Title 39, HEALTH AND SAFETY

39-7703. Immunity from liability for health care providers providing charitable medical care. (1) Any health care provider who voluntarily provides needed medical or health care services to any person at a free medical clinic or who provides health screenings at a community healt…

39-7704. Registration of free medical clinics — requirements. (1) Before providing volunteer health care services in this state, a free medical clinic shall register with the department of health and welfare by submitting a registration fee of fifty dollars ($50.00) and filing a …

39-7705. Costs and fees. Notwithstanding any other provision of law to the contrary, if a party names as a defendant a health care provider who has immunity pursuant to section 39-7703, Idaho Code, in a suit alleging willful or intentional misconduct or gross negligence arising o…

39-7801. Findings and purpose. (a) Cigarette smoking presents serious public health concerns to the state of Idaho ("state") and to the citizens of the state. The surgeon general has determined that smoking causes lung cancer, heart disease and other serious diseases, and that th…

39-7802. Definitions. (a) "Adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. (b) "Affiliate" means a person who directly or indirectly owns or controls, is owned or controlled…

39-7803. Requirements. [EFFECTIVE UNTIL GOVERNOR’S PROCLAMATION REGARDING CONSTITUTIONALITY IS FILED WITH SECRETARY OF STATE] Any tobacco product manufacturer selling cigarettes to consumers within the state (whether directly or through a distributor, retailer or similar intermed…

39-7901. Short title. This act shall be known as the "Local Option Swine Facilities Siting Act."

39-7902. Legislative findings and purposes. (1) The legislature finds that: (a) The swine industry is experiencing rapid changes such as increased sophistication of production technology, increased demand for capital to maintain or expand operations, consolidation of production a…

39-7903. Definitions. As used in this chapter: (1) "Active unit" means that part of a facility or unit that has received or is receiving wastes and that has not been closed. (2) "Animal unit" is a unit of measurement equaling two and one-half (2 1/2) swine, each weighing over twe…

39-7904. Site approval required — Site approval is supplemental — Local option — Local action required for department action. (1) No person may construct or expand a large swine facility regulated by this chapter without first obtaining site approval from the director as provided…

39-7905. Application — Facilities regulated. (1) The following swine facilities must obtain site approval under this chapter: (a) New swine facilities having a one-time animal unit capacity of twenty thousand (20,000) or more animal units; and (b) Existing swine facilities that e…

39-7906. Director may make rules and contract with other agencies. (1) The director may adopt administrative rules he deems necessary or helpful to carry out the purposes of this chapter. (2) The director may enter into contracts, agreements, memorandums and other arrangements wi…

39-7907. Location guidelines. This section provides location guidelines for swine facilities regulated by this chapter. Where the location guidelines provide a specific setback distance, that distance is the minimum setback distance that may be imposed. Further setback distances …

39-7908. Site review panels established. (1) A site review panel shall be established to ensure public input in the siting process and to recommend to the director site approval, approval with conditions or rejection. (2) A panel shall consist of eight (8) members to be appointed…

39-7909. Siting application — Fee — Rules. (1) A site application shall include, in a format set forth by the director and when determined applicable by the director, the following information: (a) Name, mailing address and phone number of the facility owner; (b) Name, mailing ad…

39-7910. Duties of the director relative to applications. (1) Upon determination that a siting application is complete, the director shall: (a) Notify the permanent panel members, the city and/or county in which the swine facility site is located, the director of the department o…

39-7911. Financial assurance for closure and remediation. (1) All swine facilities regulated by section 39-104A, Idaho Code, and this chapter shall provide financial assurances demonstrating financial capability to meet requirements for closure of the facilities and remediation. …

39-7912. Director may request additional information. The applicant shall provide the director with additional information the director deems necessary to process an application, within thirty (30) days of the director’s request. The time period within which the director must act…

39-7913. Violations and enforcement. (1) The following acts are unlawful: (a) Failure to comply with this chapter and any rules of the department regulating swine facilities, and conditions of site approval granted pursuant to this chapter; (b) Knowingly making a false statement,…

39-7914. Confidentiality of records. Information obtained by a public agency pursuant to this chapter or its associated rules is subject to public disclosure pursuant to the provisions of chapter 1, title 74, Idaho Code. Information submitted under a trade secret claim may be ent…

39-7915. Severability clause. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application,…

39-7916. Conflicts clause. If a conflict arises between this chapter and rules of the department regulating swine facilities, the most restrictive provision shall apply.

39-8001. Short title. This chapter shall be known and may be cited as the "Idaho Uniform School Building Safety Act."

39-8002. Declaration of purpose. The purpose of this act is to assure the safety of children and others who use Idaho’s public schools by providing for a uniform school building safety code to apply to school buildings and by establishing procedures for achieving compliance with …

39-8003. Scope. This act shall apply to all facilities, existing now or constructed in the future, that are owned, leased or used for educational purposes by public school districts, charter schools, or a school for children in any grades kindergarten through twelve (12) that is …

39-8004. Definitions. As used in this act: (1) "Administrator" means the administrator of the division of occupational and professional licenses or his designated representative. (2) "Day" shall mean a calendar day unless otherwise specified. (3) "Imminent safety hazard" means a …

39-8006. Committee to develop Idaho uniform school building safety code — Interim code. (1) The committee shall develop the Idaho uniform school building safety code to be adopted by rule of the administrator pursuant to section 39-8007, Idaho Code. The Idaho uniform school build…

39-8007. Powers and duties of the administrator. (1) The administrator shall enforce the provisions of this chapter in cooperation with the superintendent of public instruction and the building code advisory board. (2) The administrator shall promulgate rules necessary to carry o…

39-8008. Additional duties of administrator — Right of inspection — Posting. (1) The administrator shall have authority under this section to enter all public school facilities covered by this chapter at reasonable times to inspect, on an annual basis, such facilities for complia…

39-8009. Injunction. Upon failure of the district superintendent, principal, board of trustees, or other person in charge to comply with the requirements stated in any notice or order relating to an imminent safety hazard or serious safety hazard, the administrator may maintain a…

39-8010. Appeal to building code board. (1) The Idaho building code board shall, within ten (10) days after receipt of notice for an appeal, hear such appeal brought before it by a school district affected by any finding pursuant to this chapter that there exists in a school buil…

39-8011. Violations. (1) If a school district, the district superintendent, principal, board of trustees, or other person in charge willfully violates the provisions of this chapter, the state superintendent of public instruction shall withhold such ensuing apportionments as are …

39-8012. Severability. If any portion of this act, or the application of any provision of this act to any person or circumstance, shall be held invalid, the remainder of this act, or the application of such provision to persons or circumstances other than those to which it is hel…

39-8101. Short title. This act may be known and cited as the "Basin Environmental Improvement Act."

39-8102. Policy of state. The Idaho legislature declares that environmental protection and improvement of the Coeur d’Alene basin to protect human health and enhance natural resources is very important to the state. Therefore, it is the policy of the state to provide in this chap…

39-8103. Definitions. As used in this chapter, unless a different meaning clearly appears from the context: (1) "Administrator" means the administrator or a member of the board of administrators of the basin environmental improvement fund and financing authority. (2) "Basin" mean…

39-8104. Establishment of agreements or compacts for participation in basin project commission. The director of the department of environmental quality and the attorney general of the state of Idaho or their delegates shall represent the state of Idaho in negotiations with repres…

39-8105. Governor shall request reciprocal legislation or resolution. The governor of the state of Idaho shall advise the chairman of the Coeur d’Alene tribe, the governor of the state of Washington and the president of the United States of America of the enactment of this chapte…

39-8106. Basin project commission — Establishment — Composition — Powers — Duties — Funding. (1) The basin environmental improvement project commission is hereby created and shall become operational when the director of the department of environmental quality, by execution of an …

39-8107. Basin fund and financing authority — Establishment — Administrators — Powers. (1) The basin environmental improvement fund and financing authority is hereby created and shall become operational when the director of the department of environmental quality, by execution of…

39-8108. Financing authority may issue notes and bonds — Related powers and duties. (1) The financing authority may issue from time to time its notes and bonds in a principal amount as the financing authority determines to be necessary to provide sufficient funds for achieving an…

39-8109. Notes and bonds — State will not impair vested rights. The state pledges to and agrees with the holders of any notes or bonds issued under this chapter that the state will not limit or alter the rights hereby vested in the financing authority to fulfill the terms of any …

39-8110. Limitation of liability — Notes and bonds are not a debt of the state. The notes, bonds or other obligations of the financing authority are not an indebtedness or obligation of the state of Idaho, or of any department, board, commission, agency, political subdivision, bo…

39-8111. State may make grants to financing authority. The state may make grants of money or property to the financing authority for the purpose of enabling it to carry out its corporate purposes and for the exercise of its powers including, but not limited to, deposits to the re…

39-8112. Notes and bonds of financing authority are legal investments. The notes and bonds of the financing authority are legal investments in which all public officers and public bodies of this state, its political subdivisions, all municipalities and municipal subdivisions, all…

39-8113. Notes and bonds of financing authority are tax exempt. The basin project commission and the financing authority perform essential governmental functions in the exercise of the powers conferred upon them under this chapter. The notes and bonds of the financing authority i…