reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 26 - CLANDESTINE DRUG LABORATORY CLEANUP ACT › Section 6-2602 - PURPOSE.

6-2602. PURPOSE. The legislature finds that some residential properties are being contaminated with hazardous chemical residues created by the manufacture of clandestine drugs. Innocent members of the public may be harmed when they are exposed to chemical residues if the residential properties are not decontaminated prior to any subsequent rental, sale or use of the properties. The purpose of this chapter is to protect the public health, safety and welfare by authorizing the department of health and welfare to establish a program providing a process and standards for the cleanup of clandestine drug laboratories.
History:
[6-2602, added 2005, ch. 215, sec. 1, p. 687.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 26 - CLANDESTINE DRUG LABORATORY CLEANUP ACT › Section 6-2603 - DEFINITIONS.

6-2603. DEFINITIONS. As used in this chapter, unless the context otherwise requires:
(1) "Clandestine drug laboratory" means the areas where controlled substances or their immediate precursors, as those terms are defined in section 37-2701, Idaho Code, have been, or were attempted to be, manufactured, processed, cooked, disposed of or stored, and all proximate areas that are likely to be contaminated as a result of such manufacturing, processing, cooking, disposing or storing.
(2) "Department" means the Idaho department of health and welfare.
(3) "Law enforcement agency" means any policing agency of the state or of any political subdivision of the state.
(4) "Residential property" means any building or structure to be primarily occupied by people, either as a dwelling or as a business, including a storage facility, mobile home, manufactured home or recreational vehicle that may be sold, leased or rented for any length of time. "Residential property" does not include any water system, sewer system, land or water outside of a building or structure.
(5) "Residential property owner" means the person holding record title to residential property, as defined in this section.
History:
[6-2603, added 2005, ch. 215, sec. 1, p. 687.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 26 - CLANDESTINE DRUG LABORATORY CLEANUP ACT › Section 6-2604 - RULES.

6-2604. RULES. The department shall promulgate rules establishing the acceptable process and standards for the cleanup of clandestine drug laboratories. The department shall also promulgate rules establishing a program for addition to, and removal from, a list of residential properties that housed a clandestine drug laboratory.
History:
[6-2604, added 2005, ch. 215, sec. 1, p. 687.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 26 - CLANDESTINE DRUG LABORATORY CLEANUP ACT › Section 6-2605 - LAW ENFORCEMENT AGENCY RESPONSIBILITY.

6-2605. LAW ENFORCEMENT AGENCY RESPONSIBILITY. Following the adoption of rules pursuant to section 6-2604, Idaho Code, and using a format established by the department, a law enforcement agency, upon locating chemicals, equipment, supplies or immediate precursors indicative of a clandestine drug laboratory on a residential property, shall notify the residential property owner and the department.
History:
[6-2605, added 2005, ch. 215, sec. 1, p. 688.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 26 - CLANDESTINE DRUG LABORATORY CLEANUP ACT › Section 6-2606 - RESIDENTIAL PROPERTY OWNER CLEANUP RESPONSIBILITY.

6-2606. RESIDENTIAL PROPERTY OWNER CLEANUP RESPONSIBILITY. (1) Except as otherwise provided in subsection (2) of this section, and pursuant to rules adopted as provided in this chapter, upon notification to a residential property owner by a law enforcement agency that chemicals, equipment, supplies or immediate precursors indicative of a clandestine drug laboratory have been located on the owner’s residential property, the residential property owner shall meet the cleanup standards established by the department. The residential property shall remain vacant from the time the residential property owner is notified, in accordance with rules adopted as provided in this chapter, of the clandestine drug laboratory until such time as the residential property owner has received a certificate issued by the department evidencing that the cleanup standards have been met.
(2) A residential property owner may, at his or her option, elect to demolish the residential property instead of meeting the cleanup standards established by the department.
History:
[6-2606, added 2005, ch. 215, sec. 1, p. 688.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 26 - CLANDESTINE DRUG LABORATORY CLEANUP ACT › Section 6-2607 - RESIDENTIAL PROPERTY OWNER IMMUNITY.

6-2607. RESIDENTIAL PROPERTY OWNER IMMUNITY. Once a residential property meets the cleanup standards established by the department pursuant to rules adopted as provided in this chapter, the residential property owner and any representative or agent of the residential property owner shall be immune from civil actions involving health claims brought by any future owner, renter or other person who occupies the residential property, and by any neighbor of such residential property, where the alleged cause of injury or loss is based upon the use of the residential property for the purposes of a clandestine drug laboratory, provided however, that such immunity shall not apply to any person alleged to have produced the clandestine drugs.
History:
[6-2607, added 2005, ch. 215, sec. 1, p. 688.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 26 - CLANDESTINE DRUG LABORATORY CLEANUP ACT › Section 6-2608 - VOLUNTARY COMPLIANCE.

6-2608. VOLUNTARY COMPLIANCE. Any residential property owner who chooses to voluntarily and successfully accomplish the cleanup standards established by the department pursuant to rules adopted as provided in this chapter, whether or not such owner was notified by a law enforcement agency, shall be afforded the protections from civil actions provided in section 6-2607, Idaho Code.
History:
[6-2608, added 2005, ch. 215, sec. 1, p. 688.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 27 - IDAHO SPORT SHOOTING ACTIVITIES IMMUNITY ACT › Section 6-2701 - DEFINITIONS.

6-2701. DEFINITIONS. As used in this chapter:
(1) "Engaged in sport shooting activities" means entering and exiting a sport shooting range, preparing to shoot, waiting to shoot, shooting and assisting another person in shooting. The term includes being a spectator, receiving training or otherwise being present on a sport shooting range for any reason;
(2) "Participant" means any person who engages in sport shooting activities, whether or not a fee is paid to participate in such sport shooting activities;
(3) "Sport shooting activities" means the use of firearms, airguns and archery equipment for target practice, competition, training, instruction or other similar activities;
(4) "Sport shooting instructor" means a person who holds a current instructor certification issued by the Idaho department of fish and game, the Idaho state police, the national rifle association or other nationally recognized organization, which certifies shooting instructors who are engaged, whether or not for compensation, in instructing, training or coaching a participant in sport shooting activities;
(5) "Sport shooting official” means a person who holds a current certification as a referee, match director, range officer, range master or other similar function issued by the national rifle association, United States practical shooting association, national range officers institute, USA shooting, international shooting sports federation or other nationally or internationally recognized organization which certifies match officials who are engaged in supervising sport shooting activities;
(6) "Sport shooting range" or "range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery or any other similar sport shooting;
(7) "Sport shooting range operator" means an individual, group or club, partnership, limited liability company or corporation, whether or not operating for profit, which owns, operates or otherwise provides a range for sport shooting activities; and
(8) "Sport shooting sponsor" means an individual, group or club, partnership, limited liability company or corporation, whether or not operating for profit, which promotes or conducts sport shooting activities.
History:
[6-2701, added 2009, ch. 195, sec. 1, p. 628.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 27 - IDAHO SPORT SHOOTING ACTIVITIES IMMUNITY ACT › Section 6-2702 - LIMITATION OF LIABILITY ON SPORT SHOOTING ACTIVITIES.

6-2702. LIMITATION OF LIABILITY ON SPORT SHOOTING ACTIVITIES. (1) Except as provided in subsection (2) or (3) of this section, a sport shooting range operator, sport shooting sponsor, sport shooting official or sport shooting instructor shall not be liable for any injury, including an injury causing death, to a participant engaged in sport shooting activities and, except as provided in subsection (2) or (3) of this section, no participant or participant’s representative, may maintain an action against, or recover from, a sport shooting range operator, sport shooting sponsor, sport shooting official or sport shooting instructor for an injury to, or the death of, a participant engaged in sport shooting activities.
(2) Nothing in subsection (1) of this section shall prevent or limit the liability of a sport shooting range operator, sport shooting sponsor, sport shooting official or sport shooting range instructor:
(a) If the sport shooting range operator, sport shooting sponsor, sport shooting official or sport shooting instructor:
(i) Commits an act or omission that constitutes gross negligence or willful and wanton disregard for the safety of the participant and that act or omission caused the injury;
(ii) Intentionally injures the participant;
(iii) Fails to exercise ordinary care in the sport shooting range operator’s, sport shooting sponsor’s, sport shooting official’s or sport shooting instructor’s own use of a firearm, airgun or archery equipment; or
(iv) Provides firearms, airguns or archery equipment to a participant and fails to exercise ordinary care to determine that the provided firearms, airguns or archery equipment are in a safe operating condition.
(b) Under liability provisions as set forth in the products liability laws;
(c) Under the liability provisions set forth in chapter 9, title 6, Idaho Code; or
(d) Under the provisions of the Idaho worker’s compensation law, section 72-101, Idaho Code, et seq.
(3) Nothing in subsection (1) of this section shall prevent or limit the liability of a sport shooting range operator if a participant sustains an injury because of a dangerous latent condition which was known or should have been known to the sport shooting range operator and for which warning signs had not been conspicuously posted.
(4) Nothing in this section shall be construed to enlarge or otherwise adversely affect the liability of any party. This section shall not be construed to impair any defense and any other immunity or bar to a civil lawsuit shall remain in effect.
History:
[6-2702, added 2009, ch. 195, sec. 1, p. 629.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 28 - LIABILITY OF OUT-OF-STATE EMERGENCY RESPONDER › Section 6-2801 - DEFINITIONS.

6-2801. DEFINITIONS. As used in this chapter:
(1) "Emergency" means the occurrence or imminent threat of a condition threatening life or property which requires emergency assistance.
(2) "Emergency responder" means a person employed by or who is a bona fide member of a governmental entity of another state of the United States including, but not limited to, a legally organized law enforcement agency, a legally organized fire department or a licensed emergency medical service provider, and whose primary duty is to serve or protect the safety or life of any person or to protect property. Emergency responder includes, but is not limited to, peace officers, firefighters, ambulance attendants, emergency medical technicians, search and rescue personnel and park rangers.
History:
[6-2801, added 2010, ch. 138, sec. 1, p. 292.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 28 - LIABILITY OF OUT-OF-STATE EMERGENCY RESPONDER › Section 6-2802 - LIABILITY OF OUT-OF-STATE EMERGENCY RESPONDER.

6-2802. LIABILITY OF OUT-OF-STATE EMERGENCY RESPONDER. An emergency responder who enters this state in response to an emergency shall not be liable to another person for damages or injury arising from the conduct of the emergency responder in rendering services in response to an emergency unless it is shown that the emergency responder caused injury or damages to such person as a proximate result of his reckless, grossly negligent or intentional misconduct.
History:
[6-2802, added 2010, ch. 138, sec. 1, p. 292.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 29 - LIVESTOCK ACTIVITIES IMMUNITY ACT › Section 6-2901 - DEFINITIONS.

6-2901. DEFINITIONS. For purposes of this section, the following terms have the following meanings:
(1) "Livestock" means cattle, sheep, swine, goats, llamas, alpacas or poultry.
(2) "Livestock activity" means livestock shows, fairs, competitions, performances, races or parades.
(3) "Livestock activity sponsor" means an individual, group or club, partnership or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes or provides the facilities for a livestock activity including, but not limited to, 4-H clubs, school and college sponsored classes and programs and operators, instructors and promoters of livestock facilities including, but not limited to, fairs and arenas at which the activity is held.
(4) "Livestock professional" means a person engaged for compensation in:
(a) Instructing a participant or renting livestock to a participant; or
(b) Renting equipment to a participant.
(5) "Participant" means any person, whether amateur or professional, who directly engages in a livestock activity, whether or not a fee is paid to participate in the livestock activity.
History:
[(6-2901) 6-2801, added 2010, ch. 138, sec. 1, p. 292; am. and redesig. 2011, ch. 151, sec. 5, p. 415.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 29 - LIVESTOCK ACTIVITIES IMMUNITY ACT › Section 6-2902 - LIMITATION OF LIABILITY ON LIVESTOCK ACTIVITIES.

6-2902. LIMITATION OF LIABILITY ON LIVESTOCK ACTIVITIES. (1) Except as provided in subsections (2) and (3) of this section, a livestock activity sponsor or a livestock professional shall not be liable for any injury to or the death of a participant or livestock engaged in a livestock activity and, except as provided in subsections (2) and (3) of this section, no participant nor participant’s representative may maintain an action against or recover from a livestock activity sponsor or a livestock professional for an injury to or the death of a participant or livestock engaged in a livestock activity.
(2) The provisions of this chapter do not apply to the horse or mule racing industry as regulated in chapter 25, title 54, Idaho Code, or to equines regulated in chapter 18, title 6, Idaho Code.
(3) Nothing in subsection (1) of this section shall prevent or limit the liability of a livestock activity sponsor or a livestock professional:
(a) If the livestock activity sponsor or the livestock professional:
(i) Provided equipment and the equipment caused the injury;
(ii) Provided the livestock and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the livestock activity, determine the ability of the livestock to behave safely with the participant, and to determine the ability of the participant to safely manage the particular livestock;
(iii) Owns, leases, rents or otherwise is in lawful possession and control of the land or facilities upon which the participant or livestock sustained injuries because of a dangerous latent condition which was known to or should have been known to the livestock activity sponsor or the livestock professional and for which warning signs have not been conspicuously posted;
(iv) Commits an act or omission that is unreasonable or willfully disregards the safety of the participant or livestock and that act or omission caused the injury; or
(v) Intentionally injures the participant or livestock;
(b) Under liability provisions as set forth in the products liability laws; or
(c) Under the liability provisions set forth in chapter 9, title 6, Idaho Code.
History:
[(6-2902) 6-2802, added 2010, ch. 138, sec. 1, p. 292; am. and redesig. 2011, ch. 151, sec. 6, p. 416.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 30 - IDAHO AGRITOURISM PROMOTION ACT › Section 6-3001 - SHORT TITLE.

6-3001. SHORT TITLE. This act shall be known as the "Idaho Agritourism Promotion Act."
History:
[6-3001, added 2013, ch. 177, sec. 1, p. 412.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 30 - IDAHO AGRITOURISM PROMOTION ACT › Section 6-3002 - PURPOSE.

6-3002. PURPOSE. The legislature finds that agriculture plays a substantial role in the economy, culture and history of Idaho. As an increasing number of Idahoans are removed from day-to-day agricultural experiences, agritourism provides a valuable opportunity for the general public to interact with, experience and understand agriculture. Inherent risks exist on farms and ranches, the elimination of which would diminish the agritourism experience. Uncertainty of potential liability associated with inherent risks has a negative impact on the establishment and success of agritourism operations.
History:
[6-3002, added 2013, ch. 177, sec. 1, p. 412.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 30 - IDAHO AGRITOURISM PROMOTION ACT › Section 6-3003 - DEFINITIONS.

6-3003. DEFINITIONS. As used in this chapter, the term:
(1) "Agritourism activity" means any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment or educational purposes, to view or enjoy rural activities including, but not limited to, farming, ranching, historic, cultural, on-site educational programs, recreational farming programs that may include on-site hospitality services, guided and self-guided tours, bed and breakfast accommodations, petting zoos, farm festivals, corn mazes, harvest-your-own operations, hayrides, barn parties, horseback riding, fee fishing and camping. An activity is an agritourism activity whether or not the participant paid to participate in the activity.
(2) "Agritourism professional" means any person who is engaged in the business of providing one (1) or more agritourism activities, whether or not for compensation.
(3) "Inherent risks of agritourism activity" means those dangers or conditions that are an integral part of an agritourism activity including certain hazards, including surface and subsurface conditions, natural conditions of land, vegetation, waters, the behavior of wild or domestic animals and ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. Inherent risks of agritourism activity also include the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in the agritourism activity.
(4) "Participant" means any person, other than the agritourism professional, who engages in an agritourism activity.
(5) "Person" means an individual, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government or any other group acting as a unit.
History:
[6-3003, added 2013, ch. 177, sec. 1, p. 412.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 30 - IDAHO AGRITOURISM PROMOTION ACT › Section 6-3004 - LIABILITY.

6-3004. LIABILITY. (1) Except as provided in subsection (2) of this section, an agritourism professional is not liable for injury to or death of a participant resulting from the inherent risks of agritourism activities, so long as the warning contained in section 6-3005, Idaho Code, is posted as required and, except as provided in subsection (2) of this section, no participant or participant’s representative can maintain an action against or recover from an agritourism professional for injury, loss, damage or death of the participant resulting from any of the inherent risks of agritourism activities. In any action for damages against an agritourism professional for agritourism activities, the agritourism professional must plead the affirmative defense of assumption of the risk of agritourism activity by the participant.
(2) Nothing in subsection (1) of this section prevents or limits the liability of an agritourism professional if the agritourism professional does any one (1) or more of the following:
(a) Commits an act or omission that constitutes negligence or willful or wanton disregard for the safety of the participant, and that act or omission proximately causes injury, damage or death to the participant;
(b) Has actual knowledge or reasonably should have known of a dangerous condition on the land, facilities or equipment used in the activity or the dangerous propensity of a particular animal used in such activity and does not make the danger known to the participant, and the danger proximately causes injury, damage or death to the participant.
(3) Any limitation on legal liability afforded by this section to an agritourism professional is in addition to any other limitations of legal liability otherwise provided by law.
History:
[6-3004, added 2013, ch. 177, sec. 1, p. 412.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 30 - IDAHO AGRITOURISM PROMOTION ACT › Section 6-3005 - WARNING REQUIRED.

6-3005. WARNING REQUIRED. (1) Every agritourism professional must post and maintain signs that contain the warning notice specified in subsection (2) of this section. The sign must be placed in a clearly visible location at the entrance to the agritourism location and at the site of the agritourism activity. The warning notice must consist of a sign in black letters, with each letter to be a minimum of one (1) inch in height. Every written contract entered into by an agritourism professional for the providing of professional services, instruction or the rental of equipment to a participant, whether or not the contract involves agritourism activities on or off the location or at the site of the agritourism activity, must contain in clearly readable print the warning notice specified in subsection (2) of this section.
(2) The signs and contracts described in subsection (1) of this section must contain the following notice of warning:
WARNING
Under Idaho law, there are risks associated with agritourism, which could lead to injury or death. You are assuming these risks. Section 6-3004, Idaho Code.
(3) Failure to comply with the requirements concerning warning signs and notices provided in this section shall prevent an agritourism professional from invoking the privileges of immunity provided by the provisions of this chapter.
History:
[6-3005, added 2013, ch. 177, sec. 1, p. 413.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 30 - IDAHO AGRITOURISM PROMOTION ACT › Section 6-3006 - TAXATION STATUS.

6-3006. TAXATION STATUS. The use of a farm or ranch to conduct an agritourism activity shall not affect the assessment of the property as land actively devoted to agriculture as provided in section 63-604, Idaho Code.
History:
[6-3006, added 2013, ch. 177, sec. 1, p. 413.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 31 - LIABILITY OF LAND POSSESSOR TO TRESPASSER › Section 6-3101 - DUTY OF LAND POSSESSOR TO TRESPASSER.

6-3101. DUTY OF LAND POSSESSOR TO TRESPASSER. A possessor of any interest in real property, including an owner, lessee or other lawful occupant, owes no duty of care to a trespasser, except to refrain from intentional or willful and wanton acts that cause injury to the trespasser.
History:
[6-3101, added 2018, ch. 350, sec. 4, p. 828.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 31 - LIABILITY OF LAND POSSESSOR TO TRESPASSER › Section 6-3102 - ATTRACTIVE NUISANCE.

6-3102. ATTRACTIVE NUISANCE. Nothing in this chapter shall affect the common law doctrine of attractive nuisance.
History:
[6-3102, added 2018, ch. 350, sec. 4, p. 828.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 31 - LIABILITY OF LAND POSSESSOR TO TRESPASSER › Section 6-3103 - APPLICABILITY.

6-3103. APPLICABILITY. This chapter does not create or increase the liability of any possessor of real property and does not affect any other statutory or common law immunities from or defenses to civil liability to which a possessor of real property may be entitled.
History:
[6-3103, added 2018, ch. 350, sec. 4, p. 828.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 32 - FOREIGN DEFAMATION JUDGMENTS › Section 6-3201 - DEFINITIONS.

6-3201. DEFINITIONS. For purposes of this chapter:
(1) "Foreign defamation action" means a legal proceeding instituted in a jurisdiction outside of any state or territory of the United States which was founded on a cause of action arising from allegations of defamation, libel, or slander.
(2) "Foreign defamation judgment" means a judgment or decree rendered in a jurisdiction outside of any state or territory of the United States which was founded on a cause of action arising from allegations of defamation, libel, or slander.
History:
[6-3201, added 2019, ch. 293, sec. 1, p. 872.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 33 - RESPONSIBILITIES AND LIABILITIES OF BICYCLISTS AND MOUNTAIN OPERATORS › Section 6-3301 - LEGISLATIVE PURPOSE.

6-3301. LEGISLATIVE PURPOSE. The legislature finds that the sport of bicycling is practiced by a large number of citizens of this state at mountain areas and also attracts a large number of nonresidents, significantly contributing to the economy of Idaho. Since it is recognized that there are inherent risks in the sport of bicycling that should be understood by each bicyclist and that are essentially impossible to eliminate by the mountain operators, it is the purpose of this chapter to define those areas of responsibility and affirmative acts for which mountain operators shall be liable for loss, damage, or injury and to define those risks that the bicyclist expressly assumes and for which there can be no recovery. Nothing in this chapter shall impact other defenses that may be raised by mountain operators against claims asserted by bicyclist.
History:
[6-3301, added 2020, ch. 329, sec. 1, p. 949.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 33 - RESPONSIBILITIES AND LIABILITIES OF BICYCLISTS AND MOUNTAIN OPERATORS › Section 6-3302 - DEFINITIONS.

6-3302. DEFINITIONS. The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section.
(1) "Aerial passenger tramway" means any device operated by a mountain operator used to transport passengers by single or double reversible tramway; chairlift or gondola lift; T-bar lift, J-bar lift, platter lift, or similar device; a fiber rope or wire rope tow, or a conveyor that is subject to regulations adopted by the proper authority.
(2) "Bicyclist" means any person present at a mountain area under the control of a mountain operator for the purpose of engaging in activities, including but not limited to bicycling downhill or uphill, jumping on a bicycle or any other cycling device, or who is using any mountain area. "Bicyclist" does not include a person using an aerial passenger tramway.
(3) "Mountain area" means the property owned, leased, or authorized under a special use permit and under the control of the mountain operator within the state of Idaho.
(4) "Mountain operator" means any person, partnership, corporation, or other commercial entity, and its agents, officers, employees, or representatives, who has operational responsibility for nonwinter activities at any mountain area and the use of an aerial passenger tramway during spring, summer, and fall.
(5) "Passenger" means any person who is lawfully using an aerial passenger tramway or is waiting to embark or has recently disembarked from an aerial passenger tramway and is in its immediate vicinity.
History:
[6-3302, added 2020, ch. 329, sec. 1, p. 949.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 33 - RESPONSIBILITIES AND LIABILITIES OF BICYCLISTS AND MOUNTAIN OPERATORS › Section 6-3303 - DUTIES OF MOUNTAIN OPERATORS WITH RESPECT TO MOUNTAIN AREAS.

6-3303. DUTIES OF MOUNTAIN OPERATORS WITH RESPECT TO MOUNTAIN AREAS. Every mountain operator shall have the following duties with respect to operation of a mountain area:
(1) To maintain one (1) or more trail boards at prominent locations at each mountain area displaying that area’s network of trails;
(2) To post a sign at the bottom of all aerial passenger tramways that advises the passengers to seek advice if not familiar with riding the aerial passenger tramway; and
(3) To not intentionally or negligently cause injury to any person; provided, that except for the duties of the operator set forth in this section and in section 6-3304, Idaho Code, the mountain operator shall have no duty to eliminate, alter, control, or lessen the risks inherent in the sport of bicycling that include but are not limited to those described in section 6-3306, Idaho Code.
History:
[6-3303, added 2020, ch. 329, sec. 1, p. 950.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 33 - RESPONSIBILITIES AND LIABILITIES OF BICYCLISTS AND MOUNTAIN OPERATORS › Section 6-3304 - DUTIES OF MOUNTAIN OPERATORS WITH RESPECT TO AERIAL PASSENGER TRAMWAYS.

6-3304. DUTIES OF MOUNTAIN OPERATORS WITH RESPECT TO AERIAL PASSENGER TRAMWAYS. Every mountain operator shall have the duty to construct, operate, maintain, and repair any aerial passenger tramway in accordance with the American national standards safety requirements for aerial passenger tramways.
History:
[6-3304, added 2020, ch. 329, sec. 1, p. 950.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 33 - RESPONSIBILITIES AND LIABILITIES OF BICYCLISTS AND MOUNTAIN OPERATORS › Section 6-3305 - DUTIES OF PASSENGERS.

6-3305. DUTIES OF PASSENGERS. Every passenger shall have the duty to not:
(1) Board or embark upon or disembark from an aerial passenger tramway except at an area designated for such purpose;
(2) Drop, throw, or expel any object from an aerial passenger tramway;
(3) Perform any act that interferes with the running or operation of an aerial passenger tramway;
(4) Use any aerial passenger tramway if the passenger does not have the ability to use it safely without instruction, until the passenger has requested and received sufficient instruction to permit safe usage;
(5) Embark on an aerial passenger tramway without the authority of the mountain operator; or
(6) Use any aerial passenger tramway without engaging such safety or restraining devices as may be provided.
History:
[6-3305, added 2020, ch. 329, sec. 1, p. 950.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 33 - RESPONSIBILITIES AND LIABILITIES OF BICYCLISTS AND MOUNTAIN OPERATORS › Section 6-3306 - DUTIES OF BICYCLISTS.

6-3306. DUTIES OF BICYCLISTS. (1) It is recognized that bicycling as a recreational sport is hazardous, regardless of all feasible safety measures that can be taken.
(2) Each bicyclist expressly assumes the risk of and legal responsibility for any injury to person or property that results from participation in the sport of bicycling, including any injury caused by but not limited to the following: uneven or slippery trail and feature conditions, varying slopes and terrain, bumps, stumps, trees, roots, forest growth, cliffs, rock and rock drops, loose gravel and dirt, wet surfaces, holes and potholes, downed timber, debris, depressions, other bicycles, dark tunnels, jumps, dirt and wood features and other constructed features, lift loading and unloading, padded and nonpadded barriers, paved surfaces, collisions with vehicles owned or operated by individuals or entities other than the mountain operator, other bicyclists, pedestrians, wildlife, objects or heavy equipment, and mechanical or other failure of rental or personal equipment not including equipment rented out by the mountain operator.
(3) Each bicyclist shall have the sole individual responsibility for knowing the range of his own ability to negotiate any trail, and it shall be the duty of each bicyclist to bicycle within the limits of the bicyclist’s own ability, to maintain reasonable control of speed and course at all times while bicycling, to heed all posted warnings and safety requirements, to bicycle only on a bicycling area designated by the mountain operator, and to refrain from acting in a manner that may cause or contribute to the injury of anyone. The responsibility for collisions by any bicyclist while actually bicycling, with any person, shall be solely that of the individual or individuals involved in such collision and not that of the mountain operator.
(4) No person shall place any object in the mountain area or on the uphill track of any aerial passenger tramway that may cause a passenger or bicyclist to fall; cross the track of any T-bar lift, J-bar lift, platter lift or similar device, a fiber rope or wire rope tow, and a conveyor, except at a designated location; or depart when involved in a bicycling accident from the scene of the accident without leaving personal identification, including name and address, before notifying the proper authorities or obtaining assistance when that person knows that any other person involved in the accident is in need of medical or other assistance.
History:
[6-3306, added 2020, ch. 329, sec. 1, p. 950.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 33 - RESPONSIBILITIES AND LIABILITIES OF BICYCLISTS AND MOUNTAIN OPERATORS › Section 6-3307 - LIABILITY OF MOUNTAIN OPERATORS.

6-3307. LIABILITY OF MOUNTAIN OPERATORS. Any mountain operator shall be liable for loss or damages caused by its failure to follow the duties set forth in sections 6-3303 and 6-3304, Idaho Code, where the violation of duty is causally related to the loss or damage suffered. The mountain operator shall not be liable to any passenger or bicyclist acting in violation of its duties as set forth in sections 6-3305 and 6-3306, Idaho Code, where the violation of duty is causally related to the loss or damage suffered; nor shall a mountain operator be liable for any injury or damage to a person who is not legally entitled to be in the mountain area, or for any loss or damages caused by any object dropped, thrown, or expelled by a passenger from an aerial passenger tramway.
History:
[6-3307, added 2020, ch. 329, sec. 1, p. 951.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 33 - RESPONSIBILITIES AND LIABILITIES OF BICYCLISTS AND MOUNTAIN OPERATORS › Section 6-3308 - LIABILITY OF PASSENGERS.

6-3308. LIABILITY OF PASSENGERS. Any passenger shall be liable for loss or damages resulting from violations of the duties set forth in section 6-3305, Idaho Code, and shall not be able to recover from the mountain operator for any losses or damages where the violation of duty is causally related to the loss or damage suffered.
History:
[6-3308, added 2020, ch. 329, sec. 1, p. 951.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 33 - RESPONSIBILITIES AND LIABILITIES OF BICYCLISTS AND MOUNTAIN OPERATORS › Section 6-3309 - LIABILITY OF BICYCLISTS.

6-3309. LIABILITY OF BICYCLISTS. Any bicyclist shall be liable for loss or damages resulting from violations of the duties set forth in section 6-3306, Idaho Code, and shall not be able to recover from the mountain operator for any losses or damages where the violation of duty is causally related to the loss or damage suffered.
History:
[6-3309, added 2020, ch. 329, sec. 1, p. 951.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 35 - IDAHO WRONGFUL CONVICTION ACT › Section 6-3501 - SHORT TITLE.

6-3501. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Wrongful Conviction Act."
History:
[6-3501, added 2021, ch. 17, sec. 1, p. 38.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 35 - IDAHO WRONGFUL CONVICTION ACT › Section 6-3502 - CLAIM OF COMPENSATION FOR WRONGFUL CONVICTION.

6-3502. CLAIM OF COMPENSATION FOR WRONGFUL CONVICTION. (1) As used in this chapter, "claimant" means a person convicted and subsequently imprisoned for one (1) or more crimes that such person did not commit.
(2) If he meets the requirements of this chapter, a claimant may bring a civil action against the state of Idaho for wrongful conviction. The claimant shall prevail if he establishes each of the following requirements by a preponderance of the evidence:
(a) The claimant was convicted of a felony in this state and subsequently imprisoned;
(b) The claimant did not commit the crime for which he was convicted;
(c) The claimant did not commit the acts that were the basis of the conviction;
(d) The claimant did not aid, abet, or act as an accomplice or accessory to either the acts or to a person who committed the acts that were the basis for the conviction;
(e) The claimant did not commit an included offense of the crime for which he was imprisoned;
(f) The claimant establishes that his conviction was reversed or vacated and either:
(i) The claimant was not retried and the charges were dismissed; or
(ii) The claimant was retried and was found not guilty; and
(g) The claimant establishes that the basis for reversing or vacating the conviction was not legal error unrelated to his factual innocence.
(3) A claimant shall not prevail on a claim brought pursuant to this chapter if the state shows by a preponderance of the evidence that a claimant pled guilty with the specific intent to protect another party from prosecution for the underlying conviction that forms the basis for the claim.
(4)(a) A claimant convicted, imprisoned, and released from custody on or after the effective date of this chapter shall commence an action under this section within a period of two (2) years after:
(i) The conviction was reversed or vacated and the charges were dismissed; or
(ii) The claimant was retried and found not guilty.
(b) A claimant convicted, imprisoned, and released from custody before the effective date of this chapter must commence an action under this section within two (2) years of the effective date of this chapter.
(5) A claimant shall be entitled to a hearing in district court as expeditiously as possible after the filing of a claim.
(6) If a person dies prior to filing or during the pendency of a claim under this section, the person’s estate may file or maintain a claim pursuant to this section.
(7) All provisions of existing law relating to absolute or qualified immunity shall apply to an action brought pursuant to the provisions of this section.
History:
[6-3502, added 2021, ch. 17, sec. 1, p. 38.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 35 - IDAHO WRONGFUL CONVICTION ACT › Section 6-3504 - CERTIFICATE OF INNOCENCE.

6-3504. CERTIFICATE OF INNOCENCE. If the court finds that the claimant is entitled to a judgment pursuant to section 6-3502, Idaho Code, it shall enter a certificate of innocence finding that the claimant was innocent of all crimes for which the claimant was mistakenly convicted.
History:
[6-3504, added 2021, ch. 17, sec. 1, p. 40.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 35 - IDAHO WRONGFUL CONVICTION ACT › Section 6-3505 - INNOCENCE FUND CREATED.

6-3505. INNOCENCE FUND CREATED. There is hereby created in the state treasury the innocence fund. The fund shall consist of moneys that may be provided by legislative appropriation and any reimbursements made to the state by claimants. The state treasurer shall invest the idle moneys of the fund, and the interest earned on such investments shall be retained by the fund. Moneys in the fund are continuously appropriated to be used solely for carrying out the provisions of this chapter.
History:
[6-3505, added 2021, ch. 17, sec. 1, p. 40.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 36 - DUTIES OF RECREATIONAL PARTICIPANTS › Section 6-3601 - DUTIES OF RECREATIONAL PARTICIPANTS.

6-3601. DUTIES OF RECREATIONAL PARTICIPANTS. It is recognized that recreational activities in state parks are hazardous regardless of all feasible safety measures that can be taken. Each recreational participant expressly assumes the risk of and legal responsibility for any injury to person or property that results from participation in recreational activities. Each recreational participant shall have the sole individual responsibility for knowing the range of the participant’s own ability while participating in a recreational activity in a state park and to heed all posted notes, cautions, and warnings. Recreational participants shall refrain from acting in a manner that may cause or contribute to the injury of persons or property. The responsibility for injury to person or property shall be solely that of the individual or individuals involved in such recreational activity and not that of the Idaho department of parks and recreation.
History:
[6-3601, added 2023, ch. 54, sec. 1, p. 206.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 2 - WRITS OF REVIEW (REPEALED) › Section 7-201 - DESIGNATION.

7-201. DESIGNATION. The writ of certiorari may be denominated the writ of review and shall be processed in the manner provided by rule of the supreme court.
History:
[(7-201) C.C.P. 1881, sec. 726; R.S., R.C., & C.L., sec. 4961; C.S., sec. 7242; I.C.A., sec. 13-201; am. 1977, ch. 170, sec. 1, p. 437.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 2 - WRITS OF REVIEW (REPEALED) › Section 7-202 - WHEN GRANTED.

7-202. WHEN GRANTED. A writ of review may be granted by any court except the magistrates division of the district court, when an inferior tribunal, board or officer exercising judicial functions, has exceeded the jurisdiction of such tribunal, board or officer, and there is no appeal, nor, in the judgment of the court, any plain, speedy and adequate remedy.
History:
[(7-202) C.C.P. 1881, sec. 727; R.S., R.C., & C.L., sec. 4962; C.S., sec. 7243; I.C.A., sec. 13-202; am. 1977, ch. 170, sec. 2, p. 437.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 2 - WRITS OF REVIEW (REPEALED) › Section 7-208 - EXTENT OF REVIEW.

7-208. EXTENT OF REVIEW. The review upon this writ cannot be extended further than to determine whether the inferior tribunal, board or officer has regularly pursued the authority of such tribunal, board or officer.
History:
[(7-208) C.C.P. 1881, sec. 733; R.S., R.C., & C.L., sec. 4968; C.S., sec. 7249; I.C.A., sec. 13-208.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 3 - WRITS OF MANDATE › Section 7-301 - DESIGNATION.

7-301. DESIGNATION. The writ of mandamus may be denominated a writ of mandate.
History:
[(7-301) C.C.P. 1881, sec. 737; R.S., R.C., & C.L., sec. 4976; C.S., sec. 7253; I.C.A., sec. 13-301.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 3 - WRITS OF MANDATE › Section 7-302 - WHEN AND BY WHAT COURTS ISSUED.

7-302. WHEN AND BY WHAT COURTS ISSUED. It may be issued by the supreme court or any district court to any inferior tribunal, corporation, board or person, to compel the performance of an act which the law especially enjoins as a duty resulting from an office, trust or station; or to compel the admission of a party to the use and the enjoyment of a right or office to which he is entitled, and from which he is unlawfully precluded by such inferior tribunal, corporation, board or person.
History:
[(7-302) C.C.P. 1881, sec. 738; R.S., R.C., & C.L., sec. 4977; C.S., sec. 7254; I.C.A., sec. 13-302; am. 1996, ch. 224, sec. 1, p. 736.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 3 - WRITS OF MANDATE › Section 7-303 - ABSENCE OF ADEQUATE REMEDY.

7-303. ABSENCE OF ADEQUATE REMEDY. The writ must be issued in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It must be issued upon affidavit, on the application of the party beneficially interested.
History:
[(7-303) C.C.P. 1881, sec. 739; R.S., R.C., & C.L., sec. 4978; C.S., sec. 7255; I.C.A., sec. 13-303.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 3 - WRITS OF MANDATE › Section 7-304 - FORM OF WRIT.

7-304. FORM OF WRIT. The writ may be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party immediately after the receipt of the writ, or at some other specified time, to do the act required to be performed, or to show cause before the court at a specified time and place why he has not done so. The peremptory writ must be in a similar form except that the words requiring the party to show cause why he has not done as commanded must be omitted, and a return day inserted.
History:
[(7-304) C.C.P. 1881, sec. 740; R.S., R.C., & C.L., sec. 4979; C.S., sec. 7256; I.C.A., sec. 13-304.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 3 - WRITS OF MANDATE › Section 7-305 - NOTICE OF APPLICATION — HEARING.

7-305. NOTICE OF APPLICATION — HEARING. When the application to the court is made without notice to the adverse party, and the writ be allowed, the alternative must be first issued; but if the application be upon due notice, and the writ be allowed, the peremptory may be issued in the first instance. The notice of the application, when given, must be at least fourteen (14) days. The writ cannot be granted by default. The case must be heard by the court whether the adverse party appear or not.
History:
[(7-305) C.C.P. 1881, sec. 741; R.S., R.C., & C.L., sec. 4980; C.S., sec. 7257; I.C.A., sec. 13-305; am. 1996, ch. 224, sec. 2, p. 736.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 3 - WRITS OF MANDATE › Section 7-308 - OBJECTIONS TO ANSWER.

7-308. OBJECTIONS TO ANSWER. On the trial, the applicant is not precluded by the answer from any valid objection to its sufficiency, and may countervail it by proof either in direct denial or by way of avoidance.
History:
[(7-308) C.C.P. 1881, sec. 744; R.S., R.C., & C.L., sec. 4983; C.S., sec. 7260; I.C.A., sec. 13-308.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 3 - WRITS OF MANDATE › Section 7-309 - MOTION FOR NEW TRIAL.

7-309. MOTION FOR NEW TRIAL. The motion for a new trial must be made in the court in which the issue of fact is tried.
History:
[(7-309) C.C.P. 1881, sec. 745; R.S., R.C., & C.L., sec. 4984; C.S., sec. 7261; I.C.A., sec. 13-309.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 3 - WRITS OF MANDATE › Section 7-310 - CERTIFICATION OF VERDICT — ARGUMENT.

7-310. CERTIFICATION OF VERDICT — ARGUMENT. If no notice of a motion for a new trial be given, or if given, the motion be denied, the clerk, within five (5) days after the rendition of the verdict or denial of the motion, must transmit to the court in which the application for the writ is pending, a certified copy of the verdict attached to the order of trial; after which either party may bring on the argument of the application, upon reasonable notice to the adverse party.
History:
[(7-310) C.C.P. 1881, sec. 746; R.S., R.C., & C.L., sec. 4985; C.S., sec. 7262; I.C.A., sec. 13-310.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 3 - WRITS OF MANDATE › Section 7-311 - TRIAL ON PLEADINGS.

7-311. TRIAL ON PLEADINGS. If no answer be made, the case must be heard on the papers of the applicant. If the answer raises only questions of law, or puts in issue immaterial statements, not affecting the substantial rights of the parties, the court must proceed to hear, or fix a day for hearing, the argument of the case.
History:
[(7-311) C.C.P. 1881, sec. 747; R.S., R.C., & C.L., sec. 4986; C.S., sec. 7263; I.C.A., sec. 13-311.]