reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 61 - IDAHO CONRAD J-1 VISA WAIVER AND NATIONAL INTEREST WAIVER PROGRAMS › Section 39-6114A - REQUIRED APPLICATION FORMS AND DOCUMENTS FOR A NATIONAL INTEREST WAIVER REQUEST.

39-6114A. REQUIRED APPLICATION FORMS AND DOCUMENTS FOR A NATIONAL INTEREST WAIVER REQUEST. (1) Applications for the national interest waiver program must include but not be limited to the following:
(a) Evidence of recruiting efforts over a minimum of three (3) months prior to when the petitioning physician applied for the vacancy. This evidence must include documentation that the health care facility has utilized broad recruitment efforts and was unsuccessful;
(b) Evidence that the physician selected for the position visited the practice site;
(c) A list of physicians who applied for the position and the reason they were not selected;
(d) Evidence that the applicant has been providing medical or mental health care in Idaho for at least twelve (12) months or meets the requirements for a new start as defined in section 39-6105, Idaho Code. This includes but may not be limited to the Idaho taxpayer identification number, facility address, fax and telephone numbers, and staffing list;
(e) A copy of an employment contract between the physician and the applicant;
(f) Evidence that the employment site is in a federally determined area of underservice;
(g) A copy of the physician’s license to practice medicine in the state of Idaho, or eligibility to apply for an Idaho license;
(h) Legible copies of any DS 2019 forms and other United States immigration documentation attesting to the physician’s current legal status and history of stay in the United States;
(i) The physician’s curriculum vitae; and
(j) Payment of the department’s administrative application processing fee.
(2) The state of Idaho may require any other documentation or information for the support and approval process in the waiver application on the part of the physician or the applicant.
(3) The request must be submitted by the applicant or applicant’s representative. The letter must be written on the applicant’s letterhead stationery, which includes address, telephone and fax numbers, if any. Letters, contracts and forms must contain original signatures.
(4) These requirements are subject to change without notice.
History:
[39-6114A, added 2009, ch. 106, sec. 17, p. 336; am. 2017, ch. 72, sec. 13, p. 181; am. 2023, ch. 31, sec. 10, p. 158.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 61 - IDAHO CONRAD J-1 VISA WAIVER AND NATIONAL INTEREST WAIVER PROGRAMS › Section 39-6115 - CRITERIA APPLIED TO FEDERALLY DESIGNATED FACILITIES.

39-6115. CRITERIA APPLIED TO FEDERALLY DESIGNATED FACILITIES. Local, state, or federal institutions which offer health care services and are federally designated as a shortage facility accompanied by a health professional shortage area score may submit an application. Physician services may be limited to the population of the institution. All other state and federal requirements must be met.
History:
[39-6115, added 2004, ch. 128, sec. 1, p. 445; am. 2017, ch. 72, sec. 14, p. 182.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 61 - IDAHO CONRAD J-1 VISA WAIVER AND NATIONAL INTEREST WAIVER PROGRAMS › Section 39-6117 - ELIGIBILITY FOR FUTURE PARTICIPATION.

39-6117. ELIGIBILITY FOR FUTURE PARTICIPATION. Health care facilities may be denied future participation in the J-1 visa waiver program or national interest waiver program if:
(1) The required annual reports are not submitted in a complete and timely manner;
(2) A waiver physician does not serve the designated shortage area or shortage population approved at the time of placement for the full three (3) to five (5) years of employment. This does not apply only if the approved site is in a designated health professional shortage area that loses its designation after the waiver physician begins employment;
(3) A waiver physician does not remain employed by the applicant for the full three (3) to five (5) years of employment;
(4) The applicant or waiver physician is not in compliance with the terms defined in this chapter or any federal requirements.
History:
[39-6117, added 2004, ch. 128, sec. 1, p. 447; am. 2009, ch. 106, sec. 19, p. 338; am. 2017, ch. 72, sec. 16, p. 184.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 61 - IDAHO CONRAD J-1 VISA WAIVER AND NATIONAL INTEREST WAIVER PROGRAMS › Section 39-6118 - DEPARTMENT RESPONSIBILITY TO REPORT.

39-6118. DEPARTMENT RESPONSIBILITY TO REPORT. The department shall report to the United States department of state and the immigration agency if the applicant or waiver physician is determined to be out of compliance with any of the provisions of this chapter or if the waiver physician is determined to have left employment in the federally designated area.
History:
[39-6118, added 2004, ch. 128, sec. 1, p. 447; am. 2017, ch. 72, sec. 17, p. 184.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 63 - DOMESTIC VIOLENCE CRIME PREVENTION › Section 39-6301 - SHORT TITLE.

39-6301. SHORT TITLE. This chapter shall be known and may be cited as the "Domestic Violence Crime Prevention Act."
History:
[39-6301, added 1988, ch. 341, sec. 1, p. 1013.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 63 - DOMESTIC VIOLENCE CRIME PREVENTION › Section 39-6302 - STATEMENT OF PURPOSE.

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.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 63 - DOMESTIC VIOLENCE CRIME PREVENTION › Section 39-6303 - DEFINITIONS.

39-6303. DEFINITIONS. (1) "Domestic violence" means the physical injury, sexual abuse or forced imprisonment or threat thereof of a family or household member, or of a minor child by a person with whom the minor child has had or is having a dating relationship, or of an adult by a person with whom the adult has had or is having a dating relationship.
(2) "Dating relationship," for the purposes of this chapter, is defined as a social relationship of a romantic nature. Factors that the court may consider in making this determination include:
(a) The nature of the relationship;
(b) The length of time the relationship has existed;
(c) The frequency of interaction between the parties; and
(d) The time since termination of the relationship, if applicable.
(3) "Family member" means spouses, former spouses and persons related by blood, adoption or marriage.
(4) "Family dwelling" is any premises in which the petitioner resides.
(5) "Foreign protection order" means a protection order issued by a tribunal of another state.
(6) "Household member" means persons who reside or have resided together, and persons who have a child in common regardless of whether they have been married or have lived together at any time.
(7) "Judicial day" means any day upon which court business may be transacted as provided in sections 1-1606 and 1-1607, Idaho Code.
(8) "Protection order" means any order issued for the purpose of preventing violent or threatening acts or acts of harassment against, or contact or communication with, or physical proximity to, another person, where the order was issued:
(a) Pursuant to this chapter;
(b) In another jurisdiction pursuant to a provision similar to section 39-6306, Idaho Code; or
(c) In any criminal or civil action, as a temporary or final order (other than a support or child custody order), and where the order was issued in a response to a criminal complaint, petition or motion filed by or on behalf of a person seeking protection, and issued after giving notice and an opportunity to respond to the person being restrained.
(9) "Respondent" means the individual against whom enforcement of a protection order is sought.
History:
[39-6303, added 1988, ch. 341, sec. 1, p. 1014; am. 1989, ch. 136, sec. 2, p. 306; am. 1999, ch. 330, sec. 2, p. 889; am. 2000, ch. 136, sec. 1, p. 355; am. 2002, ch. 213, sec. 1, p. 587; am. 2002, ch. 331, sec. 1, p. 937; am. 2003, ch. 16, sec. 9, p. 55.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 63 - DOMESTIC VIOLENCE CRIME PREVENTION › Section 39-6304 - ACTION FOR PROTECTION.

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.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 63 - DOMESTIC VIOLENCE CRIME PREVENTION › Section 39-6305 - FEES WAIVED.

39-6305. FEES WAIVED. No filing fee, service fee, hearing fee or bond shall be charged for proceedings seeking only the relief provided under this chapter.
History:
[39-6305, added 1988, ch. 341, sec. 1, p. 1014.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 63 - DOMESTIC VIOLENCE CRIME PREVENTION › Section 39-6307 - SECURITY.

39-6307. SECURITY. Whenever a protection order is issued under this chapter, the issuing court may set a security amount for a violation of the order.
History:
[39-6307, added 1988, ch. 341, sec. 1, p. 1015.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 63 - DOMESTIC VIOLENCE CRIME PREVENTION › Section 39-6309 - ISSUANCE OF ORDER — ASSISTANCE OF PEACE OFFICER — DESIGNATION OF APPROPRIATE LAW ENFORCEMENT AGENCY.

39-6309. ISSUANCE OF ORDER — ASSISTANCE OF PEACE OFFICER — DESIGNATION OF APPROPRIATE LAW ENFORCEMENT AGENCY. When an order is issued or a foreign protection order is recognized under this chapter upon request of the petitioner, the court may order a peace officer to accompany the petitioner and assist in placing the petitioner in possession of the dwelling or residence, or otherwise assist in the execution of the protection order. A certified copy of the order shall be prepared by the clerk for transmittal to the appropriate law enforcement agency as specified in section 39-6311, Idaho Code. Orders issued or foreign protection orders recognized under this chapter shall include an instruction to the appropriate law enforcement agency to execute, serve, or enforce the order.
History:
[39-6309, added 1988, ch. 341, sec. 1, p. 1016; am. 1999, ch. 330, sec. 4, p. 890; am. 2002, ch. 213, sec. 4, p. 591.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 63 - DOMESTIC VIOLENCE CRIME PREVENTION › Section 39-6310 - ORDER AND SERVICE.

39-6310. ORDER AND SERVICE. (1) An order issued under this chapter along with a copy of the petition for a protection order, if the respondent has not previously received the petition, shall be personally served upon the respondent, except as provided in subsections (6), (7) and (8) of this section.
(2) A peace officer of the jurisdiction in which the respondent resides shall serve the respondent personally unless the petitioner elects to have the respondent served by a private party at the petitioner’s own expense.
(3) If service by a peace officer is to be used, the clerk of the court shall have a copy of any order issued under this chapter and a copy of the petition for a protection order, if the respondent has not previously received the petition, forwarded on or before the next judicial day to the appropriate law enforcement agency specified in the order for service upon the respondent. Service of an order issued under this chapter shall take precedence over the service of other documents unless they are of a similar emergency nature.
(4) If the peace officer cannot complete service upon the respondent within ten (10) days, the sheriff or municipal peace officer shall notify the petitioner. The petitioner shall provide information sufficient to permit notification.
(5) Returns of service under this chapter shall be made in accordance with the applicable court rules.
(6) If an order entered by the court recites that the respondent appeared in person before the court and receives a copy of the order, the necessity for further service is waived and proof of service of that order is not necessary.
(7) If a party has appeared in person before the court and has waived personal service, the clerk of the court shall complete service of any notice of hearing or orders or modifications by certified mail to the party’s address as shown on the court petition which resulted in the issuance of the order or modification. Parties shall at all times keep the court informed of their current mailing address.
(8) If a foreign protection order is registered with the court under section 39-6306A, Idaho Code, the necessity for further service is waived and proof of service of that order is not necessary.
History:
[39-6310, added 1988, ch. 341, sec. 1, p. 1017; am. 1996, ch. 236, sec. 1, p. 766; am. 1997, ch. 69, sec. 1, p. 145; am. 1999, ch. 330, sec. 5, p. 890; am. 2000, ch. 72, sec. 1, p. 154; am. 2002, ch. 213, sec. 5, p. 591.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 63 - DOMESTIC VIOLENCE CRIME PREVENTION › Section 39-6312 - VIOLATION OF ORDER — PENALTIES.

39-6312. VIOLATION OF ORDER — PENALTIES. (1) Whenever a protection order is granted and the respondent or person to be restrained had notice of the order, a violation of the provisions of the order or of a provision excluding the person from a residence shall be a misdemeanor punishable by not to exceed one (l) year in jail and a fine not to exceed five thousand dollars ($5,000), ten dollars ($10.00) of which shall be deposited to the credit of the domestic violence project account created in section 39-5212, Idaho Code.
(2) A peace officer may arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order, if the person restrained had notice of the order.
(3) The person against whom a protection order has been issued by an out-of-state court is presumed to have notice of the order if the victim presents to the officer proof of service of the order.
History:
[39-6312, added 1988, ch. 341, sec. 1, p. 1018; am. 1990, ch. 234, sec. 3, p. 670; am. 1991, ch. 169, sec. 1, p. 409; am. 1999, ch. 330, sec. 7, p. 892.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 63 - DOMESTIC VIOLENCE CRIME PREVENTION › Section 39-6313 - ORDER — MODIFICATION — TRANSMITTAL.

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.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 63 - DOMESTIC VIOLENCE CRIME PREVENTION › Section 39-6314 - PEACE OFFICERS — IMMUNITY.

39-6314. PEACE OFFICERS — IMMUNITY. No peace officer may be held criminally or civilly liable for actions or omissions in the performance of the duties of his office under this chapter, including the enforcement of out-of-state protection orders, if the peace officer acts in good faith and without malice.
History:
[39-6314, added 1988, ch. 341, sec. 1, p. 1018; am. 1999, ch. 330, sec. 8, p. 892.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 63 - DOMESTIC VIOLENCE CRIME PREVENTION › Section 39-6315 - PROCEEDINGS ADDITIONAL.

39-6315. PROCEEDINGS ADDITIONAL. Any proceedings under this chapter are in addition to other civil or criminal remedies.
History:
[39-6315, added 1988, ch. 341, sec. 1, p. 1018.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 63 - DOMESTIC VIOLENCE CRIME PREVENTION › Section 39-6317 - SEVERABILITY.

39-6317. 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:
[39-6317, added 1988, ch. 341, sec. 1, p. 1019.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 65 - WASTE TIRE DISPOSAL › Section 39-6503 - WASTE TIRE DISPOSAL.

39-6503. WASTE TIRE DISPOSAL. (1) No person shall dispose of waste tires on any public or private property in this state or in the waters of this state except at permitted public or private municipal solid waste landfills which have been approved to accept waste tires in their operating plans as specified in the following subsection.
(2) Waste tires may be disposed at a permitted public or private municipal solid waste landfill with an approved operating plan only if the waste tires have been processed to meet the following criteria:
(a) The volume of one hundred (100) unprepared randomly selected whole tires in one (1) continuous test period must be reduced by at least sixty-five percent (65%) of the original volume as specified in subsection (3) of this section. No single void space greater than one hundred twenty-five (125) cubic inches may remain in the randomly placed processed tires; or
(b) The tires shall be reduced to an average chip size no greater than sixty-four (64) square inches in any randomly selected sample of ten (10) tires or more. No more than forty percent (40%) of the chips may exceed sixty-four (64) square inches.
(3) Tire volumes shall be calculated as follows:
(a) Unprocessed whole tire volume shall be calculated by randomly placing one hundred (100) unprepared randomly selected whole tires in a rectangular container and multiplying the depth of unprocessed tires by the bottom area of the container.
(b) Processed tire volume shall be determined by randomly placing the processed tire test quantity in a rectangular container and leveling the surface. It shall be calculated by multiplying the depth of processed tires by the bottom area of the container.
History:
[39-6503, added 2003, ch. 281, sec. 4, p. 763.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 65 - WASTE TIRE DISPOSAL › Section 39-6504 - TRANSPORT OF WASTE TIRES.

39-6504. TRANSPORT OF WASTE TIRES. (1) No person shall transport waste tires for storage to any location in this state other than to a waste tire storage site for which a city or county has issued a permit or other written county or city authorization in active status.
(2) No person shall transport waste tires for disposal to any location in this state other than to a municipal solid waste landfill which is operating in compliance with the requirements of section 39-6503, Idaho Code.
(3) Nothing in this section shall prohibit any person from transporting waste tires to facilities in the state which possess a valid air quality permit, provided the permit allows for an approved beneficial use of the waste tires.
History:
[39-6504, added 2003, ch. 281, sec. 5, p. 764.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 65 - WASTE TIRE DISPOSAL › Section 39-6505 - PROHIBITED ACTS.

39-6505. PROHIBITED ACTS. No person shall advertise or represent himself/herself as being in the business of accepting waste tires for transport, storage, or disposal without being in full compliance with all the provisions of this chapter.
History:
[39-6505, added 2003, ch. 281, sec. 6, p. 764.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 65 - WASTE TIRE DISPOSAL › Section 39-6506 - RECYCLING AND REUSE OF WASTE TIRES.

39-6506. RECYCLING AND REUSE OF WASTE TIRES. The state of Idaho seeks to protect human health and the environment by encouraging the recycling and reuse of waste tires. Accordingly, the legislature directs the department to identify approved methods of recycling and reuse of waste tires.
History:
[39-6506, added 2003, ch. 281, sec. 7, p. 764.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 65 - WASTE TIRE DISPOSAL › Section 39-6507 - PENALTIES.

39-6507. PENALTIES. Any person who knowingly stores, transports or disposes of a tire in violation of the provisions of this chapter is subject to a civil penalty of not more than five hundred dollars ($500) per violation and is subject to the provisions of the environmental protection and health act contained in section 39-108, Idaho Code. Each tire so disposed of improperly constitutes a separate violation.
History:
[39-6507, added 1991, ch. 308, sec. 1, p. 811; am. 1993, ch. 375, sec. 7, p. 1376; am. 2003, ch. 281, sec. 8, p. 764.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 65 - WASTE TIRE DISPOSAL › Section 39-6508 - PURPOSE.

39-6508. PURPOSE. The state of Idaho supports and encourages the reuse and recycling of waste tires. The legislature finds the paramount public interest in regulating waste tires is to protect public health and safety. In particular, the legislature is concerned with eliminating potential fire hazards; minimizing or eliminating potential breeding grounds for disease-bearing insects; and eliminating potential sources of surface and ground water contamination.
History:
[39-6508, added 2003, ch. 281, sec. 9, p. 765.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 66 - BIG PAYETTE LAKE WATER QUALITY ACT › Section 39-6601 - LEGISLATIVE INTENT.

39-6601. LEGISLATIVE INTENT. The legislature finds that the waters of Big Payette Lake and its watershed are threatened with deterioration due to expanding residential development, greater public use and growing land use activities, that these pressures may endanger the drinkability, economic potential, fisheries, natural beauty, recreational use, swimability and wildlife values of the lake; that the state holds all such public lakes in trust for the use of all its citizens; that to preserve and protect such public lakes and to increase and enhance the use and enjoyment of such lakes is in the best interest of all the citizens of the state; that natural lakes form an important basis of the state’s economy and that the increasing demand upon the lake waters of this state require coordinated state and local action to protect, preserve and improve the water qualify [quality] of the lakes.
The legislature declares that it is necessary to embark upon a program of water quality protection for the lake so that future generations of Idahoans may use and enjoy it. This act creates a program to protect, preserve and, where necessary, improve the water quality of the lake while accommodating private, public and commercial activities to the extent prudent and practicable. The program as set forth in this act shall require a working partnership of federal, state and local agencies.
History:
[39-6601, added 1993, ch. 200, sec. 1, p. 550.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 66 - BIG PAYETTE LAKE WATER QUALITY ACT › Section 39-6602 - DEFINITIONS.

39-6602. DEFINITIONS. Whenever used in this chapter:
(1) "Citizens committee" means the committee named by the council consisting of members of the public.
(2) "Council" means the "Big Payette Lake Water Quality Council" established in this chapter.
(3) "Lake" means the Big Payette Lake and its watershed which shall include all tributaries, and small lakes on those tributaries, to the North Fork of the Payette River above Big Payette Lake. The term "lake" shall also include all tributaries, and small lakes on those tributaries, that drain directly into Big Payette Lake before the dam on the North Fork of the Payette Lake as it leaves Big Payette Lake.
(4) "Plan" means the comprehensive water quality management plan for the lake to be developed after the initial study, and as modified over time.
(5) "Pollution" means water pollution as defined in section 39-103, Idaho Code.
(6) "Program" means all the actions to be performed by the council pursuant to this chapter.
(7) "Study" means the comprehensive, scientifically-based study of water quality in the lake.
(8) "Technical committee" means the advisory committee named by the council pursuant to this chapter.
History:
[39-6602, added 1993, ch. 200, sec. 1, p. 550.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 66 - BIG PAYETTE LAKE WATER QUALITY ACT › Section 39-6603 - ESTABLISHMENT OF THE BIG PAYETTE LAKE WATER QUALITY COUNCIL.

39-6603. ESTABLISHMENT OF THE BIG PAYETTE LAKE WATER QUALITY COUNCIL. There is hereby created a Big Payette Lake water quality council for the lake. It shall be the responsibility of the council to develop and implement the program created in this chapter. The council shall be assisted in carrying out its responsibilities by the department of environmental quality, the local public health district and other appropriate state and local agencies as needed.
History:
[39-6603, added 1993, ch. 200, sec. 1, p. 551; am. 2001, ch. 103, sec. 61, p. 300.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 66 - BIG PAYETTE LAKE WATER QUALITY ACT › Section 39-6604 - DECLARATION OF POLICIES AND PURPOSES.

39-6604. DECLARATION OF POLICIES AND PURPOSES. The council shall develop and implement a program that includes:
(1) The assembly of all historical data on water quality studies in the lake.
(2) An assessment of present and projected land and water uses related to the lake.
(3) The performance of a comprehensive, scientifically-based study of water quality in the lake. This study will include, but not be limited to, all point and nonpoint sources of nutrients, bacteria, sediments and potential pollution.
(4) The continued collection of important data after the initial study is completed as required by and for use in a nutrient load/lake response predictive model which shall be developed as part of the initial study.
(5) The preparation of a water quality management plan upon completion of the initial study, such plan to be updated regularly as new knowledge becomes available.
(6) The submittal of such plan to the legislature which shall accept, modify or reject the plan. The council will assist and coordinate the implementation of the accepted plan with federal, state and local authorities for seven (7) years after acceptance, after which the council and its committees will disband and be succeeded by appropriate multiagency oversight of the plan, its modification, and maintenance of the nutrient load/lake response predictive model. The city council of McCall and the Valley county commission may establish appropriate public committees to advise in matters related to the implementation of the plan on a continuing basis.
(7) An active public participation program with stakeholders and other interested parties in the design of the study, and the preparation and implementation of the plan, from the beginning of the council’s activities and until its disbandment. This program shall include regular reports to the public through forums, printed material and otherwise of lake conditions, findings of the study and progress in the development and implementation of the plan.
History:
[39-6604, added 1993, ch. 200, sec. 1, p. 551; am. 2000, ch. 27, sec. 1, p. 52.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 66 - BIG PAYETTE LAKE WATER QUALITY ACT › Section 39-6605 - MEMBERSHIP.

39-6605. MEMBERSHIP. The council shall consist of nine (9) members appointed by the governor. The governor shall appoint one (1) member who shall be a Valley county commissioner at the time of their appointment, one (1) member who shall be an elected member of the McCall city government at the time of their appointment, one (1) local resident to represent sporting interests in the area, one (1) member to represent lumbering interests in the watershed, one (1) member to represent commercial interests in Valley county, and four (4) members at large who are full or part-time residents of Valley county. The terms of the members shall be three (3) years with the initial term to be staggered in terms of one (1), two (2), and three (3) years by the governor when he makes the appointment. Vacancies shall be filled by appointment of the governor upon recommendation of the council. A majority of the members of the council must maintain their primary residence in Valley county. Once established, the council will convene to adopt rules for its operation.
History:
[39-6605, added 1993, ch. 200, sec. 1, p. 552.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 66 - BIG PAYETTE LAKE WATER QUALITY ACT › Section 39-6606 - DUTIES OF COUNCIL.

39-6606. DUTIES OF COUNCIL. The council shall have the following duties:
(1) To coordinate activities related to the study of water quality in the lake, the development of a water quality management plan, and the implementation of that plan until disbandment as provided herein.
(2) To conduct a public awareness program to educate the general public on methods and responsibilities to protect the lake.
(3) To make an examination, as the council deems necessary, of environmental conditions in, upon and around the lake. The objective shall be to obtain a scientifically sound baseline study for planning future action by appropriate authorities.
(4) To undertake and complete a management plan with recommendations for the lake based upon such examination and study. The plan to be prepared shall specifically identify and address lake protection concerns upon the lake and within the surrounding watershed where land use, scenic values, water uses, residential development, wildlife habitat, fisheries, industry, commerce and other forms of human activity are both influenced by the lake and may reasonably be expected to significantly impact the water quality of the lake.
(5) To promote, until disbandment, the implementation of the plan by serving in an advisory capacity to those city, planning and zoning, county, state and federal authorities with responsibilities affecting lake management or lake water quality. The council may recommend, as appropriate, the adoption of any statutes, ordinances, rules and regulations needed to implement the plan.
(6) To consult with the public and keep the public informed through public forums and written reports of all activities of the council.
(7) The duties of the council are ongoing and continuous until its disbandment. The council shall have the authority to complete the examination and study and prepare the plan complete with recommendations for the lake and its tributaries.
(8) The council and all its committees will automatically disband seven (7) years after the plan, as and/or if, modified, is adopted by the legislature. Before disbandment, the council shall assist local, city, state and federal authorities in the establishment of a multiagency oversight capability to succeed the council.
(9) The council shall not have any regulatory or enforcement powers.
History:
[39-6606, added 1993, ch. 200, sec. 1, p. 552; am. 2000, ch. 27, sec. 2, p. 53.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 66 - BIG PAYETTE LAKE WATER QUALITY ACT › Section 39-6607 - ORGANIZATION.

39-6607. ORGANIZATION. (1) After appointment, the members of the council shall choose one (1) member as chairman of the council and shall elect a secretary and treasurer of the council who may or may not be members of the council. The secretary and the treasurer may be one (1) person. The secretary shall keep a record of all council proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and all corporate acts which shall be open to inspection to all interested parties.
(2) The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the council in permanent records. The treasurer shall prepare or cause to be prepared annual financial statements on a fiscal year basis ending June 30 of each year. Such financial statements shall be available for inspection by any citizen.
(3) Members of the council shall serve without compensation. No member shall receive any compensation as an employee of the council or otherwise, other than herein provided, and no member of the council shall be interested in any contract or transaction with the council except in his official representative capacity.
(4) It shall be the duty of the council to cause an audit to be made of all financial affairs of the council during each year ending June 30. A financial statement shall be certified by the person making such audit.
History:
[39-6607, added 1993, ch. 200, sec. 1, p. 553.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 66 - BIG PAYETTE LAKE WATER QUALITY ACT › Section 39-6608 - QUORUM.

39-6608. QUORUM. (1) A majority of the members of the council shall constitute a quorum for the transaction of business. A majority vote of the members present shall be required to take action with respect to any matter. The vote of each member shall be individually recorded.
(2) The council may in other respects adopt its own operating procedures, which procedures shall be made available for public review.
History:
[39-6608, added 1993, ch. 200, sec. 1, p. 553.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 66 - BIG PAYETTE LAKE WATER QUALITY ACT › Section 39-6609 - TECHNICAL COMMITTEE.

39-6609. TECHNICAL COMMITTEE. To assist in the development of its program, the council shall create a technical committee which may include, but is not exclusively limited to, designated representatives of the public health district, city and county planning or engineering departments, the county planning and zoning commission, the McCall water and sewer district, department of environmental quality, department of lands, department of fish and game, department of parks and recreation, department of water resources, state soil and water conservation commission, United States forest service, United States army corps of engineers, United States agricultural conservation and stabilization services, United States natural resources conservation service, United States geological survey, United States environmental protection agency and representatives proposed by interests in agriculture, environmental protection, forest products, sporting and mining. Indian tribes may nominate a representative for the technical committee. Members shall serve without state compensation except such normal compensation received by members who are state, city, county, district or federal employees serving in the normal course and scope of their employment.
History:
[39-6609, added 1993, ch. 200, sec. 1, p. 553; am. 2001, ch. 103, sec. 62, p. 301; am. 2010, ch. 279, sec. 27, p. 750.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 66 - BIG PAYETTE LAKE WATER QUALITY ACT › Section 39-6610 - CITIZENS COMMITTEE.

39-6610. CITIZENS COMMITTEE. The council shall create a citizens committee comprised of citizens who express an interest in the council’s program for the lake, the study and the plan. Citizens performing volunteer services in support of the council’s program shall be automatic members of the citizens committee. Members of the citizens committee may meet with the council with full right to participate in all proceedings and discussions except that citizen committee members shall not be voting members.
History:
[39-6610, added 1993, ch. 200, sec. 1, p. 554.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 66 - BIG PAYETTE LAKE WATER QUALITY ACT › Section 39-6611 - LAKE MANAGEMENT PLAN.

39-6611. LAKE MANAGEMENT PLAN. (1) When the council has received and accepted the study, it shall make the same available to all appropriate and interested city, county, health district, state and federal agencies and to any interested individual or affected lake agency or association. For a period of ninety (90) days after dissemination, any interested agency or person may submit written suggestions, comments or proposals for the lake management plan or recommendations to the council.
(2) The council shall thereafter prepare a lake management plan and recommendations which shall be completed within one hundred eighty (180) days after dissemination of the examination and baseline study.
(3) The council shall identify sources and types of pollution within the planning area and identify existing and potential programs and measures by which this pollution might be abated, and summarize the past successes of these efforts, including notable voids in funding, regulatory powers or interagency coordination.
(4) The council shall identify present and future water and land uses within the watershed and comment on the implication of these various uses on the lake.
(5) Once completed, the council shall provide copies of its plan and recommendations to all agencies, persons and associations who have indicated an interest in the examination and baseline study. The council shall thereupon provide for one (1) or more public hearings upon its lake management plan and recommendations with notice given as provided in chapter 52, title 67, Idaho Code.
(6) After receiving the information obtained at the public hearing(s), the council shall make such changes and revisions as it deems necessary and within thirty (30) days after such public hearing, but in no event later than the next regular session of the Idaho legislature, the council shall submit the plan to the legislature.
(7) The legislature shall, within the next regular session during or after which it receives the plan, accept, reject or modify the plan. Such accepted or modified plan shall have the force and effect of law.
(8) Thereafter, the council shall assist public and governmental authorities to adopt and enforce the provisions of the plan for which that authority has a responsibility. Before its disbandment, the council shall also assist these authorities to establish an ongoing joint-agency oversight responsibility for the plan and its recommendations.
History:
[39-6611, added 1993, ch. 200, sec. 1, p. 554.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 66 - BIG PAYETTE LAKE WATER QUALITY ACT › Section 39-6612 - ACCOUNTS.

39-6612. ACCOUNTS. (1) There is hereby created in the state treasury a dedicated fund known as the Payette Lake trust account. Moneys in the Payette Lake trust account may come from appropriations, grants, gifts, donations, use fees or such other sources as may be authorized by the legislature. Moneys in the account shall be exclusively for the development and implementation of the program. Moneys in the account may only be expended pursuant to appropriation, and then only as authorized by a resolution duly adopted by a majority of the council.
(2) There is hereby created in the state treasury a dedicated fund known as the Big Payette Lake water quality council administrative account. All money in the account is to be derived exclusively from private, nongovernmental funding sources. All money in the account is appropriated continuously to the council to be used exclusively to defray the costs of council administration. The account shall not be subject to the provisions of the standard appropriations act of 1945.
History:
[39-6612, added 1993, ch. 200, sec. 1, p. 555.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 67 - REGIONAL AIR QUALITY COUNCIL ACT › Section 39-6701 - LEGISLATIVE STATEMENT OF FINDINGS AND INTENT.

39-6701. LEGISLATIVE STATEMENT OF FINDINGS AND INTENT. (1) The legislature finds that the air quality in certain regions of the state is threatened with deterioration. This deterioration may endanger the breathability, economic potential, public health, natural beauty, recreational use and livability in various regions of the state. It is the intent of the legislature in establishing this chapter to preserve and protect the air quality of the entire state.
(2) The legislature declares that it is necessary to embark upon a program of air quality protection for future generations of Idahoans. This chapter allows for the creation of regional air quality councils as necessary to protect, preserve and, where necessary, improve the quality of air in a specified geographical area while accommodating private, public and commercial activities. The plan developed by an air quality council as set forth in this chapter shall require a working partnership of state and local agencies of government as well as the private sector.
History:
[39-6701, added 2005, ch. 206, sec. 1, p. 616; am. 2022, ch. 110, sec. 3, p. 365.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 67 - REGIONAL AIR QUALITY COUNCIL ACT › Section 39-6702 - AIR QUALITY REVIEW.

39-6702. AIR QUALITY REVIEW. (1) The department of environmental quality shall annually review and determine whether the three (3) year design value equal to or above eighty-five percent (85%) of a national ambient air quality standard, as defined by the United States environmental protection agency, is met in certain regions of the state.
(2) If the three (3) year design value is equal to or above eighty-five percent (85%) of a national ambient air quality standard, the department of environmental quality shall evaluate potential further air quality deterioration and determine whether to make a recommendation to the legislature that a regional air quality advisory committee should be formed and devoted to evaluating air pollution reduction actions.
History:
[39-6702, added 2022, ch. 110, sec. 5, p. 365.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 67 - REGIONAL AIR QUALITY COUNCIL ACT › Section 39-6703 - ESTABLISHMENT OF REGIONAL AIR QUALITY COUNCILS.

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.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 67 - REGIONAL AIR QUALITY COUNCIL ACT › Section 39-6704 - ESTABLISHMENT OF A CITIZENS COMMITTEE.

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.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 67 - REGIONAL AIR QUALITY COUNCIL ACT › Section 39-6705 - DEFINITIONS.

39-6705. DEFINITIONS. Whenever used in this chapter:
(1) "Air pollution" means air pollution as defined in section 39-103, Idaho Code.
(2) "Air quality plan" means the comprehensive air quality management plan for a specified regional area as developed and modified by a regional air quality council.
(3) "Citizens committee" means the committee consisting of members of the public created pursuant to section 39-6704, Idaho Code, by an air quality council established under the provisions of this chapter.
(4) "Council" means a regional air quality council established pursuant to this chapter.
(5) "Local governing agency" means a county or city government agency.
(6) "Specified regional area" means a county or counties, or a defined geographical area, where air quality is threatened.
(7) "Study" means the comprehensive, scientifically based study of air quality in a specified regional area.
(8) "Three (3) year design value" or "design value" means the statistic that describes the air quality status of a given location relative to the level of the national ambient air quality standards. A three (3) year design value is the statistic calculated using three (3) years of ambient air quality data.
History:
[39-6705, added 2005, ch. 206, sec. 1, p. 617; am. 2022, ch. 110, sec. 8, p. 366.]