reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 25 - RURAL NURSING LOAN REPAYMENT PROGRAM [EFFECTIVE UNTIL JUNE 30, 2029] › Section 39-2502 - DEFINITIONS.

39-2502. DEFINITIONS. [EFFECTIVE UNTIL JUNE 30, 2029] As used in this chapter:
(1) "Applicant" means an individual submitting documents required by the department of health and welfare for the purpose of requesting a grant from the rural nursing loan repayment program.
(2) "Application period" means the time period from October 1 to November 30 of the state fiscal year for which funding is requested.
(3) "Approval" means written notification that the application will be awarded funding through the rural nursing loan repayment program.
(4) "Board" means the rural nursing loan repayment grant review board.
(5) "Department" means the department of health and welfare.
(6) "Director" means the director of the department.
(7) "Eligible area" means:
(a) A rural area also designated by the United States secretary of health and human services as a health professional shortage area;
(b) A county without a population center of twenty thousand (20,000) or more persons; or
(c) All certified Idaho critical access hospitals.
(8) "Eligible employer" means:
(a) Critical access hospitals, federally qualified health centers, rural health clinics, long-term care facilities, public health districts, state hospitals, licensed home health agencies, licensed hospice agencies, rural health care clinics, tribal clinics, veterans health administration hospitals, veterans health administration clinics, veterans health administration long-term care homes, or Indian health service clinics; or
(b) Any other employer located in a rural area that employs nurses for purposes of providing nursing services to patients, as determine by the board.
(9) "Grant period" means the time immediately following the application period from December 1 through June 30 for which funding is granted.
(10) "Nurse" means a licensed practical nurse or a registered nurse pursuant to chapter 14, title 54, Idaho Code.
(11) "Qualified nursing education debt" means a debt with a financial aid program or financial institution incurred to meet the educational costs of attending an accredited nursing school.
(12) "Recipient" means an individual who receives a grant pursuant to this chapter.
(13) "Rural nurse" means a licensed nurse who spends a minimum of thirty-two (32) hours per week, on average, providing nursing care to patients in an eligible area.
(14) "Rural nursing loan repayment fund" or "fund" means the fund in the state treasury established in section 39-2503, Idaho Code.
(15) "Rural nursing loan repayment grant" or "grant" means a grant awarded pursuant to this chapter.
(16) "Rural nursing loan repayment program" or "program" means the rural nursing loan repayment program established by this chapter.
History:
[39-2502, added 2023, ch. 60, sec. 1, p. 218.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 25 - RURAL NURSING LOAN REPAYMENT PROGRAM [EFFECTIVE UNTIL JUNE 30, 2029] › Section 39-2503 - RURAL NURSING LOAN REPAYMENT FUND.

39-2503. RURAL NURSING LOAN REPAYMENT FUND. [EFFECTIVE UNTIL JUNE 30, 2029] There is hereby established in the state treasury a rural nursing loan repayment fund to be administered by the department. Moneys in the fund shall:
(1) Be subject to appropriation by the legislature to pay for:
(a) The educational debts of nurses in rural and underserved areas of the state that demonstrate a need for assistance in nursing recruitment and retention; and
(b) The expenses of administering the rural nursing loan repayment program, which expenses shall not exceed ten percent (10%) of the annual appropriation by the legislature; and
(2) Consist of:
(a) Legislative appropriations;
(b) Health care industry contributions, private donations, and federal funds as available; and
(c) Interest earned on idle moneys in the fund.
History:
[39-2503, added 2023, ch. 60, sec. 1, p. 219.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 25 - RURAL NURSING LOAN REPAYMENT PROGRAM [EFFECTIVE UNTIL JUNE 30, 2029] › Section 39-2504 - REVIEW BOARD.

39-2504. REVIEW BOARD. [EFFECTIVE UNTIL JUNE 30, 2029] (1) The director shall appoint eight (8) members of a board to be known as the rural nursing loan repayment grant review board. Members of the board:
(a) Shall serve at the pleasure of the director; and
(b) Shall not be compensated but shall be reimbursed for travel expenses incurred for attendance at board meetings.
(2) The board shall meet at least annually for the purposes described in this chapter.
(3) The board shall be composed of the following:
(a) A rural hospital chief nursing officer or administrator;
(b) A rural long-term care chief nursing officer or administrator;
(c) A faculty member from an Idaho-accredited registered nursing school;
(d) A faculty member from an Idaho-licensed practical nursing school;
(e) A federally qualified health center or rural health clinic representative;
(f) A representative from the American nurses association-Idaho or the nurse leaders of Idaho association;
(g) An Idaho hospital association representative; and
(h) An Idaho health care association representative.
(4) Appointments to the board shall be for three (3) years, except for initial appointments to the board, which shall be staggered in such a manner that approximately one-third (1/3) of the board members are appointed for one (1) year, one-third (1/3) of the board members are appointed for two (2) years, and one-third (1/3) of the board members are appointed for three (3) years. Board members may be reappointed at the end of their terms.
(5) A majority of the board members constitutes a quorum for the transaction of business. A majority vote is required by the quorum in finalizing decisions.
History:
[39-2504, added 2023, ch. 60, sec. 1, p. 219.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 25 - RURAL NURSING LOAN REPAYMENT PROGRAM [EFFECTIVE UNTIL JUNE 30, 2029] › Section 39-2505 - SCOPE OF RURAL NURSING LOAN REPAYMENT GRANT SUPPORT.

39-2505. SCOPE OF RURAL NURSING LOAN REPAYMENT GRANT SUPPORT. [EFFECTIVE UNTIL JUNE 30, 2029] (1) The board may award grants in accordance with the procedures and criteria in this chapter to nurses for qualified education debt repayments and for nursing education loan repayments.
(2) Rural nursing loan repayment grant awards.
(a) Grant award recipients will be determined annually by the board.
(b) Subject to available funding, the board may offer awards to up to fifty (50) qualified applicants per year.
(c) A nurse selected to receive a rural nursing loan repayment grant award shall be entitled to receive qualified nursing education debt repayments for a period not to exceed three (3) years.
(d) Award amounts shall consist of:
(i) Five thousand dollars ($5,000) after the verified completion of one (1) year of continuous employment by eligible employers in an eligible area;
(ii) Ten thousand dollars ($10,000) after the verified completion of two (2) years of continuous employment by eligible employers in an eligible area; and
(iii) Ten thousand dollars ($10,000) after the verified completion of three (3) years of continuous employment by eligible employers in an eligible area.
(e) The award shall not exceed the qualified nursing education debt incurred by the recipient, and the maximum amount of education debt repayments that a rural nurse may receive shall be twenty-five thousand dollars ($25,000) over a three (3) year period.
(f) All nursing grant awards shall be paid directly from the rural nursing loan repayment fund to the recipient of the award.
(g) In determining the awards to be made in any given year, the board and the department shall consider the value of retaining an appropriate balance in the fund for use in future years.
(h) An award payment to a recipient in a single year is not guaranteed or assured in subsequent years.
(3) Grant awards are limited to qualified education debt repayments and nursing loan repayments for nurses providing nursing care in eligible areas.
(4) Nothing in this chapter may be construed to require the provision of awards without an appropriation for that purpose.
History:
[39-2505, added 2023, ch. 60, sec. 1, p. 219.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 25 - RURAL NURSING LOAN REPAYMENT PROGRAM [EFFECTIVE UNTIL JUNE 30, 2029] › Section 39-2506 - ELIGIBILITY FOR GRANTS.

39-2506. ELIGIBILITY FOR GRANTS. [EFFECTIVE UNTIL JUNE 30, 2029] (1) A nurse who meets the following requirements is eligible to apply for a rural nursing loan repayment grant award:
(a) During the period covered by the award, the nurse must be a rural nurse providing nursing care in an eligible area. A nurse may provide patient care services in nursing care in more than one (1) eligible area;
(b) The nurse must be licensed as a licensed practical nurse or a registered nurse and must have completed an accredited nursing program; and
(c) The nurse must hold an unrestricted Idaho nursing license and must be able to meet the nursing requirements of the eligible employer.
(2) Nurses receiving or having received other nursing educational loan repayment through programs such as the rural health care access program and the state loan repayment program are not eligible for this program.
(3) Advanced practice registered nurses are not eligible for this program.
History:
[39-2506, added 2023, ch. 60, sec. 1, p. 220.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 25 - RURAL NURSING LOAN REPAYMENT PROGRAM [EFFECTIVE UNTIL JUNE 30, 2029] › Section 39-2507 - RURAL NURSING LOAN REPAYMENT GRANT APPLICATIONS REQUIRED.

39-2507. RURAL NURSING LOAN REPAYMENT GRANT APPLICATIONS REQUIRED. [EFFECTIVE UNTIL JUNE 30, 2029] (1) A completed grant application must be submitted by the applicant to the department for the purpose of requesting a grant on or before the conclusion of the application period specified for the appropriate grant cycle. All applications must include the required information.
(2) The grant application and any attachments submitted by the applicant shall be the primary source of information for awarding a grant. Additionally, the board may request or use other information known to it in making its decision.
(3) All grant applications shall:
(a) Be on a form prescribed by the department; and
(b) Include a letter of support from an eligible employer along with supporting documentation.
History:
[39-2507, added 2023, ch. 60, sec. 1, p. 220.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 25 - RURAL NURSING LOAN REPAYMENT PROGRAM [EFFECTIVE UNTIL JUNE 30, 2029] › Section 39-2508 - RURAL NURSING LOAN REPAYMENT GRANT AWARD SCHEDULE.

39-2508. RURAL NURSING LOAN REPAYMENT GRANT AWARD SCHEDULE. [EFFECTIVE UNTIL JUNE 30, 2029] (1) The board shall conduct the grant process in accordance with the schedule provided in this section.
(2) The department will make available a list of areas eligible for potential grant assistance no later than August 1 prior to the application period.
(3) The department shall develop an application form and make guidance available no later than October 1, which shall initiate the application period prior to the grant period.
(4) The completed application shall be submitted to the department no later than November 30 of the application period.
(5) Applications will be reviewed by the board, and the board will select award recipients from qualified applicants.
(6) The board shall issue notification to every applicant regarding the disposition of their grant request by February 15 prior to the grant period.
(7) Funds for approved rural nursing loan repayment grants shall be disbursed upon verified completion of employment by eligible employers after one (1) year, two (2) years, or three (3) years of continuous employment, according to the payment schedule, that meets grant criteria.
History:
[39-2508, added 2023, ch. 60, sec. 1, p. 221.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 25 - RURAL NURSING LOAN REPAYMENT PROGRAM [EFFECTIVE UNTIL JUNE 30, 2029] › Section 39-2509 - RURAL NURSING LOAN REPAYMENT AWARD CRITERIA.

39-2509. RURAL NURSING LOAN REPAYMENT AWARD CRITERIA. [EFFECTIVE UNTIL JUNE 30, 2029] (1) Grant awards shall be made by the board based on ranking and priority in accordance with the following criteria:
(a) Priority shall be given to licensed practical nurses and registered nurses who are Idaho residents and graduated from an accredited nursing program in Idaho; and
(b) Award priority shall be given to nurses working in an eligible area with a demonstrated nursing shortage.
(2) In reviewing and weighing the criteria listed in subsection (1) of this section, the board shall consider all relevant factors.
(3) If a nurse selected for an award of debt payments does not accept the award, then the award shall be made to an eligible nurse who has not yet been awarded a grant and who best satisfies the criteria provided in subsection (1) of this section.
History:
[39-2509, added 2023, ch. 60, sec. 1, p. 221.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 25 - RURAL NURSING LOAN REPAYMENT PROGRAM [EFFECTIVE UNTIL JUNE 30, 2029] › Section 39-2510 - FRAUDULENT INFORMATION ON GRANT APPLICATION.

39-2510. FRAUDULENT INFORMATION ON GRANT APPLICATION. [EFFECTIVE UNTIL JUNE 30, 2029] Providing false information on any application or document submitted under this chapter is a misdemeanor and grounds for declaring the applicant ineligible. Any and all funds determined to have been acquired on the basis of fraudulent information must be returned to the rural nursing loan repayment grant program. This section shall not limit other remedies that may be available for the filing of false or fraudulent applications.
History:
[39-2510, added 2023, ch. 60, sec. 1, p. 221.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 25 - RURAL NURSING LOAN REPAYMENT PROGRAM [EFFECTIVE UNTIL JUNE 30, 2029] › Section 39-2511 - DEPARTMENT AUTHORITY.

39-2511. DEPARTMENT AUTHORITY. [EFFECTIVE UNTIL JUNE 30, 2029] The state department of health and welfare is authorized to take all actions necessary to implement and enforce the provisions of this chapter, including the promulgation of rules.
History:
[39-2511, added 2023, ch. 60, sec. 1, p. 221.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 25 - RURAL NURSING LOAN REPAYMENT PROGRAM [EFFECTIVE UNTIL JUNE 30, 2029] › Section 39-2512 - ADMINISTRATIVE APPEALS.

39-2512. ADMINISTRATIVE APPEALS. [EFFECTIVE UNTIL JUNE 30, 2029] Applicants aggrieved by the award or failure to award a grant pursuant to this chapter shall be afforded the remedies provided in chapter 52, title 67, Idaho Code.
History:
[39-2512, added 2023, ch. 60, sec. 1, p. 221.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 25 - RURAL NURSING LOAN REPAYMENT PROGRAM [EFFECTIVE UNTIL JUNE 30, 2029] › Section 39-2513 - SUNSET DATE.

39-2513. SUNSET DATE. [EFFECTIVE UNTIL JUNE 30, 2029] The provisions of this chapter shall be null, void, and of no force and effect on and after June 30, 2029.
History:
[39-2513, added 2023, ch. 60, sec. 1, p. 221.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 26 - FIREWORKS › Section 39-2602 - DEFINITIONS.

39-2602. DEFINITIONS. As used in this chapter, these terms shall have the following meanings:
(1) "Authority having jurisdiction" means a city fire department if the area is within a city, or a fire protection district formed pursuant to provisions of the Idaho Code if the area is within a fire protection district, or the county commission if the area is not within a city or fire protection district.
(2) "Department" means the department of insurance, division of the state fire marshal.
(3) "Fireworks" means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation. Fireworks include items classified as common or special fireworks by the United States bureau of explosives or contained in the regulations of the United States department of transportation and designated as UN 0335 1.3G or UN 0336 1.4G. The term "fireworks" shall not include any automotive safety flares, toy guns, toy cannons, caps or other items designed for use with toy guns or toy cannons, party poppers, pop-its or other devices which contain twenty-five hundredths (.25) of a grain or less of explosive substance.
(4) "Importer" means any person who, for any purpose other than personal use, or a use associated with a specific public display or other event permit, is the first receiver of any fireworks in this state.
(5) "License" means a nontransferable, formal authorization, issued by the department to engage in the acts of importing fireworks into this state or operating a wholesale fireworks business within this state.
(6) "Nonaerial common fireworks" means any fireworks such as ground spinners, fountains, sparklers, smoke devices or snakes designed to remain on or near the ground and not to travel outside a fifteen (15) foot diameter circle or emit sparks or other burning material which land outside a twenty (20) foot diameter circle or above a height of twenty (20) feet. Nonaerial common fireworks do not include firecrackers, jumping jacks, or similar products.
(7) "Permit" means an authorization given by the authority having jurisdiction pursuant to section 39-2604 or 39-2605, Idaho Code.
(8) "Special fireworks" means any fireworks designed primarily for display and classified as special fireworks by the United States bureau of explosives or designated as UN 0335 1.3G.
(9) "Wholesale" means sale of fireworks to a retailer or wholesaler.
History:
[39-2602, added 1997, ch. 246, sec. 2, p. 710.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 26 - FIREWORKS › Section 39-2603 - WHOLESALE AND IMPORT LICENSE REQUIRED.

39-2603. WHOLESALE AND IMPORT LICENSE REQUIRED. (1) A license shall be required for any person to import fireworks into this state or to operate a wholesale fireworks business in this state.
(2) Fireworks shall only be delivered in this state by a person with a valid wholesale or import license under the following circumstances:
(a) (i) To a person with a valid sales tax seller’s permit issued pursuant to section 63-3620, Idaho Code; and
(ii) During a period beginning sixty (60) days prior to a date on which the retail sale or use of nonaerial common fireworks is authorized under this chapter; or
(b) To a person with a valid permit issued pursuant to section 39-2605, Idaho Code, within a reasonable time period before the display or event.
(3) Possession of a wholesale or import license does not authorize the holder of the license to sell nonaerial common fireworks at retail, but a wholesaler or importer may also hold a retail permit in compliance with the provisions of this chapter.
(4) Wholesale or import licenses shall be issued for a twelve (12) month period beginning on March 31 each year and shall be nontransferable. The license shall be issued if the application is complete and in compliance with applicable law.
(5) Wholesale or import license applications shall be on a form approved by the department and shall include the name and address of the applicant (or the names of all partners, if a partnership, the name of the corporation and the corporate officers if a corporation, or the name of the limited liability company and all of its members, if a limited liability company) the primary location of the business, each location at which fireworks are to be stored and the applicant’s Idaho sales tax seller’s permit number, if applicable.
(6) A bond or valid certificate of public liability and property-casualty insurance providing coverage of at least one hundred thousand dollars ($100,000) for personal injury and property damage shall be presented at the time of application.
(7) The department may impose a fee for issuing a license under this section which shall not exceed one hundred dollars ($100).
(8) The license required under this section may be revoked if the licensee violates any provisions of this chapter. A license revocation proceeding shall comply with the provisions of chapter 52, title 67, Idaho Code.
(9) The license shall be displayed in public view at each location listed on the license.
(10) An importer or wholesaler shall keep a record of all wholesale transactions showing the name, address, sales tax seller’s permit number, if applicable, and type and quantity of items sold.
History:
[39-2603, added 1997, ch. 246, sec. 2, p. 710.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 26 - FIREWORKS › Section 39-2604 - PERMIT REQUIRED FOR RETAIL SALES.

39-2604. PERMIT REQUIRED FOR RETAIL SALES. (1) The local authority having jurisdiction may require a permit for the retail sale of nonaerial common fireworks.
(2) If a permit is required the applications shall be on a form approved by the authority having jurisdiction and shall include the name and address of the applicant (or the names of all partners, if a partnership, the name of the corporation and the corporate officers if a corporation, or the name of the limited liability company and all of its members, if a limited liability company) the primary location of the business, each location at which fireworks are to be stored and the applicant’s Idaho sales tax seller’s permit number, if applicable.
(3) A bond or valid certificate of public liability and property-casualty insurance providing coverage of up to one hundred thousand dollars ($100,000) for personal injury and property damage may be required at the time of application.
(4) The authority having jurisdiction may assess a fee for issuing a permit under this section which shall not exceed twenty-five dollars ($25.00).
(5) The permit shall be issued if the application is complete and in compliance with applicable law, shall be valid for twelve (12) months from the date of issuance and shall be nontransferable.
(6) The permit required under this section may be revoked if the permittee violates any provisions of this chapter. A permit revocation proceeding shall comply with the provisions of chapter 52, title 67, Idaho Code.
(7) The permit shall be displayed in public view at the location listed on the permit.
History:
[39-2604, added 1997, ch. 246, sec. 2, p. 711.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 26 - FIREWORKS › Section 39-2605 - PERMIT REQUIRED FOR PUBLIC DISPLAY OR OTHER EVENT USING FIREWORKS.

39-2605. PERMIT REQUIRED FOR PUBLIC DISPLAY OR OTHER EVENT USING FIREWORKS. (1) The authority having jurisdiction may, at its discretion, issue a permit for public display or other events in the following circumstances:
(a) After determining that the public display will be supervised by a qualified person and will not constitute an unreasonable hazard to persons or property. Appropriate national fire protection association or international fire code provisions may be used as guidance for this determination.
(b) After determining that sales and use of fireworks outside the normal sales period provided in section 39-2606, Idaho Code, or proposing the use of fireworks in addition to nonaerial common fireworks will not constitute an unreasonable hazard to persons or property.
(2) An application for a permit for public display or other event shall be on a form approved by, and contain the information reasonably requested by, the authority having jurisdiction.
(3) The permit shall be nontransferable, shall list the specific date or dates upon which the display or event shall occur and the types of fireworks and uses that will be allowed.
(4) A bond or valid certificate of public liability and property-casualty insurance providing coverage of up to one million dollars ($1,000,000) for personal injury and property damage may be required at the time of application for public display of special fireworks.
(5) The authority having jurisdiction may assess a fee for issuing a permit for public display under this section which shall not exceed one hundred twenty-five dollars ($125). There shall be no fee for the issuance of a permit for any event other than a public display event.
(6) Alteration of fireworks may be performed by a person in possession of a valid public display permit.
History:
[39-2605, added 1997, ch. 246, sec. 2, p. 712; am. 2002, ch. 86, sec. 4, p. 197.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 26 - FIREWORKS › Section 39-2606 - AUTHORIZED DATES FOR THE SALE AND USE OF FIREWORKS.

39-2606. AUTHORIZED DATES FOR THE SALE AND USE OF FIREWORKS. (1) Nonaerial common fireworks may be sold at retail and used beginning at midnight June 23, and ending at midnight July 5 and beginning at midnight December 26 and ending at midnight January 1. The authority having jurisdiction may at its discretion extend each period of sales by not more than five (5) days.
(2) Fireworks may be sold and used at any time in compliance with permits issued under the provisions of section 39-2605, Idaho Code.
History:
[39-2606, added 1997, ch. 246, sec. 2, p. 712.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 26 - FIREWORKS › Section 39-2608 - SHORT-TERM STORAGE.

39-2608. SHORT-TERM STORAGE. (1) A short-term storage facility may be used for the storage of nonaerial common fireworks for a period of sixty (60) days prior to, and fifteen (15) days after, any authorized retail sales date. The authority having jurisdiction shall be notified of the address or location of all short-term storage facilities when fireworks will not be stored in a temporary fireworks stand. If the short-term storage facility is not within the boundaries of the jurisdiction having issued the retail sales permit the permittee shall notify the authority having jurisdiction where the storage is to take place.
(2) Short-term storage is allowed in any of the following, provided it is locked or otherwise secured: a temporary fireworks stand, truck, trailer, or other vehicle. A truck, trailer or other vehicle used for short-term storage must remain at least twenty-five (25) feet from the stand during any time the stand is open for business, but may abut the stand when it is closed. A truck, trailer or vehicle used for short-term storage must be at least twenty-five (25) feet from any other inhabited building. Short-term storage may occur in a locked or secured shed, garage, barn or other building or storage container which is detached from an inhabited building and contains no open flames, including heating and lighting sources. The authority having jurisdiction may, in its discretion, allow short-term storage to occur in an attached garage with a one (1) hour fire wall separating the garage from any inhabited area.
History:
[39-2608, added 1997, ch. 246, sec. 2, p. 714.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 26 - FIREWORKS › Section 39-2609 - GENERAL PROHIBITIONS.

39-2609. GENERAL PROHIBITIONS. It shall be unlawful for any person, except in compliance with this chapter, to:
(1) Alter any fireworks;
(2) Throw any fireworks from, into, or at a moving vehicle or at any person;
(3) Sell or use any fireworks at any time not permitted under this chapter;
(4) Use fireworks in any area that constitutes a severe fire threat based on the vegetative conditions during the current fire season as determined by the county commission or authority having jurisdiction, provided that notice of such areas is given in advance.
A violation of subsection (1) or (3) of this section shall constitute an infraction and shall be punishable by a fine of one hundred dollars ($100).
History:
[39-2609, added 1997, ch. 246, sec. 2, p. 714; am. 2015, ch. 222, sec. 1, p. 685.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 26 - FIREWORKS › Section 39-2610 - EXCEPTIONS.

39-2610. EXCEPTIONS. The provisions of this chapter do not apply to and shall not prohibit:
(1) The use of flares, noisemakers or signals designed and used for the purpose of protecting the public;
(2) The use of blank cartridges;
(3) The use of flares or noisemakers designed and labeled specifically for pest control purposes and approved by the Idaho department of fish and game;
(4) The continued use of existing facilities for long-term storage of fireworks by wholesalers;
(5) Manufacturing of fireworks in this state; and
(6) The importation, storage and sale of fireworks for export from this state, or interstate commerce in fireworks.
History:
[39-2610, added 1997, ch. 246, sec. 2, p. 714.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 26 - FIREWORKS › Section 39-2611 - LIABILITY OF PARENTS.

39-2611. LIABILITY OF PARENTS. The parents or other persons having custody or control of a minor shall be liable for damage caused by the use of fireworks by the minor.
History:
[39-2611, added 1997, ch. 246, sec. 2, p. 715; am. 2012, ch. 257, sec. 10, p. 717.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 26 - FIREWORKS › Section 39-2612 - ENFORCEMENT.

39-2612. ENFORCEMENT. This chapter shall be enforced by the department, cities, counties, fire protection districts or other law enforcement agencies of the state.
History:
[39-2612, added 1997, ch. 246, sec. 2, p. 715.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 26 - FIREWORKS › Section 39-2613 - PENALTIES — INJUNCTIONS.

39-2613. PENALTIES — INJUNCTIONS. Except as provided in section 39-2609, Idaho Code, any person violating the provisions of this chapter or any rules issued hereunder is guilty of a misdemeanor. Notwithstanding the existence or use of any other penalty or remedy, any person who violates the provisions of this chapter or any of the rules promulgated pursuant to this chapter may, upon application to or with written consent of the authority having jurisdiction, be enjoined in the manner provided by law from continuing the violation. Fireworks being used in violation of this chapter may be confiscated by the authority having jurisdiction.
History:
[39-2613, added 1997, ch. 246, sec. 2, p. 715; am. 2015, ch. 222, sec. 2, p. 685.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 26 - FIREWORKS › Section 39-2614 - RULES.

39-2614. RULES. The department may adopt any rules necessary to carry out the provisions of this chapter which are consistent with the provisions of this chapter and which are necessary to carry out its duties under the provisions of this chapter.
History:
[39-2614, added 1997, ch. 246, sec. 2, p. 715.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 27 - ALZHEIMER’S DISEASE AND RELATED DEMENTIAS › Section 39-2701 - ALZHEIMER’S DISEASE AND RELATED DEMENTIAS.

39-2701. ALZHEIMER’S DISEASE AND RELATED DEMENTIAS. (1) The legislature, having recognized that Alzheimer’s disease and related dementias (ADRD) are a looming state and national public health crisis and having found that it is in the best interest of the state and its citizenry to develop a statewide strategy to mobilize a coordinated state response, finds that it is in the best interest of the state and its citizenry to continue the work of the Alzheimer’s disease and related dementias alliance (ADRD alliance) in developing, implementing, amending, and updating the Idaho Alzheimer’s disease and related dementias strategic plan.
(2) The Idaho department of health and welfare, division of public health, Alzheimer’s disease and related dementias program, is directed to:
(a) Convene the ADRD alliance every five (5) years to update the Alzheimer’s disease and related dementias strategic plan for Idaho. The department shall serve as the focal point in convening the ADRD alliance and shall provide oversight in developing comprehensive, coordinated strategies that address the current and future impact of Alzheimer’s disease, an examination of existing resources available to persons living with Alzheimer’s disease and their caregivers, and information regarding Alzheimer’s disease trends and policies in the state; and
(b) Annually provide a report to the governor and the legislature that shall include, at a minimum, recommendations for state policy relating to ADRD, a review of services, public safety issues for those living with ADRD and their caregivers, public education, and services initiated and coordinated among public and private agencies to meet the needs of Idahoans with ADRD and their caregivers.
History:
[39-2701, added 2023, ch. 151, sec. 1, p. 405.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 28 - ABATEMENT DISTRICTS › Section 39-2801 - DEFINITIONS.

39-2801. DEFINITIONS. When used in this chapter:
(1) "Vector" means an animal, such as an insect, that transmits a disease producing organism from one host to another.
(2) "Vermin" means small animals, including insects, of public health and welfare concern which are difficult to control when they appear in large numbers.
History:
[39-2801, added 2007, ch. 188, sec. 2, p. 548.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 28 - ABATEMENT DISTRICTS › Section 39-2801A - AUTHORIZATION TO FORM ABATEMENT DISTRICTS.

39-2801A. AUTHORIZATION TO FORM ABATEMENT DISTRICTS. There may be formed, under the provisions of this chapter, districts for the abatement of mosquitoes or other vermin of public health and welfare importance, in any area of the state from territory of one (1) or more counties, one (1) or more cities or towns, or any combination or portion thereof. No district shall contain noncontiguous areas except where a noncontiguous area of land consisting of not less than forty (40) contiguous acres, is separated from the district by public property owned by the federal, state or local government, such noncontiguous land may be included in the district by election or agreement of the private property owners. Any abatement district formed under this chapter, including an interim district formed under the provisions of section 39-2812, Idaho Code, shall be governed by the provisions of section 39-2804, Idaho Code.
History:
[(39-2801A) 39-2801, added 1959, ch. 81, sec. 1, p. 186; am. & redesig. 2007, ch. 188, sec. 3, p. 548.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 28 - ABATEMENT DISTRICTS › Section 39-2802 - PROCEDURES FOR FORMATION OF ABATEMENT DISTRICTS.

39-2802. PROCEDURES FOR FORMATION OF ABATEMENT DISTRICTS. (1) Abatement districts may be formed in the following ways:
(a) Upon presentation to the board of county commissioners of a petition requesting the formation of an abatement district, which is signed by property owners of the territory of the proposed abatement district, equal to not less than ten percent (10%) of the property owners within the proposed district, the commissioners shall publish such petition when the following conditions are met: the petition must define the boundaries of the proposed district and assessed tax valuation of the property therein. When the above conditions have been met the county commissioners shall publish the petition, and if after thirty (30) days no protests are received, an election must be held on a regularly scheduled election date specified in section 34-106, Idaho Code. The abatement district shall bear the expense of holding their portion of the election upon their successful formation from the first tax moneys collected. If there are written protests, the county commissioners must hold a public hearing within thirty (30) days after receipt of the written protests and after the hearing hold an election. Notice of the time and place of such election shall be published at least once not less than twelve (12) days prior to the election and a second time not less than five (5) days prior to the election in at least one (1) newspaper having general circulation in the proposed abatement district.
(b) The board of county commissioners may place the question on a ballot during either a primary or general election as to whether to create an abatement district. If the board of county commissioners determines to place such a question on the ballot, it shall be after they define the boundaries of the proposed district and assessed tax valuation of the property therein. Notice of the time and place of such election shall be published at least once not less than twelve (12) days prior to the election and a second time not less than five (5) days prior to the election in at least one (1) newspaper having general circulation in the proposed abatement district.
(2) No person shall be entitled to vote at any election held under the provisions of this chapter unless he shall possess all the qualifications required of electors under the general laws of the state and be a resident of the proposed district. A majority of the votes cast by the qualified electors shall establish the district.
History:
[39-2802, added 1959, ch. 81, sec. 2, p. 186; am. 1995, ch. 118, sec. 56, p. 472; am. 2007, ch. 188, sec. 4, p. 549.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 28 - ABATEMENT DISTRICTS › Section 39-2803 - SELECTION OF OFFICIALS OF ABATEMENT DISTRICTS.

39-2803. SELECTION OF OFFICIALS OF ABATEMENT DISTRICTS. A board of trustees shall be appointed from those residing within the area of the proposed abatement district to govern the abatement district. The trustees appointed shall at the first meeting of each year elect a president, secretary, and treasurer to serve during the ensuing year. The officers of the board shall be bonded to the extent of five hundred dollars ($500) to five thousand dollars ($5,000) each as set by the county commissioners. The members of the board shall be appointed by the county commissioners of the county they are to represent. When two (2) or more counties or portions thereof comprise an abatement district, the selection of trustees will be made by mutual agreement of the county commissioners concerned. A board of trustees may have three (3) or five (5) members, as determined by the county commissioners. Each trustee shall be a resident property owner and a registered voter. Trustees shall be appointed for four (4) years on staggered appointments. To initiate the board, at least one (1) member shall be appointed for two (2) years, one (1) for three (3) years, and one (1) for four (4) years. Subsequent appointments shall be for four (4) years. Trustees shall serve without compensation but will be reimbursed for necessary expenses involved with the performance of their official duties. The county health officer and the county agent shall be ex officio members of the board. Whenever two (2) or more counties or portions thereof are included in the district, the health officer and county agent for each county shall be ex officio members of the board. The directors or heads of the following state departments or their designated representatives shall be considered ex officio members of the board and may be called upon for their advice and assistance in the handling of abatement problems affecting their direct interests: agriculture, fish and game, lands, transportation, water resources, and health and welfare.
History:
[39-2803, added 1959, ch. 81, sec. 3, p. 186; am. 1974, ch. 18, sec. 226, p. 364; am. 1974, ch. 23, sec. 141, p. 633; am. 2022, ch. 117, sec. 1, p. 425.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 28 - ABATEMENT DISTRICTS › Section 39-2805 - METHOD OF FINANCING ABATEMENT DISTRICTS.

39-2805. METHOD OF FINANCING ABATEMENT DISTRICTS. The board of county commissioners must levy upon taxable property within the district a tax at a rate not greater than sufficient to raise the amount determined by the board of trustees as approved by the board of county commissioners, as necessary for the operation of the district for the ensuing year. In no event shall such tax exceed one tenth percent (.1%) of the market value for assessment purposes on all taxable property within the district. All taxes thus levied shall be collected in the same manner as other taxes and deposited to the credit of the abatement district and shall be used for no other purposes. Such funds may be withdrawn from the county treasury and upon warrant of the board of trustees of the abatement district, signed by the president of the board and countersigned by its secretary, for the activities of the abatement district.
History:
[39-2805, added 1959, ch. 81, sec. 5, p. 186; am. 1974, ch. 23, sec. 143, p. 633; am. 1993, ch. 199, sec. 2, p. 549; am. 1995, ch. 82, sec. 17, p. 228.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 28 - ABATEMENT DISTRICTS › Section 39-2806 - ANNEXATION TO ABATEMENT DISTRICTS.

39-2806. ANNEXATION TO ABATEMENT DISTRICTS. Contiguous territories may be annexed to organized abatement districts upon petition of a majority of the legal voters in the territory seeking annexation and of the owners of more than half, by assessed value, of the taxable property in such territory, or by written request for annexation of a designated area, submitted to the trustees of the existing abatement district and signed by all members of the board of county commissioners in which county the territory seeking annexation is located. For annexations that will increase the size of an existing contiguous district, there shall be no size restriction on the property being annexed. Noncontiguous areas shall not be annexed unless the area meets the provisions of section 39-2801A, Idaho Code. Upon receiving this petition or written request, the trustees of the existing abatement district must submit the question of annexation to the legal voters of the district at an election held subject to the provisions of section 34-106, Idaho Code.
History:
[39-2806, added 1959, ch. 81, sec. 6, p. 186; am. 1993, ch. 81, sec. 1, p. 211; am. 1995, ch. 118, sec. 57, p. 473; am. 2007, ch. 188, sec. 6, p. 551.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 28 - ABATEMENT DISTRICTS › Section 39-2807 - CONSOLIDATION OF ABATEMENT DISTRICTS.

39-2807. CONSOLIDATION OF ABATEMENT DISTRICTS. Two (2) or more contiguous districts may be consolidated. Any district board of trustees may seek consolidation by adoption of a resolution by a majority vote of its members. Consolidation is accomplished by a majority vote of the members of each of the boards of trustees involved in the consolidation. The consolidated districts may enter into arrangements for pooling funds and joint use of personnel, equipment, and supplies. The activities conducted under joint arrangement shall be considered as if conducted directly by the board having jurisdiction over the area concerned. The board of county commissioners must be given written notice of consolidation.
History:
[39-2807, added 1959, ch. 81, sec. 7, p. 186; am. 1993, ch. 199, sec. 3, p. 549.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 28 - ABATEMENT DISTRICTS › Section 39-2808 - EXISTING RIGHTS PRESERVED.

39-2808. EXISTING RIGHTS PRESERVED. It is the purpose of this act to provide additional and cumulative remedies to prevent, abate and control the spread of mosquitoes and/or other vermin affecting the public health, safety and welfare of the people of the state of Idaho. Nothing herein contained shall be construed to abridge or alter rights of action or remedies in equity or under the common law or statutory law, criminal or civil, nor shall any provision of this act, or an act done by virtue thereof, be construed as estopping the state or any municipality or person in the exercise of their rights of equity or under the common law or statutory law to suppress or abate nuisances.
History:
[39-2808, added 1959, ch. 81, sec. 9, p. 186.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 28 - ABATEMENT DISTRICTS › Section 39-2809 - SHORT TITLE.

39-2809. SHORT TITLE. This chapter may be cited as the "Idaho Mosquito and Vermin Abatement Act."
History:
[39-2809, added 1959, ch. 81, sec. 10, p. 186; am. 2007, ch. 188, sec. 7, p. 551.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 28 - ABATEMENT DISTRICTS › Section 39-2810 - WITHDRAWAL.

39-2810. WITHDRAWAL. Any portion of an abatement district which will not be reasonably benefited by remaining within such district may be withdrawn as in this section provided. Upon receiving a petition signed by fifty (50) or more landowners within the portion desired to be withdrawn from any abatement district, or by a majority of such landowners, if there are less than one hundred (100) landowners within the portion sought to be withdrawn, requesting the withdrawal of such portion from the district on the ground that such portion will not be reasonably benefited by remaining in said district, the board of county commissioners shall fix a time for hearing on such petition and for hearing protests to the continuance of the remaining territory as an abatement district. The hearing shall not be less than ten (10) days nor more than thirty (30) days after the receipt thereof. The board shall, at least one (1) week prior to the time so fixed, publish notice of such hearing by one (1) publication in a newspaper of general circulation in the district, which the board deems most likely to give notice to the inhabitants thereof, of the proposed withdrawal.
History:
[39-2810, as added by 1965, ch. 177, sec. 1, p. 363; am. 2007, ch. 188, sec. 8, p. 551.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 28 - ABATEMENT DISTRICTS › Section 39-2811 - HEARING OF PETITION FOR WITHDRAWAL.

39-2811. HEARING OF PETITION FOR WITHDRAWAL. Any person interested may appear at the hearing and object to the withdrawal of the portion from the district, or may object to the continuance of the remaining territory as an abatement district. The board of county commissioners shall consider all objections and shall pass upon the same, and if it finds that portion of the district sought to be withdrawn will not be reasonably benefited by remaining within the district, and the territory not sought to be withdrawn will be reasonably benefited by continuing as an abatement district, it shall grant the petition and enter an order thereon upon its records. In the event the board finds the district will not be reasonably benefited by continuing as an abatement district, it shall enter an order upon its records completely dissolving and terminating the previously existing abatement district. Upon the withdrawal of any territory from an abatement district, as in this section provided, all property acquired for the district shall remain vested in the county and be used for the purposes of the district. Upon complete dissolution of an abatement district as herein provided, all property acquired for the district shall remain vested in the county and be used for any general purpose of the county.
History:
[39-2811, as added by 1965, ch. 177, sec. 1, p. 363; am. 2007, ch. 188, sec. 9, p. 551.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 28 - ABATEMENT DISTRICTS › Section 39-2813 - OPERATION OF ABATEMENT DISTRICTS BY COUNTY.

39-2813. OPERATION OF ABATEMENT DISTRICTS BY COUNTY. Any district board of trustees may seek operation of the district by the board of county commissioners by adoption of a resolution by a majority vote of its members and by a majority vote of the board of county commissioners. The board of county commissioners may provide by ordinance that the abatement district board of trustees shall function as an advisory board to the board of county commissioners. If such an ordinance is adopted, the board of county commissioners shall retain and may exercise the powers, duties and responsibilities otherwise charged to the abatement district board of trustees by the provisions of this chapter. Any such ordinance shall set forth the powers, duties, responsibilities, compensation, and terms of office of the abatement advisory board and may provide for any such other rules under which the abatement advisory board shall advise the board of county commissioners and conduct its operations. Any such ordinance may be repealed at any time and, if repealed, the provisions of this chapter shall apply as if no such ordinance had been adopted.
History:
[39-2813, added 2007, ch. 188, sec. 11, p. 553.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 28 - ABATEMENT DISTRICTS › Section 39-2814 - SEVERABILITY.

39-2814. SEVERABILITY. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.
History:
[39-2814, added 2007, ch. 188, sec. 12, p. 553.]