reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 18 - EQUINE ACTIVITIES IMMUNITY ACT › Section 6-1801 - DEFINITIONS.

6-1801. DEFINITIONS. As used in this chapter:
(1) "Engages in an equine activity" means a person who rides, trains, drives or is a passenger upon an equine, whether mounted or unmounted, and does not mean a spectator at an equine activity or a person who participates in the equine activity but does not ride, train, drive or ride as a passenger upon an equine.
(2) "Equine" means a horse, pony, mule, donkey or hinny.
(3) "Equine activity" means:
(a) Equine shows, fairs, competitions, performances or parades that involve any or all breeds of equines and any of the equine disciplines including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three (3) day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, endurance trail riding and western games, and hunting;
(b) Equine training and/or teaching activities;
(c) Boarding equines;
(d) Riding, inspecting or evaluating an equine belonging to another whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect or evaluate the equine; and
(e) Rides, trips, hunts or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor.
(4) "Equine activity sponsor" means an individual, group or club, partnership or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes or provides the facilities for an equine activity including, but not limited to, pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college sponsored classes and programs, therapeutic riding programs, and operators, instructors and promoters of equine facilities including, but not limited to, stables, clubhouses, ponyride strings, fairs and arenas at which the activity is held.
(5) "Equine professional" means a person engaged for compensation in:
(a) Instructing a participant or renting to a participant an equine for the purpose of riding, driving or being a passenger upon the equine; or
(b) Renting equipment or tack to a participant.
(6) "Participant" means any person, whether amateur or professional, who directly engages in an equine activity, whether or not a fee is paid to participate in the equine activity.
History:
[6-1801, added 1990, ch. 40, sec. 1, p. 62.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 18 - EQUINE ACTIVITIES IMMUNITY ACT › Section 6-1802 - LIMITATION OF LIABILITY ON EQUINE ACTIVITIES.

6-1802. LIMITATION OF LIABILITY ON EQUINE ACTIVITIES. (1) Except as provided in subsections (2) and (3) of this section, an equine activity sponsor or an equine professional shall not be liable for any injury to or the death of a participant or equine engaged in an equine activity and, except as provided in subsections (2) and (3) of this section, no participant nor participant’s representative may maintain an action against or recover from an equine activity sponsor or an equine professional for an injury to or the death of a participant or equine engaged in an equine activity.
(2) The provisions of this chapter do not apply to the horse or mule racing industry as regulated in chapter 25, title 54, Idaho Code.
(3) Nothing in subsection (1) of this section shall prevent or limit the liability of an equine activity sponsor or an equine professional:
(a) If the equine activity sponsor or the equine professional:
(i) Provided the equipment or tack and the equipment or tack caused the injury; or
(ii) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, determine the ability of the equine to behave safely with the participant, and to determine the ability of the participant to safely manage the particular equine;
(iii) Owns, leases, rents or otherwise is in lawful possession and control of the land or facilities upon which the participant or equine sustained injuries because of a dangerous latent condition which was known to or should have been known to the equine activity sponsor or the equine professional and for which warning signs have not been conspicuously posted;
(iv) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or equine and that act or omission caused the injury;
(v) Intentionally injures the participant or equine;
(b) Under liability provisions as set forth in the products liability laws; or
(c) Under the liability provisions set forth in chapter 9, title 6, Idaho Code.
History:
[6-1802, added 1990, ch. 40, sec. 1, p. 61; am. 1998, ch. 296, sec. 1, p. 979.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 19 - LIMITATION OF A MENTAL HEALTH PROFESSIONAL’S DUTY TO WARN › Section 6-1901 - MENTAL HEALTH PROFESSIONAL DEFINED.

6-1901. MENTAL HEALTH PROFESSIONAL DEFINED. As used in this chapter "mental health professional" means:
(1) A physician licensed pursuant to chapter 18, title 54, Idaho Code;
(2) A professional counselor licensed pursuant to chapter 34, title 54, Idaho Code;
(3) A psychologist licensed pursuant to chapter 23, title 54, Idaho Code;
(4) A social worker licensed pursuant to chapter 32, title 54, Idaho Code; or
(5) A licensed professional nurse licensed pursuant to chapter 14, title 54, Idaho Code.
History:
[6-1901, added 1991, ch. 235, sec. 1, p. 565.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 19 - LIMITATION OF A MENTAL HEALTH PROFESSIONAL’S DUTY TO WARN › Section 6-1902 - A MENTAL HEALTH PROFESSIONAL’S DUTY TO WARN.

6-1902. A MENTAL HEALTH PROFESSIONAL’S DUTY TO WARN. A mental health professional has a duty to warn a victim if a patient has communicated to the mental health professional an explicit threat of imminent serious physical harm or death to a clearly identified or identifiable victim or victims, and the patient has the apparent intent and ability to carry out such a threat.
History:
[6-1902, added 1991, ch. 235, sec. 1, p. 565.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 19 - LIMITATION OF A MENTAL HEALTH PROFESSIONAL’S DUTY TO WARN › Section 6-1903 - DISCHARGE OF A MENTAL HEALTH PROFESSIONAL’S DUTY TO WARN.

6-1903. DISCHARGE OF A MENTAL HEALTH PROFESSIONAL’S DUTY TO WARN. (1) The duty to warn arises only under the limited circumstances specified in section 6-1902, Idaho Code. The duty to warn a clearly identifiable victim shall be discharged when the mental health professional has made a reasonable effort to communicate, in a reasonable timely manner, the threat to the victim and has notified the law enforcement agency closest to the patient’s or victim’s residence of the threat of violence, and has supplied a requesting law enforcement agency with any information he has concerning the threat of violence. If the victim is a minor, in addition to notifying the appropriate law enforcement agency as required in this subsection, the mental health professional shall make a reasonable effort to communicate the threat to the victim’s custodial parent, noncustodial parent, or legal guardian.
(2) The provisions of this section do not limit or affect the mental health professional’s duty to report child abuse or neglect in accordance with section 16-1605, Idaho Code.
History:
[6-1903, added 1991, ch. 235, sec. 1, p. 565; am. 2005, ch. 391, sec. 2, p. 1264.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 19 - LIMITATION OF A MENTAL HEALTH PROFESSIONAL’S DUTY TO WARN › Section 6-1904 - IMMUNITY FROM LIABILITY.

6-1904. IMMUNITY FROM LIABILITY. (1) No professional disciplinary procedure, no monetary liability and no cause of action may arise against any mental health care professional for failure to predict or take precautions to provide protection from a patient’s violent behavior, other than the duty to warn provided in section 6-1902, Idaho Code, unless the mental health care professional failed to exercise that reasonable degree of skill, knowledge, and care ordinarily possessed and exercised by members of his professional specialty under similar circumstances.
(2) No professional disciplinary procedure, no monetary liability and no cause of action may arise against any mental health professional, who has a reasonable basis for believing that he has a duty to warn pursuant to section 6-1902, Idaho Code, for disclosing confidential or privileged information in an effort to discharge such duty.
(3) The provisions of this section do not modify any duty to take precautions to prevent harm by a patient that may arise if the patient is within the custodial responsibility of a hospital or other facility or is being discharged therefrom.
(4) Except as provided in section 6-1902, Idaho Code, the provisions of this section do not modify the provisions of sections 6-1001 through 6-1013, Idaho Code.
History:
[6-1904, added 1991, ch. 235, sec. 1, p. 566; am. 2010, ch. 79, sec. 1, p. 133.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 20 - DISPARAGEMENT OF AGRICULTURAL FOOD PRODUCTS › Section 6-2001 - LEGISLATIVE INTENT.

6-2001. LEGISLATIVE INTENT. The legislature hereby finds, determines and declares that the production of agricultural food products constitutes a large proportion of the Idaho economy and that it is beneficial to the citizens of this state to protect the vitality of the agricultural economy by providing a legal cause of action for producers of perishable agricultural food products to recover damages for the disparagement of any perishable agricultural food product.
History:
[6-2001, added 1992, ch. 252, sec. 1, p. 736.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 20 - DISPARAGEMENT OF AGRICULTURAL FOOD PRODUCTS › Section 6-2002 - DEFINITIONS.

6-2002. DEFINITIONS. As used in this chapter:
(1) "Disparagement" means the publication to a third party of a false factual statement; and
(a) The published statement is of and concerning the plaintiff’s specific perishable agricultural food product;
(b) The statement clearly impugns the safety of the product;
(c) The defendant intended the publication to cause harm to the plaintiff’s pecuniary interest, or either recognized or reasonably should have recognized that it was likely to do so;
(d) The defendant made the statement with actual malice, that is, he knew that the statement was false or acted in reckless disregard of its truth or falsity; and
(e) The statement does in fact cause the plaintiff pecuniary loss.
(2) "Perishable agricultural food product" means an agricultural product as defined in section 22-2602, Idaho Code, intended for human consumption which is sold or distributed in a form that will perish or decay beyond marketability within a period of time.
History:
[6-2002, added 1992, ch. 252, sec. 1, p. 736; am. 2001, ch. 20, sec. 1, p. 26.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 20 - DISPARAGEMENT OF AGRICULTURAL FOOD PRODUCTS › Section 6-2003 - DISPARAGEMENT OF PERISHABLE AGRICULTURAL FOOD PRODUCTS — RIGHT OF ACTION FOR DAMAGES.

6-2003. DISPARAGEMENT OF PERISHABLE AGRICULTURAL FOOD PRODUCTS — RIGHT OF ACTION FOR DAMAGES. (1) A producer of perishable agricultural food products who suffers actual damages as a result of another person’s disparagement of the producer’s product may bring an action for actual damages in a court of competent jurisdiction.
(2) The plaintiff shall bear the burden of proof and persuasion as to each element of the cause of action and must prove each element by clear and convincing evidence.
(3) The plaintiff may only recover actual pecuniary damages. Neither presumed nor punitive damages shall be allowed.
(4) The disparaging factual statement must be clearly directed at a particular plaintiff’s product. A factual statement regarding a generic group of products, as opposed to a specific producer’s product, shall not serve as the basis for a cause of action.
(5) Notwithstanding any limitation contained in chapter 2, title 5, Idaho Code, an action under the provisions of this chapter must be commenced within two (2) years after the cause of action accrues and not thereafter.
(6) This statutory cause of action is not intended to abrogate the common law action for product disparagement or any other cause of action otherwise available.
History:
[6-2003, added 1992, ch. 252, sec. 1, p. 737.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 21 - PROTECTION OF PUBLIC EMPLOYEES › Section 6-2101 - LEGISLATIVE INTENT.

6-2101. LEGISLATIVE INTENT. The legislature hereby finds, determines and declares that government constitutes a large proportion of the Idaho work force and that it is beneficial to the citizens of this state to protect the integrity of government by providing a legal cause of action for public employees who experience adverse action from their employer as a result of reporting waste and violations of a law, rule or regulation.
History:
[6-2101, added 1994, ch. 100, sec. 1, p. 227.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 21 - PROTECTION OF PUBLIC EMPLOYEES › Section 6-2103 - DEFINITIONS.

6-2103. DEFINITIONS. As used in this chapter:
(1) "Adverse action" means to discharge, threaten or otherwise discriminate against an employee in any manner that affects the employee’s employment, including compensation, terms, conditions, location, rights, immunities, promotions or privileges.
(2) "Communicate" means a verbal or written report.
(3) "Employee" means a person who performs a service for wages or other remuneration.
(4) (a) "Employer" means the state of Idaho, or any political subdivision or governmental entity eligible to participate in the public employees retirement system, chapter 13, title 59, Idaho Code;
(b) "Employer" includes an agent of an employer.
(5) "Public body" means any of the following:
(a) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, educational institution or any other body in the executive branch of state government;
(b) An agency, board, commission, council, institution member or employee of the legislative branch of state government;
(c) A county, city, town, regional governing body, council, school district, special district, municipal corporation, other political subdivision, board, department, commission, council, agency or any member or employee of them;
(d) Any other body that is created by state or local authority, or any member or employee of that body;
(e) A law enforcement agency or any member or employee of a law enforcement agency; and
(f) The judiciary and any member or employee of the judiciary.
History:
[6-2103, added 1994, ch. 100, sec. 1, p. 227.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 21 - PROTECTION OF PUBLIC EMPLOYEES › Section 6-2104 - REPORTING OF GOVERNMENTAL WASTE OR VIOLATION OF LAW — EMPLOYER ACTION.

6-2104. REPORTING OF GOVERNMENTAL WASTE OR VIOLATION OF LAW — EMPLOYER ACTION.
(1) (a) An employer may not take adverse action against an employee because the employee, or a person authorized to act on behalf of the employee, communicates in good faith the existence of any waste of public funds, property or manpower, or a violation or suspected violation of a law, rule or regulation adopted under the law of this state, a political subdivision of this state or the United States. Such communication shall be made at a time and in a manner that gives the employer reasonable opportunity to correct the waste or violation.
(b) For purposes of paragraph (a) of this subsection, an employee communicates in good faith if there is a reasonable basis in fact for the communication. Good faith is lacking where the employee knew or reasonably ought to have known that the report is malicious, false or frivolous.
(2) (a) An employer may not take adverse action against an employee because an employee in good faith participates or communicates information in good faith in an investigation, hearing, court proceeding, legislative or other inquiry, or other form of administrative review concerning the existence of any waste of public funds, property, or manpower, or a violation or suspected violation of a law, rule, or regulation adopted under the law of this state, a political subdivision of this state, or the United States.
(b) For purposes of paragraph (a) of this subsection, an employee participates or gives information in good faith if there is a reasonable basis in fact for the participation or the provision of the information. Good faith is lacking where the employee knew or reasonably ought to have known that the employee’s participation or the information provided by the employee is malicious, false or frivolous.
(3) An employer may not take adverse action against an employee because the employee has objected to or refused to carry out a directive that the employee reasonably believes violates a law or a rule or regulation adopted under the authority of the laws of this state, political subdivision of this state or the United States.
(4) An employer may not implement rules or policies that unreasonably restrict an employee’s ability to document the existence of any waste of public funds, property or manpower, or a violation or suspected violation of any laws, rules or regulations.
History:
[6-2104, added 1994, ch. 100, sec. 1, p. 227; am. 2017, ch. 272, sec. 1, p. 712; am. 2020, ch. 295, sec. 1, p. 848.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 21 - PROTECTION OF PUBLIC EMPLOYEES › Section 6-2105 - REMEDIES FOR EMPLOYEE BRINGING ACTION — PROOF REQUIRED.

6-2105. REMEDIES FOR EMPLOYEE BRINGING ACTION — PROOF REQUIRED. (1) As used in this section, "damages" means damages for injury or loss caused by each violation of this chapter, and includes court costs and reasonable attorneys’ fees.
(2) An employee who alleges a violation of this chapter may bring a civil action for appropriate injunctive relief or actual damages, or both, within one hundred eighty (180) days after the occurrence of the alleged violation of this chapter.
(3) An action begun under this section may be brought in the district court for the county where the alleged violation occurred, the county where the complainant resides, or the county where the person against whom the civil complaint is filed resides or has his principal place of business.
(4) To prevail in an action brought under the authority of this section, the employee shall establish, by a preponderance of the evidence, that the employee has suffered an adverse action because the employee, or a person acting on his behalf, engaged or intended to engage in an activity protected under section 6-2104, Idaho Code.
(5) (a) In no action brought pursuant to this chapter shall a judgment for noneconomic damages be entered for a claimant exceeding the limitation on damages contained in section 6-1603(1), Idaho Code.
(b) The limitation contained in this subsection shall apply to the sum of noneconomic damages sustained by a claimant.
(c) Governmental entities and their employees shall not be liable for punitive damages on any claim allowed under the provisions of this section.
History:
[6-2105, added 1994, ch. 100, sec. 1, p. 228; am. 2020, ch. 295, sec. 2, p. 849.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 21 - PROTECTION OF PUBLIC EMPLOYEES › Section 6-2106 - COURT ORDERS FOR VIOLATION OF CHAPTER.

6-2106. COURT ORDERS FOR VIOLATION OF CHAPTER. A court, in rendering a judgment brought under this chapter, may order any or all of the following:
(1) An injunction to restrain continued violation of the provisions of this act;
(2) The reinstatement of the employee to the same position held before the adverse action, or to an equivalent position;
(3) The reinstatement of full fringe benefits and seniority rights;
(4) The compensation for lost wages, benefits and other remuneration;
(5) The payment by the employer of reasonable costs and attorneys’ fees;
(6) An assessment of a civil fine of not more than five hundred dollars ($500), which shall be submitted to the state treasurer for deposit in the general fund.
History:
[6-2106, added 1994, ch. 100, sec. 1, p. 228.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 21 - PROTECTION OF PUBLIC EMPLOYEES › Section 6-2107 - AWARD OF ATTORNEYS’ FEES AND COSTS TO EMPLOYER — ACTION WITHOUT BASIS IN LAW OR FACT.

6-2107. AWARD OF ATTORNEYS’ FEES AND COSTS TO EMPLOYER — ACTION WITHOUT BASIS IN LAW OR FACT. A court may also order that reasonable attorneys’ fees and court costs be awarded to an employer if the court determines that an action brought by an employee under this chapter is without basis in law or in fact. However, an employee shall not be assessed attorneys’ fees under this section if, after exercising reasonable and diligent efforts after filing a suit, the employee files a voluntary dismissal concerning the employer, within a reasonable time after determining that the employer would not be liable for damages.
History:
[6-2107, added 1994, ch. 100, sec. 1, p. 229.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 21 - PROTECTION OF PUBLIC EMPLOYEES › Section 6-2108 - NO IMPAIRMENT OF EMPLOYEE RIGHTS UNDER COLLECTIVE BARGAINING AGREEMENT — CONFIDENTIALITY PROTECTED.

6-2108. NO IMPAIRMENT OF EMPLOYEE RIGHTS UNDER COLLECTIVE BARGAINING AGREEMENT — CONFIDENTIALITY PROTECTED. This chapter shall not be construed to diminish or impair the rights of an employee under any collective bargaining agreement, nor to permit disclosures which would diminish or impair the rights of any person to the continued protection of confidentiality of communications where statute or common law provides such protection.
History:
[6-2108, added 1994, ch. 100, sec. 1, p. 229.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 21 - PROTECTION OF PUBLIC EMPLOYEES › Section 6-2109 - NOTICE OF EMPLOYEE PROTECTION.

6-2109. NOTICE OF EMPLOYEE PROTECTION. An employer shall use appropriate means to notify its employees of their protection and obligation under this chapter.
History:
[6-2109, added 1994, ch. 100, sec. 1, p. 229.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 22 - CONSTITUTIONALLY BASED EDUCATIONAL CLAIMS ACT › Section 6-2201 - SHORT TITLE.

6-2201. SHORT TITLE. This chapter shall be known and may be cited as the "Constitutionally Based Educational Claims Act."
History:
[6-2201, added 1996, ch. 258, sec. 1, p. 845.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 22 - CONSTITUTIONALLY BASED EDUCATIONAL CLAIMS ACT › Section 6-2202 - PURPOSE OF CHAPTER — DEFINITION OF CONSTITUTIONALLY BASED EDUCATIONAL CLAIM.

6-2202. PURPOSE OF CHAPTER — DEFINITION OF CONSTITUTIONALLY BASED EDUCATIONAL CLAIM. Section 1, article IX, of the constitution of the state of Idaho provides: "The stability of a republican form of government depending mainly upon the intelligence of the people, it shall be the duty of the legislature of Idaho, to establish and maintain a general, uniform and thorough system of public, free common schools." The purpose of this chapter is to provide a mechanism for adjudicating the performance of that duty when there are allegations that public schools do not provide educational services that they are required to provide as part of a general, uniform and thorough system of public, free common schools. In this chapter, a constitutionally based educational claim is defined as a claim that public schools are not providing educational services that they are required to provide under section 1, article IX, of the constitution of the state of Idaho, and constitutionally required educational services are defined as the educational services that must be provided under section 1, article IX, of the constitution of the state of Idaho. In particular, this chapter provides procedures for adjudicating constitutionally based educational claims and administrative and judicial remedies to be implemented when public schools in a specific local school district are not providing constitutionally required educational services as part of a general, uniform and thorough system of public, free common schools that has been established by the legislature. It is the policy of this chapter whenever possible that constitutionally based educational claims shall be settled locally through consent agreements or plans proposed by local school districts and that state intervention in local school districts be a last resort.
History:
[6-2202, added 1996, ch. 258, sec. 1, p. 845.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 22 - CONSTITUTIONALLY BASED EDUCATIONAL CLAIMS ACT › Section 6-2203 - SYSTEM ESTABLISHED UNDER SECTION 1, ARTICLE IX.

6-2203. SYSTEM ESTABLISHED UNDER SECTION 1, ARTICLE IX. The legislature hereby declares that the statutes allowing the creation of or chartering local school districts and giving them authority to raise and spend moneys and to provide educational services are designed to establish and maintain a general, uniform and thorough system of public, free common schools. The legislature hereby declares that the public schools operated by and the educational services provided by local school districts, together with any public schools operated by the state, constitute the system of public, free common schools described in section 1, article IX of the constitution of the state of Idaho.
History:
[6-2203, added 1996, ch. 258, sec. 1, p. 846.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 22 - CONSTITUTIONALLY BASED EDUCATIONAL CLAIMS ACT › Section 6-2204 - RESPONSIBILITY FOR PROVIDING EDUCATIONAL SERVICES REQUIRED BY THE CONSTITUTION.

6-2204. RESPONSIBILITY FOR PROVIDING EDUCATIONAL SERVICES REQUIRED BY THE CONSTITUTION. The legislature has established a system of public, free common schools by its authorization of the creation of or chartering of local school districts. Local school districts are hereby declared to have the primary responsibility for provision of constitutionally required educational services and for assuring themselves and the public that the local school districts are operating their schools as part of a general, uniform and thorough system of public, free common schools. When a local school district is unable to meet its responsibilities under this chapter because it does not provide constitutionally required educational services, this chapter provides judicial and administrative remedies to bring schools operated by the local school district into compliance with section 1, article IX, of the constitution of the state of Idaho and first prescribes local solutions where possible.
History:
[6-2204, added 1996, ch. 258, sec. 1, p. 846.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 22 - CONSTITUTIONALLY BASED EDUCATIONAL CLAIMS ACT › Section 6-2206 - PATRON COMPLAINTS TO BE FORWARDED TO ATTORNEY GENERAL.

6-2206. PATRON COMPLAINTS TO BE FORWARDED TO ATTORNEY GENERAL. When a patron complaint is filed against a school district pursuant to this chapter, a copy of the complaint shall also be served on the attorney general, who shall notify the legislature and the superintendent of public instruction that the complaint has been filed. Either the legislature or the superintendent of public instruction may intervene as plaintiffs in the patron suit as a matter of right. No action shall be taken in the patron suit, except for the school district’s filing of an answer to the patron complaint, until a copy of the complaint has been forwarded to the attorney general and the legislature and the superintendent of public instruction have been given thirty-five (35) calendar days to decide whether to intervene as a matter of right as plaintiffs in the patron suit.
History:
[6-2206, added 1996, ch. 258, sec. 1, p. 847.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 22 - CONSTITUTIONALLY BASED EDUCATIONAL CLAIMS ACT › Section 6-2207 - BENCH TRIAL.

6-2207. BENCH TRIAL. When a complaint is filed against a school district pursuant to this chapter, trial shall be before the district court sitting without a jury.
History:
[6-2207, added 1996, ch. 258, sec. 1, p. 848.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 22 - CONSTITUTIONALLY BASED EDUCATIONAL CLAIMS ACT › Section 6-2208 - DISTRICT COURT FINDINGS.

6-2208. DISTRICT COURT FINDINGS. Upon reaching the merits of the constitutionally based educational claim, the district court shall find whether the defendant local school district is providing all constitutionally required educational services. If the district court shall find that the defendant local school district is providing all constitutionally required educational services, it shall issue a declaratory judgment to that effect. If the district court shall find that the defendant local school district is not providing all constitutionally required educational services, the district court shall then conduct further proceedings as necessary to allow it to make the following findings:
(1) The local school district (a) does or does not offer educational or other services that are not constitutionally required, and (b) does or does not offer the constitutionally required educational services that it does offer in a manner that consumes more of the local school district’s resources than necessary to offer the constitutionally required educational services that it does offer.
(2) If the local school district (a) offers educational or other services that are not constitutionally required, or (b) offers some of the services that are constitutionally required in a manner that consumes more of the local school district’s resources than necessary to provide the constitutionally required educational services that it does offer, there is or is not a manner that resources devoted to offering services not constitutionally required or that consume more resources than necessary may be redirected to offer services that are constitutionally required but are not being offered. In making this finding, the district court shall take into account any federal mandates with which the local school district must comply, and the local school district shall not be obligated to redirect its resources from complying with federal mandates.
(3) The local school district (a) does or does not impose maintenance and operations tax levies, supplemental maintenance and operations tax levies, and school emergency fund levies up to the statutory maximum allowed by law without holding further elections, and (b) does or does not impose maintenance and operations tax levies, supplemental maintenance and operations tax levies, and school emergency fund levies in a total amount that equals or exceeds the sum of the maximum statutory maintenance and operations levy and maximum statutory emergency fund levy plus the simple average of all supplemental maintenance and operations levies of all the local school districts in the state. In making this calculation, the district court may take official notice of publications of the superintendent of public instruction or may by order direct the superintendent of public instruction to supply calculations for the district court’s use.
History:
[6-2208, added 1996, ch. 258, sec. 1, p. 848.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 22 - CONSTITUTIONALLY BASED EDUCATIONAL CLAIMS ACT › Section 6-2211 - DISTRICT COURT’S CONTINUING JURISDICTION.

6-2211. DISTRICT COURT’S CONTINUING JURISDICTION. When the district court has issued an order over which it has continuing jurisdiction under this chapter, the district court may review as necessary, but not less than annually, the question whether the local school district has complied with its obligation to offer constitutionally required educational services. Upon its review, the district court shall take the following actions:
(1) If the district court finds that the local school district has at that time complied with its obligation to provide constitutionally required educational services, it shall issue a declaratory judgment to that effect, and it may dissolve any orders previously in place as it finds appropriate.
(2) If the district court finds that the local school district has not yet complied with its obligations to provide constitutionally required educational services, but is making good faith progress toward compliance with its obligations to provide constitutionally required educational services, it shall issue an interlocutory finding to that effect and continue its jurisdiction.
(3) If the district court finds that:
(a) The local school district has not yet complied with its obligations to provide constitutionally required educational services;
(b) The local school district does not offer educational or other services not federally mandated or constitutionally required;
(c) The local school district does not offer constitutionally required educational services in a manner that consumes more of the local school district’s resources than necessary to provide the constitutionally required educational services that it does offer;
(d) The sum of the local school district’s maintenance and operations levy, supplemental maintenance and operations levy, emergency fund levy, and educational necessity levy equals or exceeds the comparison made in section 6-2210(1), Idaho Code; and
(e) The local school district does not have the resources to meet its obligation to provide constitutionally required educational services;
the district court shall issue an order authorizing the plaintiffs to add the state and/or the legislature as defendants.
(4) If the district court finds that the local school district has not yet complied with its obligations to provide constitutionally required educational services and is not making good faith efforts toward substantial compliance, it shall continue its jurisdiction and may issue such orders as it finds necessary to compel good faith efforts on the local school district’s part, including an order for state supervision.
History:
[6-2211, added 1996, ch. 258, sec. 1, p. 852.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 22 - CONSTITUTIONALLY BASED EDUCATIONAL CLAIMS ACT › Section 6-2212 - STATE SUPERVISION.

6-2212. STATE SUPERVISION. When authorized by law, the district court, or the state board of education pursuant to section 33-909, Idaho Code, may issue an order for state supervision of a local school district. When an order for state supervision of a local school district is entered by the district court, the superintendent of public instruction shall within thirty-five (35) calendar days appoint, at local school district expense, an officer to be known as a district supervisor. When an order for state supervision of a local school district is entered by the state board of education, the district supervisor shall be appointed pursuant to section 33-909, Idaho Code, at local school district expense. The district supervisor shall have authority to approve or disapprove any actions of the board of the local school district, to supervise or dismiss superintendents, assistant superintendents, and any other district administrative personnel, and to take any actions necessary to further the local school district’s obligations to provide constitutionally required educational services. In the case of appointment by the superintendent of public instruction, the district supervisor shall serve at the pleasure of the superintendent of public instruction until removed by the superintendent of public instruction or the superintendent of public instruction reports to the district court that the local school district is in substantial compliance with its obligations to provide constitutionally required educational services, or until the district court, upon its own motion or upon motion of any of the parties, orders state supervision to end. In the case of appointment by the state board of education, the district supervisor shall serve pursuant to section 33-909, Idaho Code.
History:
[6-2212, added 1996, ch. 258, sec. 1, p. 852; am. 2006, ch. 311, sec. 2, p. 958.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 22 - CONSTITUTIONALLY BASED EDUCATIONAL CLAIMS ACT › Section 6-2213 - SUIT AGAINST STATE.

6-2213. SUIT AGAINST STATE. When the district court has authorized the plaintiffs to add the state or the legislature as defendants in a suit brought under this chapter, if the legislature is not already party to the suit, the legislature may move to reopen the proceedings to present evidence with regard to the district court’s findings that preceded the district court’s authorization to sue the state and/or the legislature, or it may stand on the record and findings before the district court. Following any additional evidence that may be offered after the state and/or the legislature is added as a defendant, if the district court finds that:
(1) The local school district has not yet complied with its obligations to provide constitutionally required educational services;
(2) The local school district does not offer educational or other services not federally mandated or constitutionally required;
(3) The local school district does not offer the constitutionally required educational services that it does offer in a manner that consumes more of the local school district’s resources than necessary to provide the constitutionally required educational services that it does offer;
(4) The sum of the local school district’s maintenance and operations levy, supplemental maintenance and operations levy, emergency fund levy, and educational necessity levy equal or exceed the comparison made in section 6-2210(1), Idaho Code; and
(5) The local school district does not have the resources to meet its obligation to provide constitutionally required educational services;
the district court shall enter a declaratory judgment finding that the system of public, free common schools established by law is unconstitutional as applied to the patrons of that local school district. If the district court cannot make all of these five (5) findings, it shall dismiss the complaint against the state and/or the legislature, but retain jurisdiction over the other defendants as necessary. The district court shall not issue any other final judgments or orders against the state and/or the legislature except as authorized by this section.
History:
[6-2213, added 1996, ch. 258, sec. 1, p. 853.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 22 - CONSTITUTIONALLY BASED EDUCATIONAL CLAIMS ACT › Section 6-2214 - EDUCATIONAL NECESSITY LEVY.

6-2214. EDUCATIONAL NECESSITY LEVY. (1) In general. There is hereby created an educational necessity levy that may be levied by a local school district as authorized in this chapter. The educational necessity levy shall expire upon order of the district court having jurisdiction over a suit brought under this chapter or five (5) years after it comes into existence, whichever comes first. An educational necessity levy authorized by this chapter may be imposed under the terms of this chapter, notwithstanding the provisions of section 63-802, Idaho Code.
(2) For safety and health. Notwithstanding any other provisions of this chapter, the district court may impose an educational necessity levy for the purpose of raising revenues to abate unsafe or unhealthy conditions that have been identified by findings of fact or a judgment of the district court, by a consent agreement that has been accepted (with or without modification) by the district court, or by a local school district plan to abate unsafe or unhealthy conditions that has been accepted (with or without modification) by the district court. The district court shall approve an educational necessity levy if it finds that the school district has no alternative source of revenue to use to abate unsafe or unhealthy conditions that have been identified by findings of fact or judgment of the district court, by a consent agreement that has been accepted (with or without modification) by the district court or by a local school district plan to abate unsafe or unhealthy conditions that has been accepted (with or without modification) by the district court. The limitations of sections 6-2209 and 6-2210, Idaho Code, regarding the calculation of and the maximum amount of the educational necessity levy do not apply to an educational necessity levy imposed to abate unsafe or unhealthy conditions that have been identified by findings of fact or a judgment of the district court, by a consent agreement that has been accepted (with or without modification) by the district court, or by a local school district plan to abate unsafe or unhealthy conditions that has been accepted (with or without modification) by the district court.
History:
[6-2214, added 1996, ch. 258, sec. 1, p. 853; am. 2003, ch. 339, sec. 2, p. 914.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 22 - CONSTITUTIONALLY BASED EDUCATIONAL CLAIMS ACT › Section 6-2216 - SEVERABILITY.

6-2216. 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 the remaining portions of this act.
History:
[6-2216, added 1996, ch. 258, sec. 1, p. 854.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 23 - CLAIMS AGAINST NURSING FACILITIES › Section 6-2301 - PRELITIGATION HEARING PANEL — LICENSED NURSING FACILITIES.

6-2301. PRELITIGATION HEARING PANEL — LICENSED NURSING FACILITIES. In the event of an alleged negligence or wrongful death case involving a claim for damages against a licensed nursing facility operating in the state of Idaho, the Idaho state board of examiners of nursing home administrators is directed to cooperate in providing a prelitigation hearing panel. The panel shall operate in the nature of a special civil grand jury and procedure for prelitigation consideration of personal injury and wrongful death claims for damages arising out of the provision of or alleged failure to provide medical, nursing, or health care services in the state of Idaho. The proceedings shall be informal and nonbinding, but shall be compulsory as a condition precedent to litigation. Proceedings conducted or maintained under the authority of this chapter shall at all times be subject to disclosure according to chapter 1, title 74, Idaho Code. Formal rules of evidence shall not apply and all proceedings shall be expeditious and informal.
History:
[6-2301, added 1999, ch. 395, sec. 1, p. 1094; am. 2015, ch. 141, sec. 5, p. 381.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 23 - CLAIMS AGAINST NURSING FACILITIES › Section 6-2302 - APPOINTMENT OF HEARING PANEL.

6-2302. APPOINTMENT OF HEARING PANEL. The board of examiners of nursing home administrators shall provide for and appoint an appropriate panel or panels to accept and hear complaints of negligence and damages, made by or on behalf of any patient who is an alleged victim of negligence. The panels shall include one (1) person who is a then serving licensed administrator of a licensed nursing facility in the state of Idaho. One (1) additional member of each such panel shall be appointed by the commissioners of the Idaho state bar, which person shall be a resident lawyer licensed to practice law in the state of Idaho, and shall serve as chairman of the panel. The panelists so appointed shall select by unanimous decision a layman panelist who shall not be a lawyer, doctor or nursing facility employee but who shall be a responsible adult citizen of Idaho. All panelists shall swear under oath that they are without bias or conflict of interest as respects any matter under consideration.
History:
[6-2302, added 1999, ch. 395, sec. 1, p. 1094.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 23 - CLAIMS AGAINST NURSING FACILITIES › Section 6-2303 - FEES — CONFIDENTIALITY.

6-2303. FEES — CONFIDENTIALITY. The Idaho state board of examiners of nursing home administrators shall provide, by uniform policy of the board, for the payment of fees and expenses of members of panels, such payment to be made from the occupational licenses fund. Panel members shall serve upon the sworn commitment that all related matters shall be subject to disclosure according to chapter 1, title 74, Idaho Code, and privileged.
History:
[6-2303, added 1999, ch. 395, sec. 1, p. 1095; am. 2015, ch. 141, sec. 6, p. 381.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 23 - CLAIMS AGAINST NURSING FACILITIES › Section 6-2304 - APPLICATION OF LAWS.

6-2304. APPLICATION OF LAWS. Sections 6-1003, 6-1004, 6-1005, 6-1006, 6-1007, 6-1008, 6-1009 and 6-1011, Idaho Code, shall apply to prelitigation panels conducted pursuant to this chapter.
History:
[6-2304, added 1999, ch. 395, sec. 1, p. 1095.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 25 - NOTICE AND OPPORTUNITY TO REPAIR ACT › Section 6-2501 - SHORT TITLE.

6-2501. SHORT TITLE. This chapter shall be known and may be cited as the "Notice and Opportunity to Repair Act."
History:
[6-2501, added 2003, ch. 133, sec. 1, p. 386.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 25 - NOTICE AND OPPORTUNITY TO REPAIR ACT › Section 6-2502 - DEFINITIONS.

6-2502. DEFINITIONS. Unless the context clearly requires otherwise, as used in this chapter:
(1) "Action" means any civil lawsuit or action in contract or tort for damages or indemnity brought against a construction professional to assert a claim, whether by complaint, counterclaim or cross-claim, for damage or the loss of use of real or personal property caused by a defect in the construction of a residence or in the substantial remodel of a residence. "Action" does not include any civil action in tort alleging personal injury or wrongful death to a person or persons resulting from a construction defect.
(2) "Association" means a homeowner’s association, condominium management body, unit owner’s organization or a nonprofit corporation created to own and operate portions of a planned community which has the power to assess unit owners to pay the costs and expenses incurred in the performance of the association’s obligations.
(3) "Claimant" means a homeowner or association that asserts a claim against a construction professional concerning a defect in the construction of a residence or in the substantial remodel of a residence.
(4) "Construction professional" means any person with a right to lien pursuant to section 45-501, Idaho Code, an architect, subdivision owner or developer, builder, contractor, subcontractor, engineer or inspector, performing or furnishing the design, supervision, inspection, construction or observation of the construction of any improvement to residential real property, whether operating as a sole proprietor, partnership, corporation, limited liability company or other business entity.
(5) "Homeowner" means:
(a) Any person who contracts with a construction professional for the construction, sale, or construction and sale of a residence; and
(b) An association as defined in this section.
"Homeowner" includes a subsequent purchaser of a residence from any homeowner.
(6) "Person" means an individual, an association as defined in this section, or a corporation, business trust, estate, trust, partnership, limited liability company, joint venture or other legal business entity.
(7) "Residence" means a single-family house, duplex, triplex, quadraplex, condominium or a unit in a multiunit residential structure in which title to each individual unit is transferred to the owner under a cooperative system.
(8) "Serve" or "service" means personal service or delivery by certified mail to the last known address of the addressee.
(9) "Substantial remodel" means a remodel of a residence, for which the total cost exceeds one-half (1/2) of the assessed value of the residence for property tax purposes at the time the contract for the remodel work was made.
History:
[6-2502, added 2003, ch. 133, sec. 1, p. 386.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 26 - CLANDESTINE DRUG LABORATORY CLEANUP ACT › Section 6-2601 - SHORT TITLE.

6-2601. SHORT TITLE. This chapter shall be known and may be cited as the "Clandestine Drug Laboratory Cleanup Act."
History:
[6-2601, added 2005, ch. 215, sec. 1, p. 687.]