision fund. Moneys in the fund shall consist of fees assessed pursuant to rules of the department on regulated public drinking water systems, federal funds which are received by the state to provide for the public water system supervision program, donations, state appropriations and any other moneys from whatever source.

(2) Idle or surplus moneys in the public water system supervision fund established by this section shall be invested by the state treasurer in the manner for idle state moneys in the state treasury as provided for in section 67-1210, Idaho Code. Interest received on all such investments shall be paid into the fund. Moneys in the fund may be expended pursuant to appropriation.

History:

[39-7606, added 2000, ch. 165, sec. 1, p. 416.]
Idaho Code § 39-2604 — Idaho Code / Title 39 / Chapter 26 / Section 39-2604
39-2604 PERMIT REQUIRED FOR RETAIL SALES.
Status: in_force

39-2604. Permit required for retail sales. (1) The local authority having jurisdiction may require a permit for the retail sale of nonaerial common fireworks.

(2) If a permit is required the applications shall be on a form approved by the authority having jurisdiction and shall include the name and address of the applicant (or the names of all partners, if a partnership, the name of the corporation and the corporate officers if a corporation, or the name of the limited liability company and all of its members, if a limited liability company) the primary location of the business, each location at which fireworks are to be stored and the applicant's Idaho sales tax seller's permit number, if applicable.

(3) A bond or valid certificate of public liability and property-casualty insurance providing coverage of up to one hundred thousand dollars ($100,000) for personal injury and property damage may be required at the time of application.

(4) The authority having jurisdiction may assess a fee for issuing a permit under this section which shall not exceed twenty-five dollars ($25.00).

(5) The permit shall be issued if the application is complete and in compliance with applicable law, shall be valid for twelve (12) months from the date of issuance and shall be nontransferable.

(6) The permit required under this section may be revoked if the permittee violates any provisions of this chapter. A permit revocation proceeding shall comply with the provisions of chapter 52, title 67, Idaho Code.

(7) The permit shall be displayed in public view at the location listed on the permit.

History:

[39-2604, added 1997, ch. 246, sec. 2, p. 711.]
Idaho Code § 39-5009 — Idaho Code / Title 39 / Chapter 50 / Section 39-5009
39-5009 DISPLACED HOMEMAKER ACCOUNT — FEES ON FILING OF DIVORCE ACTION.
Status: in_force

39-5009. Displaced homemaker account — Fees on filing of divorce action. (1) There is hereby created in the state operating fund the displaced homemaker account. All fees collected pursuant to subsection (2) of this section shall be deposited in the account. All moneys in the account shall be available for appropriation to the state board for career technical education for the purposes of this chapter.

(2) In addition to any other fees imposed for filing an action for divorce in the district court, there shall be collected a fee of twenty dollars ($20.00) for each divorce action. The clerk of the district court shall remit such fees, separately identified, to the state treasurer for deposit in the displaced homemaker account. Fees shall be remitted to the state treasurer at the same time as other court fees are remitted.

History:

[39-5009, added 1982, ch. 187, sec. 1, p. 505; am. 1999, ch. 329, sec. 24, p. 864; am. 2016, ch. 25, sec. 38, p. 56.]
Idaho Code § 39-8619 — Idaho Code / Title 39 / Chapter 86 / Section 39-8619
39-8619 VIOLATIONS — MISDEMEANORS.
Status: in_force

39-8619. Violations — Misdemeanors. (1) Any person who willfully violates any provision of this chapter or the duly promulgated rules hereunder is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than three hundred dollars ($300) or by imprisonment for not more than six (6) months or by both such fine and imprisonment.

(2) A separate violation is deemed to have occurred with respect to each conveyance not in compliance with this chapter. Each day such violation continues constitutes a separate offense.

History:

[39-8619, added 2004, ch. 359, sec. 1, p. 1073.]
Idaho Code § 39-2814 — Idaho Code / Title 39 / Chapter 28 / Section 39-2814
39-2814 SEVERABILITY.
Status: in_force

39-2814. Severability. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.

History:

[39-2814, added 2007, ch. 188, sec. 12, p. 553.]
Idaho Code § 39-4107 — Idaho Code / Title 39 / Chapter 41 / Section 39-4107
39-4107 POWERS AND DUTIES.
Status: in_force

39-4107. Powers and duties. (1) The board shall continually study the operation of adopted codes, standards and rules relating to the construction of buildings or facilities under the jurisdiction of the division to ascertain their effect upon the public safety and shall support an ongoing effort to promote the uniform adoption, application and interpretation of safety, accessibility and building codes statewide. The board shall have the authority to adopt and enforce the codes specified in section 39-4109, Idaho Code, or later editions of such codes, and to promulgate rules in accordance with chapter 52, title 67, Idaho Code, to implement the provisions of this chapter.

(2) The board shall function as a board of appeals for the division as prescribed in the adopted building code. The board shall have no authority to waive any requirements of the codes enumerated in this chapter or in rules promulgated pursuant to this chapter. Provided further:

(a) The decisions of the board shall be final, and the board shall render all decisions and findings in writing to the appellant and the administrator within ten (10) working days of the conclusion of a hearing; and

(b) For each appeal brought before the board, the chairman shall appoint not less than three (3) members of the board to hear the appeal and render a decision and finding in the name of the board.

(3) The board shall utilize experts, consultants, and technical advisors for assistance and recommendations relative to codes, standards, and appeals.

(4) The administrator may make building code inspections for another state or local jurisdiction upon request by an appropriate building official. Such inspections shall be made in accordance with the applicable building codes of the requesting jurisdiction. Fees charged for such inspection services shall be as provided in rules promulgated by the board pursuant to chapter 52, title 67, Idaho Code.

(5) Notwithstanding the exemptions provided in subsection (4)(b) of section 39-4103, Idaho Code, the administrator may make inspections of modular buildings constructed in Idaho upon written request from the manufacturer.

(a) Such inspections shall be made in accordance with the codes adopted in this chapter.

(b) Inspection fees shall be as provided in section 39-4303, Idaho Code.

(c) The administrator of the division of occupational and professional licenses may issue an insignia of approval if the buildings are in compliance with the requirements set forth in chapter 43, title 39, Idaho Code.

History:

[39-4107, added 1975, ch. 180, sec. 2, p. 486; am. 1983, ch. 153, sec. 4, p. 411; am. 2000, ch. 465, sec. 3, p. 1441; am. 2002, ch. 345, sec. 9, p. 969; am. 2004, ch. 250, sec. 3, p. 718; am. 2007, ch. 252, sec. 3, p. 739; am. 2023, ch. 15, sec. 11, p. 80.]
Idaho Code § 39-1450D — Idaho Code / Title 39 / Chapter 14 / Section 39-1450D
39-1450D TRUST AGREEMENT TO SECURE BONDS.
Status: in_force

39-1450D. Trust agreement to secure bonds. In the discretion of the authority any bonds issued under this act may be secured by a trust agreement by and between the authority and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the state of Idaho. Such trust agreement or the resolution providing for the issuance of such bonds may pledge or assign the revenues to be received or proceeds of any contract or contracts pledged and may convey or mortgage the project or any portion thereof. Such trust agreement or resolution providing for the issuance of such bonds may contain such 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 particularly such provisions as have been specifically authorized to be included in any resolution or resolutions of the authority authorizing bonds thereof. Any bank or trust company incorporated under the laws of this state, which may act as depository of the proceeds of bonds or of revenues or other moneys, may furnish such indemnifying bonds or pledge such securities as may be required by the authority. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee or trustees, and may restrict the individual right of action by bondholders. In addition, any such trust agreement or resolution may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust agreement or resolution may be treated as a part of the cost of the operation of a facility.

History:

[I.C., sec. 39-1450D, as added by 1973, ch. 178, sec. 9, p. 393; am. 1976, ch. 183, sec. 5, p. 664; am. 2000, ch. 125, sec. 2, p. 298.]
Idaho Code § 39-6113 — Idaho Code / Title 39 / Chapter 61 / Section 39-6113
39-6113 APPLICATION FEE.
Status: in_force

39-6113. Application fee. At the time the application is submitted to the department, an administrative fee must be paid to the department by the applicant. The fee amount will be determined by the director of the department, will not be less than one thousand dollars ($1,000) for a J-1 visa waiver request, and three hundred fifty dollars ($350) for a national interest waiver request, and may be revised at the beginning of the state fiscal year by the director based on costs to administer the program. The fee is nonrefundable.

History:

[39-6113, added 2004, ch. 128, sec. 1, p. 444; am. 2009, ch. 106, sec. 15, p. 334.]
Idaho Code § 39-3601 — Idaho Code / Title 39 / Chapter 36 / Section 39-3601
39-3601 DECLARATION OF POLICY AND STATEMENT OF LEGISLATIVE INTENT.
Status: in_force

39-3601. Declaration of policy and statement of legislative intent. The legislature, recognizing that surface water is one of the state's most valuable natural resources, has approved the adoption of water quality standards and authorized the director of the department of environmental quality in accordance with the provisions of this chapter, to implement these standards. In order to maintain and achieve existing and designated beneficial uses and to conform to the expressed intent of congress to control pollution of navigable waters of the United States, the legislature declares that it is the purpose of this chapter to enhance and preserve the quality and value of the navigable waters of the United States within the state of Idaho, and to define the responsibilities of public agencies in the control, and monitoring of water pollution, and, through implementation of this chapter, enhance the state's economic well-being. In consequence of the benefits resulting to the public health, welfare and economy, it is hereby declared to be the policy of the state of Idaho to protect this natural resource by monitoring and controlling water pollution; to support and aid technical and planning research leading to the control of water pollution, and to provide financial and technical assistance to municipalities, soil conservation districts and other agencies in the control of water pollution. The director, in cooperation with such other agencies as may be appropriate, shall administer this chapter. It is the intent of the legislature that the state of Idaho fully meet the goals and requirements of the federal clean water act and that the rules promulgated under this chapter not impose requirements beyond those of the federal clean water act.

History:

[39-3601, added 1995, ch. 352, sec. 1, p. 1166; am. 2001, ch. 103, sec. 30, p. 274; am. 2011, ch. 116, sec. 1, p. 320.]
Idaho Code § 39-1393 — Idaho Code / Title 39 / Chapter 13 / Section 39-1393
39-1393 NOTIFICATION OF PROFESSIONAL REVIEW ACTION IMPOSED UPON PHYSICIAN OR EMERGENCY MEDICAL SERVICES PERSONNEL.
Status: in_force

39-1393. Notification of professional review action imposed upon physician or emergency medical services personnel. (1) Any health care organization in this state that is by law required to conduct peer review or which voluntarily formally elects to conduct professional review actions shall notify the board of medicine of professional review actions taken against physicians licensed in Idaho required to be reported as provided in this section. Such reports shall be made to the board of medicine within fifteen (15) days of completion of the professional review action by the health care organization. For emergency medical services personnel, such reports shall be made to the Idaho military division within fifteen (15) days of completion of the professional review action by the health care organization. Such required reports shall be made on forms approved by the board of medicine for reports concerning physicians, or the Idaho military division for reports concerning emergency medical services personnel, consistent with the reporting requirements of this section. The reporting obligation shall not be stayed by the filing of any court proceeding unless otherwise ordered by the court.

(2) A health care organization in Idaho shall report to the board of medicine if it:

(a) Takes a professional review action against a physician licensed in Idaho and imposes a sanction of the type included in subsection (3) of this section which lasts longer than thirty (30) days; or

(b) Accepts a voluntary sanction by a physician licensed in Idaho of the type identified in subsection (3) of this section while the physician is under investigation or to avoid investigation by the health care organization relating to the professional competence or professional conduct of the physician or in exchange for the health care organization not conducting such an investigation or initiating a professional review action, if the sanction lasts longer than thirty (30) days.

(3) Professional review action sanctions against a physician which must be reported to the board of medicine pursuant to subsection (2) of this section, whether voluntary or involuntary, shall be:

(a) Restriction or limitation of privileges;

(b) Revocation of privileges;

(c) Suspension of privileges;

(d) Reduction of privileges;

(e) Denial of a request for initial privileges;

(f) Submission to monitoring of the physician's physical or mental condition;

(g) Submission to monitoring of the physician's delivery of medical services other than to assess and monitor the physician's qualifications for new or additional privileges;

(h) Surrender of privileges;

(i) Summary suspension or reduction of privileges lasting longer than thirty (30) days;

(j) Termination of employment;

(k) Suspension of employment lasting longer than thirty (30) days.

(4) The reporting requirements of this section shall not apply to:

(a) Actions based on compliance with medical records or confidentiality requirements of a health care organization;

(b) Voluntary requests for assistance or monitoring by a physician as part of an educational process to improve physician skills or enhance patient care when unrelated to a professional review action concerning the quality or necessity of patient medical care;

(c) Voluntary or involuntary revocation, nonrenewal, denial, reduction, restriction, resignation, or limitation of privileges or employment of a physician based upon factors not directly impacting the quality of patient care or safety of practice of the physician;

(d) Adverse actions taken against a physician by a health care organization that is not required by law to conduct peer review and that has not voluntarily formally elected to conduct professional review actions; and

(e) The denial of a physician's request for additional privileges or credentials with a health care organization.

(5) The report to the board of medicine required by this section shall include a statement of the quality of care concerns or professional conduct that is the basis of the professional review action or investigation and the reportable professional review action sanction voluntarily accepted or involuntarily imposed.

(6) A health care organization required to report a professional review action concerning a physician to the board of medicine pursuant to this section shall, if requested by the board of medicine, provide to the board the following:

(a) A statement of the specific quality of care concerns or professional conduct which resulted in the professional review action sanction;

(b) A statement of the specific professional review action sanction; and

(c) Any patient care records of the health care organization regarding the care provided by the reported physician. However, the board of medicine may not request or require production of any peer review records from any person or health care organization, including the identification of which particular patient care records were selected for, or reviewed, examined or discussed in any peer review activity of a health care organization, or the method used by the health care organization to select such patient care records for peer review.

(7) The records lawfully requested by the board of medicine pursuant to subsection (6) of this section shall be provided by the health care organization without a subpoena or court order. If the health care organization fails to comply with the board of medicine's lawful request, the board may petition the district court for an order compelling compliance with the board's request, which shall be granted if disclosure is required by law.

(8) Professional review action sanctions against emergency medical services personnel, whether voluntary or involuntary, which are the result of any action, conduct, or failure to act which is inconsistent with the professionalism and/or standards established by the Idaho military division must be reported to the Idaho military division.

(9) The report to the Idaho military division required by this section shall include a statement of the quality of care concerns or professional conduct that is the basis of the professional review action or investigation and the reportable professional review action sanction voluntarily accepted or involuntarily imposed.

(10) Any person or health care organization that provides notification as required by law, or in a good faith belief that such notification is required by law, shall be immune from any civil or other liability arising from providing the notification. Such immunity shall likewise pertain to the provision of files, records and information a health care organization may in good faith provide to the board of medicine pursuant to this section or other applicable law. Such materials provided to the board of medicine shall be subject to disclosure by the board according to chapter 1, title 74, Idaho Code, and available only to the board of medicine and its staff unless and until such matter becomes the subject of formal proceedings by or before the board of medicine or authorized by it.

History:

[39-1393, added 2003, ch. 244, sec. 6, p. 632; am. 2004, ch. 134, sec. 4, p. 458; am. 2015, ch. 141, sec. 88, p. 442; am. 2025, ch. 94, sec. 24, p. 470.]
Idaho Code § 39-3513 — Idaho Code / Title 39 / Chapter 35 / Section 39-3513
39-3513 TRAINING.
Status: in_force

39-3513. Training. (1) The department shall ensure that during the initial application process to certify a certified family home the applicant receives training that includes but is not limited to recordkeeping requirements pursuant to section 39-3505, Idaho Code, and minimum standards of care consisting of at least assistance with medications, emergency intervention, emergency preparedness, and the rights of the residents.

(2) The department shall require annual continuing education for care providers relating to home safety or care, supervision, and services to the residents, as defined by rules promulgated pursuant to this chapter.

History:

[39-3513, added 2024, ch. 63, sec. 21, p. 320.]
Idaho Code § 39-1114 — Idaho Code / Title 39 / Chapter 11 / Section 39-1114
39-1114 LIMITED APPLICATIONS.
Status: in_force

39-1114. Limited applications. (1) Any person providing daycare for four (4) or more children in a family daycare home shall not be required to be licensed, but shall comply with the requirements of section 39-1105, Idaho Code, for a criminal history check.

(2) Fire inspections may be conducted by department designated health and safety inspectors where necessary. The fire inspection certificate and the criminal history check shall be available for inspection on the premises.

(3) A family daycare home providing care for fewer than seven (7) children may elect to comply with the provisions of this chapter and upon a finding of compliance by the department, shall receive a basic daycare license.

History:

[39-1114, added 1987, ch. 56, sec. 1, p. 96; am. 2009, ch. 295, sec. 14, p. 881.]
Idaho Code § 39-8901 — Idaho Code / Title 39 / Chapter 89 / Section 39-8901
39-8901 SHORT TITLE.
Status: in_force

39-8901. Short title. This act may be known and cited as the "Reduced Cigarette Ignition Propensity and Firefighter Protection Act."

History:

[39-8901, added 2008, ch. 278, sec. 1, p. 792.]
Idaho Code § 39-6714 — Idaho Code / Title 39 / Chapter 67 / Section 39-6714
39-6714 AIR QUALITY PLAN OF A REGIONAL AIR QUALITY COUNCIL.
Status: in_force

39-6714. Air quality plan of a regional air quality council. (1) A regional air quality council shall develop and accept the study within one (1) year after establishment of the council. It shall make the study available to all appropriate and interested local, state and federal agencies and to any interested persons. For a period of ninety (90) days after dissemination, any interested agency or person may submit written suggestions, comments or proposals for the plan, or recommendations to the council.

(2) The council shall thereafter prepare a final regional air quality plan which shall be completed within one hundred eighty (180) days after dissemination of the study.

(3) The council shall identify present and future air issues in the specified regional area.

(4) Once completed, the council shall provide copies of its plan to all agencies and persons who have indicated an interest in the study. The council shall thereupon provide for one (1) or more public hearings upon its plan and recommendations with notice given as provided in chapter 52, title 67, Idaho Code.

(5) After receiving the information obtained at the public hearing, the council shall make such changes and revisions as it deems necessary and within thirty (30) days after such public hearing, but in no event later than the next regular session of the Idaho legislature, the council shall submit the plan to the legislature.

(6) The legislature shall, within the next regular session during or after which it receives the plan, accept, reject or modify the plan by concurrent resolution.

(7) Thereafter, the council shall assist in the adoption and enforcement of the provisions of the plan. Before its dissolution, the council shall also assist these local, state and federal agencies to establish an ongoing, joint-agency oversight responsibility for the plan.

History:

[39-6714, added 2005, ch. 206, sec. 1, p. 621.]
Idaho Code § 39-7503 — Idaho Code / Title 39 / Chapter 75 / Section 39-7503
39-7503 SUPPLEMENTARY AGREEMENTS AND FINANCIAL ARRANGEMENTS.
Status: in_force

39-7503. Supplementary agreements and financial arrangements. The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the event that such supplementary agreement shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service of this state, said supplementary agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service. The compact administrator, subject to the approval of the board of examiners, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.

History:

[39-7503, added 1994, ch. 69, sec. 1, p. 146.]
Idaho Code § 39-7913 — Idaho Code / Title 39 / Chapter 79 / Section 39-7913
39-7913 VIOLATIONS AND ENFORCEMENT.
Status: in_force

39-7913. Violations and enforcement. (1) The following acts are unlawful:

(a) Failure to comply with this chapter and any rules of the department regulating swine facilities, and conditions of site approval granted pursuant to this chapter;

(b) Knowingly making a false statement, representation, or certification in any application report, document, or record developed, maintained, or submitted pursuant to this chapter, rules or conditions of a site approval.

(2) Any person violating this chapter or any site approval or order under this chapter is liable for a civil or criminal penalty in accordance with chapter 1, title 39, Idaho Code. The director may apply the provisions of chapter 1, title 39, Idaho Code, to ensure compliance.

(3) The director may revoke a site approval:

(a) For material violation of any condition of a site approval, final agency order or order or judgment of a court secured by any state or federal agency and relating to the operation of a swine facility;

(b) If an approval was obtained by misrepresentation or failure to disclose all relevant facts;

(c) If approval for adequate water rights cannot be obtained from the Idaho department of water resources;

(d) The site or facility does not meet the requirements of this chapter.

(4) A private right of action on behalf of any person who has been injured or damaged by any approval authorized in this chapter or violation of the terms of any approval or rule authorized in this chapter may be maintained in accordance with the provisions of this chapter and/or the provisions of chapter 52, title 67, Idaho Code, as applicable.

History:

[39-7913, added 2000, ch. 268, sec. 1, p. 767.]
Idaho Code § 39-7103 — Idaho Code / Title 39 / Chapter 71 / Section 39-7103
39-7103 DEFINITIONS.
Status: in_force

39-7103. Definitions. As used in this chapter:

(1) "Emergency" means a release or threat of release that, in the reasonable judgment of the local emergency response authority in consultation with the office, threatens immediate harm to the environment or the health and safety of any individual and that requires immediate action for the containment or control of a hazardous or potentially hazardous substance to prevent, minimize or mitigate harm to the public health, safety or the environment which may result if action is not taken.

(2) "Hazardous substance incident" means an emergency circumstance requiring a response by the state emergency response team or the local emergency response authority to monitor, assess and evaluate a release or threat of a release of a hazardous or potentially hazardous substance. A hazardous substance incident may require containment or confinement or both, but does not include site cleanup or remediation efforts after the incident commander has determined the emergency has ended.

(3) "Hazardous substance" means:

(a) Any "hazardous substance" within the scope of section 101(14) of the federal comprehensive environmental response, compensation and liability act (CERCLA), 42 U.S.C. 9601(14);

(b) Any hazardous substance within the scope of section 104 of the federal hazardous materials transportation act, 49 U.S.C. 1803, and the federal department of transportation regulations promulgated pursuant thereto;

(c) Any extremely hazardous substance within the scope of section 302 of the federal emergency planning and community right-to-know act, 42 U.S.C. 11002; and

(d) Any explosive or weapon of mass destruction utilized or threatened to be utilized in an act of terrorism, crime or other threat to public safety.

(4) "Incident commander" is the person in charge of all responders to a hazardous substance incident and who is identified in the Idaho hazardous materials emergency incident command and response plan or the private emergency response plan.

(5) "Local emergency response authority" means those persons designated under section 39-7105, Idaho Code, by the city, county, or the military division to be first responders to hazardous substance incidents.

(6) "Military division" means the military division of the office of the governor.

(7) "Office" means the Idaho office of emergency management within the military division.

(8) "Person" means any individual, public or private corporation, partnership, joint venture, association, firm, trust, estate, the United States or any department, institution, or agency thereof, the state or any department, institution, or agency thereof, any municipal corporation, county, city, or other political subdivision of the state, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

(9) "Potentially hazardous substance" means any substance which in the reasonable judgment of the local emergency response authority in consultation with the office is likely a hazardous substance.

(10) "Private emergency response plan" means a plan designed to respond to emergency releases of hazardous or potentially hazardous substances at a specific facility or under a specific set of conditions.

(11) "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, escaping, dumping or disposing of a hazardous or potentially hazardous substance, or the threat of the same, into the environment. "Release" does not include any discharge of a hazardous substance into the environment which is authorized by limits and conditions in a federal or state permit relating to the protection of public health or the environment so long as the permitted activity from which the release occurs is in compliance with applicable limits and conditions of the permit.

(12) "State emergency response team" means one (1) of the state emergency response teams authorized by the military division to respond to hazardous substance incidents.

(13) "Threat of release" means the release of a hazardous or potentially hazardous substance is likely.

History:

[39-7103, added 1991, ch. 242, sec. 1, p. 584; am. 1997, ch. 121, sec. 1, p. 357; am. 2004, ch. 58, sec. 1, p. 268; am. 2009, ch. 281, sec. 2, p. 845; am. 2016, ch. 118, sec. 3, p. 331.]
Idaho Code § 39-4115 — Idaho Code / Title 39 / Chapter 41 / Section 39-4115
39-4115 PERSONNEL.
Status: in_force

39-4115. Personnel. The division shall designate a nonclassified employee to serve as the executive director of the board and such other personnel as necessary to effect enforcement of the codes herein enumerated or otherwise prescribed by rules promulgated by the board pursuant to this chapter.

History:

[39-4115, added 1975, ch. 180, sec. 2, p. 486; am. 2002, ch. 345, sec. 19, p. 973; am. 2012, ch. 28, sec. 1, p. 85.]
Idaho Code § 39-408 — Idaho Code / Title 39 / Chapter 4 / Section 39-408
39-408 ESTABLISHMENT OF DISTRICTS.
Status: in_force

39-408. Establishment of districts. There is hereby established within the state of Idaho seven (7) public health districts more particularly defined as follows:

District No. 1 shall include the counties of Boundary, Bonner, Kootenai, Benewah and Shoshone;

District No. 2 shall include the counties of Latah, Clearwater, Nez Perce, Lewis and Idaho;

District No. 3 shall include the counties of Adams, Washington, Payette, Gem, Canyon and Owyhee;

District No. 4 shall include the counties of Valley, Boise, Ada and Elmore;

District No. 5 shall include the counties of Camas, Blaine, Gooding, Lincoln, Jerome, Minidoka, Twin Falls and Cassia;

District No. 6 shall include the counties of Power, Oneida, Bannock, Franklin, Caribou, Bear Lake, Bingham and Butte;

District No. 7 shall include the counties of Lemhi, Custer, Clark, Jefferson, Bonneville, Teton, Madison and Fremont.

History:

[39-408, added 1970, ch. 90, sec. 1, p. 218.]
Idaho Code § 39-2101 — Idaho Code / Title 39 / Chapter 21 / Section 39-2101
39-2101 EXPLOSIVES TO BE MARKED.
Status: in_force

39-2101. Explosives to be marked. It shall be unlawful for any person or persons, partnership or corporation, to sell or offer for sale, or take or solicit orders of sale, or purchase, or use, or have on hand or in store for the purpose of sale or use, in any state, any high explosive, unless on each and every box or package and wrapper containing any high explosive, there shall be plainly stamped or printed the name and place of business of the person or partnership or corporation by whom or which the same was manufactured, and the exact and true date of its manufacture, and the percentage of nitroglycerin or other high explosive contained therein.

History:

[(39-2101) 1907, p. 314, sec. 1; reen. R.C. & C.L., sec. 1555; C.S., sec. 2593; I.C.A., sec. 38-1501; am. 1963, ch. 18, sec. 13, p. 154.]
Idaho Code § 39-6003 — Idaho Code / Title 39 / Chapter 60 / Section 39-6003
39-6003 CRITERIA FOR PROGRAMS.
Status: in_force

39-6003. Criteria for programs. (1) Programs contracted for with moneys received pursuant to section 63-3067A, Idaho Code, are intended to provide prevention services. "Prevention services" means any community-based educational or service program designed to prevent or alleviate child abuse or neglect. "Prevention services" shall not include direct treatment programs.

(2) Moneys appropriated by the legislature may also be used for salaries pursuant to subsection (5) of section 39-6002, Idaho Code.

(3) The children's trust fund board shall develop policies to determine whether programs will receive renewed funding. Nothing in this chapter shall be construed to require continued funding by the state of Idaho or the children's trust fund board.

(4) The children's trust fund board shall prepare a report on its activities and the effectiveness of those activities in fostering the prevention of child abuse and neglect annually, and deliver that report to the governor and legislature on January 15 of each year.

History:

[39-6003, added 1985, ch. 31, sec. 2, p. 61; am. 1990, ch. 208, sec. 2, p. 465; am. 2002, ch. 292, sec. 4, p. 842; am. 2014, ch. 52, sec. 3, p. 130.]
Idaho Code § 39-244 — Idaho Code / Title 39 / Chapter 2 / Section 39-244
39-244 DUTIES OF STATE REGISTRAR.
Status: in_force

39-244. Duties of state registrar. The state registrar, under the direction of the director, shall:

(a) Have charge of the vital statistics unit;

(b) Be official custodian of all its files and records;

(c) Perform the duties prescribed by law and the regulations of the board;

(d) Have supervisory power over local vital statistics registration and local registration officers;

(e) Enforce this chapter and regulations of the board; and

(f) Have the authority to delegate portions of the vital records responsibility to the duly appointed local registrar(s).

History:

[39-244, added 1949, ch. 72, sec. 4, p. 117; am. 1974, ch. 23, sec. 64, p. 633; am. 1983, ch. 7, sec. 5, p. 26.]
Idaho Code § 39-4001 — Idaho Code / Title 39 / Chapter 40 / Section 39-4001
39-4001 ENFORCEMENT OF LAW.
Status: in_force

39-4001. Enforcement of law. The administrator of the division of occupational and professional licenses shall enforce the provisions of this chapter. It shall be the responsibility and duty of the factory built structures advisory board to assist the administrator in the administration and enforcement of the provisions of this chapter as hereinafter provided.

History:

[39-4001, added 1971, ch. 70, sec. 2, p. 157; am. 1974, ch. 39, sec. 50, p. 1023; am. 1995, ch. 267, sec. 1, p. 857; am. 1996, ch. 421, sec. 24, p. 1422; am. 2006, ch. 79, sec. 2, p. 238; am. 2016, ch. 342, sec. 1, p. 968; am. 2023, ch. 15, sec. 6, p. 77.]
Idaho Code § 39-1336 — Idaho Code / Title 39 / Chapter 13 / Section 39-1336
39-1336 MATURING INDEBTEDNESS A CONSIDERATION IN ANNUAL LEVIES.
Status: in_force

39-1336. Maturing indebtedness a consideration in annual levies. The board in certifying annual levies as herein provided, shall take into account maturing indebtedness for the ensuing year as provided in its contracts, maturing bonds, and interest on bonds and deficiencies and defaults of prior years, and shall make ample provision for the payment thereof.

History:

[39-1336, added 1965, ch. 173, sec. 19, p. 340.]
Idaho Code § 39-4710 — Idaho Code / Title 39 / Chapter 47 / Section 39-4710
39-4710 PRESENCE OF A YELLOW DOT ON A MOTOR VEHICLE SHALL NOT PROVIDE PROBABLE CAUSE.
Status: in_force

39-4710. PRESENCE OF A YELLOW DOT ON A MOTOR VEHICLE SHALL NOT PROVIDE PROBABLE CAUSE. Nothing in this chapter shall provide a peace officer with probable cause or other legal authority to stop a motor vehicle. Except for the limited authority provided in section 39-4708, Idaho Code, nothing in this chapter shall provide a peace officer with probable cause or other legal authority to search a motor vehicle or its occupants.

History:

[39-4710, added 2020, ch. 283, sec. 1, p. 826.]
Idaho Code § 39-3506 — Idaho Code / Title 39 / Chapter 35 / Section 39-3506
39-3506 STATE CERTIFICATION TO SUPERSEDE LOCAL REGULATION.
Status: in_force

39-3506. State certification to supersede local regulation. The provisions of this chapter, and the rules promulgated pursuant to this chapter, shall supersede any program of any political subdivision of the state which licenses or sets standards for individuals to whom the provisions of this chapter apply as described in section 39-3512, Idaho Code.

History:

[39-3506, added 1993, ch. 374, sec. 1, p. 1357; am. 2000, ch. 274, sec. 68, p. 837; am. 2005, ch. 280, sec. 36, p. 902; am. 2024, ch. 63, sec. 10, p. 318.]
Idaho Code § 39-3027 — Idaho Code / Title 39 / Chapter 30 / Section 39-3027
39-3027 LAW PROHIBITING USE OF NUCLEAR ENERGY FOR GENERATION OF ELECTRICITY PROHIBITED UNLESS SUBMITTED TO ELECTORATE.
Status: in_force

39-3027. Law prohibiting use of nuclear energy for generation of electricity prohibited unless submitted to electorate. No law shall be enacted by the State of Idaho to prohibit the use of nuclear energy for the generation of electricity, unless the proposed measure shall have first been submitted to the electorate at the next earliest general election. The results of such submission of the question to the electorate shall be advisory in nature, and shall not prevent the legislature from acting in any manner on the measure.

History:

[39-3027, added 1982, Init. Measure 3.]
Idaho Code § 39-7404 — Idaho Code / Title 39 / Chapter 74 / Section 39-7404
39-7404 CONSISTENCY WITH FEDERAL LAW — STATUS OF APPENDICES.
Status: in_force

39-7404. Consistency with federal law — Status of appendices. (1) The legislature intends that the state of Idaho enact and carry out a solid waste program that will enable the state to achieve approved state status with respect to solid waste disposal facility regulation from the federal government.

(2) The legislature finds that subtitle D of RCRA, and in particular the code of federal regulations, title 40, part 257 and 258, establish complex, detailed, and costly provisions for the disposal of solid waste. By the provisions of this chapter, the legislature desires to avoid duplicative or conflicting state and federal regulatory systems and allow local MSWLF unit owners the maximum flexibility possible under federal regulations, to meet the substantive goals of protection of human health and the environment with consideration for actual site and climatic conditions. At any time that applicable federal law or regulations are amended, any additional flexibility or extension otherwise prohibited by this chapter shall be allowed as applicable.

(3) The board may not promulgate any rule pursuant to this chapter that would impose conditions or requirements more stringent or broader in scope than the referenced RCRA regulations of the United States environmental protection agency or the provisions of this chapter. Until regulations are adopted, agency conclusions in appendix B through appendix H, inclusive, 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, shall be used for technical guidance for relevant provisions of this chapter.

History:

[39-7404, added 1992, ch. 331, sec. 1, p. 979; am. 1993, ch. 139, sec. 5, p. 350; am. 1994, ch. 75, sec. 4, p. 166; am. 2026, ch. 7, sec. 6, p. 33.]
Idaho Code § 39-3416 — Idaho Code / Title 39 / Chapter 34 / Section 39-3416
39-3416 COORDINATION OF PROCUREMENT AND USE.
Status: in_force

39-3416. Coordination of procurement and use. Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.

History:

[39-3416, added 2007, ch. 30, sec. 2, p. 71.]
Idaho Code § 39-9405 — Idaho Code / Title 39 / Chapter 94 / Section 39-9405
39-9405 NO COVERAGE OBLIGATION.
Status: in_force

39-9405. no coverage obligation. (1) This chapter does not expand the coverage required of an insurer under the laws of this state.

(2) A health plan, third-party administrator or government agency may, but is not required to, provide coverage for the cost of an investigational drug, biological product or device or the cost of services related to the use of an investigational drug, biological product or device.

(3) This chapter does not require any health plan, third-party administrator or government agency to pay costs associated with the use of an investigational drug, biological product or device.

(4) This chapter does not require a hospital or facility licensed in this state to provide new or additional services unless such services are approved by the hospital or facility.

History:

[(39-9405) 39-9305, added 2016, ch. 168, sec. 1, p. 468; am. and redesig. 2017, ch. 58, sec. 19, p. 115.]
Idaho Code § 39-4606 — Idaho Code / Title 39 / Chapter 46 / Section 39-4606
39-4606 ELIGIBILITY FOR SERVICES.
Status: in_force

39-4606. Eligibility for services. Any person suspected of a developmental disability shall be eligible for initial intake and for diagnostic services through any comprehensive developmental disability center, without reference to any other eligibility criteria.

History:

[39-4606, added 1978, ch. 270, sec. 1, p. 626.]
Idaho Code § 39-2813 — Idaho Code / Title 39 / Chapter 28 / Section 39-2813
39-2813 OPERATION OF ABATEMENT DISTRICTS BY COUNTY.
Status: in_force

39-2813. Operation of abatement districts by county. Any district board of trustees may seek operation of the district by the board of county commissioners by adoption of a resolution by a majority vote of its members and by a majority vote of the board of county commissioners. The board of county commissioners may provide by ordinance that the abatement district board of trustees shall function as an advisory board to the board of county commissioners. If such an ordinance is adopted, the board of county commissioners shall retain and may exercise the powers, duties and responsibilities otherwise charged to the abatement district board of trustees by the provisions of this chapter. Any such ordinance shall set forth the powers, duties, responsibilities, compensation, and terms of office of the abatement advisory board and may provide for any such other rules under which the abatement advisory board shall advise the board of county commissioners and conduct its operations. Any such ordinance may be repealed at any time and, if repealed, the provisions of this chapter shall apply as if no such ordinance had been adopted.

History:

[39-2813, added 2007, ch. 188, sec. 11, p. 553.]
Idaho Code § 39-2507 — Idaho Code / Title 39 / Chapter 25 / Section 39-2507
39-2507 RURAL NURSING LOAN REPAYMENT GRANT APPLICATIONS REQUIRED.
Status: in_force

39-2507. RURAL NURSING LOAN REPAYMENT GRANT APPLICATIONS REQUIRED. [EFFECTIVE UNTIL JUNE 30, 2029] (1) A completed grant application must be submitted by the applicant to the department for the purpose of requesting a grant on or before the conclusion of the application period specified for the appropriate grant cycle. All applications must include the required information.

(2) The grant application and any attachments submitted by the applicant shall be the primary source of information for awarding a grant. Additionally, the board may request or use other information known to it in making its decision.

(3) All grant applications shall:

(a) Be on a form prescribed by the department; and

(b) Include a letter of support from an eligible employer along with supporting documentation.

History:

[39-2507, added 2023, ch. 60, sec. 1, p. 220.]
Idaho Code § 39-7110 — Idaho Code / Title 39 / Chapter 71 / Section 39-7110
39-7110 DEFICIENCY WARRANTS FOR REIMBURSEMENT OF RESPONSE COSTS.
Status: in_force

39-7110. Deficiency warrants for reimbursement of response costs. (1) The military division shall review all claims for reimbursement and make recommendations as to payment or nonpayment of the claims to the board of examiners within one hundred twenty (120) days after termination of the hazardous substance incident. The board of examiners may authorize the issuance of deficiency warrants for the purpose of reimbursing reasonable and documented costs associated with emergency response actions taken pursuant to this chapter. The costs associated with routine firefighting procedures shall not be reimbursable costs under this chapter.

(2) Deficiency warrants authorized by the board of examiners shall not exceed the sum of one hundred thousand dollars ($100,000) for reimbursement of all claims made as a result of a single hazardous substance incident. In the event all claims for reimbursement for a single hazardous substance incident exceed the sum of one hundred thousand dollars ($100,000), the board of examiners shall determine an appropriate and equitable basis of payment of reimbursements.

(3) Upon authorization of deficiency warrants by the board of examiners in accordance with the provisions of this section, the state controller shall draw deficiency warrants in the authorized amounts against the general fund.

(4) Nothing contained in this section shall be construed to change or impair any right of recovery or subrogation arising under any other provisions of law.

History:

[39-7110, added 1991, ch. 242, sec. 1, p. 589; am. 1994, ch. 180, sec. 75, p. 476; am. 1997, ch. 121, sec. 7, p. 363; am. 2003, ch. 32, sec. 21, p. 129.]
Idaho Code § 39-9206 — Idaho Code / Title 39 / Chapter 92 / Section 39-9206
39-9206 AGREEMENTS NOT CLASSIFIED AS INSURANCE.
Status: in_force

39-9206. AGREEMENTS NOT CLASSIFIED AS INSURANCE. Direct primary care agreements are not subject to regulation as insurance under title 41, Idaho Code.

History:

[39-9206, added 2015, ch. 291, sec. 1, p. 1165.]
Idaho Code § 39-8909 — Idaho Code / Title 39 / Chapter 89 / Section 39-8909
39-8909 REDUCED CIGARETTE IGNITION PROPENSITY AND FIREFIGHTER PROTECTION ACT FUND.
Status: in_force

39-8909. Reduced cigarette ignition propensity and firefighter protection act fund. All moneys collected as civil penalties under section 39-8906, Idaho Code, shall be deposited in the state treasury to the credit of a special account in the state operating fund hereby created to be known as the "Reduced Cigarette Ignition Propensity and Firefighter Protection Act Fund." The moneys shall be deposited to the credit of the fund and shall, in addition to any other moneys made available for that purpose, be made available to the state fire marshal to support fire safety and prevention programs.

History:

[39-8909, added 2008, ch. 278, sec. 1, p. 798.]
Idaho Code § 39-1118 — Idaho Code / Title 39 / Chapter 11 / Section 39-1118
39-1118 IMMUNIZATION.
Status: in_force

39-1118. Immunization.

(1)(a) Within fourteen (14) days of a child's initial attendance at any licensed daycare facility, the parent or guardian shall provide an immunization record to the operator of the daycare facility regarding the child's immunity to certain childhood diseases. This record, signed by a physician or his representative or another licensed health care professional, shall verify that the child has received or is in the process of receiving immunizations as specified by this section; or can effectively demonstrate, through verification in a form approved by the department, immunity gained through prior contraction of the disease. Documentation shall be retained by the licensed daycare facility for each child as long as the child attends the daycare facility, plus one (1) year after last attendance.

(b) The age appropriate immunizations required pursuant to this paragraph shall conform to recognized standard medical practices in the state:

(i) Diphtheria, Tetanus and A-Cellular Pertussis (DTaP) vaccine;

(ii) Polio vaccine;

(iii) Measles, Mumps, and Rubella (MMR) vaccine;

(iv) Haemophilus Influenza Type B (HIB) vaccine;

(v) Hepatitis B vaccine;

(vi) Varicella vaccine;

(vii) Pneumococcal vaccine;

(viii) Rotavirus vaccine; and

(ix) Hepatitis A vaccine.

(2) Any minor child whose parent or guardian has submitted to officials of a licensed daycare facility a certificate signed by a physician licensed by the state board of medicine stating that the physical condition of the child is such that all or any of the immunizations would endanger the life or health of the child shall be exempt from the provisions of this section. Any minor child whose parent or guardian has submitted a signed statement to officials of the daycare facility stating their objections on religious or other grounds shall be exempt from the provisions of this section.

(3) Licensed daycare facilities shall describe the exemptions provided in subsection (2) of this section and shall provide a citation to this code section in any communication to parents or guardians regarding immunization.

(4) A child not meeting the conditions of this section shall be excluded by the licensed daycare facility operator until the child is in compliance. A child exempt from the provisions of this section pursuant to subsection (2) of this section may be excluded by the department in the event of a disease outbreak.

(5)(a) The department may randomly select and visit licensed daycare facilities to evaluate compliance with this section. The department shall inform licensed daycare facilities at least thirty (30) days in advance of such visits.

(b) The department shall record violations in writing and provide a copy to the licensed daycare operator. Licensed daycare operators shall have thirty (30) days following an inspection to state that the specified violations have been corrected. Failure to respond shall result in notification to the licensed daycare operator's licensing authority.

History:

[39-1118, added 1990, ch. 150, sec. 1, p. 334; am. 2009, ch. 295, sec. 18, p. 882; am. 2011, ch. 103, sec. 1, p. 266; am. 2023, ch. 72, sec. 1, p. 240; am. 2025, ch. 174, sec. 1, p. 819.]
Idaho Code § 39-3421 — Idaho Code / Title 39 / Chapter 34 / Section 39-3421
39-3421 DONOR REGISTRY.
Status: in_force

39-3421. Donor registry. (1) The Idaho transportation department shall cooperate with a person that administers any donor registry that this state establishes, contracts for, or recognizes for the purpose of transferring to the donor registry all relevant information regarding a donor's making, amendment to, or revocation of an anatomical gift.

(2) A donor registry must:

(a) Allow a donor or other person authorized under section 39-3404, Idaho Code, to include on the donor registry a statement or symbol that the donor has made, amended or revoked an anatomical gift;

(b) Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift; and

(c) Be accessible for purposes of paragraphs (a) and (b) of this subsection seven (7) days a week on a twenty-four (24) hour basis.

(3) Personally identifiable information on a donor registry about a donor or prospective donor shall not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift.

(4) This section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the state. Any such registry must comply with subsections (2) and (3) of this section.

History:

[39-3421, added 2007, ch. 30, sec. 2, p. 72.]
Idaho Code § 39-2605 — Idaho Code / Title 39 / Chapter 26 / Section 39-2605
39-2605 PERMIT REQUIRED FOR PUBLIC DISPLAY OR OTHER EVENT USING FIREWORKS.
Status: in_force

39-2605. Permit required for public display or other event using fireworks. (1) The authority having jurisdiction may, at its discretion, issue a permit for public display or other events in the following circumstances:

(a) After determining that the public display will be supervised by a qualified person and will not constitute an unreasonable hazard to persons or property. Appropriate national fire protection association or international fire code provisions may be used as guidance for this determination.

(b) After determining that sales and use of fireworks outside the normal sales period provided in section 39-2606, Idaho Code, or proposing the use of fireworks in addition to nonaerial common fireworks will not constitute an unreasonable hazard to persons or property.

(2) An application for a permit for public display or other event shall be on a form approved by, and contain the information reasonably requested by, the authority having jurisdiction.

(3) The permit shall be nontransferable, shall list the specific date or dates upon which the display or event shall occur and the types of fireworks and uses that will be allowed.

(4) A bond or valid certificate of public liability and property-casualty insurance providing coverage of up to one million dollars ($1,000,000) for personal injury and property damage may be required at the time of application for public display of special fireworks.

(5) The authority having jurisdiction may assess a fee for issuing a permit for public display under this section which shall not exceed one hundred twenty-five dollars ($125). There shall be no fee for the issuance of a permit for any event other than a public display event.

(6) Alteration of fireworks may be performed by a person in possession of a valid public display permit.

History:

[39-2605, added 1997, ch. 246, sec. 2, p. 712; am. 2002, ch. 86, sec. 4, p. 197.]
Idaho Code § 39-1806 — Idaho Code / Title 39 / Chapter 18 / Section 39-1806
39-1806 HOTELKEEPER'S LIEN.
Status: in_force

39-1806. Hotelkeeper's lien. A hotelkeeper has a lien upon and may retain all baggage and other personal property in possession of a guest for the proper charges due to the hotel from the guest for his food, board, room rent, lodging and accommodations and for any other charges incurred by the guest and for all money and credit paid for or furnished to him and for the costs of enforcing such lien including court costs and reasonable attorney's fees. The hotelkeeper shall have the right to retain and hold possession of such baggage and other personal property until the amount of such charges and money be fully paid, and to sell such baggage and other personal property for payment of such lien, charges and costs, including court costs and reasonable attorney's fees in the manner provided in section 39-1807, Idaho Code. Such baggage and other personal property shall not be subject to attachment or execution until such lien and storage charge and costs of satisfying such lien are fully satisfied.

History:

[39-1806, added 1991, ch. 296, sec. 2, p. 781.]
Idaho Code § 39-7416 — Idaho Code / Title 39 / Chapter 74 / Section 39-7416
39-7416 STANDARDS FOR CLOSURE.
Status: in_force

39-7416. Standards for closure. (1) These standards apply to all MSWLF units that receive wastes on or after October 9, 1993, except as provided by 40 CFR 258. MSWLF units that accept waste after October 9, 1991, but cease to accept waste prior to October 9, 1993, shall, at a minimum, comply with subsections (2)(a) and (3) of this section in addition to the "sanitary landfill closure guidance" criteria as adopted by the technical guidance committee on June 8, 1990.

(2) Owners or operators of MSWLF units shall install one (1) of the following final cover systems:

(a) A cover as provided in 40 CFR 258.60(a) or (b); or

(b) A cover that has a fine-grained cover material with intrinsic permeability no greater than 1 X 10-3 cm/sec and a minimum thickness of twenty-four (24) inches and:

(i) There is a capillary holding capacity greater than the projected maximum accumulated volume of water as determined by utilization of accepted water balance methodology based on local or regional twenty-five (25) year climatic records;

(ii) Annual precipitation is less than twenty-five (25) inches with net evaporative losses greater than thirty (30) inches annually;

(iii) The top six (6) inches of the cover shall be capable of sustaining shallow rooted native plant growth; and

(iv) The design demonstrates consideration of site specific factors as provided in 40 CFR 258.60(b).

(3) The final grade of slopes shall be greater than two percent (2%) unless otherwise supported by the post-closure plan and uses approved by the department, and the grade of side slopes not more than thirty-three percent (33%).

(4) Closure plan preparation, placement in operating record, notice of intent to close, time requirements for commencement and completion of closure activities, certification, recordation of an environmental covenant, and removal of an environmental covenant shall be conducted as provided in 40 CFR 258.60(c) through (j), inclusive. The recordation and removal of an environmental covenant shall comply with the uniform environmental covenants act, chapter 30, title 55, Idaho Code.

(5) After completion and certification of an MSWLF closure, the owner or operator shall record an environmental covenant, pursuant to the uniform environmental covenants act, chapter 30, title 55, Idaho Code, on the property where the MSWLF is located, and its future use may be restricted in accordance with a post-closure care plan. A copy of the environmental covenant shall be sent to the department after recording with the county clerk.

(6) The review and approval process for a closure plan shall be conducted pursuant to this chapter.

(7) The owner or operator of an MSWLF that is closing shall cause notice of closure to be published in a newspaper of general circulation in the county and in the immediate vicinity of the facility and shall post notice of closure signs at the facility's entrance. The notice shall be published and posted:

(a) Between thirty (30) and ninety (90) days before the date of last receipt of waste for a facility that has reached disposal capacity; or

(b) Between thirty (30) and ninety (90) days before the closure, if the facility has remaining capacity and there is a reasonable likelihood that the facility will receive additional waste.

History:

[(39-7416) 39-7415, added 1992, ch. 331, sec. 1, p. 989; am. 1993, ch. 139, sec. 17, p. 363; am. 1994, ch. 75, sec. 9, p. 170; am. and redesig. 2026, ch. 7, sec. 20, p. 43.]
Idaho Code § 39-3405 — Idaho Code / Title 39 / Chapter 34 / Section 39-3405
39-3405 MANNER OF MAKING ANATOMICAL GIFT BEFORE DONOR'S DEATH.
Status: in_force

39-3405. Manner of making anatomical gift before donor's death. (1) A donor may make an anatomical gift:

(a) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;

(b) In a will;

(c) During a terminal illness or injury of the donor, by any form of communication addressed to at least two (2) adults, at least one (1) of whom is a disinterested witness; or

(d) As provided in subsection (2) of this section.

(2) A donor or other person authorized to make an anatomical gift under section 39-3404, Idaho Code, may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:

(a) Be witnessed by at least two (2) adults, at least one (1) of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(b) State that it has been signed and witnessed as provided in paragraph (a) of this subsection.

(3) Revocation, suspension, expiration or cancellation of a driver's license or identification card upon which an anatomical gift is indicated does not invalidate the gift.

(4) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.

History:

[39-3405, added 2007, ch. 30, sec. 2, p. 63.]
Idaho Code § 39-8602 — Idaho Code / Title 39 / Chapter 86 / Section 39-8602
39-8602 LEGISLATIVE FINDINGS AND INTENT.
Status: in_force

39-8602. Legislative findings and intent. (1) The purpose of this chapter is to provide for safety of life and limb and to ensure that the safe design, mechanical and electrical operation, erection, installation, alteration, maintenance, inspection and repair of elevators, escalators, moving walks, platform lifts, material lifts, and dumbwaiters, and all such operation, erection, installation, alteration, maintenance, inspection and repair subject to the provisions of this chapter shall be reasonably safe to persons and property and in conformity with the provisions of this chapter. The use of unsafe and defective lifting devices imposes a substantial probability of serious and preventable injury to employees and the public exposed to unsafe conditions. The prevention of these injuries and the protection of employees and the public from unsafe conditions is in the best interest of the people of this state. Personnel performing work covered by this chapter must, by documented training or experience or both, be familiar with the operation and safety functions of the components and equipment and be licensed in accordance with this chapter. Training and experience shall include, but are not limited to, recognizing the safety hazards and performing the procedures to which they are assigned in conformance with the requirements of this chapter. This chapter establishes the minimum acceptable standards for personnel performing all inspections required in this chapter.

(2) This chapter is not intended to prevent the use of systems, methods or devices of equivalent or superior quality, strength, fire resistance, code effectiveness, durability and safety to those required by this chapter, provided that there is technical documentation to demonstrate the equivalency of the system, method or device, as prescribed in this chapter and the rules adopted under this chapter.

History:

[39-8602, added 2004, ch. 359, sec. 1, p. 1067.]
Idaho Code § 39-1606 — Idaho Code / Title 39 / Chapter 16 / Section 39-1606
39-1606 CRIMINAL AND CIVIL PROCEEDINGS.
Status: in_force

39-1606. Criminal and civil proceedings. The regulatory authority may seek to enforce the provisions of this chapter and any rule or standard adopted by the board pursuant to this chapter through a court of competent jurisdiction.

(1) Misdemeanor proceedings may be brought in accordance with sections 56-1008, 56-1010, 37-117 and 37-119, Idaho Code.

(2) Civil proceedings may be brought in accordance with sections 56-1009 and 56-1010, Idaho Code.

(3) Injunctive relief may be sought in accordance with sections 56-1009, 56-1010 and 37-116, Idaho Code.

History:

[39-1606, added 1991, ch. 142, sec. 2, p. 336; am. 1997, ch. 194, sec. 6, p. 550; am. 2003, ch. 161, sec. 1, p. 455.]
Idaho Code § 39-4430 — Idaho Code / Title 39 / Chapter 44 / Section 39-4430
39-4430 ADDITIONS AND PENALTIES.
Status: in_force

39-4430. Additions and penalties. The additions, penalties, and requirements provided by the Idaho income tax act, sections 63-3046, 63-3075, 63-3076 and 63-3077, Idaho Code, as they now exist or as they may be subsequently amended, shall apply in the same manner and to the same extent to this act as to the Idaho income tax act and shall cover such additions, penalties and requirements and shall, for this purpose, be described and be for acts, omissions, delinquencies, and requirements under this chapter.

History:

[39-4430, added 1984, ch. 205, sec. 8, p. 509.]
Idaho Code § 39-1607 — Idaho Code / Title 39 / Chapter 16 / Section 39-1607
39-1607 LICENSE AND OTHER FEES — PROHIBITION ON ADDITIONAL FEES.
Status: in_force

39-1607. License and other fees — prohibition on additional fees. (1) A fee may be charged by the department of health and welfare's regulatory authority for licensing a food establishment. The fee per food establishment per year for licenses shall be:

(a) Thirty-five dollars ($35.00) for a temporary food establishment operating for one (1) day, forty-five dollars ($45.00) for a temporary food establishment operating for two (2) or three (3) days, and seventy-two dollars ($72.00) for a temporary food establishment operating for four (4) or more days or at multiple events;

(b) Sixty-five dollars ($65.00) for intermittent food establishments and mobile food establishments without a commissary;

(c) Eighty-five dollars ($85.00) for mobile food establishments with a commissary;

(d) One hundred twenty-five dollars ($125) for all other food establishments, except for food establishments with more than two (2) licenses on one (1) premises under common ownership; and

(e) One hundred fifty dollars ($150) for food establishments with more than two (2) licenses on one (1) premises under common ownership.

(2) Effective January 1, 2020, the fee per food establishment per year for licenses shall be:

(a) Thirty-five dollars ($35.00) for a temporary food establishment operating for one (1) day, forty-five dollars ($45.00) for a temporary food establishment operating for two (2) or three (3) days, and seventy-two dollars ($72.00) for a temporary food establishment operating for four (4) or more days or at multiple events;

(b) Seventy-two dollars ($72.00) for intermittent food establishments;

(c) Seventy-two dollars ($72.00) for mobile food establishments without a commissary;

(d) Ninety-two dollars ($92.00) for mobile food establishments with a commissary;

(e) One hundred sixty dollars ($160) for all other food establishments, except for food establishments with more than two (2) licenses on one (1) premises under common ownership; and

(f) Two hundred dollars ($200) for food establishments with more than two (2) licenses on one (1) premises under common ownership.

(3) Effective January 1, 2022, the fee per food establishment per year for licenses shall be:

(a) Thirty-five dollars ($35.00) for a temporary food establishment operating for one (1) day, forty-five dollars ($45.00) for a temporary food establishment operating for two (2) or three (3) days, and eighty dollars ($80.00) for a temporary food establishment operating for four (4) or more days or at multiple events;

(b) Eighty dollars ($80.00) for intermittent food establishments;

(c) Eighty dollars ($80.00) for mobile food establishments without a commissary;

(d) One hundred dollars ($100) for mobile food establishments with a commissary;

(e) Two hundred dollars ($200) for all other food establishments, except for food establishments with more than two (2) licenses on one (1) premises under common ownership; and

(f) Two hundred fifty dollars ($250) for food establishments with more than two (2) licenses on one (1) premises under common ownership.

(4) Effective July 1, 2019, in addition to other fees assessed by this section, the designated regulatory authority may assess:

(a) A plan review and preoperational inspection fee of one hundred dollars ($100);

(b) A late fee for any fees paid past the applicable deadline;

(c) A license reinstatement fee of eighteen dollars ($18.00);

(d) A request for variance fee of fifty dollars ($50.00) per hour;

(e) A compliance conference fee of one hundred dollars ($100) per hour;

(f) Enforcement and legal fees of one hundred fifty dollars ($150) per hour; and

(g) Fees covering operational costs for inspections conducted pursuant to federal law or regulation.

(5) Fees collected for licensing a food establishment shall be used by the designated regulatory authority for funding a portion of the food safety inspection program. The designated regulatory authority may not impose fees on food establishments in addition to those provided by this section or specifically authorized by other applicable law.

(6) The regulatory authority shall review at three (3) year intervals the cost data associated with the operation of the food safety inspection program as well as actions taken to increase the efficiency of such program and provide a report on such review to the health and welfare committees of the Idaho legislature.

History:

[39-1607, added 1997, ch. 194, sec. 7, p. 551; am. 2002, ch. 140, sec. 3, p. 392; am. 2007, ch. 96, sec. 1, p. 279; am. 2009, ch. 190, sec. 2, p. 620; am. 2019, ch. 95, sec. 1, p. 342.]
Idaho Code § 39-1453A — Idaho Code / Title 39 / Chapter 14 / Section 39-1453A
39-1453A FEES.
Status: in_force

39-1453A. Fees. All expenses of the authority incurred in carrying out the provisions of this act shall be payable solely from funds provided under the authority of this act and no liability shall be incurred by the authority beyond the extent to which moneys shall have been provided under this act, except that for the purposes of meeting the necessary expenses of initial organization and operation until such date as the authority derives moneys from funds provided hereunder, the authority shall be empowered to borrow moneys as may be required for such necessary expenses of organization and operation. Such borrowed moneys shall be repaid within a reasonable time after the authority receives funds provided for under this act. When any application is made to the authority by any participating health institution for financial assistance to provide for its facilities, such application shall be accompanied by an "initial planning service fee" in an amount determined by the authority. Such initial planning service fees shall be included in the cost of the facilities to be financed and shall not be refundable by the authority whether or not any such application is approved. In addition to such initial fee, an "annual planning service fee" shall be paid to the authority by each participating health institution in an amount determined by the authority. Such annual planning service fee shall be paid on said dates or in installments as may be satisfactory to the authority. It is anticipated such fees shall be used for; (i) necessary expenses to determine the need of facilities in the area concerned and to that end the authority may utilize recognized voluntary and official health planning organizations and agencies at local, regional and state levels as well as the state statutory bodies having health planning responsibilities; (ii) necessary administrative expenses; and (iii) reserves for anticipated future expenses. In addition the authority may, for a negotiated fee, retain the services of any other public or private person, firm, partnership, association or corporation for the furnishing of services and data for use by the authority in determining the need and location of any such facilities for which application is being made or for such other services or surveys as the authority deems necessary to carry out the purposes of this act.

History:

[39-1453A, added 1976, ch. 183, sec. 7, p. 666.]
Idaho Code § 39-1337 — Idaho Code / Title 39 / Chapter 13 / Section 39-1337
39-1337 TAX RATE — CERTIFICATION — LEVY AND COLLECTION.
Status: in_force

39-1337. Tax rate — Certification — Levy and collection. The board shall, on or before the first day of September of each year, certify to the board of commissioners the rate so fixed with corrections that at the time and in the manner required by law for levying taxes for county purposes such board of county commissioners shall levy such taxes upon the assessed valuation of all taxable property within the district, in addition to such other taxes as may be levied by such board of county commissioners at the rate so fixed and determined. It shall be the duty of the body having authority to levy taxes within each county to levy the taxes provided in this act, and it shall be the duty of all officials charged with the duty of collecting taxes to collect such taxes at the time and in the manner and form and with like interest and penalties as other taxes are collected, and when collected, to pay the same to the district ordering its levy and collection, and the payment of such collection shall be made monthly to the treasurer of the district and paid into the depository thereof, to the credit of the district.

History:

[39-1337, added 1965, ch. 173, sec. 20, p. 340; am. 1971, ch. 13, sec. 3, p. 24.]
Idaho Code § 39-9402 — Idaho Code / Title 39 / Chapter 94 / Section 39-9402
39-9402 LEGISLATIVE INTENT.
Status: in_force

39-9402. legislative intent. It is the intent of the legislature to provide the opportunity for terminally ill patients to have access to certain investigational treatments without requiring another party, including a physician, manufacturer, insurer or government agency, to offer, provide or pay for such treatments. By enacting this chapter, the legislature intends only to permit these treatments to terminally ill patients in Idaho. It is not the intent of the legislature to create an obligation but to ensure that all persons or parties availing themselves of this chapter do so voluntarily. Due to the experimental nature of these treatments, it is further the intent of the legislature to protect physicians and other parties from civil, criminal or professional liability relating to the treatments.

History:

[(39-9402) 39-9302, added 2016, ch. 168, sec. 1, p. 466; am. and redesig. 2017, ch. 58, sec. 19, p. 114.]
Idaho Code § 39-1350 — Idaho Code / Title 39 / Chapter 13 / Section 39-1350
39-1350 NOTICE WARRANTS WILL BE PAID ON PRESENTATION.
Status: in_force

39-1350. Notice warrants will be paid on presentation. Whenever there is an amount to the credit of the district fund, as shown by the books of the treasurer, sufficient to pay the warrant or warrants next entitled to payment therefrom, the treasurer shall immediately place in his office, as provided in the preceding section, a notice that such warrant or warrants will be paid on presentation, stating therein the number and series of any such warrants; and the treasurer shall thereupon send, by mail, to the record holder of such warrant, in case such holder shall have left with the treasurer his address for that purpose, notice that such warrant will be paid on presentation.

History:

[39-1350, added 1965, ch. 173, sec. 33, p. 340.]
Idaho Code § 39-4703 — Idaho Code / Title 39 / Chapter 47 / Section 39-4703
39-4703 DEFINITIONS.
Status: in_force

39-4703. DEFINITIONS. As used in this chapter:

(1) "Accident" means any event that results in an unintended injury or property damage attributable directly or indirectly to the motion of a motor vehicle or its load, a snowmobile, or special mobile equipment.

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

(3) "Driver" means every person who drives or is in actual physical control of a vehicle.

(4) "Emergency medical responder" means:

(a) Emergency medical services personnel licensed pursuant to chapter 9, title 46, Idaho Code; or

(b) A physician, nurse, or other health care provider on the scene of a motor vehicle accident or emergency situation as provided in section 39-4708, Idaho Code, or who is accompanying or attending a patient removed from such an accident or emergency situation in an ambulance.

(5) "Motor vehicle" or "vehicle" means every vehicle that is self-propelled and, for the purpose of titling and registration meets federal motor vehicle safety standards as defined in section 49-107, Idaho Code. Motor vehicle does not include vehicles moved solely by human power, electric personal assistive mobility devices, personal delivery devices, electric-assisted bicycles, and motorized wheelchairs or other such vehicles that are specifically exempt from titling or registration requirements under title 49, Idaho Code.

(6) "Other responder" means a firefighter, peace officer, or other law enforcement personnel on the scene.

(7) "Peace officer" means any employee of a police or law enforcement agency that is a part of or administered by the state or any political subdivision thereof and whose duties include and primarily consist of the prevention and detection of crime and the enforcement of penal, traffic, or highway laws of this state or any political subdivision of this state.

(8) "Yellow dot motor vehicle medical information program" or "yellow dot program" means the program established pursuant to this chapter.

History:

[39-4703, added 2020, ch. 283, sec. 1, p. 824; am. 2025, ch. 94, sec. 25, p. 472.]
Idaho Code § 39-5901 — Idaho Code / Title 39 / Chapter 59 / Section 39-5901
39-5901 SHORT TITLE.
Status: in_force

39-5901. Short title. This act shall be known and cited as the "Idaho Rural Health Care Access Program."

History:

[39-5901, added 2000, ch. 262, sec. 2, p. 735.]
Idaho Code § 39-610 — Idaho Code / Title 39 / Chapter 6 / Section 39-610
39-610 DISCLOSURE OF HIV AND HBV REPORTING INFORMATION.
Status: in_force

39-610. Disclosure of HIV and HBV reporting information. (1) State or local health authorities may contact and advise those persons who, in the judgment of health authorities, have been exposed to the HIV (human immunodeficiency virus) or hepatitis B (HBV) infections.

(2) The department of health and welfare shall, in a manner established by rules and regulations, accept from persons involved in providing emergency or medical services reports of significant exposures to the blood or body fluids of a patient or deceased person. The department of health and welfare shall promulgate rules and regulations defining the term "significant exposure" as used in this section. Upon receipt of a report made pursuant to section 39-602, Idaho Code, confirming the presence of HIV or HBV virus in a patient or a deceased person, the director of the department of health and welfare, or his designee, shall immediately contact and advise any and all persons who, on the basis of information then or thereafter reported to the department, have had a significant exposure to the blood or body fluids of that infected patient or deceased person. The significantly exposed person shall be informed only that he may have been exposed to HIV or HBV, as the case may be, and thereafter advised of whatever prophylactic and testing procedures are appropriate. The significantly exposed person shall not be informed of the name of the infected patient or deceased person. Additionally, the department of health and welfare shall, to the greatest extent consistent with public health requirements, maintain the confidentiality of the identity of the significantly exposed person.

(3) Public health authorities may disclose personally identifying information in public health records to other local or state public health agencies when the confidential information is necessary to carry out the duties of the agency in the investigation, control and surveillance of disease, as determined by the state board of health and welfare, or as otherwise authorized by law.

(4) Nothing in this chapter imposes liability or criminal sanction for disclosure or nondisclosure of the results of a blood test to detect HIV or HBV virus in accordance with any reporting requirements of the department of health and welfare.

History:

[39-610, added 1988, ch. 45, sec. 6, p. 53; am. 1990, ch. 143, sec. 4, p. 323; am. 1990, ch. 213, sec. 39, p. 513; am. 2015, ch. 141, sec. 85, p. 440; am. 2025, ch. 82, sec. 94, p. 378.]
Idaho Code § 39-2801 — Idaho Code / Title 39 / Chapter 28 / Section 39-2801
39-2801 DEFINITIONS.
Status: in_force

39-2801. Definitions. When used in this chapter:

(1) "Vector" means an animal, such as an insect, that transmits a disease producing organism from one host to another.

(2) "Vermin" means small animals, including insects, of public health and welfare concern which are difficult to control when they appear in large numbers.

History:

[39-2801, added 2007, ch. 188, sec. 2, p. 548.]
Idaho Code § 39-7004 — Idaho Code / Title 39 / Chapter 70 / Section 39-7004
39-7004 PENALTIES.
Status: in_force

39-7004. Penalties. (1) A person who improperly disposes of a battery in violation of the provisions of this chapter is subject to a civil penalty of not more than five hundred dollars ($500) per violation and is subject to the penalty provisions of the environmental protection and health act contained in chapter 1, title 39, Idaho Code. Each battery which is so disposed of improperly constitutes a separate violation.

(2) A person who knowingly violates any provision of this chapter other than as described in subparagraph (1) of this section is subject to a civil penalty of not more than one hundred dollars ($100) per violation.

History:

[39-7004, added 1991, ch. 292, sec. 1, p. 753.]
Idaho Code § 39-4510 — Idaho Code / Title 39 / Chapter 45 / Section 39-4510
39-4510 ADVANCE CARE PLANNING DOCUMENT.
Status: in_force

39-4510. advance care planning document. (1) Any competent person aged eighteen (18) years or older may execute an advance care planning document (ACPD). Such document must contain the mandatory elements set forth in this section. Any provisions of an ACPD that are left blank by a person executing the document shall be deemed intentional and shall not invalidate the document. The department of health and welfare may create and promulgate an optional form for the ACPD. Such form is not mandatory. To be considered a valid ACPD, a document must include:

(a) The person's name, date of birth, telephone number, and mailing address;

(b) The signature of the person for whom the ACPD is created or the authorized agent of such person; and

(c) The date on which the document was signed.

(2) An ACPD may but is not required to include the following:

(a) The electronic mail address of the person executing the ACPD;

(b) Nomination of one (1) or more persons to act as a health care agent;

(c) The name, mailing address, electronic mail address, and telephone number of any person nominated as a health care agent, as well as such person's relationship to the person executing the ACPD;

(d) Resuscitation instructions;

(e) Instructions regarding pregnancy;

(g) Instructions for the release of information protected by the federal health insurance portability and accountability act;

(h) Instructions for end-of-life care;

(i) A description of treatment objectives;

(j) The names and contact information of witnesses to the execution of the ACPD; and

(k) Notarization.

History:

[39-4510, added 2023, ch. 307, sec. 11, p. 928.]
Idaho Code § 39-3315 — Idaho Code / Title 39 / Chapter 33 / Section 39-3315
39-3315 ADMISSION RECORDS.
Status: in_force

39-3315. Admission records. (1) Records required for admission to a facility shall be maintained and updated for administrative purposes only and shall be confidential. Their availability, subject to Idaho department of health and welfare rules, chapter 1, title 5, shall be limited to administration, professional consultants, the resident's physician or authorized provider, and representatives of the licensing agency. They shall include at least the following information:

(a) Name and social security number.

(b) Permanent address if other than the facility.

(c) Marital status and sex.

(d) Birthplace and date of birth.

(e) Name, address and telephone number of responsible agent or agency.

(f) Personal physician or authorized provider.

(g) Admission date.

(h) Results of a physical or health status examination performed by a licensed physician or authorized provider within six (6) months prior to admission.

(i) A list of medications, treatments and diet prescribed for the resident which is signed and dated by the physician or authorized provider giving the order(s).

(j) Religious affiliation if resident chooses to so state.

(k) Interested relatives and friends other than those in paragraph (e) of this subsection. Names, addresses and telephone numbers of family members and/or significant others.

(l) Resident assessment.

(m) The results of any psychosocial evaluations or histories to ensure all resident needs are being met.

(2) The resident's personal or religious preferences with respect to medical treatment and medications shall be honored.

History:

[39-3315, added 1990, ch. 116, sec. 2, p. 246; am. 1996, ch. 207, sec. 12, p. 638; am. 2000, ch. 274, sec. 20, p. 815; am. 2005, ch. 280, sec. 13, p. 888.]
Idaho Code § 39-5309 — Idaho Code / Title 39 / Chapter 53 / Section 39-5309
39-5309 DEPARTMENT AUTHORITY OVER CERTAIN FACILITIES — IMMUNITY — EXCEPTIONS — REPORTS MADE IN BAD FAITH.
Status: in_force

39-5309. department authority over certain facilities — immunity — exceptions — reports made in bad faith. (1) Skilled nursing facilities and employees of such facilities shall make reports required under this chapter to the department. If an employee at a state-licensed or state-certified residential facility fails to report maltreatment resulting in death or serious physical injury jeopardizing the life, health, or safety of a vulnerable adult as provided under this section, then the department shall have the authority over the facility to:

(a) Revoke its license or contract with the state to provide services;

(b) Deny payment;

(c) Assess and collect a civil monetary penalty with interest from the facility owner or facility administrator;

(d) Appoint temporary management;

(e) Close the facility or transfer residents to another certified facility;

(f) Direct a plan of correction;

(g) Ban admission of persons with certain diagnoses or requiring specialized care;

(h) Ban all admissions;

(i) Assign monitors; or

(j) Reduce the licensed bed capacity.

(2) Any action taken by the department pursuant to subsection (1) of this section shall be appealable as provided in chapter 52, title 67, Idaho Code.

(3) Any person who makes a report pursuant to this chapter, testifies in an administrative or a judicial proceeding arising from such a report, or is authorized to provide supportive services pursuant to the provisions of this chapter shall be immune from any civil or criminal liability on account of such report, testimony, or services being provided in good faith, except that such immunity shall not extend to:

(a) Perjury;

(b) Reports made in bad faith or with malicious purpose; or

(c) In the provision of services, gross negligence under the existing circumstances.

(4) Any person who makes a report or allegation in bad faith, with malice, or knowing it to be false shall be liable to the party against whom the report was made for the amount of actual damages sustained or statutory damages in the amount of five hundred dollars ($500), whichever is greater, as well as for attorney's fees and costs. If a court finds that a defendant acted with malice or oppression, then the court may award treble actual damages or treble statutory damages, whichever is greater.

History:

[39-5309, added 2023, ch. 158, sec. 11, p. 434.]
Idaho Code § 39-3333 — Idaho Code / Title 39 / Chapter 33 / Section 39-3333
39-3333 REIMBURSEMENT OF EXPENSES.
Status: in_force

39-3333. Reimbursement of expenses. Members of the residential care and assisted living advisory council shall be reimbursed by the department for their actual expenses incurred in the performance of their duties, not to exceed the limits set forth in the state travel guidelines.

History:

[39-3333, added 1990, ch. 116, sec. 2, p. 253; am. 2005, ch. 280, sec. 24, p. 895.]
Idaho Code § 39-1444 — Idaho Code / Title 39 / Chapter 14 / Section 39-1444
39-1444 AUTHORITY — CREATION — MEMBERSHIP — APPOINTMENT — TERMS OF OFFICE — FILLING VACANCIES AND REMOVALS.
Status: in_force

39-1444. Authority — Creation — Membership — Appointment — Terms of office — Filling vacancies and removals. There is hereby created an independent public body politic and corporate to be known as the "Idaho health facilities authority." Said authority is constituted a public instrumentality and the exercise by the authority of the powers conferred by this act shall be deemed and held to be the performance of an essential public function. The authority shall consist of seven (7) members to be appointed by the governor who shall be residents of the state. Not more than four (4) of said seven (7) members of the authority shall be of the same political party. At least one (1) of the members to be appointed by the governor shall be or shall have been a trustee, director, comptroller or other employee of a public or not for profit hospital knowledgeable in hospital and health care construction and financing. At least one (1) such appointed member shall be a person experienced in and having a favorable reputation for skill, knowledge and experience in the field of state and municipal finance. At least one (1) of such appointed members shall be a person experienced in and having a favorable reputation for skill, knowledge and experience in the field of health facility architecture. In making appointments the governor shall take into consideration nominees recommended to him for appointment by professional organizations of hospitals, long term care facilities, investment banking and architects. The members of the authority first appointed by the governor shall serve for terms to be designated by the governor expiring on June 30, as follows: two (2) in 1973 and 1974 and one (1) each in 1975, 1976, and 1977, respectively. Upon the expiration of the term of any appointed member his successor shall be appointed for a term of five (5) years and until his successor has been appointed and has qualified. Any member shall be eligible for reappointment. The governor shall fill any vacancy for the remainder of any unexpired term. Any member of the authority may be removed by the governor for misfeasance, malfeasance or willful neglect of duty or other cause after notice and a public hearing unless such notice or hearing shall be expressly waived in writing.

History:

[39-1444, added 1972, ch. 134, sec. 4, p. 286; am. 1973, ch. 178, sec. 3, p. 393.]
Idaho Code § 39-1329 — Idaho Code / Title 39 / Chapter 13 / Section 39-1329
39-1329 MEETINGS — QUORUM — VACANCIES.
Status: in_force

39-1329. Meetings — Quorum — Vacancies. The board shall meet regularly once each month at a time and place to be designated by the board. Special meetings may be held as often as the needs of the district require on notice to each member of the board. A majority of the members of the board shall constitute a quorum at any meeting. Any vacancy of an elected member on the board shall be filled by the remaining members or member of the board, the appointee to act until the next biennial election, when the vacancy shall be filled by election. If the board shall fail, neglect or refuse to fill any vacancy within ninety (90) days after the same occurs, the board of county commissioners of the county in which said district is situated shall fill such vacancy. In the case of a vacancy on the board of an appointed member, a majority of the board shall determine whether to fill the vacant position.

History:

[39-1329, added 1965, ch. 173, sec. 12, p. 340; am. 2016, ch. 287, sec. 2, p. 791; am. 2021, ch. 46, sec. 3, p. 130.]
Idaho Code § 39-3637 — Idaho Code / Title 39 / Chapter 36 / Section 39-3637
39-3637 STATE BOARD OF ENVIRONMENTAL QUALITY — RULES — INSPECTION.
Status: in_force

39-3637. State board of environmental quality — Rules — Inspection. The state board of environmental quality shall adopt reasonable rules and standards for the installation and operation of cottage site sewage treatment facilities, and shall provide adequate inspection services so as not to delay unreasonably the construction of any lessee. Duplicate originals of all certificates issued by the director of the department of environmental quality shall be filed with the director of the department issuing a cottage site lease.

The director of the department of environmental quality shall maintain a site by site inventory of such sewage disposal systems that may exist. The inventory shall ascertain:

(1) If the existing system meets the board standards. If the system meets all standards and rules for cottage sewage disposal systems a certificate shall be issued immediately.

(2) If the system does not meet the board standards. In such case, the lessee shall be advised in writing of the actions necessary to meet the proper standards. A copy of such report shall be filed with the state agency granting the lease. The modifications, unless specifically exempted from the time limit, as provided in sections 39-3634 through 39-3637, Idaho Code, shall be completed within two (2) years of the date of the written notice.

History:

[(39-3637) 1970, ch. 191, sec. 4, p. 555; am. 1971, ch. 172, sec. 2, p. 810; am. 1974, ch. 23, sec. 159, p. 633; am. and redesig. 1995, ch. 352, sec. 21, p. 1192; am. 2001, ch. 103, sec. 43, p. 288.]
Idaho Code § 39-3629 — Idaho Code / Title 39 / Chapter 36 / Section 39-3629
39-3629 WASTEWATER FACILITY LOAN ACCOUNT ESTABLISHED.
Status: in_force

39-3629. Wastewater facility loan account established. There is hereby created and established in the agency asset fund in the state treasury an account to be known as the wastewater facility loan account. Surplus moneys in the wastewater facility loan account shall be invested by the state treasurer in the manner provided for idle state moneys in the state treasury under section 67-1210, Idaho Code. Interest received on all such investments shall be paid into the wastewater facility loan account. The account shall have paid into it:

1. Federal funds which are received by the state to provide for wastewater facility loans together with required state matching funds coming from a portion of the moneys in the water pollution control account as established in section 39-3628, Idaho Code;

2. All donations and grants from any source which may be used for the provisions of this section;

3. All principal and interest repayments of loans made pursuant to this chapter;

4. Fund transfers from the drinking water loan account; and

5. Any other moneys which may hereafter be provided by law.

History:

[(39-3629) 1987, ch. 174, sec. 5, p. 347; am. 1988, ch. 270, sec. 4, p. 900; am. and redesig. 1995, ch. 352, sec. 13, p. 1187; am. 1996, ch. 345, sec. 1, p. 1155; am. 1998, ch. 16, sec. 1, p. 114; am. 2014, ch. 59, sec. 2, p. 141.]
Idaho Code § 39-3606 — Idaho Code / Title 39 / Chapter 36 / Section 39-3606
39-3606 MONITORING AND USE OF REFERENCE STREAMS OR CONDITIONS AND BENEFICIAL USE SUPPORT ASSESSMENT.
Status: in_force

39-3606. monitoring and Use of reference streams or conditions and beneficial use support assessment. (1) The director shall conduct monitoring to determine whether designated beneficial uses of water bodies are fully supported. In making such determinations, the director shall consult with the basin advisory group and the watershed advisory group with the responsibilities described in this chapter for the water body. The director shall use the appropriate water quality standards as identified in the rules of the department and shall compare the physical, chemical and biological measures of the water body with the reference stream or condition appropriate to the land type, land uses, hydrology, water uses and geophysical features of the water body as described in section 39-3605(2), Idaho Code. If the water body has such physical, chemical or biological measures as the reference stream or condition, even though such measures may be diminished from the conditions set forth in section 39-3605(1), Idaho Code, then the director shall deem the designated beneficial uses for the water body to be fully supported and as having achieved the objectives of the federal clean water act and of this chapter. When site-specific standards have been developed for an activity pursuant to the rules of the department, the use of reference streams as described in this section shall not be necessary.

(2) The physical, geological, hydrological, atmospheric, chemical or biological measures of a water body to be used to determine whether beneficial uses are fully supported may include, but are not limited to: stream width, stream depth, stream shade, sediment, bank stability, water flows, physical characteristics of the stream that affect habitat for fish, macroinvertebrate species or other aquatic life, and the variety and number of fish or other aquatic life.

History:

[39-3606, added 1995, ch. 352, sec. 1, p. 1171; am. 1997, ch. 279, sec. 4, p. 833; am. 2013, ch. 348, sec. 4, p. 946.]
Idaho Code § 39-1449 — Idaho Code / Title 39 / Chapter 14 / Section 39-1449
39-1449 BONDS.
Status: in_force

39-1449. Bonds. (a) The authority is authorized from time to time to issue its bonds in such principal amount as the authority shall determine for the purpose of financing all or a part of the cost of any facilities authorized hereby or for the refinancing of outstanding obligations. In anticipation of the sale of such bonds, the authority may issue bond anticipation notes and may renew the same from time to time. Such notes shall be paid from any revenues of the authority or other moneys available therefor and not otherwise pledged, or from the proceeds of sale of the bonds of the authority in anticipation of which they were issued. The notes shall be issued in the same manner as bonds. Such notes and the resolution or resolutions authorizing the same may contain any provisions, conditions or limitations which a bond resolution of the authority may contain.

(b) The bonds may be issued as serial bonds or as term bonds or a combination of both types. All bonds issued by the authority shall be payable solely out of the revenues and receipts derived from the leasing, mortgaging or sale by the authority of the facilities concerned or of any part thereof as may be designated in the resolutions of the authority under which the bonds shall be authorized to be issued or as may be designated in a trust indenture authorized by the authority, which such trust indenture shall name a bank or trust company within or without the state of Idaho as trustee or from other moneys available therefor and not otherwise pledged. Such bonds may be executed and delivered by the authority at any time and from time to time, may be in such form and denominations and of such terms and maturities, may be in fully registered form or in bearer form registerable either as to principal or interest or both, may bear such conversion privileges and be payable in such instalments and at such time or times not exceeding forty (40) years from the date thereof, may be payable at such place or places whether within or without the state of Idaho, may bear interest at such rate or rates per annum as shall be determined by the authority and without regard to any interest rate limitation appearing in any other law, payable at such time or times and at such place or places and evidenced in such manner, may be executed by such officers of the authority, either manually or by facsimile, and coupon bonds shall have attached thereto interest coupons bearing the facsimile signature of an authorized officer of the authority and may contain such provisions not inconsistent herewith, all as shall be provided in the resolutions of the authority whereunder the bonds shall be authorized to be issued or as shall be provided in a trust indenture authorized by the authority. Notwithstanding any provision of this section to the contrary, in the case of obligations maturing not later than one (1) year from the date of issuance thereof, the authority may authorize the executive director, associate executive director or any officer of the authority to fix principal amounts, maturity dates, interest rates, and purchase prices of any particular issue of such short-term obligations, subject to such limitations as to maximum term, maximum principal amount outstanding, and maximum interest rates as the authority shall prescribe by resolution. Any such authorization shall remain effective for the period of time designated in the resolution, regardless of whether the composition of the authority changes in the interim.

(c) If deemed advisable by the authority there may be retained in the resolutions or the trust indenture under which any bonds of the authority are authorized to be issued an option to redeem all or any part thereof as may be specified in such resolutions or in such trust indenture, at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such resolutions or in such trust indenture, and as may be briefly recited on the face of the bonds, but nothing herein contained shall be construed to confer on the authority the right or option to redeem any bonds except as may be provided in the resolutions or in such trust indenture under which they shall be issued.

(d) The bonds or notes of the authority may be sold at public or private sale for such price or prices and in such manner and from time to time as may be determined by the authority, and the authority may pay all expenses, premiums and commissions which it may deem necessary or advantageous in connection with the issuance thereof. The power to fix the date of sale of bonds and notes, to receive bids or proposals, to award and sell bonds and notes, and to take all other necessary action to sell and deliver bonds and notes may be delegated to the executive director of the authority by resolution of the authority. Pending preparation of the definitive bonds, the authority may issue interim receipts or certificates which shall be exchanged for such definitive bonds.

(e) Issuance by the authority of one (1) or more series of bonds for one (1) or more purposes shall not preclude it from issuing other bonds in connection with the same facilities or any other facilities or any other purpose hereunder, but the resolutions or trust indenture whereunder any subsequent bonds may be issued shall recognize and protect any prior pledge or mortgage made for any prior issue of bonds. Any bonds of the authority at any time outstanding may at any time and from time to time be refunded by the authority by the issuance of its bonds for such purpose in such amount as the authority may deem necessary and, if deemed advisable by the authority, for the additional purpose of paying all or any part of the cost of constructing and acquiring additions, improvements, extensions or enlargements of a facility or any portion thereof.

Any such refunding may be effected whether the bonds to be refunded shall have then matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof for the payment of the bonds to be refunded thereby, or by the exchange of the refunding bonds for the bonds to be refunded thereby with the consent of the holders of the bonds so to be refunded, and regardless of whether or not the bonds to be refunded were issued in connection with the same facilities or separate facilities or for any other purpose hereunder, and regardless of whether or not the bonds proposed to be refunded shall be payable on the same date or different dates or shall be due serially or otherwise. The proceeds of any such bonds issued for the purpose of refunding outstanding bonds may, in the discretion of the authority, be applied to the purchase or retirement at maturity or redemption of such outstanding bonds either on their earliest or any subsequent redemption date or upon the purchase or at the maturity thereof and may, pending such application, be placed in escrow to be applied to such purchase or retirement at maturity or redemption on such date as may be determined by the authority. Any such escrowed proceeds, pending such use, may be invested and reinvested in obligations determined by the authority. The interest, income and profits, if any, earned or realized on any such investment may also be applied to the payment of the outstanding bonds or notes to be so refunded, to the payment of principal or interest on the refunding bonds or may be used by the authority in any lawful manner. After the terms of the escrow have been fully satisfied and carried out, any balance of such proceeds and interest, income and profits, if any, earned or realized on the investments thereof may be returned to the authority for use by it in any lawful manner. The portion of the proceeds of any such bonds issued for the additional purpose of paying all or any part of the cost of constructing and acquiring additions, improvements, extensions or enlargements of a facility may be invested and reinvested in obligations determined by the authority. The interest, income and profits, if any, earned or realized on such investment may be applied to the payment of all or any part of such cost or may be used by the authority in any lawful manner. All such bonds shall be subject to the provisions of this act in the same manner and to the same extent as other bonds issued pursuant to this act. All bonds and the interest coupons applicable thereto are hereby made and shall be construed to be negotiable instruments within the meaning of and for all the purposes of article 8, uniform commercial code, subject only to the provisions of such bonds, notes or other obligations for registration.

History:

[39-1449, added 1972, ch. 134, sec. 9, p. 286; am. 1973, ch. 178, sec. 7, p. 393; am. 1985, ch. 72, sec. 2, p. 145; am. 2000, ch. 125, sec. 1, p. 296.]
Idaho Code § 39-1211C — Idaho Code / Title 39 / Chapter 12 / Section 39-1211C
39-1211C FOSTER PARENT TRAINING.
Status: in_force

39-1211C. FOSTER PARENT TRAINING.

(1)(a) Prior to licensure pursuant to this chapter, each applicant, unless exempted, shall complete the following:

(i) Training on knowledge and skills relating to the reasonable and prudent parent standard as set forth in chapter 16, title 16, Idaho Code;

(ii) Orientation to foster care programs;

(iii) Training on understanding the impact of trauma on children;

(iv) Training on behavior management;

(v) Training on working with birth parents;

(vi) Training on court processes; and

(vii) Training on the physical safety of children in foster care.

(b) The required training described in this subsection shall not exceed ten (10) hours total, and each training shall include a check on learning to ensure understanding.

(2) The department shall make training available on an ongoing basis to all foster parents on the following topics: rights, roles, and responsibilities of foster parents; laws and regulations; the impact of childhood trauma; managing child behaviors; first aid and medication administration; gun safety in foster homes; and the importance of maintaining meaningful connections between the child and parents, including regular visitation.

History:

[39-1211C, added 2025, ch. 124, sec. 2, p. 655; am. 2026, ch. 92, sec. 1, p. 519.]
Idaho Code § 39-8908 — Idaho Code / Title 39 / Chapter 89 / Section 39-8908
39-8908 INSPECTION.
Status: in_force

39-8908. Inspection. To enforce the provisions of this chapter, the attorney general, the state tax commission and the state fire marshal, their duly authorized representatives and other law enforcement personnel are hereby authorized to examine the books, papers, invoices and other records of any person in possession, control or occupancy of any premises where cigarettes are placed, stored, sold or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control or occupancy of any premises where cigarettes are placed, sold or offered for sale, is hereby directed and required to give the attorney general, the state tax commission and the state fire marshal, their duly authorized representatives and other law enforcement personnel the means, facilities and opportunity for the examinations authorized in this section.

History:

[39-8908, added 2008, ch. 278, sec. 1, p. 798.]
Idaho Code § 39-3130 — Idaho Code / Title 39 / Chapter 31 / Section 39-3130
39-3130 RECIPROCAL AGREEMENTS BETWEEN STATES TO SHARE SERVICES.
Status: in_force

39-3130. Reciprocal agreements between states to share services. In such regions where natural population groupings overlap state boundaries, an interstate regional behavioral health service may be established jointly with a neighboring state or states. In such instances, the state behavioral health authority may enter into reciprocal agreements with these states to either share the expenses of the service in proportion to the population served; to allow neighboring states to buy services from Idaho; or to allow Idaho to purchase services that are otherwise not available to its citizens.

History:

[(39-3130) (39-3127) 39-3126, added 1969, ch. 202, sec. 4, p. 589; am. and redesig. 2006, ch. 277, sec. 4, p. 850; am. and redesig. 2014, ch. 43, sec. 13, p. 111.]
Idaho Code § 39-8607 — Idaho Code / Title 39 / Chapter 86 / Section 39-8607
39-8607 INSPECTIONS.
Status: in_force

39-8607. Inspections. On and after July 1, 2004, all installations and periodic inspections required by this chapter shall be performed by a QEI as defined in this chapter.

History:

[39-8607, added 2004, ch. 359, sec. 1, p. 1070.]
Idaho Code § 39-5714 — Idaho Code / Title 39 / Chapter 57 / Section 39-5714
39-5714 REQUIREMENTS FOR DELIVERY SALES.
Status: in_force

39-5714. Requirements for delivery sales. (1) No permittee shall make a delivery sale of tobacco products or electronic smoking devices to any individual who is under age twenty-one (21) years in this state.

(2) Each permittee taking a delivery sale order shall comply with: the age verification requirements set forth in section 39-5715, Idaho Code; the disclosure and notice requirements set forth in section 39-5716, Idaho Code; the shipping requirements set forth in section 39-5717, Idaho Code; the registration and reporting requirements set forth in section 39-5718, Idaho Code; all tax collection requirements provided by title 63, Idaho Code; and all other laws of the state of Idaho generally applicable to sales of tobacco products or electronic smoking devices that occur entirely within Idaho, including but not limited to those laws imposing excise taxes, sales and use taxes, licensing and tax stamping requirements, and escrow or other payment obligations.

History:

[39-5714, added 2003, ch. 273, sec. 3, p. 730; am. 2012, ch. 39, sec. 8, p. 122; am. 2020, ch. 318, sec. 12, p. 912; am. 2022, ch. 113, sec. 6, p. 420.]
Idaho Code § 39-117 — Idaho Code / Title 39 / Chapter 1 / Section 39-117
39-117 CRIMINAL VIOLATION — PENALTY.
Status: in_force

39-117. Criminal violation — Penalty. (1) Any person who willfully or negligently violates any of the provisions of the non-air quality public health or environmental protection laws or the terms of any lawful notice, order, permit, standard, rule or regulation issued pursuant thereto shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than ten thousand dollars ($10,000) for each separate violation or one thousand dollars ($1,000) per day for continuing violations, whichever is greater.

(2) Any person who knowingly violates any of the provisions of the air quality public health or environmental protection laws or the terms of any lawful notice, order, permit, standard or rule issued pursuant thereto shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than ten thousand dollars ($10,000) per day per violation. In addition, any person who knowingly releases into the ambient air any hazardous air pollutant listed pursuant to section 112 of the federal clean air act, 42 U.S.C. 7412, or any extremely hazardous substance listed pursuant to 42 U.S.C. 11002(a)(2) that is not listed under section 112, and who knows at the time that he thereby places another person in imminent danger of death or serious bodily injury shall, upon conviction, be punished by a fine of not more than two hundred fifty thousand dollars ($250,000) per day, or by imprisonment of not more than fifteen (15) years or both such fine and imprisonment. Any person committing such violation that is an organization shall, upon conviction under this subsection, be subject to a fine of not more than one million dollars ($1,000,000) for each violation. For any air pollutant for which the environmental protection agency or the board of environmental quality has set an emissions standard or for any source for which a permit has been issued under title V of the clean air act amendments of 1990, a release of such pollutant in accordance with that standard or permit shall not constitute a violation of the provisions of this subsection.

(3) Any person who willfully or negligently violates any Idaho national pollutant discharge elimination system (NPDES) standard or limitation, permit condition or filing requirement shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than ten thousand dollars ($10,000) per violation or for each day of a continuing violation. Any person who knowingly makes any false statement, representation or certification in any Idaho NPDES form, in any notice or report required by an NPDES permit, or who knowingly renders inaccurate any monitoring device or method required to be maintained shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five thousand dollars ($5,000) per violation or for each day of a continuing violation.

History:

[39-117, added 1973, ch. 137, sec. 1, p. 268; am. 1986, ch. 60, sec. 8, p. 176; am. 1993, ch. 275, sec. 7, p. 937; am. 1998, ch. 125, sec. 3, p. 464; am. 2014, ch. 40, sec. 2, p. 95.]
Idaho Code § 39-6002 — Idaho Code / Title 39 / Chapter 60 / Section 39-6002
39-6002 CHILDREN'S TRUST FUND BOARD — POWERS AND DUTIES.
Status: in_force

39-6002. Children's trust fund board — Powers and duties. To carry out the purposes of this chapter, the children's trust fund board may:

(1) Independently, in collaborative relationships or partnerships, contract with public or private nonprofit organizations, agencies, schools or with qualified individuals, establish community-based educational and service programs and initiatives designed to reduce or prevent the occurrence of child abuse and neglect.

(a) Each contract entered into by the board shall contain a provision for the evaluation of services provided under the contract. Contracts for services to prevent child abuse and child neglect may be awarded to new programs, existing programs, initiatives, and to demonstration projects.

(b) Continuation of contracts shall be based upon goal attainment.

(2) Facilitate the exchange of information between groups concerned with families and children.

(3) Consult with state departments, agencies, commissions and boards to help determine the probable effectiveness, fiscal soundness, and need for proposed educational and service programs for the prevention of child abuse and neglect.

(4) Adopt rules pursuant to chapter 52, title 67, Idaho Code, to carry out the provisions of this chapter.

(5) Employ an executive director who shall be responsible for the performance of the administrative functions of the board and such other duties as the board may direct. The board may also employ or contract with other individuals to provide professional, clerical or other services deemed necessary by the board to effectuate the provisions of this chapter and the rules of the board, and purchase or rent necessary office space, equipment and supplies. The compensation of the executive director and other personnel shall be determined by the board, and the executive director shall be exempt from the provisions of chapter 53, title 67, Idaho Code.

(6) Solicit and accept grants, donations, gifts and other moneys as necessary to carry out the purposes of this chapter.

History:

[39-6002, added 1985, ch. 31, sec. 2, p. 61; am. 1990, ch. 208, sec. 1, p. 464; am. 2002, ch. 292, sec. 3, p. 842; am. 2014, ch. 52, sec. 2, p. 129.]
Idaho Code § 39-9105 — Idaho Code / Title 39 / Chapter 91 / Section 39-9105
39-9105 BEHAVIORAL HEALTH COMMUNITY CRISIS CENTER EVALUATION.
Status: in_force

39-9105. BEHAVIORAL HEALTH COMMUNITY CRISIS CENTER EVALUATION. Each crisis center shall annually evaluate the effectiveness and cost efficacy of its center and submit a report of findings to the department of health and welfare by August 1 of each year. The department shall annually report findings of the crisis center evaluations to germane committees of the Idaho legislature.

History:

[39-9105, added 2014, ch. 131, sec. 1, p. 366.]
Idaho Code § 39-5912 — Idaho Code / Title 39 / Chapter 59 / Section 39-5912
39-5912 FRAUDULENT INFORMATION ON GRANT APPLICATION.
Status: in_force

39-5912. Fraudulent information on grant application. Providing false information on any application or document submitted under this statute is a misdemeanor and grounds for declaring the applicant ineligible. Any and all funds determined to have been acquired on the basis of fraudulent information must be returned to the rural health care access and physician incentive grant program. This section shall not limit other remedies which may be available for the filing of false or fraudulent applications.

History:

[39-5912, added 2000, ch. 262, sec. 2, p. 739; am. 2012, ch. 44, sec. 14, p. 139.]
Idaho Code § 39-4511A — Idaho Code / Title 39 / Chapter 45 / Section 39-4511A
39-4511A REVOCATION OF ADVANCE CARE PLANNING DOCUMENT.
Status: in_force

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

(a) By being intentionally canceled, defaced, obliterated, burned, torn, or otherwise destroyed by the maker thereof, or by some person in his presence and by his direction;

(b) By a written signed revocation by the maker thereof expressing his intent to revoke;

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

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

(2) The maker of the revoked ACPD is responsible for notifying his health care providers of the revocation. A health care provider who does not have actual knowledge of the revocation is entitled to rely on an otherwise apparently valid ACPD as though it had not been revoked.

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

History:

[(39-4511A) 39-4511, added 2005, ch. 120, sec. 2, p. 389; am. 2006, ch. 67, sec. 4, p. 208; am. 2007, ch. 196, sec. 12, p. 590; am. and redesig. 2012, ch. 302, sec. 9, p. 834; am. 2017, ch. 273, sec. 2, p. 714; am. 2023, ch. 307, sec. 12, p. 928.]
Idaho Code § 39-8805A — Idaho Code / Title 39 / Chapter 88 / Section 39-8805A
39-8805A COMPLIANCE DATE FOR CERTAIN RULES.
Status: in_force

39-8805A. COMPLIANCE DATE FOR CERTAIN RULES. (1) Compliance with the additional testing and inspection requirements set forth in 40 CFR 280.10 concerning emergency power generators, 40 CFR 280.35 concerning spill prevention equipment and containment sumps used for interstitial monitoring of piping and overfill prevention equipment, and 40 CFR 280.40 concerning release detection, as adopted by Idaho and incorporated by reference in IDAPA 58.01.07.004, shall be required only on and after October 13, 2021, notwithstanding any prior date set forth in said regulations or rule.

(2) The provisions of subsection (1) of this section shall be retroactive to the effective date of IDAPA 58.01.07.004, to wit March 24, 2017.

History:

[39-8805A, added 2019, ch. 34, sec. 1, p. 96.]
Idaho Code § 39-5206 — Idaho Code / Title 39 / Chapter 52 / Section 39-5206
39-5206 COMPENSATION AND EXPENSES.
Status: in_force

39-5206. Compensation and expenses. Members of the council shall be entitled to receive actual and necessary expenses plus compensation as provided in section 59-509(g), Idaho Code.

History:

[39-5206, added 1982, ch. 181, sec. 1, p. 471.]
Idaho Code § 39-3406 — Idaho Code / Title 39 / Chapter 34 / Section 39-3406
39-3406 AMENDING OR REVOKING ANATOMICAL GIFT BEFORE DONOR'S DEATH.
Status: in_force

39-3406. Amending or revoking anatomical gift before donor's death. (1) Subject to section 39-3408, Idaho Code, a donor or other person authorized to make an anatomical gift under section 39-3404, Idaho Code, may amend or revoke an anatomical gift by:

(a) A record signed by:

(i) The donor;

(ii) The other person; or

(iii) Subject to subsection (2) of this section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or

(b) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.

(2) A record signed pursuant to subsection (1)(a)(iii) of this section must:

(a) Be witnessed by at least two (2) adults, at least one (1) of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(b) State that it has been signed and witnessed as provided in paragraph (a) of this subsection.

(3) Subject to section 39-3408, Idaho Code, a donor or other person authorized to make an anatomical gift under section 39-3404, Idaho Code, may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.

(4) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two (2) adults, at least one (1) of whom is a disinterested witness.

(5) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (1) of this section.

History:

[39-3406, added 2007, ch. 30, sec. 2, p. 64.]
Idaho Code § 39-3322 — Idaho Code / Title 39 / Chapter 33 / Section 39-3322
39-3322 QUALIFICATIONS AND REQUIREMENTS FOR FACILITY STAFF.
Status: in_force

39-3322. Qualifications and requirements for facility staff. (1) Each facility must employ or arrange for sufficient trained staff to fully meet the needs of its residents and the requirements of this chapter. The facility shall have sufficient staff to provide care during all hours required in each resident's negotiated service plan. Residential care or assisted living facilities shall not retain residents who require care at a nursing facility as defined in section 39-1301, Idaho Code, other than for short exceptional stays pursuant to negotiated rulemaking as defined in chapter 52, title 67, Idaho Code.

(2) Should a residential care or assisted living facility choose not to carry professional liability insurance, that information shall be disclosed, in writing, to employees at the time of hiring.

History:

[39-3322, added 1990, ch. 116, sec. 2, p. 251; am. 1996, ch. 207, sec. 16, p. 642; am. 2000, ch. 274, sec. 26, p. 820; am. 2005, ch. 280, sec. 17, p. 893; am. 2025, ch. 122, sec. 32, p. 639; am. 2025, ch. 208, sec. 12, p. 945.]
Idaho Code § 39-4423 — Idaho Code / Title 39 / Chapter 44 / Section 39-4423
39-4423 DISPOSAL OF RESTRICTED HAZARDOUS WASTES PROHIBITED.
Status: in_force

39-4423. Disposal of restricted hazardous wastes prohibited. (1) Notwithstanding any other provision of law to the contrary, no person shall discharge, deposit, inject, dump, spill, leak, or place any restricted hazardous waste, as defined in section 39-4403, Idaho Code, into or on any land or water at a commercial hazardous waste facility or site.

(2) The department may issue a variance from the requirements of subsection (1) of this section, if, in the judgment of the director, application of the requirements would cause undue hardship and the granting of the variance would not be harmful to the public interest or inconsistent with RCRA requirements. In issuing the variance, the director shall take into account:

(a) The long-term uncertainties associated with land disposal;

(b) The goal of managing hazardous waste in an appropriate manner in the first instance; and

(c) The persistence, toxicity, mobility, and propensity to bioaccumulate of such hazardous wastes and their hazardous constituents.

(3) (a) The board shall promulgate rules and regulations specifying those levels or methods of treatment, if any, which substantially diminish the toxicity of the waste or substantially reduce the likelihood of migration of hazardous constituents from the waste so that short-term and long-term threats to human health and the environment are minimized.

(b) If such restricted hazardous waste has been treated to the level or by a method specified in regulations promulgated under this subsection, such waste or residue thereof shall not be subject to the prohibition in subsection (1) of this section and may be disposed of in a land disposal facility which meets the requirements of this chapter.

History:

[39-4423, added 1986, ch. 324, sec. 2, p. 797.]
Idaho Code § 39-257 — Idaho Code / Title 39 / Chapter 2 / Section 39-257
39-257 MARRIAGE OF NATURAL PARENTS OF PERSON BORN IN IDAHO — JUDICIAL DETERMINATION OF PARENTAGE OF PERSON BORN IN IDAHO — NEW BIRTH CERTIFICATES — PROCEDURE.
Status: in_force

39-257. Marriage of natural parents of person born in Idaho — Judicial determination of parentage of person born in Idaho — New birth certificates — Procedure. When a person born in Idaho has been legitimated by the subsequent marriage of said person's natural parents and immediately assumes or is assigned a name other than is shown on the recorded birth certificate, the birth certificate of such person may be replaced by a new and conventional certificate (prepared and filed by the state registrar), reflecting the name so assumed or assigned, upon proper application therefor filed by such legitimated person or the parents or one of them, but no one else. Such application shall be in writing and shall be accompanied by a copy of the relevant marriage certificate (if there was one issued and regardless of where it was issued), certified by the issuer or recorder of the same, and, in any event, an affidavit of each of the spouses, factually indicating such parentage, the time and place of the marriage, the identity of the child concerned and the child named in the original birth certificate and giving the assumed or assigned name of the child, which instruments shall be filed of record along with the old birth certificate, but separate from any replacement issued hereunder (which shall be filed separately).

When a person born in Idaho has had said person's natural parentage finally determined by an Idaho court, the court shall require the preparation of a report of paternity on a form prescribed and furnished by the state registrar. The report shall include such facts as necessary to complete the amended birth certificate and be certified by the clerk of the court. If a court of some other state issued a decree or report of paternity, the state registrar may prepare and file a new and conventional birth certificate for that person, reflecting the name(s) of the parent(s) and the child's new name, if applicable, upon application made by that person or either or both of the persons adjudged to be the natural parent(s), or that person's guardian, but no one else. This application shall be accompanied by a certified copy of the court decree in question and an affidavit of one (1) person factually indicating that the decree involves the same person that the original birth certificate involved. These instruments shall be filed of record along with the old birth certificate, but separate from any replacement issued hereunder (which shall be filed separately).

It shall be the duty of each clerk of court in the state of Idaho to file with the state registrar certified copies of each final decree of paternity determination made by that court within fifteen (15) days after each of such decrees becomes final. Such certified copies of such decrees and all other instruments mentioned in this section, except any replacement certificate, are confidential and shall not be revealed to any person other than the registrant, if of age, the parents or the duly appointed legal representative of any of them, or upon court order issued in the interest of justice.

History:

[(39-257) I.C., sec. 39-259, as replaced by 1959, ch. 104, sec. 4, p. 221; am. and redesignated 1983, ch. 7, sec. 17, p. 31; am. 1990, ch. 213, sec. 35, p. 509; am. 1993, ch. 315, sec. 1, p. 1167; am. 1995, ch. 31, sec. 1, p. 49.]
Idaho Code § 39-8604 — Idaho Code / Title 39 / Chapter 86 / Section 39-8604
39-8604 ENFORCEMENT.
Status: in_force

39-8604. Enforcement. The administrator shall enforce the provisions of this chapter. Local governments shall not adopt codes or institute enforcement programs with regard to conveyances.

History:

[39-8604, added 2004, ch. 359, sec. 1, p. 1069.]
Idaho Code § 39-3126 — Idaho Code / Title 39 / Chapter 31 / Section 39-3126
39-3126 DESIGNATION OF REGIONAL BEHAVIORAL HEALTH CENTERS.
Status: in_force

39-3126. Designation of regional behavioral health centers. Recognizing both the need of every citizen to receive the best behavioral health services that the state is able to provide within budgetary confines and the disproportionate ability of counties to finance behavioral health services, the state behavioral health authority shall designate regions and be responsible for establishing regional behavioral health centers for all areas of the state. In the establishment of regions, primary consideration will be given to natural population groupings and service areas, the regions previously designated for the establishment of other health services, the behavioral health needs of the people within the proposed regions, and the appropriate maximal use of available funding.

History:

[(39-3126) 39-3125, added 1969, ch. 202, sec. 3, p. 589; am. and redesig. 2006, ch. 277, sec. 2, p. 849; am. 2014, ch. 43, sec. 8, p. 110.]
Idaho Code § 39-3521 — Idaho Code / Title 39 / Chapter 35 / Section 39-3521
39-3521 ISSUANCE AND RENEWAL OF CERTIFICATION.
Status: in_force

39-3521. Issuance and renewal of certification. (1) Each certificate shall be issued only for the home and care provider named in the application and shall not be transferable or assignable.

(2) Upon certification, the department shall charge the care provider an ongoing monthly certification fee, to be invoiced by the department and paid as promulgated in rule. Timely payment of the certification fee shall keep the certification active unless it is suspended or revoked by the department.

(3) Each care provider intending to continue operation of a certified family home shall renew its certification annually. The department may shorten the certification time frame as part of an enforcement action or at its discretion to more efficiently or safely fulfill its obligations. The application for renewal shall be filed with the department at least thirty (30) days prior to the date of expiration specified on the certificate. The existing certificate, unless suspended or revoked, shall remain in force and effect until the department has acted on the renewal application when such application is timely filed.

History:

[(39-3521) 39-3563, added 1994, ch. 284, sec. 1, p. 888; am. 2000, ch. 274, sec. 103, p. 852; am. and redesig. 2005, ch. 280, sec. 45, p. 909; am. 2024, ch. 63, sec. 27, p. 324.]
Idaho Code § 39-9901 — Idaho Code / Title 39 / Chapter 99 / Section 39-9901
39-9901 SHORT TITLE.
Status: in_force

39-9901. short title. This chapter shall be known and may be cited as the "Down Syndrome Diagnosis Information Act."

History:

[(39-9901) 39-9701, added 2022, ch. 80, sec. 1, p. 227; am. and redesig. 2023, ch. 218, sec. 13, p. 616.]
Idaho Code § 39-3511 — Idaho Code / Title 39 / Chapter 35 / Section 39-3511
39-3511 ADVISORY COUNCIL.
Status: in_force

39-3511. Advisory council. The department shall establish a state-level advisory council. This council may be the same body as that identified in section 39-3330, Idaho Code; otherwise, this council shall be a separate body formed pursuant to the provisions found in section 39-3330, Idaho Code. The advisory council shall have the following powers and duties:

(1) To make policy recommendations regarding certification and enforcement standards in certified family homes and the provision of services to residents;

(2) To provide advice to the department and to the board pertaining to development and revision of rules;

(3) To review and comment on any proposed rule or legislation pertaining to the certification of certified family homes; and

(4) To submit an annual report to the legislature stating opinions and recommendations that would further the state's capability to address issues faced by certified family homes.

History:

[39-3511, added 2024, ch. 63, sec. 17, p. 320.]
Idaho Code § 39-1451 — Idaho Code / Title 39 / Chapter 14 / Section 39-1451
39-1451 PAYMENT OF BONDS — NONLIABILITY OF STATE.
Status: in_force

39-1451. Payment of bonds — Nonliability of state. Bonds and notes issued by the authority shall not constitute or become an indebtedness, or a debt or liability of the state, the legislature thereof, or of any county, city, town, township, board of education or school district, or other subdivision of the state, or of any other political subdivision or body corporate and politic of or municipality within the state and neither the state, the legislature thereof, nor any county, city, town, township, board of education or school district or other subdivision of the state shall be liable thereon nor shall such bonds or notes constitute the giving, pledging or loaning of the faith and credit of the state, the legislature thereof, or of any county, city, town, township, board of education or school district, or other subdivision of the state, or of any other political subdivision or body corporate and politic of or municipality within the state, but shall be payable solely from the funds herein provided therefor. The issuance of bonds or notes under the provisions of this act shall not, directly or indirectly or contingently, obligate the state or any political subdivision thereof nor empower the authority, to levy or collect any form of taxes or assessments therefor or to create any indebtedness payable out of taxes or assessments or make any appropriation for their payment and such appropriation or levy is prohibited. Nothing in this section contained shall prevent or be construed to prevent the authority from pledging its full faith and credit or the full faith and credit of a participating health institution to the payment of bonds or notes authorized pursuant to this act. Nothing in this act shall be construed to authorize the authority to create a debt of the state within the meaning of the constitution or statutes of Idaho or authorize the authority to levy or collect taxes or assessments and all bonds issued by the authority pursuant to the provisions of this act are payable and shall state that they are payable solely from the funds pledged for their payment in accordance with the resolution authorizing their issuance or in any trust indenture or mortgage or deed of trust executed as security therefor and are not a debt or liability of the state of Idaho. The state shall not in any event be liable for the payment of the principal of or interest on any bonds of the authority or for the performance of any pledge, mortgage, obligation or agreement of any kind whatsoever which may be undertaken by the authority. No breach of any such pledge, mortgage, obligation or agreement shall impose any pecuniary liability upon the state or any charge upon its general credit or against its taxing power.

All expenses incurred in carrying out this act shall be payable solely from funds provided under the authority of this act and no liability or obligation shall be incurred by the authority beyond the extent to which moneys shall have been provided under this act.

History:

[39-1451, added 1972, ch. 134, sec. 11, p. 286; am. 1973, ch. 178, sec. 10, p. 393; am. 1976, ch. 183, sec. 6, p. 665.]
Idaho Code § 39-3413 — Idaho Code / Title 39 / Chapter 34 / Section 39-3413
39-3413 SEARCH AND NOTIFICATION.
Status: in_force

39-3413. Search and notification. (1) For purposes of this section, "first responder" means a law enforcement officer, firefighter, emergency medical services provider, coroner or other emergency rescuer.

(2) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:

(a) A first responder finding the individual; and

(b) If no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.

(3) For all individuals identified as a donor, following the determination that an individual is deceased by a person qualified to do so, such person shall, as soon as reasonably possible, notify the Idaho state communication center of the location where the deceased will be or has been transported to and include the deceased individual's name and date of birth if known. The Idaho state communication center shall, as soon as reasonably possible, notify the appropriate organ procurement organization, tissue bank or eye bank.

(4) If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (2)(a) of this section and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.

(5) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section.

History:

[39-3413, added 2007, ch. 30, sec. 2, p. 69; am. 2013, ch. 247, sec. 1, p. 597.]
Idaho Code § 39-175A — Idaho Code / Title 39 / Chapter 1 / Section 39-175A
39-175A LEGISLATIVE FINDINGS AND PURPOSES.
Status: in_force

39-175A. Legislative findings and purposes. (1) The legislature finds:

(a) That navigable waters within the state are one of the state's most valuable natural resources;

(b) That it is in the public interest to promote effective and efficient regulation of the discharge of pollutants into navigable waters, and that the state should control such permitting decisions as authorized under the federal clean water act;

(c) That the clean water act allows a state to develop and implement, with approval from the United States environmental protection agency, a national pollutant discharge elimination system (NPDES) program to be administered by the state;

(d) That the clean water act, as amended, and regulations adopted pursuant thereto, establishes complex and detailed provisions for regulation of those who discharge pollutants into navigable waters;

(e) That a state program to implement permitting decisions as authorized in the clean water act, and regulations adopted pursuant thereto, may enable the state to issue flexible permits consistent with the clean water act and avoid the existence of duplicative, overlapping or conflicting state and federal regulatory and enforcement processes;

(f) That a state program must be run with a minimum of federal interference in permitting, inspection and enforcement activities and that all state permitting actions under the approved state program are to be state actions and are not subject to consultation under the endangered species act or analysis under the provisions of the national environmental policy act. There should be no conditions of approval of the state program that have the effect of undermining or circumventing these principles;

(g) That the decision to accept delegation of authority from the environmental protection agency to operate an NPDES program has significant public policy implications that should be made by the legislature.

(2) Therefore, it is the intent of the legislature to establish requirements that must be satisfied prior to legislative approval of a permitting program that complies with the clean water act and incorporates flexible permitting procedures and rules to be promulgated by the board.

History:

[39-175A, added 2005, ch. 57, sec. 1, p. 211; am. 2014, ch. 40, sec. 3, p. 96.]
Idaho Code § 39-4124 — Idaho Code / Title 39 / Chapter 41 / Section 39-4124
39-4124 RECEIPTS AND DISBURSEMENTS — OCCUPATIONAL LICENSES FUND.
Status: in_force

39-4124. RECEIPTS AND DISBURSEMENTS — occupational licenses fund. All fees, charges, and fines received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The funds collected under this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.

History:

[39-4124, added 2021, ch. 224, sec. 29, p. 670.]
Idaho Code § 39-8004 — Idaho Code / Title 39 / Chapter 80 / Section 39-8004
39-8004 DEFINITIONS.
Status: in_force

39-8004. Definitions. As used in this act:

(1) "Administrator" means the administrator of the division of occupational and professional licenses or his designated representative.

(2) "Day" shall mean a calendar day unless otherwise specified.

(3) "Imminent safety hazard" means a condition that presents an unreasonable risk of death or serious bodily injury to occupants of a building.

(4) "Licensed professional" means a person licensed by the state of Idaho as an architect or an engineer.

(5) "Local government" means any city or county of this state.

(6) "Serious safety hazard" means a condition that presents an unreasonable health risk or risk of injury to occupants of a building.

History:

[39-8004, added 2000, ch. 352, sec. 1, p. 1183; am. 2002, ch. 158, sec. 2, p. 461; am. 2023, ch. 15, sec. 15, p. 83.]
Idaho Code § 39-3422 — Idaho Code / Title 39 / Chapter 34 / Section 39-3422
39-3422 EFFECT OF ANATOMICAL GIFT ON ADVANCE HEALTH CARE DIRECTIVE.
Status: in_force

39-3422. Effect of anatomical gift on advance health care directive. (1) In this section:

(a) "Advance health care directive" means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor's direction concerning a health care decision for the prospective donor.

(b) "Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.

(c) "Health care decision" means any decision regarding the health care of the prospective donor.

(2) If a prospective donor has a declaration or advance health care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor's attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor's declaration or directive, or, if none or the agent is not reasonably available, another person authorized by law other than this chapter to make health care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict must be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under section 39-3409, Idaho Code. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.

History:

[39-3422, added 2007, ch. 30, sec. 2, p. 72; am. 2009, ch. 176, sec. 1, p. 556.]
Idaho Code § 39-7115 — Idaho Code / Title 39 / Chapter 71 / Section 39-7115
39-7115 SEVERABILITY.
Status: in_force

39-7115. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.

History:

[39-7115, added 1991, ch. 242, sec. 1, p. 592.]
Idaho Code § 39-4101 — Idaho Code / Title 39 / Chapter 41 / Section 39-4101
39-4101 LEGISLATIVE FINDING AND INTENT.
Status: in_force

39-4101. Legislative finding and intent. (1) Uniformity of building codes and uniformity in procedures for enforcing building safety codes throughout the state are matters of statewide concern and interest, in that uniformity would enhance elimination of obsolete, restricting, conflicting, duplicating and unnecessary regulations and requirements which could unnecessarily increase construction costs or retard the use of new materials and methods of installation or provide unwarranted preferential treatment to types or classes of materials or products or methods of construction.

(2) It is the intent of the legislature to:

(a) Promote the health, safety and welfare of the occupants or users of buildings and structures subject to this chapter;

(b) Require minimum performance standards and requirements for construction and construction materials, consistent with accepted standards of engineering, fire safety, life safety and accessibility for those with disabilities;

(c) Establish, for jurisdictions enforcing building codes pursuant to this chapter, minimum standards and requirements in terms of performance, energy efficiency, effect upon construction costs and consistency with nationally accepted standards;

(d) Permit the use of modern technical methods, devices and improvements; and

(e) Clarify and establish roles of the various jurisdictions subject to this chapter.

History:

[39-4101, added 1975, ch. 180, sec. 2, p. 486; am. 1983, ch. 153, sec. 1, p. 407; am. 2000, ch. 465, sec. 1, p. 1439; am. 2002, ch. 345, sec. 3, p. 965.]
Idaho Code § 39-1215 — Idaho Code / Title 39 / Chapter 12 / Section 39-1215
39-1215 EXPIRATION — RENEWAL.
Status: in_force

39-1215. Expiration — Renewal. If a licensee desires to apply for a renewal of its license, an application for renewal shall be filed sixty (60) days prior to the expiration date of the license in force. When such application for renewal has been made in the proper manner and form, the existing license shall, unless officially revoked, remain in force until the department has acted on the application for renewal.

History:

[39-1215, added 1963, ch. 320, sec. 8, p. 901.]
Idaho Code § 39-4434 — Idaho Code / Title 39 / Chapter 44 / Section 39-4434
39-4434 SITING LICENSE APPLICATION AND FEE.
Status: in_force

39-4434. SITING LICENSE APPLICATION and fee. (1) An application for a siting license shall include:

(a) The name and address of the applicant;

(b) The location or proposed location of the hazardous waste facility;

(c) Engineering or hydrogeologic information demonstrating compliance with the technical criteria required by section 39-4435, Idaho Code, if applicable;

(d) A description of the types of activities and wastes that are proposed to be handled at the facility;

(e) Information showing that harm to scenic, historic, cultural, or recreational values is not substantial or that it can be mitigated;

(f) Information showing that the risk and impact of accident during transport of hazardous waste is not substantial or that it can be mitigated;

(g) Information showing that the impact on local government is not adverse regarding health, safety, cost, and consistency with local planning and existing development or that it can be mitigated; and

(h) The fee required by this section.

(2) The director shall establish a sliding fee scale for determining the requisite siting license application fee.

(a) The scale shall be based on the cost to the department for reviewing the siting license application and various site-specific characteristics, including the site size, projected waste volume, and hydrogeologic characteristics surrounding the site.

(b) The fee shall not exceed seven thousand five hundred dollars ($7,500).

(c) Fees received pursuant to this section may be expended by the director to pay the actual, reasonable, and necessary costs incurred by the department in acting on a siting license application.

(3) The director may promulgate rules, subject to legislative approval and in compliance with chapter 52, title 67, Idaho Code, to implement and administer the provisions of this section.

History:

[39-4434, added 2026, ch. 89, sec. 10, p. 470.]
Idaho Code § 39-1211 — Idaho Code / Title 39 / Chapter 12 / Section 39-1211
39-1211 STANDARDS FOR FOSTER HOMES — BOARD AUTHORIZED TO IMPLEMENT AND ENFORCE.
Status: in_force

39-1211. Standards for foster homes — Board authorized to implement and enforce. The board of health and welfare shall have the power, and it shall be its duty to promulgate appropriate rules necessary to implement and enforce the following standards for licensing private foster homes pursuant to this chapter. Such rules shall:

(1) Require evidence of income and resources sufficient to maintain the home and the services offered.

(2) Require such recordkeeping and reporting regarding children's status and progress as may be deemed necessary.

(3) Assure the safety and adequate physical care of children under care.

(4) Require that foster parents be physically and emotionally suited to care for unrelated children and to deal with problems presented by children away from their own homes and own parents and shall require a criminal background check.

Provided, however, nothing in this chapter shall be construed to cover the occasional or irregular care of a neighbor's, relative's or friend's child or children by a person not ordinarily engaged in child care.

History:

[39-1211, added 1963, ch. 320, sec. 4, p. 901; am. 1972, ch. 196, sec. 5, p. 483; am. 1974, ch. 23, sec. 114, p. 633; am. 1987, ch. 56, sec. 3, p. 92; am. 1990, ch. 215, sec. 12, p. 575; am. 2001, ch. 93, sec. 9, p. 240.]
Idaho Code § 39-1457A — Idaho Code / Title 39 / Chapter 14 / Section 39-1457A
39-1457A TRUST FUNDS.
Status: in_force

39-1457A. Trust funds. All moneys received pursuant to the authority of this act whether as proceeds from the sale of bonds, notes or other obligations or as revenues or receipts shall be deemed to be trust funds to be held and applied solely as provided in this act. Any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes of this act, subject to such regulations as this act and the resolution authorizing the bonds, notes or other obligations of any issue or the trust agreement securing such obligations shall provide.

History:

[39-1457A, added 1976, ch. 183, sec. 10, p. 668.]
Idaho Code § 39-8813 — Idaho Code / Title 39 / Chapter 88 / Section 39-8813
39-8813 IDAHO UNDERGROUND STORAGE TANK PROGRAM FUND.
Status: in_force

39-8813. idaho underground storage tank program fund. (1) All moneys received from fees collected from all regulated underground storage tanks shall be forwarded to the department and shall be paid into the Idaho underground storage tank program fund, which is hereby created in the office of the state treasurer.

(2) Such moneys and all interest earned thereon shall be kept in the Idaho underground storage tank program fund and shall be expended for compliance, training, technical, legal and administrative support necessary for implementing the program required under the Idaho underground storage tank act as provided in this chapter.

(3) Costs and expenses incurred by the department in performing the duties, and the exercise of its powers in carrying out the underground storage tank program, shall be paid out of the fund.

(4) Idle moneys in the Idaho underground storage tank program fund established in this section shall be invested by the state treasurer as provided in section 67-1210, Idaho Code. Interest earned on all such investments shall be paid into the fund. Moneys in the fund may be expended pursuant to appropriation.

History:

[39-8813, added 2017, ch. 40, sec. 1, p. 62.]