reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 56 - PERSONAL ASSISTANCE SERVICES › Section 39-5601 - LEGISLATIVE INTENT.

39-5601. LEGISLATIVE INTENT. The purpose and intent of this chapter is to authorize personal assistance services for medicaid eligible participants in the participant’s home and community. It is further the purpose of this chapter to help maintain these eligible participants in their own homes in order to provide for the greatest degree of independence and self-reliance possible.
Personal assistance services are an integral component of the long-term care service delivery system and they are to be designed to provide a range of services for persons who are elderly, for persons with disabilities and for children who meet medical necessity criteria for personal care services (PCS). These services are to help individuals compensate for functional limitations and are to be delivered over a sustained period of time to persons who lost or never acquired some degree of functional capacity. Services will be viewed as enhancing the quality of life, individual choice, consumer control, independence and community integration.
Personal assistance services related to functional need shall be provided in order to maintain the independence, privacy, and dignity of the individual in the least restrictive, most cost-effective setting.
The participant and, at the option of the participant, the family of the participant, if available, shall be involved in the development of the individual service plan based on the participant’s needs identified through an assessment conducted by the department.
History:
[(39-5601) 39-A4701, added 1981, ch. 65, sec. 1, p. 93; am. & redesig. 1990, ch. 326, sec. 1, p. 889; am. 2000, ch. 274, sec. 122, p. 859; am. 2010, ch. 347, sec. 1, p. 905.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 56 - PERSONAL ASSISTANCE SERVICES › Section 39-5604 - HEALTH AND BACKGROUND CHECKS.

39-5604. HEALTH AND BACKGROUND CHECKS. The director shall require providers to obtain health tests or screens, criminal background and nurse’s aide registry checks, and licenses and/or certifications necessary to protect the health, person and property of the participant for any personal assistant acting as an employee, agent, or contractor of a provider. He may deny provider status or revoke that status when a provider or an employee, agent, or contractor of a provider, is found to endanger the health, person or property of the participant.
History:
[(39-5604) I.C., sec. 39-A4704, as added by 1981, ch. 65, sec. 1, p. 93; am. and redesignated 1990, ch. 326, sec. 4, p. 892; am. 2000, ch. 274, sec. 125, p. 863.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 56 - PERSONAL ASSISTANCE SERVICES › Section 39-5605 - TRAINING OF PERSONAL ASSISTANTS.

39-5605. TRAINING OF PERSONAL ASSISTANTS. The director may require a personal assistant to successfully complete a training program established by the rules before beginning to provide personal assistance services. Those providing personal assistance services when the rule is established will be given a reasonable period of time to obtain the required training. The director may establish different training requirements for different services provided and for personal assistants serving participants with intensive needs. The department shall conduct training to include, but not be limited to, administrative rules, billing procedures and service requirements.
History:
[(39-5605) I.C., sec. 39-A4705, as added by 1981, ch. 65, sec. 1, p. 93; am. and redesignated 1990, ch. 326, sec. 5, p. 892; am. 1997, ch. 316, sec. 3, p. 936; am. 2000, ch. 274, sec. 126, p. 864.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 56 - PERSONAL ASSISTANCE SERVICES › Section 39-5608 - LIABILITY OF ACTIONS UNDER THIS CHAPTER.

39-5608. LIABILITY OF ACTIONS UNDER THIS CHAPTER. (1) The participant, his designee, or legal representative, if such is responsible, shall be liable for any acts of the participant performed or committed while receiving care or services under the provisions of this chapter.
(2) The department shall not be held liable for any actions under this chapter, except pursuant to section 39-5603(12), Idaho Code, when the representative of the department is acting on behalf of the participant, his designee, or legal representative; however, the provisions of section 39-5603(10), Idaho Code, shall remain in force.
(3) Nothing in this chapter shall exempt the provider of services from any liability caused by such provider’s negligence, abuse, or other improper action.
History:
[(39-5608) 39-A4707, 39-5607, added 1981, ch. 65, sec. 1, p. 93; am. and redesig. 1990, ch. 326, sec. 7, p. 893; am. and redesig. 1997, ch. 316, sec. 6, p. 937; am. 2000, ch. 274, sec. 129, p. 865; am. 2006, ch. 283, sec. 2, p. 871; am. 2021, ch. 321, sec. 21, p. 965.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 56 - PERSONAL ASSISTANCE SERVICES › Section 39-5609 - PERSONAL ASSISTANCE OVERSIGHT COMMITTEE.

39-5609. PERSONAL ASSISTANCE OVERSIGHT COMMITTEE. The department shall establish, as part of the medical care advisory committee (MCAC), an oversight subcommittee consisting of providers of personal assistance services and participants of such services and advocacy organizations representing such participants, and other interested parties, for the purpose of planning, monitoring, and recommending changes to the medicaid waiver and personal assistance programs to the MCAC. At least fifty-one percent (51%) of the committee membership shall be participants or their representatives.
History:
[39-5609, added 2000, ch. 274, sec. 130, p. 865; am. 2007, ch. 222, sec. 5, p. 668.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES › Section 39-5701 - LEGISLATIVE FINDINGS AND INTENT.

39-5701. LEGISLATIVE FINDINGS AND INTENT. The prevention of youth access to tobacco products and electronic smoking devices within the state of Idaho is hereby declared to be a state goal to promote the general health and welfare of Idaho’s young people.
Tobacco use is the leading cause of preventable death in Idaho, and nicotine is a highly addictive, potentially harmful substance. Both present an urgent public health challenge. New and emerging tobacco products and electronic nicotine delivery devices like electronic cigarettes are linked to an increase in youth use of tobacco and nicotine products, are connected to the use of traditional tobacco products like cigarettes, and are associated with increased addiction in youth users. Therefore, it is this state’s policy to prevent the illegal sale, theft, and easy access of tobacco products and electronic smoking devices to minors, to prohibit the possession, distribution, and use of tobacco products and electronic smoking devices by minors, and to otherwise discourage and prevent the possession, use, and trafficking in tobacco products and electronic smoking devices by minors.
History:
[39-5701, added 1998, ch. 418, sec. 2, p. 1316; am. 2020, ch. 318, sec. 1, p. 906.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES › Section 39-5703 - POSSESSION, DISTRIBUTION, OR USE BY A MINOR.

39-5703. POSSESSION, DISTRIBUTION, OR USE BY A MINOR. (1) It shall be unlawful for a minor to possess, receive, purchase, use, or consume tobacco products or electronic smoking devices or to attempt any of the foregoing.
(2) It shall be unlawful for a minor to sell or distribute tobacco products or electronic smoking devices or to attempt either of the foregoing.
(3) It shall be unlawful for a minor to provide false identification or make any false statement regarding their age in an attempt to obtain tobacco products or electronic smoking devices.
(4) A minor who is assisting with a random unannounced inspection in accordance with this chapter shall not be in violation of this chapter.
(5) A minor may possess but not sell or distribute tobacco products or electronic smoking devices in the course of employment, for duties such as stocking shelves or carrying purchases to customers’ vehicles.
(6) Penalties for violations by a minor. A violation of subsection (1) of this section by a minor shall constitute an infraction and shall be punishable by a fine of seventeen dollars and fifty cents ($17.50). The first violation of subsection (2) or (3) of this section by a minor shall constitute an infraction and shall be punishable by a fine of two hundred dollars ($200). A subsequent violation of subsection (2) or (3) of this section by a minor shall constitute a misdemeanor and shall be punishable by imprisonment in an appropriate facility not exceeding thirty (30) days, a fine not exceeding three hundred dollars ($300), or both such fine and imprisonment. The court may, in addition to the penalties provided in this section, require the minor and, if the minor is under eighteen (18) years of age, the minor’s parents or legal guardian to attend tobacco product or electronic smoking device awareness programs or to perform community service in programs related to tobacco product or electronic smoking device awareness.
History:
[39-5703, added 1998, ch. 418, sec. 2, p. 1317; am. 2012, ch. 39, sec. 2, p. 119; am. 2015, ch. 158, sec. 1, p. 553; am. 2020, ch. 318, sec. 3, p. 908; am. 2022, ch. 113, sec. 2, p. 418.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES › Section 39-5705 - SALE OR DISTRIBUTION OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO A MINOR.

39-5705. SALE OR DISTRIBUTION OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO A MINOR. (1) It shall be unlawful to sell, distribute, or offer tobacco products or electronic smoking devices to a minor.
(2) It shall be an affirmative defense that the seller of a tobacco product or an electronic smoking device to a minor in violation of this section had requested, examined, and reasonably relied upon a photographic identification from such person establishing that the person is at least twenty-one (21) years of age prior to selling such person a tobacco product or an electronic smoking device. The failure of a seller to request and examine photographic identification from a person under twenty-one (21) years of age prior to the sale of a tobacco product or an electronic smoking device to such person shall be construed against the seller and form a conclusive basis for the seller’s violation of this section.
History:
[39-5705, added 1998, ch. 418, sec. 2, p. 1319; am. 2001, ch. 39, sec. 1, p. 74; am. 2012, ch. 39, sec. 3, p. 119; am. 2020, ch. 318, sec. 5, p. 909; am. 2022, ch. 113, sec. 4, p. 419.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES › Section 39-5706 - VENDOR-ASSISTED SALES.

39-5706. VENDOR-ASSISTED SALES. (1) It shall be unlawful to sell or distribute tobacco products or electronic smoking devices by any means other than vendor-assisted sales where the customer has no access to the product except through the assistance of the seller.
(2) On and after January 1, 2020, it shall be unlawful to sell or distribute tobacco products or electronic smoking devices from vending machines or self-service displays.
(3) Stores with tobacco products or electronic smoking devices comprising at least seventy-five percent (75%) of total merchandise are exempt from requiring vendor-assisted sales, if minors are not allowed in the store and such prohibition is posted clearly on all entrance doors.
History:
[39-5706, added 1998, ch. 418, sec. 2, p. 1319; am. 2012, ch. 39, sec. 4, p. 120; am. 2020, ch. 318, sec. 6, p. 909.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES › Section 39-5707 - OPENED PACKAGES AND SAMPLES.

39-5707. OPENED PACKAGES AND SAMPLES. (1) It shall be unlawful to sell or distribute tobacco products or electronic smoking devices for commercial purposes other than in the federally required sealed package provided by the manufacturer with all the required warning labels and health warnings.
(2) It shall be unlawful to sell or distribute tobacco products or electronic smoking devices for free or below the cost of such products to the sellers or distributors of the products for commercial or promotional purposes to members of the general public in public places or at public events.
History:
[39-5707, added 1998, ch. 418, sec. 2, p. 1319; am. 2020, ch. 318, sec. 7, p. 910.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES › Section 39-5709 - CRIMINAL PENALTIES FOR VIOLATIONS WITHOUT A PERMIT.

39-5709. CRIMINAL PENALTIES FOR VIOLATIONS WITHOUT A PERMIT. Sale or distribution of tobacco products or electronic smoking devices, or any violation of this chapter, without a permit is considered by the state of Idaho as an effort to subvert the state’s public purpose to prevent minor’s access to tobacco products or electronic smoking devices.
(1) The sale or distribution of tobacco products or electronic smoking devices without a permit shall constitute a misdemeanor punishable by imprisonment not exceeding six (6) months in the county jail, a fine of three hundred dollars ($300), or by both such fine and imprisonment. If the sale or distribution of tobacco products or electronic smoking devices was to a minor, the fine shall be no less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). The provisions of this section shall not be applicable to an employee of the business engaged in the sale of tobacco products or electronic smoking devices if the sale occurred during the course of such employment and the seller does not have an ownership interest in the business.
(2) In addition to the penalties set forth in subsection (1) of this section, the court may impose an additional fine of one thousand dollars ($1,000) per day beginning the day following the date of citation as long as the illegal tobacco products or electronic smoking devices sales or distribution continues. The first seven (7) days of additional fines may be suspended, provided that the business or seller is able to prove that the business or seller has applied for the permit within seven (7) days of the citation.
History:
[39-5709, added 1998, ch. 418, sec. 2, p. 1320; am. 2020, ch. 318, sec. 9, p. 911.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES › Section 39-5710 - CONDUCT OF ENFORCEMENT ACTIONS.

39-5710. CONDUCT OF ENFORCEMENT ACTIONS. (1) It is the intent of the legislature that law enforcement agencies, the attorney general, and the department shall enforce this chapter and rules promulgated pursuant thereto in a manner that can reasonably be expected to significantly reduce the extent to which tobacco products and electronic smoking devices are sold or distributed to minors.
(2) Law enforcement agencies may conduct random unannounced inspections at locations where tobacco products or electronic smoking devices are sold or distributed to ensure compliance with this chapter. A copy of all citations issued under this chapter shall be submitted to the department.
(3) The department shall conduct at least one (1) random unannounced inspection per year at all locations where tobacco products or electronic smoking devices are sold or distributed at retail to ensure compliance with this chapter. The department shall conduct inspections for minor-exempt permittees without the assistance of a minor. The department shall conduct inspections for all other permittees with the assistance of a minor. Each year, the department shall conduct random unannounced inspections equal to the number of permittees multiplied by the violation percentage rate reported for the previous year multiplied by a factor of ten (10). Local law enforcement agencies are encouraged to contract with the department to perform these required inspections.
(4) Minors may assist with random unannounced inspections, provided that minors under the age of eighteen (18) years must have the written consent of a parent or legal guardian. When assisting with these inspections, minors shall not provide false identification or make any false statement regarding their age.
(5) Citizens may file a written complaint of noncompliance of this chapter with the department, or with a law enforcement agency. Permit holders under 26 U.S.C. 5712 may file written complaints relating to delivery sales to the department or the attorney general’s offices. Complaints shall be investigated and the proper enforcement actions taken.
(6) Within a reasonable time, not later than two (2) business days after an inspection has occurred, a representative of the business inspected shall be informed in writing of the results of the inspection.
(7) The attorney general or his designee, or any person who holds a permit under 26 U.S.C. 5712, may bring an action in district court in Idaho to prevent or restrain violations of this chapter by any person or by any person controlling such person.
History:
[39-5710, added 1998, ch. 418, sec. 2, p. 1321; am. 2001, ch. 39, sec. 3, p. 75; am. 2003, ch. 159, sec. 2, p. 450; am. 2003, ch. 273, sec. 2, p. 729; am. 2012, ch. 39, sec. 6, p. 121; am. 2020, ch. 318, sec. 10, p. 911; am. 2022, ch. 113, sec. 5, p. 420.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES › Section 39-5711 - FUNDING AND CREATION OF PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES FUND.

39-5711. FUNDING AND CREATION OF PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES FUND. There is hereby created the prevention of minors’ access to tobacco products or electronic smoking devices fund in the state treasury. Moneys in the fund shall be used to fund the administration, inspections and enforcement of this chapter. Moneys in the fund may be expended only pursuant to appropriation. The fund shall consist of:
(1) The current federal funds that are available for inspections or for the prevention of minors’ access to tobacco products or electronic smoking devices shall be utilized by the department;
(2) The fines from the civil penalties pursuant to section 39-5708, Idaho Code; and
(3) Moneys from any other source.
History:
[39-5711, added 1998, ch. 418, sec. 2, p. 1321; am. 2020, ch. 318, sec. 11, p. 912.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES › Section 39-5712 - SEVERABILITY.

39-5712. SEVERABILITY. If any section or provision of this chapter is held invalid, such invalidity shall not affect other sections or provisions of this chapter.
History:
[39-5712, added 1998, ch. 418, sec. 2, p. 1321.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES › Section 39-5713 - LOCAL ORDINANCES PROHIBITED.

39-5713. LOCAL ORDINANCES PROHIBITED. No local unit of government may adopt or enforce requirements for the regulation, marketing, or sale of tobacco products or electronic smoking devices that are more restrictive than or in addition to this chapter. No local unit of government may impose or enforce a tax or fee on tobacco products or electronic smoking devices. This section shall not be construed to prevent a local unit of government from regulating the use of tobacco products or electronic smoking devices in any public place pursuant to section 39-5511, Idaho Code, or in any other public outdoor area. Nothing in this section shall preclude or preempt any local, county, or municipal government from exercising its lawful authority to regulate zoning or land use.
History:
[39-5713, added 1998, ch. 418, sec. 2, p. 1321; am. 2012, ch. 39, sec. 7, p. 121; am. 2022, ch. 191, sec. 1, p. 627.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES › Section 39-5714 - REQUIREMENTS FOR DELIVERY SALES.

39-5714. REQUIREMENTS FOR DELIVERY SALES. (1) No permittee shall make a delivery sale of tobacco products or electronic smoking devices to any individual who is under age twenty-one (21) years in this state.
(2) Each permittee taking a delivery sale order shall comply with: the age verification requirements set forth in section 39-5715, Idaho Code; the disclosure and notice requirements set forth in section 39-5716, Idaho Code; the shipping requirements set forth in section 39-5717, Idaho Code; the registration and reporting requirements set forth in section 39-5718, Idaho Code; all tax collection requirements provided by title 63, Idaho Code; and all other laws of the state of Idaho generally applicable to sales of tobacco products or electronic smoking devices that occur entirely within Idaho, including but not limited to those laws imposing excise taxes, sales and use taxes, licensing and tax stamping requirements, and escrow or other payment obligations.
History:
[39-5714, added 2003, ch. 273, sec. 3, p. 730; am. 2012, ch. 39, sec. 8, p. 122; am. 2020, ch. 318, sec. 12, p. 912; am. 2022, ch. 113, sec. 6, p. 420.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES › Section 39-5715 - AGE VERIFICATION REQUIREMENTS.

39-5715. AGE VERIFICATION REQUIREMENTS. No permittee shall mail or ship tobacco products or electronic smoking devices in connection with a delivery sale order unless, before mailing or shipping such tobacco products or electronic smoking devices, the permittee accepting the delivery sale order first obtains from the prospective customer a certification that includes proof of age that the purchaser is at least twenty-one (21) years old, the credit or debit card used for payment has been issued in the purchaser’s name, and the address to which the tobacco products or electronic smoking devices are being shipped matches the credit card company’s address for the cardholder or employs technology that requires and authenticates independent, third-party age and identity verification services, comparing data against third-party sources.
History:
[39-5715, added 2003, ch. 273, sec. 3, p. 730; am. 2012, ch. 39, sec. 9, p. 122; am. 2020, ch. 318, sec. 13, p. 913; am. 2022, ch. 113, sec. 7, p. 421.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES › Section 39-5716 - DISCLOSURE AND NOTICE REQUIREMENTS.

39-5716. DISCLOSURE AND NOTICE REQUIREMENTS. For all delivery sales a permittee shall post on any advertisement or website:
(1) The cautionary language for signs under section 39-5704(6), Idaho Code;
(2) A prominent and clearly legible statement that consists of one (1) of the warnings set forth in section 4(a)(1) of the federal cigarette labeling and advertising act (15 U.S.C. section 1333(a)(1)) rotated on a quarterly basis;
(3) A prominent and clearly legible statement that sales of cigarettes are taxable under chapter 25, title 63, Idaho Code, and an explanation of how such tax has been, or is to be paid, with respect to such delivery sale.
History:
[39-5716, added 2003, ch. 273, sec. 3, p. 730.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES › Section 39-5717 - SHIPPING REQUIREMENTS — TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES.

39-5717. SHIPPING REQUIREMENTS — TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES. Each permittee who mails or ships tobacco products or electronic smoking devices in connection with a delivery sale order shall include as part of the shipping documents a clear and conspicuous statement providing as follows:
TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES: IDAHO LAW PROHIBITS SHIPPING TO INDIVIDUALS UNDER THE AGE OF TWENTY-ONE (21) YEARS AND REQUIRES THE PAYMENT OF TAXES PURSUANT TO CHAPTER 25, TITLE 63, IDAHO CODE. PERSONS VIOLATING THIS LAW MAY BE CIVILLY AND CRIMINALLY LIABLE.
Anyone who delivers any such container distributes tobacco products or electronic smoking devices as defined in section 39-5702(5), Idaho Code, and is subject to the terms and requirements of this chapter. If a permittee taking a delivery sale order also delivers the tobacco products or electronic smoking devices without using a third-party delivery service, the permittee shall comply with all the requirements of vendor-assisted sales as defined in section 39-5702(15), Idaho Code.
History:
[39-5717, added 2003, ch. 273, sec. 3, p. 730; am. 2012, ch. 39, sec. 10, p. 122; am. 2020, ch. 318, sec. 14, p. 913; am. 2022, ch. 113, sec. 8, p. 421.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES › Section 39-5718 - REGISTRATION AND REPORTING REQUIREMENTS.

39-5718. REGISTRATION AND REPORTING REQUIREMENTS. (1) Prior to making delivery sales or shipping tobacco products or electronic smoking devices in connection with any such sales, every business shall obtain a permit from the department and file with the state tax commission a statement setting forth the permittee’s name, trade name, and the address of the business’s principal place of business and any other place of business.
(2) No later than the tenth day of each calendar month, each permittee that has made a delivery sale or shipped or delivered tobacco products or electronic smoking devices in connection with any such sale during the previous calendar month shall file with the department and the state tax commission a memorandum or a copy of the invoice that provides for each and every such delivery sale:
(a) The name and address of the individual to whom the delivery sale was made;
(b) The brand or brands of the tobacco products or electronic smoking devices that were sold in such delivery sale; and
(c) The quantity of tobacco products or electronic smoking devices that were sold in such delivery sale.
(3) Any tobacco products or electronic smoking devices sold or attempted to be sold in a delivery sale that does not meet the requirements of this chapter shall be forfeited to the state of Idaho.
History:
[39-5718, added 2003, ch. 273, sec. 3, p. 731; am. 2020, ch. 318, sec. 16, p. 913.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 58 - HAZARDOUS WASTE FACILITY SITING › Section 39-5801 - SHORT TITLE.

39-5801. SHORT TITLE. This chapter shall be known and may be cited as the "State Hazardous Waste Facility Siting Act."
History:
[39-5801, added 1985, ch. 113, sec. 1, p. 221.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 58 - HAZARDOUS WASTE FACILITY SITING › Section 39-5802 - LEGISLATIVE INTENT.

39-5802. LEGISLATIVE INTENT. (1) The legislature of the state of Idaho hereby finds that adverse public health and environmental impacts can result from the improper land disposal of hazardous waste and that the need for establishing safe sites with adequate capacity for the disposal of hazardous waste is a matter of statewide concern, and the provisions of this chapter are therefore enacted to provide an effective method of establishing such sites.
(2) It is the intent of the legislature of the state of Idaho that generators of hazardous waste be encouraged to use on-site and off-site alternative treatment methods to reduce the amount of hazardous waste that must be discharged into the environment and to reduce associated hazards to the health and welfare of the citizens of this state. Alternative management technologies which detoxify, stabilize and reduce the amount of hazardous waste that must be buried are available. For such purpose, the provisions of this chapter are enacted to allow the development of safe alternative methods for the treatment of hazardous waste and to provide a means for the designation of hazardous waste disposal sites when such methods are unable to obviate the need for hazardous waste disposal on land. Whereas the state of Idaho may be responsible for the perpetual care of hazardous waste land disposal facilities, alternative technologies such as incineration, resource recovery, or physical, chemical or biological degradation should be implemented to the maximum extent possible.
(3) It is the intent of the legislature that the site license process not duplicate the existing hazardous waste management act permitting process as set forth in section 39-4409, Idaho Code. The site license is a preliminary, general review which is not based on the type of specific, detailed technical information required for the hazardous waste management act permit.
History:
[39-5802, added 1985, ch. 113, sec. 1, p. 221; am. 1987, ch. 103, sec. 1, p. 207.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 58 - HAZARDOUS WASTE FACILITY SITING › Section 39-5803 - DEFINITIONS.

39-5803. DEFINITIONS. As used in this chapter:
(1) "Panel" means the site review panel created in section 39-5812, Idaho Code.
(2) "Committee" means the state hazardous waste management planning committee created in section 39-5805, Idaho Code.
(3) "Department" means the department of environmental quality.
(4) "Designated facility" means a hazardous waste treatment, storage or disposal facility that has received a permit or has interim status under title II of the solid waste disposal act or has a permit from the state authorized under section 3006 of title II of the solid waste disposal act (42 U.S.C. 6926).
(5) "Director" means the director of the department of environmental quality.
(6) "Disposal" is defined in section 39-4403, Idaho Code.
(7) "Disposal facility" means a facility or a part of a facility at which managed hazardous waste, as defined by rule, is intentionally placed into or on any land or water and at which hazardous waste will remain after closure.
(8) "Generator" is defined in section 39-4403, Idaho Code.
(9) "Hazardous waste" is defined in section 39-4403, Idaho Code.
(10) "Hazardous waste management" is defined in section 39-4403, Idaho Code.
(11) "On-site" means on the same or geographically contiguous property that may be divided by a public or private right-of-way if the entrance and exit between the pieces of property are at a crossroads intersection and access is by crossing rather than going along the right-of-way. Noncontiguous pieces of property owned by the same person but connected by a right-of-way that the owner controls and to which the public does not have access is also considered on-site property.
(12) "Operator" means the person responsible for the overall operation of a disposal, treatment or storage facility with approval of the director either by contract or permit.
(13) "Person" is defined in section 39-4403, Idaho Code.
(14) "Plan" means the state hazardous waste management plan prepared under the provisions of section 39-5806, Idaho Code.
(15) "Storage" is defined in section 39-4403, Idaho Code.
(16) "Storage facility" means a facility or part of a facility at which managed hazardous waste, as defined by rule and regulation, is subject to storage.
(17) "Title II of the solid waste disposal act" means sections 1001 through 8006 of public law 89-272, 42 U.S.C. 6901, 6902 through 6910, 6912 through 6940, and 6942 through 6986.
For purposes of this chapter, words and phrases defined in section 39-4403, Idaho Code, shall carry the same meaning when used in this chapter unless the context clearly denotes otherwise.
History:
[39-5803, added 1985, ch. 113, sec. 1, p. 221; am. 2001, ch. 103, sec. 50, p. 292; am. 2021, ch. 321, sec. 22, p. 965.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 58 - HAZARDOUS WASTE FACILITY SITING › Section 39-5804 - METHODS OF HAZARDOUS WASTE MANAGEMENT.

39-5804. METHODS OF HAZARDOUS WASTE MANAGEMENT. The department and the committee in the conduct of their duties under the provisions of this chapter and under the provisions of chapter 44, title 39, Idaho Code, shall assist in encouraging, developing and implementing methods of hazardous waste management which are environmentally sound, which maximize the utilization of valuable resources and which encourage resource conservation including source separation and waste reduction.
History:
[39-5804, added 1985, ch. 113, sec. 1, p. 222.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 58 - HAZARDOUS WASTE FACILITY SITING › Section 39-5805 - STATE HAZARDOUS WASTE MANAGEMENT PLANNING COMMITTEE — CREATION — MEMBERS.

39-5805. STATE HAZARDOUS WASTE MANAGEMENT PLANNING COMMITTEE — CREATION — MEMBERS. (1) The state hazardous waste management planning committee is hereby created in the department. The committee shall represent diverse geographical areas of the state. No later than September 1, 1985, the governor shall, subject to the advice and consent of the senate, appoint seventeen (17) members to the committee consisting of the following representatives:
(a) One (1) representative of city government;
(b) One (1) representative of county government;
(c) One (1) hazardous waste transporter;
(d) One (1) hazardous waste generator;
(e) One (1) hazardous waste treatment, storage, or disposal facility operator;
(f) One (1) member of an environmental group;
(g) One (1) member of a conservation group;
(h) Two (2) members of the general public;
(i) The director of the department or his designee;
(j) The director of the department of water resources or his designee;
(k) One (1) licensed professional engineer;
(l) A faculty member of a university or college in this state well versed in geology, hydrology or other environmental matters;
(m) The director of the Idaho transportation department or his designee;
(n) One (1) representative of the mining industry;
(o) One (1) representative of the forest products industry; and
(p) One (1) representative of the agricultural industry.
(2) A vacancy occurring on the committee shall be filled in the same manner as the original appointment.
(3) The chairman of the committee shall be elected by the members of the committee and the chairman shall be a voting member of the committee.
(4) Members of the committee who are not state employees shall be entitled to receive compensation as provided in section 59-509(b), Idaho Code.
(5) The committee by majority vote shall establish operating procedures. The operating procedures shall be made available for public review.
(6) In the conduct of its business, the committee shall solicit the advice of, and consult periodically with cities, counties and persons within the state for the purpose of receiving information or advice that may be helpful in the preparation of the plan.
(7) Employees of the department of environmental quality, department of water resources and the transportation department shall assist the committee on a priority basis.
(8) The committee shall disband after final approval of the plan by the legislature.
(9) Upon petition to the director and the director’s recommendation to the governor, the governor shall appoint a committee in the same manner as the original committee to amend or revise the plan.
(10) The committee shall hold its first meeting as soon as practicable after confirmation by the senate.
History:
[39-5805, added 1985, ch. 113, sec. 1, p. 222; am. 2001, ch. 103, sec. 51, p. 293.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 58 - HAZARDOUS WASTE FACILITY SITING › Section 39-5807 - AMENDMENT OR REJECTION OF PLAN.

39-5807. AMENDMENT OR REJECTION OF PLAN. The legislature shall amend, adopt or reject the plan by passage of a concurrent resolution at the regular legislative session when it receives the plan. If the legislature amends or rejects the plan, it shall indicate its reasons for amendment or rejection by passage of a concurrent resolution and return the plan to the committee.
History:
[39-5807, added 1985, ch. 113, sec. 1, p. 224.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 58 - HAZARDOUS WASTE FACILITY SITING › Section 39-5808 - SITING LICENSE REQUIRED.

39-5808. SITING LICENSE REQUIRED. No person shall construct, expand, enlarge or alter a commercial hazardous waste disposal, treatment or storage facility or any on-site land disposal facility for wastes listed pursuant to section 201(d)(2) and (e), as modified by section 209 of "The Hazardous and Solid Waste Amendments of 1984," as enacted by the U.S. congress, without a siting license from the department. The owner or operator of the facility or site rather than the builder shall be responsible for obtaining the license. Facilities exempted from permitting under the provisions of section 39-4409, Idaho Code, shall not require a license under the provisions of this chapter.
History:
[39-5808, added 1985, ch. 113, sec. 1, p. 225.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 58 - HAZARDOUS WASTE FACILITY SITING › Section 39-5809 - PERMITS AND LICENSES — ISSUANCE PRIOR TO ADOPTION OF PLAN.

39-5809. PERMITS AND LICENSES — ISSUANCE PRIOR TO ADOPTION OF PLAN. The director may issue permits under the provisions of chapter 44, title 39, Idaho Code, or licenses pursuant to this chapter, for existing or proposed hazardous waste treatment, storage or disposal facilities and other authorized operations before the adoption of the plan by the committee.
History:
[39-5809, added 1985, ch. 113, sec. 1, p. 225.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 58 - HAZARDOUS WASTE FACILITY SITING › Section 39-5810 - LICENSES — ISSUANCE AFTER ADOPTION OF PLAN.

39-5810. LICENSES — ISSUANCE AFTER ADOPTION OF PLAN. After the plan has been adopted by the committee, the director shall not issue a license under the provisions of this chapter for a hazardous waste treatment, storage or disposal facility until the director has made a determination that the action is consistent with the adopted hazardous waste management plan. The director may exempt classes or categories of hazardous waste treatment, storage or disposal facilities from complying with the hazardous waste management plan if the exemption is in the public interest and consistent with state and federal law. If the director exempts classes or categories of hazardous waste treatment, storage or disposal facilities from complying with the hazardous waste management plan, rules and regulations shall be promulgated in compliance with chapter 52, title 67, Idaho Code, specifically indicating the exemption.
History:
[39-5810, added 1985, ch. 113, sec. 1, p. 225.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 58 - HAZARDOUS WASTE FACILITY SITING › Section 39-5811 - EXPANSION, ENLARGEMENT OR ALTERATION OF TREATMENT, STORAGE, OR DISPOSAL FACILITY — REVIEW — SITING LICENSES.

39-5811. EXPANSION, ENLARGEMENT OR ALTERATION OF TREATMENT, STORAGE, OR DISPOSAL FACILITY — REVIEW — SITING LICENSES. (1) A hazardous waste treatment, storage, or disposal facility in existence on July 1, 1985, shall not require a review under the provisions of this chapter.
(2) The expansion, enlargement, or alteration of a hazardous waste treatment, storage, or disposal facility in existence on July 1, 1985, constitutes a new proposal for which a siting license is required.
History:
[39-5811, added 1985, ch. 113, sec. 1, p. 225.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 58 - HAZARDOUS WASTE FACILITY SITING › Section 39-5813 - SITING LICENSE APPLICATION — FEE — RULES AND REGULATIONS.

39-5813. SITING LICENSE APPLICATION — FEE — RULES AND REGULATIONS. (1) An application for a siting license shall include:
(a) The name and residence of the applicant;
(b) The location of the proposed hazardous waste treatment, storage, or disposal facility;
(c) Engineering or hydrogeologic information to indicate compliance with technical criteria as adopted in the hazardous waste management plan if applicable;
(d) A description of the types of wastes proposed to be handled at the facility;
(e) Information showing that harm to scenic, historic, cultural or recreational values is not substantial or can be mitigated;
(f) Information showing that the risk and impact of accident during transport of hazardous waste is not substantial or can be mitigated; and
(g) Information showing that the impact on local government is not adverse regarding health, safety, cost and consistency with local planning and existing development or can be mitigated.
(2) Within thirty (30) days after receipt of the application, the director shall determine whether it is complete. If it is not complete, the director shall notify the applicant and state the areas of deficiency.
(3) The application shall be accompanied by a siting license fee. The director shall establish by rule, the scale for determining the siting license application fee. The fee shall not exceed seven thousand five hundred dollars ($7,500) and shall be based on the cost to the department of reviewing the siting license application. The scale shall be based on characteristics including the site size, projected waste volume, and hydrogeological characteristics surrounding the site. Fees received pursuant to this section may be expended by the director to pay the actual, reasonable and necessary costs incurred by the department in acting upon a siting license application. The director may promulgate rules and regulations in compliance with chapter 52, title 67, Idaho Code, in order to implement and administer the provisions of this section.
History:
[39-5813, added 1985, ch. 113, sec. 1, p. 227; am. 1987, ch. 103, sec. 3, p. 209.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 58 - HAZARDOUS WASTE FACILITY SITING › Section 39-5816 - LOCAL RESTRICTIONS ON HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITY CONSTRUCTION.

39-5816. LOCAL RESTRICTIONS ON HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITY CONSTRUCTION. An ordinance, permit requirement or other requirement of a city or county shall not prohibit the construction of a hazardous waste treatment, storage, or disposal facility in that city or county.
History:
[39-5816, added 1985, ch. 113, sec. 1, p. 231.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 58 - HAZARDOUS WASTE FACILITY SITING › Section 39-5817 - COORDINATION AND INTEGRATION WITH STATE AND FEDERAL LAW.

39-5817. COORDINATION AND INTEGRATION WITH STATE AND FEDERAL LAW. The director shall coordinate and integrate the provisions of this chapter for purposes of administration and enforcement with appropriate state and federal law.
History:
[39-5817, added 1985, ch. 113, sec. 1, p. 231.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 58 - HAZARDOUS WASTE FACILITY SITING › Section 39-5818 - INFORMATION OBTAINED — PUBLIC RECORD.

39-5818. INFORMATION OBTAINED — PUBLIC RECORD. (1) Except as provided in subsection (2) of this section, information obtained by the department under the provisions of this chapter shall be deemed to be a public record.
(2) A person regulated under the provisions of this chapter may designate a record, site license application, other information, or a portion of a record, site license application, or other information furnished to or obtained by the department or its agents, as being only for the use of the department and the panel. The material shall then be subject to disclosure according to chapter 1, title 74, Idaho Code.
History:
[39-5818, added 1985, ch. 113, sec. 1, p. 231; am. 1990, ch. 213, sec. 49, p. 520; am. 2015, ch. 141, sec. 97, p. 448.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 58 - HAZARDOUS WASTE FACILITY SITING › Section 39-5819 - CERTIFICATION OF CITY, COUNTY, OR DISTRICT HEALTH DEPARTMENTS.

39-5819. CERTIFICATION OF CITY, COUNTY, OR DISTRICT HEALTH DEPARTMENTS. The department may certify a city, county or health district to administer and enforce portions of this chapter and chapter 44, title 39, Idaho Code, but only to the extent consistent with obtaining and maintaining authorization of the state’s hazardous waste management program pursuant to section 3006 of title II of the solid waste disposal act. Certification procedures shall be established by the department by rule and regulations. The director may rescind certification upon the request of the certified city, county, or health district, or after reasonable notice and hearing, if the director finds that a city, county, or health district is not administering and enforcing the provisions of this chapter or chapter 44, title 39, Idaho Code, or both, as required.
History:
[39-5819, added 1985, ch. 113, sec. 1, p. 231.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 58 - HAZARDOUS WASTE FACILITY SITING › Section 39-5820 - REMEDY FOR DEVALUATION OF PROPERTY CAUSED BY APPROVED FACILITY.

39-5820. REMEDY FOR DEVALUATION OF PROPERTY CAUSED BY APPROVED FACILITY. (1) Before construction of a hazardous waste treatment, storage, or disposal facility, but in no case later than nine (9) months after approval of a site license for a hazardous waste treatment, storage, or disposal facility, any owner or user of real property adversely affected by approval may bring an action in a district court of competent jurisdiction against the owner of the proposed facility. If the court determines that the planned construction and operation of the hazardous waste treatment, storage, or disposal facility will result in the devaluation of the plaintiff’s property or will otherwise interfere with the plaintiff’s rights in the property, it shall order the owner to compensate the plaintiff in an amount equal to the value of the plaintiff’s loss.
(2) The remedy provided in subsection (1) of this section shall be in addition to other remedies provided by law for owners or users aggrieved by the proposed construction and operation of a hazardous waste treatment, storage or disposal facility.
(3) Nothing in this chapter shall prevent an owner or user of property aggrieved by the construction and operation of a facility from seeking damages that result from a subsequent modification of the design or operation of a facility but such damages are limited to the incremental damage that results from the modification. Any action for such damages under this section shall be brought within nine (9) months after the siting license for modification of the design or operation of the facility is approved.
(4) For the purpose of assessing damages, the value of the rights affected is fixed at the date the siting license is approved and the actual value of the right at that date is the basis for the determination of the amount of damage suffered, and no improvements to the property subsequent to the date of approval of the plans shall be included in the assessment of damages. Similarly, for any subsequent modification of a facility, value is fixed at the date of approval of the siting license.
(5) The owner or operator of a proposed facility may, at any time before an award of damages, abandon the construction or operation of the facility or any modification and cause the action to be dismissed. As a condition of dismissal, however, the owner or operator shall compensate the plaintiff for any actual damage sustained as a result of construction or operation of the facility before abandonment together with court costs and a reasonable attorney’s fee.
(6) Nothing in this chapter shall prevent a court from enjoining any activity at a hazardous waste treatment, storage, or disposal facility that is outside of, or not in compliance with, the terms and conditions of an approved hazardous waste operations permit pursuant to section 39-4409, Idaho Code.
History:
[39-5820, added 1985, ch. 113, sec. 1, p. 232.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 59 - IDAHO RURAL HEALTH CARE ACCESS PROGRAM › Section 39-5901 - SHORT TITLE.

39-5901. SHORT TITLE. This act shall be known and cited as the "Idaho Rural Health Care Access Program."
History:
[39-5901, added 2000, ch. 262, sec. 2, p. 735.]