Title 39, HEALTH AND SAFETY

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.

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 ma…

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 facili…

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.

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 inst…

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 r…

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 rei…

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 iss…

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 o…

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 pla…

39-8614. Adoption of codes. (1) The following codes, including those updates, addenda and amendments thereto hereafter adopted by the division as set forth in the duly promulgated administrative rules, are hereby adopted for all conveyances subject to this chapter as may be appli…

39-8615. Inspections and tests. Conveyances shall have an inspection performed in accordance with ANSI/ASME standards set forth in section 39-8614, Idaho Code. The following types of inspections are required: (1) Acceptance. The initial inspection and tests of new or altered equi…

39-8616. Fees. The division shall have authority to charge certain fees in accordance with the fee schedule established by the division, which schedule shall not exceed the amounts set forth as follows and which amounts may be reduced by the division as set forth in duly promulga…

39-8617. Annual renewal. Certificates to operate shall be renewed annually by making application to the division on such forms as the division may prescribe. Successful application shall require payment of the annual renewal fee and submission of a satisfactory routine inspection…

39-8618. Inspection reports and compliance agreements. (1) Within fifteen (15) days of completion of the inspection, all inspection reports shall be filed with the division and a copy shall be sent to the owner for corrective actions as required. (2) Within thirty (30) days of th…

39-8619. Violations — Misdemeanors. (1) Any person who willfully violates any provision of this chapter or the duly promulgated rules hereunder is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than three hundred dollars ($300) or by impriso…

39-8620. Civil penalty for violation of chapter — Notice. (1) The administrator may assess a penalty against a person violating a provision of this chapter. The penalty shall be not more than five hundred dollars ($500) per violation. Each day that the violation continues is a se…