reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 77 - VOLUNTEER HEALTH CARE PROVIDER IMMUNITY › Section 39-7704 - REGISTRATION OF FREE MEDICAL CLINICS — REQUIREMENTS.

39-7704. REGISTRATION OF FREE MEDICAL CLINICS — REQUIREMENTS. (1) Before providing volunteer health care services in this state, a free medical clinic shall register with the department of health and welfare by submitting a registration fee of fifty dollars ($50.00) and filing a registration form that shall contain:
(a) The name of the free clinic and sponsoring organization, if any;
(b) The name of the principal individual or individuals who are the officers or organizational officials responsible for the operation of the free clinic or sponsoring organization, if any;
(c) The address, including street, city, zip code and county, of the free clinic;
(d) Telephone number;
(e) Such additional information as the department may require.
(2) Each free clinic shall maintain a list of health care providers associated with its provision of voluntary health care services. For each such health care provider, the free clinic shall maintain a copy of a current license, certificate or registration and shall further require each health care provider to attest in writing that such provider’s license, certificate or registration is not suspended or revoked pursuant to disciplinary proceedings in any jurisdiction.
(3) The free clinic shall maintain such records for a period of at least five (5) years following the provision of health care services and shall furnish such records upon request to the department.
(4) Compliance with subsections (1) and (2) of this section shall be prima facie evidence that the free clinic has exercised due care in its selection of health care providers and shall be immune from suit for negligent acts or omissions as provided in subsection (1) of section 39-7703, Idaho Code.
(5) The department may revoke the registration of any free clinic who fails to comply with the requirements of subsections (1) through (4) of this section. Any such revocation shall be conducted in accordance with the administrative procedure act.
(6) The provisions of this section shall not apply to community health screening events.
History:
[39-7704, added 1998, ch. 295, sec. 1, p. 977; am. 2018, ch. 38, sec. 3, p. 98.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 77 - VOLUNTEER HEALTH CARE PROVIDER IMMUNITY › Section 39-7705 - COSTS AND FEES.

39-7705. COSTS AND FEES. Notwithstanding any other provision of law to the contrary, if a party names as a defendant a health care provider who has immunity pursuant to section 39-7703, Idaho Code, in a suit alleging willful or intentional misconduct or gross negligence arising out of treatment at a free clinic which qualifies for immunity pursuant to section 39-7703, Idaho Code, and the trial judge dismisses the complaint or grants a defendant’s motion for judgment on the pleadings, or directs a verdict for a defendant, or grants a defendant’s motion for judgment notwithstanding the verdict, or at any point in the proceedings grants a plaintiff’s motion to discontinue the action against the defendant, the defendant shall be entitled to full costs and reasonable attorney’s fees expended in connection with the defendant’s defense of the action. If good reason is shown, the trial judge may suspend the operation of this section.
History:
[39-7705, added 1998, ch. 295, sec. 1, p. 978.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 78 - TOBACCO MASTER SETTLEMENT AGREEMENT › Section 39-7801 - FINDINGS AND PURPOSE.

39-7801. FINDINGS AND PURPOSE. (a) Cigarette smoking presents serious public health concerns to the state of Idaho ("state") and to the citizens of the state. The surgeon general has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.
(b) Cigarette smoking also presents serious financial concerns for the state. Under certain health-care programs, the state may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance.
(c) Under these programs, the state pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking.
(d) It is the policy of the state that financial burdens imposed on the state by cigarette smoking be borne by tobacco product manufacturers rather than by the state to the extent that such manufacturers either determine to enter into a settlement with the state or are found culpable by the courts.
(e) On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the "Master Settlement Agreement," with the state. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present and certain future claims against them as described therein, to pay substantial sums to the state (tied in part to their volume of sales); to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.
(f) It would be contrary to the policy of the state if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short-term profits in the years before liability may arise without ensuring that the state will have an eventual source of recovery from them if they are proven to have acted culpably. It is thus in the interest of the state to require that such manufacturers establish a reserve fund to guarantee a source of compensation and to prevent such manufacturers from deriving large, short-term profits and then becoming judgment-proof before liability may arise.
History:
[39-7801, added 1999, ch. 7, sec. 1, p. 8.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 79 - LOCAL OPTION SWINE FACILITIES SITING ACT › Section 39-7901 - SHORT TITLE.

39-7901. SHORT TITLE. This act shall be known as the "Local Option Swine Facilities Siting Act."
History:
[39-7901, added 2000, ch. 268, sec. 1, p. 755.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 79 - LOCAL OPTION SWINE FACILITIES SITING ACT › Section 39-7902 - LEGISLATIVE FINDINGS AND PURPOSES.

39-7902. LEGISLATIVE FINDINGS AND PURPOSES. (1) The legislature finds that:
(a) The swine industry is experiencing rapid changes such as increased sophistication of production technology, increased demand for capital to maintain or expand operations, consolidation of production and packing facilities and changing consumer demands and markets;
(b) Large swine facilities increase social and environmental impacts in the areas where these facilities are located;
(c) Adverse public health and environmental impacts can result from the improper siting of large swine facilities, therefore the need for establishing safe sites with an adequate supply of natural resources, such as water, and an adequate capacity for the disposal of animal waste is a matter of statewide concern;
(d) Section 39-104A, Idaho Code, vests the department of environmental quality with the responsibility to make rules regulating swine operations; and section 39-105, Idaho Code, vests the department of environmental quality with the responsibility for the general supervision of the promotion and protection of the life, health and environment of the people of the state, including regulation of air quality, water quality and disposal of solid waste.
(2) (a) To facilitate swine facility siting decisions by boards of county commissioners and governing bodies of cities, this chapter establishes a review process within the department of environmental quality for construction or expansion of large swine facilities of a certain size, and to require approval of sites.
(b) The procedures and requirements established in this chapter are necessary to facilitate the proper siting of large swine facilities, to effect timely and responsible completion of statutory duties and to ensure protection of human health, natural resources, private property values and the environment of the state.
(c) The site approval required in this chapter is required in addition to any other license, permit or approval required by law or rule.
(3) It is the intent of the legislature that this chapter will be applied only to swine facilities with a capacity of twenty thousand (20,000) animal units or more and that this chapter will not be applied to any other confined animal feeding operations.
History:
[39-7902, added 2000, ch. 268, sec. 1, p. 756; am. 2001, ch. 103, sec. 72, p. 313.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 79 - LOCAL OPTION SWINE FACILITIES SITING ACT › Section 39-7904 - SITE APPROVAL REQUIRED — SITE APPROVAL IS SUPPLEMENTAL — LOCAL OPTION — LOCAL ACTION REQUIRED FOR DEPARTMENT ACTION.

39-7904. SITE APPROVAL REQUIRED — SITE APPROVAL IS SUPPLEMENTAL — LOCAL OPTION — LOCAL ACTION REQUIRED FOR DEPARTMENT ACTION. (1) No person may construct or expand a large swine facility regulated by this chapter without first obtaining site approval from the director as provided in this chapter.
(2) The site approval required by this chapter for construction or expansion of a large swine facility is required in addition to requirements of any rules of the department. Further, the site approval required by this chapter must be obtained in addition to any other license, permit or approval required by law or rule.
(3) This chapter does not preempt the local regulation of swine facilities. This chapter provides boards of county commissioners and governing bodies of cities with an optional procedure for siting swine facilities. If boards of county commissioners and governing bodies of cities do not exercise their option to comply with this chapter, they are not subject to its provisions and may exercise individual authority to accept, regulate or reject swine facilities independently of this chapter.
(4) This chapter applies only if the board of county commissioners or governing body of a city, whichever has jurisdiction over the site for a proposed swine facility, chooses to comply with this chapter. If a board of county commissioners or a governing body of a city with jurisdiction chooses not to comply with this chapter, the department is not required to take any action under this chapter.
(5) Boards of county commissioners and governing bodies of cities that choose to comply with this chapter shall signify compliance by resolution or ordinance communicated to the director in writing.
(6) If a board of county commissioners or a governing body of a city chooses to comply with this chapter, the department does not have to issue a determination or notice of environmental suitability of facility location pursuant to its rules for swine facilities, IDAPA 58.01.09.
History:
[39-7904, added 2000, ch. 268, sec. 1, p. 758; am. 2021, ch. 321, sec. 24, p. 966.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 79 - LOCAL OPTION SWINE FACILITIES SITING ACT › Section 39-7905 - APPLICATION — FACILITIES REGULATED.

39-7905. APPLICATION — FACILITIES REGULATED. (1) The following swine facilities must obtain site approval under this chapter:
(a) New swine facilities having a one-time animal unit capacity of twenty thousand (20,000) or more animal units; and
(b) Existing swine facilities that expand their one-time animal unit capacity to twenty thousand (20,000) animal units or more.
(2) Two (2) or more swine facilities under common owners, operators or those with whom the owners or operators contract or are located within the same county or within five (5) miles of each other shall be considered, for purposes of licensing, to be a single facility regulated under this chapter, even though separately their capacity is less than twenty thousand (20,000) animal units. In each case, the director shall determine whether one (1) or multiple site approvals are required.
(3) (a) Existing swine facilities with a one-time animal unit capacity of twenty thousand (20,000) animal units built and in operation one (1) year or more before the original effective date of this chapter are exempt from the requirement to obtain a site approval pursuant to this chapter unless they expand as provided in this section. However, such facilities shall register with the director within three (3) months after the original effective date of this chapter. The director shall determine the information that must be submitted as part of their registration.
(b) Existing swine facilities required in this subsection to register with the director shall submit a nutrient management plan and closure plan to the director for approval within two (2) years of the original effective date of this chapter in accordance with rules of the department. An application fee shall not be required unless the facility is expanding.
History:
[39-7905, added 2000, ch. 268, sec. 1, p. 759.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 79 - LOCAL OPTION SWINE FACILITIES SITING ACT › Section 39-7906 - DIRECTOR MAY MAKE RULES AND CONTRACT WITH OTHER AGENCIES.

39-7906. DIRECTOR MAY MAKE RULES AND CONTRACT WITH OTHER AGENCIES. (1) The director may adopt administrative rules he deems necessary or helpful to carry out the purposes of this chapter.
(2) The director may enter into contracts, agreements, memorandums and other arrangements with federal, state and local agencies to carry out the purposes of this chapter.
History:
[39-7906, added 2000, ch. 268, sec. 1, p. 760.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 79 - LOCAL OPTION SWINE FACILITIES SITING ACT › Section 39-7911 - FINANCIAL ASSURANCE FOR CLOSURE AND REMEDIATION.

39-7911. FINANCIAL ASSURANCE FOR CLOSURE AND REMEDIATION. (1) All swine facilities regulated by section 39-104A, Idaho Code, and this chapter shall provide financial assurances demonstrating financial capability to meet requirements for closure of the facilities and remediation. Requirements for financial assurances shall be determined by the agency as set forth in rule. Financial assurances may include any mechanism or combination of mechanisms meeting the requirements established by agency rule including, but not limited to, surety bonds, trust funds, irrevocable letters of credit, insurance and corporate guarantees. The mechanism(s) used to demonstrate financial capability must be legally valid, binding and enforceable under applicable law and must ensure that the funds necessary to meet the costs of closure and remediation will be available whenever the funds are needed. The director may retain financial assurances for up to five (5) years after closure of a facility to ensure proper closure and remediation, as defined by rule.
(2) Nothing in this section prohibits the boards of county commissioners of any county or the governing body of any city from adopting regulations that are more stringent or that require greater financial assurances than those imposed by the department of environmental quality.
History:
[39-7911, added 2000, ch. 268, sec. 1, p. 767; am. 2001, ch. 103, sec. 75, p. 317.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 79 - LOCAL OPTION SWINE FACILITIES SITING ACT › Section 39-7912 - DIRECTOR MAY REQUEST ADDITIONAL INFORMATION.

39-7912. DIRECTOR MAY REQUEST ADDITIONAL INFORMATION. The applicant shall provide the director with additional information the director deems necessary to process an application, within thirty (30) days of the director’s request. The time period within which the director must act with regard to an application shall be stayed until the information requested is provided. If an applicant fails to provide the information within this time period, unless a longer time period is allowed by the director, the director may stop the application process and require the applicant to submit a new application.
History:
[39-7912, added 2000, ch. 268, sec. 1, p. 767.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 79 - LOCAL OPTION SWINE FACILITIES SITING ACT › Section 39-7913 - VIOLATIONS AND ENFORCEMENT.

39-7913. VIOLATIONS AND ENFORCEMENT. (1) The following acts are unlawful:
(a) Failure to comply with this chapter and any rules of the department regulating swine facilities, and conditions of site approval granted pursuant to this chapter;
(b) Knowingly making a false statement, representation, or certification in any application report, document, or record developed, maintained, or submitted pursuant to this chapter, rules or conditions of a site approval.
(2) Any person violating this chapter or any site approval or order under this chapter is liable for a civil or criminal penalty in accordance with chapter 1, title 39, Idaho Code. The director may apply the provisions of chapter 1, title 39, Idaho Code, to ensure compliance.
(3) The director may revoke a site approval:
(a) For material violation of any condition of a site approval, final agency order or order or judgment of a court secured by any state or federal agency and relating to the operation of a swine facility;
(b) If an approval was obtained by misrepresentation or failure to disclose all relevant facts;
(c) If approval for adequate water rights cannot be obtained from the Idaho department of water resources;
(d) The site or facility does not meet the requirements of this chapter.
(4) A private right of action on behalf of any person who has been injured or damaged by any approval authorized in this chapter or violation of the terms of any approval or rule authorized in this chapter may be maintained in accordance with the provisions of this chapter and/or the provisions of chapter 52, title 67, Idaho Code, as applicable.
History:
[39-7913, added 2000, ch. 268, sec. 1, p. 767.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 79 - LOCAL OPTION SWINE FACILITIES SITING ACT › Section 39-7914 - CONFIDENTIALITY OF RECORDS.

39-7914. CONFIDENTIALITY OF RECORDS. Information obtained by a public agency pursuant to this chapter or its associated rules is subject to public disclosure pursuant to the provisions of chapter 1, title 74, Idaho Code. Information submitted under a trade secret claim may be entitled to confidential treatment as provided in section 74-114, Idaho Code, and rules of the department of environmental quality.
History:
[39-7914, added 2000, ch. 268, sec. 1, p. 768; am. 2001, ch. 103, sec. 76, p. 317; am. 2015, ch. 141, sec. 100, p. 451.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 79 - LOCAL OPTION SWINE FACILITIES SITING ACT › Section 39-7915 - SEVERABILITY CLAUSE.

39-7915. SEVERABILITY CLAUSE. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
History:
[39-7915, added 2000, ch. 268, sec. 1, p. 768.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 79 - LOCAL OPTION SWINE FACILITIES SITING ACT › Section 39-7916 - CONFLICTS CLAUSE.

39-7916. CONFLICTS CLAUSE. If a conflict arises between this chapter and rules of the department regulating swine facilities, the most restrictive provision shall apply.
History:
[39-7916, added 2000, ch. 268, sec. 1, p. 768.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 80 - UNIFORM PUBLIC SCHOOL BUILDING SAFETY › Section 39-8001 - SHORT TITLE.

39-8001. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Uniform School Building Safety Act."
History:
[39-8001, added 2000, ch. 352, sec. 1, p. 1183; am. 2023, ch. 15, sec. 14, p. 83.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 80 - UNIFORM PUBLIC SCHOOL BUILDING SAFETY › Section 39-8002 - DECLARATION OF PURPOSE.

39-8002. DECLARATION OF PURPOSE. The purpose of this act is to assure the safety of children and others who use Idaho’s public schools by providing for a uniform school building safety code to apply to school buildings and by establishing procedures for achieving compliance with the code.
History:
[39-8002, added 2000, ch. 352, sec. 1, p. 1183.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 80 - UNIFORM PUBLIC SCHOOL BUILDING SAFETY › Section 39-8003 - SCOPE.

39-8003. SCOPE. This act shall apply to all facilities, existing now or constructed in the future, that are owned, leased or used for educational purposes by public school districts, charter schools, or a school for children in any grades kindergarten through twelve (12) that is operated by the state of Idaho receiving state funding. The authority granted under this act shall not prohibit local governments from acting to enforce applicable building and fire codes.
History:
[39-8003, added 2000, ch. 352, sec. 1, p. 1183; am. 2001, ch. 326, sec. 4, p. 1151.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 80 - UNIFORM PUBLIC SCHOOL BUILDING SAFETY › Section 39-8004 - DEFINITIONS.

39-8004. DEFINITIONS. As used in this act:
(1) "Administrator" means the administrator of the division of occupational and professional licenses or his designated representative.
(2) "Day" shall mean a calendar day unless otherwise specified.
(3) "Imminent safety hazard" means a condition that presents an unreasonable risk of death or serious bodily injury to occupants of a building.
(4) "Licensed professional" means a person licensed by the state of Idaho as an architect or an engineer.
(5) "Local government" means any city or county of this state.
(6) "Serious safety hazard" means a condition that presents an unreasonable health risk or risk of injury to occupants of a building.
History:
[39-8004, added 2000, ch. 352, sec. 1, p. 1183; am. 2002, ch. 158, sec. 2, p. 461; am. 2023, ch. 15, sec. 15, p. 83.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 80 - UNIFORM PUBLIC SCHOOL BUILDING SAFETY › Section 39-8006 - COMMITTEE TO DEVELOP IDAHO UNIFORM SCHOOL BUILDING SAFETY CODE — INTERIM CODE.

39-8006. COMMITTEE TO DEVELOP IDAHO UNIFORM SCHOOL BUILDING SAFETY CODE — INTERIM CODE. (1) The committee shall develop the Idaho uniform school building safety code to be adopted by rule of the administrator pursuant to section 39-8007, Idaho Code. The Idaho uniform school building safety code shall address elements of the national codes identified in section 39-4109, Idaho Code, and rule of the state board of education at IDAPA 08.02.02.130.
(2) Until the Idaho uniform school building safety code is adopted by rule pursuant to section 39-8007, Idaho Code, the national codes adopted under section 39-4109, Idaho Code, and rule of the state board of education at IDAPA 08.02.02.130 shall serve as the interim Idaho uniform school building safety code.
History:
[39-8006, added 2000, ch. 352, sec. 1, p. 1184.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 80 - UNIFORM PUBLIC SCHOOL BUILDING SAFETY › Section 39-8006A - BEST PRACTICES MAINTENANCE PLAN FOR SCHOOL BUILDINGS.

39-8006A. BEST PRACTICES MAINTENANCE PLAN FOR SCHOOL BUILDINGS. The administrator of the division of occupational and professional licenses and the state department of education shall consult and shall draft a best practices maintenance plan for school buildings that shall be supplied to the superintendent of each school district. Based on the best practices maintenance plan, each school district shall develop a ten (10) year plan and submit it to the division of occupational and professional licenses for approval. Such plan shall be submitted in all years ending in zero (0) or five (5) and shall include information detailing the work completed pursuant to the previous maintenance plan and any revisions to that plan.
History:
[39-8006A, added 2006, ch. 311, sec. 9, p. 966; am. 2012, ch. 66, sec. 2, p. 189; am. 2023, ch. 15, sec. 17, p. 84.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 80 - UNIFORM PUBLIC SCHOOL BUILDING SAFETY › Section 39-8007 - POWERS AND DUTIES OF THE ADMINISTRATOR.

39-8007. POWERS AND DUTIES OF THE ADMINISTRATOR. (1) The administrator shall enforce the provisions of this chapter in cooperation with the superintendent of public instruction and the building code advisory board.
(2) The administrator shall promulgate rules necessary to carry out the provisions of this chapter. Such rules shall be promulgated pursuant to the provisions of chapter 52, title 67, Idaho Code.
(3) The administrator shall establish a program for the timely review of public school construction plans as required by section 39-4113(4)(f), Idaho Code.
(4) Upon request, the administrator shall provide training to school districts on the Idaho uniform school building safety code.
History:
[39-8007, added 2000, ch. 352, sec. 1, p. 1184; am. 2009, ch. 219, sec. 3, p. 684; am. 2010, ch. 166, sec. 2, p. 340; am. 2010, ch. 174, sec. 2, p. 359.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 80 - UNIFORM PUBLIC SCHOOL BUILDING SAFETY › Section 39-8009 - INJUNCTION.

39-8009. INJUNCTION. Upon failure of the district superintendent, principal, board of trustees, or other person in charge to comply with the requirements stated in any notice or order relating to an imminent safety hazard or serious safety hazard, the administrator may maintain an action in the name of the state of Idaho to enjoin the district superintendent, principal, board of trustees or other person in charge from acting in violation of such notice or order or from doing any action that interferes with the administrator carrying out his statutory duties. Such action shall be brought in the district court in which said acts are claimed to have been committed by filing a verified complaint setting forth said act. The court, if satisfied from such complaint or affidavits that the act complained of has been or is being committed and will persist, may issue a temporary writ without notice or bond enjoining the defendant from the commission of such act pending final disposition of the cause. The cause shall proceed as in other causes for injunction. If, at the trial, the commission of said act by the defendant be established and the court further finds it probable that the defendant will continue in such act or similar acts, the court shall enter a decree enjoining said defendant from committing said or similar acts.
History:
[39-8009, added 2000, ch. 352, sec. 1, p. 1185; am. 2002, ch. 158, sec. 4, p. 463.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 80 - UNIFORM PUBLIC SCHOOL BUILDING SAFETY › Section 39-8010 - APPEAL TO BUILDING CODE BOARD.

39-8010. APPEAL TO BUILDING CODE BOARD. (1) The Idaho building code board shall, within ten (10) days after receipt of notice for an appeal, hear such appeal brought before it by a school district affected by any finding pursuant to this chapter that there exists in a school building a violation of the uniform school building safety code, provided however, that an appeal brought pursuant to this section shall not affect the ability of the administrator to obtain an injunction pursuant to section 39-8009, Idaho Code. Such hearing shall be governed by the provisions of chapter 52, title 67, Idaho Code. Final decisions of the board, other than code interpretations, are subject to judicial review in accordance with the provisions of chapter 52, title 67, Idaho Code.
(2) The board shall provide reasonable interpretations of the codes enumerated in this chapter.
(3) Within ten (10) days of the conclusion of the hearing, the board shall render its findings and decisions in writing to the state superintendent of public instruction, the administrator of the division of occupational and professional licenses and the appealing district.
History:
[39-8010, added 2000, ch. 352, sec. 1, p. 1185; am. 2010, ch. 166, sec. 4, p. 343; am. 2023, ch. 15, sec. 19, p. 86.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 80 - UNIFORM PUBLIC SCHOOL BUILDING SAFETY › Section 39-8011 - VIOLATIONS.

39-8011. VIOLATIONS. (1) If a school district, the district superintendent, principal, board of trustees, or other person in charge willfully violates the provisions of this chapter, the state superintendent of public instruction shall withhold such ensuing apportionments as are necessary to make repairs to abate the identified imminent safety hazard or serious safety hazard. Withheld funds, not to exceed one and one-half percent (1 1/2%) of the district’s appropriation, shall be disbursed only to pay for such repairs.
(2) If the funds that would be raised over two (2) fiscal years from applying the provisions of subsection (1) of this section are insufficient, in combination with all moneys that will be available in the district’s school building maintenance allocation for the same period, to provide sufficient moneys to abate the identified imminent or serious safety hazard, then the administrator shall submit an application to abate said hazard to the Idaho public school facilities cooperative funding program panel pursuant to section 33-909, Idaho Code.
(3) It is a misdemeanor to remove, without permission of the administrator, a notice or order posted pursuant to this chapter.
History:
[39-8011, added 2000, ch. 352, sec. 1, p. 1186; am. 2002, ch. 158, sec. 5, p. 463; am. 2006, ch. 311, sec. 10, p. 966; am. 2007, ch. 142, sec. 2, p. 414.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 80 - UNIFORM PUBLIC SCHOOL BUILDING SAFETY › Section 39-8012 - SEVERABILITY.

39-8012. SEVERABILITY. If any portion of this act, or the application of any provision of this act to any person or circumstance, shall be held invalid, the remainder of this act, or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected.
History:
[39-8012, added 2000, ch. 352, sec. 1, p. 1186.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 81 - BASIN ENVIRONMENTAL IMPROVEMENT ACT › Section 39-8102 - POLICY OF STATE.

39-8102. POLICY OF STATE. The Idaho legislature declares that environmental protection and improvement of the Coeur d’Alene basin to protect human health and enhance natural resources is very important to the state. Therefore, it is the policy of the state to provide in this chapter a system for environmental remediation, natural resource restoration and related measures to address heavy metal contamination in the basin. The system provided in this chapter is intended to protect and promote the health, safety and general welfare of the people of Idaho in a manner consistent with local, state, federal and tribal participation and resources.
History:
[39-8102, added 2001, ch. 371, sec. 2, p. 1297.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 81 - BASIN ENVIRONMENTAL IMPROVEMENT ACT › Section 39-8103 - DEFINITIONS.

39-8103. DEFINITIONS. As used in this chapter, unless a different meaning clearly appears from the context:
(1) "Administrator" means the administrator or a member of the board of administrators of the basin environmental improvement fund and financing authority.
(2) "Basin" means the watershed of Coeur d’Alene Lake within the counties of Shoshone, Kootenai and Benewah in the state of Idaho.
(3) "Basin environmental improvement fund and financing authority" or "financing authority" means the entity established by the authority of this chapter, and agreements, compacts, reciprocal legislation or resolutions with or by the United States of America, the Coeur d’Alene tribe or the state of Washington to accept and invest funds and finance the activities of the basin project.
(4) "Basin environmental improvement project" or "basin project" means the environmental and natural resources restoration and related measures regarding heavy metal contamination in the basin undertaken by the commission.
(5) "Basin environmental improvement project commission" or "commission" means the entity organized by the authority of this chapter and agreements, compacts, reciprocal legislation or resolutions with or by the United States of America, the Coeur d’Alene tribe or the state of Washington to implement the basin project.
(6) "Board of administrators" or "administrators" means the administrator or board of administrators of the basin environmental improvement fund and financing authority.
(7) "Board of commissioners" or "commission" means the board of commissioners of the basin environmental improvement project commission.
(8) "Bonds" or "notes" or "bond anticipation notes" or "other obligations" means any bonds, notes, debentures, interim certificates or other evidence of financial indebtedness issued by the financing authority pursuant to this chapter.
(9) "Commissioner" means a member of the board of commissioners of the basin environmental improvement project commission.
(10) "Executive director" means the executive director of the basin environmental improvement project commission.
History:
[39-8103, added 2001, ch. 371, sec. 2, p. 1298.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 81 - BASIN ENVIRONMENTAL IMPROVEMENT ACT › Section 39-8104 - ESTABLISHMENT OF AGREEMENTS OR COMPACTS FOR PARTICIPATION IN BASIN PROJECT COMMISSION.

39-8104. ESTABLISHMENT OF AGREEMENTS OR COMPACTS FOR PARTICIPATION IN BASIN PROJECT COMMISSION. The director of the department of environmental quality and the attorney general of the state of Idaho or their delegates shall represent the state of Idaho in negotiations with representatives of the state of Washington, the Coeur d’Alene tribe and the United States of America for the purpose of reaching agreements or compacts between the state of Idaho and any or all of the other named governments regarding participation in the basin project commission and the basin financing authority, for the purpose of providing for environmental remediation and natural resource restoration in the Coeur d’Alene basin in a manner consistent with local, state, federal and tribal authorities and resources; provided however, that any agreement or compact entered into on behalf of the named governments shall not be binding or obligatory upon any of those governments until the agreement or compact is approved by the requisite named governments. The governor of the state of Idaho may enter into any agreement or compact consistent with this chapter.
History:
[39-8104, added 2001, ch. 371, sec. 2, p. 1298.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 81 - BASIN ENVIRONMENTAL IMPROVEMENT ACT › Section 39-8105 - GOVERNOR SHALL REQUEST RECIPROCAL LEGISLATION OR RESOLUTION.

39-8105. GOVERNOR SHALL REQUEST RECIPROCAL LEGISLATION OR RESOLUTION. The governor of the state of Idaho shall advise the chairman of the Coeur d’Alene tribe, the governor of the state of Washington and the president of the United States of America of the enactment of this chapter and request that, if necessary, reciprocal resolutions or legislation be enacted by those governments to authorize negotiation and entry into agreements or compacts regarding participation in the basin environmental improvement project commission and financing authority.
History:
[39-8105, added 2001, ch. 371, sec. 2, p. 1299.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 81 - BASIN ENVIRONMENTAL IMPROVEMENT ACT › Section 39-8109 - NOTES AND BONDS — STATE WILL NOT IMPAIR VESTED RIGHTS.

39-8109. NOTES AND BONDS — STATE WILL NOT IMPAIR VESTED RIGHTS. The state pledges to and agrees with the holders of any notes or bonds issued under this chapter that the state will not limit or alter the rights hereby vested in the financing authority to fulfill the terms of any agreements made with the holders thereof or in any way impair the rights and remedies of the holders until the notes and bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders, are fully met and discharged. The financing authority may include this pledge and agreement of the state in any agreement with the holders of the notes or bonds.
History:
[39-8109, added 2001, ch. 371, sec. 2, p. 1306.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 81 - BASIN ENVIRONMENTAL IMPROVEMENT ACT › Section 39-8110 - LIMITATION OF LIABILITY — NOTES AND BONDS ARE NOT A DEBT OF THE STATE.

39-8110. LIMITATION OF LIABILITY — NOTES AND BONDS ARE NOT A DEBT OF THE STATE. The notes, bonds or other obligations of the financing authority are not an indebtedness or obligation of the state of Idaho, or of any department, board, commission, agency, political subdivision, body corporate and politic, or instrumentality of a municipality or county within the state, nor shall such notes, bonds or obligations of the financing authority constitute the giving or loaning of the credit of the state of Idaho, or of any department, board, commission, agency, political subdivision, body corporate and politic or instrumentality of a municipality or county within the state, nor shall they be payable out of any funds other than those of the financing authority; and the notes and bonds shall contain on the face thereof a statement to that effect.
History:
[39-8110, added 2001, ch. 371, sec. 2, p. 1307.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 81 - BASIN ENVIRONMENTAL IMPROVEMENT ACT › Section 39-8111 - STATE MAY MAKE GRANTS TO FINANCING AUTHORITY.

39-8111. STATE MAY MAKE GRANTS TO FINANCING AUTHORITY. The state may make grants of money or property to the financing authority for the purpose of enabling it to carry out its corporate purposes and for the exercise of its powers including, but not limited to, deposits to the reserve funds. This section does not limit any other power the state may have to make grants to the financing authority.
History:
[39-8111, added 2001, ch. 371, sec. 2, p. 1307.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 81 - BASIN ENVIRONMENTAL IMPROVEMENT ACT › Section 39-8112 - NOTES AND BONDS OF FINANCING AUTHORITY ARE LEGAL INVESTMENTS.

39-8112. NOTES AND BONDS OF FINANCING AUTHORITY ARE LEGAL INVESTMENTS. The notes and bonds of the financing authority are legal investments in which all public officers and public bodies of this state, its political subdivisions, all municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, banking associations, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or in other obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them. The notes and bonds are also hereby made securities which may properly and legally be deposited with and received by all public officers and bodies of the state or any agency or political subdivision of the state and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the state is authorized by law.
History:
[39-8112, added 2001, ch. 371, sec. 2, p. 1307.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 81 - BASIN ENVIRONMENTAL IMPROVEMENT ACT › Section 39-8113 - NOTES AND BONDS OF FINANCING AUTHORITY ARE TAX EXEMPT.

39-8113. NOTES AND BONDS OF FINANCING AUTHORITY ARE TAX EXEMPT. The basin project commission and the financing authority perform essential governmental functions in the exercise of the powers conferred upon them under this chapter. The notes and bonds of the financing authority issued under this chapter, and the income therefrom, including any profit made on the sale thereof, and all its fees, charges, gifts, grants, revenues, receipts, and other moneys received, pledged to pay or secure the payment of the notes or bonds, are exempt from taxation by the state, municipalities and all other political subdivisions of the state. Any property acquired or used by the basin project commission consistent with this chapter are [is] exempt from taxation and assessments.
History:
[39-8113, added 2001, ch. 371, sec. 2, p. 1307.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 81 - BASIN ENVIRONMENTAL IMPROVEMENT ACT › Section 39-8114 - CHAPTER NOT A LIMITATION OF POWERS.

39-8114. CHAPTER NOT A LIMITATION OF POWERS. This chapter does not restrict or limit the powers which the basin project commission or financing authority might otherwise have under any laws of this state, and this chapter is cumulative to those powers. This chapter provides an additional and alternative method for actions authorized and shall be regarded as supplemental and additional to powers conferred by other laws. However, the issuance of bonds, notes and other obligations and refunding bonds under this chapter need not comply with the requirements of any other state law applicable to the issuance of bonds, notes and other obligations. Contracts for the construction and acquisition of any facilities undertaken pursuant to this chapter need not comply with any other state law applicable to contracts for the construction and acquisition of state owned property. No proceedings, notice or approval is required for the issuance of any bonds, notes and other obligations or any instrument as security therefor, except as is provided in this chapter.
History:
[39-8114, added 2001, ch. 371, sec. 2, p. 1308.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 81 - BASIN ENVIRONMENTAL IMPROVEMENT ACT › Section 39-8115 - INCONSISTENT LAWS — THIS CHAPTER CONTROLS.

39-8115. INCONSISTENT LAWS — THIS CHAPTER CONTROLS. If any provision of this chapter is inconsistent with the provisions of any other law, general, specific or local, the provisions of this chapter control.
History:
[39-8115, added 2001, ch. 371, sec. 2, p. 1308.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 82 - IDAHO SAFE HAVEN ACT › Section 39-8201 - TITLE.

39-8201. TITLE. This chapter shall be known as the "Idaho Safe Haven Act."
History:
[(39-8201) 39-8101, added 2001, ch. 357, sec. 1, p. 1253; am. and redesig. 2005, ch. 25, sec. 68, p. 106.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 82 - IDAHO SAFE HAVEN ACT › Section 39-8202 - DEFINITIONS.

39-8202. DEFINITIONS. As used in this chapter, the following terms shall mean:
(1) "Custodial parent," for the purposes of this chapter, means, in the absence of a court decree, the parent with whom the child resides.
(2) "Safe haven" means:
(a) Hospitals licensed in the state of Idaho;
(b) Licensed physicians in the state of Idaho and staff working at their offices and clinics;
(c) Advanced practice professional nurses, including certified nurse-midwives, clinical nurse specialists, nurse practitioners and certified registered nurse anesthetists licensed or registered pursuant to chapter 14, title 54, Idaho Code;
(d) Physician assistants licensed pursuant to chapter 18, title 54, Idaho Code;
(e) Medical personnel acting or serving in the capacity as a licensed provider, affiliated with a recognized Idaho EMS agency. For purposes of this act, "medical personnel" shall include those individuals certified by the department of health and welfare as:
(i) First responders;
(ii) Emergency medical technicians – basic;
(iii) Advanced emergency medical technicians – ambulance;
(iv) Emergency medical technicians – intermediate; and
(v) Emergency medical technicians – paramedic.
(f) A fire station operated by a city, a county, a tribal entity, a fire protection district or a volunteer fire department if there are personnel on duty.
History:
[(39-8202) 39-8102, added 2001, ch. 357, sec. 1, p. 1253; am. and redesig. 2005, ch. 25, sec. 69, p. 107; am. 2017, ch. 200, sec. 1, p. 502.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 82 - IDAHO SAFE HAVEN ACT › Section 39-8203 - EMERGENCY CUSTODY OF CERTAIN ABANDONED CHILDREN — CONFIDENTIALITY — IMMUNITY.

39-8203. EMERGENCY CUSTODY OF CERTAIN ABANDONED CHILDREN — CONFIDENTIALITY — IMMUNITY. (1) A safe haven shall take temporary physical custody of a child, without court order, if the child is personally delivered to a safe haven, provided that:
(a) The child is no more than thirty (30) days of age;
(b) The custodial parent delivers the child to the safe haven; and
(c) The custodial parent does not express an intent to return for the child.
(2) If a safe haven takes temporary physical custody of a child pursuant to subsection (1) of this section, the safe haven shall:
(a) Perform any act necessary, in accordance with generally accepted standards of professional practice, to protect, preserve, or aid the physical health and safety of the child during the temporary physical custody including, but not limited to, delivering the child to a hospital for care or treatment; and
(b) Immediately notify a peace officer or other person appointed by the court of the abandonment.
(3) The safe haven shall not inquire as to the identity of the custodial parent and, if the identity of a parent is known to the safe haven, the safe haven shall keep all information as to the identity confidential. The custodial parent leaving the child shall not be required to provide any information to the safe haven but may voluntarily provide information including, but not limited to, medical history of the parent(s) or the child.
(4) A safe haven with responsibility for performing duties under this section, and any employee, doctor, or other personnel working at the safe haven, are immune from any civil or criminal liability that otherwise might result from their actions, if they are acting in good faith in receiving a child and performing duties under this section.
(5) A custodial parent may leave a child with a safe haven in this state without being subjected to prosecution for abandonment pursuant to the provisions of title 18, Idaho Code, provided that the child was no more than thirty (30) days of age when it was left at the safe haven, as determined within a reasonable degree of medical certainty.
History:
[(39-8203) 39-8103, added 2001, ch. 357, sec. 1, p. 1253; am. and redesig. 2005, ch. 25, sec. 70, p. 107.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 82 - IDAHO SAFE HAVEN ACT › Section 39-8204 - PROTECTIVE CUSTODY — PLACEMENT — IMMUNITY.

39-8204. PROTECTIVE CUSTODY — PLACEMENT — IMMUNITY. (1) Upon notification by a safe haven that a child has been abandoned pursuant to the provisions of this chapter, a peace officer or other person appointed by the court shall take protective custody of the child and shall immediately deliver the child to the care, control and custody of the department of health and welfare. Provided however, where the child requires further medical evaluation, care or treatment, the child shall be left in the care of a hospital and the peace officer or other person appointed by the court shall notify the court and prosecutor of the action taken and the location of the child so that a shelter care hearing may be held.
(2) The department of health and welfare shall place an abandoned child with a potential adoptive parent as soon as possible.
(3) A peace officer or other person appointed by the court who takes a child into custody under this section, shall not be held liable either criminally or civilly unless the action of taking the child was exercised in bad faith or in violation of the provisions of this chapter.
History:
[(39-8204) 39-8104, added 2001, ch. 357, sec. 1, p. 1254; am. and redesig. 2005, ch. 25, sec. 71, p. 108.]