reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 82 - IDAHO SAFE HAVEN ACT › Section 39-8205 - SHELTER CARE HEARING — INVESTIGATION — ADJUDICATORY HEARING — TERMINATION OF PARENT-CHILD RELATIONSHIP.

39-8205. SHELTER CARE HEARING — INVESTIGATION — ADJUDICATORY HEARING — TERMINATION OF PARENT-CHILD RELATIONSHIP. (1) A shelter care hearing shall be held pursuant to section 16-1615, Idaho Code, and the department shall file a petition for adjudicatory hearing to vest legal custody in the department pursuant to section 16-1621, Idaho Code, at or prior to the time set for shelter care hearing.
(2) A child protective investigation or criminal investigation shall not be initiated based on a claim of abandonment unless a claim of parental rights is made and the court orders the investigation.
(3) During the initial thirty (30) day period from the time the child was delivered to a safe haven by a custodial parent, the department shall request assistance from law enforcement officials to investigate through the missing children information clearinghouse and other state and national resources to ensure that the child is not a missing child.
(4) An adjudicatory hearing shall be conducted pursuant to the provisions of section 16-1619, Idaho Code, and section 16-1621, Idaho Code.
(5) As soon as practicable following the initial thirty (30) day period from the time the child was delivered to a safe haven by a custodial parent, the department shall petition to terminate the parental rights of the parent who abandoned the child at the safe haven and any unknown parent pursuant to section 16-1624, Idaho Code, and in accordance with chapter 20, title 16, Idaho Code.
History:
[(39-8205) 39-8105, added 2001, ch. 357, sec. 1, p. 1254; am. and redesig. 2005, ch. 25, sec. 72, p. 108; am. and redesig. 2005, ch. 391, sec. 56, p. 1312.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 82 - IDAHO SAFE HAVEN ACT › Section 39-8207 - REPORT TO LEGISLATURE.

39-8207. REPORT TO LEGISLATURE. The department of health and welfare shall evaluate the program and shall submit a written report on the program, including recommendations for revisions and improvements, to the senate health and welfare committee and the house of representatives health and welfare committee of the legislature of the state of Idaho no later than two (2) years after the effective date of this act.
History:
[(39-8207) 39-8107, added 2001, ch. 371, sec. 2, p. 1301; am. and redesig. 2005, ch. 25, sec. 74, p. 110.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 83 - GENETIC TESTING PRIVACY ACT › Section 39-8301 - SHORT TITLE.

39-8301. SHORT TITLE. This chapter shall be known and may be cited as the "Genetic Testing Privacy Act."
History:
[39-8301, added 2006, ch. 293, sec. 1, p. 904.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 83 - GENETIC TESTING PRIVACY ACT › Section 39-8302 - DEFINITIONS.

39-8302. DEFINITIONS. As used in this chapter:
(1) "Blood relative" means a person’s biologically related parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew, niece or first cousin.
(2) "DNA" means deoxyribonucleic acid, ribonucleic acid and chromosomes which may be analyzed to detect heritable diseases or conditions, including the identification of carriers, predicting risk of disease, or establishing a clinical diagnosis.
(3) "DNA sample" means any human biological specimen from which DNA can be extracted, or DNA extracted from such specimen.
(4) "Employer" means any person, partnership, limited liability company, association, corporation, labor organization, employment agency or nonprofit entity that employs five (5) or more persons including relatives, and including the legislative, executive and judicial branches of state government; any county, city, or any other political subdivision of the state; or any other separate unit of state or local government.
(5) "Genetic analysis" or "genetic test" means the testing or analysis of an identifiable individual’s DNA that results in information that is derived from the presence, absence, alteration or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker or markers. "Genetic analysis" or "genetic test" does not mean:
(a) A routine physical examination;
(b) A routine chemical, blood or urine analysis;
(c) A test to identify the presence of drugs or HIV infection; or
(d) A test performed due to the presence of signs, symptoms or other manifestations of a disease, illness, impairment or other disorder.
(6) "Individual" means the person from whose body the DNA sample originated.
(7) "Person" means any person, organization or entity other than the individual.
(8) "Private genetic information" means any information about an identifiable individual that is derived from the presence, absence, alteration or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker or markers, and which has been obtained from a genetic test or analysis of the individual’s DNA or from a genetic test or analysis of a person’s DNA of whom the individual is a blood relative. "Private genetic information" does not include information that is derived from:
(a) A routine physical examination;
(b) A routine chemical, blood or urine analysis;
(c) A test to identify the presence of drugs or HIV infection; or
(d) A test performed due to the presence of signs, symptoms or other manifestations of a disease, illness, impairment or other disorder.
History:
[39-8302, added 2006, ch. 293, sec. 1, p. 904.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 83 - GENETIC TESTING PRIVACY ACT › Section 39-8303 - RESTRICTIONS ON EMPLOYERS.

39-8303. RESTRICTIONS ON EMPLOYERS. (1) Except as provided in subsections (2) and (3) of this section, an employer shall not, in connection with a hiring, promotion, retention or other related decision:
(a) Access or otherwise take into consideration private genetic information about an individual;
(b) Request or require an individual to consent to a release for the purpose of accessing private genetic information about the individual;
(c) Request or require an individual or his blood relative to submit to a genetic test; or
(d) Inquire into the fact that an individual or his blood relative has taken or refused to take a genetic test.
(2)(a) Notwithstanding the provisions of subsection (1) of this section, an employer may seek an order compelling the disclosure of private genetic information held by an individual or third party pursuant to subsection (2)(b) of this section in connection with:
(i) An employment-related judicial or administrative proceeding in which the individual has placed his health at issue; or
(ii) An employment-related decision in which the employer has a reasonable basis to believe that the individual’s health condition poses a real and unjustifiable safety risk requiring the change or denial of an assignment.
(b)(i) An order compelling the disclosure of private genetic information pursuant to this subsection may be entered only upon a finding that:
(A) Other ways of obtaining the private information are not available or would not be effective; and
(B) There is a compelling need for the private genetic information that substantially outweighs the potential harm to the privacy interests of the individual.
(ii) An order compelling the disclosure of private genetic information pursuant to this subsection shall:
(A) Limit disclosure to those parts of the record containing information essential to fulfill the objective of the order;
(B) Limit disclosure to those persons whose need for the information is the basis of the order; and
(C) Include such other measures as may be necessary to limit disclosure for the protection of the individual.
(3) An employer who conducts DNA analysis for law enforcement purposes as a forensic laboratory or for the purposes of human remains identification may request or require genetic information of its employees or contractors but only to the extent that such genetic information is used for analysis of DNA identification markers for quality control to detect sample contamination.
History:
[39-8303, added 2006, ch. 293, sec. 1, p. 905; am. 2022, ch. 141, sec. 1, p. 512.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 83 - GENETIC TESTING PRIVACY ACT › Section 39-8304 - ENFORCEMENT.

39-8304. ENFORCEMENT. (1) Whenever the attorney general has reason to believe that any employer is engaging, has engaged, or is about to engage in any act in violation of this chapter, the attorney general may bring an action in the name of the state against that employer:
(a) To obtain a declaratory judgment that the act violates the provisions of this chapter;
(b) To enjoin any act that violates the provisions of this chapter by issuance of a temporary restraining order or preliminary or permanent injunction, without bond, upon the giving of appropriate notice;
(c) To recover on behalf of the state and its agencies actual damages or restitution; or
(d) To recover civil penalties of up to twenty-five thousand dollars ($25,000) per violation and reasonable expenses, investigative costs and attorney’s fees.
(2) The penalties provided in this section are in addition to any other available remedy at law or equity.
(3) Any civil penalty imposed pursuant to this section shall be deposited in the state general fund.
History:
[39-8304, added 2006, ch. 293, sec. 1, p. 905.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 84 - TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Section 39-8401 - FINDINGS AND PURPOSE.

39-8401. FINDINGS AND PURPOSE. The legislature finds that violations of Idaho’s tobacco master settlement agreement act threaten the integrity of Idaho’s master settlement agreement with leading tobacco product manufacturers, the fiscal soundness of the state, and the public health. The legislature finds that enacting procedural enhancements will help prevent violations of Idaho’s tobacco master settlement agreement act and thereby safeguard the master settlement agreement, the fiscal soundness of the state and the public health.
History:
[39-8401, added 2003, ch. 33, sec. 2, p. 146.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 84 - TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Section 39-8402 - DEFINITIONS.

39-8402. DEFINITIONS. (1) "Brand family" means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors including, but not limited to, "menthol," "lights," "kings," and "100s," and includes any brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes.
(2) "Cigarette" has the same meaning as that term is defined in section 39-7802(d), Idaho Code.
(3) "Commission" means the state tax commission for the state of Idaho.
(4) "Master settlement agreement" has the same meaning as that term is defined in section 39-7802(e), Idaho Code.
(5) "Nonparticipating manufacturer" means any tobacco product manufacturer that is not a participating manufacturer.
(6) "Participating manufacturer" has the same meaning as that term is defined in section II(jj) of the master settlement agreement and all amendments thereto.
(7) "Qualified escrow fund" has the same meaning as that term is defined in section 39-7802(f), Idaho Code.
(8) "Stamping agent" means a person who is authorized to wholesale cigarettes or is required to affix tax stamps to packages or other containers of cigarettes as well as any person who pays a tobacco products tax on "roll your own" tobacco, pursuant to chapter 25, title 63, Idaho Code.
(9) "Tobacco product manufacturer" has the same meaning as that term is defined in section 39-7802(i), Idaho Code.
(10) "Units sold" has the same meaning as that term is defined in section 39-7802(j), Idaho Code.
History:
[39-8402, added 2003, ch. 33, sec. 2, p. 146; am. 2006, ch. 74, sec. 1, p. 227.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 84 - TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Section 39-8404 - AGENT FOR SERVICE OF PROCESS.

39-8404. AGENT FOR SERVICE OF PROCESS. (1) Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in this state as a foreign corporation or business entity shall, as a condition precedent to having its brand families listed or retained in the directory, appoint and continually engage without interruption the services of an agent in this state to act as agent for the service of process on whom all process, and any action or proceeding against it concerning or arising out of the enforcement of this chapter and Idaho’s tobacco master settlement agreement act, may be served in any manner authorized by law. Such service shall constitute legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, phone number and proof of the appointment and availability of such agent to, and to the satisfaction of, the attorney general.
(2) The nonparticipating manufacturer shall provide notice to the attorney general thirty (30) calendar days prior to termination of the authority of an agent and shall further provide proof to the satisfaction of the attorney general of the appointment of a new agent no less than five (5) calendar days prior to the termination of an existing agent appointment. In the event an agent terminates an agency appointment, the nonparticipating manufacturer shall notify the attorney general of said termination within five (5) calendar days and shall include proof to the satisfaction of the attorney general of the appointment of a new agent.
(3) Any nonparticipating manufacturer whose products are sold in this state, without appointing or designating an agent as herein required, shall be deemed to have appointed the secretary of state as such agent and may be proceeded against in courts of this state by service of process upon the secretary of state; however, the appointment of the secretary of state as such agent shall not satisfy the condition precedent to having its brand families listed or retained in the directory.
History:
[39-8404, added 2003, ch. 33, sec. 2, p. 149.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 84 - TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Section 39-8405 - REPORTING OF INFORMATION — ESCROW INSTALLMENTS.

39-8405. REPORTING OF INFORMATION — ESCROW INSTALLMENTS. (1) Not later than twenty (20) calendar days after the end of each calendar quarter, and more frequently if so directed by the attorney general, each stamping agent shall submit such information as the attorney general requires to facilitate compliance with this chapter including, but not limited to, a list by brand family of the total number of cigarettes for which the stamping agent affixed stamps during the previous calendar quarter or otherwise paid the tax due for such cigarettes. The stamping agent shall maintain, and make available to the attorney general, all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and any other information relied upon in reporting to the attorney general for a period of five (5) years.
(2) The commission is authorized to disclose to the attorney general any information received under this chapter or Idaho’s tobacco master settlement agreement act and requested by the attorney general for purposes of determining compliance with and enforcing the provisions of this chapter. The commission and attorney general shall share with each other the information received under this chapter or chapter 25, title 63, Idaho Code, and may share such information with other federal, state or local agencies only for purposes of enforcement of this chapter, Idaho’s tobacco master settlement agreement act, or corresponding laws of other states.
(3) The attorney general may require at any time from the nonparticipating manufacturer proof, from the financial institution in which such manufacturer has established a qualified escrow fund for the purpose of compliance with Idaho’s tobacco master settlement agreement act, of the amount of money in such fund, exclusive of interest, and the amount and date of each deposit to the fund, and the amount and date of each withdrawal from the fund.
(4) In addition to the information required to be submitted pursuant to this chapter, the attorney general may require a stamping agent or tobacco product manufacturer to submit any additional information including, but not limited to, samples of the packaging or labeling of each brand family, as is necessary to enable the attorney general to determine whether a tobacco product manufacturer or stamping agent is in compliance with this chapter.
(5) To promote compliance with the provisions of this chapter, the attorney general may promulgate rules requiring a tobacco product manufacturer subject to the requirements of section 39-7803(b), Idaho Code, to make the escrow deposits required in quarterly installments during the year in which the sales covered by such deposits are made. The attorney general may require production of information sufficient to enable the attorney general to determine the adequacy of the amount of the installment deposit.
History:
[39-8405, added 2003, ch. 33, sec. 2, p. 150.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 84 - TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Section 39-8406 - PENALTIES AND OTHER REMEDIES.

39-8406. PENALTIES AND OTHER REMEDIES. (1) Each stamp affixed, each sale or offer to sell, and each cigarette possessed in violation of section 39-8403(3), Idaho Code, shall constitute a separate violation. For each violation hereof, the district court may impose a civil penalty in an amount not to exceed the greater of five hundred percent (500%) of the retail value of the cigarettes or five thousand dollars ($5,000) upon a determination of violation of section 39-8403(3), Idaho Code, or any rule adopted pursuant thereto.
(2) In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a stamping agent has violated section 39-8403(3), Idaho Code, or any rule adopted pursuant thereto, the commission may revoke or suspend the license of any stamping agent in the manner provided by law.
(3) Any cigarettes that have had stamps affixed, been sold, offered for sale or possessed for sale in this state in violation of section 39-8403(3) shall be deemed contraband under section 63-2513, Idaho Code, and such cigarettes shall be subject to seizure and forfeiture by the commission as provided in such section, and all such cigarettes so seized and forfeited shall be destroyed and not resold.
(4) The attorney general may seek an injunction to prevent or restrain a threatened or actual violation of section 39-8403(3), 39-8405(1) or 39-8405(4), Idaho Code, by a stamping agent and to compel the stamping agent to comply with such subsections.
(5) A person who violates section 39-8403(3), Idaho Code, engages in an unfair and deceptive trade practice in violation of the Idaho consumer protection act, chapter 6, title 48, Idaho Code.
History:
[39-8406, added 2003, ch. 33, sec. 2, p. 150.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 84 - TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Section 39-8407 - MISCELLANEOUS PROVISIONS.

39-8407. MISCELLANEOUS PROVISIONS. (1) A determination of the attorney general to exclude or remove from the directory a brand family or tobacco product manufacturer shall be subject to review in the manner prescribed by Idaho’s administrative procedure act.
(2) No person shall be issued a license or granted a renewal of a license to act as a stamping agent unless such person has certified, in writing, that such person will comply fully with this chapter.
(3) For the year 2003, the first report of stamping agents required by section 39-8405(1), Idaho Code, shall be due thirty (30) calendar days after the effective date of this chapter; the certifications by a tobacco product manufacturer described in section 39-8403(1), Idaho Code, shall be due forty-five (45) days after such effective date; and the directory described in section 39-8403(2), Idaho Code, shall be published or made available within ninety (90) calendar days after such effective date.
(4) The commission and the attorney general may promulgate rules necessary to effect the purposes of this chapter.
(5) In any action brought by the attorney general to enforce this chapter, the attorney general shall be entitled to recover the costs of investigation, expert witness fees, costs of the action and reasonable attorney’s fees.
(6) If a court determines that a person has violated this chapter, the court shall order any profits, gain, gross receipts or other benefit from the violation to be disgorged and paid to the state treasurer for deposit in the general fund. Unless otherwise expressly provided the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state.
(7) If a court of competent jurisdiction finds that the provisions of this chapter and of the Idaho tobacco master settlement agreement act conflict and cannot be harmonized, then such provisions of the Idaho tobacco master settlement agreement act, chapter 78, title 39, Idaho Code, shall control. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter causes the Idaho tobacco master settlement agreement act to no longer constitute a qualifying or model statute, as those terms are defined in the master settlement agreement, then that portion of this chapter shall not be valid. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid, unlawful or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter or any part thereof.
History:
[39-8407, added 2003, ch. 33, sec. 2, p. 151.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 84 - TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Section 39-8420 - LEGISLATIVE FINDINGS AND INTENT.

39-8420. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature finds that the commercial use of cigarette rolling machines in this state has the potential to circumvent various requirements under Idaho law related to the manufacturing, marketing, sale and taxation of cigarettes. Such use is to the detriment of the fiscal soundness of the state and the public health.
(2) This legislation is intended to ensure that cigarette rolling machine operators comply with applicable Idaho laws governing the manufacturing, marketing, sale and taxation of cigarettes and that the use of such cigarette rolling machines will not circumvent these laws and undercut the purposes for which they were enacted.
History:
[39-8420, added 2012, ch. 206, sec. 1, p. 548.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 84 - TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Section 39-8421 - DEFINITIONS.

39-8421. DEFINITIONS. As used in sections 39-8420 through 39-8425, Idaho Code:
(1) The definitions set forth in section 39-8402, Idaho Code, of the Idaho tobacco master settlement agreement complementary act, and in this section, apply to sections 39-8420 through 39-8425, Idaho Code.
(2) "Cigarette rolling machine" means any machine or device that has the capability to produce at least one hundred fifty (150) cigarettes in less than thirty (30) minutes.
(3) "Cigarette rolling machine operator" means any person who owns or leases or otherwise has available for use a cigarette rolling machine and makes such a machine available for use by another person in a commercial setting in order to manufacture a cigarette. No person shall be deemed a cigarette rolling machine operator based solely upon that person’s manufacture, sale, enabling, disabling, or repair of a cigarette rolling machine.
(4) "Minor" has the same meaning as that term is defined in section 39-5702(6), Idaho Code.
(5) "Person" means natural persons, corporations both foreign and domestic, trusts, partnerships both limited and general, incorporated or unincorporated associations, companies, business entities, and any other legal entity, or any other group associated in fact although not a legal entity.
(6) "Tobacco products" means any substance that contains tobacco, including but not limited to cigarettes, cigars, pipes, snuff, smoking tobacco, tobacco papers, or smokeless tobacco.
History:
[39-8421, added 2012, ch. 206, sec. 2, p. 548; am. 2020, ch. 318, sec. 18, p. 914.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 84 - TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Section 39-8422 - CERTIFICATION OF CIGARETTE ROLLING MACHINE OPERATORS.

39-8422. CERTIFICATION OF CIGARETTE ROLLING MACHINE OPERATORS. A cigarette rolling machine operator may not locate at, offer, or make a cigarette rolling machine available for use, or offer for sale cigarettes manufactured by the operator or any other person at the location of the operator’s cigarette rolling machine, until the operator has first been certified by the attorney general upon a form prescribed by the attorney general. The attorney general shall annually certify a cigarette rolling machine operator, but only after he has obtained adequate certification from the operator, as set forth in section 39-8423, Idaho Code, and has been provided by the operator sufficient information identifying the operator, the location, the make and brand of the operator’s cigarette rolling machine, and the person(s) from whom the operator will purchase its tobacco for purposes of the operator’s cigarette rolling machine’s manufacturing of cigarettes.
History:
[39-8422, added 2012, ch. 206, sec. 3, p. 549.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 84 - TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Section 39-8424 - VIOLATIONS — ATTORNEY GENERAL AND DISTRICT COURT AUTHORITY — REVOCATION OF CERTIFICATION.

39-8424. VIOLATIONS — ATTORNEY GENERAL AND DISTRICT COURT AUTHORITY — REVOCATION OF CERTIFICATION. (1) Any person who violates any provision of this act, or any certification provided by the attorney general, is subject to the imposition of a civil penalty by the district court in the amount set forth in section 39-8406(1), Idaho Code. The attorney general and the district courts shall have the same authority in enforcing and carrying out the provisions of this section as is granted the attorney general and district courts under sections 39-8406 and 39-8407, Idaho Code, of the Idaho tobacco master settlement agreement complementary act.
(2) In addition to the authority set forth in subsection (1) of this section:
(a) The district court shall have the authority to revoke the cigarette rolling machine operator’s permit issued by the department of health and welfare, pursuant to chapter 57, title 39, Idaho Code, for a period of at least three (3) months but up to one (1) year.
(b) (i) The attorney general may suspend or revoke a cigarette rolling machine operator’s certification for violation of any provisions of this act or the operator’s certification or any rule adopted by the attorney general pursuant to this act.
(ii) A determination by the attorney general to deny a certification application or to suspend or revoke a cigarette rolling machine operator’s certification shall be subject to review in the manner prescribed by Idaho’s administrative procedure act, chapter 52, title 67, Idaho Code. In instances where a certification is suspended or revoked, the cigarette rolling machine operator may not thereafter use or make the machine available for use and shall have ten (10) days after receiving actual notice that its certification has been suspended or revoked to remove the machine from the operator’s commercial premises. If the operator fails to remove the cigarette rolling machine within this time period, the machine shall be deemed contraband and subject to seizure and forfeiture. During the period in which the operator’s certification has been suspended or revoked, the operator may store the machine at a storage site as long as the machine is not used by or available to persons for use to manufacture cigarettes.
(3) No person who manufactures a cigarette using a cigarette rolling machine shall sell or offer that cigarette for sale in this state. This prohibition shall not apply to any person holding a federal license as a cigarette manufacturer.
(4) Unless expressly provided, the remedies or penalties provided by this act are cumulative to each other and to the remedies or penalties available under all other laws of this state.
History:
[39-8424, added 2012, ch. 206, sec. 5, p. 550; am. 2020, ch. 318, sec. 20, p. 916.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 84 - TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Section 39-8425 - RULEMAKING.

39-8425. RULEMAKING. The attorney general may adopt rules to implement this act. With respect to section 39-8423(1)(d), Idaho Code, the attorney general shall adopt rules with an effective date that is no earlier than July 1, 2013. In adopting rules implementing subsection 39-8423(1)(d), Idaho Code, the attorney general may provide for an effective date that is later than July 2, 2013, if, in his discretion, such later effective date is warranted.
History:
[39-8425, added 2012, ch. 206, sec. 6, p. 551.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 85 - LAKE PEND OREILLE, PEND OREILLE RIVER, PRIEST LAKE AND PRIEST RIVER COMMISSION › Section 39-8501 - CREATION OF LAKE PEND OREILLE, PEND OREILLE RIVER, PRIEST LAKE AND PRIEST RIVER COMMISSION.

39-8501. CREATION OF LAKE PEND OREILLE, PEND OREILLE RIVER, PRIEST LAKE AND PRIEST RIVER COMMISSION. There is hereby created in the area in and around Bonner county, the Lake Pend Oreille, Pend Oreille River, Priest Lake and Priest River commission.
History:
[(39-8501) 39-8401, added 2003, ch. 231, sec. 1, p. 591; am. and redesig. 2004, ch. 318, sec. 7, p. 898.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 85 - LAKE PEND OREILLE, PEND OREILLE RIVER, PRIEST LAKE AND PRIEST RIVER COMMISSION › Section 39-8502 - MEMBERSHIP.

39-8502. MEMBERSHIP. The commission shall consist of seven (7) members as follows: a chairman and four (4) members who may be residents of the county of Bonner and shall be selected by the governor; the regional director of the United States fish and wildlife service; and the attorney general of the state of Idaho or the attorney general’s designee. The governor of the state of Montana or the Montana governor’s designee shall be an ex officio member of the commission. The terms of the members shall be three (3) years with the initial term to be staggered in terms of one (1), two (2) and three (3) years by the governor when he makes the appointment. A majority of the commission shall constitute a quorum for the transaction of business. The chairman and the four (4) members appointed by the governor shall be confirmed by the senate. Members shall be compensated as provided in section 59-509(b), Idaho Code.
History:
[(39-8502) 39-8402, added 2003, ch. 231, sec. 1, p. 591; am. and redesig. 2004, ch. 318, sec. 8, p. 898.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 85 - LAKE PEND OREILLE, PEND OREILLE RIVER, PRIEST LAKE AND PRIEST RIVER COMMISSION › Section 39-8503 - DUTIES OF THE COMMISSION.

39-8503. DUTIES OF THE COMMISSION. (1) The Lake Pend Oreille, Pend Oreille River, Priest Lake and Priest River commission shall have:
(a) The duty to study, investigate and select ways and means of controlling the water quality and water quantity as they relate to waters of Lake Pend Oreille, Pend Oreille River, Priest Lake and Priest River for the communities’ interests and interests of the state of Idaho and for the survival of the native species of fish contiguous to the Pend Oreille Priest Basin. Those species are bull trout, westslope cutthroat, mountain white fish, pike minnow and the forage base for bull trout and kokanee salmon;
(b) The authority to study, investigate, develop and select strategies with the department of water resources, the department of environmental quality, the department of fish and game, the department of lands, the United States fish and wildlife service, and the U.S. army corps of engineers for the preservation of the said species of native fish, scenic beauty, health, recreation, transportation and commercial purposes necessary and desirable for all the inhabitants of the state;
(c) The authority to receive and direct any mitigation moneys into the Lake Pend Oreille, Pend Oreille River, Priest Lake and Priest River commission fund created in section 39-8504, Idaho Code; and
(d) The authority to designate one (1) or more representatives to participate in proceedings relating to the Columbia River Basin, including but not limited to those of the Albeni Falls mitigation work group, the technical management team and other proceedings regarding federal Columbia River power system operations, the Columbia River treaty, and the Idaho invasive species council.
(2) Nothing in this section shall be construed to authorize the commission to establish or require minimum stream flows or lake levels, which may only be established under the provisions of chapter 15, title 42, Idaho Code.
History:
[(39-8503) 39-8403, added 2003, ch. 231, sec. 1, p. 591; am. and redesig. 2004, ch. 318, sec. 9, p. 899; am. 2018, ch. 63, sec. 1, p. 154.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 85 - LAKE PEND OREILLE, PEND OREILLE RIVER, PRIEST LAKE AND PRIEST RIVER COMMISSION › Section 39-8504 - LAKE PEND OREILLE, PEND OREILLE RIVER, PRIEST LAKE AND PRIEST RIVER COMMISSION FUND ESTABLISHED.

39-8504. LAKE PEND OREILLE, PEND OREILLE RIVER, PRIEST LAKE AND PRIEST RIVER COMMISSION FUND ESTABLISHED. There is hereby created in the state treasury the Lake Pend Oreille, Pend Oreille River, Priest Lake and Priest River commission fund. Moneys in the fund may consist of appropriations, federal funds, mitigation moneys, donations or moneys of any source. Moneys in the fund may be dispersed for necessary corrective actions to complete the corrective measures as they pertain to duties of the commission created under this chapter. The release of any mitigation funds from the fund shall be authorized by the state board of examiners. Moneys in the fund may also be used to pay the administrative costs of the commission and to provide for participation in proceedings relating to the Columbia River Basin, as authorized under the provisions of section 39-8503, Idaho Code.
History:
[(39-8504) 39-8404, added 2003, ch. 231, sec. 1, p. 592; am. and redesig. 2004, ch. 318, sec. 10, p. 899; am. 2018, ch. 63, sec. 2, p. 155.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 86 - IDAHO ELEVATOR SAFETY CODE ACT › Section 39-8601 - SHORT TITLE.

39-8601. SHORT TITLE. This chapter shall be known and may be cited as the "Elevator Safety Code Act."
History:
[39-8601, added 2004, ch. 359, sec. 1, p. 1067.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 86 - IDAHO ELEVATOR SAFETY CODE ACT › Section 39-8602 - LEGISLATIVE FINDINGS AND INTENT.

39-8602. LEGISLATIVE FINDINGS AND INTENT. (1) The purpose of this chapter is to provide for safety of life and limb and to ensure that the safe design, mechanical and electrical operation, erection, installation, alteration, maintenance, inspection and repair of elevators, escalators, moving walks, platform lifts, material lifts, and dumbwaiters, and all such operation, erection, installation, alteration, maintenance, inspection and repair subject to the provisions of this chapter shall be reasonably safe to persons and property and in conformity with the provisions of this chapter. The use of unsafe and defective lifting devices imposes a substantial probability of serious and preventable injury to employees and the public exposed to unsafe conditions. The prevention of these injuries and the protection of employees and the public from unsafe conditions is in the best interest of the people of this state. Personnel performing work covered by this chapter must, by documented training or experience or both, be familiar with the operation and safety functions of the components and equipment and be licensed in accordance with this chapter. Training and experience shall include, but are not limited to, recognizing the safety hazards and performing the procedures to which they are assigned in conformance with the requirements of this chapter. This chapter establishes the minimum acceptable standards for personnel performing all inspections required in this chapter.
(2) This chapter is not intended to prevent the use of systems, methods or devices of equivalent or superior quality, strength, fire resistance, code effectiveness, durability and safety to those required by this chapter, provided that there is technical documentation to demonstrate the equivalency of the system, method or device, as prescribed in this chapter and the rules adopted under this chapter.
History:
[39-8602, added 2004, ch. 359, sec. 1, p. 1067.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 86 - IDAHO ELEVATOR SAFETY CODE ACT › Section 39-8604 - ENFORCEMENT.

39-8604. ENFORCEMENT. The administrator shall enforce the provisions of this chapter. Local governments shall not adopt codes or institute enforcement programs with regard to conveyances.
History:
[39-8604, added 2004, ch. 359, sec. 1, p. 1069.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 86 - IDAHO ELEVATOR SAFETY CODE ACT › Section 39-8605 - ADMINISTRATOR’S RULEMAKING AUTHORITY.

39-8605. ADMINISTRATOR’S RULEMAKING AUTHORITY. The administrator may adopt rules and codes governing the operation, installation, alteration, maintenance, inspection and repair of conveyances and shall adopt minimum standards governing existing installations. The administrator may adopt such rules and fees as are reasonably necessary to establish and administer the provisions of this chapter.
History:
[39-8605, added 2004, ch. 359, sec. 1, p. 1069.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 86 - IDAHO ELEVATOR SAFETY CODE ACT › Section 39-8606 - SCOPE — EXEMPTIONS.

39-8606. SCOPE — EXEMPTIONS. (a) The provisions of this chapter shall apply to all conveyances within the state of Idaho except the following or as provided in subsection (b) of this section:
(1) Conveyances located in private residences;
(2) Conveyances in federally owned facilities;
(3) Conveyances permanently removed from service or made effectively inoperative; and
(4) Conveyances erected temporarily for use only during construction work that are of such a design that they must be operated by a workman stationed at the hoisting machine.
(b) Conveyances erected before July 1, 2004, pursuant to section 39-8614(3), Idaho Code, are subject only to the requirements of the safety code for existing elevators and escalators (ASME A17.3). Such conveyances, however, shall also be exempted from any requirements of that ASME A17.3 requiring conveyances to be modified with upgrades or replacements that would fall within the definition of "modernization" as defined in section 39-8603, Idaho Code, or to be modified with additional safety features falling within the definition of "alteration" unless:
(1) The total cost of the modification is less than five thousand dollars ($5,000); or
(2) The conveyance is not situated in a privately owned business facility; or
(3) The facility in which the conveyance is located is being altered, as defined within the provisions and guidelines applicable to the Americans with disabilities act of 1990 and amendments thereto, provided that said alterations are significant in that they affect the accessibility of the majority of floor space on at least one (1) floor of the building.
History:
[39-8606, added 2004, ch. 359, sec. 1, p. 1069; am. 2012, ch. 42, sec. 1, p. 130.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 86 - IDAHO ELEVATOR SAFETY CODE ACT › Section 39-8607 - INSPECTIONS.

39-8607. INSPECTIONS. On and after July 1, 2004, all installations and periodic inspections required by this chapter shall be performed by a QEI as defined in this chapter.
History:
[39-8607, added 2004, ch. 359, sec. 1, p. 1070.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 86 - IDAHO ELEVATOR SAFETY CODE ACT › Section 39-8608 - INSTALLATION PERMITS REQUIRED — APPLICATION — POSTING — EXCEPTIONS — OTHER LICENSES, PERMITS AND INSPECTIONS.

39-8608. INSTALLATION PERMITS REQUIRED — APPLICATION — POSTING — EXCEPTIONS — OTHER LICENSES, PERMITS AND INSPECTIONS. (1) On and after July 1, 2004, it shall be unlawful for any person to do, or cause or permit to be done, whether acting as principal, agent or employee, any installation or major alteration of any conveyance in the state of Idaho without first procuring an installation permit from the division of occupational and professional licenses authorizing the work to be done.
(2) The owner of a conveyance shall submit an application for the permit in a form that the division may prescribe. A copy of the plans or specifications for the installation, erection, major alteration, or relocation shall be attached to the permit application.
(3) The permit issued by the division shall be kept posted conspicuously at the site of installation.
(4) No installation permit is required for repairs and replacement normally necessary for maintenance and made with parts of equivalent materials, strength and design, or for installations and major alterations that have been commenced prior to July 1, 2004, or for new installations let for bid prior to November 1, 2002.
(5) The installation permit and inspections required in this chapter are not exclusive. Installations and major alterations of conveyances as herein defined may be subject to licensing, permitting and inspection requirements set forth in other provisions of law.
History:
[39-8608, added 2004, ch. 359, sec. 1, p. 1070; am. 2023, ch. 15, sec. 21, p. 87.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 86 - IDAHO ELEVATOR SAFETY CODE ACT › Section 39-8609 - RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF EQUIPMENT AND FOR PERIODIC TESTS.

39-8609. RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF EQUIPMENT AND FOR PERIODIC TESTS. (1) The person installing or altering a conveyance is responsible for its operation and maintenance until the division has issued an operating certificate for the conveyance. The owner is responsible for all tests of a new, relocated or altered conveyance until the division has issued an operating permit for the conveyance.
(2) The owner shall be responsible for the safe operation and proper maintenance of the conveyance after the division has issued the operating certificate and also during the period of effectiveness of any temporary operating permit. The owner shall be responsible for assuring that all required periodic tests are performed by a QEI as defined in this chapter.
History:
[39-8609, added 2004, ch. 359, sec. 1, p. 1070.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 86 - IDAHO ELEVATOR SAFETY CODE ACT › Section 39-8610 - TEMPORARY CERTIFICATE TO OPERATE.

39-8610. TEMPORARY CERTIFICATE TO OPERATE. A temporary certificate to operate may be issued by the administrator. No temporary certificate shall be issued when life-safety nonconformances are present. Before the expiration of the temporary certificate, the conveyance shall be reinspected and a five (5) year certificate to operate shall be issued or the conveyance shall be put out of service.
History:
[39-8610, added 2004, ch. 359, sec. 1, p. 1070; am. 2011, ch. 24, sec. 1, p. 65.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 86 - IDAHO ELEVATOR SAFETY CODE ACT › Section 39-8611 - CERTIFICATE TO OPERATE.

39-8611. CERTIFICATE TO OPERATE. (1) Inspection and certificate. No conveyance shall be placed into operation until an inspection has been performed and a certificate to operate has been issued by the division.
(2) Inspection prior to issuance. A certificate to operate may be issued only if, after a thorough inspection, the QEI finds that the conveyance meets the required safety standards. If the conveyance is found to be unsafe, the division shall prohibit the use of the conveyance until it is made safe. Conveyances shall comply with the codes set forth in section 39-8614, Idaho Code.
(3) Term of certificate. A certificate to operate shall be in effect for five (5) years, provided that the conveyance continues to meet the requirements of the appropriate codes as evidenced by annual inspections.
(4) Revocation of certificate. The certificate to operate shall remain the property of the state of Idaho and may be revoked at any time if the conveyance fails to meet the requirements of the appropriate codes or if the annual certification fee is not paid.
History:
[39-8611, added 2004, ch. 359, sec. 1, p. 1070; am. 2007, ch. 137, sec. 1, p. 397.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 86 - IDAHO ELEVATOR SAFETY CODE ACT › Section 39-8612 - OPERATION WITHOUT CERTIFICATE MAY BE ENJOINED.

39-8612. OPERATION WITHOUT CERTIFICATE MAY BE ENJOINED. Whenever any conveyance is being operated without a certificate required by this chapter, the administrator may apply to the district court of the county in which the conveyance is located for a temporary restraining order or a temporary or permanent injunction restraining the operation of the conveyance until the division issues a certificate to operate. Notwithstanding any other provision of law, the division shall not be required to post a bond.
History:
[39-8612, added 2004, ch. 359, sec. 1, p. 1071.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 86 - IDAHO ELEVATOR SAFETY CODE ACT › Section 39-8613 - ORDER TO DISCONTINUE OPERATION — NOTICE — CONDITIONS — CONTENTS OF ORDER — RESCISSION OF ORDER — VIOLATION — PENALTY — RANDOM INSPECTIONS.

39-8613. ORDER TO DISCONTINUE OPERATION — NOTICE — CONDITIONS — CONTENTS OF ORDER — RESCISSION OF ORDER — VIOLATION — PENALTY — RANDOM INSPECTIONS. (1) The administrator may order the owner or person operating a conveyance to discontinue the operation of a conveyance, and may place a notice that states that the conveyance shall not be operated, in a conspicuous place in the conveyance if the conveyance:
(a) Has not been constructed, installed, maintained or repaired in accordance with the requirements of this chapter; or
(b) Has otherwise become unsafe.
(2) The administrator’s order is effective immediately and shall not be stayed by a request for an administrative hearing.
(3) The administrator shall prescribe a form for the order to discontinue operation. The order shall specify why the conveyance violates this chapter or is otherwise unsafe.
(4) The administrator shall rescind the order to discontinue operation if the conveyance is fixed or modified to bring it into compliance with this chapter.
(5) An owner or a person that knowingly operates or allows the operation of a conveyance in contravention of an order to discontinue operation, or that removes a notice not to operate, is:
(a) Guilty of a misdemeanor; and
(b) Subject to a civil penalty.
(6) The division may conduct random on-site inspections and tests on existing installations and may witness periodic inspections and testing in order to ensure satisfactory performance.
(7) Administrative hearings of appeals from orders issued by the administrator shall be governed by the provisions of the Idaho administrative procedure act, chapter 67 [52], title 52 [67], Idaho Code.
History:
[39-8613, added 2004, ch. 359, sec. 1, p. 1071.]