Title 39 — HEALTH AND SAFETY

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…

39-8114. Chapter not a limitation of powers. This chapter does not restrict or limit the powers which the basin project commission or financing authority might otherwise have under any laws of this state, and this chapter is cumulative to those powers. This chapter provides an ad…

39-8115. Inconsistent laws — This chapter controls. If any provision of this chapter is inconsistent with the provisions of any other law, general, specific or local, the provisions of this chapter control.

39-8201. Title. This chapter shall be known as the "Idaho Safe Haven Act."

39-8202. Definitions. As used in this chapter, the following terms shall mean: (1) "Custodial parent," for the purposes of this chapter, means, in the absence of a court decree, the parent with whom the child resides. (2) "Indian child" means any unmarried person who is under eig…

39-8203. Emergency custody of certain abandoned children — Confidentiality — Immunity. (1) A safe haven shall take temporary physical custody of a child, without court order, if the child is personally delivered to a safe haven or to a safe haven through a newborn safety device, …

39-8204. Protective custody — Placement — Immunity. (1) Upon notification by a safe haven that a child has been abandoned pursuant to the provisions of this chapter, a peace officer or other person appointed by the court shall take protective custody of the child and shall immedi…

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 custo…

39-8206. Claim of parental rights — Procedure. (1) A parent of the child may make a claim of parental rights of an abandoned child, abandoned pursuant to the provisions of this chapter, by filing a notice of claim of parental rights with the vital statistics unit of the departmen…

39-8301. Short title. This chapter shall be known and may be cited as the "Genetic Testing Privacy Act."

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…

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 a…

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…

39-8305. PROHIBITION ON CERTAIN GENETIC SEQUENCERS AND GENETIC ANALYSIS TECHNOLOGIES. (1) No medical facility or research facility in the state of Idaho shall utilize genetic sequencers or operational or research software used for genetic analysis if the final product is produced…

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 heal…

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 bran…

39-8403. Certifications — Directory — Tax stamps. (1) Every tobacco product manufacturer whose cigarettes are sold in this state whether directly or through a wholesaler, distributor, retailer or similar intermediary or intermediaries shall execute and deliver on a form prescribe…

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 …

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 requ…

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 …

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 b…

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. S…

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 C…

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 th…

39-8423. REQUIREMENTS FOR CERTIFICATION. (1) Before a cigarette rolling machine operator may be certified by the attorney general, the operator shall certify, under penalty of perjury, that: (a) All tobacco to be used in the operator’s cigarette rolling machine, regardless of the…

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 i…

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 39-842…

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.

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 att…

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 …

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 appro…

39-8601. Short title. This chapter shall be known and may be cited as the "Elevator Safety Code Act."

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, escala…

39-8603. Definitions. As used in this chapter, the terms defined in this section shall have the following meanings unless the context clearly indicates another meaning: (1) "Administrator" means the administrator of the division of occupational and professional licenses for the s…

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.