Title 6 — ACTIONS IN PARTICULAR CASES

6-2203. System established under section 1, article IX. The legislature hereby declares that the statutes allowing the creation of or chartering local school districts and giving them authority to raise and spend moneys and to provide educational services are designed to establis…

6-2204. Responsibility for providing educational services required by the constitution. The legislature has established a system of public, free common schools by its authorization of the creation of or chartering of local school districts. Local school districts are hereby decla…

6-2205. Right of action — Standing to sue. (1) Patron suits against local school districts. Any person who is a schoolchild, the parent or guardian of a schoolchild, or the parent or guardian of a child who will enter public school in the next two (2) years has standing to sue an…

6-2206. Patron complaints to be forwarded to attorney general. When a patron complaint is filed against a school district pursuant to this chapter, a copy of the complaint shall also be served on the attorney general, who shall notify the legislature and the superintendent of pub…

6-2207. Bench trial. When a complaint is filed against a school district pursuant to this chapter, trial shall be before the district court sitting without a jury.

6-2208. District court findings. Upon reaching the merits of the constitutionally based educational claim, the district court shall find whether the defendant local school district is providing all constitutionally required educational services. If the district court shall find t…

6-2209. Remedies in suit against district — Continuing jurisdiction. (1) If the district court finds that the local school district offers educational or other services not federally mandated and not constitutionally required, or offers some of the services that are constitutiona…

6-2210. Further inquiry about tax levies — Orders. (1) If the district court finds: (a) That the local school district cannot offer federally mandated services and constitutionally required educational services because it does not have sufficient revenues; or (b) That if the loca…

6-2211. District court’s continuing jurisdiction. When the district court has issued an order over which it has continuing jurisdiction under this chapter, the district court may review as necessary, but not less than annually, the question whether the local school district has c…

6-2212. State supervision. When authorized by law, the district court, or the state board of education pursuant to section 33-909, Idaho Code, may issue an order for state supervision of a local school district. When an order for state supervision of a local school district is en…

6-2213. Suit against state. When the district court has authorized the plaintiffs to add the state or the legislature as defendants in a suit brought under this chapter, if the legislature is not already party to the suit, the legislature may move to reopen the proceedings to pre…

6-2214. Educational necessity levy. (1) In general. There is hereby created an educational necessity levy that may be levied by a local school district as authorized in this chapter. The educational necessity levy shall expire upon order of the district court having jurisdiction …

6-2215. Effect on pending lawsuits. (1) Chapter to apply to pending lawsuits. This chapter shall apply to any lawsuit pending on its effective date that has not proceeded to final judgment in the district court on the effective date of this amendment to this section if the lawsui…

6-2216. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remai…

6-2301. Prelitigation hearing panel — Licensed nursing facilities. In the event of an alleged negligence or wrongful death case involving a claim for damages against a licensed nursing facility operating in the state of Idaho, the Idaho board of long-term care administrators is d…

6-2302. Appointment of hearing panel. The board of long-term care administrators shall provide for and appoint an appropriate panel or panels to accept and hear complaints of negligence and damages, made by or on behalf of any patient who is an alleged victim of negligence. The p…

6-2303. Fees — Confidentiality. The Idaho board of long-term care administrators shall provide, by uniform policy of the board, for the payment of fees and expenses of members of panels, such payment to be made from the occupational licenses fund. Panel members shall serve upon t…

6-2304. Application of laws. Sections 6-1003, 6-1004, 6-1005, 6-1006, 6-1007, 6-1008, 6-1009 and 6-1011, Idaho Code, shall apply to prelitigation panels conducted pursuant to this chapter.

6-2401. Liability for emergency responses. (1) Any person who knowingly enters into any area that has been closed to the public by competent authority for any reason, where such closure is posted by sign, barricade or other device, is liable for the expenses of an emergency respo…

6-2402. Volunteer fire departments — Schedule of charges — Conditions for collection — Reports — Failure to pay. (1) As used in this section, "volunteer fire department" means a fire department organized as a nonprofit corporation with a primary purpose of firefighting, fire prot…

6-2501. Short title. This chapter shall be known and may be cited as the "Notice and Opportunity to Repair Act."

6-2502. Definitions. Unless the context clearly requires otherwise, as used in this chapter: (1) "Action" means any civil lawsuit or action in contract or tort for damages or indemnity brought against a construction professional to assert a claim, whether by complaint, countercla…

6-2503. Notice and opportunity to repair. (1) Prior to commencing an action against a construction professional for a construction defect, the claimant shall serve written notice of claim on the construction professional. The notice of claim shall state that the claimant asserts …

6-2504. Limitation on damages. (1) In a suit subject to section 6-2503, Idaho Code, the claimant may recover only the following damages proximately caused by a construction defect: (a) The reasonable cost of repairs necessary to cure any construction defect, including any reasona…

6-2601. Short title. This chapter shall be known and may be cited as the "Clandestine Drug Laboratory Cleanup Act."

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 resident…

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 attempte…

6-2604. department responsibility. (1) Upon notification by a law enforcement agency or a property owner who voluntarily reports a property, the department shall place the property on the clandestine drug laboratory site property list. (2) When a property is determined by a quali…

6-2605. Law enforcement agency responsibility. 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 with…

6-2606. Residential property owner cleanup responsibility. (1) Except as otherwise provided in subsection (2) of this section, upon notification to a residential property owner by a law enforcement agency that chemicals, equipment, supplies or immediate precursors indicative of a…

6-2607. Residential property owner immunity. Once a residential property meets the cleanup standards established 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 c…

6-2608. Voluntary compliance. Any residential property owner who chooses to voluntarily and successfully accomplish the cleanup standards established by this chapter, whether or not such owner was notified by a law enforcement agency, shall be afforded the protections from civil …

6-2609. clearance sampling requirements. (1) A qualified industrial hygienist who is independent of the company or entity conducting the cleanup or analysis shall conduct sampling to verify that cleanup standards have been met. All sample collection must be conducted pursuant to …

6-2610. cleanup standards. The following cleanup standards must be met: (1) A level of methamphetamine that does not exceed a concentration of one-tenth (0.1) of a microgram per one hundred (100) square centimeters as demonstrated by clearance sampling conducted by a qualified in…

6-2611. reporting requirements. (1) For a property to be delisted, the property owner must provide the department with an original or certified copy of the final report that includes the following from a qualified industrial hygienist: (a) The property description, including phys…

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 trai…

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, includi…

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 government…

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 …

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. …

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 lives…

6-3001. short title. This act shall be known as the "Idaho Agritourism Promotion Act."

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 pub…

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, bu…

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 Co…

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…

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.

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…

6-3102. ATTRACTIVE NUISANCE. Nothing in this chapter shall affect the common law doctrine of attractive nuisance.

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.