reglab/housing_qa huggingface dataset:
ID Code § 39-5601 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 56 - PERSONAL ASSISTANCE SERVICES|Section 39-5601 - LEGISLATIVE INTENT.

39-5601. LEGISLATIVE INTENT. The purpose and intent of this chapter is to authorize personal assistance services for medicaid eligible participants in the participant’s home and community. It is further the purpose of this chapter to help maintain these eligible participants in their own homes in order to provide for the greatest degree of independence and self-reliance possible. Personal assistance services are an integral component of the long-term care service delivery system and they are to be designed to provide a range of services for persons who are elderly, for persons with disabilities and for children who meet medical necessity criteria for personal care services (PCS). These services are to help individuals compensate for functional limitations and are to be delivered over a sustained period of time to persons who lost or never acquired some degree of functional capacity. Services will be viewed as enhancing the quality of life, individual choice, consumer control, independence and community integration. Personal assistance services related to functional need shall be provided in order to maintain the independence, privacy, and dignity of the individual in the least restrictive, most cost-effective setting. The participant and, at the option of the participant, the family of the participant, if available, shall be involved in the development of the individual service plan based on the participant’s needs identified through an assessment conducted by the department.  History: [(39-5601) 39-A4701, added 1981, ch. 65, sec. 1, p. 93; am. & redesig. 1990, ch. 326, sec. 1, p. 889; am. 2000, ch. 274, sec. 122, p. 859; am. 2010, ch. 347, sec. 1, p. 905.]
ID Code § 39-5604 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 56 - PERSONAL ASSISTANCE SERVICES|Section 39-5604 - HEALTH AND BACKGROUND CHECKS.

39-5604. HEALTH AND BACKGROUND CHECKS. The director shall require providers to obtain health tests or screens, criminal background and nurse’s aide registry checks, and licenses and/or certifications necessary to protect the health, person and property of the participant for any personal assistant acting as an employee, agent, or contractor of a provider. He may deny provider status or revoke that status when a provider or an employee, agent, or contractor of a provider, is found to endanger the health, person or property of the participant.  History: [(39-5604) I.C., sec. 39-A4704, as added by 1981, ch. 65, sec. 1, p. 93; am. and redesignated 1990, ch. 326, sec. 4, p. 892; am. 2000, ch. 274, sec. 125, p. 863.]
ID Code § 39-5605 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 56 - PERSONAL ASSISTANCE SERVICES|Section 39-5605 - TRAINING OF PERSONAL ASSISTANTS.

39-5605. TRAINING OF PERSONAL ASSISTANTS. The director may require a personal assistant to successfully complete a training program established by the rules before beginning to provide personal assistance services. Those providing personal assistance services when the rule is established will be given a reasonable period of time to obtain the required training. The director may establish different training requirements for different services provided and for personal assistants serving participants with intensive needs. The department shall conduct training to include, but not be limited to, administrative rules, billing procedures and service requirements.  History: [(39-5605) I.C., sec. 39-A4705, as added by 1981, ch. 65, sec. 1, p. 93; am. and redesignated 1990, ch. 326, sec. 5, p. 892; am. 1997, ch. 316, sec. 3, p. 936; am. 2000, ch. 274, sec. 126, p. 864.]
ID Code § 39-5608 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 56 - PERSONAL ASSISTANCE SERVICES|Section 39-5608 - LIABILITY OF ACTIONS UNDER THIS CHAPTER.

39-5608. LIABILITY OF ACTIONS UNDER THIS CHAPTER. (1) The participant, his designee, or legal representative, if such is responsible, shall be liable for any acts of the participant performed or committed while receiving care or services under the provisions of this chapter. (2) The department shall not be held liable for any actions under this chapter, except pursuant to section 39-5603(12), Idaho Code, when the representative of the department is acting on behalf of the participant, his designee, or legal representative; however, the provisions of section 39-5603(10), Idaho Code, shall remain in force. (3) Nothing in this chapter shall exempt the provider of services from any liability caused by such provider’s negligence, abuse, or other improper action.  History: [(39-5608) 39-A4707, 39-5607, added 1981, ch. 65, sec. 1, p. 93; am. and redesig. 1990, ch. 326, sec. 7, p. 893; am. and redesig. 1997, ch. 316, sec. 6, p. 937; am. 2000, ch. 274, sec. 129, p. 865; am. 2006, ch. 283, sec. 2, p. 871; am. 2021, ch. 321, sec. 21, p. 965.]
ID Code § 39-5609 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 56 - PERSONAL ASSISTANCE SERVICES|Section 39-5609 - PERSONAL ASSISTANCE OVERSIGHT COMMITTEE.

39-5609. PERSONAL ASSISTANCE OVERSIGHT COMMITTEE. The department shall establish, as part of the medical care advisory committee (MCAC), an oversight subcommittee consisting of providers of personal assistance services and participants of such services and advocacy organizations representing such participants, and other interested parties, for the purpose of planning, monitoring, and recommending changes to the medicaid waiver and personal assistance programs to the MCAC. At least fifty-one percent (51%) of the committee membership shall be participants or their representatives.  History: [39-5609, added 2000, ch. 274, sec. 130, p. 865; am. 2007, ch. 222, sec. 5, p. 668.]
ID Code § 39-5701 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES|Section 39-5701 - LEGISLATIVE FINDINGS AND INTENT.

39-5701. LEGISLATIVE FINDINGS AND INTENT. The prevention of youth access to tobacco products and electronic smoking devices within the state of Idaho is hereby declared to be a state goal to promote the general health and welfare of Idaho’s young people.  Tobacco use is the leading cause of preventable death in Idaho, and nicotine is a highly addictive, potentially harmful substance. Both present an urgent public health challenge. New and emerging tobacco products and electronic nicotine delivery devices like electronic cigarettes are linked to an increase in youth use of tobacco and nicotine products, are connected to the use of traditional tobacco products like cigarettes, and are associated with increased addiction in youth users. Therefore, it is this state’s policy to prevent the illegal sale, theft, and easy access of tobacco products and electronic smoking devices to minors, to prohibit the possession, distribution, and use of tobacco products and electronic smoking devices by minors, and to otherwise discourage and prevent the possession, use, and trafficking in tobacco products and electronic smoking devices by minors.  History: [39-5701, added 1998, ch. 418, sec. 2, p. 1316; am. 2020, ch. 318, sec. 1, p. 906.]
ID Code § 39-5703 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES|Section 39-5703 - POSSESSION, DISTRIBUTION, OR USE BY A MINOR.

39-5703. POSSESSION, DISTRIBUTION, OR USE BY A MINOR. (1) It shall be unlawful for a minor to possess, receive, purchase, use, or consume tobacco products or electronic smoking devices or to attempt any of the foregoing. (2) It shall be unlawful for a minor to sell or distribute tobacco products or electronic smoking devices or to attempt either of the foregoing. (3) It shall be unlawful for a minor to provide false identification or make any false statement regarding their age in an attempt to obtain tobacco products or electronic smoking devices. (4) A minor who is assisting with a random unannounced inspection in accordance with this chapter shall not be in violation of this chapter. (5) A minor may possess but not sell or distribute tobacco products or electronic smoking devices in the course of employment, for duties such as stocking shelves or carrying purchases to customers’ vehicles. (6) Penalties for violations by a minor. A violation of subsection (1) of this section by a minor shall constitute an infraction and shall be punishable by a fine of seventeen dollars and fifty cents ($17.50). The first violation of subsection (2) or (3) of this section by a minor shall constitute an infraction and shall be punishable by a fine of two hundred dollars ($200). A subsequent violation of subsection (2) or (3) of this section by a minor shall constitute a misdemeanor and shall be punishable by imprisonment in an appropriate facility not exceeding thirty (30) days, a fine not exceeding three hundred dollars ($300), or both such fine and imprisonment. The court may, in addition to the penalties provided in this section, require the minor and the minor’s parents or legal guardian to attend tobacco product or electronic smoking device awareness programs or to perform community service in programs related to tobacco product or electronic smoking device awareness.  History: [39-5703, added 1998, ch. 418, sec. 2, p. 1317; am. 2012, ch. 39, sec. 2, p. 119; am. 2015, ch. 158, sec. 1, p. 553; am. 2020, ch. 318, sec. 3, p. 908.]
ID Code § 39-5704 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES|Section 39-5704 - PERMITTING OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING

39-5704. PERMITTING OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES RETAILERS. (1) It shall be unlawful to sell or distribute or offer tobacco products or electronic smoking devices for sale or distribution at retail or to possess tobacco products or electronic smoking devices with the intention of selling at retail without having first obtained a tobacco product or electronic smoking device permit from the department, which shall be the only retail tobacco product or electronic smoking device permit or license required. Provided however, this section shall not be deemed to require a wholesaler or manufacturer’s representative or employees who, in the course of their employment, stock shelves and replenish tobacco products or electronic smoking devices at a permittee’s place of business to obtain a permit. (2) The department shall administer the permitting of tobacco product or electronic smoking device retailers and shall be authorized to ensure compliance with this chapter. The department may promulgate rules in compliance with chapter 52, title 67, Idaho Code, regarding permitting of tobacco product or electronic smoking device retailers, inspections, and compliance checks, effective training, and employment practices under this chapter.  (3) Permits shall be issued annually for each business location to ensure compliance with the requirements of this chapter. A copy of this chapter, rules adopted by the department, appropriate signage required by this chapter, and any materials deemed necessary shall be provided with each permit issued. (4) A separate permit must be obtained for each place of business and is nontransferable to another person, business, or location. (5) Permittees may display the permit in a prominent location. (6) A permittee may display a sign in each location within a place of business where tobacco products or electronic smoking devices are sold or distributed. A sign may be clearly visible to the customer and the seller and shall state: "STATE LAW PROHIBITS THE SALE OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS. PROOF OF AGE REQUIRED. ANYONE WHO SELLS OR DISTRIBUTES TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO A MINOR IS SUBJECT TO STRICT FINES AND PENALTIES. MINORS ARE SUBJECT TO FINES AND PENALTIES." (7) Permittees are responsible to educate employees as to the requirements of this chapter. (8) It shall be unlawful for the permittee to allow employees who are minors to sell or distribute tobacco products or electronic smoking devices. Exception: Employees who are minors may possess but not sell or distribute tobacco products or electronic smoking devices in the course of employment, for such duties as stocking shelves or carrying purchases to customers’ vehicles.  History: [39-5704, added 1998, ch. 418, sec. 2, p. 1318; am. 2020, ch. 318, sec. 4, p. 908.]
ID Code § 39-5705 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES|Section 39-5705 - SALE OR DISTRIBUTION OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO A MINOR.

39-5705. SALE OR DISTRIBUTION OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO A MINOR. (1) It shall be unlawful to sell, distribute, or offer tobacco products or electronic smoking devices to a minor. (2) It shall be an affirmative defense that the seller of a tobacco product or an electronic smoking device to a minor in violation of this section had requested, examined, and reasonably relied upon a photographic identification from such person establishing that the person is at least eighteen (18) years of age prior to selling such person a tobacco product or an electronic smoking device. The failure of a seller to request and examine photographic identification from a person under eighteen (18) years of age prior to the sale of a tobacco product or an electronic smoking device to such person shall be construed against the seller and form a conclusive basis for the seller’s violation of this section.  History: [39-5705, added 1998, ch. 418, sec. 2, p. 1319; am. 2001, ch. 39, sec. 1, p. 74; am. 2012, ch. 39, sec. 3, p. 119; am. 2020, ch. 318, sec. 5, p. 909.]
ID Code § 39-5706 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES|Section 39-5706 - VENDOR-ASSISTED SALES.

39-5706. VENDOR-ASSISTED SALES. (1) It shall be unlawful to sell or distribute tobacco products or electronic smoking devices by any means other than vendor-assisted sales where the customer has no access to the product except through the assistance of the seller. (2) On and after January 1, 2020, it shall be unlawful to sell or distribute tobacco products or electronic smoking devices from vending machines or self-service displays. (3) Stores with tobacco products or electronic smoking devices comprising at least seventy-five percent (75%) of total merchandise are exempt from requiring vendor-assisted sales, if minors are not allowed in the store and such prohibition is posted clearly on all entrance doors.  History: [39-5706, added 1998, ch. 418, sec. 2, p. 1319; am. 2012, ch. 39, sec. 4, p. 120; am. 2020, ch. 318, sec. 6, p. 909.]
ID Code § 39-5707 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES|Section 39-5707 - OPENED PACKAGES AND SAMPLES.

39-5707. OPENED PACKAGES AND SAMPLES. (1) It shall be unlawful to sell or distribute tobacco products or electronic smoking devices for commercial purposes other than in the federally required sealed package provided by the manufacturer with all the required warning labels and health warnings. (2) It shall be unlawful to sell or distribute tobacco products or electronic smoking devices for free or below the cost of such products to the sellers or distributors of the products for commercial or promotional purposes to members of the general public in public places or at public events.  History: [39-5707, added 1998, ch. 418, sec. 2, p. 1319; am. 2020, ch. 318, sec. 7, p. 910.]
ID Code § 39-5709 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES|Section 39-5709 - CRIMINAL PENALTIES FOR VIOLATIONS WITHOUT A PERMIT.

39-5709. CRIMINAL PENALTIES FOR VIOLATIONS WITHOUT A PERMIT. Sale or distribution of tobacco products or electronic smoking devices, or any violation of this chapter, without a permit is considered by the state of Idaho as an effort to subvert the state’s public purpose to prevent minor’s access to tobacco products or electronic smoking devices. (1) The sale or distribution of tobacco products or electronic smoking devices without a permit shall constitute a misdemeanor punishable by imprisonment not exceeding six (6) months in the county jail, a fine of three hundred dollars ($300), or by both such fine and imprisonment. If the sale or distribution of tobacco products or electronic smoking devices was to a minor, the fine shall be no less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). The provisions of this section shall not be applicable to an employee of the business engaged in the sale of tobacco products or electronic smoking devices if the sale occurred during the course of such employment and the seller does not have an ownership interest in the business. (2) In addition to the penalties set forth in subsection (1) of this section, the court may impose an additional fine of one thousand dollars ($1,000) per day beginning the day following the date of citation as long as the illegal tobacco products or electronic smoking devices sales or distribution continues. The first seven (7) days of additional fines may be suspended, provided that the business or seller is able to prove that the business or seller has applied for the permit within seven (7) days of the citation.  History: [39-5709, added 1998, ch. 418, sec. 2, p. 1320; am. 2020, ch. 318, sec. 9, p. 911.]
ID Code § 39-5710 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES|Section 39-5710 - CONDUCT OF ENFORCEMENT ACTIONS.

39-5710. CONDUCT OF ENFORCEMENT ACTIONS. (1) It is the intent of the legislature that law enforcement agencies, the attorney general, and the department shall enforce this chapter and rules promulgated pursuant thereto in a manner that can reasonably be expected to significantly reduce the extent to which tobacco products and electronic smoking devices are sold or distributed to minors. (2) Law enforcement agencies may conduct random unannounced inspections at locations where tobacco products or electronic smoking devices are sold or distributed to ensure compliance with this chapter. A copy of all citations issued under this chapter shall be submitted to the department. (3) The department shall conduct at least one (1) random unannounced inspection per year at all locations where tobacco products or electronic smoking devices are sold or distributed at retail to ensure compliance with this chapter. The department shall conduct inspections for minor exempt permittees without the assistance of a minor. The department shall conduct inspections for all other permittees with the assistance of a minor. Each year, the department shall conduct random unannounced inspections equal to the number of permittees multiplied by the violation percentage rate reported for the previous year multiplied by a factor of ten (10). Local law enforcement agencies are encouraged to contract with the department to perform these required inspections. (4) Minors may assist with random unannounced inspections with the written consent of a parent or legal guardian. When assisting with these inspections, minors shall not provide false identification nor make any false statement regarding their age. (5) Citizens may file a written complaint of noncompliance of this chapter with the department, or with a law enforcement agency. Permit holders under 26 U.S.C. 5712 may file written complaints relating to delivery sales to the department or the attorney general’s offices. Complaints shall be investigated and the proper enforcement actions taken. (6) Within a reasonable time, not later than two (2) business days after an inspection has occurred, a representative of the business inspected shall be informed in writing of the results of the inspection. (7) The attorney general or his designee, or any person who holds a permit under 26 U.S.C. 5712, may bring an action in district court in Idaho to prevent or restrain violations of this chapter by any person or by any person controlling such person.  History: [39-5710, added 1998, ch. 418, sec. 2, p. 1321; am. 2001, ch. 39, sec. 3, p. 75; am. 2003, ch. 159, sec. 2, p. 450; am. 2003, ch. 273, sec. 2, p. 729; am. 2012, ch. 39, sec. 6, p. 121; am. 2020, ch. 318, sec. 10, p. 911.]
ID Code § 39-5711 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES|Section 39-5711 - FUNDING AND CREATION OF PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES FUND.

39-5711. FUNDING AND CREATION OF PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES FUND. There is hereby created the prevention of minors’ access to tobacco products or electronic smoking devices fund in the state treasury. Moneys in the fund shall be used to fund the administration, inspections and enforcement of this chapter. Moneys in the fund may be expended only pursuant to appropriation. The fund shall consist of: (1) The current federal funds that are available for inspections or for the prevention of minors’ access to tobacco products or electronic smoking devices shall be utilized by the department; (2) The fines from the civil penalties pursuant to section 39-5708, Idaho Code; and (3) Moneys from any other source.  History: [39-5711, added 1998, ch. 418, sec. 2, p. 1321; am. 2020, ch. 318, sec. 11, p. 912.]
ID Code § 39-5712 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES|Section 39-5712 - SEVERABILITY.

39-5712. SEVERABILITY. If any section or provision of this chapter is held invalid, such invalidity shall not affect other sections or provisions of this chapter.  History: [39-5712, added 1998, ch. 418, sec. 2, p. 1321.]
ID Code § 39-5713 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES|Section 39-5713 - LOCAL ORDINANCES.

39-5713. LOCAL ORDINANCES. Nothing in this chapter shall be construed to prohibit local units of government from passing ordinances which are more stringent than the provisions of this chapter. Provided however, local units of government shall not have the power to require a permit or license for the sale or distribution of tobacco products or electronic cigarettes.  History: [39-5713, added 1998, ch. 418, sec. 2, p. 1321; am. 2012, ch. 39, sec. 7, p. 121.]
ID Code § 39-5714 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES|Section 39-5714 - REQUIREMENTS FOR DELIVERY SALES.

39-5714. REQUIREMENTS FOR DELIVERY SALES. (1) No permittee shall make a delivery sale of tobacco products or electronic smoking devices to any individual who is under age eighteen (18) years in this state.  (2) Each permittee taking a delivery sale order shall comply with: the age verification requirements set forth in section 39-5715, Idaho Code; the disclosure and notice requirements set forth in section 39-5716, Idaho Code; the shipping requirements set forth in section 39-5717, Idaho Code; the registration and reporting requirements set forth in section 39-5718, Idaho Code; all tax collection requirements provided by title 63, Idaho Code; and all other laws of the state of Idaho generally applicable to sales of tobacco products or electronic smoking devices that occur entirely within Idaho, including but not limited to those laws imposing excise taxes, sales and use taxes, licensing and tax stamping requirements, and escrow or other payment obligations.  History: [39-5714, added 2003, ch. 273, sec. 3, p. 730; am. 2012, ch. 39, sec. 8, p. 122; am. 2020, ch. 318, sec. 12, p. 912.]