Idaho Code § 39-4422 — Idaho Code / Title 39 / Chapter 44 / Section 39-4422
39-4422 SEVERABILITY.
Status: in_force

39-4422. 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:

[39-4422, added 1983, ch. 154, sec. 1, p. 431.]
Idaho Code § 39-4428 — Idaho Code / Title 39 / Chapter 44 / Section 39-4428
39-4428 COLLECTION OF COMMERCIAL DISPOSAL FEES — RETURNS.
Status: in_force

39-4428. Collection of commercial disposal fees — Returns. (1) The fees imposed under section 39-4427, Idaho Code, shall be due and payable in monthly installments by the owner, agent, employee, or operator of such hazardous waste facility or site and remittance shall be made to the Idaho department of environmental quality on or before the fifteenth day of the month next succeeding the end of the monthly period in which the fee accrued. The owner, operator or designated employee or agent of the hazardous waste facility or site, on or before the fifteenth day of the month, shall make out a return, upon such forms setting forth such information as the department may require, showing the amount of the fee for which the owner or operator of the hazardous waste facility or site is liable for the preceding monthly period, and shall sign and transmit the same to the department, together with a remittance for such amount in the form required.

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

History:

[39-4428, added 1984, ch. 205, sec. 6, p. 508; am. 1998, ch. 229, sec. 5, p. 781; am. 1999, ch. 290, sec. 3, p. 719; am. 2001, ch. 103, sec. 47, p. 291.]
Idaho Code § 39-3307 — Idaho Code / Title 39 / Chapter 33 / Section 39-3307
39-3307 ADMISSIONS.
Status: in_force

39-3307. Admissions. (1) A residential care or assisted living facility shall not admit or retain any resident requiring a level of services or type of service for which the facility is not licensed or which the facility does not provide or arrange for, or if the facility does not have the staff, appropriate in numbers and with appropriate skills, to provide.

(2) The department is authorized to develop rules, subject to legislative approval, governing admissions to residential care or assisted living facilities.

History:

[39-3307, added 1990, ch. 116, sec. 2, p. 244; am. 1996, ch. 207, sec. 3, p. 636; am. 2000, ch. 274, sec. 15, p. 814; am. 2005, ch. 280, sec. 9, p. 886; am. 2025, ch. 208, sec. 5, p. 938.]
Idaho Code § 39-5906 — Idaho Code / Title 39 / Chapter 59 / Section 39-5906
39-5906 CATEGORIES OF RURAL HEALTH CARE ACCESS AND PHYSICIAN INCENTIVE GRANTS.
Status: in_force

39-5906. Categories of rural health care access and physician incentive grants. (1) There are three (3) categories of rural health care access grant assistance:

(a) Telehealth projects — Grant funds may be used for projects that involve the use of telecommunications technologies for distance learning and for projects to improve access to care for rural communities.

(b) Community development projects — Grant funds may be used for health needs assessments, marketplace analysis, financial analysis and strategic planning activities.

(c) Other — Communities may choose to apply for funds for activities that they have identified and determined will help to improve access to primary care in rural areas, including loan repayment for primary care providers, recruitment incentive, and/or reimbursement of relocation expenses for primary care providers.

(2) Physician incentive grants: Grants are limited to loan repayment for physicians providing primary care medicine in eligible areas.

History:

[39-5906, added 2000, ch. 262, sec. 2, p. 737; am. 2012, ch. 44, sec. 8, p. 136.]
Idaho Code § 39-8105 — Idaho Code / Title 39 / Chapter 81 / Section 39-8105
39-8105 GOVERNOR SHALL REQUEST RECIPROCAL LEGISLATION OR RESOLUTION.
Status: in_force

39-8105. Governor shall request reciprocal legislation or resolution. The governor of the state of Idaho shall advise the chairman of the Coeur d'Alene tribe, the governor of the state of Washington and the president of the United States of America of the enactment of this chapter and request that, if necessary, reciprocal resolutions or legislation be enacted by those governments to authorize negotiation and entry into agreements or compacts regarding participation in the basin environmental improvement project commission and financing authority.

History:

[39-8105, added 2001, ch. 371, sec. 2, p. 1299.]
Idaho Code § 39-4109 — Idaho Code / Title 39 / Chapter 41 / Section 39-4109
39-4109 APPLICATION OF CODES.
Status: in_force

39-4109. Application of codes. (1) The following codes are hereby adopted for the state of Idaho division of occupational and professional licenses and shall only be applied by local governments as prescribed by section 39-4116, Idaho Code:

(a) The 2006 International Building Code shall be in effect, until such time as a subsequent version is adopted by the Idaho building code board, at which time the subsequent versions of the International Building Code as adopted and amended by the Idaho building code board through the negotiated rulemaking process as established in section 67-5221, Idaho Code, and as further provided in subsection (5) of this section and in accordance with subsections (2) and (3) of this section shall be in effect:

(i) Including appendices thereto pertaining to building accessibility;

(ii) Excluding the incorporated electrical codes, mechanical code, fuel gas code, plumbing codes, fire codes or property maintenance codes other than specifically referenced subjects or sections of the International Fire Code; and

(iii) Including the incorporated Idaho residential code, parts I, II, III and IX; Idaho energy conservation code; and rules promulgated by the board to provide equivalency with the provisions of the Americans with disabilities act accessibility guidelines and the fair housing act accessibility guidelines shall be included.

(b) The version of the International Residential Code adopted by the Idaho building code board, together with the amendments, revisions or modifications adopted by the Idaho building code board through the negotiated rulemaking process, except for parts IV, V, VI, VII and VIII, as they pertain to energy conservation, mechanical, fuel gas, plumbing and electrical requirements, shall collectively constitute and be named the Idaho residential code. The Idaho residential code shall be in effect until such time as a subsequent version is adopted by the Idaho building code board, at which time the subsequent version of the Idaho residential code, as adopted and amended by the Idaho building code board through the negotiated rulemaking process provided in this section, shall be in effect. Any amendments, revisions or modifications made to the Idaho residential code by the board shall be made by administrative rules promulgated by the board;

(c) The 2018 Idaho energy conservation code, as amended, revised, or modified by the Idaho building code board and approved by the legislature pursuant to section 39-9701, Idaho Code; and

(d) The 2006 International Existing Building Code as published by the International Code Council shall be in effect until such time as a subsequent version is adopted by the Idaho building code board, at which time the subsequent versions of the International Existing Building Code, as adopted and amended by the Idaho building code board through the negotiated rulemaking process provided in this section, shall be in effect.

(2) No amendments to the accessibility guidelines shall be made by the Idaho building code board that provide for lower standards of accessibility than those published by the International Code Council.

(3) No amendments to the Idaho residential building code shall be made by the Idaho building code board that provide for standards that are more restrictive than those published by the International Code Council.

(4) Any edition of the building codes adopted by the board will take effect on January 1 of the year following its adoption.

(5) In addition to the negotiated rulemaking process set forth in section 67-5221, Idaho Code, the board shall conduct a minimum of two (2) public hearings, not less than sixty (60) days apart. Express written notice of such public hearings shall be given by the board to each of the following entities not less than five (5) days prior to such hearing: associated general contractors of America, associated builders and contractors, association of Idaho cities, Idaho association of building officials, Idaho association of counties, Idaho association of REALTORS®, Idaho building contractors association, American institute of architects Idaho chapter, Idaho fire chiefs association, Idaho society of professional engineers, Idaho state independent living council, southwest Idaho building trades, Idaho building trades, and any other entity that, through electronic or written communication received by the administrator not less than twenty (20) days prior to such scheduled meeting, requests written notification of such public hearings.

History:

[39-4109, added 2002, ch. 345, sec. 13, p. 971; am. 2004, ch. 272, sec. 3, p. 759; am. 2004, ch. 359, sec. 2, p. 1074; am. 2007, ch. 184, sec. 1, p. 532; am. 2009, ch. 173, sec. 2, p. 552; am. 2009, ch. 279, sec. 1, p. 841; am. 2010, ch. 79, sec. 14, p. 143; am. 2014, ch. 248, sec. 1, p. 623; am. 2018, ch. 338, sec. 1, p. 769; am. 2022, ch. 302, sec. 2, p. 957.]
Idaho Code § 39-5203 — Idaho Code / Title 39 / Chapter 52 / Section 39-5203
39-5203 COUNCIL ON DOMESTIC VIOLENCE AND VICTIM ASSISTANCE.
Status: in_force

39-5203. Council on domestic violence and victim assistance. (1) The Idaho council on domestic violence and victim assistance is hereby established. The council shall be the advisory body for programs and services affecting victims of domestic violence and other crimes in Idaho.

(2) For budgetary purposes and for administrative support purposes, the council shall be assigned, by the governor, to a department or office within the state government.

History:

[39-5203, added 1982, ch. 181, sec. 1, p. 471; am. 2000, ch. 343, sec. 3, p. 1162.]
Idaho Code § 39-175B — Idaho Code / Title 39 / Chapter 1 / Section 39-175B
39-175B RELATIONSHIP BETWEEN STATE AND FEDERAL LAW.
Status: in_force

39-175B. Relationship between state and federal law. The legislature cannot conveniently or advantageously set forth in this chapter all the requirements of all of the regulations which have been or will be established under the clean water act. However, any state permitting program must avoid the existence of duplicative, overlapping or conflicting state and federal regulatory systems. Further, the board may promulgate rules to implement a state permitting program but such rules shall not impose conditions or requirements more stringent or broader in scope than the clean water act and regulations adopted pursuant thereto. Further, the department will not require Idaho pollutant discharge elimination system (IPDES) permits for activities and sources not required to have permits by the United States environmental protection agency.

History:

[39-175B, added 2005, ch. 57, sec. 1, p. 212; am. 2018, ch. 22, sec. 4, p. 36.]
Idaho Code § 39-3317 — Idaho Code / Title 39 / Chapter 33 / Section 39-3317
39-3317 NOTICE OF RIGHTS.
Status: in_force

39-3317. Notice of rights. Each facility must:

(1) Inform each resident, orally and in writing at the time of admission to the facility, of his legal rights during the stay at the facility.

(2) Make available to each resident, upon reasonable request, a written statement of such rights (which statement is updated upon changes in such rights).

(3) The written description of legal rights under this subsection shall include a description of the protection of personal funds and a statement that a resident may file a complaint with the licensing agency respecting resident abuse and neglect and misappropriation of resident property in the facility. A copy of the list of resident rights shall be conspicuously posted in the facility at all times.

History:

[39-3317, added 1990, ch. 116, sec. 2, p. 249.]
Idaho Code § 39-4102 — Idaho Code / Title 39 / Chapter 41 / Section 39-4102
39-4102 SHORT TITLE.
Status: in_force

39-4102. Short title. This chapter shall be known as "The Idaho Building Code Act."

History:

[39-4102, added 1975, ch. 180, sec. 2, p. 486; am. 2002, ch. 345, sec. 4, p. 965.]
Idaho Code § 39-2807 — Idaho Code / Title 39 / Chapter 28 / Section 39-2807
39-2807 CONSOLIDATION OF ABATEMENT DISTRICTS.
Status: in_force

39-2807. Consolidation of abatement districts. Two (2) or more contiguous districts may be consolidated. Any district board of trustees may seek consolidation by adoption of a resolution by a majority vote of its members. Consolidation is accomplished by a majority vote of the members of each of the boards of trustees involved in the consolidation. The consolidated districts may enter into arrangements for pooling funds and joint use of personnel, equipment, and supplies. The activities conducted under joint arrangement shall be considered as if conducted directly by the board having jurisdiction over the area concerned. The board of county commissioners must be given written notice of consolidation.

History:

[39-2807, added 1959, ch. 81, sec. 7, p. 186; am. 1993, ch. 199, sec. 3, p. 549.]
Idaho Code § 39-4103 — Idaho Code / Title 39 / Chapter 41 / Section 39-4103
39-4103 SCOPE — EXEMPTIONS.
Status: in_force

39-4103. Scope — Exemptions. (1) This chapter authorizes the state division of occupational and professional licenses and local governments to adopt and enforce building codes pursuant to the provisions of this chapter.

(2) All buildings and other facilities owned by any state government agency or entity, including those owned, constructed or financed by the Idaho state building authority, shall conform to the codes adopted in this chapter, chapter 2, title 41, Idaho Code, chapter 10, title 54, Idaho Code, chapter 26, title 54, Idaho Code, and chapter 50, title 54, Idaho Code, and shall be subject to the jurisdiction of the state division of occupational and professional licenses and the state fire marshal for purposes of all plan reviews, permitting and inspections. In performing such plan reviews, permitting and inspections, the division of occupational and professional licenses and the state fire marshal shall route building plans to affected local government agencies, and shall take into consideration local government comments and ordinances and shall promptly notify the local jurisdictions of actions taken and the reasons therefor, and transmit to the local jurisdictions copies of final building plans.

(3) All buildings and other facilities owned by anyone other than state government agencies or entities which are constructed or renovated specifically for use or occupancy by any state agency or entity shall conform to all state adopted codes and standards. Nothing in this subsection shall limit the authority of local governments to issue permits, review plans and provide a full range of building code enforcement activities for such buildings.

(4) The following are exempt from the provisions of this chapter:

(a) Equipment used primarily for industrial chemical process purposes and for mineral extraction and mineral processing purposes. This exemption shall not include the erection and fabrication of new boilers, pressure vessels and other equipment as required to condition the building for personnel comfort and safety. Equipment in this regard shall mean and shall be limited to facilities or installations for heating, ventilating, air conditioning, refrigerating equipment, elevators, dumbwaiters, escalators, and boilers and pressure vessels associated with building heating systems.

(b) Modular buildings as defined in section 39-4301, Idaho Code, that are constructed in the state of Idaho for installation on building sites outside the state; provided however, that no modular building shall be installed on a building site in the state of Idaho until it has been approved and bears the insignia of approval of the division as being in compliance with the requirements set forth in chapter 43, title 39, Idaho Code.

History:

[39-4103, added 1975, ch. 180, sec. 2, p. 486; am. 1988, ch. 264, sec. 13, p. 530; am. 2002, ch. 345, sec. 5, p. 966; am. 2003, ch. 256, sec. 1, p. 663; am. 2004, ch. 250, sec. 1, p. 716; am. 2004, ch. 272, sec. 1, p. 758; am. 2007, ch. 252, sec. 1, p. 737; am. 2023, ch. 15, sec. 8, p. 78.]
Idaho Code § 39-5212 — Idaho Code / Title 39 / Chapter 52 / Section 39-5212
39-5212 DOMESTIC VIOLENCE PROJECT ACCOUNT.
Status: in_force

39-5212. Domestic violence project account. There is hereby created in the state operating fund the domestic violence project account. Moneys received from the fees imposed by section 39-5213, Idaho Code, and section 39-6312, Idaho Code, shall be credited to the account and shall be perpetually appropriated to the council on domestic violence and victim assistance for grants for domestic violence projects and to meet the costs of maintaining the operation of the council.

Eligible projects shall be given priority by the council based upon an allocation of funds to projects in the seven (7) substate regions established pursuant to section 39-104, Idaho Code, in the proportion that marriage licenses are filed in each region.

History:

[39-5212, added 1982, ch. 181, sec. 1, p. 473; am. 1990, ch. 243, sec. 2, p. 695; am. 2000, ch. 343, sec. 9, p. 1164.]
Idaho Code § 39-7208 — Idaho Code / Title 39 / Chapter 72 / Section 39-7208
39-7208 RECISION.
Status: in_force

39-7208. Recision. (1) This chapter does not prohibit or limit the department's recision of the voluntary remediation agreement or the covenant not to sue at any time if:

(a) The person implementing the work plan fails substantially to comply with the terms and conditions of:

(i) a voluntary remediation agreement, or

(ii) covenant not to sue;

(b) A hazardous substance or petroleum release becomes an imminent and substantial threat to human health or the environment.

(2) The department shall also notify the county in which the said site exists of recision of the covenant not to sue for the purposes of determining property exemptions provided under section 63-602BB, Idaho Code.

History:

[39-7208, added 1996, ch. 252, sec. 1, p. 800; am. 1997, ch. 117, sec. 41, p. 339.]
Idaho Code § 39-104 — Idaho Code / Title 39 / Chapter 1 / Section 39-104
39-104 DEPARTMENT OF ENVIRONMENTAL QUALITY — CREATION.
Status: in_force

39-104. Department of environmental quality — Creation. (1) There is created and established in the state government a department of environmental quality which shall for the purposes of section 20, article IV, of the constitution of the state of Idaho be an executive department of the state government. The executive and administrative power of this department shall be vested in the director of the department who shall be appointed and serve at the pleasure of the governor, with the advice and consent of the senate.

(2) The department shall be organized in such administrative divisions or regions as may be necessary in order to efficiently administer the department. Each division shall be headed by an administrator who shall be appointed by and serve at the pleasure of the director.

(3) The INL coordinator, deputy director, regional administrators and division administrators shall be nonclassified employees exempt from the provisions of chapter 53, title 67, Idaho Code.

(4) No provision of this title shall be interpreted as to supersede, abrogate, injure or create rights to divert or store water and apply water to beneficial uses established under section 3, article XV of the constitution of the state of Idaho and title 42, Idaho Code. Nothing in this title shall be construed to allow the department to establish a water right for minimum stream flows or a water right for minimum water levels in any lakes, reservoirs or impoundments. Minimum stream flows and minimum water levels may only be established pursuant to chapter 15, title 42, Idaho Code.

(5) Nothing in this title shall be construed to allow the department to establish or require minimum stream flows which would prevent any water from being diverted for irrigation purposes pursuant to existing water rights, or to establish or require minimum water levels in any lakes, reservoirs or impoundments in which any water is stored for irrigation purposes which would adversely affect existing water rights or contracts with the federal government.

History:

[(39-104) 1973, ch. 87, sec. 3, p. 137; I.C., sec. 39-104b, am. and redesig. 1974, ch. 23, sec. 48, p. 633; am. 1995, ch. 365, sec. 1, p. 1276; am. 2000, ch. 132, sec. 6, p. 318; am. 2007, ch. 83, sec. 1, p. 221.]
Idaho Code § 39-8206 — Idaho Code / Title 39 / Chapter 82 / Section 39-8206
39-8206 CLAIM OF PARENTAL RIGHTS — PROCEDURE.
Status: in_force

39-8206. Claim of parental rights — Procedure. (1) A parent of the child may make a claim of parental rights of an abandoned child, abandoned pursuant to the provisions of this chapter, by filing a notice of claim of parental rights with the vital statistics unit of the department of health and welfare. The vital statistics unit of the department of health and welfare shall maintain an abandoned child registry for this purpose which shall be subject to disclosure according to chapter 1, title 74, Idaho Code. The department shall provide forms for the purpose of filing a claim of parental rights, and the forms shall be made available through the vital statistics unit of the Idaho department of health and welfare and in the office of the county clerk in every county of this state. Any parent claiming a parental right of an abandoned child, abandoned pursuant to the provisions of this chapter, shall file the form with the vital statistics unit of the department of health and welfare. The form must be filled out completely and provide the name and address for service of the person asserting the parental claim and set forth the approximate date the child was left in a safe haven or in a safe haven through a newborn safety device. The form must be signed by the person claiming the parental right and be witnessed before a notary public. The department shall record the date and time the claim of parental rights is filed with the department. The claim shall be deemed to be duly filed with the department as of the date and time recorded on the claim by the department. To be valid, a claim of parental rights must be filed before an order terminating parental rights is entered by the court. A parent that fails to file a claim of parental rights prior to entry of an order terminating their parental rights is deemed to have abandoned the child and waived and surrendered any right in relation to the child, including the right to notice of any judicial proceeding in connection with the termination of parental rights or adoption of the child. Registration of notice of commencement of paternity proceedings pursuant to chapter 15, title 16, Idaho Code, shall not satisfy the requirements of this section.

(2) Prior to the time set for hearing on the petition to terminate parental rights filed by the department of health and welfare, and prior to entry of an order terminating parental rights by the court, the department of health and welfare shall obtain and file with the court a certificate from the vital statistics unit of the department of health and welfare, signed by the state registrar of vital statistics, which certificate shall state that a diligent search has been made of the registry of claims of parental rights of abandoned children, abandoned pursuant to this chapter, and shall set forth the results of that search.

(3) If a claim of parental rights is made before an order terminating parental rights is entered by the court, notice pursuant to section 16-2007, Idaho Code, will be required and the court shall hold the action for involuntary termination of parental rights in abeyance for a period of time not to exceed sixty (60) days unless otherwise ordered by the court. During that period:

(a) The court shall order genetic testing to establish maternity or paternity, at the expense of the person or persons claiming the parental right.

(b) The department of health and welfare shall conduct an investigation pursuant to section 16-2008, Idaho Code, and in those cases where a guardian ad litem has been appointed, the guardian ad litem shall have all rights, powers and duties as provided for in chapter 16, title 16, Idaho Code, and as provided for in chapter 20, title 16, Idaho Code.

(c) When indicated as a result of the investigation, a shelter care hearing shall be conducted by the court in accordance with section 16-1615, Idaho Code, within forty-eight (48) hours, or at an earlier time if ordered by the court, to determine whether the child should remain in the physical custody of the department or be released to a parent or other third party.

(d) Further proceedings shall be conducted as the court determines appropriate. However, where a claim of parental rights is made before an order terminating parental rights is entered by the court, a parent shall not be found to have neglected or abandoned a child placed in accordance with this chapter solely because the child was left with a safe haven.

(4) If there is no showing that a parent has claimed a parental right to the child, the department of health and welfare shall file with the court a certificate from the vital statistics unit of the department of health and welfare, signed by the state registrar of vital statistics, stating that a diligent search has been made of the registry of parental claims for children abandoned pursuant to the provisions of this chapter and that no parental claim has been made. The certificate shall be filed with the court prior to the entrance of the final order of termination of parental rights.

History:

[(39-8206) 39-8106, added 2001, ch. 357, sec. 1, p. 1255; am. and redesig. 2005, ch. 25, sec. 73, p. 109; am. and redesig. 2005, ch. 391, sec. 57, p. 1313; am. 2015, ch. 141, sec. 101, p. 451; am. 2024, ch. 115, sec. 4, p. 497.]
Idaho Code § 39-4440 — Idaho Code / Title 39 / Chapter 44 / Section 39-4440
39-4440 CERTIFICATION OF CITY, COUNTY, OR HEALTH DISTRICT.
Status: in_force

39-4440. CERTIFICATION OF CITY, COUNTY, OR HEALTH DISTRICT. (1) The director may certify a city, county, or health district to administer and enforce portions of this chapter to the extent consistent with maintaining authorization of the state's hazardous waste management program pursuant to chapter 44, title 31, Idaho Code.

(2) The director may rescind certification upon the request of the certified city, county, or health district or after reasonable notice and hearing if the director finds that a city, county, or health district is not administering and enforcing the provisions of this chapter as required.

(3) Certification procedures may be established by rule, subject to legislative approval.

History:

[39-4440, added 2026, ch. 89, sec. 16, p. 475.]
Idaho Code § 39-6105 — Idaho Code / Title 39 / Chapter 61 / Section 39-6105
39-6105 DEFINITIONS.
Status: in_force

39-6105. Definitions. As used in this chapter:

(1) "Applicant" means a health care facility that seeks to employ a physician and is requesting state support of a J-1 visa waiver or national interest waiver.

(2) "Area of underservice" means a health professional shortage area in primary care or mental health, a medically underserved area, or a medically underserved population federally designated by the secretary of health and human services.

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

(4) "Employment contract" means a legally binding agreement between the applicant and the physician named in the J-1 visa waiver or national interest waiver application that contains all terms and conditions of employment, including but not limited to the salary, benefits, length of employment and any other consideration owing under the agreement. The employment contract must meet all state and federal criteria, including labor and immigration rules.

(5) "Federal fiscal year" means the twelve (12) months that commence the first day of October in each year and close on the thirtieth day of September of the following year.

(6) "Flex" means the applications that may be submitted six (6) months following the beginning of each federal fiscal year for J-1 visa waiver physicians to work in areas without a federal shortage area designation.

(7) "Full time" means a working week of a minimum of forty (40) hours at one (1) or more health care facilities.

(8) "Health care facility" means an entity with an active Idaho taxpayer identification number doing business or proposing to do business in the practice location where the physician would be employed, whose stated purposes include the delivery of primary medical or mental health care.

(9) "Interested government agency" means an agency that has the authority from the United States department of state to submit requests for J-1 visa waivers of foreign physician petitioners on behalf of public interest.

(10) "J-1 visa" means an entrance permit into the United States for a foreign trained physician who is a nonimmigrant admitted under section 101(a)(15)(J) of the United States immigration and nationality act or who acquired such status or who acquired exchange visitor status under the act.

(11) "J-1 visa waiver" means a federal action that waives the requirement for a foreign physician in the United States on a J-1 visa to return to his home country for a two (2) year period following medical residency training.

(12) "National interest waiver" means an exemption from the labor certification process administered by the United States department of labor for foreign physicians whose will to stay in the United States and work in an area of underservice in Idaho is determined to be in the public interest by the Idaho department of health and welfare.

(13) "New start" means a health care facility, as defined in subsection (8) of this section, that has been in existence for twelve (12) months or less.

(14) "Petitioning physician" means the foreign physician, named in the J-1 visa waiver or national interest waiver application, who requires a waiver to remain in the United States to practice medicine.

(15) "Primary care" means a medical doctor or doctor of osteopathy licensed in pediatrics, family medicine, internal medicine, obstetrics, gynecology, general surgery or psychiatry.

(16) "Specialist" means a medical doctor or doctor of osteopathy in any specialty or subspecialty other than pediatrics, family medicine, internal medicine, obstetrics, gynecology, general surgery or psychiatry.

(17) "Unmet need" means a vacancy or shortage of primary care or specialist physicians experienced by a community or population, as defined by federally designated health professional shortage areas or medically underserved areas/populations or as demonstrated by additional data and information required by the department.

(18) "Vacancy" means a full-time physician practice opportunity in the delivery of health care services.

History:

[39-6105, added 2004, ch. 128, sec. 1, p. 438; am. 2009, ch. 106, sec. 5, p. 326; am. 2014, ch. 61, sec. 1, p. 144; am. 2017, ch. 72, sec. 2, p. 172; am. 2023, ch. 31, sec. 2, p. 150.]
Idaho Code § 39-4106 — Idaho Code / Title 39 / Chapter 41 / Section 39-4106
39-4106 IDAHO BUILDING CODE BOARD CREATED — MEMBERSHIP — APPOINTMENT — TERMS — QUORUM — COMPENSATION — MEETINGS.
Status: in_force

39-4106. Idaho building code board created — Membership — Appointment — Terms — Quorum — Compensation — Meetings. (1) The Idaho building code board is established within the division of occupational and professional licenses as an appeals, code adoption, and rulemaking board, to be appointed by the governor, and shall consist of ten (10) members: one (1) member of the general public; one (1) local fire official; one (1) licensed engineer; one (1) licensed architect; two (2) local building officials, one (1) from a county and one (1) from a city; two (2) building contractors, one (1) residential contractor who is an active member of the Idaho building contractors association with construction knowledge based primarily on a work history of buildings regulated by the International Residential Code, and one (1) commercial contractor who is an active member of either the associated builders and contractors or the associated general contractors of America with construction knowledge based primarily on a work history of buildings regulated by the International Building Code; one (1) representative of the modular building industry; and one (1) individual with a disability from an organization that represents people with all types of disabilities. Board members shall be appointed for terms of four (4) years and until their successor has been appointed. Three (3) consecutive failures by a member to attend meetings of the board without reasonable cause shall constitute cause for removal of the member from the board by the governor. Whenever a vacancy occurs, the governor shall appoint a qualified person to fill the vacancy for the unexpired portion of the term.

(2) The members of the board shall, at their first regular meeting following the effective date of this chapter and every two (2) years thereafter, elect, by majority vote of the members of the board, a chairman who shall preside at meetings of the board. A majority of the currently appointed members of the board shall constitute a quorum.

(3) Each member of the board not otherwise compensated by public moneys shall be compensated as provided by section 59-509(n), Idaho Code, for each day spent in attendance at meetings of the board.

(4) The board shall meet for regular business sessions at the call of the administrator, chairman, or at the request of four (4) members of the board, provided that the board shall meet at least biannually.

History:

[39-4106, added 1975, ch. 180, sec. 2, p. 486; am. 1980, ch. 247, sec. 39, p. 611; am. 1983, ch. 153, sec. 3, p. 410; am. 1986, ch. 304, sec. 1, p. 755; am. 1988, ch. 264, sec. 14, p. 531; am. 1995, ch. 267, sec. 10, p. 861; am. 2000, ch. 465, sec. 2, p. 1440; am. 2001, ch. 151, sec. 1, p. 547; am. 2002, ch. 345, sec. 8, p. 969; am. 2009, ch. 173, sec. 1, p. 551; am. 2012, ch. 36, sec. 1, p. 107; am. 2021, ch. 222, sec. 2, p. 622.]
Idaho Code § 39-8812 — Idaho Code / Title 39 / Chapter 88 / Section 39-8812
39-8812 SEVERABILITY.
Status: in_force

39-8812. 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 remaining portions of this chapter.

History:

[39-8812, added 2007, ch. 29, sec. 1, p. 60.]
Idaho Code § 39-423 — Idaho Code / Title 39 / Chapter 4 / Section 39-423
39-423 BUDGET COMMITTEE OF PUBLIC HEALTH DISTRICT.
Status: in_force

39-423. Budget committee of public health district. The chairmen of the boards of county commissioners located within the public health district are hereby constituted as the budget committee of the public health district.

The district board will submit to the budget committee by the first Monday in June of each year the preliminary budget for the public health district and the estimated cost to each county, as determined by the provisions of section 39-424, Idaho Code.

On or before the first Monday in July, there will be held at a time and place determined by the budget committee a budget committee meeting and public hearing upon the proposed budget of the district. Notice of the budget committee meeting and public hearing shall be posted at least ten (10) full days prior to the date of said meeting in at least one (1) conspicuous place in each public health district to be determined by the district board of health. A copy of such notice shall also be published in the official newspaper or a generally circulated newspaper of each county of such public health district, in one (1) issue thereof, during such ten (10) day period. The place, hour and day of such hearing shall be specified in said notice, as well as the place where such budget may be examined prior to such hearing. A summary of such proposed budget shall be published with and as a part of the publication of such notice of hearing in substantially the form required by section 31-1604, Idaho Code.

On or before the first Monday in July, a budget for the public health district shall be agreed upon and approved by a majority of the budget committee. Such determination shall be binding upon all counties within the district and the district itself.

Nothing in this section shall prevent the chairman of a board of county commissioners from appointing a designee to represent him on the budget committee if the chairman is unable to attend the budget committee meeting, provided that the designee must be an elected county commissioner from the same county as the chairman of the board of county commissioners.

History:

[39-423, added 1970, ch. 90, sec. 16, p. 218; am. 1971, ch. 27, sec. 1, p. 71; am. 1973, ch. 29, sec. 14, p. 56; am. 1974, ch. 23, sec. 76, p. 633; am. 1974, ch. 58, sec. 1, p. 1134; am. 1977, ch. 77, sec. 1, p. 157; am. 1984, ch. 39, sec. 1, p. 65; am. 1986, ch. 63, sec. 7, p. 184; am. 1999, ch. 61, sec. 5, p. 161; am. 2021, ch. 336, sec. 7, p. 1025.]
Idaho Code § 39-1450A — Idaho Code / Title 39 / Chapter 14 / Section 39-1450A
39-1450A PERSONAL LIABILITY.
Status: in_force

39-1450A. Personal liability. Neither the members of the authority nor any person executing the bonds or notes shall be liable personally on the bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof.

History:

[I.C., sec. 39-1450A, as added by 1973, ch. 178, sec. 9, p. 393.]
Idaho Code § 39-7907 — Idaho Code / Title 39 / Chapter 79 / Section 39-7907
39-7907 LOCATION GUIDELINES.
Status: in_force

39-7907. Location guidelines. This section provides location guidelines for swine facilities regulated by this chapter. Where the location guidelines provide a specific setback distance, that distance is the minimum setback distance that may be imposed. Further setback distances shall be imposed as circumstances require.

(1) A swine facility regulated by this chapter shall not:

(a) Locate its closest waste facility within at least two (2) miles of any occupied residence not owned or leased by the owner or operator of the swine facility;

(b) Land apply liquid animal waste within at least one (1) mile of the nearest corner of an occupied residence not owned or leased by the owner or operator of the swine facility.

(2) The setback distances provided in subsection (1) of this section do not apply if the affected property owner executes a written waiver with the owner or operator of the swine facility, under terms and conditions that the parties may negotiate. The written waiver is effective when recorded in the offices of the recorder of deeds in the county in which the property is located. The recorded waiver shall preclude enforcement of the setback distances contained in subsection (1) of this section. A change in ownership of the applicable property or change in ownership of the swine facility does not affect the validity of the waiver.

(3) All distances between occupied residences and swine facilities shall be measured from the closest corner of the walls of the occupied residence to the closest point of the nearest waste structure or waste facility, as defined by the director.

(4) No liquid animal waste may be land applied within at least one hundred (100) feet of an existing public or private drinking water well.

(5) The minimum distance from a waste structure or waste facility to a domestic well, public well or public water source shall be at least one (1) mile.

(6) Further, swine facilities shall not be located:

(a) In areas designated by the United States fish and wildlife service or the Idaho department of fish and game as critical habitat for endangered or threatened species of plants, fish or wildlife;

(b) So as to be at variance with any locally adopted land use plan or zoning requirement unless otherwise provided by local law or ordinance. If no land use plan has been adopted by the local government which would have land use jurisdiction pursuant to chapter 65, title 67, Idaho Code, the recommendations of the panel approving a site shall contain an analysis of the requirements and guidelines provided in this chapter. The analysis shall be accompanied by findings and conclusions, entered by the local government with jurisdiction after the local government has held a public hearing in accord with section 67-6509, Idaho Code, that the public interest would be served by locating a swine facility on the site for which approval is sought;

(c) No nearer than one (1) mile to any local, state or national park, or land reserved or withdrawn for scenic or natural use; and

(d) No nearer than two (2) miles to a school, church, hospital or community center.

(7) A swine facility active unit shall not be located:

(a) Within a one hundred (100) year flood plain;

(b) Within five hundred (500) feet upstream of a perennial stream or river;

(c) Within one thousand (1,000) feet of any perennial lake or pond;

(d) So as to cause any measurable impact on water quality limited streams;

(e) Within a wetland;

(f) Within two hundred (200) feet to the property line of adjacent land;

(g) Within two hundred (200) feet of a holocene fault or adjacent to geologic features which could compromise the structural integrity of a swine facility active unit unless the owner or operator demonstrates to the director that an alternative setback distance of less than two hundred (200) feet will prevent damage to the structural integrity of the swine facility unit and will be protective of human health and the environment. For the purposes of this subsection:

(i) "Fault" means a fracture or a zone of fractures in any material along which strata on one (1) side have been displaced with respect to that on the other side;

(ii) "Displacement" means the relative movement of any two (2) sides of a fault measured in any direction;

(iii) "Holocene" means the most recent epoch of the quaternary period, extending from the end of the pleistocene epoch to the present.

(h) Within seismic impact zones, unless the owner or operator demonstrates to the director that all swine facility active units and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site. The owner or operator must place the demonstration in the operating record and notify the director that it has been placed in the operating record. For the purposes of this section:

(i) "Seismic impact zone" means an area with a ten percent (10%) or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a percentage of the earth's gravitational pull (g), will exceed one-tenth (0.10g) in two hundred fifty (250) years;

(ii) "Maximum horizontal acceleration in lithified earth material" means the maximum expected horizontal acceleration depicted on a seismic hazard map, with a ninety percent (90%) or greater probability that the acceleration will not be exceeded in two hundred fifty (250) years, or the maximum expected horizontal acceleration based on a site-specific seismic risk assessment;

(iii) "Lithified earth material" means all rock, including all naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock that formed by crystallization of magma or by induration of loose sediments. This term does not include man-made materials, such as fill, concrete and asphalt, or unconsolidated earth materials, soil, or regolith lying at or near the earth's surface.

(i) On any site whose natural state would be considered unstable in that its undisturbed character would not permit establishment of a swine facility without unduly threatening the integrity of the design due to inherent site instability;

(j) Where the integrity of the site would be compromised by the presence of ground water which would interfere with construction or operation of the active unit.

History:

[39-7907, added 2000, ch. 268, sec. 1, p. 760; am. 2001, ch. 350, sec. 2, p. 1230.]
Idaho Code § 39-9209 — Idaho Code / Title 39 / Chapter 92 / Section 39-9209
39-9209 EFFECT OF THIS CHAPTER.
Status: in_force

39-9209. EFFECT OF THIS CHAPTER. This chapter does not prohibit health care providers who are not primary care providers from entering into agreements with patients to the extent such agreements do not violate the provisions of title 41, Idaho Code.

History:

[39-9209, added 2015, ch. 291, sec. 1, p. 1166.]
Idaho Code § 39-5908 — Idaho Code / Title 39 / Chapter 59 / Section 39-5908
39-5908 RURAL HEALTH CARE ACCESS AND PHYSICIAN INCENTIVE APPLICATIONS REQUIRED.
Status: in_force

39-5908. rural health care access and physician incentive Applications required. (1) A completed grant application must be submitted by the applicant for the purpose of requesting a grant or contract, 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 and/or use other information known to it in making its decision.

(3) All rural health care access applications shall include:

(a) Geographical area of need;

(b) Individual or entity requesting funds;

(c) Narrative description of the methods to be used to address needs and demonstrate the potential of the project to improve access to health care services in the community;

(d) Identification of measurable goals, objectives to be used to reach the goals, and the resources necessary to complete each activity;

(e) Estimation of how long it will take to accomplish the individual activities of the project;

(f) Demonstrated community and organizational support for the project;

(g) County or local governmental endorsement;

(h) Operating budget including:

(i) Proportion of operating budget, if any, the applicant proposes to match with the rural health care access grant funds;

(ii) Documentation of one (1) or more vendor price quotes for all proposed equipment purchases;

(iii) Contact person for verification of fiscal information;

(i) Federal tax identification number; and

(j) Other information required by the board.

(4) All rural physician incentive applications shall:

(a) Be on a form prescribed by the rural health care access and physician incentive board; and

(b) Include a letter of support along with supporting documentation.

History:

[39-5908, added 2000, ch. 262, sec. 2, p. 737; am. 2012, ch. 44, sec. 10, p. 137.]
Idaho Code § 39-1320 — Idaho Code / Title 39 / Chapter 13 / Section 39-1320
39-1320 ORGANIZATION OF HOSPITAL DISTRICT — PETITION — CONTENTS — FILING.
Status: in_force

39-1320. Organization of hospital district — Petition — Contents — Filing. The organization of a hospital district shall be initiated by a petition filed with the board of county commissioners of the county of which the said district is situated. Said petition shall be signed by not less than ten per cent (10%) of the qualified electors and taxpayers of the proposed district. The equalized county assessment list last preceding the presentation of the petition for the organization of the hospital district shall be sufficient evidence of the title for the purpose of this act, but other evidence may be received.

The petition shall set forth:

(1) The name of the proposed district consisting of a chosen name preceding the words "hospital district".

(2) A general statement of the purpose of the formation of said district.

(3) A general description of the boundaries of the district or territory to be included therein with such certainty to enable a property owner to determine whether or not his property is within the district.

(4) A map showing the general boundaries of such district in relation to outstanding natural monuments and terraine features.

(5) A prayer for the organization of the district.

Similar petitions or duplicate copies of the same petition for the organization of the same district may be filed and shall together be regarded as one (1) petition. All petitions filed prior to the hearing on the first petition filed shall be considered by the board the same as though filed with the first petition placed on file.

Provided, however, that no such district shall be organized unless it shall appear that the boundaries of said district are wholly within the limits of a single county and that there shall be no unnatural extension of the boundaries of said district.

The petition together with all maps and other papers filed therewith shall at all proper hours be open to public inspection in the office of the clerk of the board of county commissioners between the date of their said filing and the date of an election to be held as hereinafter provided.

History:

[39-1320, added 1965, ch. 173, sec. 3, p. 340.]
Idaho Code § 39-4439 — Idaho Code / Title 39 / Chapter 44 / Section 39-4439
39-4439 LOCAL RESTRICTIONS ON HAZARDOUS WASTE FACILITIES.
Status: in_force

39-4439. LOCAL RESTRICTIONS ON HAZARDOUS WASTE facilities. An ordinance, permit requirement, or other requirement of a city or county shall not prohibit the construction of a hazardous waste facility in that city or county.

History:

[39-4439, added 2026, ch. 89, sec. 15, p. 475.]
Idaho Code § 39-3618 — Idaho Code / Title 39 / Chapter 36 / Section 39-3618
39-3618 RESTRICTION PROVISIONS FOR NEW NONPOINT SOURCE ACTIVITIES ON OUTSTANDING RESOURCE WATERS.
Status: in_force

39-3618. Restriction provisions for new nonpoint source activities on outstanding resource waters. No person shall conduct a new or substantially modify an existing nonpoint source activity that can reasonably be expected to lower the water quality of an outstanding resource water, except for short-term or temporary nonpoint source activities which do not alter the essential character or special uses of a segment, issuance of water rights permits or licenses, allocation of water rights, or operation of water diversions or impoundments.

History:

[39-3618, added 1995, ch. 352, sec. 1, p. 1176.]
Idaho Code § 39-3321 — Idaho Code / Title 39 / Chapter 33 / Section 39-3321
39-3321 QUALIFICATIONS AND REQUIREMENTS OF ADMINISTRATOR.
Status: in_force

39-3321. Qualifications and requirements of administrator. (1) Each residential care or assisted living facility must employ at least one (1) administrator licensed by the division of occupational and professional licenses, which is responsible for licensing residential care facility administrators for the state of Idaho. Up to three (3) multiple facilities under one (1) administrator will be allowed by the department.

(2) The administrator or the administrator's designee is responsible for:

(a) Ensuring that policies and procedures are developed and implemented to comply with this chapter;

(b) Ensuring that adult protective services and law enforcement are notified when required pursuant to sections 39-5303 and 39-5310, Idaho Code;

(c) Ensuring that facility procedures for investigation of complaints, incidents, accidents, and allegations of abuse, neglect, or exploitation are implemented to ensure resident safety;

(d) Identifying and monitoring patterns of accidents, incidents, or complaints and developing interventions to prevent recurrences;

(e) Completing an investigation and written report of the findings within thirty (30) calendar days for each accident, incident, complaint, or allegation of abuse, neglect, or exploitation;

(f) Being reachable and available at all times; and

(g) Ensuring that no personnel providing hands-on care or supervision services is under seventeen (17) years of age, unless such personnel have completed a certified nursing assistant certification course.

(3) The administrator or the administrator's designee must be notified of all serious incidents, accidents, or allegations of abuse, neglect, or exploitation immediately and notified of complaints regarding health and safety issues within one (1) business day.

(4) When abuse, neglect, exploitation, incidents, or accidents occur, corrective action shall be immediately taken and monitored to ensure the problem does not recur.

(5) When a reportable incident occurs, the administrator or administrator's designee shall notify the licensing agency within one (1) business day of the incident.

(6) The facility shall notify the licensing agency, in writing, within three (3) business days of a change of administrator.

History:

[39-3321, added 1990, ch. 116, sec. 2, p. 251; am. 1996, ch. 207, sec. 15, p. 642; am. 2000, ch. 274, sec. 25, p. 820; am. 2003, ch. 201, sec. 1, p. 529; am. 2005, ch. 280, sec. 16, p. 892; am. 2022, ch. 94, sec. 3, p. 281; am. 2025, ch. 208, sec. 11, p. 944.]
Idaho Code § 39-6716 — Idaho Code / Title 39 / Chapter 67 / Section 39-6716
39-6716 REGIONAL FUND.
Status: in_force

39-6716. Regional fund. There is hereby created in the state treasury a dedicated fund known as the "Regional Air Quality Trust Fund" which shall be referred to as the regional fund. Moneys in the regional fund may come from grants, gifts, donations, use fees or such other sources as may be authorized by the legislature. Moneys in the fund shall be used exclusively for the purpose of fulfillment of the statutorily-required duties of a regional air quality council. Moneys in the fund may only be expended as authorized by a resolution duly adopted by a majority of a council.

History:

[39-6716, added 2005, ch. 206, sec. 1, p. 621.]
Idaho Code § 39-1454 — Idaho Code / Title 39 / Chapter 14 / Section 39-1454
39-1454 CONVEYANCE OF TITLE TO INSTITUTION.
Status: in_force

39-1454. Conveyance of title to institution. When the principal of (an) and interest on bonds issued by the authority to finance the cost of facilities or to refinance outstanding indebtedness of one or more participating health institutions, including any refunding bonds issued to refund and refinance such bonds, have been fully paid and retired or when adequate provision has been made to fully pay and retire the same, and all other conditions of the resolution, the lease, the trust indenture and the mortgage or deed of trust or any other form of security arrangement, if any, authorizing and securing the same have been satisfied and the lien of such mortgage or deed of trust or any other form of security arrangement has been released in accordance with the provisions thereof, the authority shall promptly do all things and execute such deeds and conveyances and other documents as are necessary and required to convey its right, title and interest in such facilities so financed, and any other facilities mortgaged or subject to deed of trust or any other form of security arrangement to secure the bonds, to such participating health institution or institutions.

History:

[39-1454, added 1972, ch. 134, sec. 14, p. 286; am. 1976, ch. 183, sec. 8, p. 667.]
Idaho Code § 39-1355 — Idaho Code / Title 39 / Chapter 13 / Section 39-1355
39-1355 EXISTING TAX SUPPORTED HOSPITALS MAY CONSOLIDATE.
Status: in_force

39-1355. Existing tax supported hospitals may consolidate. The ownership and operation of any municipal, city/county, county, district, or tax supported community hospital or medical clinic may be consolidated with an established hospital district by majority vote of the qualified electors of the established hospital district and of the political subdivision having jurisdiction over such other tax supported hospital according to procedure set forth in section 39-1354, Idaho Code. A true copy of the petition and the established hospital district board's notice of approval or disapproval shall be sent to the governing body of the political subdivision having jurisdiction over a petitioning hospital. A true copy of that petition shall, at the same time, be sent to the governing body of the nonpetitioning hospital. When the notice carries the approval of the boards, or other governing bodies of both hospitals, that governing body shall conduct the election and give notice of the results to the hospital district board and the relevant boards of county commissioners as provided in section 39-1354, Idaho Code. As a result of any such consolidation, the boundaries of the hospital district remaining after consolidation shall be expanded to include the political subdivision which previously had jurisdiction over the consolidated hospital or medical clinic.

History:

[39-1355, added 1993, ch. 137, sec. 4, p. 339.]
Idaho Code § 39-6001 — Idaho Code / Title 39 / Chapter 60 / Section 39-6001
39-6001 CHILDREN'S TRUST FUND BOARD — CREATION.
Status: in_force

39-6001. Children's trust fund board — Creation. (1) There is hereby created within the department of health and welfare a children's trust fund and a children's trust fund board to administer the children's trust fund.

(2) The children's trust fund board shall consist of a chairperson and nine (9) other members as follows:

(a) The chairperson and six (6) other members of the board shall be appointed by the governor and shall be selected for their interest and expertise in the prevention of child abuse. There shall be one (1) board member appointed from each of the seven (7) judicial districts of the state as enumerated in chapter 8, title 1, Idaho Code. Members shall be appointed to serve for three (3) year terms. Vacancies shall be filled for any unexpired term by appointment in the same manner as the original appointments were made.

(b) The superintendent of public instruction, the attorney general, and the director of the department of health and welfare or their designees shall be members and shall serve as voting members of the children's trust fund board.

(3) A quorum of the children's trust fund board shall consist of a majority of its members which quorum must be present in order to conduct any business.

(4) The chairperson of the children's trust fund board shall have no vote except in the event of a tie vote of a quorum of the members of the board.

(5) Board members shall be compensated as provided in section 59-509(b), Idaho Code.

(6) Members of the children's trust fund board shall serve until a successor has been appointed but may be removed by the appointing official for misconduct or failure to carry out the duties provided in this chapter.

History:

[39-6001, added 1985, ch. 31, sec. 2, p. 60; am. 2002, ch. 292, sec. 2, p. 841; am. 2014, ch. 52, sec. 1, p. 129.]
Idaho Code § 39-6501 — Idaho Code / Title 39 / Chapter 65 / Section 39-6501
39-6501 DEFINITIONS.
Status: in_force

39-6501. Definitions. As used in this chapter:

(1) "City" means the city where the waste tire storage site is located.

(2) "County" means the county where the waste tire storage site is located.

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

(4) "Dispose" means to drop, deposit, dump, spill or permanently place any waste tire onto or under the ground or into the waters of this state, or to own or control property where waste tires are dropped, deposited, dumped, spilled or permanently placed onto or under the ground or into the waters of this state.

(5) "Existing waste tire storage site" means any property storing waste tires prior to recycle, reuse, or final disposal as of July 1, 2003, regardless of whether the owner or operator possesses a permit or other written city or county authorization authorizing the storage of waste tires at the property.

(6) "Mining waste tire" means a waste tire which is greater than fifty-four (54) inches in diameter which was used in mining operations. Mining waste tires may be disposed of by burial. The department of lands shall prepare guidelines to govern the burial of mining waste tires.

(7) "Motor vehicle" means any automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination or other vehicle operated on the roads of this state, used to transport persons or property and propelled by power other than muscular power, but motor vehicle does not include bicycles.

(8) "New waste tire storage site" means any property that is not storing waste tires as of July 1, 2003, and applies for and receives a permit or other written city or county authorization to store waste tires prior to recycle, reuse or final disposal on or after July 1, 2003.

(9) "Operator" means any person presently, or who was during any period of waste tire storage or disposal, in control of, or having responsibility for a waste tire storage site or a waste tire disposal site.

(10) "Owner" means a person who owned a waste tire storage site or disposal site at any time waste tires are stored or disposed at the property, and the current owner of the waste tire storage site or waste tire disposal site.

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

(12) "Retail tire dealer" means any person actively engaged in the business of selling new, used, or retread replacement tires at the retail level.

(13) "Store" or "storage" means to accumulate more than two hundred (200) waste tires at any time, in a manner that does not constitute final disposal at a waste tire disposal site, or to own or control property on which more than two hundred (200) waste tires accumulate at any given time, in a manner that does not constitute final disposal at a waste tire disposal site. The following activities shall not constitute "storing" or "storage" of waste tires:

(a) A retail tire dealer collecting less than one thousand five hundred (1,500) waste tires at any point in time for each retail business location.

(b) A tire retreader collecting less than three thousand (3,000) waste tires at any point in time for each individual retread operation so long as the waste tires are of the type the retreader is actively retreading.

(c) A wrecking salvage business collecting less than one thousand five hundred (1,500) waste tires for each retail business location.

(d) A waste tire disposal site collecting waste tires for disposal at the site in accordance with the site's approved operating plan.

(e) A wholesale tire dealer collecting less than one thousand five hundred (1,500) waste tires at any point in time for each wholesale business location.

(f) An approved solid waste transfer station or solid waste landfill collecting less than one thousand five hundred (1,500) waste tires prior to transfer to an approved waste tire storage or disposal site.

(g) A farm or livestock operation which utilizes waste tires to secure farm or livestock silage or wastes provided the total number of waste tires shall not exceed one thousand five hundred (1,500).

(h) A permitted facility storing tires for an approved beneficial use.

(14) "Tire" has the meaning provided in section 49-121, Idaho Code.

(15) "Tire retreader" means any person actively engaged in the business of retreading tires by scarifying the surface to remove the old surface tread and attaching a new tread to make a usable tire.

(16) "Transport" or "transporting" means picking up or hauling waste tires.

(17) "Waste tire" means a motor vehicle tire originally used for operation of a vehicle on a public roadway which is no longer suitable for its original intended purpose because of wear, damage or defect.

(18) "Waste tire storage site" means a new or existing waste tire storage site.

(19) "Waste tire disposal site" means a public or private municipal solid waste landfill operating in compliance with section 39-6503, Idaho Code.

(20) "Wholesale tire dealer" means any person engaged in the business of selling new replacement tires to tire retailers.

(21) "Wrecking salvage business" means any establishment or place of business which is maintained, used, or operated, for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.

History:

[39-6501, added 1991, ch. 308, sec. 1, p. 808; am. 1993, ch. 375, sec. 1, p. 1373; am. 2001, ch. 103, sec. 57, p. 298; am. 2003, ch. 281, sec. 1, p. 758.]
Idaho Code § 39-3907 — Idaho Code / Title 39 / Chapter 39 / Section 39-3907
39-3907 REFERRAL TO THE EVALUATION COMMITTEE.
Status: in_force

39-3907. Referral to the evaluation committee. The court shall refer the petition to the evaluation committee for review and recommendation.

History:

[39-3907, added 2003, ch. 189, sec. 2, p. 513.]
Idaho Code § 39-118E — Idaho Code / Title 39 / Chapter 1 / Section 39-118E
39-118E SMALL BUSINESS ASSISTANCE.
Status: in_force

39-118E. Small business assistance. The department shall implement a small business assistance program as required in 42 U.S.C. 7661a.

History:

[39-118E, added 1993, ch. 275, sec. 8, p. 937; am. 2021, ch. 321, sec. 18, p. 964.]
Idaho Code § 39-4129 — Idaho Code / Title 39 / Chapter 41 / Section 39-4129
39-4129 SEVERABILITY.
Status: in_force

39-4129. Severability. If any portion of this act, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this act, or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.

History:

[I.C., sec. 39-4129, as added by 1975, ch. 180, sec. 2, p. 486.]
Idaho Code § 39-9106 — Idaho Code / Title 39 / Chapter 91 / Section 39-9106
39-9106 BEHAVIORAL HEALTH COMMUNITY CRISIS CENTER FUNDING.
Status: in_force

39-9106. BEHAVIORAL HEALTH COMMUNITY CRISIS CENTER FUNDING. Subject to appropriation by the legislature, the department shall be responsible for administering, allocating and distributing all appropriations from the legislature for crisis centers.

History:

[39-9106, added 2014, ch. 131, sec. 1, p. 366.]
Idaho Code § 39-1392d — Idaho Code / Title 39 / Chapter 13 / Section 39-1392d
39-1392d PROPERTY OF HEALTH CARE ORGANIZATION.
Status: in_force

39-1392d. Property of health care organization. All peer review records of a health care organization shall be the property of the health care organization concerned which obtains or compiles the same. A health care organization may provide peer review records to persons or entities that perform accreditation, certification or quality assurance review or evaluation of the health care organization. The provision of any peer review records to such persons or entities shall not be deemed to be a waiver by the health care organization of any peer review privilege. Persons and entities receiving peer review records shall preserve the confidential privileged character thereof and such persons and entities shall not be subject to subpoena or order compelling production of peer review records. Nothing in this section shall be deemed to require the health care organization to provide persons or entities with peer review records. A health care organization may provide peer review records to persons or entities with whom the health care organization is affiliated through any common ownership interest or by contract, which affiliation or contract includes the person's or entity's involvement in the peer review process or the provision of any management or administrative services to the health care organization. The provision of peer review records to such persons or entities shall not be deemed to be a waiver by the health care organization of any peer review privilege. Such persons and entities receiving peer review records shall preserve the confidential privileged character thereof, and such persons and entities shall not be subject to any subpoena or order compelling production of peer review records. Nothing in this section shall be deemed to require the health care organization to provide such persons or entities with peer review records. This section shall in no way impair the rights of individuals conducting such research or studies in the exercise of any right or the discharge of any legitimate responsibility which they may have in connection with such research or studies and the results thereof. Nothing in this act shall be construed as restricting or altering the rights of inspection and copying by patients and their duly authorized representatives with respect to such patients' official patient care records, which right of copying and inspection and use of patient care records and their contents in appropriate judicial proceedings is unaltered by this enactment.

History:

[39-1392d, added 1973, ch. 265, sec. 5, p. 545; am. 1997, ch. 171, sec. 5, p. 488; am. 2003, ch. 244, sec. 4, p. 631.]
Idaho Code § 39-4503 — Idaho Code / Title 39 / Chapter 45 / Section 39-4503
39-4503 PERSONS WHO MAY CONSENT TO THEIR OWN CARE.
Status: in_force

39-4503. Persons who may consent to their own care. Any person, including one who is developmentally disabled and not a respondent as defined in section 66-402, Idaho Code, who comprehends the need for, the nature of, and the significant risks ordinarily inherent in any contemplated health care services is competent to consent thereto on his or her own behalf. Any health care provider may provide such health care services in reliance upon such a consent.

History:

[(39-4503) 39-4502, added 2005, ch. 120, sec. 2, p. 381; am. and redesig. 2007, ch. 196, sec. 3, p. 581; am. 2012, ch. 302, sec. 3, p. 827; am. 2017, ch. 273, sec. 1, p. 713; am. 2023, ch. 307, sec. 3, p. 924.]
Idaho Code § 39-1390 — Idaho Code / Title 39 / Chapter 13 / Section 39-1390
39-1390 REPORTS TO LAW ENFORCEMENT AGENCIES OF CERTAIN TYPES OF INJURIES.
Status: in_force

39-1390. Reports to law enforcement agencies of certain types of injuries. (1) As soon as treatment permits, any person operating a hospital or other medical treatment facility, or any physician, resident on a hospital staff, intern, physician assistant, nurse or emergency medical technician, shall notify the local law enforcement agency of that jurisdiction upon the treatment of or request for treatment of a person when the reporting person has reason to believe that the person treated or requesting treatment has received:

(a) Any injury inflicted by means of a firearm; or

(b) Any injury indicating that the person may be a victim of a criminal offense.

(2) The report provided to the law enforcement agency pursuant to subsection (1) of this section shall include the name and address of the injured person, the character and extent of the person's injuries, and the medical basis for making the report. Provided however, that when an adult injured person is being seen for the purposes of administration of an anonymous sexual assault evidence kit pursuant to section 67-2919, Idaho Code, the name, address, and any other personally identifying information of the adult injured person shall not be included in the report.

(3) Any person operating a medical facility, or any physician, resident on a hospital staff, intern, physician assistant, nurse or emergency medical technician, shall be held harmless from any civil liability for reasonable compliance with the provisions of this section.

History:

[39-1390, added 1991, ch. 167, sec. 1, p. 407; am. 1995, ch. 169, sec. 1, p. 652; am. 2019, ch. 280, sec. 1, p. 817.]
Idaho Code § 39-1447A — Idaho Code / Title 39 / Chapter 14 / Section 39-1447A
39-1447A PUBLIC SECURITIES OF HEALTH INSTITUTIONS — INTEREST EXCHANGE AGREEMENTS.
Status: in_force

39-1447A. Public securities of health institutions — Interest exchange agreements. (1) As used in this section:

(a) "Authorized entity" means any of the following entities: the authority, a county that has created a hospital board under chapter 36, title 31, Idaho Code, and that owns and operates a county hospital or health facility, or a hospital district created and existing under section 39-1331, et seq., Idaho Code, that owns and operates a hospital or health facility.

(b) "Public securities" means bonds, notes, debentures, interim certificates, bond anticipation notes, commercial paper, or other evidences of indebtedness, or lease, installment purchase, or other agreements, or certificates of participation therein, issued or entered into by or on behalf of an authorized entity in accordance with applicable law for the purpose of financing health institutions, and including specifically leases between the authority and counties authorized by section 31-836, Idaho Code; and between the authority and hospital districts authorized by section 39-1339, Idaho Code.

(2) An authorized entity that has issued or entered into, or proposes to issue or enter into, public securities may enter into an agreement for an exchange of payments based on interest rates or for a hedge of interest rates as provided in this section if the authorized entity finds that such an agreement would be in the best interest of the authorized entity.

(3) An authorized entity may enter into an agreement to exchange payments based on interest rates or to hedge interest rates only if:

(a) The long-term debt obligations of the person or entity with whom the authorized entity enters into the agreement are rated in either of the two (2) highest rating categories of a nationally recognized rating agency, without regard to any modification of the rating; or

(b) The obligations pursuant to the agreement of the person or entity with whom the authorized entity enters into the agreement are either:

(i) Guaranteed by a person or entity whose long-term debt obligations are rated in either of the two (2) highest rating categories of a nationally recognized rating agency, without regard to any modification of the rating; or

(ii) Collateralized by obligations deposited with the authorized entity or an agent of the authorized entity which would: (A) be legal investment for such authorized entity and is in either of the two (2) highest rating categories of a nationally recognized rating agency, without regard to any modification of the rating; and (B) have a market value at least equal to the amount the person or entity would be required to pay to the authorized entity if the agreement was terminated before its final payment date, excluding any costs, legal fees or consequential damages.

(4) An authorized entity may agree, with respect to public securities that the authorized entity has issued or entered into, or proposes to issue or enter into, bearing interest at a variable rate, to pay sums equal to interest at a fixed rate or rates or at a different variable rate determined pursuant to a formula set forth in the agreement on an amount not to exceed the principal amount of the public securities with respect to which the agreement is made, in exchange for an agreement to pay sums equal to interest on the same principal amount at a variable rate determined pursuant to a formula set forth in the agreement.

(5) An authorized entity may agree, with respect to public securities that the authorized entity has issued or entered into, or proposes to issue or enter into, bearing interest at a fixed rate or rates, to pay sums equal to interest at a variable rate determined pursuant to a formula set forth in the agreement on an amount not to exceed the outstanding principal amount of the public securities with respect to which the agreement is made, in exchange for an agreement to pay sums equal to interest on the same principal amount at a fixed rate or rates set forth in the agreement.

(6) An authorized entity may, with respect to public securities that the authorized entity has issued or entered into, or proposes to issue or enter into, bearing interest at a fixed rate or rates or at a variable rate or rates, or with respect to securities with respect to which it has entered into an interest rate exchange agreement as described in subsection (4) or (5) of this section, enter into an interest rate hedge agreement to hedge future interest rates including, without limitation, an interest rate cap agreement, an interest rate floor agreement or any combination thereof, on a specified principal sum in exchange for a sum of money or an agreement to pay sums equal to interest on the same principal amount at a fixed rate or rates or variable rate or rates set forth in the agreement.

(7) The term of an agreement entered into pursuant to this section must not exceed the term of the public securities with respect to which the agreement was made.

(8) An agreement entered into pursuant to this section is not a debt or indebtedness or liability of the authorized entity for the purposes of any limitation upon the debt or indebtedness or liability of the authorized entity or any requirement for an election with regard to the issuance of debt or indebtedness or liability that is applicable to the authorized entity.

(9) Limitations upon the rate of interest on a public security do not apply to interest paid pursuant to an agreement entered into pursuant to this section.

(10) An authorized entity which has entered into an agreement pursuant to this section with respect to those public securities may treat the amount or rate of interest on the public securities as the amount or rate of interest payable after giving effect to the agreement for the purpose of calculating:

(a) Rates and charges of a revenue-producing enterprise whose revenues are pledged to or used to pay public securities of the authorized entity;

(b) Statutory requirements concerning revenue coverage that are applicable to public securities of the authorized entity;

(c) Tax levies to pay debt service on public securities of the authorized entity; and

(d) Any other amounts which are based upon the rate of interest of public securities of the authorized entity.

(11) Subject to covenants applicable to the public securities, any payments required to be made by the authorized entity under the agreement may be made from money pledged to pay debt service on the public securities with respect to which the agreement was made or from any other legally available source.

History:

[39-1447A, added 2005, ch. 270, sec. 1, p. 832.]
Idaho Code § 39-1392b — Idaho Code / Title 39 / Chapter 13 / Section 39-1392b
39-1392b RECORDS CONFIDENTIAL AND PRIVILEGED.
Status: in_force

39-1392b. Records confidential and privileged. Except as provided in section 39-1392e, Idaho Code, all peer review records shall be confidential and privileged, and shall not be directly or indirectly subject to subpoena or discovery proceedings or be admitted as evidence, nor shall testimony relating thereto be admitted in evidence, or in any action of any kind in any court or before any administrative body, agency or person for any purpose whatsoever. No order of censure, suspension or revocation of licensure, or of a certification in the case of emergency medical services personnel, or health care organization privilege of any physician licensed to practice medicine in Idaho shall be admissible in any civil proceeding seeking damages or other civil relief against the physician, emergency medical services personnel, or health care organization which may be a defendant in said cause. However, this section shall not prohibit or otherwise affect the use of documents, materials or testimony in health care organization proceedings, nor shall it prohibit or otherwise affect the dissemination, for medical purposes, of information contained in such documents or materials or the conclusions and findings of such health care organization. This section shall not affect the admissibility in evidence in any action or proceeding of the patient care records of any patient.

History:

[39-1392b, added 1973, ch. 265, sec. 3, p. 545; am. 1997, ch. 171, sec. 3, p. 487; am. 2003, ch. 244, sec. 2, p. 630; am. 2004, ch. 134, sec. 2, p. 456.]
Idaho Code § 39-420 — Idaho Code / Title 39 / Chapter 4 / Section 39-420
39-420 CIVIL ACTIONS BY DISTRICT BOARD — ENFORCEMENT OF ACT — ABATEMENT OF NUISANCES.
Status: in_force

39-420. Civil actions by district board — Enforcement of act — Abatement of nuisances. The district board in its name shall commence and maintain all proper and necessary civil actions and proceedings to enforce the provisions of this act and the preservation and protection of the public and is specifically directed to abate nuisances when necessary for the purpose of elimination of sources of filth, infestations, infections, communicable diseases, health hazards, and conditions not compatible with the preservation and protection of the public health. Enforcement of a final determination of the district board shall be commenced by filing an action in the district court, by any party to the board action, the board, or the director, and the introduction of the final determination.

History:

[39-420, added 1970, ch. 90, sec. 12, p. 218; am. 1973, ch. 29, sec. 12, p. 56.]
Idaho Code § 39-4004 — Idaho Code / Title 39 / Chapter 40 / Section 39-4004
39-4004 INSPECTION AND ENFORCEMENT FEES — SCHEDULE AUTHORIZED.
Status: in_force

39-4004. Inspection and enforcement fees — Schedule authorized. (1) The administrator is authorized to establish a schedule of fees to pay the cost of inspection and enforcement of this chapter without recourse to tax subsidies. Such fee schedule shall be consistent with the actual cost of maintaining the program.

(2) The administrator shall be authorized to participate in the fee distribution system of the U.S. department of housing and urban development set out in 24 CFR 3282. The administrator shall establish a monitoring inspection fee in an amount established by the secretary of the U.S. department of housing and urban development. This monitoring inspection fee shall be an amount paid by each manufactured home manufacturer in the state for each manufactured home produced by the manufacturer in the state. This fee shall be in addition to any in-plant inspection agency (IPIA) fees assessed by the administrator, which shall be consistent with the actual cost of providing such inspections.

(3) The monitoring inspection fee shall be paid by the manufacturer to the secretary of the U.S. department of housing and urban development who shall distribute the fees collected from all manufactured home manufacturers among the approved and conditionally-approved states based on the number of new manufactured homes whose first location after leaving the manufacturing plant is on the premises of a distributor, dealer, or purchaser in that state.

History:

[39-4004, added 1971, ch. 70, sec. 5, p. 157; am. 1974, ch. 39, sec. 52, p. 1023; am. 1980, ch. 108, sec. 2, p. 246; am. 1988, ch. 264, sec. 5, p. 526; am. 2006, ch. 79, sec. 6, p. 239.]
Idaho Code § 39-3510 — Idaho Code / Title 39 / Chapter 35 / Section 39-3510
39-3510 SEPARABILITY.
Status: in_force

39-3510. Separability. If any section, subsection, paragraph, sentence, or any other part of this chapter is adjudged unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remainder of this chapter, but shall be confined to this section, subsection, paragraph, sentence, or any other part of this chapter directly involved in the controversy in which the judgment has been rendered.

History:

[(39-3510) 39-3579, added 1994, ch. 284, sec. 1, p. 890; am. and redesig. 2005, ch. 280, sec. 56, p. 911.]
Idaho Code § 39-401 — Idaho Code / Title 39 / Chapter 4 / Section 39-401
39-401 LEGISLATIVE INTENT.
Status: in_force

39-401. Legislative intent. (1) The various health districts, as provided for in this chapter, are not:

(a) A single department of state government unto themselves;

(b) A part of any of the twenty (20) departments of state government authorized by section 20, article IV, Idaho constitution;

(c) A part of the departments prescribed in section 67-2402, Idaho Code; or

(d) A department or an agency of county government.

(2) It is legislative intent that health districts operate and be recognized not as state or county agencies or departments but as governmental entities whose creation has been authorized by the state, much in the manner as other single-purpose districts. Pursuant to this intent, and because health districts are not state or county departments or agencies, health districts are exempt from the required participation in the services of the purchasing agent or employee liability coverage, as rendered by the department of administration. However, nothing shall prohibit the health districts from entering into contractual arrangements with the department of administration, or any other department of state government or an elected constitutional officer, for these or any other services.

(3) It is legislative intent to affirm the provisions of section 39-413, Idaho Code, and to affirm the participation of the health districts in the public employee retirement system, pursuant to section 39-426, Idaho Code, chapter 13, title 59, Idaho Code, and section 67-5333, Idaho Code.

(4) It is also legislative intent that the matters of location of deposit of health district funds, or the instruments or documents of payment from those funds, shall be construed as no more than items of convenience for the conduct of business and in no way reflect upon the nature or status of the health districts as entities of government.

(5) This section merely affirms that health districts created under this chapter are not state or county agencies and in no way changes the character of those agencies as they existed prior to this act.

(6) Public health districts will have the option to continue with agreements and service arrangements, including insurance arrangements, with state agencies that were effective prior to January 1, 2022, unless an agreement or service arrangement is expressly nullified by statute.

(7) Notwithstanding any other provision of law, a public health district may elect to participate in the comprehensive liability plan authorized by section 6-919, Idaho Code. A public health district making such election shall be considered a state department for purposes of risk management pursuant to chapter 57, title 67, Idaho Code, and the department of administration shall treat it as such. However, participation shall be subject to compliance with loss control policies adopted by the department of administration.

History:

[39-401, added 1976, ch. 179, sec. 1, p. 645; am. 1986, ch. 63, sec. 1, p. 180; am. 2021, ch. 336, sec. 2, p. 1021; am. 2022, ch. 222, sec. 1, p. 735.]
Idaho Code § 39-8704 — Idaho Code / Title 39 / Chapter 87 / Section 39-8704
39-8704 DEFINITIONS.
Status: in_force

39-8704. Definitions. As used in this chapter:

(1) "Claim" means any claim by or on behalf of a natural person as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person.

(2) "Food" means:

(a) Articles used for food or drink for persons or other animals;

(b) Chewing gum; and

(c) Articles used for components of any other such article.

(3) "Generally known obesity-related condition allegedly caused by or allegedly likely to result from long-term consumption" means an obesity-related condition generally known to result or to likely result from the cumulative effect of consumption and not from a single instance of consumption.

(4) "Knowing and willful violation" means:

(a) The conduct constituting the violation was committed with the intent to deceive or injure consumers or with actual knowledge that such conduct was injurious to consumers; and

(b) The conduct constituting the violation was not required by any law, regulation, order or rule of the United States, the state of Idaho, or any political subdivision thereof.

(5) "Person" means any individual, partnership, corporation, firm, association, governmental subdivision or agency, public or private organization or other legal entity.

History:

[39-8704, added 2004, ch. 380, sec. 1, p. 1141.]
Idaho Code § 39-3355B — Idaho Code / Title 39 / Chapter 33 / Section 39-3355B
39-3355B PLAN OF CORRECTION FOR CORE ISSUES.
Status: in_force

39-3355B. plan of correction for core issues. (1) The facility shall either accept the proposed plan of correction for core issues or develop and submit an acceptable plan of correction to the licensing agency within ten (10) business days of receipt of the written report of identified core issues. If an acceptable plan of correction is not submitted within the required time frame, the department may initiate or extend enforcement actions.

(2) An acceptable plan of correction shall include:

(a) A plan to ensure correction of each deficient practice and ongoing compliance;

(b) A description of how, and at what frequency, corrective actions will be monitored to ensure that each deficient practice is corrected and will not recur, such as what program will be put into place to monitor the continued effectiveness of the systemic change; and

(c) The completion date for correcting each deficiency. No correction date may be more than forty-five (45) days from the exit date printed on the written report except in unusual circumstances and only with the written approval of the licensing agency.

History:

[39-3355B, added 2025, ch. 208, sec. 19, p. 949.]
Idaho Code § 39-6302 — Idaho Code / Title 39 / Chapter 63 / Section 39-6302
39-6302 STATEMENT OF PURPOSE.
Status: in_force

39-6302. Statement of purpose. For purposes of this chapter, the legislature adopts by reference the declaration of policy in section 39-5201, Idaho Code. Additionally, the legislature finds that a significant number of homicides, aggravated assaults, and assaults and batteries occur within the home between adult members of families. Furthermore, research shows that domestic violence is a crime which can be deterred, prevented or reduced by legal intervention. Domestic violence can also be deterred, prevented or reduced by vigorous prosecution by law enforcement agencies and prosecutors and by appropriate attention and concern by the courts whenever reasonable cause exists for arrest and prosecution.

The purpose of this act is to address domestic violence as a serious crime against society and to assure the victims of domestic violence the protection from abuse which the law and those who enforce the law can provide.

It is the intent of the legislature to expand the ability of the courts to assist victims by providing a legal means for victims of domestic violence to seek protection orders to prevent such further incidents of abuse. It is the intent of the legislature that the official response to cases of domestic violence shall stress the enforcement of the laws to protect the victim and shall communicate the attitude that violent behavior in the home is criminal behavior and will not be tolerated. It is the intent of the legislature to presume the validity of protection orders issued by courts in all states, the District of Columbia, United States territories and all federally recognized Indian tribes within the United States, and to afford full faith and credit to those orders. The provisions of this chapter are to be construed liberally to promote these purposes.

History:

[39-6302, added 1988, ch. 341, sec. 1, p. 1013; am. 1989, ch. 136, sec. 1, p. 306; am. 1999, ch. 330, sec. 1, p. 888.]
Idaho Code § 39-5310 — Idaho Code / Title 39 / Chapter 53 / Section 39-5310
39-5310 REPORT TO LAW ENFORCEMENT — PROSECUTION.
Status: in_force

39-5310. Report to law enforcement — Prosecution. (1) If, as the result of any investigation initiated under the provisions of this chapter, it appears that the maltreatment has caused injury or a serious imposition on the rights of the vulnerable adult, the commission shall immediately notify the appropriate law enforcement agency, which shall initiate an investigation and shall determine whether criminal proceedings should be initiated against the caregiver or other persons in accordance with applicable state law. Notwithstanding the prohibition against disclosure of names of persons associated with the written report of an investigation as provided in section 39-5304, Idaho Code, the commission shall disclose names associated with the written report when notification is made as required in this section.

(2) The abuse, neglect, or exploitation of a vulnerable adult is a crime under section 18-1505, Idaho Code, and is subject to punishments provided in that section and other applicable state law.

(3) If at any time an APS provider has reasonable belief that maltreatment has caused serious injury or imposition on the rights of a vulnerable adult, the provider shall notify law enforcement within twenty-four (24) hours of obtaining the information on which the reasonable belief is based.

History:

[39-5310, added 1991, ch. 329, sec. 13, p. 853; am. 1996, ch. 78, sec. 8, p. 251; am. 1998, ch. 308, sec. 10, p. 1025; am. 2001, ch. 79, sec. 2, p. 200; am. 2005, ch. 166, sec. 3, p. 508; am. 2023, ch. 158, sec. 12, p. 435.]
Idaho Code § 39-907 — Idaho Code / Title 39 / Chapter 9 / Section 39-907
39-907 EXEMPTIONS.
Status: in_force

39-907. Exemptions. The provisions of this chapter shall not apply to any child whose parent or guardian:

(1) Objects on religious or other grounds, including philosophical or conscientious beliefs; or

(2) Submits 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 requirements of this chapter would endanger the life or health of the child.

History:

[(39-907) 39-912, added 1965, ch. 223, sec. 4, p. 510; am. and redesig. 2025, ch. 45, sec. 13, p. 220; am. 2026, ch. 199, sec. 1, p. 869.]
Idaho Code § 39-1453 — Idaho Code / Title 39 / Chapter 14 / Section 39-1453
39-1453 RENTS AND CHARGES.
Status: in_force

39-1453. Rents and charges. The authority is authorized to fix, revise, charge and collect rates, rents, fees and charges for the use of and for the services furnished or to be furnished by each facility and to contract with any person, partnership, association or corporation, or other body, public or private, in respect thereof. Such rates, rents, fees and charges shall be fixed and adjusted in respect of the aggregate of rates, rents, fees and charges from such facility so as to provide funds sufficient with other revenues or moneys available therefor, if any, to pay the cost of maintaining, repairing and operating the facility and each and every portion thereof, to the extent that the payment of such cost has not otherwise been adequately provided for, to pay the principal of and the interest on outstanding bonds or notes of the authority issued in respect of such facility as the same shall become due and payable, and to create and maintain reserves required or provided for in any resolution authorizing, or trust agreement securing, such bonds or notes of the authority. Such rates, rents, fees and charges shall not be subject to supervision or regulation by any department, commission, board, body, bureau or agency of this state other than the authority. A sufficient amount of the revenues derived in respect of a facility, except such part of such revenues as may be necessary to pay the cost of maintenance, repair and operation and to provide reserves and for renewals, replacements, extensions, enlargements and improvements as may be provided for in the resolution authorizing the issuance of any bonds or notes of the authority or in the trust agreement securing the same, shall be set aside at such regular intervals as may be provided in such resolution or trust agreement in a sinking or other similar fund which is hereby pledged to, and charged with, the payment of the principal of and the interest on such bonds or notes as the same shall become due, and the redemption price or the purchase price of bonds retired by call or purchase as therein provided. Such pledge shall be valid and binding from the time when the pledge is made; the rates, rents, fees and charges and other revenues or other moneys so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement nor any other agreement nor any lease by which a pledge is created need be filed or recorded except in the records of the authority. The use and disposition of moneys to the credit of such sinking or other similar fund shall be subject to the resolution authorizing the issuance of such bonds or notes or of such trust agreement. Except as may otherwise be provided in such resolution or such trust agreement, such sinking or other similar fund may be a fund for all such bonds or notes issued to finance facilities at a particular health institution without distinction or priority of one over another, provided the authority in any such resolution or trust agreement may provide that such sinking or other similar fund shall be the fund for a particular facility at a health institution and for the bonds issued to finance a particular facility and may, additionally, permit and provide for the issuance of bonds having a subordinate lien in respect of the security herein authorized to other bonds of the authority, and, in such case, the authority may create separate sinking or other similar funds in respect of such subordinate lien bonds.

History:

[39-1453, added 1973, ch. 178, sec. 13, p. 393.]
Idaho Code § 39-8203 — Idaho Code / Title 39 / Chapter 82 / Section 39-8203
39-8203 EMERGENCY CUSTODY OF CERTAIN ABANDONED CHILDREN — CONFIDENTIALITY — IMMUNITY.
Status: in_force

39-8203. Emergency custody of certain abandoned children — Confidentiality — Immunity. (1) A safe haven shall take temporary physical custody of a child, without court order, if the child is personally delivered to a safe haven or to a safe haven through a newborn safety device, provided that:

(a) The child is no more than thirty (30) days of age;

(b) The custodial parent delivers the child to the safe haven; and

(c) The custodial parent does not express an intent to return for the child.

(2) A hospital, fire station, law enforcement agency, or medical services provider that is staffed twenty-four (24) hours per day seven (7) days a week, without exception, may use a newborn safety device to accept surrendered newborn infants pursuant to this section if the device is:

(a) Physically part of the building of the hospital, fire station, law enforcement agency, or medical services provider;

(b) Temperature-controlled and ventilated for the safety of newborns;

(c) Equipped with a functional alarm system that automatically triggers an alarm inside the building when the newborn infant is placed in the device; and

(d) Located such that the interior point of access is in an area that is conspicuous and visible to the employees of the hospital, fire station, law enforcement agency, or medical services provider.

(3) If a safe haven takes temporary physical custody of a child pursuant to subsection (1) of this section, the safe haven shall:

(a) Perform any act necessary, in accordance with generally accepted standards of professional practice, to protect, preserve, or aid the physical health and safety of the child during the temporary physical custody, including but not limited to delivering the child to a hospital for care or treatment; and

(b) Immediately notify a peace officer or other person appointed by the court of the abandonment.

(4) The safe haven shall not inquire as to the identity of the custodial parent and, if the identity of a parent is known to the safe haven, the safe haven shall keep all information as to the identity confidential. The custodial parent leaving the child shall not be required to provide any information to the safe haven but may voluntarily provide information, including but not limited to Indian tribe membership or citizenship and medical history of the parent(s) or the child.

(5) A safe haven with responsibility for performing duties under this section, and any employee, doctor, or other personnel working at the safe haven, are immune from any civil or criminal liability that otherwise might result from their actions, if they are acting in good faith in receiving a child and performing duties under this section.

(6) A custodial parent may leave a child with a safe haven or with a safe haven through a newborn safety device in this state without being subjected to prosecution for abandonment pursuant to the provisions of title 18, Idaho Code, provided that the child was no more than thirty (30) days of age when it was left at the safe haven or at a safe haven through a newborn safety device, as determined within a reasonable degree of medical certainty.

History:

[(39-8203) 39-8103, added 2001, ch. 357, sec. 1, p. 1253; am. and redesig. 2005, ch. 25, sec. 70, p. 107; am. 2024, ch. 115, sec. 2, p. 496; am. 2025, ch. 127, sec. 2, p. 660.]
Idaho Code § 39-4120 — Idaho Code / Title 39 / Chapter 41 / Section 39-4120
39-4120 APPEALS TO BOARD — JUDICIAL REVIEW.
Status: in_force

39-4120. Appeals to board — Judicial review. The board shall, within twenty (20) days after receipt of notice for an appeal, hear such appeals brought before it by persons affected by any code, rule, regulation or decision applicable to buildings within the jurisdiction of the division. Such proceedings shall be governed by the provisions of chapter 52, title 67, Idaho Code. Final decisions of the board, other than code interpretations, are subject to judicial review in accordance with the provisions of chapter 52, title 67, Idaho Code.

History:

[39-4120, added 1975, ch. 180, sec. 2, p. 486; am. 1983, ch. 153, sec. 14, p. 416; am. 1993, ch. 216, sec. 26, p. 608; am. 2002, ch. 345, sec. 23, p. 974.]
Idaho Code § 39-1331 — Idaho Code / Title 39 / Chapter 13 / Section 39-1331
39-1331 POWERS AND DUTIES OF BOARD.
Status: in_force

39-1331. Powers and duties of board. For and on behalf of the district the board shall have the following powers:

a. To have and use a corporate seal.

b. To have perpetual existence.

c. To sue and be sued and be a party to suits, actions and proceedings.

d. To purchase, acquire, dispose of and encumber real and personal property and hold lands, buildings, and all types of property, make such contracts and purchases, acquire and hold such personal property as may be necessary or convenient for its purposes, provided, however, that before any real property of such district may be sold, notice thereof must be given by publication in a legal newspaper of general circulation in the county where such district is situated for three (3) consecutive weekly issues.

e. In addition to the other means providing revenue for such districts as herein provided, the board shall have the power and authority to levy and collect ad valorem taxes on and against all taxable property within the district, as hereinafter provided.

f. To borrow money and incur indebtedness and evidence the same by certificates, notes or debentures, and to issue bonds in accordance with the provisions of this act.

g. To refund any bonded indebtedness of the district without an election, provided, however, that the obligations of the district shall not be increased by any refund of bonded indebtedness. Otherwise the terms and conditions of refunding bonds shall be substantially the same as those of an original issue of bonds.

h. To have the management, control and supervision of all the business and affairs of the district, and the construction, installation, operation and maintenance of district improvements therein or therefor.

i. To hire and retain agents, employees, engineers and attorneys.

j. To have and exercise the power of eminent domain in manner provided by law for the condemnation of private property for public use; to take any property necessary to the exercise of the powers herein granted.

k. To adopt and amend by-laws not in conflict with the constitution and laws of the state for carrying on business, objects and affairs of the board and of the district.

l. To have and exercise all rights and powers necessary or incidental to, or implied from the specific powers granted herein, including the charging of reasonable rates for services rendered to patients of said hospital or medical clinic. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this act.

History:

[39-1331, added 1965, ch. 173, sec. 14, p. 340; am. 1976, ch. 132, sec. 3, p. 498.]
Idaho Code § 39-8003 — Idaho Code / Title 39 / Chapter 80 / Section 39-8003
39-8003 SCOPE.
Status: in_force

39-8003. Scope. This act shall apply to all facilities, existing now or constructed in the future, that are owned, leased or used for educational purposes by public school districts, charter schools, or a school for children in any grades kindergarten through twelve (12) that is operated by the state of Idaho receiving state funding. The authority granted under this act shall not prohibit local governments from acting to enforce applicable building and fire codes.

History:

[39-8003, added 2000, ch. 352, sec. 1, p. 1183; am. 2001, ch. 326, sec. 4, p. 1151.]
Idaho Code § 39-7402A — Idaho Code / Title 39 / Chapter 74 / Section 39-7402A
39-7402A EXCLUDED FACILITIES.
Status: in_force

39-7402A. Excluded facilities. This chapter shall not apply to any facility subject to the provisions of subtitle C of RCRA or the hazardous waste management act of 1983, as amended, chapter 44, title 39, Idaho Code.

History:

[(39-7402A) 1992, ch. 292, sec. 2, p. 892; am. and redesig. 1993, ch. 139, sec. 3, p. 345; am. 2026, ch. 89, sec. 18, p. 476.]
Idaho Code § 39-2609 — Idaho Code / Title 39 / Chapter 26 / Section 39-2609
39-2609 GENERAL PROHIBITIONS.
Status: in_force

39-2609. General prohibitions. It shall be unlawful for any person, except in compliance with this chapter, to:

(1) Alter any fireworks;

(2) Throw any fireworks from, into, or at a moving vehicle or at any person;

(3) Sell or use any fireworks at any time not permitted under this chapter;

(4) Use fireworks in any area that constitutes a severe fire threat based on the vegetative conditions during the current fire season as determined by the county commission or authority having jurisdiction, provided that notice of such areas is given in advance.

A violation of subsection (1) or (3) of this section shall constitute an infraction and shall be punishable by a fine of one hundred dollars ($100).

History:

[39-2609, added 1997, ch. 246, sec. 2, p. 714; am. 2015, ch. 222, sec. 1, p. 685.]
Idaho Code § 39-1326 — Idaho Code / Title 39 / Chapter 13 / Section 39-1326
39-1326 BOARD OF TRUSTEES OF DISTRICT — QUALIFICATIONS OF MEMBERS.
Status: in_force

39-1326. Board of trustees of district — Qualifications of members. The board of trustees of such hospital district shall consist of seven (7) residents of the district who shall be elected or appointed as herein provided. Immediately following the establishment of a hospital district, the commissioners in the county in which the same is established shall appoint the seven (7) members of the first board, three (3) members to act until the first biennial election, two (2) until the second biennial election, and two (2) until the third biennial election, all of whom shall serve until the election and qualification of their successors. Upon a unanimous vote, the board of trustees may also appoint not more than two (2) additional members to serve as trustees for the purpose of obtaining necessary and specialized skills as determined by the board of trustees to assist board deliberations and decision-making. Members who are appointed by the board shall serve for a term not to exceed six (6) years. Such appointed board members shall serve at the pleasure of the board and may be removed with or without cause by a majority vote of the elected members of the board. Appointed board members shall have the same duties, oaths and obligations as elected board members; provided however, that an appointed board member shall not be entitled to vote on any decision to levy a tax pursuant to this chapter.

No person shall be qualified to serve as a trustee of a district organized under the provisions of this chapter unless he or she is a resident of the hospital district and a qualified elector of the state of Idaho. A trustee may not be an employee of, or have an ownership interest or investment in, another ambulatory surgery center, hospital, or health system.

History:

[39-1326, added 1965, ch. 173, sec. 9, p. 340; am. 1973, ch. 99, sec. 1, p. 168; am. 2016, ch. 287, sec. 1, p. 790; am. 2021, ch. 46, sec. 2, p. 130.]
Idaho Code § 39-507 — Idaho Code / Title 39 / Chapter 5 / Section 39-507
39-507 POLICY AND BUDGET ADVISORY COMMITTEE.
Status: in_force

39-507. Policy and budget advisory committee. Subsequent to formation of an aquifer protection district, and as it regards the aquifer protection district, the governing board shall appoint a policy and budget advisory committee comprised of not less than nine (9) nor more than eleven (11) members. The policy and budget advisory committee shall be comprised of residents of the aquifer protection district boundaries with the following characteristics:

(1) A representative of a municipal domestic water provider;

(2) A representative of a water district;

(3) A representative of an irrigation district;

(4) A representative of a private water system;

(5) A representative of a well recognized business organization;

(6) A representative of a well recognized environmental organization;

(7) A representative of the agricultural community;

(8) A hydrologist or engineer; and

(9) A citizen consumer.

The responsibilities of the policy and budget advisory committee shall include making recommendations to the governing board for work program elements, proposing methods of cooperation among public agencies with regulatory jurisdiction concerning aspects of aquifer protection, developing an aquifer protection budget recommendation to forward to the governing board and carrying out such other aquifer protection activities as the governing board, resident and committee member interest, and appropriated budget allow. In addition to the budget hearing required by section 39-508, Idaho Code, the budget and policy advisory committee shall conduct at least one (1) public hearing during each fiscal year to solicit public comment regarding aquifer protection needs. Notice of such hearing shall, at a minimum, comply with the standards for legislative hearings as provided by law. Any vacancies on the policy and budget advisory committee shall be filled in the same manner as the initial appointment.

History:

[39-507, added 2006, ch. 304, sec. 1, p. 940.]
Idaho Code § 39-8204 — Idaho Code / Title 39 / Chapter 82 / Section 39-8204
39-8204 PROTECTIVE CUSTODY — PLACEMENT — IMMUNITY.
Status: in_force

39-8204. Protective custody — Placement — Immunity. (1) Upon notification by a safe haven that a child has been abandoned pursuant to the provisions of this chapter, a peace officer or other person appointed by the court shall take protective custody of the child and shall immediately deliver the child to the care, control and custody of the department of health and welfare.

(2) The department of health and welfare shall maintain a list of licensed adoption agencies to contact for the placement of abandoned children and shall transfer care, control, and custody of an abandoned child to the department's selected adoption agency for placement within twenty-four (24) hours of taking custody of an abandoned child, unless exigent circumstances exist.

(3) When an abandoned child requires further medical evaluation, care, or treatment and the adoption agency selected by the department of health and welfare pursuant to subsection (2) of this section is unable to locate a prospective adoptive family within forty-eight (48) hours, the child shall be left in the care of a hospital, and the peace officer or other person appointed by the court shall notify the court and prosecutor of the action taken and the location of the child so that a shelter care hearing may be held.

(4) If, at any time, a party knows or has reason to know that the child is an Indian child, the jurisdiction of the Indian child welfare act (ICWA), 25 U.S.C. 1901, et seq., applies. If a party knows or has reason to know that the child is an Indian child, the department of health and welfare shall send immediate ICWA notification to the child's Indian tribe and to any other tribe or to the bureau of Indian affairs as required by ICWA or federal regulations implementing ICWA. Within ten (10) days of receiving the information that causes the department of health and welfare to know or have reason to know that the child is an Indian child, the department shall issue any notice required by this subsection.

(5) A peace officer or other person appointed by the court who takes a child into custody under this section, shall not be held liable either criminally or civilly unless the action of taking the child was exercised in bad faith or in violation of the provisions of this chapter.

History:

[(39-8204) 39-8104, added 2001, ch. 357, sec. 1, p. 1254; am. and redesig. 2005, ch. 25, sec. 71, p. 108; am. 2025, ch. 127, sec. 3, p. 661.]
Idaho Code § 39-5913 — Idaho Code / Title 39 / Chapter 59 / Section 39-5913
39-5913 ADMINISTRATIVE APPEALS.
Status: in_force

39-5913. Administrative appeals. Applicants aggrieved by the award or failure to award a grant pursuant to this chapter shall be afforded the remedies provided in chapter 52, title 67, Idaho Code.

History:

[39-5913, added 2000, ch. 262, sec. 2, p. 739.]
Idaho Code § 39-1322 — Idaho Code / Title 39 / Chapter 13 / Section 39-1322
39-1322 NOTICE OF TIME OF HEARING ON PETITION — ORDER FIXING BOUNDARIES — APPEAL.
Status: in_force

39-1322. Notice of time of hearing on petition — Order fixing boundaries — Appeal. When such petition is presented to the board of county commissioners and filed in the office of the clerk of such board, the said board shall set a time for a hearing upon such petition which shall not be less than four (4) nor more than six (6) weeks from the date of the presentation and filing of such petition. A notice of time of such hearing shall be published by said board once each week for three (3) successive weeks previous to the time set for such hearing in a newspaper published within the county in which said district is situated. Said notice shall state that a hospital district is proposed to be organized giving the proposed boundaries thereof and that any taxpayer within the proposed boundaries of such proposed district may on the date fixed for such hearing appear and offer any objection to the organization of such district, the proposed boundaries thereof or the including or excluding of any real property, therein or therefrom. After hearing and considering any and all objections, if any such be interposed, the county commissioners shall thereupon make an order, either denying such petition or granting the same, with or without modification, and shall accordingly fix the boundaries of such proposed district in any order granting such petition. The boundaries so fixed shall be the boundaries of said district after its organization be completed as provided in this act, and a map showing the boundaries of such proposed district, as finally fixed and determined by the board of county commissioners, shall be prepared and filed in the office of the clerk of said board. Any person aggrieved by said order, or any taxpayer within said proposed district may take an appeal from said order establishing the boundaries of said district, in the manner provided by sections 31-1509, 31-1510, 31-1511, and 31-1512, Idaho Code, on questions of both law and fact.

History:

[39-1322, added 1965, ch. 173, sec. 5, p. 340.]
Idaho Code § 39-7105 — Idaho Code / Title 39 / Chapter 71 / Section 39-7105
39-7105 LOCAL EMERGENCY RESPONSE AUTHORITIES — DESIGNATION.
Status: in_force

39-7105. Local emergency response authorities — Designation. (1) It is the purpose of the provisions of this section to provide for the designation of local emergency response authorities for hazardous substance incidents.

(2) Cities and counties shall designate the local emergency response authorities for hazardous substance incidents that occur within their respective jurisdictions. Cities and counties are encouraged to appoint a response authority whose members will become trained in hazardous substance incident response.

(a) The governing body of every city shall designate by ordinance or resolution a local emergency response authority for hazardous substance incidents occurring within the corporate limits of such city. A city may designate the county as its emergency response authority and participate in the county plan for hazardous substance incident response, and shall notify the county of that designation in writing.

(b) The board of county commissioners of every county in the state shall designate by ordinance or resolution a local emergency response authority for hazardous substance incidents occurring within the unincorporated area of such county.

(c) The governing body of every city and every board of county commissioners shall notify the military division and Idaho emergency medical services communications center of its designated local emergency response authority. Such notification shall be in writing and shall occur as soon as practicable, and, in any event, no later than sixty (60) calendar days after this chapter becomes effective. Thereafter, any changes in such designations shall be communicated to the military division and Idaho emergency medical services communications center no later than ten (10) working days before such change becomes effective.

(d) If no local emergency response authority having the ability to respond to a hazardous substance incident exists within a city or county or if such a political subdivision is unable to obtain the services of an emergency response authority by way of a mutual aid agreement, contract or otherwise, such city or county may petition the military division to designate an emergency response authority to respond to hazardous substance incidents within the petitioning political subdivision's jurisdiction. The military division, in consultation with such political subdivision, may thereafter designate appropriate local emergency response authorities.

(3) If a hazardous substance incident occurs in an area in which no local emergency response authority has been designated, or if the Idaho state police has been designated as the local emergency response authority, the Idaho state police shall be the local emergency response authority for such hazardous substance incident for the purposes of this section.

History:

[39-7105, added 1991, ch. 242, sec. 1, p. 586; am. 1995, ch. 116, sec. 24, p. 404; am. 1997, ch. 121, sec. 3, p. 360; am. 2000, ch. 469, sec. 101, p. 1554.]
Idaho Code § 39-3626 — Idaho Code / Title 39 / Chapter 36 / Section 39-3626
39-3626 AUTHORIZATION OF GRANTS AND LOANS — DESIGNATION OF ADMINISTERING AGENCY — RESERVATION OF FUNDS FOR OPERATIONS — CRITERIA — PRIORITY PROJECTS — ELIGIBLE PROJECTS.
Status: in_force

39-3626. Authorization of grants and loans — Designation of administering agency — Reservation of funds for operations — Criteria — Priority projects — Eligible projects. (1) The state of Idaho is hereby authorized to make grants and loans at or below market interest rates, as funds are available, to any municipality to assist said municipality in the construction of sewage treatment works, to community public water systems and nonprofit noncommunity public water systems. The state of Idaho is hereby also authorized to make loans at or below market interest rates for the implementation of a management program established under section 319 of the federal water pollution control act, as amended.

(2) The department of environmental quality may use a portion of the interest revenues from wastewater and drinking water loans, in an amount not to exceed one percent (1%) of loans outstanding, subject to annual appropriation, for operation of the wastewater and drinking water loan programs.

(3) The Idaho board of environmental quality through the department of environmental quality shall be the agency for administration of funds authorized for grants or loans under this chapter, and may reserve up to four percent (4%) of the moneys accruing annually to the water pollution control and wastewater facility loan funds to be appropriated annually for the purpose of operating the water quality programs established pursuant to this chapter. The board may also reserve up to six percent (6%) of the moneys accruing annually to the water pollution control fund to be appropriated annually for the purpose of conducting water quality studies including monitoring.

(4) In allocating state construction grants and loans under this chapter, the Idaho board of environmental quality shall give consideration to water pollution control needs, protection of public health and provision of safe drinking water.

(5) Pursuant to subsection (4) of this section, the Idaho board of environmental quality shall establish an integrated list of priority municipal sewage facility and nonpoint source pollution control projects and a list of priority community and nonprofit noncommunity public water systems.

(6) The Idaho board of environmental quality through the department of environmental quality may transfer funds between the wastewater facility loan account and the drinking water loan account. Such transfers shall be listed in the annual intended use plan and approved by the Idaho board of environmental quality.

History:

[(39-3626) 1970, ch. 87, sec. 3, p. 211; am. 1974, ch. 23, sec. 155, p. 725; am. 1974, ch. 80, sec. 2, p. 1167; am. 1977, ch. 176, sec. 2, p. 453; am. 1980, ch. 208, sec. 3, p. 476; am. 1980, ch. 280, sec. 2, p. 728; am. 1987, ch. 174, sec. 2, p. 343; am. 1988, ch. 270, sec. 1, p. 896; am. and redesig. 1995, ch. 352, sec. 10, p. 1184; am. 1999, ch. 137, sec. 11, p. 396; am. 2000, ch. 53, sec. 3, p. 105; am. 2000, ch. 363, sec. 1, p. 1200; am. 2001, ch. 103, sec. 37, p. 282; am. 2004, ch. 61, sec. 1, p. 279; am. 2014, ch. 59, sec. 1, p. 141.]
Idaho Code § 39-6313 — Idaho Code / Title 39 / Chapter 63 / Section 39-6313
39-6313 ORDER — MODIFICATION — TRANSMITTAL.
Status: in_force

39-6313. Order — Modification — Transmittal. Upon application with notice to all parties and after a hearing, the court may modify the terms of an existing protection order. In any situation where an order is terminated or modified before its expiration date, the clerk of the court shall forward on or before the next judicial day a true copy of the modified order or the termination order to the appropriate law enforcement agency specified in the modification or termination order. Upon receipt of the order, the law enforcement agency shall promptly enter it in the Idaho law enforcement telecommunications system.

History:

[39-6313, added 1988, ch. 341, sec. 1, p. 1018.]
Idaho Code § 39-3122 — Idaho Code / Title 39 / Chapter 31 / Section 39-3122
39-3122 DEFINITIONS.
Status: in_force

39-3122. DEFINITIONS. (1) "Adult" means an individual eighteen (18) years of age or older.

(2) "Applicant" means an adult who is seeking mental health services through the department who has completed, or has had completed on the adult's behalf, an application for mental health services.

(3) "Behavioral health" means an integrated system for evaluation and treatment of mental health and substance use disorders.

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

(5) "Eligibility screening" means the collection and review of information directly related to the applicant's mental health and level of functioning that the department uses to determine whether an applicant is eligible for adult mental heath services available through the department.

(6) "Family support partner" means an individual who:

(a) Has lived experience caring for a child with a behavioral health diagnosis, mental illness or mental illness with a co-occurring substance use disorder;

(b) Has specialized training related to such care; and

(c) Has successfully navigated the various systems of care.

(7) "Participant" means a person who is receiving mental health services through the department.

(8) "Peer support specialist" means an individual in recovery from mental illness or mental illness with a co-occurring substance use disorder who uses his or her lived experience and specialized training to assist other individuals in their own recovery.

(9) "Recovery coach" means an individual who has lived experience of recovery from a substance use disorder or co-occurring mental illness, either as a person in recovery or as a family member or significant other who uses his or her lived experience and specialized training to assist other individuals in their own recovery.

(10) "Region" means the administrative regions as defined by the department of health and welfare. Two (2) or more regions may consolidate for the purposes of this chapter. For the purposes of this chapter, regions will be consistent with judicial districts.

(11) "Serious mental illness" or "SMI" means any of the following psychiatric illnesses as defined by the American psychiatric association in the diagnostic and statistical manual of mental disorders (DSM-5-TR):

(a) Schizophrenia spectrum and other psychotic disorders;

(b) Bipolar disorders (mixed, manic, or depressive);

(c) Major depressive disorders (single episode or recurrent); or

(d) Obsessive-compulsive disorders.

(12) "Serious and persistent mental illness" or "SPMI" means a primary diagnosis under DSM-5-TR of schizophrenia, schizoaffective disorder, bipolar I disorder, bipolar II disorder, major depressive disorder recurrent severe, delusional disorder, or psychotic disorder not otherwise specified for a maximum of one hundred twenty (120) days without a conclusive diagnosis. The psychiatric disorder must be of sufficient severity to cause a substantial disturbance in role performance or coping skills in at least two (2) of the following functional areas in the last six (6) months:

(a) Vocational or educational;

(b) Financial;

(c) Social relationships or support;

(d) Family;

(e) Basic daily living skills;

(f) Housing;

(g) Community or legal; or

(h) Health or medical.

(13) "Supportive services" means ancillary nonclinical services provided as part of community family support and recovery support to promote and sustain the ability of individuals with behavioral health disorders to live in the community and avoid institutionalization. Supportive services include services provided by a family support partner, peer support specialist or recovery coach.

History:

[39-3122, added 2014, ch. 43, sec. 3, p. 108; am. 2018, ch. 34, sec. 1, p. 64; am. 2025, ch. 178, sec. 12, p. 847.]
Idaho Code § 39-4432 — Idaho Code / Title 39 / Chapter 44 / Section 39-4432
39-4432 DISTRIBUTION OF COMMERCIAL DISPOSAL FEE REVENUES.
Status: in_force

39-4432. Distribution of commercial disposal fee revenues. The revenues received from the commercial disposal fees imposed by this chapter and any penalties, interest, or deficiency additions, shall be paid over to the state treasurer by the department to be distributed periodically but no less frequently than quarterly as follows:

(1) An amount equal to ninety-five percent (95%) shall be remitted to the general fund of the state, which percentage shall be reduced to ninety-three percent (93%) in fiscal year 2013, to ninety-one percent (91%) in fiscal year 2014, to eighty-five percent (85%) in fiscal year 2015, and shall remain at eighty-five percent (85%) for each fiscal year thereafter; and

(2) An amount equal to five percent (5%) shall be remitted to the county treasurer of the county where the activity occurred which caused the fees to be assessed pursuant to this chapter. Moneys returned to the county shall be utilized by the county to respond to health and environmental problems which may be caused by hazardous waste emergencies or spills, or improperly handled or packaged hazardous waste; and

(3) An amount equal to one percent (1%) in fiscal year 2013, an amount equal to two percent (2%) in fiscal year 2014, and an amount equal to five percent (5%) in fiscal year 2015, and an amount equal to five percent (5%) for each fiscal year thereafter shall be remitted to the treasurer of a county highway district created pursuant to chapter 13, title 40, Idaho Code, to maintain a road under the jurisdiction of such district that connects a rail transfer facility to a commercial hazardous waste facility affiliated with such rail transfer facility. The use of the moneys provided for in this subsection shall be used only for the maintenance, construction and repair of the road described in this subsection; and

(4) An amount equal to one percent (1%) in fiscal year 2013, an amount equal to two percent (2%) in fiscal year 2014, and an amount equal to five percent (5%) in fiscal year 2015, and an amount equal to five percent (5%) for each fiscal year thereafter shall be remitted to the state highway account established in section 40-702, Idaho Code, such amount to be utilized by the Idaho transportation department to maintain a road or roads under the state board of transportation's jurisdiction that connects a rail transfer facility to a commercial hazardous waste facility affiliated with such rail transfer facility. The use of the moneys provided for in this subsection shall be used only for the maintenance, construction and repair of the road described in this subsection.

History:

[39-4432, added 1984, ch. 205, sec. 10, p. 510; am. 1989, ch. 419, sec. 1, p. 1023; am. 1997, ch. 313, sec. 4, p. 928; am. 1998, ch. 229, sec. 7, p. 782; am. 1999, ch. 290, sec. 6, p. 721; am. 2012, ch. 304, sec. 1, p. 843.]
Idaho Code § 39-9506 — Idaho Code / Title 39 / Chapter 95 / Section 39-9506
39-9506 PENALTIES AND PROFESSIONAL SANCTIONS.
Status: in_force

39-9506. penalties and professional sanctions. (1) Any person who willfully delivers or discloses to the department any report, record or information required pursuant to this chapter and known by him or her to be false is guilty of a misdemeanor.

(2) Any person who willfully discloses any information obtained from reports filed pursuant to this chapter, other than the disclosure authorized by this chapter or otherwise authorized by law, is guilty of a misdemeanor.

(3) Any person required under this chapter to file a report, keep any records or supply any information, who willfully fails to file such report, keep such records or supply such information at the time or times required by law or rule, is:

(a) Guilty of unprofessional conduct, and his or her professional license is subject to discipline in accordance with procedures governing his or her license; and

(b) Subject to a civil fine of five hundred dollars ($500) for each instance of failure to report, if such person is a medical practitioner responsible for filing an adverse reaction report with the department.

(4) In addition to the above penalties, any facility that willfully violates any of the requirements of this chapter shall:

(a) In the case of a first violation, be subject to a civil fine of one thousand dollars ($1,000) for each instance of failure to report;

(b) Have its license suspended for a period of six (6) months for the second violation; and

(c) Have its license suspended for a period of one (1) year upon a third or subsequent violation.

History:

[39-9506, added 2018, ch. 225, sec. 1, p. 513.]
Idaho Code § 39-7902 — Idaho Code / Title 39 / Chapter 79 / Section 39-7902
39-7902 LEGISLATIVE FINDINGS AND PURPOSES.
Status: in_force

39-7902. Legislative findings and purposes. (1) The legislature finds that:

(a) The swine industry is experiencing rapid changes such as increased sophistication of production technology, increased demand for capital to maintain or expand operations, consolidation of production and packing facilities and changing consumer demands and markets;

(b) Large swine facilities increase social and environmental impacts in the areas where these facilities are located;

(c) Adverse public health and environmental impacts can result from the improper siting of large swine facilities, therefore the need for establishing safe sites with an adequate supply of natural resources, such as water, and an adequate capacity for the disposal of animal waste is a matter of statewide concern;

(d) Section 39-104A, Idaho Code, vests the department of environmental quality with the responsibility to make rules regulating swine operations; and section 39-105, Idaho Code, vests the department of environmental quality with the responsibility for the general supervision of the promotion and protection of the life, health and environment of the people of the state, including regulation of air quality, water quality and disposal of solid waste.

(2) (a) To facilitate swine facility siting decisions by boards of county commissioners and governing bodies of cities, this chapter establishes a review process within the department of environmental quality for construction or expansion of large swine facilities of a certain size, and to require approval of sites.

(b) The procedures and requirements established in this chapter are necessary to facilitate the proper siting of large swine facilities, to effect timely and responsible completion of statutory duties and to ensure protection of human health, natural resources, private property values and the environment of the state.

(c) The site approval required in this chapter is required in addition to any other license, permit or approval required by law or rule.

(3) It is the intent of the legislature that this chapter will be applied only to swine facilities with a capacity of twenty thousand (20,000) animal units or more and that this chapter will not be applied to any other confined animal feeding operations.

History:

[39-7902, added 2000, ch. 268, sec. 1, p. 756; am. 2001, ch. 103, sec. 72, p. 313.]
Idaho Code § 39-2808 — Idaho Code / Title 39 / Chapter 28 / Section 39-2808
39-2808 EXISTING RIGHTS PRESERVED.
Status: in_force

39-2808. Existing rights preserved. It is the purpose of this act to provide additional and cumulative remedies to prevent, abate and control the spread of mosquitoes and/or other vermin affecting the public health, safety and welfare of the people of the state of Idaho. Nothing herein contained shall be construed to abridge or alter rights of action or remedies in equity or under the common law or statutory law, criminal or civil, nor shall any provision of this act, or an act done by virtue thereof, be construed as estopping the state or any municipality or person in the exercise of their rights of equity or under the common law or statutory law to suppress or abate nuisances.

History:

[39-2808, added 1959, ch. 81, sec. 9, p. 186.]
Idaho Code § 39-6112 — Idaho Code / Title 39 / Chapter 61 / Section 39-6112
39-6112 JOINT REPORTING REQUIREMENT UPON COMMENCEMENT OF PRACTICE.
Status: in_force

39-6112. Joint reporting requirement upon commencement of practice. (1) Notification of waiver status and commencement of employment must be submitted to the department upon receipt of written notification of approval from the immigration agency. This notification must include the date the medical service obligation commences, and a copy of the notification of approval from the immigration agency.

(2) The waiver physician and the applicant must, on commencement of practice and annually thereafter or more frequently as determined by the department, and upon expiration of the physician's service obligation to the underserved area, verify the physician's practice site address and field of practice. Further, documentation that the population the physician was to serve was indeed served must be submitted. This will include the facility's payer mix, the number of patients seen by the physician, and the payer mix of those patients. When submitting the final report, the physician must indicate whether he intends to remain in the shortage area to practice.

(3) Sites receiving waiver approval must agree to report to the department on the status of the physician's activities at the beginning of the physician's employment and every year thereafter during the three (3) to five (5) year medical service obligation period. Failure to provide these reports within thirty (30) days of the annual anniversary date of approval of the J-1 visa or national interest waiver in an accurate manner or failure to demonstrate good faith in utilizing a physician's services in accordance with these policies will jeopardize future eligibility for placements and will be cause for reporting and referral to the United States department of state and immigration agency. This referral could ultimately lead to deportation proceedings against the physician.

(4) Any amendments made to the required elements of the employment contract during the physician's medical service obligation must be reported to the department for review. The department will complete review and provide notice of approval or declination of such amendments within thirty (30) calendar days of receipt.

History:

[39-6112, added 2004, ch. 128, sec. 1, p. 443; am. 2009, ch. 106, sec. 14, p. 334; am. 2017, ch. 72, sec. 11, p. 179.]
Idaho Code § 39-6704 — Idaho Code / Title 39 / Chapter 67 / Section 39-6704
39-6704 ESTABLISHMENT OF A CITIZENS COMMITTEE.
Status: in_force

39-6704. Establishment of a citizens committee. Each council established under the provisions of this chapter shall create a citizens committee comprised of citizens who express an interest in the council's purpose and work. Citizens performing volunteer services in support of the work of a council shall automatically be members of the citizens committee. Members of the citizens committee may meet with the council with full right to attend all proceedings and discussions and submit comments, except that citizen committee members shall not be voting members.

History:

[39-6704, added 2005, ch. 206, sec. 1, p. 617.]
Idaho Code § 39-3519 — Idaho Code / Title 39 / Chapter 35 / Section 39-3519
39-3519 ACCESS BY ADVOCATES AND REPRESENTATIVES.
Status: in_force

39-3519. Access by advocates and representatives. (1) Staff of the certified family home shall permit certifying agents, other representatives of the department, or any representative of adult protective services immediate and unrestricted access, according to the agent's or representative's respective authority, to the physical premises of the home and property, to the records required under this chapter and the rules promulgated thereunder, and to the residents.

(2) Staff of the certified family home shall permit advocates and representatives of community legal services programs, including the state long-term care ombudsman or its designee or representatives of the protection and advocacy system pursuant to 42 U.S.C. 15043 and 42 U.S.C. 10801 et seq., whose purposes include rendering assistance without charge to residents, to have access to the physical premises of the home, to the residents, and to records in accordance with federal and state law and regulations at reasonable times.

History:

[39-3519, added 1993, ch. 374, sec. 1, p. 1363; am. 2000, ch. 274, sec. 76, p. 841; am. 2005, ch. 280, sec. 42, p. 907; am. 2024, ch. 63, sec. 24, p. 323.]
Idaho Code § 39-7202 — Idaho Code / Title 39 / Chapter 72 / Section 39-7202
39-7202 LEGISLATIVE FINDINGS.
Status: in_force

39-7202. Legislative findings. The legislature hereby finds and declares:

(1) That it is the policy of the state of Idaho to provide for the protection of the public health, welfare, safety, and environment; and to foster the remediation, transfer, reuse, or redevelopment of sites or groups of sites based on the risk to human health and the environment where releases or threatened release of hazardous substances or petroleum exists. The minimization of risk to public health and the environment on a commercial and industrial site offers significant potential economic benefit to local communities and is vital to their use and reuse as sources of employment, housing, recreation and open-space areas.

(2) That establishing a voluntary program for the remediation of hazardous substance or petroleum contaminated sites will encourage innovation and cooperation between the state, local communities, and interested persons and will promote the economic revitalization of property. It is intended that this program will provide for an expedited remediation process by eliminating the need for many adversarial enforcement actions and delays in remediation plan approvals.

(3) That providing financial assistance to eligible property owners who conduct voluntary cleanups will promote the economic revitalization of property, particularly in rural communities, and will reduce or eliminate the need for many adversarial enforcement actions and delays in remediation plan approvals.

History:

[39-7202, added 1996, ch. 252, sec. 1, p. 796; am. 2006, ch. 308, sec. 1, p. 947.]
Idaho Code § 39-271 — Idaho Code / Title 39 / Chapter 2 / Section 39-271
39-271 RECORDS OF INSTITUTIONS.
Status: in_force

39-271. Records of institutions. Every person in charge of an institution, public or private, to which persons resort for treatment of diseases, confinements, or are committed by law, shall record all the personal and statistical particulars relative to those persons admitted or confined to their institutions that are required on the forms or the certificates prescribed by the board. The record shall be made by them at the time of admission of the patients and at such other times as may be required. The personal and statistical particulars and information shall be obtained from the individuals themselves, if it is practicable to do so, and when they can not be so obtained, they shall be secured in as complete a manner as possible from relatives, friends or other persons acquainted with the facts.

History:

[(39-271) 1949, ch. 72, sec. 25, p. 117; am. and redesignated 1983, ch. 7, sec. 33, p. 42.]
Idaho Code § 39-8621 — Idaho Code / Title 39 / Chapter 86 / Section 39-8621
39-8621 NO LIMITATION OR ASSUMPTION OF LIABILITY.
Status: in_force

39-8621. No limitation or assumption of liability. This chapter shall not be construed to relieve or lessen the responsibility of any person, firm or corporation owning, operating, controlling, maintaining, erecting, constructing, installing, altering, inspecting, testing or repairing any conveyance covered by this chapter for damages to any person or property caused by any defect therein, nor does the state assume any such liability or responsibility for any liability to any person for whatever reason whatsoever by the adoption of this chapter or any acts or omissions arising hereunder.

History:

[39-8621, added 2004, ch. 359, sec. 1, p. 1074.]
Idaho Code § 39-8104 — Idaho Code / Title 39 / Chapter 81 / Section 39-8104
39-8104 ESTABLISHMENT OF AGREEMENTS OR COMPACTS FOR PARTICIPATION IN BASIN PROJECT COMMISSION.
Status: in_force

39-8104. Establishment of agreements or compacts for participation in basin project commission. The director of the department of environmental quality and the attorney general of the state of Idaho or their delegates shall represent the state of Idaho in negotiations with representatives of the state of Washington, the Coeur d'Alene tribe and the United States of America for the purpose of reaching agreements or compacts between the state of Idaho and any or all of the other named governments regarding participation in the basin project commission and the basin financing authority, for the purpose of providing for environmental remediation and natural resource restoration in the Coeur d'Alene basin in a manner consistent with local, state, federal and tribal authorities and resources; provided however, that any agreement or compact entered into on behalf of the named governments shall not be binding or obligatory upon any of those governments until the agreement or compact is approved by the requisite named governments. The governor of the state of Idaho may enter into any agreement or compact consistent with this chapter.

History:

[39-8104, added 2001, ch. 371, sec. 2, p. 1298.]
Idaho Code § 39-9208 — Idaho Code / Title 39 / Chapter 92 / Section 39-9208
39-9208 RESTRICTIONS ON TRANSFER.
Status: in_force

39-9208. RESTRICTIONS ON TRANSFER. A direct primary care agreement may not be sold or transferred by the primary care provider without the written consent of the patient and may be transferred only to another primary care provider. A direct primary care agreement may not be sold to a group, employer or group of subscribers because it is an individual agreement between a primary care provider and a patient. These limitations do not prohibit the presentation of marketing materials to groups of potential patients or their representatives but said marketing materials are subject to chapter 6, title 48, Idaho Code.

History:

[39-9208, added 2015, ch. 291, sec. 1, p. 1165.]
Idaho Code § 39-6116 — Idaho Code / Title 39 / Chapter 61 / Section 39-6116
39-6116 DEPARTMENT REVIEW AND ACTION.
Status: in_force

39-6116. Department review and action. (1) The department will review applications for completeness in date order received.

(2) Applications submitted for petitioning physicians with language skills appropriate to the community they wish to serve will be given priority.

(3) Selection preference will be given to applications received from health professional shortage areas having the greatest unmet need for physicians.

(4) Applications must be mailed, sent by commercial carrier, or delivered in person. Applications may not be sent electronically. The department is not responsible for applications or related materials lost in the mail.

(5) The department may limit the time period during which applications may be submitted including refusing to process applications after the department has submitted requests for all applications allowed in a given federal fiscal year.

(6) In the event an applicant for a J-1 visa waiver or a national interest waiver submits an application to the department, the department will acknowledge receipt of the copy of the application within five (5) business days of receipt.

(7) The department will review applications within thirty (30) working days of receipt of the application to determine if the application is complete and provide a written explanation of missing items.

(8) An additional fee will not be charged for incomplete applications if the missing items are provided within thirty (30) calendar days of the date on the letter of explanation from the department. If new information is not received within this time frame, the application will be returned to the applicant. The application fee will not be returned.

(9) The department will return applications and application fees to applicants having had five (5) approved J-1 visa waiver requests in the current federal fiscal year for the shortage area or applications received after thirty (30) placements have been recommended.

(10) The department will review complete applications against the criteria specified in this chapter.

(11) The department may:

(a) Request additional clarifying information;

(b) Verify information presented;

(c) Investigate the financial status of the applicant;

(d) Request verification of the health care facility's payer mix for the previous twelve (12) to eighteen (18) months; and

(e) Return the application as incomplete if the applicant does not supply the requested clarifying information in its entirety within thirty (30) days of request. The application fee is nonrefundable. Incomplete applications must be resubmitted with the application fee. Resubmitted applications will be considered new applications and will be reviewed in date order received.

(12) The department may request the director of the United States department of state to recommend that the immigration agency grant the J-1 visa waiver.

(13) The department may provide a letter of attestation to the immigration agency that the physician's work in Idaho is in the public interest for a national interest waiver.

(14) The department will notify the applicant in writing of action taken by the department. If the decision is to decline the J-1 visa waiver or national interest waiver request, the department will provide an explanation of how the application failed to meet the stated criterion or criteria. The application fee is nonrefundable.

(15) The department may deny a J-1 visa waiver or national interest waiver request or, prior to United States department of state or immigration agency approval, may withdraw a J-1 visa waiver or national interest waiver recommendation for cause, which shall include the following:

(a) The application is not consistent with state or federal criteria;

(b) Fraud;

(c) Misrepresentation;

(d) False statements;

(e) Misleading statements;

(f) Evasion or suppression of material facts in the J-1 visa waiver or national interest waiver application or in any required documentation and supporting materials;

(g) Incomplete or insufficient information; or

(h) Allowable number of recommendations for the facility or year has been met.

(16) Applications denied may be resubmitted with concerns addressed, with the application fee. Resubmitted applications will be considered new applications and will be reviewed in date order received.

(17) The department retains the authority to audit, monitor and conduct unannounced site visits.

History:

[39-6116, added 2004, ch. 128, sec. 1, p. 445; am. 2009, ch. 106, sec. 18, p. 337; am. 2017, ch. 72, sec. 15, p. 182; am. 2023, ch. 31, sec. 11, p. 159.]
Idaho Code § 39-6316 — Idaho Code / Title 39 / Chapter 63 / Section 39-6316
39-6316 LAW ENFORCEMENT OFFICERS — TRAINING, POWERS, DUTIES.
Status: in_force

39-6316. Law enforcement officers — Training, powers, duties. (1) All training provided by the peace officers standards and training academy relating to the handling of domestic violence or sexual assault complaints by law enforcement officers shall stress enforcement of criminal laws in domestic situations and sexual assault situations, availability of community resources, and protection of the victim. Law enforcement agencies and community organizations with expertise in the issue of domestic violence and sexual assault shall cooperate in all aspects of such training.

(2) When a peace officer responds to a domestic violence or sexual assault call, the officer shall give a written statement to the victim that alerts the victim to the availability of a shelter or other resources in the community and a written notice provided by the Idaho state police substantially stating the following:

IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT, you can ask the city or county prosecuting attorney to file a criminal complaint. You also have the right to file a petition in magistrate court requesting an order for protection from domestic abuse which could include any of the following: (a) an order restraining your abuser from further acts of abuse; (b) an order directing your abuser to leave your household; (c) an order preventing your abuser from entering your residence, school, business, or place of employment; (d) an order awarding you or the other parent custody of or visitation with your minor child or children; and (e) an order restraining your abuser from molesting or interfering with minor children in your custody. The forms you need to obtain a protection order are available from the clerk of the district court. The resources available in this community for information relating to domestic violence or sexual assault, treatment of injuries and places of safety and shelters are: (For safety reasons, inclusion of shelter/safe house addresses is not necessary). You also have the right to sue for losses suffered as a result of the abuse, including medical and moving expenses, loss of earnings or support, and other out-of-pocket expenses for injuries sustained and damage to your property. This can be done without an attorney in small claims court if the total amount claimed is less than five thousand dollars ($5,000).

(3) The peace officer shall make every effort to arrange, offer, or facilitate transportation for the victim to a hospital for treatment of injuries or to a place of safety or shelter.

(4) The law enforcement agency shall forward the offense report to the appropriate prosecutor within ten (10) days of making such report if there is probable cause to believe that an offense has been committed, unless the case is under active investigation.

History:

[39-6316, added 1988, ch. 341, sec. 1, p. 1018; am. 1990, ch. 234, sec. 4, p. 670; am. 1992, ch. 74, sec. 4, p. 212; am. 2000, ch. 250, sec. 12, p. 708; am. 2000, ch. 469, sec. 100, p. 1553; am. 2006, ch. 263, sec. 5, p. 817; am. 2022, ch. 65, sec. 1, p. 200.]
Idaho Code § 39-3903 — Idaho Code / Title 39 / Chapter 39 / Section 39-3903
39-3903 STERILIZATION OF PERSONS SUBJECT TO THIS CHAPTER.
Status: in_force

39-3903. Sterilization of persons subject to this chapter. Persons subject to this chapter have the legal right to be sterilized following the entry of an order providing for sterilization and the expiration of the time allowed by law for perfecting an appeal. In no event shall persons subject to this chapter be sterilized without court approval in accordance with this chapter unless sterilization occurs as part of emergency medical treatment.

History:

[39-3903, added 2003, ch. 189, sec. 2, p. 513.]
Idaho Code § 39-6008 — Idaho Code / Title 39 / Chapter 60 / Section 39-6008
39-6008 DUTIES OF DEPARTMENT OF HEALTH AND WELFARE.
Status: in_force

39-6008. Duties of department of health and welfare. The department of health and welfare under the direction of the children's trust fund board shall be responsible for the management and accounting of moneys expended from the children's trust fund.

History:

[39-6008, added 1985, ch. 31, sec. 2, p. 62; am. 2002, ch. 292, sec. 8, p. 844.]
Idaho Code § 39-4003A — Idaho Code / Title 39 / Chapter 40 / Section 39-4003A
39-4003A RIGHT OF ENTRY.
Status: in_force

39-4003A. Right of entry. In order to carry out the purposes of this chapter, the administrator or his authorized representative shall, during regular working hours and at other reasonable times, have the right of entry to conduct the inspections required by this chapter; the right of entry to make inspections to carry out the duties and responsibilities as an in-plant inspection agency (IPIA) by the authority granted by the U.S. department of housing and urban development pursuant to 24 CFR 3282.352 and 362; and the right of entry to make inspections to carry out the duties and responsibilities as a state administrative agency (SAA) by the authority granted by the U.S. department of housing and urban development pursuant to 24 CFR 3282.305.

History:

[39-4003A, added 1978, ch. 118, sec. 1, p. 269; am. 1980, ch. 108, sec. 1, p. 245; am. 2006, ch. 79, sec. 5, p. 238.]
Idaho Code § 39-4416 — Idaho Code / Title 39 / Chapter 44 / Section 39-4416
39-4416 CITIZEN SUITS.
Status: in_force

39-4416. Citizen suits. (1) Except as provided in subsection (2) of this section, any person who has been injured or damaged by an alleged violation of any permit, standard, regulation, condition, requirement, or order which has become effective pursuant to this chapter, may commence a civil action on that person's own behalf against any person alleged to have committed the violation. A person commencing an action under this section shall be required to file a bond or equivalent security in an amount not less than one thousand dollars ($1,000) or in conformance with the requirements of rule 65(c) of the Idaho Rules of Civil Procedure if injunctive relief is sought.

(2) No action may be commenced under subsection (1) of this section if the department has commenced and is diligently prosecuting an administrative, civil, or criminal action to require compliance with the law. Further, no action may be commenced under subsection (1) of this section unless the plaintiff has given the department sixty (60) days' notice and substantial evidence of the violation upon which the citizens' action is based. However, if the department commences an action in a court of the state of Idaho, any interested person may intervene as provided in rule 24(a) of the Idaho Rules of Civil Procedure.

(3) In any action under this section, the department may intervene as a matter of right.

(4) When issuing any final order in any action brought pursuant to this section, the court may award costs of litigation, including reasonable attorney and expert witness fees, to any prevailing party, whenever the court determines such an award is appropriate, except that the state of Idaho shall not be required to pay such costs in any citizen suit where the state has become a party.

(5) Nothing in this section shall restrict any right which a person, or class of persons, may have under any other statute or the common law.

History:

[39-4416, added 1983, ch. 154, sec. 1, p. 429; am. 1993, ch. 291, sec. 7, p. 1089.]
Idaho Code § 39-6703 — Idaho Code / Title 39 / Chapter 67 / Section 39-6703
39-6703 ESTABLISHMENT OF REGIONAL AIR QUALITY COUNCILS.
Status: in_force

39-6703. ESTABLISHMENT OF REGIONAL AIR QUALITY COUNCILS. (1) The legislature, upon receipt of the air quality review and recommendation from the department of environmental quality, may form regional air quality councils as needed to evaluate air pollution reduction actions.

(2) Each regional air quality council shall be independently created by the legislature pursuant to subsection (1) of this section and, upon creation, shall be located within the Idaho department of environmental quality.

(3) The governor shall appoint members to regional air quality councils in accordance with the provisions of section 39-6708, Idaho Code.

(4) It shall be the responsibility of any council established under this chapter to develop a plan and carry out the duties established by this chapter. The council shall be assisted in its work by the department of environmental quality and other appropriate state and local agencies as needed.

History:

[39-6703, added 2022, ch. 110, sec. 7, p. 366.]
Idaho Code § 39-6111A — Idaho Code / Title 39 / Chapter 61 / Section 39-6111A
39-6111A FLEX WAIVERS FOR J-1 PETITIONING PHYSICIANS.
Status: in_force

39-6111A. flex waivers for j-1 petitioning physicians. The department will accept waiver applications six (6) months after the beginning of each federal fiscal year for petitioning J-1 visa waiver physicians to work in areas without a federal shortage area designation. The practice and petitioning physician must serve patients who reside in federally designated areas of underservice. The maximum number of flex applications may not exceed the total number of waiver slots available.

(1) The practice location must be located outside of a federally designated shortage area to apply for a flex waiver.

(2) The applicant organization and petitioning physician must meet all eligibility, application and reporting requirements with the exception of the practice location.

(3) The applicant organization must submit documentation demonstrating how the practice location and petitioning physician will serve patients who reside in federally designated areas of underservice.

(4) Flex waiver applications must demonstrate a need for the primary care or specialty petitioning physician.

History:

[39-6111A, added 2017, ch. 72, sec. 9, p. 178; am. 2023, ch. 31, sec. 7, p. 155.]
Idaho Code § 39-1333 — Idaho Code / Title 39 / Chapter 13 / Section 39-1333
39-1333 LEVY AND COLLECTION OF TAXES — INITIAL FINANCING.
Status: in_force

39-1333. Levy and collection of taxes — Initial financing. To levy and collect taxes, as herein provided, the board shall, in each year, determine the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district, and shall fix a rate of levy, which when levied upon every dollar of assessed valuation of taxable property within the district, and with other revenues, will raise the amount required by the district annually to supply funds to pay for expenses of organization, purchase of necessary equipment, operation, maintenance and upkeep of the works and equipment of the district, provided, however, that said levy shall not exceed six hundredths percent (.06%) of market value for assessment purposes of all taxable property within the district for the purposes hereinbefore set forth, and provided further, that no levy shall be made in excess of four hundredths percent (.04%) of market value for assessment purposes for the purposes set forth in this section, unless the board of trustees of the district shall grant a public hearing, after notice of the time, place and purpose of said hearing has been published in a newspaper of general circulation in the district. Provided, that in the first year after organization, the board of a district may, for the purpose of organization, to finance general preliminary expenses of the district or for any other purpose of the hospital district law, and before making a tax levy, incur an indebtedness not exceeding in the aggregate a sum equal to three tenths percent (.3%) of market value for assessment purposes of all real and personal property within the district. To repay any such organizational indebtedness incurred, on or after March 21, 1985, the board shall have authority to levy and collect an additional tax not to exceed one tenth percent (.1%) of market value for assessment purposes of all taxable property within the district. Such additional levy shall not be used for any purpose other than repayment of the organizational indebtedness and interest thereon. Such additional levy may be imposed until the organizational indebtedness and interest thereon is paid in full.

History:

[39-1333, added 1965, ch. 173, sec. 16, p. 340; am. 1985, ch. 243, sec. 1, p. 574; am. 1988, ch. 177, sec. 1, p. 310; am. 1996, ch. 208, sec. 20, p. 676.]
Idaho Code § 39-4301 — Idaho Code / Title 39 / Chapter 43 / Section 39-4301
39-4301 DEFINITIONS.
Status: in_force

39-4301. Definitions. As used in this chapter:

(1) "Administrator" means the administrator of the division of occupational and professional licenses for the state of Idaho.

(2) "Board" means the factory built structures advisory board, as created in section 39-4302, Idaho Code.

(3) "Building site" means any tract, parcel or subdivision of land upon which a modular building is installed or is to be installed.

(4) "Closed construction" means any manufactured building, structure or component thereof that may enclose factory installed structural, mechanical, electrical or plumbing systems and is not open for visual inspection at the building site.

(5) "Commercial coach" means a modular building with permanent running gear and a hitch assembly that is designed and constructed for nonresidential occupancy classifications only.

(6) "Division" means the Idaho division of occupational and professional licenses.

(7) "Factory built structure" means any building or building component, including a manufactured home, a mobile home or a modular building, that is of closed construction and is entirely or substantially prefabricated or assembled at a place other than the building site.

(8) "Manufactured home" means a structure as defined in section 39-4105, Idaho Code.

(9) "Mobile home" means a structure as defined in section 39-4105, Idaho Code.

(10) "Modular building" means any building or building component, other than a manufactured or mobile home, that is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site.

History:

[39-4301, added 2007, ch. 252, sec. 5, p. 740; am. 2016, ch. 342, sec. 4, p. 969; am. 2023, ch. 15, sec. 13, p. 83.]
Idaho Code § 39-4418 — Idaho Code / Title 39 / Chapter 44 / Section 39-4418
39-4418 LOCAL GOVERNMENT NOTICE.
Status: in_force

39-4418. Local government notice. A permit for a new hazardous waste land disposal facility or site shall not be issued until the department has given ninety (90) days' notice to the board of county commissioners of the county in which the proposed facility or site is to be located.

History:

[39-4418, added 1983, ch. 154, sec. 1, p. 430.]
Idaho Code § 39-3123 — Idaho Code / Title 39 / Chapter 31 / Section 39-3123
39-3123 DESIGNATION OF STATE MENTAL HEALTH AUTHORITY AND STATE SUBSTANCE USE DISORDER AUTHORITY.
Status: in_force

39-3123. Designation of state mental health authority and state substance use disorder authority. The Idaho department of health and welfare is hereby designated the state mental health authority and the state substance use disorder authority, hereinafter referred to as the state behavioral health authority. The state behavioral health authority is responsible for overseeing the state of Idaho's behavioral health system of care. The department shall fulfill this role through a collaborative process, taking into consideration and incorporating whenever reasonably possible the recommendations and evaluations of the state behavioral health planning council in all statewide efforts to expand, improve, modify or transform the behavioral health service delivery system of the state. The provisions of this section shall not prohibit appropriations to executive agencies or the judiciary to fund community-based behavioral health treatment within their target population. The behavioral health authority shall report utilization, performance, outcome and other quality assurance data to the state behavioral health planning council on an annual basis.

History:

[(39-3123) 39-3124, added 1969, ch. 202, sec. 2, p. 589; am. 1973, ch. 87, sec. 9, p. 137; am. 1974, ch. 23, sec. 147, p. 633; am. 2006, ch. 277, sec. 1, p. 849; am. and redesig. 2014, ch. 43, sec. 5, p. 108; am. 2026, ch. 25, sec. 6, p. 119.]
Idaho Code § 39-270 — Idaho Code / Title 39 / Chapter 2 / Section 39-270
39-270 DISCLOSURE OF INFORMATION.
Status: in_force

39-270. Disclosure of information. (a) Certificates and records in the custody of the state registrar shall be open to inspection subject to the provisions of this chapter and the rules of the board, the provisions of section 74-102, Idaho Code, to the contrary notwithstanding; and it shall be unlawful for any state or local official or employee under this chapter to disclose any data contained in the records, except as authorized by this chapter and the rules of the board.

(b) A complete copy, or any part of a certificate, may be issued to any applicant who can show direct and tangible interest in the record for which he applies. A complete copy, or any part of a certificate, shall be issued upon request or at the direction of the state registrar to a state, federal or local public agency for child protection and child support enforcement purposes or for the purpose of investigation of fraud. Subject to such provisions as the board may prescribe, data contained on records may be used by federal, state or municipal agencies for the purpose of verification of data.

(c) As provided in chapter 1, title 74, Idaho Code, data contained on records may be used for research, public health or statistical purposes. No lists of registration shall be compiled for public use, except as provided in section 34-433, Idaho Code.

(d) The manner of keeping local records and the use thereof shall be prescribed by the board, in keeping with the provisions of this section.

(e) When one hundred (100) years have elapsed after the date of birth, or fifty (50) years have elapsed after the date of death, stillbirth, marriage or divorce, the records of these events in the custody of the state registrar shall become public records and information shall be made available in accordance with chapter 1, title 74, Idaho Code.

History:

[(39-270) 39-264, added 1949, ch. 72, sec. 24, p. 117; am. 1978, ch. 73, sec. 1, p. 147; am. and redesignated 1983, ch. 7, sec. 32, p. 41; am. 1985, ch. 250, sec. 1, p. 584; am. 1990, ch. 213, sec. 37, p. 512; am. 1993, ch. 315, sec. 3, p. 1170; am. 2004, ch. 23, sec. 8, p. 29; am. 2005, ch. 391, sec. 55, p. 1312; am. 2015, ch. 141, sec. 83, p. 440; am. 2017, ch. 36, sec. 1, p. 56; am. 2021, ch. 33, sec. 2, p. 75; am. 2022, ch. 314, sec. 2, p. 1006; am. 2025, ch. 276, sec. 4, p. 1172.]
Idaho Code § 39-3616 — Idaho Code / Title 39 / Chapter 36 / Section 39-3616
39-3616 DUTIES OF EACH WATERSHED ADVISORY GROUP.
Status: in_force

39-3616. Duties of each watershed advisory group. Each watershed advisory group shall generally be responsible for recommending those specific actions needed to control point and nonpoint sources of pollution within the watershed so that, within reasonable periods of time, designated beneficial uses are fully supported and other state water quality plans are achieved. Watershed advisory groups shall, as described in this chapter, consult with the director and participate in the development of each TMDL and any supporting subbasin assessment for water bodies within the watershed, and shall develop and recommend actions needed to effectively control sources of pollution. In carrying out the provisions of this section, the director and the watershed advisory groups shall employ all means of public involvement deemed necessary or required in chapter 52, title 67, Idaho Code, and shall cooperate fully with the public involvement or planning processes of other appropriate public agencies.

History:

[39-3616, added 1995, ch. 352, sec. 1, p. 1175; am. 1997, ch. 279, sec. 8, p. 835; am. 2005, ch. 334, sec. 4, p. 1052.]
Idaho Code § 39-1344 — Idaho Code / Title 39 / Chapter 13 / Section 39-1344
39-1344 TAXES LEVIED A LIEN — COLLECTION.
Status: in_force

39-1344. Taxes levied a lien — Collection. All taxes levied by hospital districts, shall become a lien upon the property so assessed from the date of such assessment, and shall be due and payable at the time state and county taxes are due and payable and in all respects are to be collected in the same way, except that the assessor must keep a separate list or assessment roll therefor.

History:

[39-1344, added 1965, ch. 173, sec. 27, p. 340.]
Idaho Code § 39-6304 — Idaho Code / Title 39 / Chapter 63 / Section 39-6304
39-6304 ACTION FOR PROTECTION.
Status: in_force

39-6304. Action for protection. (1) There shall exist an action known as a "petition for a protection order" in cases of domestic violence.

(2) A person may seek relief from domestic violence by filing a petition based on a sworn affidavit with the magistrates division of the district court, alleging that the person or a family or household member, whether an adult or a child, is the victim of domestic violence. Any petition properly filed under this chapter may seek protection for any additional persons covered by this chapter. A custodial or noncustodial parent or guardian may file a petition on behalf of a minor child who is the victim of domestic violence.

(3) A person's right to petition for relief under this chapter shall not be affected by that person's having left the residence or household to avoid abuse.

(4) The petition shall disclose the existence of any custody or any marital annulment, dissolution or separation proceedings pending between the parties, the existence of any other custody order affecting the children of the parties, and the existence of child protection or adoption proceedings affecting the children of any party.

(5) When the petitioner requests custody of any child, the petition shall disclose:

(a) The county and state where the child has resided for six (6) months immediately prior to the filing of the petition;

(b) The party or other responsible person with whom the child is presently residing; and

(c) The party or other responsible person with whom the child has resided for six (6) months immediately prior to the filing of the petition.

(6) A petition shall be filed in the county of the respondent's residence, the petitioner's residence, or where the petitioner is temporarily residing.

History:

[39-6304, added 1988, ch. 341, sec. 1, p. 1014; am. 1989, ch. 136, sec. 3, p. 307; am. 2000, ch. 136, sec. 2, p. 356.]
Idaho Code § 39-5708 — Idaho Code / Title 39 / Chapter 57 / Section 39-5708
39-5708 CIVIL PENALTIES FOR VIOLATIONS OF PERMIT.
Status: in_force

39-5708. Civil penalties for violations of permit. (1) Any permittee who fails to comply with any part of this chapter regarding the sale or distribution of tobacco products or electronic smoking devices shall be subject to a civil penalty as provided in this section or have their permit suspended, pursuant to compliance with the contested case provisions of the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, or both.

(2) If a seller who is not a permittee violates section 39-5705, Idaho Code, and sells or distributes tobacco products or electronic smoking devices to a minor, then the seller shall be fined one hundred dollars ($100).

(3) In the case of a first violation, the permittee shall be notified in writing of penalties to be levied for further violations.

(4) In the case of a second violation, the permittee shall be fined two hundred dollars ($200) and shall be notified in writing of penalties to be levied for further violations. For a violation of section 39-5705, Idaho Code, the permittee shall not be fined if the permittee can show that a training program was in place for the employee and that the permittee has a form signed by that employee on file stating that the employee understands the tobacco product or electronic smoking device laws dealing with minors and the unlawful purchase of tobacco products or electronic smoking devices, but the permittee shall be notified in writing of penalties to be levied for any further violations. If no such training is in place, the permittee shall be fined two hundred dollars ($200).

(5) In the case of a third violation in a two (2) year period, the permittee shall be fined two hundred dollars ($200) and the permit may be suspended for up to seven (7) days. If the violation is by an employee, at the same location, who was involved in any previous citation for violation, the permittee shall be fined four hundred dollars ($400). Effective training and employment practices by the permittee, as determined by the department, shall be a mitigating factor in determining permit suspension. Evidence of mitigating factors shall be submitted to the department within ten (10) days of the date of violation. Tobacco product or electronic smoking device retailers must remove all tobacco products or electronic smoking devices from all areas accessible to or visible to the public while the permit is suspended.

(6) In the case of four (4) or more violations within a two (2) year period, the permittee shall be fined four hundred dollars ($400) and the permit shall be revoked until such time that the permittee demonstrates an effective training plan to the department, but in no case shall the revocation be for less than thirty (30) days. Tobacco product or electronic smoking device retailers must remove all tobacco products or electronic smoking devices from all areas accessible to or visible to the public while the permit is revoked.

(7) All moneys collected for violations pursuant to this section shall be remitted to the prevention of minors' access to tobacco products or electronic smoking devices fund created in section 39-5711, Idaho Code.

(8) All fines shall be paid in full prior to renewal of a permit and within ten (10) days of the date of the violation.

History:

[39-5708, added 1998, ch. 418, sec. 2, p. 1319; am. 2001, ch. 39, sec. 2, p. 75; am. 2012, ch. 39, sec. 5, p. 120; am. 2020, ch. 318, sec. 8, p. 910; am. 2025, ch. 64, sec. 7, p. 307.]
Idaho Code § 39-263 — Idaho Code / Title 39 / Chapter 2 / Section 39-263
39-263 MARRIAGE LICENSE FEES.
Status: in_force

39-263. Marriage license fees. Every county recorder shall be paid a fee, to be established by regulations adopted by the board, for each marriage certificate recorded with said recorder and forwarded to the state registrar. The recording fee shall be as provided by section 31-3205, Idaho Code.

History:

[(39-263) 1949, ch. 72, sec. 28, p. 117; am. and redesignated 1983, ch. 7, sec. 25, p. 38; am. 1984, ch. 29, sec. 3, p. 51; am. 1989, ch. 12, sec. 1, p. 13.]
Idaho Code § 39-4420 — Idaho Code / Title 39 / Chapter 44 / Section 39-4420
39-4420 EMPLOYMENT SECURITY.
Status: in_force

39-4420. Employment security. (1) No employee of a hazardous waste generator, transporter or treatment, storage, or disposal facility or site shall be dismissed, suspended, or otherwise discriminated against because the employee testifies, provides information or otherwise assists in the enforcement or administration of the provisions of this chapter.

(2) Any employer who knowingly violates the provisions of subsection (1) of this section shall be liable for damages, costs and attorneys' fees, in addition to any other liability or relief authorized by this chapter, by any other statute, or by the common law.

History:

[39-4420, added 1983, ch. 154, sec. 1, p. 430.]
Idaho Code § 39-3355A — Idaho Code / Title 39 / Chapter 33 / Section 39-3355A
39-3355A INSPECTIONS.
Status: in_force

39-3355A. inspections. (1) The licensing agency shall cause to be made such inspections and investigations to determine compliance with this chapter and applicable rules.

(2) Initial inspections, licensure or re-licensure inspections, follow-up inspections, and fire life safety inspections shall be scheduled in advance, with facilities receiving notice at least thirty (30) days prior to the inspection date.

(3) Initial surveys shall be conducted within ninety (90) days of licensure, followed by a licensure survey within fifteen (15) months.

(4) Complaint investigation surveys shall occur based on the potential severity of the complaint and shall be made unannounced and without prior notice.

(5) The department may accept the services of any qualified person or organization, either public or private, to examine, survey, or inspect any entity requesting or holding a facility license, including as described in subsection (13) of this section.

(6) An inspector shall have full access and authority to examine, among other things, quality of care and service delivery, a facility's records, resident accounts, and physical premises, including buildings, grounds and equipment, and any other areas necessary to determine compliance with this chapter and applicable rules.

(7) An inspector shall have authority to interview the licensee, administrator, staff, and residents. Interviews with residents shall be confidential and conducted privately unless otherwise specified by the resident.

(8) The licensing agency shall notify the facility, in writing, of all deficiencies, provide a proposed plan of correction for all deficiencies, and approve a reasonable length of time for compliance by the facility. At the time of the exit conference, the licensing agency shall provide the facility a written report specifying the non-core issue deficiencies. Facilities are not required to submit plans of correction for non-core deficiencies.

(9) When core issues are identified during a survey, the licensing agency shall provide a written report within ten (10) business days of the exit conference or the last day of receipt of additional material. Facilities may either adopt the proposed plan of correction or submit an alternative plan of correction for approval by the department for core issue deficiencies.

(10) If any deficiencies constitute an immediate jeopardy, the department shall require immediate correction of deficient practice.

(11) Current lists of deficiencies, including plans of correction, shall be available to the public upon request in the individual facilities or by written request to the department.

(12) The licensing agency shall conduct follow-up surveys to ascertain corrections to issues are made according to the time frames established in the plan of correction for core issues. If the department identifies repeat deficient facility practices during any follow-up survey, the department may initiate or extend enforcement actions.

(13) The department shall accept an accreditation survey from an accreditation commission for a residential care or assisted living facility instead of regular compliance inspections conducted under the authority of this section if all of the following conditions are met:

(a) The accreditation commission's standards meet or exceed the state requirements for licensure for residential care or assisted living facilities;

(b) The facility submits to the department a copy of its required accreditation reports to the accreditation commission in addition to the application and any other information required for renewal of a license;

(c) The inspection results are available for public inspection to the same extent that the results of an investigation or inspection conducted under this section are available for public inspection;

(d) The accreditation commission complies with the health insurance portability and accountability act and takes reasonable precautions to protect the confidentiality of personally identifiable information concerning the residents of the facility; and

(e) If the facility's accreditation report is not valid for the entire licensure period, the department may conduct a compliance inspection of the facility during the time period for which the department does not have a valid accreditation report.

(14) The department shall establish a self-inspection program for facilities that receive a gold or silver rating, defined as high ratings with no significant deficiencies on the most recent inspection. Qualifying facilities shall conduct self-inspections for complaints received by the department that do not involve health or safety concerns. Facilities shall submit findings and corrective actions to the department. The department retains the authority to conduct verification inspections for complaints involving health or safety concerns or incomplete reports.

(15) The department shall not conduct an on-site compliance inspection of the residential care or assisted living facility during the time the accreditation report is valid except for complaint surveys or in cases of emergencies. Accreditation does not limit the department in performing any power or duty under this chapter or inspection authorized under this section, including taking appropriate action relating to a residential care or assisted living facility, such as suspending or revoking a license, investigating an allegation of abuse, exploitation, or neglect or another complaint, or assessing an administrative penalty.

History:

[39-3355A, added 2025, ch. 208, sec. 18, p. 947.]
Idaho Code § 39-6708 — Idaho Code / Title 39 / Chapter 67 / Section 39-6708
39-6708 MEMBERSHIP OF A REGIONAL AIR QUALITY COUNCIL.
Status: in_force

39-6708. Membership of a regional air quality council. (1) A council shall consist of fourteen (14) members appointed by the governor. The governor shall appoint two (2) members from each of the following categories: two (2) members who are county commissioners within the specified regional area; two (2) members who are at the time of appointment, elected members of a city government in the specified regional area; two (2) members who represent agricultural interests in the specified regional area; two (2) members who represent commercial interests in the specified regional area; two (2) members from industries located in the specified regional area; two (2) members from recognized Idaho environmental organizations; and two (2) members at large who are full-time residents of the specified regional area.

(2) The terms of the members shall be three (3) years with the initial term to be staggered in terms of one (1), two (2), and three (3) years by the governor when he makes the original appointments.

(3) The governor shall designate one (1) member to serve as chair of the council.

(4) Vacancies shall be filled by appointment of the governor.

(5) All members of a council shall maintain their primary residence in the specified regional area during the term of the member's appointment.

History:

[39-6708, added 2005, ch. 206, sec. 1, p. 618.]
Idaho Code § 39-3325 — Idaho Code / Title 39 / Chapter 33 / Section 39-3325
39-3325 REQUIREMENTS FOR LOCATION AND PHYSICAL ENVIRONMENT OF FACILITIES.
Status: in_force

39-3325. Requirements for location and physical environment of facilities. Licensed residential or assisted living facilities shall:

(1) Be located in geographical areas which are accessible to supportive services and are free from conditions which would pose a danger to the residents.

(2) Be maintained in such a manner as to be free from fire and/or safety hazards.

History:

[39-3325, added 1990, ch. 116, sec. 2, p. 252; am. 2000, ch. 274, sec. 28, p. 821; am. 2005, ch. 280, sec. 19, p. 893.]
Idaho Code § 39-8006 — Idaho Code / Title 39 / Chapter 80 / Section 39-8006
39-8006 COMMITTEE TO DEVELOP IDAHO UNIFORM SCHOOL BUILDING SAFETY CODE — INTERIM CODE.
Status: in_force

39-8006. Committee to develop Idaho uniform school building safety code — Interim code. (1) The committee shall develop the Idaho uniform school building safety code to be adopted by rule of the administrator pursuant to section 39-8007, Idaho Code. The Idaho uniform school building safety code shall address elements of the national codes identified in section 39-4109, Idaho Code, and rule of the state board of education at IDAPA 08.02.02.130.

(2) Until the Idaho uniform school building safety code is adopted by rule pursuant to section 39-8007, Idaho Code, the national codes adopted under section 39-4109, Idaho Code, and rule of the state board of education at IDAPA 08.02.02.130 shall serve as the interim Idaho uniform school building safety code.

History:

[39-8006, added 2000, ch. 352, sec. 1, p. 1184.]
Idaho Code § 39-7801 — Idaho Code / Title 39 / Chapter 78 / Section 39-7801
39-7801 FINDINGS AND PURPOSE.
Status: in_force

39-7801. Findings and purpose. (a) Cigarette smoking presents serious public health concerns to the state of Idaho ("state") and to the citizens of the state. The surgeon general has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.

(b) Cigarette smoking also presents serious financial concerns for the state. Under certain health-care programs, the state may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance.

(c) Under these programs, the state pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking.

(d) It is the policy of the state that financial burdens imposed on the state by cigarette smoking be borne by tobacco product manufacturers rather than by the state to the extent that such manufacturers either determine to enter into a settlement with the state or are found culpable by the courts.

(e) On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the "Master Settlement Agreement," with the state. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present and certain future claims against them as described therein, to pay substantial sums to the state (tied in part to their volume of sales); to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.

(f) It would be contrary to the policy of the state if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short-term profits in the years before liability may arise without ensuring that the state will have an eventual source of recovery from them if they are proven to have acted culpably. It is thus in the interest of the state to require that such manufacturers establish a reserve fund to guarantee a source of compensation and to prevent such manufacturers from deriving large, short-term profits and then becoming judgment-proof before liability may arise.

History:

[39-7801, added 1999, ch. 7, sec. 1, p. 8.]
Idaho Code § 39-504 — Idaho Code / Title 39 / Chapter 5 / Section 39-504
39-504 PETITIONS — ELECTIONS — MODIFICATION — DISSOLUTION — AUTHORITY.
Status: in_force

39-504. Petitions — Elections — Modification — Dissolution — Authority. (1) The establishment of, or participation in, an aquifer protection district may be initiated by the filing of a petition signed by not fewer than fifty (50) qualified electors of any county in which an eligible aquifer is located and who reside within the boundaries of the proposed aquifer protection district. The petition shall be filed with the county clerk of the county in which the signers of the petition are resident. The petition shall designate the proposed boundaries of the aquifer protection district.

(2) Upon the filing of the petition, the county clerk shall promptly examine the petition and certify whether the required number of qualified petitioners have signed the petition. If the number of petition signers is sufficient, the county clerk shall transmit the certified petition to the board of county commissioners.

(3) Upon receipt of a duly certified petition the board of county commissioners shall give notice of an election to be held, which election shall be held at the same time as the primary or general election, in such proposed district for the purpose of determining whether or not the proposed district shall be established or whether or not the county shall participate in a district. Such notice shall include the date and hours of the election, the polling places, the general purposes of the proposed district, a description of lands to be included in the proposed district, and a statement that a map of the proposed district is available in the office of the board of county commissioners. The notice shall be published once each week for three (3) consecutive weeks prior to such election in a newspaper of general circulation within the county.

(4) The election shall be held and conducted consistent with the provisions of chapter 14, title 34, Idaho Code. The board of county commissioners shall appoint three (3) judges of election, one (1) of whom shall act as clerk for the election. At such election the electors shall vote for or against the establishment of, or participation in, the district.

(5) The judges of election shall certify the returns of the election to the board of county commissioners. If a majority of the votes cast at said election are in favor of the establishment of, or participation in, the district, the board of county commissioners shall declare the district established and give it a name by which, in all proceedings, it shall thereafter be known.

(6) Procedures for boundary modification or dissolution of a district created pursuant to this section shall be in substantial compliance with the provisions for petition and election provided in this section.

(7) In the event a board of county commissioners declares a district established pursuant to the procedures prescribed by this section, the district shall be recognized as a legally established political subdivision of the state of Idaho. Unless otherwise limited by law, districts are authorized to work with and across the boundaries of all political subdivisions of the state of Idaho that are wholly or partially located within the external boundaries of the established aquifer protection district. Providing protection of a state-designated sensitive resource aquifer is a governmental function.

History:

[39-504, added 2006, ch. 304, sec. 1, p. 938.]
Idaho Code § 39-5001 — Idaho Code / Title 39 / Chapter 50 / Section 39-5001
39-5001 POLICY.
Status: in_force

39-5001. Policy. The policy of the state of Idaho is hereby declared to be a recognition of the increasing number of persons in the state who, having fulfilled the valuable role of homemaker, find themselves displaced because of death or disability of spouse, or divorce or other loss of family income. As a consequence, displaced homemakers have an insufficient income; high rate of unemployment due to age, lack of paid work experience and discrimination; and limited opportunities to collect funds of assistance from social security, unemployment compensation, medicaid or other health insurance benefits, or pension plans of the spouse. This chapter seeks to coordinate efforts by state and local public agencies in cooperation with private agencies and organizations to assist displaced homemakers to continue as productive citizens, even though their role has necessarily changed.

History:

[(39-5001) 39-4901, added 1980, ch. 333, sec. 1, p. 859; am. and redesig. 2005, ch. 25, sec. 61, p. 105.]
Idaho Code § 39-2805 — Idaho Code / Title 39 / Chapter 28 / Section 39-2805
39-2805 METHOD OF FINANCING ABATEMENT DISTRICTS.
Status: in_force

39-2805. Method of financing abatement districts. The board of county commissioners must levy upon taxable property within the district a tax at a rate not greater than sufficient to raise the amount determined by the board of trustees as approved by the board of county commissioners, as necessary for the operation of the district for the ensuing year. In no event shall such tax exceed one tenth percent (.1%) of the market value for assessment purposes on all taxable property within the district. All taxes thus levied shall be collected in the same manner as other taxes and deposited to the credit of the abatement district and shall be used for no other purposes. Such funds may be withdrawn from the county treasury and upon warrant of the board of trustees of the abatement district, signed by the president of the board and countersigned by its secretary, for the activities of the abatement district.

History:

[39-2805, added 1959, ch. 81, sec. 5, p. 186; am. 1974, ch. 23, sec. 143, p. 633; am. 1993, ch. 199, sec. 2, p. 549; am. 1995, ch. 82, sec. 17, p. 228.]
Idaho Code § 39-6004 — Idaho Code / Title 39 / Chapter 60 / Section 39-6004
39-6004 CONSIDERATION IN AWARD OF CONTRACTS.
Status: in_force

39-6004. Consideration in award of contracts. In awarding contracts pursuant to section 39-6002, Idaho Code, consideration shall be given to factors such as need, coordination with or enhancement of existing services, and evidence of community support or volunteers for the program.

History:

[39-6004, added 1985, ch. 31, sec. 2, p. 61; am. 2018, ch. 169, sec. 10, p. 359.]
Idaho Code § 39-1105 — Idaho Code / Title 39 / Chapter 11 / Section 39-1105
39-1105 CRIMINAL HISTORY CHECKS.
Status: in_force

39-1105. Criminal history checks. (1) All owners, operators, and employees of a daycare facility who have direct contact with children and all other individuals thirteen (13) years of age or older who have unsupervised direct contact with children or are regularly on the premises of a daycare facility shall complete and pass a criminal history and background check in conformance with chapter 25[27], title 56, Idaho Code, at least every five (5) years.

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

(3) Notwithstanding the provisions of section 39-1103, Idaho Code, which provide for exemption from the provisions of this chapter, any person who owns, operates or is employed by a private school for educational purposes for children four (4) through six (6) years of age or a private kindergarten shall comply with the provisions of this section.

History:

[39-1105, added 1987, ch. 56, sec. 1, p. 94; am. 1992, ch. 90, sec. 1, p. 279; am. 1994, ch. 453, sec. 1, p. 1443; am. 2000, ch. 191, sec. 1, p. 472; am. 2009, ch. 295, sec. 5, p. 875; am. 2020, ch. 291, sec. 1, p. 840; am. 2026, ch. 220, sec. 7, p. 923.]
Idaho Code § 39-5509 — Idaho Code / Title 39 / Chapter 55 / Section 39-5509
39-5509 OTHER STATUTES NOT AFFECTED.
Status: in_force

39-5509. Other statutes not affected. The provisions of this chapter shall not be deemed to amend, modify or repeal sections 18-5904, 18-5905 and 18-5906, Idaho Code, relating to no smoking during public meetings.

History:

[39-5509, added 1985, ch. 60, sec. 1, p. 121.]