reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 28 - CRIMINAL FORFEITURES › Section 37-2815 - CONSTRUCTION.

37-2815. CONSTRUCTION. The provisions of this section shall be liberally construed to effectuate its remedial purposes.
History:
[37-2815, added 1996, ch. 230, sec. 1, p. 757.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 31 - NARCOTIC DRUGS — TREATMENT OF ADDICTS › Section 37-3101 - DEFINITIONS.

37-3101. DEFINITIONS. For the purposes of this act, unless the context clearly indicates a contrary intent:
1. "Physician" means a person licensed to practice medicine or surgery in this state as provided for under chapter 18, title 54, Idaho Code.
2. "Hospital" means a public or private institution licensed pursuant to the laws of this state as provided for under chapter 13, title 39, Idaho Code.
3. "Drug" means a narcotic or hallucinogenic drug as defined in sections 37-2702, 37-2703, and subsection (c) of section 37-3301, Idaho Code.
History:
[37-3101, added 1971, ch. 340, sec. 1, p. 1325.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 31 - NARCOTIC DRUGS — TREATMENT OF ADDICTS › Section 37-3102 - REQUEST FOR TREATMENT AND REHABILITATION — INFORMATION CONFIDENTIAL.

37-3102. REQUEST FOR TREATMENT AND REHABILITATION — INFORMATION CONFIDENTIAL. A person may request treatment and rehabilitation for addiction or dependency to any drug, as defined in section 37-3101, from a physician qualified to administer such treatment under the provisions of this act; and such physician or any employee or person acting under his direction or supervision shall not report or disclose the name of such person or the fact that treatment was requested or has been undertaken to any law enforcement officer or agency; nor shall such information be admissible as evidence in any court, grand jury, or administrative proceeding unless authorized by the person seeking treatment. A physician may undertake the treatment and rehabilitation of such person or refer such person to another physician or hospital for such purpose. If the person seeking such treatment or rehabilitation is sixteen (16) years of age or older, the fact that such person sought treatment or rehabilitation for such drug addiction or dependency, or that he is receiving such treatment or rehabilitation service, shall not be reported or disclosed to the parents or legal guardian of such person without his consent, and such person who may give legal consent to receive such treatment and rehabilitation under the provisions of this act shall be counseled as to the benefits of involving his parents or legal guardian in his treatment or rehabilitation.
History:
[37-3102, added 1971, ch. 340, sec. 2, p. 1325; am. 1972, ch. 149, sec. 1, p. 323.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 31 - NARCOTIC DRUGS — TREATMENT OF ADDICTS › Section 37-3103 - TREATMENT OR REHABILITATION — PROCEDURES.

37-3103. TREATMENT OR REHABILITATION — PROCEDURES. A person seeking treatment or rehabilitation for drug addiction or dependency shall first be examined and evaluated by a physician. Such a physician shall prescribe a proper course of treatment and medication, if needed. The treating physician may further prescribe a course of treatment or rehabilitation and authorize another physician or hospital to provide the prescribed treatment or rehabilitation services. Treatment or rehabilitation services may be provided to a person individually or in a group. Any hospital participating in such treatment or rehabilitation shall not report or disclose to a law enforcement officer or agency the name of any person receiving or engaging in such treatment or rehabilitation, nor shall any person receiving or participating in such treatment or rehabilitation report or disclose the name of any other person engaged in or receiving such treatment or rehabilitation, or that such a program is in existence, to a law enforcement officer or agency. However, any person engaged in or receiving such treatment or rehabilitation may authorize the disclosure of his name and individual participation.
History:
[37-3103, added 1971, ch. 340, sec. 3, p. 1325.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 31 - NARCOTIC DRUGS — TREATMENT OF ADDICTS › Section 37-3104 - USE OF DRUGS BY PHYSICIAN IN TREATMENT.

37-3104. USE OF DRUGS BY PHYSICIAN IN TREATMENT. A physician may use any drug or medicine which shall be authorized or released by a federal agency or authority with jurisdiction to so act; providing that the physician adheres to the criterion for the use of such drug or medicine as established by the federal agency or authority with jurisdiction to so act. Such drug or medicine may be used to treat any person addicted to or dependent on drugs as the physician or hospital deems appropriate, subject to the provisions of this act.
History:
[37-3104, added 1971, ch. 340, sec. 4, p. 1325.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 31 - NARCOTIC DRUGS — TREATMENT OF ADDICTS › Section 37-3105 - REPORTS — FORM.

37-3105. REPORTS — FORM. Every physician that provides treatment or rehabilitation services to a person addicted to or dependent upon drugs shall each quarter of every year, commencing July 1, 1971, make a statistical report to the director of the department of health and welfare or his designee in such form and manner as the director of the department of health and welfare shall prescribe for each such person treated or to whom rehabilitation services were provided during the preceding quarter. The form of the report prescribed shall be furnished by the director of the department of health and welfare and be so designated that a carbon copy shall be sent quarterly to the director of the Idaho state police and the state board of pharmacy; the report shall include the doctor’s signature. The name or address of any person treated or to whom rehabilitation services were provided shall not be reported.
History:
[37-3105, added 1971, ch. 340, sec. 5, p. 1325; am. 1981, ch. 114, sec. 5, p. 173; am. 2000, ch. 469, sec. 94, p. 1548.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 33 - RETAIL SALES OF PSEUDOEPHEDRINE PRODUCTS › Section 37-3301 - DEFINITIONS.

37-3301. DEFINITIONS. As used in this chapter:
(1) "Pseudoephedrine product" means any compound, mixture or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers.
(2) "Retailer" means any person, other than a wholesaler, who sells or offers for sale or distributes at retail pseudoephedrine products, irrespective of the quantity or amount or the amount of sales of such pseudoephedrine products.
History:
[37-3301, added 2006, ch. 95, sec. 1, p. 269.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 33 - RETAIL SALES OF PSEUDOEPHEDRINE PRODUCTS › Section 37-3302 - SALES OF PSEUDOEPHEDRINE PRODUCTS.

37-3302. SALES OF PSEUDOEPHEDRINE PRODUCTS. A retailer shall ensure that:
(1) Pseudoephedrine products offered for sale are located either in an area where the public is not permitted or inside a locked display case; and
(2) All distributions of pseudoephedrine products are conducted by an employee of the retailer. No pseudoephedrine products shall be dispensed by a self-service system of any kind.
History:
[37-3302, added 2006, ch. 95, sec. 1, p. 269.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 33 - RETAIL SALES OF PSEUDOEPHEDRINE PRODUCTS › Section 37-3303A - ELECTRONIC TRACKING SYSTEM.

37-3303A. ELECTRONIC TRACKING SYSTEM. (1) The board of pharmacy shall implement a real-time electronic sales tracking system to monitor the nonprescription sale of pseudoephedrine products in this state provided that such system is available to the state without charge for accessing the system to the state or retailers. If a real-time electronic sales tracking system is not available to the state without charge for accessing the system to the state or retailers, the board of pharmacy shall not be required to create such a system.
(2) The records submitted to the tracking system shall include the following:
(a) The purchaser’s name and address;
(b) The purchaser’s signature, either on a written form or stored electronically in the tracking system, attesting to the validity of all information provided;
(c) The type of photographic identification presented pursuant to section 37-3303, Idaho Code;
(d) The number and issuing government entity of the photographic identification presented;
(e) The date and time of sale; and
(f) The name and quantity of the product sold.
(3) The records submitted to the tracking system are for the confidential use of the retailer who submitted such records, except that:
(a) The records must be produced in court when lawfully required;
(b) The records must be open for inspection by the board of pharmacy; and
(c) The records must be available to any general or limited authority Idaho peace officer to enforce the provisions of this chapter or to federal law enforcement officers.
(4) The electronic sales tracking system shall be capable of generating a stop sale alert, which shall be a notification that completion of the sale would result in the seller or purchaser violating the quantity limits in section 37-3303, Idaho Code. The system shall contain an override function for use by a dispenser of pseudoephedrine products. Each instance in which the override function is utilized shall be logged by the system.
(5) The board of pharmacy shall have the authority to adopt rules necessary to implement and enforce the provisions of this section and section 37-3303, Idaho Code.
(6) A retailer participating in the electronic sales tracking system:
(a) Is not liable for civil damages resulting from any act or omission in carrying out the requirements of this section or section 37-3303, Idaho Code, other than an act or omission constituting gross negligence or willful or wanton misconduct; and
(b) Is not liable for civil damages resulting from a data breach that was proximately caused by a failure on the part of the electronic sales tracking system to take reasonable care through the use of industry standard levels of encryption to guard against unauthorized access to account information that is in the possession or control of the system.
History:
[37-3303A, added 2012, ch. 303, sec. 2, p. 842.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 33 - RETAIL SALES OF PSEUDOEPHEDRINE PRODUCTS › Section 37-3304 - PENALTIES.

37-3304. PENALTIES. A person who knowingly violates any provision of this chapter shall be guilty of a misdemeanor.
History:
[37-3304, added 2006, ch. 95, sec. 1, p. 269.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 33 - RETAIL SALES OF PSEUDOEPHEDRINE PRODUCTS › Section 37-3305 - PREEMPTION.

37-3305. PREEMPTION. The provisions of this chapter shall be construed to preempt more stringent regulation of retail sales of pseudoephedrine products by any county, city or other political subdivision.
History:
[37-3305, added 2006, ch. 95, sec. 1, p. 270.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 33 - RETAIL SALES OF PSEUDOEPHEDRINE PRODUCTS › Section 37-3306 - APPLICATION.

37-3306. APPLICATION. The provisions of this chapter shall not apply to a pseudoephedrine product dispensed pursuant to a valid prescription unless otherwise provided by law.
History:
[37-3306, added 2006, ch. 95, sec. 1, p. 270.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 34 - SYRINGE AND NEEDLE EXCHANGE ACT › Section 37-3401 - SHORT TITLE.

37-3401. SHORT TITLE. This chapter shall be known and may be cited as the "Syringe and Needle Exchange Act."
History:
[37-3401, added 2019, ch. 181, sec. 1, p. 584.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 34 - SYRINGE AND NEEDLE EXCHANGE ACT › Section 37-3402 - LEGISLATIVE INTENT.

37-3402. LEGISLATIVE INTENT. In adopting this chapter, it is the intent of the legislature to prevent the transmission of disease and to reduce morbidity and mortality among individuals who inject drugs.
History:
[37-3402, added 2019, ch. 181, sec. 1, p. 584.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 34 - SYRINGE AND NEEDLE EXCHANGE ACT › Section 37-3403 - DEFINITIONS.

37-3403. DEFINITIONS. As used in this chapter:
(1) "Department" means the state department of health and welfare.
(2) "Director" means the director of the department.
(3) "Entity" means:
(a) The department;
(b) A government entity; or
(c) A private organization, whether for profit or nonprofit.
History:
[37-3403, added 2019, ch. 181, sec. 1, p. 584.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 34 - SYRINGE AND NEEDLE EXCHANGE ACT › Section 37-3404 - SYRINGE AND NEEDLE EXCHANGE PROGRAM.

37-3404. SYRINGE AND NEEDLE EXCHANGE PROGRAM. (1) Notwithstanding any provision of law to the contrary:
(a) An entity may operate a syringe and needle exchange program in this state if such entity complies with the provisions of this section and with rules promulgated by the department;
(b) An entity may procure supplies needed to operate a syringe and needle exchange program in this state if such entity complies with the provisions of this section and with rules promulgated by the department; and
(c) An entity may supply a syringe and needle exchange program with materials necessary to operate the program if such entity complies with rules promulgated by the department.
(2) An entity operating a syringe and needle exchange program must:
(a) Facilitate the exchange of used syringes or needles for new syringes or needles in sealed sterile packaging; and
(b) Ensure that the recipient of a new syringe or needle is given verbal and written instruction on:
(i) Methods for preventing the transmission of blood-borne diseases, including hepatitis C and human immunodeficiency virus; and
(ii) Options for obtaining:
1. Services for the treatment of a substance use disorder;
2. Testing for a blood-borne disease; and
3. An opioid antagonist pursuant to section 54-1733B, Idaho Code.
(3) An entity operating a syringe and needle exchange program must report annually to the department on the following information about the program:
(a) The number of individuals who have exchanged syringes or needles;
(b) The number of used syringes or needles exchanged for new syringes or needles; and
(c) The number of new syringes or needles provided in exchange for used syringes or needles.
History:
[37-3404, added 2019, ch. 181, sec. 1, p. 584.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 34 - SYRINGE AND NEEDLE EXCHANGE ACT › Section 37-3405 - REPORT.

37-3405. REPORT. No later than July 1, 2020, and every two (2) years thereafter, the department shall report to the senate and house of representatives health and welfare committees on:
(1) The activities and outcomes of syringe and needle exchange programs operating in the state, including:
(a) The number of individuals who have exchanged syringes or needles;
(b) The number of used syringes or needles exchanged for new syringes or needles;
(c) The number of new syringes or needles provided in exchange for used syringes or needles;
(d) The estimated impact, if any, that the programs have had on blood-borne infection rates; and
(e) The estimated impact, if any, of the programs on the number of individuals receiving treatment for a substance use disorder;
(2) The potential for additional reductions in the number of syringes and needles contaminated with blood-borne disease if the programs receive additional funding;
(3) The potential for additional reductions in state and local government spending if the programs receive additional funding;
(4) Whether the programs promote illicit use of drugs; and
(5) Whether the programs, in the opinion of the director, should be continued, continued with modifications, or terminated.
History:
[37-3405, added 2019, ch. 181, sec. 1, p. 585.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 34 - SYRINGE AND NEEDLE EXCHANGE ACT › Section 37-3406 - RULES.

37-3406. RULES. The department may promulgate such rules as are necessary to enforce the provisions of this chapter.
History:
[37-3406, added 2019, ch. 181, sec. 1, p. 585.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-101 - DEFINITIONS.

38-101. DEFINITIONS. As used in this chapter, the following terms are defined as follows:
(a) "Forest land" means any land which has upon it sufficient brush or flammable forest growth of any kind or size, living or dead, standing or down, including debris or growth following a fire or removal of forest products, to constitute a fire menace to life (including animal) or property.
(b) "Range land" means any land which is not cultivated and which has upon it native grasses or other forage plants making it best suited for grazing of domestic and wild animals and which land is adjacent to or intermingled with forest land.
(c) "Person" shall mean and include any person or persons, and any corporation, firm or other entity.
(d) "Everyone" or "anyone" shall mean any and all person or persons, corporations, firms, or other entities.
(e) "State" shall mean the state of Idaho.
(f) "Board" shall mean the state board of land commissioners.
(g) "State forester" as used in this chapter and wherever else it is used in the Idaho Code, shall mean the director of the department of lands or his duly authorized delegates or employees, including fire wardens and deputy fire wardens.
(h) "Fire warden" or "forest warden" shall mean duly appointed fire wardens or their deputies.
(i) "Forest products" shall mean any ties, logs, poles, posts, cordwood, pulpwood or other timber products.
(j) "Slashing areas" shall mean areas upon which, after cutting of the trees or brush preparatory to clearing, or after the cutting of any forest products, sufficient flammable material remains upon the ground as a result of such operations to constitute a menace to life or property.
(k) "Slash" or "slashing" shall mean brush, severed limbs, poles, tops and/or other waste material incident to such cutting or to the clearing of land, which are four (4) inches and under in diameter.
(l) "Forest fire" as used in this chapter means any fire burning uncontrolled on any land covered wholly or in part by timber and/or other potential forest products, slash, brush, or other flammable vegetation.
(m) "Range fire" means any fire burning uncontrolled on any range land.
(n) Whenever the term "state cooperative board of forestry" is used in any other section of the Idaho Code, it shall be construed to mean the state board of land commissioners.
(o) "Administrator" means the head of a division organized within the department of lands.
(p) "Community forestry" or "urban forestry" means the management of the trees and associated vegetation in rural and urban communities.
(q) "Improved lot or parcel" means forest land upon which a residential structure exists as determined by the department. In making such determination, the department may consult with the county assessor.
History:
[38-101, added 1972, ch. 401, sec. 2, p. 1164; am. 1974, ch. 17, sec. 3, p. 308; am. 1992, ch. 258, sec. 1, p. 749; am. 1993, ch. 93, sec. 1, p. 222.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-102 - DUTIES OF DIRECTOR OF DEPARTMENT OF LANDS.

38-102. DUTIES OF DIRECTOR OF DEPARTMENT OF LANDS. It shall be the duty of the director of the department of lands to execute the provisions of this chapter, and the rules and regulations of the state board of land commissioners pertaining to forest and watershed protection; to represent the state in cooperation with forest owners and others in forest protection work; to further the enforcement of laws for the protection and preservation of forests; to collect and disseminate information upon forest resources and forest conditions; to promote community forest management on public and private lands; to report to the state board of land commissioners concerning the improvement and management of the state’s forest holdings; to advise farmers and others concerning the development and management of woodlots and forest tracts; and to make such investigation and take such steps as shall lead to the adoption and execution of a comprehensive state forest policy in the interest of the entire state. The director shall furnish such information, make such recommendations, and perform such duties as may be required of him by the state board of land commissioners. The director may delegate all or any portion of his duties or responsibilities provided under this chapter to one (1) or more division heads or employees of the department of lands.
History:
[38-102, added 1972, ch. 401, sec. 2, p. 1164; am. 1974, ch. 17, sec. 4, p. 308; am. 1992, ch. 258, sec. 2, p. 750.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-103 - ASSISTANTS.

38-103. ASSISTANTS. The director of the department of lands is authorized to employ such clerical, administrative and professional staff and such other help and assistants and acquire such facilities and incur such expenses as the state board of land commissioners may determine to be proper and necessary, all of which shall be paid out of the appropriations from the general fund or special funds provided for this purpose in the budget for the department of lands.
History:
[38-103, added 1972, ch. 401, sec. 2, p. 1164; am. 1974, ch. 17, sec. 5, p. 308.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-104A - NONPROFIT TIMBER PROTECTIVE ASSOCIATIONS — RESTRICTIONS ON LIABILITY.

38-104A. NONPROFIT TIMBER PROTECTIVE ASSOCIATIONS — RESTRICTIONS ON LIABILITY. (1) "Nonprofit timber protective association" means a nonprofit corporation, or nonprofit unincorporated association, that has entered into a contract for the detection, prevention or suppression of forest and range fires with the state of Idaho or any agency of the state of Idaho pursuant to title 38, Idaho Code.
(2) A nonprofit timber protective association and its employees, while acting within the scope of their employment, and while performing a contract with the state of Idaho or any agency of the state of Idaho, without malice or criminal intent, shall not be liable for any claim for bodily or personal injury, death, property damage or other loss that arises out of an act or omission of an employee based upon the exercise or performance, or the failure to exercise or perform, a discretionary function or duty on the part of the nonprofit timber protective association or its employee, whether or not the discretion is abused.
(3) A nonprofit timber protective association and its employees, while acting within the scope of their employment, and while performing a contract with the state of Idaho or any agency of the state of Idaho, shall not be liable for punitive damages on any claim for bodily or personal injury, death, property damage or other loss.
(4) The combined aggregate liability of a nonprofit timber protective association and its employees for damages, costs and attorney’s fees for bodily or personal injury, death, property damage, or other loss as a result of any one (1) accident, arising out of the performance of a contract with the state of Idaho or any agency of the state of Idaho, regardless of the number of persons injured, the number of claimants, or the number of properties damaged, shall not exceed the sum of five hundred thousand dollars ($500,000), unless the nonprofit timber protective association has valid and collectible liability insurance coverage in excess of five hundred thousand dollars ($500,000), in which event the combined aggregate liability shall be the remaining available proceeds of such insurance.
History:
[38-104A, added 2006, ch. 153, sec. 1, p. 468.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-104B - NONPROFIT RANGELAND FIRE PROTECTION ASSOCIATIONS.

38-104B. NONPROFIT RANGELAND FIRE PROTECTION ASSOCIATIONS. (1) "Nonprofit rangeland fire protection association" means a nonprofit corporation or nonprofit unincorporated association, that has entered into an agreement for the detection, prevention or suppression of forest and range fires with the state of Idaho or any agency of the state of Idaho pursuant to title 38, Idaho Code.
(2) A group of rangeland owners wishing to establish a rangeland fire protection association shall petition the director of the department of lands. The director may accept petitions where:
(a) Petitioners meet the requirements established by the director concerning the legal status of the association, liability insurance and governing and managing structure; and
(b) Petitioners demonstrate financial ability to form a rangeland fire protection association; or
(c) Adequate state funding exists, as determined by the director, to assist in the initial establishment of the association.
(3) Prior to entering into an agreement, and annually thereafter, the director shall review and inspect the association for the following:
(a) The governing and managing structure of the association;
(b) The adequacy of liability insurance; and
(c) The training of all association personnel.
History:
[38-104B, added 2013, ch. 59, sec. 1, p. 135.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-105 - STATE FOREST AND RANGE LANDS — APPLICATION OF CHAPTERS.

38-105. STATE FOREST AND RANGE LANDS — APPLICATION OF CHAPTERS. The provisions of this chapter shall be applicable to the forest and range lands belonging to the state with the same force and effect as they apply to privately owned forest and range lands within the state; except that for the protection of state-owned range lands, the state board of land commissioners may enter into agreements or otherwise provide for a reasonable arrangement assuring the timely suppression of fires on or threatening state-owned range lands whether or not said lands are adjacent to or intermingled with forest lands.
History:
[38-105, added 1972, ch. 401, sec. 2, p. 1164; am. 1988, ch. 208, sec. 1, p. 390.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-106 - HEARING OF AGGRIEVED LANDOWNER.

38-106. HEARING OF AGGRIEVED LANDOWNER. Any owner or owners or the accredited representative of any owner or owners of forest lands subject to the provisions of this chapter, shall upon request, be granted a hearing before the board, or an appropriate executive committee thereof, on any subject pertaining to the activities of the director of the department of lands or of said board affecting his or their property: provided, that no request for a hearing before the board shall have the effect of suspending the operations of the director of the department of lands or any fire warden undertaken pursuant to the provisions of this chapter, but, upon such hearing, the board may terminate such operations if found unreasonable.
History:
[38-106, added 1972, ch. 401, sec. 2, p. 1164.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-108 - PROTECTION BY WOODWORKING AND WOOD PRODUCT PLANTS.

38-108. PROTECTION BY WOODWORKING AND WOOD PRODUCT PLANTS. Any saw mill, planing mill, shingle mill or other woodworking plant, or plant manufacturing wood products, operating in or near forest land, and burning refuse wood material outside of and/or adjacent to such mill or plant, shall enclose the area where such refuse is burned with a fireproof wall at least twelve feet (12′) in height and in diameter at least two feet (2′) greater than the longest refuse or wood material so burned by such mill or plant to prevent the escape or spread of fire therefrom; provided, however, that such mills or plants having adequately constructed and properly maintained burners, or those whose burners of any description are not so located that fire does or can escape or spread therefrom and endanger the lives and/or property of others, shall be exempt from the provisions of this section; and provided, further, that the requirements of this section shall constitute the minimum requirements for public safety, and that nothing herein contained shall be construed to prevent the operators of such mill or plant from being required to increase such protection to make the same adequate to the requirements of public safety; and provided, further, that the preceding proviso shall not be construed to require the use of a hooded burner or permanent structure.
History:
[38-108, added 1972, ch. 401, sec. 2, p. 1164.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-109 - PENALTY FOR VIOLATION — INJUNCTION — SUSPENSION OF RESTRICTIONS.

38-109. PENALTY FOR VIOLATION — INJUNCTION — SUSPENSION OF RESTRICTIONS. Refusal or neglect to comply with the provisions of section 38-108, Idaho Code, shall be deemed a petty misdemeanor, and any person refusing or neglecting to comply therewith may be enjoined from further use of such mill or plant until proper equipment is installed; provided, that the director of the department of lands may suspend the restrictions of section 38-108, Idaho Code, when and where he deems public safety so permits.
History:
[38-109, added 1972, ch. 401, sec. 2, p. 1164.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-110 - FOREST PROTECTIVE DISTRICTS — FIRE WARDENS.

38-110. FOREST PROTECTIVE DISTRICTS — FIRE WARDENS. The director of the department of lands of the state of Idaho shall divide the state into districts to be known and designated as forest protective districts, having due regard in establishing the boundaries thereof, to the adequate, effective and economical protection of forest and range lands therein; he shall appoint one (1) fire warden for each of the districts of the state on the recommendation of the protection agency representing the forest land owners in each such district, who shall at all times be responsible to and under the direction and control of the director of the department of lands and shall perform such duties at such times and places as he shall direct. Fire wardens shall hold office until their appointment is revoked and the director of the department of lands may revoke the same at any time. The fire warden so appointed may, subject to approval by the director of the department of lands, appoint deputy fire wardens within their respective districts and such appointments may be revoked at any time by the fire warden or director of the department of lands. All the officers provided for in this act shall have and exercise police powers while engaged in performing the duties of their respective offices.
History:
[38-110, added 1972, ch. 401, sec. 2, p. 1164.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-112 - CHARGES A LIEN — METHOD OF COLLECTION.

38-112. CHARGES A LIEN — METHOD OF COLLECTION. Any amounts due under the preceding section and approved by the board for that purpose shall be a lien on the property protected, and shall be collected as follows:
On or before the first Monday in July of each year, the association secretary shall determine the names of all owners of forest lands within the boundaries of the particular forest protective association who have failed to provide the forest fire protection for their lands required by this act, together with the description of such lands and the acreage thereof and calculate the total amount due hereunder from each such owner for such forest fire protection which shall not exceed the maximum hereinbefore specified. The association secretary shall deliver such information to the director of the department of lands not less than ten (10) days before the first Monday in August of each year.
By the first Monday in August of each year, the director of the department of lands shall have prepared a list of all amounts charged under this section against property protected, and upon request received from any owner thereof, shall render the latter a statement of the sum so due from such owner; upon further request made to said director of the department of lands within ten (10) days following said first Monday in August, any such owner shall be granted a hearing before the board on or before the last Monday in August. Said board shall then either approve or revise all sums to be collected, and the director of the department of lands shall certify each and every current amount to the auditor of the county or counties in which such property is situated not later than the first Monday in September following. Upon receiving such certificate from the director of the department of lands showing the amounts due, the auditor shall extend the amounts so certified upon the county tax rolls covering such property, and such sums shall be collected in the same manner and at the same time and with like penalties as general state and county taxes upon the same property are collected. When collected, such sums shall immediately be paid into the forest protection fund to be applied by the director of the department of lands to expenses incurred, accrued and/or contracted for in carrying out the provisions of this section.
History:
[38-112, added 1972, ch. 401, sec. 2, p. 1164.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-113 - PURCHASER OF FOREST PRODUCTS RESPONSIBLE FOR PROTECTION — LIENS.

38-113. PURCHASER OF FOREST PRODUCTS RESPONSIBLE FOR PROTECTION — LIENS. When the owner of forest land shall have sold timber and/or other forest products or potential forest products thereon to another, retaining the land, the owner of the timber and/or other forest products or potential forest products shall be responsible for providing the protection required by section 38-111, Idaho Code, for that portion of the land covered by his uncut timber and/or other forest products or potential forest products and for the area he has cut over during the year up to the end of the closed season, and for any areas he has cut over without complying with the forest fire and slash disposal laws of the state, and if he fails, neglects or refuses to provide the protection required by section 38-111, Idaho Code, the director of the department of lands shall provide such patrol and protection at the cost per acre to said owner at the rates therein established. Any amounts due and unpaid for this purpose shall be a lien upon the remaining standing timber and/or other forest products or potential forest products and upon the timber and/or other forest products theretofore cut and/or removed or remaining on the ground and may be collected through extension upon the tax rolls covering such property as in section 38-112, Idaho Code, provided for collection of similar liens upon forest land; provided, that if the director of the department of lands shall deem such property to be inadequate security, the lien, unless promptly paid on demand of the director of the department of lands, may be by him perfected and enforced as loggers’ liens are perfected and enforced, or such amounts, together with any expenses rendered necessary, may be recoverable from the offender by a civil action for debt prosecuted in the name of the state of Idaho. Any recovery shall be paid to the state treasurer for deposit in the forest protection fund.
History:
[38-113, added 1972, ch. 401, sec. 2, p. 1164.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-114 - STATE TO PAY PRO RATA FOR FIRE PROTECTION — DEFICIENCY WARRANTS.

38-114. STATE TO PAY PRO RATA FOR FIRE PROTECTION — DEFICIENCY WARRANTS. The state shall bear and pay into the forest protection fund its pro rata share of the assessments provided for in section 38-111, Idaho Code, for fire protection to state lands and expenses incurred, accruing or contracted for within each forest protective district in enforcing and carrying out the provisions of this chapter and protecting the forest lands belonging to the state against damage, devastation or destruction by fire, in the proportion which such lands belonging to the state within each forest protective district of the state bear to the total area of forest land within such protective district, and the state shall be considered an owner of forest land within the meaning of that term as used in this chapter, and for the purposes thereof. The state board of land commissioners may authorize the issuance of deficiency warrants for the purpose of defraying such assessments, and when so authorized the state controller shall draw such deficiency warrants against the general fund. Such moneys as the state shall thus become liable for shall be paid as a part of the expenses of the state board of land commissioners out of appropriations which shall be made by the legislature for that purpose. In all appropriations hereafter made for expenses of said state board of land commissioners, account shall be taken of and provision made for this item of expense.
History:
[38-114, added 1972, ch. 401, sec. 2, p. 1164; am. 1994, ch. 180, sec. 64, p. 470.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-116 - CAMPFIRES — ACTS PROHIBITED — PENALTY.

38-116. CAMPFIRES — ACTS PROHIBITED — PENALTY. (1) No person shall during the closed season:
a. Set or cause to be set a campfire upon forest or range lands without clearing the ground immediately around such fire free from material which will carry fire.
b. Set or cause to be set a campfire against a stump, log, living or dead trees, or snag or dangerously near to any material which will carry fire.
c. Set or cause to be set a campfire when the wind is blowing to such an extent as to cause danger of the campfire spreading.
d. Set or cause to be set a campfire at a camping place incompatible with public safety and not in compliance with all the provisions of this chapter.
e. Leave a campfire burning or unattended.
f. Permit a campfire to spread.
(2) Violation of any of the provisions of this section shall be deemed a petty misdemeanor.
History:
[38-116, added 1972, ch. 401, sec. 2, p. 1164.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-117 - THROWING AWAY LIGHTED MATERIAL — PENALTY.

38-117. THROWING AWAY LIGHTED MATERIAL — PENALTY. It shall be unlawful during the closed season for any person to throw away any lighted tobacco, cigar, cigarette, match, firecracker, fireworks or other lighted material of any kind on any forest or range land of this state. Any person violating any of the provisions of this section shall be deemed guilty of a petty misdemeanor.
History:
[38-117, added 1972, ch. 401, sec. 2, p. 1164.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-118 - DUTY OF RAILROADS — PENALTIES.

38-118. DUTY OF RAILROADS — PENALTIES. During the closed season everyone operating a common carrier railroad shall keep all right of way, station grounds and other operating property in, contiguous or adjacent to forest or range lands clear and free from all combustible and flammable material, matter or substances, except freight, express and mail supplies, structures, equipment and material necessary, usual or convenient for the construction, maintenance and/or operation of such railroad.
During the said closed season, no person operating or maintaining such a railroad shall permit any of his or its employees to leave a deposit of fire, live coals or hot ashes in the immediate vicinity of forest or range lands or of other lands liable to be overrun by fire.
All clearing by burning under the provisions of the section shall be in accordance with the provisions of this act applicable to the season during which said burning is done.
Refusal or neglect to comply with the provisions of this section shall be deemed a petty misdemeanor for each offense; provided, that the director of the department of lands, with the consent of the board, may suspend the restrictions of this section when and where he deems safety so permits. It is further provided, that in the absence of such suspension, and in case of refusal or neglect by the person at fault, after proper notice, to take the precautions against fire required by public safety and the provisions of this act, the director of the department of lands, or district fire warden, acting with his consent, may have the work done to the extent that he deems requisite to public safety, and the costs thereof and the expense of any fire patrol rendered necessary by the offender’s neglect, plus a penalty of ten per cent (10%) shall be recoverable from the offender by civil action, prosecuted in the name of the state of Idaho. Any recovery shall be paid to the state treasurer for deposit in the forest protection fund.
History:
[38-118, added 1972, ch. 401, sec. 2, p. 1164.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-119 - NOTIFICATION OF FIRES BY RAILROAD EMPLOYEES — PENALTY.

38-119. NOTIFICATION OF FIRES BY RAILROAD EMPLOYEES — PENALTY. (1) During the closed season any employee of a railroad who, in the course of his employment, shall see a fire on or near the right of way, station grounds or other operating property of such railroad in, contiguous or adjacent to forest or range lands, shall immediately report such information to a fire warden. If such fire is on or spread from the railroad right of way, station grounds or other operating property of such railroad such employee or any other person in authority shall take all reasonable and prudent measures to control and extinguish such fire.
(2) A violation of any of the provisions of this or the next succeeding section shall be deemed a petty misdemeanor.
History:
[38-119, added 1972, ch. 401, sec. 2, p. 1164.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-120 - INSTRUCTION TO EMPLOYEES OF RAILROADS.

38-120. INSTRUCTION TO EMPLOYEES OF RAILROADS. It shall be the duty of every person operating a railroad through any forest protective district to keep employees fully instructed as to their duties relating to the reporting, control and prevention of forest or range fires as provided in this chapter.
History:
[38-120, added 1972, ch. 401, sec. 2, p. 1164.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-121 - OPERATION OF ENGINES WITHOUT ADEQUATE PROTECTION — PENALTY — INJUNCTION.

38-121. OPERATION OF ENGINES WITHOUT ADEQUATE PROTECTION — PENALTY — INJUNCTION. During the closed season it shall be unlawful for any person to use or operate on or near to forest or range land any steam or internal combustion engine which is not equipped and maintained in conformity with rules and regulations promulgated by the state board of land commissioners. Any person who shall fail to comply with such rules and regulations shall be guilty of a petty misdemeanor. Such person may also be enjoined from further use of such engine until it is equipped and maintained in conformity with such rules and regulations.
History:
[38-121, added 1972, ch. 401, sec. 2, p. 1164.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-124 - PRECAUTIONS IN DISPOSAL OF SLASH — SEPARATE OFFENSES — PENALTY.

38-124. PRECAUTIONS IN DISPOSAL OF SLASH — SEPARATE OFFENSES — PENALTY. Everyone making disposal of slash on forest land as provided for in this chapter shall use care to prevent fire from spreading to other forest land or the creation of further fire hazard by damage to timber growth left standing, and shall have sufficient men, tools, supplies and firefighting equipment on hand for that purpose, and when the burning has been completed, or when ordered by the fire warden, shall cause the fire to be totally extinguished without delay. Disposal of slash under the terms of this chapter shall be in accordance with the law requiring burning permits during the closed season.
Violation of any of the provisions of this chapter on any legal subdivision, shall constitute a separate and distinct offense and shall be deemed a misdemeanor.
History:
[38-124, added 1972, ch. 401, sec. 2, p. 1164.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-125 - CLEARING RIGHTS OF WAY — PRECAUTION IN CLEARING — APPLICATION TO PUBLIC WORK — PENALTY — INJUNCTION.

38-125. CLEARING RIGHTS OF WAY — PRECAUTION IN CLEARING — APPLICATION TO PUBLIC WORK — PENALTY — INJUNCTION. Everyone clearing right of way for any railroad, public or private highway or road, public trail, public utility, logging road, trail, ditch, dike, pipe line or wire line, or any other transmission or transportation utility right of way, shall safely dispose of all refuse timber, brush, slash or debris cut for such clearing or resulting from the cutting of material for the construction of such right of way. Said piling and burning shall be done as rapidly as cutting and clearing progresses; provided, that upon application to the director of the department of lands, he may grant a permit extending the time within which such burning must be done; provided, further, that if such work be done during the closed season it must be done in compliance with all the provisions of this chapter relating to burning permits during the closed season.
The provisions of this section shall apply to all clearing of rights of way on behalf of the state, county, highway districts and road districts, whether the work be done by day labor, or by contract, and unless unavoidable emergency prevents, provisions shall be made by the proper officials conducting, directing, or letting said work, for withholding until it is complete, a sufficient portion of the payment therefor to insure compliance with this chapter.
Violation of any provisions of this section shall be deemed a misdemeanor.
In addition to the penalty herein provided, the offender may be enjoined at the instance of the director of the department of lands, or of the fire warden of the district, from proceeding with such work until the provisions of this section shall have been complied with; and, upon application of the director of the department of lands, or of the fire warden of the district, to any court of competent jurisdiction, a writ of mandate shall issue compelling the offender to fully comply with the provisions hereof.
History:
[38-125, added 1972, ch. 401, sec. 2, p. 1164.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-126 - INTERFERENCE WITH PROTECTIVE AGENCIES — PENALTY.

38-126. INTERFERENCE WITH PROTECTIVE AGENCIES — PENALTY. Any person who shall wilfully or maliciously do any act or thing tending to interfere with the efficient use and operation by any forest protective agency provided for by this chapter or operating under agreements with the director of the department of lands, of its tools, supplies and equipment, or with the performance of its duties, shall be guilty of a misdemeanor.
History:
[38-126, added 1972, ch. 401, sec. 2, p. 1164.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 1 - IDAHO FORESTRY ACT › Section 38-127 - DESTRUCTION OF SIGNS AND WARNINGS — PENALTIES.

38-127. DESTRUCTION OF SIGNS AND WARNINGS — PENALTIES. Any person who shall wilfully or maliciously destroy, deface, disfigure, or needlessly remove any sign, poster, warning or notice posted under the provisions of this chapter or by any forest protective agency cooperating with the state under this chapter, shall be guilty of a petty misdemeanor.
History:
[38-127, added 1972, ch. 401, sec. 2, p. 1164.]