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H0022......................................................by STATE AFFAIRS
CODIFIER CORRECTIONS - Amends existing law to "clean up" various code
sections and subsections by renumbering those code sections or subsections
that were redesignated by the compiler of the Idaho Code as a result of
multiple amendments to code sections prior to the 2005 Legislative Session.
01/20 House intro - 1st rdg - to printing
01/21 Rpt prt - to St Aff
02/03 Rpt out - rec d/p - to 2nd rdg
02/04 2nd rdg - to 3rd rdg
02/07 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
Bilbao, Black, Block, Boe, Bolz, Cannon, Chadderdon, Clark, Collins,
Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones,
Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin,
McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Bradford, Smith(24)
Floor Sponsor - Snodgrass
Title apvd - to Senate
02/08 Senate intro - 1st rdg - to St Aff
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Brandt, Bunderson, Burkett, Burtenshaw, Cameron,
Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde,
Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai,
Marley, McGee, McKenzie, Noble, Pearce, Richardson, Schroeder,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Broadsword
Floor Sponsor - McKenzie
Title apvd - to House
02/25 To enrol
02/28 Rpt enrol - Sp signed
03/01 Pres signed - To Governor
03/02 Governor signed
Session Law Chapter 25
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 22
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO CODIFIER'S CORRECTIONS IN STATUTES; AMENDING SECTION 5-247, IDAHO
3 CODE, AS ADDED BY SECTION 1, CHAPTER 150, LAWS OF 2000, TO REDESIGNATE THE
4 SECTION; AMENDING THE HEADING FOR CHAPTER 13, TITLE 6, IDAHO CODE, AS
5 ADDED BY SECTION 1, CHAPTER 225, LAWS OF 1980, TO REDESIGNATE THE CHAPTER;
6 AMENDING SECTION 6-1301, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 225,
7 LAWS OF 1980, TO REDESIGNATE THE SECTION; AMENDING SECTION 6-1302, IDAHO
8 CODE, AS ADDED BY SECTION 1, CHAPTER 225, LAWS OF 1980, TO REDESIGNATE THE
9 SECTION; AMENDING SECTION 6-1303, IDAHO CODE, AS ADDED BY SECTION 1, CHAP-
10 TER 225, LAWS OF 1980, TO REDESIGNATE THE SECTION; AMENDING SECTION
11 6-1304, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 225, LAWS OF 1980, TO
12 REDESIGNATE THE SECTION; AMENDING SECTION 6-1305, IDAHO CODE, AS ADDED BY
13 SECTION 1, CHAPTER 225, LAWS OF 1980, TO REDESIGNATE THE SECTION; AMENDING
14 SECTION 6-1306, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 225, LAWS OF
15 1980, TO REDESIGNATE THE SECTION; AMENDING SECTION 6-1307, IDAHO CODE, AS
16 ADDED BY SECTION 1, CHAPTER 225, LAWS OF 1980, TO REDESIGNATE THE SECTION
17 AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 6-1308, IDAHO CODE,
18 AS ADDED BY SECTION 1, CHAPTER 225, LAWS OF 1980, TO REDESIGNATE THE SEC-
19 TION; AMENDING SECTION 6-1309, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER
20 225, LAWS OF 1980, TO REDESIGNATE THE SECTION; AMENDING SECTION 9-340D,
21 IDAHO CODE, TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 9-350, IDAHO
22 CODE, AS AMENDED AND REDESIGNATED BY SECTION 2, CHAPTER 122, LAWS OF 1996,
23 TO REDESIGNATE THE SECTION; AMENDING SECTION 19-2719A, IDAHO CODE, AS
24 ADDED BY SECTION 4, CHAPTER 140, LAWS OF 1995, TO REDESIGNATE THE SECTION;
25 AMENDING THE HEADING FOR CHAPTER 11, TITLE 22, IDAHO CODE, AS ADDED BY
26 SECTION 2, CHAPTER 413, LAWS OF 1990, TO REDESIGNATE THE CHAPTER; AMENDING
27 SECTION 22-1101, IDAHO CODE, AS ADDED BY SECTION 2, CHAPTER 413, LAWS OF
28 1990, TO REDESIGNATE THE SECTION; AMENDING SECTION 22-1102, IDAHO CODE, AS
29 ADDED BY SECTION 2, CHAPTER 413, LAWS OF 1990, TO REDESIGNATE THE SECTION;
30 AMENDING SECTION 22-1105, IDAHO CODE, AS ADDED BY SECTION 2, CHAPTER 413,
31 LAWS OF 1990, TO REDESIGNATE THE SECTION; AMENDING SECTION 22-1106, IDAHO
32 CODE, AS ADDED BY SECTION 2, CHAPTER 413, LAWS OF 1990, TO REDESIGNATE THE
33 SECTION; AMENDING SECTION 22-1107, IDAHO CODE, AS ADDED BY SECTION 2,
34 CHAPTER 413, LAWS OF 1990, TO REDESIGNATE THE SECTION; AMENDING SECTION
35 22-1110, IDAHO CODE, AS ADDED BY SECTION 2, CHAPTER 413, LAWS OF 1990, TO
36 REDESIGNATE THE SECTION; AMENDING SECTION 22-1111, IDAHO CODE, AS ADDED BY
37 SECTION 2, CHAPTER 413, LAWS OF 1990, TO REDESIGNATE THE SECTION; AMENDING
38 THE HEADING FOR CHAPTER 35, TITLE 25, IDAHO CODE, AS ADDED BY SECTION 1,
39 CHAPTER 72, LAWS OF 1994, TO REDESIGNATE THE CHAPTER; AMENDING SECTION
40 25-3501, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 72, LAWS OF 1994, TO
41 REDESIGNATE THE SECTION; AMENDING SECTION 25-3502, IDAHO CODE, AS ADDED
42 BY SECTION 1, CHAPTER 72, LAWS OF 1994, TO REDESIGNATE THE SECTION; AMEND-
43 ING SECTION 25-3503, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 72, LAWS
44 OF 1994, TO REDESIGNATE THE SECTION; AMENDING SECTION 25-3504, IDAHO
45 CODE, AS ADDED BY SECTION 1, CHAPTER 72, LAWS OF 1994, TO REDESIGNATE THE
46 SECTION; AMENDING SECTION 25-3505, IDAHO CODE, AS ADDED BY SECTION 1,
2
1 CHAPTER 72, LAWS OF 1994, TO REDESIGNATE THE SECTION; AMENDING SECTION
2 25-3506, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 72, LAWS OF 1994, TO
3 REDESIGNATE THE SECTION; AMENDING SECTION 25-3507, IDAHO CODE, AS ADDED
4 BY SECTION 1, CHAPTER 72, LAWS OF 1994, TO REDESIGNATE THE SECTION; AMEND-
5 ING SECTION 25-3508, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 72, LAWS
6 OF 1994, TO REDESIGNATE THE SECTION; AMENDING SECTION 25-3502, IDAHO CODE,
7 AS ADDED BY SECTION 1, CHAPTER 73, LAWS OF 1994, TO REDESIGNATE THE SEC-
8 TION; AMENDING SECTION 25-3503, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER
9 73, LAWS OF 1994, TO REDESIGNATE THE SECTION; AMENDING SECTION 25-3505,
10 IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 73, LAWS OF 1994, TO REDESIG-
11 NATE THE SECTION; AMENDING SECTION 25-3507, IDAHO CODE, AS ADDED BY SEC-
12 TION 1, CHAPTER 73, LAWS OF 1994, TO REDESIGNATE THE SECTION; AMENDING
13 SECTION 25-3509, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 73, LAWS OF
14 1994, TO REDESIGNATE THE SECTION; AMENDING SECTION 28-50-101, IDAHO CODE,
15 AS ADDED BY SECTION 1, CHAPTER 422, LAWS OF 2000, TO REDESIGNATE THE SEC-
16 TION AND TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 28-50-102,
17 IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 422, LAWS OF 2000, TO REDESIG-
18 NATE THE SECTION; AMENDING SECTION 31-868, IDAHO CODE, AS ADDED BY SECTION
19 1, CHAPTER 312, LAWS OF 1979, TO REDESIGNATE THE SECTION; AMENDING SECTION
20 31-A3501, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 189, LAWS OF 1982, TO
21 REDESIGNATE THE SECTION; AMENDING SECTION 31-A3502, IDAHO CODE, AS ADDED
22 BY SECTION 1, CHAPTER 189, LAWS OF 1982, AND AMENDED BY SECTION 28, CHAP-
23 TER 213, LAWS OF 1990, TO REDESIGNATE THE SECTION; AMENDING SECTION
24 31-A3503, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 189, LAWS OF 1982, TO
25 REDESIGNATE THE SECTION; AMENDING SECTION 31-A3504, IDAHO CODE, AS ADDED
26 BY SECTION 1, CHAPTER 189, LAWS OF 1982, AND AMENDED BY SECTION 3, CHAPTER
27 300, LAWS OF 2004, TO REDESIGNATE THE SECTION; AMENDING SECTION 31-A3505,
28 IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 189, LAWS OF 1982, TO REDESIG-
29 NATE THE SECTION; AMENDING SECTION 31-A3506, IDAHO CODE, AS ADDED BY SEC-
30 TION 1, CHAPTER 189, LAWS OF 1982, TO REDESIGNATE THE SECTION; AMENDING
31 SECTION 31-A3507, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 189, LAWS OF
32 1982, TO REDESIGNATE THE SECTION; AMENDING SECTION 31-A3508, IDAHO CODE,
33 AS ADDED BY SECTION 1, CHAPTER 189, LAWS OF 1982, TO REDESIGNATE THE SEC-
34 TION AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 33-1003A, IDAHO
35 CODE, AS ADDED BY SECTION 1, CHAPTER 321, LAWS OF 1995, TO REDESIGNATE THE
36 SECTION; AMENDING SECTION 33-1513, IDAHO CODE, AS ADDED BY SECTION 3,
37 CHAPTER 388, LAWS OF 2004, TO REDESIGNATE THE SECTION; AMENDING THE HEAD-
38 ING FOR CHAPTER 48, TITLE 33, IDAHO CODE, AS ADDED BY SECTION 10, CHAPTER
39 234, LAWS OF 1994, TO REDESIGNATE THE CHAPTER; AMENDING SECTION 33-4801,
40 IDAHO CODE, AS ADDED BY SECTION 10, CHAPTER 234, LAWS OF 1994, TO REDESIG-
41 NATE THE SECTION; AMENDING SECTION 33-4802, IDAHO CODE, AS ADDED BY SEC-
42 TION 10, CHAPTER 234, LAWS OF 1994, TO REDESIGNATE THE SECTION; AMENDING
43 SECTION 33-4803, IDAHO CODE, AS ADDED BY SECTION 10, CHAPTER 234, LAWS OF
44 1994, TO REDESIGNATE THE SECTION; AMENDING SECTION 33-4805, IDAHO CODE, AS
45 ADDED BY SECTION 10, CHAPTER 234, LAWS OF 1994, TO REDESIGNATE THE SEC-
46 TION; AMENDING SECTION 33-4806, IDAHO CODE, AS ADDED BY SECTION 10, CHAP-
47 TER 234, LAWS OF 1994, TO REDESIGNATE THE SECTION; AMENDING SECTION
48 49-304, IDAHO CODE, TO PROVIDE A CORRECT REFERENCE; REPEALING SECTION
49 33-5202A, IDAHO CODE, AS ADDED BY SECTION 2, CHAPTER 370, LAWS OF 2004;
50 AMENDING SECTION 34-440, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING
51 SECTION 39-1459B, IDAHO CODE, AS ADDED BY SECTION 11, CHAPTER 183, LAWS OF
52 1976, TO REDESIGNATE THE SECTION AND TO CORRECT A CODIFIER'S ERROR; AMEND-
53 ING THE HEADING FOR CHAPTER 49, TITLE 39, IDAHO CODE, AS ADDED BY SECTION
54 1, CHAPTER 333, LAWS OF 1980, TO REDESIGNATE THE CHAPTER; AMENDING SECTION
55 39-4901, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 333, LAWS OF 1980, TO
3
1 REDESIGNATE THE SECTION; AMENDING SECTION 39-4904, IDAHO CODE, AS ADDED BY
2 SECTION 1, CHAPTER 333, LAWS OF 1980, TO REDESIGNATE THE SECTION; AMENDING
3 SECTION 39-4905, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 333, LAWS OF
4 1980, TO REDESIGNATE THE SECTION; AMENDING SECTION 39-4906, IDAHO CODE,
5 AS ADDED BY SECTION 1, CHAPTER 333, LAWS OF 1980, TO REDESIGNATE THE SEC-
6 TION; AMENDING SECTION 39-4907, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER
7 333, LAWS OF 1980, TO REDESIGNATE THE SECTION; AMENDING SECTION 39-4908,
8 IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 333, LAWS OF 1980, TO REDESIG-
9 NATE THE SECTION; AMENDING THE HEADING FOR CHAPTER 81, TITLE 39, IDAHO
10 CODE, AS ADDED BY SECTION 1, CHAPTER 357, LAWS OF 2001, TO REDESIGNATE THE
11 CHAPTER; AMENDING SECTION 39-8101, IDAHO CODE, AS ADDED BY SECTION 1,
12 CHAPTER 357, LAWS OF 2001, TO REDESIGNATE THE SECTION; AMENDING SECTION
13 39-8102, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 357, LAWS OF 2001, TO
14 REDESIGNATE THE SECTION; AMENDING SECTION 39-8103, IDAHO CODE, AS ADDED BY
15 SECTION 1, CHAPTER 357, LAWS OF 2001, TO REDESIGNATE THE SECTION; AMENDING
16 SECTION 39-8104, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 357, LAWS OF
17 2001, TO REDESIGNATE THE SECTION; AMENDING SECTION 39-8105, IDAHO CODE, AS
18 ADDED BY SECTION 1, CHAPTER 357, LAWS OF 2001, TO REDESIGNATE THE SECTION;
19 AMENDING SECTION 39-8106, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 357,
20 LAWS OF 2001, TO REDESIGNATE THE SECTION; AMENDING SECTION 39-8107, IDAHO
21 CODE, AS ADDED BY SECTION 1, CHAPTER 357, LAWS OF 2001, TO REDESIGNATE THE
22 SECTION; AMENDING SECTION 16-1513, IDAHO CODE, TO PROVIDE CORRECT STATU-
23 TORY CITATIONS; AMENDING SECTION 16-1612, IDAHO CODE, TO PROVIDE A CORRECT
24 STATUTORY CITATION; AMENDING SECTION 16-1613, IDAHO CODE, TO PROVIDE A
25 CORRECT STATUTORY CITATION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
26 SECTION 16-1623, IDAHO CODE, TO PROVIDE A CORRECT STATUTORY CITATION;
27 AMENDING SECTION 16-1632, IDAHO CODE, TO PROVIDE A CORRECT STATUTORY CITA-
28 TION; AMENDING SECTION 16-2007, IDAHO CODE, TO PROVIDE A CORRECT STATUTORY
29 CITATION; AMENDING THE HEADING FOR CHAPTER 21, TITLE 40, IDAHO CODE, AS
30 ADDED BY SECTION 1, CHAPTER 331, LAWS OF 1994, TO REDESIGNATE THE CHAPTER;
31 AMENDING SECTION 40-2101, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 331,
32 LAWS OF 1994, TO REDESIGNATE THE SECTION; AMENDING SECTION 40-2102, IDAHO
33 CODE, AS ADDED BY SECTION 1, CHAPTER 331, LAWS OF 1994, TO REDESIGNATE THE
34 SECTION; AMENDING SECTION 40-2103, IDAHO CODE, AS ADDED BY SECTION 1,
35 CHAPTER 331, LAWS OF 1994, TO REDESIGNATE THE SECTION; AMENDING SECTION
36 40-2104, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 331, LAWS OF 1994, TO
37 REDESIGNATE THE SECTION; AMENDING SECTION 40-2105, IDAHO CODE, AS ADDED BY
38 SECTION 1, CHAPTER 331, LAWS OF 1994, TO REDESIGNATE THE SECTION; AMENDING
39 SECTION 40-2106, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 331, LAWS OF
40 1994, TO REDESIGNATE THE SECTION; AMENDING SECTION 40-2107, IDAHO CODE, AS
41 ADDED BY SECTION 1, CHAPTER 331, LAWS OF 1994, TO REDESIGNATE THE SECTION;
42 AMENDING SECTION 40-2108, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 331,
43 LAWS OF 1994, TO REDESIGNATE THE SECTION; AMENDING SECTION 40-2109, IDAHO
44 CODE, AS ADDED BY SECTION 1, CHAPTER 331, LAWS OF 1994, TO REDESIGNATE THE
45 SECTION; AMENDING SECTION 40-2110, IDAHO CODE, AS ADDED BY SECTION 1,
46 CHAPTER 331, LAWS OF 1994, TO REDESIGNATE THE SECTION; AMENDING SECTION
47 40-2111, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 331, LAWS OF 1994, TO
48 REDESIGNATE THE SECTION; AMENDING SECTION 40-2112, IDAHO CODE, AS ADDED BY
49 SECTION 1, CHAPTER 331, LAWS OF 1994, TO REDESIGNATE THE SECTION; AMENDING
50 SECTION 40-2113, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 331, LAWS OF
51 1994, TO REDESIGNATE THE SECTION AND TO MAKE A TECHNICAL CORRECTION;
52 AMENDING SECTION 41-286, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 322,
53 LAWS OF 1994, TO REDESIGNATE THE SECTION; AMENDING SECTION 41-5501, IDAHO
54 CODE, TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 50-2030, IDAHO CODE,
55 AS ADDED BY SECTION 5, CHAPTER 259, LAWS OF 1987, TO REDESIGNATE THE SEC-
4
1 TION AND TO PROVIDE A CATCHLINE; AMENDING SECTION 54-2607, IDAHO CODE, TO
2 MAKE TECHNICAL CORRECTIONS; AMENDING THE HEADING FOR CHAPTER 39, TITLE 54,
3 IDAHO CODE, AS ADDED BY SECTION 3, CHAPTER 138, LAWS OF 1989, TO REDESIG-
4 NATE THE CHAPTER; AMENDING SECTION 54-3901, IDAHO CODE, AS ADDED BY SEC-
5 TION 3, CHAPTER 138, LAWS OF 1989, TO REDESIGNATE THE SECTION; AMENDING
6 SECTION 54-3902, IDAHO CODE, AS ADDED BY SECTION 3, CHAPTER 138, LAWS OF
7 1989, TO REDESIGNATE THE SECTION AND TO MAKE TECHNICAL CORRECTIONS; AMEND-
8 ING SECTION 54-3903, IDAHO CODE, AS ADDED BY SECTION 3, CHAPTER 138, LAWS
9 OF 1989, TO REDESIGNATE THE SECTION AND TO MAKE TECHNICAL CORRECTIONS;
10 AMENDING SECTION 54-3904, IDAHO CODE, AS ADDED BY SECTION 3, CHAPTER 138,
11 LAWS OF 1989, TO REDESIGNATE THE SECTION AND TO MAKE TECHNICAL CORREC-
12 TIONS; AMENDING SECTION 54-3905, IDAHO CODE, AS ADDED BY SECTION 3, CHAP-
13 TER 138, LAWS OF 1989, AND AMENDED BY SECTION 91, CHAPTER 216, LAWS OF
14 1993, TO REDESIGNATE THE SECTION AND TO PROVIDE A CORRECT CODE REFERENCE;
15 AMENDING THE HEADING FOR CHAPTER 45, TITLE 54, IDAHO CODE, AS ADDED BY
16 SECTION 1, CHAPTER 33, LAWS OF 1998, TO REDESIGNATE THE CHAPTER; AMENDING
17 SECTION 54-4501, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 33, LAWS OF
18 1998, TO REDESIGNATE THE SECTION; AMENDING SECTION 54-4504, IDAHO CODE,
19 AS ADDED BY SECTION 1, CHAPTER 33, LAWS OF 1998, TO REDESIGNATE THE SEC-
20 TION; AMENDING THE HEADING FOR CHAPTER 27, TITLE 55, IDAHO CODE, AS ADDED
21 BY SECTION 1, CHAPTER 335, LAWS OF 1998, TO REDESIGNATE THE CHAPTER;
22 AMENDING SECTION 55-2701, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 335,
23 LAWS OF 1998, TO REDESIGNATE THE SECTION; AMENDING SECTION 55-2702, IDAHO
24 CODE, AS ADDED BY SECTION 1, CHAPTER 335, LAWS OF 1998, TO REDESIGNATE THE
25 SECTION; AMENDING SECTION 55-2703, IDAHO CODE, AS ADDED BY SECTION 1,
26 CHAPTER 335, LAWS OF 1998, TO REDESIGNATE THE SECTION; AMENDING THE HEAD-
27 ING FOR CHAPTER 12, TITLE 56, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER
28 261, LAWS OF 2004, TO REDESIGNATE THE CHAPTER; AMENDING SECTION 56-1201,
29 IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 261, LAWS OF 2004, TO REDESIG-
30 NATE THE SECTION; AMENDING SECTION 56-1202, IDAHO CODE, AS ADDED BY SEC-
31 TION 1, CHAPTER 261, LAWS OF 2004, TO REDESIGNATE THE SECTION; AMENDING
32 SECTION 56-1203, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 261, LAWS OF
33 2004, TO REDESIGNATE THE SECTION; AMENDING SECTION 56-1204, IDAHO CODE, AS
34 ADDED BY SECTION 1, CHAPTER 261, LAWS OF 2004, TO REDESIGNATE THE SECTION
35 AND TO PROVIDE CORRECT CODE REFERENCES; AMENDING SECTION 56-1205, IDAHO
36 CODE, AS ADDED BY SECTION 1, CHAPTER 261, LAWS OF 2004, TO REDESIGNATE THE
37 SECTION; AMENDING SECTION 56-1206, IDAHO CODE, AS ADDED BY SECTION 1,
38 CHAPTER 261, LAWS OF 2004, TO REDESIGNATE THE SECTION; AMENDING SECTION
39 57-232, IDAHO CODE, AS ADDED BY SECTION 30, CHAPTER 208, LAWS OF 2001, TO
40 REDESIGNATE THE SECTION; AMENDING SECTION 63-3622Y, IDAHO CODE, AS ADDED
41 BY SECTION 1, CHAPTER 435, LAWS OF 1990, TO REDESIGNATE THE SECTION;
42 AMENDING SECTION 67-818, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 273,
43 LAWS OF 2000, TO REDESIGNATE THE SECTION; AND AMENDING THE HEADING FOR
44 CHAPTER 62, TITLE 67, IDAHO CODE.
45 Be It Enacted by the Legislature of the State of Idaho:
46 SECTION 1. That Section 5-247, Idaho Code, as added by Section 1, Chapter
47 150, Laws of 2000, be, and the same is hereby amended to read as follows:
48 5-2478. VICTIMS OF CRIMES. (1) For the purpose of any civil action or
49 proceeding brought by a victim of a crime against an offender who committed
50 the crime, for any losses incurred by the victim, which loss was proximately
51 caused by the crime, the limitation periods prescribed by this chapter shall
52 be tolled until one (1) year after the offender has been released from any
5
1 sentence of incarceration served for that crime and in full satisfaction of
2 the sentence imposed.
3 (2) For purposes of this section "full satisfaction of the sentence
4 imposed" means the full-term release date from incarceration for the crime
5 committed against the victim or the full-term release date from incarceration
6 for any other crime for which the offender is serving time concurrently with,
7 or consecutively to, time served for the crime against the victim, whichever
8 is later.
9 SECTION 2. That the Heading for Chapter 13, Title 6, Idaho Code, as added
10 by Section 1, Chapter 225, Laws of 1980, be, and the same is hereby amended to
11 read as follows:
12 CHAPTER 134
13 PRODUCT LIABILITY
14 SECTION 3. That Section 6-1301, Idaho Code, as added by Section 1, Chap-
15 ter 225, Laws of 1980, be, and the same is hereby amended to read as follows:
16 6-13011401. SCOPE. The previous existing applicable law of this state on
17 product liability is modified only to the extent set forth in this act.
18 SECTION 4. That Section 6-1302, Idaho Code, as added by Section 1, Chap-
19 ter 225, Laws of 1980, be, and the same is hereby amended to read as follows:
20 6-13021402. DEFINITIONS. (1) "Product seller" means any person or entity
21 that is engaged in the business of selling products, whether the sale is for
22 resale, or for use or consumption. The term includes a manufacturer, whole-
23 saler, distributor, or retailer of the relevant product. The term also
24 includes a party who is in the business of leasing or bailing such products.
25 The term "product seller" does not include:
26 (a) A provider of professional services who utilizes or sells products
27 within the legally authorized scope of its professional practice. A
28 nonprofessional provider of services is not included unless the sale or
29 use of a product is the principal part of the transaction, and the essence
30 of the relationship between the seller and purchaser is not the furnishing
31 of judgment, skill, or services;
32 (b) A commercial seller of used products who resells a product after use
33 by a consumer or other product user, provided the used product is in
34 essentially the same condition as when it was acquired for resale; and
35 (c) A finance lessor who is not otherwise a product seller. A "finance
36 lessor" is one who acts in a financial capacity, who is not a manufac-
37 turer, wholesaler, distributor, or retailer, and who leases a product
38 without having a reasonable opportunity to inspect and discover defects in
39 the product, under a lease arrangement in which the selection, possession,
40 maintenance, and operation of the product are controlled by a person other
41 than the lessor.
42 (2) "Manufacturer" includes a product seller who designs, produces,
43 makes, fabricates, constructs, or remanufactures the relevant product or com-
44 ponent part of a product before its sale to a user or consumer. It includes a
45 product seller or entity not otherwise a manufacturer that holds itself out as
46 a manufacturer. A product seller acting primarily as a wholesaler, distribu-
47 tor, or retailer of a product may be a "manufacturer" but only to the extent
48 that it designs, produces, makes, fabricates, constructs, or remanufactures
49 the product before its sale.
6
1 (3) "Product" means any object possessing intrinsic value, capable of
2 delivery either as an assembled whole or as a component part or parts, and
3 produced for introduction into trade or commerce. Human tissue and organs,
4 including human blood and its components, are excluded from this term. The
5 "relevant product" under this chapter is that product, or its component part
6 or parts, which gave rise to the product liability claim.
7 (4) "Claimant" means a person or entity asserting a product liability
8 claim, including a wrongful death action, and, if the claim is asserted
9 through or on behalf of an estate, the term includes claimant's decedent.
10 "Claimant" includes any person or entity that suffers harm.
11 (5) "Reasonably anticipated conduct" means the conduct which would be
12 expected of an ordinary reasonably prudent person who is likely to use the
13 product in the same or similar circumstances.
14 SECTION 5. That Section 6-1303, Idaho Code, as added by Section 1, Chap-
15 ter 225, Laws of 1980, be, and the same is hereby amended to read as follows:
16 6-13031403. LENGTH OF TIME PRODUCT SELLERS ARE SUBJECT TO LIABILITY. (1)
17 Useful safe life.
18 (a) Except as provided in subsection (1)(b) hereof, a product seller
19 shall not be subject to liability to a claimant for harm under this chap-
20 ter if the product seller proves by a preponderance of the evidence that
21 the harm was caused after the product's "useful safe life" had expired.
22 "Useful safe life" begins at the time of delivery of the product and
23 extends for the time during which the product would normally be likely to
24 perform or be stored in a safe manner. For the purposes of this chapter,
25 "time of delivery" means the time of delivery of a product to its first
26 purchaser or lessee who was not engaged in the business of either selling
27 such products or using them as component parts of another product to be
28 sold.
29 (b) A product seller may be subject to liability for harm caused by a
30 product used beyond its useful safe life to the extent that the product
31 seller has expressly warranted the product for a longer period.
32 (2) Statute of repose.
33 (a) Generally. In claims that involve harm caused more than ten (10)
34 years after time of delivery, a presumption arises that the harm was
35 caused after the useful safe life had expired. This presumption may only
36 be rebutted by clear and convincing evidence.
37 (b) Limitations on statute of repose.
38 1. If a product seller expressly warrants that its product can be
39 utilized safely for a period longer than ten (10) years, the period
40 of repose, after which the presumption created in subsection (2)(a)
41 hereof arises, shall be extended according to that warranty or prom-
42 ise.
43 2. The ten (10) year period of repose established in subsection
44 (2)(a) hereof does not apply if the product seller intentionally
45 misrepresents facts about its product, or fraudulently conceals
46 information about it, and that conduct was a substantial cause of the
47 claimant's harm.
48 3. Nothing contained in subsection (2) of this section shall affect
49 the right of any person found liable under this chapter to seek and
50 obtain contribution or indemnity from any other person who is respon-
51 sible for harm under this chapter.
52 4. The ten (10) year period of repose established in subsection
53 (2)(a) hereof shall not apply if the harm was caused by prolonged
7
1 exposure to a defective product, or if the injury-causing aspect of
2 the product that existed at the time of delivery was not discoverable
3 by an ordinary reasonably prudent person until more than ten (10)
4 years after the time of delivery, or if the harm, caused within ten
5 (10) years after the time of delivery, did not manifest itself until
6 after that time.
7 (3) Statute of limitation. No claim under this chapter may be brought
8 more than two (2) years from the time the cause of action accrued as defined
9 in section 5-219, Idaho Code.
10 SECTION 6. That Section 6-1304, Idaho Code, as added by Section 1, Chap-
11 ter 225, Laws of 1980, be, and the same is hereby amended to read as follows:
12 6-13041404. COMPARATIVE RESPONSIBILITY. Comparative responsibility shall
13 not bar recovery in an action by any person or his legal representative to
14 recover damages for product liability resulting in death or injury to person
15 or property, if such responsibility was not as great as the responsibility of
16 the person against whom recovery is sought, but any damages allowed shall be
17 diminished in the proportion to the amount of responsibility attributable to
18 the person recovering.
19 SECTION 7. That Section 6-1305, Idaho Code, as added by Section 1, Chap-
20 ter 225, Laws of 1980, be, and the same is hereby amended to read as follows:
21 6-13051405. CONDUCT AFFECTING COMPARATIVE RESPONSIBILITY. (1) Failure to
22 discover a defective condition.
23 (a) Claimant's failure to inspect. A claimant is not required to have
24 inspected the product for a defective condition. Failure to have done so
25 does not render the claimant responsible for the harm caused or reduce the
26 claimant's damages.
27 (b) Claimant's failure to observe an obvious defective condition. When
28 the product seller proves by a preponderance of the evidence that the
29 claimant, while using the product, was injured by a defective condition
30 that would have been obvious to an ordinary reasonably prudent person, the
31 claimant's damages shall be subject to reduction.
32 (c) A nonclaimant's failure to inspect for defects or to observe an obvi-
33 ous defective condition. A nonclaimant's failure to inspect for a defec-
34 tive condition or to observe a defective condition that would have been
35 obvious to an ordinary reasonably prudent person, shall not reduce
36 claimant's damages.
37 (2) Use of a product with a known defective condition.
38 (a) By a claimant. When the product seller proves, by a preponderance of
39 the evidence, that the claimant knew about the product's defective condi-
40 tion, and voluntarily used the product or voluntarily assumed the risk of
41 harm from the product, the claimant's damages shall be subject to reduc-
42 tion to the extent that the claimant did not act as an ordinary reasonably
43 prudent person under the circumstances.
44 (b) By a nonclaimant product user. If the product seller proves by a pre-
45 ponderance of the evidence that a product user, other than the claimant,
46 knew about a product's defective condition, but voluntarily and
47 unreasonably used or stored the product and thereby proximately caused
48 claimant's harm, the claimant's damages shall be subject to apportionment.
49 (3) Misuse of a product.
50 (a) "Misuse" occurs when the product user does not act in a manner that
51 would be expected of an ordinary reasonably prudent person who is likely
8
1 to use the product in the same or similar circumstances.
2 (b) When the product seller proves, by a preponderance of the evidence,
3 that product misuse by a claimant, or by a party other than the claimant
4 or the product seller has proximately caused the claimant's harm, the
5 claimant's damages shall be subject to reduction or apportionment to the
6 extent that the misuse was a proximate cause of the harm.
7 (4) Alteration or modification of a product.
8 (a) "Alteration or modification" occurs when a person or entity other
9 than the product seller changes the design, construction, or formula of
10 the product, or changes or removes warnings or instructions that accompa-
11 nied or were displayed on the product. "Alteration or modification" of a
12 product includes the failure to observe routine care and maintenance, but
13 does not include ordinary wear and tear.
14 (b) When the product seller proves, by a preponderance of the evidence,
15 that an alteration or modification of the product by the claimant, or by a
16 party other than the claimant or the product seller has proximately caused
17 the claimant's harm, the claimant's damages shall be subject to reduction
18 or apportionment to the extent that the alteration or modification was a
19 proximate cause of the harm.
20 This subsection shall not be applicable if:
21 1. The alteration or modification was in accord with the product
22 seller's instructions or specifications;
23 2. The alteration or modification was made with the express or
24 implied consent of the product seller; or
25 3. The alteration or modification was reasonably anticipated con-
26 duct, and the product was defective because of the product seller's
27 failure to provide adequate warnings or instructions with respect to
28 the alteration or modification.
29 SECTION 8. That Section 6-1306, Idaho Code, as added by Section 1, Chap-
30 ter 225, Laws of 1980, be, and the same is hereby amended to read as follows:
31 6-13061406. RELEVANCE OF INDUSTRY CUSTOM, SAFETY OR PERFORMANCE STAN-
32 DARDS, AND TECHNOLOGICAL FEASIBILITY. (1) Evidence of changes in (a) a
33 product's design, (b) warnings or instructions concerning the product, (c)
34 technological feasibility, (d) "state of the art," or (e) the custom of the
35 product seller's industry or business, occurring after the product was manu-
36 factured and delivered to its first purchaser or lessee who was not engaged in
37 the business of either selling such products or using them as component parts
38 of another product to be sold, is not admissible for the purpose of proving
39 that the product was defective in design or that a warning or instruction
40 should have accompanied the product at the time of manufacture. The provisions
41 of this section shall not relieve the product seller of any duty to warn of
42 known defects discovered after the product was designed and manufactured.
43 (2) If the court finds outside the presence of a jury that the probative
44 value of such evidence substantially outweighs its prejudicial effect and that
45 there is no other proof available, this evidence may be admitted for other
46 relevant purposes, including but not limited to proving ownership or control,
47 or impeachment.
48 (3) For purposes of this section, "custom" refers to the practices fol-
49 lowed by an ordinary product seller in the product seller's industry or busi-
50 ness.
51 (4) For purposes of this section, "technological feasibility" means the
52 technological, mechanical and scientific knowledge relating to product safety
53 that was reasonably feasible for use, in light of economic practicality, at
9
1 the time of manufacture.
2 SECTION 9. That Section 6-1307, Idaho Code, as added by Section 1, Chap-
3 ter 225, Laws of 1980, be, and the same is hereby amended to read as follows:
4 6-13071407. INDIVIDUAL RIGHTS AND RESPONSIBILITIES OF PRODUCT SELLERS
5 OTHER THAN MANUFACTURERS. (1) In the absence of express warranties to the con-
6 trary, product sellers other than manufacturers shall not be subject to lia-
7 bility in circumstances where they do not have a reasonable opportunity to
8 inspect the product in a manner which would or should, in the exercise of rea-
9 sonable care, reveal the existence of the defective condition which is in
10 issue; or where the product seller acquires the product in a sealed package or
11 container and sells the product in the same sealed package or container. The
12 liability limitation of this subsection shall not apply if:
13 (a) The product seller had knowledge or reason to know of the defect in
14 the product;
15 (b) The product seller altered, modified, or installed the product, and
16 such alteration, modification or installation was a substantial proximate
17 cause of the incident giving rise to the action, was not authorized or
18 requested by the manufacturer and was not performed in compliance with the
19 directions or specifications of the manufacturer;
20 (c) The product seller provided the plans or specifications for the manu-
21 facturer manufacture or preparation of the product and such plans or spec-
22 ifications were a substantial cause of the product's alleged defect.
23 (d) The product seller is a wholly-owned subsidiary of the manufacturer,
24 or the manufacturer is a wholly-owned subsidiary of the product seller.
25 (e) The product seller sold the product after the expiration date placed
26 on the product or its package by the manufacturer.
27 (2) In an action where the liability limitation of subsection (1)
28 applies, any manufacturer who refuses to accept a tender of defense from the
29 product seller, shall indemnify the product seller for reasonable attorney's
30 fees and costs incurred by the product seller in defending such action.
31 (3) In any product liability action, the manufacturer of the product
32 shall be indemnified by the product seller of the product for any judgment
33 rendered against the manufacturer and shall also be reimbursed for reasonable
34 attorney's fees and costs incurred in defending such action:
35 (a) If the product seller provided the plans or specifications for the
36 manufacture or preparation of the product;
37 (b) If such plans or specifications were a substantial cause of the
38 product's alleged defect; and
39 (c) If the product was manufactured in compliance with and according to
40 the plans or specifications of the seller.
41 The provisions of this subsection shall not apply if the manufacturer had
42 knowledge or with the exercise of reasonable and diligent care should have had
43 knowledge of the defect in the product.
44 (4) A product seller, other than a manufacturer, is also subject to the
45 liability of manufacturer if:
46 (a) The manufacturer is not subject to service of process under the laws
47 of the claimant's domicile; or
48 (b) The manufacturer has been judicially declared insolvent in that the
49 manufacturer is unable to pay its debts as they become due in the ordinary
50 course of business; or
51 (c) The court outside the presence of a jury determines that it is highly
52 probable that the claimant would be unable to enforce a judgment against
53 the product manufacturer.
10
1 SECTION 10. That Section 6-1308, Idaho Code, as added by Section 1, Chap-
2 ter 225, Laws of 1980, be, and the same is hereby amended to read as follows:
3 6-13081408. CONTENTS OF COMPLAINT -- AMOUNT OF RECOVERY. In any product
4 liability action no dollar amount or figure shall be included in the com-
5 plaint. The complaint shall pray for such damages as are reasonable in the
6 premises. The complaint shall include a statement reciting that the jurisdic-
7 tional amount established for filing the action is satisfied.
8 SECTION 11. That Section 6-1309, Idaho Code, as added by Section 1, Chap-
9 ter 225, Laws of 1980, be, and the same is hereby amended to read as follows:
10 6-13091409. SHORT TITLE. This act shall be known and may be cited as the
11 "Idaho Product Liability Reform Act."
12 SECTION 12. That Section 9-340D, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 9-340D. RECORDS EXEMPT FROM DISCLOSURE -- TRADE SECRETS, PRODUCTION
15 RECORDS, APPRAISALS, BIDS, PROPRIETARY INFORMATION. The following records are
16 exempt from disclosure:
17 (1) Trade secrets including those contained in response to public agency
18 or independent public body corporate and politic requests for proposal,
19 requests for clarification, requests for information and similar requests.
20 "Trade secrets" as used in this section means information, including a for-
21 mula, pattern, compilation, program, computer program, device, method, tech-
22 nique, process, or unpublished or in progress research that:
23 (a) Derives independent economic value, actual or potential, from not
24 being generally known to, and not being readily ascertainable by proper
25 means by other persons who can obtain economic value from its disclosure
26 or use; and
27 (b) Is the subject of efforts that are reasonable under the circumstances
28 to maintain its secrecy.
29 (2) Production records, housing production, rental and financing records,
30 sale or purchase records, catch records, mortgage portfolio loan documents, or
31 similar business records of a private concern or enterprise required by law to
32 be submitted to or inspected by a public agency or submitted to or otherwise
33 obtained by an independent public body corporate and politic. Nothing in this
34 subsection shall limit the use which can be made of such information for regu-
35 latory purposes or its admissibility in any enforcement proceeding.
36 (3) Records relating to the appraisal of real property, timber or mineral
37 rights prior to its acquisition, sale or lease by a public agency or indepen-
38 dent public body corporate and politic.
39 (4) Any estimate prepared by a public agency or independent public body
40 corporate and politic that details the cost of a public project until such
41 time as disclosed or bids are opened, or upon award of the contract for con-
42 struction of the public project.
43 (5) Examination, operating or condition reports and all documents relat-
44 ing thereto, prepared by or supplied to any public agency or independent pub-
45 lic body corporate and politic responsible for the regulation or supervision
46 of financial institutions including, but not limited to, banks, savings and
47 loan associations, regulated lenders, business and industrial development cor-
48 porations, credit unions, and insurance companies, or for the regulation or
49 supervision of the issuance of securities.
50 (6) Records gathered by a local agency or the Idaho department of com-
11
1 merce, as described in chapter 47, title 67, Idaho Code, for the specific pur-
2 pose of assisting a person to locate, maintain, invest in, or expand business
3 operations in the state of Idaho.
4 (7) Shipping and marketing records of commodity commissions used to eval-
5 uate marketing and advertising strategies and the names and addresses of grow-
6 ers and shippers maintained by commodity commissions.
7 (8) Financial statements and business information and reports submitted
8 by a legal entity to a port district organized under title 70, Idaho Code, in
9 connection with a business agreement, or with a development proposal or with a
10 financing application for any industrial, manufacturing, or other business
11 activity within a port district.
12 (9) Names and addresses of seed companies, seed crop growers, seed crop
13 consignees, locations of seed crop fields, variety name and acreage by vari-
14 ety. Upon the request of the owner of the proprietary variety, this informa-
15 tion shall be released to the owner. Provided however, that if a seed crop
16 has been identified as diseased or has been otherwise identified by the Idaho
17 department of agriculture, other state departments of agriculture, or the
18 United States department of agriculture to represent a threat to that particu-
19 lar seed or commercial crop industry or to individual growers, information as
20 to test results, location, acreage involved and disease symptoms of that par-
21 ticular seed crop, for that growing season, shall be available for public
22 inspection and copying. This exemption shall not supersede the provisions of
23 section 22-436, Idaho Code.
24 (10) Information obtained from books, records and accounts required in
25 chapter 47, title 22, Idaho Code, to be maintained by the Idaho canola and
26 rapeseed commission and pertaining to the individual production records of ca-
27 nola or rapeseed growers.
28 (11) Records of any risk retention or self-insurance program prepared in
29 anticipation of litigation or for analysis of or settlement of potential or
30 actual money damage claims against a public entity and its employees or
31 against the industrial special indemnity fund except as otherwise discoverable
32 under the Idaho or federal rules of civil procedure. These records shall
33 include, but are not limited to, claims evaluations, investigatory records,
34 computerized reports of losses, case reserves, internal documents and corre-
35 spondence relating thereto. At the time any claim is concluded, only statisti-
36 cal data and actual amounts paid in settlement shall be deemed a public record
37 unless otherwise ordered to be sealed by a court of competent jurisdiction.
38 Provided however, nothing in this subsection is intended to limit the attorney
39 client privilege or attorney work product privilege otherwise available to any
40 public agency or independent public body corporate and politic.
41 (12) Records of laboratory test results provided by or retained by the
42 Idaho food quality assurance laboratory. Nothing in this subsection shall
43 limit the use which can be made, or availability of such information if used,
44 for regulatory purposes or its admissibility in any enforcement proceeding.
45 (13) Reports required to be filed under chapter 13, title 62, Idaho Code,
46 identifying electrical or natural or manufactured gas consumption data for
47 an individual customer or account.
48 (14) Voluntarily prepared environmental audits, and voluntary disclosures
49 of information submitted on or before December 31, 1997, to an environmental
50 agency as defined in section 9-803, Idaho Code, which are claimed to be confi-
51 dential business information.
52 (15) Computer programs developed or purchased by or for any public agency
53 or independent public body corporate and politic for its own use. As used in
54 this subsection, "computer program" means a series of instructions or state-
55 ments which permit the functioning of a computer system in a manner designed
12
1 to provide storage, retrieval and manipulation of data from the computer sys-
2 tem, and any associated documentation and source material that explain how to
3 operate the computer program. Computer program does not include:
4 (a) The original data including, but not limited to, numbers, text,
5 voice, graphics and images;
6 (b) Analysis, compilation and other manipulated forms of the original
7 data produced by use of the program; or
8 (c) The mathematical or statistical formulas that would be used if the
9 manipulated forms of the original data were to be produced manually.
10 (16) Active investigative records and trademark usage audits of the Idaho
11 potato commission specifically relating to the enforcement of chapter 12,
12 title 22, Idaho Code, until the commencement of formal proceedings as pro-
13 vided by rules of the commission; purchase and sales information submitted to
14 the Idaho potato commission during a trademark usage audit, and investigation
15 or enforcement proceedings. Inactive investigatory records shall be disclosed
16 unless the disclosure would violate the standards set forth in subsections
17 (1)(a) through (f) of section 9-335, Idaho Code. Nothing in this subsection
18 shall limit the use which can be made, or availability of such information if
19 used, for regulatory purposes or its admissibility in any enforcement proceed-
20 ing.
21 (17) All records copied or obtained by the director of the department of
22 agriculture or his designee as a result of an inspection pursuant to section
23 25-3806, Idaho Code, except:
24 (a) Records otherwise deemed to be public records not exempt from disclo-
25 sure pursuant to this chapter; and
26 (b) Inspection reports, determinations of compliance or noncompliance and
27 all other records created by the director or his designee pursuant to sec-
28 tion 25-3806, Idaho Code.
29 (18) All data and information collected by the division of animal indus-
30 tries or the state brand board pursuant to the provisions of section 25-207B,
31 Idaho Code, or rules promulgated thereunder.
32 (189) Records disclosed to a county official by the state tax commission
33 pursuant to subsection (4)(c) of section 63-3029B, Idaho Code.
34 SECTION 13. That Section 9-350, Idaho Code, as amended and redesignated
35 by Section 2, Chapter 122, Laws of 1996, be, and the same is hereby amended to
36 read as follows:
37 9-350349A. SEVERABILITY. The provisions of this act are hereby declared
38 to be severable and if any provision of this act or the application of such
39 provision to any person or circumstance is declared invalid for any reason,
40 such declaration shall not affect the validity of remaining portions of this
41 act.
42 SECTION 14. That Section 19-2719A, Idaho Code, as added by Section 4,
43 Chapter 140, Laws of 1995, be, and the same is hereby amended to read as fol-
44 lows:
45 19-2719A2720. INQUIRY INTO NEED FOR NEW COUNSEL. After the imposition of
46 a sentence of death, the trial judge should advise the defendant that, upon a
47 particularized showing that there is a reasonable basis to litigate a claim of
48 ineffective assistance of trial counsel, new counsel may be appointed to rep-
49 resent the defendant to pursue such a claim in a post-conviction proceeding.
50 If no such request is made, the trial judge shall certify of record that there
51 are no facts that have come to the court's attention upon which such a claim
13
1 could reasonably be based or, alternatively, the court may appoint new coun-
2 sel. No deficiency in the application of the procedure described herein shall
3 be grounds for relief from a judgment of conviction or from a sentence.
4 SECTION 15. That the Heading for Chapter 11, Title 22, Idaho Code, as
5 added by Section 2, Chapter 413, Laws of 1990, be, and the same is hereby
6 amended to read as follows:
7 CHAPTER 115
8 SEED AND PLANT CERTIFICATION
9 SECTION 16. That Section 22-1101, Idaho Code, as added by Section 2,
10 Chapter 413, Laws of 1990, be, and the same is hereby amended to read as fol-
11 lows:
12 22-11011501. CERTIFICATION OF SEEDS AND PLANTS -- REGULATION OF CERTIFI-
13 CATION TO BE IN PUBLIC INTEREST. Certification of varieties or strains of
14 seeds, tubers, plants and plant parts raised in the state of Idaho and offered
15 or intended to be offered for sale is in the public interest and a proper sub-
16 ject of regulation by the state of Idaho.
17 SECTION 17. That Section 22-1102, Idaho Code, as added by Section 2,
18 Chapter 413, Laws of 1990, be, and the same is hereby amended to read as fol-
19 lows:
20 22-11021502. COMPLIANCE WITH REGULATIONS REQUIRED WHERE CERTAIN PHRASES
21 USED. Every person, firm, association or corporation who shall issue, use or
22 circulate, any certificate, advertisement, tag, seal, poster, letterhead,
23 marking, circular, written or printed representation or description, of or
24 pertaining to lots of seeds, tubers, plants or plant parts intended for propa-
25 gation or sale, or sold or offered for sale wherein the words "Idaho State
26 Certified," "State Certified," "Idaho Certified," or similar words or phrases
27 are used or employed, or wherein are used or employed signs, symbols, maps,
28 diagrams, picture words or phrases expressly or impliedly stating or repre-
29 senting that such seed, tubers, plants or plant parts comply with or conform
30 to the standards or requirements approved by the Idaho agricultural experiment
31 station in the college of agriculture of the university of Idaho shall be sub-
32 ject to the provisions of this chapter.
33 SECTION 18. That Section 22-1105, Idaho Code, as added by Section 2,
34 Chapter 413, Laws of 1990, be, and the same is hereby amended to read as fol-
35 lows:
36 22-11051505. RULES AND REGULATIONS -- PREPARATION AND PROMULGATION. Every
37 person, firm, association or corporation that intends to offer for sale,
38 offers or sells seeds, tubers, plants or plant parts as certified shall comply
39 with the provisions of this chapter and such rules and regulations as are pro-
40 mulgated by the Idaho agricultural experiment station in the college of agri-
41 culture of the university of Idaho as provided herein, such rules and regula-
42 tions to contain, among other things, a designation of the crops grown or to
43 be grown in Idaho eligible for certification with standards, requirements and
44 procedure necessary for certification with designation of the agency autho-
45 rized to provide certification.
46 Upon the passage of this chapter the Idaho agricultural experiment station
47 in the college of agriculture of the university of Idaho shall prepare and
14
1 issue such rules and regulations as are required by this chapter in compliance
2 with the provisions of chapter 52, title 67, Idaho Code.
3 SECTION 19. That Section 22-1106, Idaho Code, as added by Section 2,
4 Chapter 413, Laws of 1990, be, and the same is hereby amended to read as fol-
5 lows:
6 22-11061506. FEES CHARGED BY CERTIFYING AGENCY. Fees may be charged by
7 the certifying agency, under schedules set forth in rules and regulations for
8 certification of seeds, tubers, plants and plant parts under this chapter, but
9 these fees shall have a reasonable relation to the cost, and may be used only
10 for expenses in connection with certification and improvement of certification
11 services.
12 SECTION 20. That Section 22-1107, Idaho Code, as added by Section 2,
13 Chapter 413, Laws of 1990, be, and the same is hereby amended to read as fol-
14 lows:
15 22-11071507. MAINTENANCE OF SEED STOCKS. The Idaho agricultural experi-
16 ment station or an agent of the university of Idaho appointed, in writing,
17 shall be responsible to obtain and maintain sources of basic seed stocks which
18 include breeder class and foundation class seed of public varieties or strains
19 of crops deemed appropriate by the director of the Idaho agricultural experi-
20 ment station. Basic seed stocks, limited generation certified seed tubers,
21 plant or plant parts shall first be made available for production in Idaho.
22 This shall be accomplished through a system of equitable allocation to any
23 person, firm, partnership, association, corporation or entity located in this
24 state unless a contract or agreement entered into with another public research
25 entity or institution provides otherwise. Price established for the basic seed
26 stocks of seed, tubers, plants or plant parts shall be in reasonable relation
27 to the cost of production, maintenance, handling, storage and processing nec-
28 essary to meet standards set forth in the rules and regulations.
29 SECTION 21. That Section 22-1110, Idaho Code, as added by Section 2,
30 Chapter 413, Laws of 1990, be, and the same is hereby amended to read as fol-
31 lows:
32 22-11101510. REVIEW OF ACTION TAKEN UNDER PROVISIONS OF LAW. Any person,
33 firm, partnership, association or corporation aggrieved by any act or action
34 taken under the provisions of this chapter law may, within thirty (30) days of
35 such act or action, appeal to the district court within and for the district
36 in which said act or action was committed for appropriate relief. It is fur-
37 ther provided that any order or judgment of the district court pertaining to
38 such appeal may be appealed to the Supreme Court of the state of Idaho in the
39 manner in which appeals are made under the present code and procedure, pro-
40 vided, however, that on the appeal to the Supreme Court, the Supreme Court
41 shall consider only questions of law.
42 SECTION 22. That Section 22-1111, Idaho Code, as added by Section 2,
43 Chapter 413, Laws of 1990, be, and the same is hereby amended to read as fol-
44 lows:
45 22-11111511. TITLE. This chapter shall be known as, and may be cited as,
46 the "Seed and Plant Certification Act."
15
1 SECTION 23. That the Heading for Chapter 35, Title 25, Idaho Code, as
2 added by Section 1, Chapter 72, Laws of 1994, be, and the same is hereby
3 amended to read as follows:
4 CHAPTER 356
5 RATITES
6 SECTION 24. That Section 25-3501, Idaho Code, as added by Section 1,
7 Chapter 72, Laws of 1994, be, and the same is hereby amended to read as fol-
8 lows:
9 25-35013601. RATITES DESIGNATED LIVESTOCK. It shall be lawful for any
10 person, persons, association or corporation to engage in the business of prop-
11 agating, breeding, owning or controlling domestic ratites, which are defined
12 as cassowary, ostrich, emu and rhea. For the purposes of all classification
13 and administration of the laws of the state of Idaho, and all administrative
14 orders and rules pertaining thereto, the breeding, raising, producing or mar-
15 keting of such animals or their products by the producer shall be deemed an
16 agricultural pursuit; such animals shall be deemed livestock and their prod-
17 ucts shall be deemed agricultural products; the persons engaged in such agri-
18 cultural pursuits shall be deemed farmers, ratite farmers, ratite breeders or
19 ratite ranchers; the premises within which such a pursuit is conducted shall
20 be deemed farms, ratite farms, or ratite ranches.
21 SECTION 25. That Section 25-3502, Idaho Code, as added by Section 1,
22 Chapter 72, Laws of 1994, be, and the same is hereby amended to read as fol-
23 lows:
24 25-35023602. RATITE FARMS PLACED UNDER JURISDICTION OF DEPARTMENT OF
25 AGRICULTURE. The department of agriculture and the administrator of the divi-
26 sion of animal industries shall have administrative authority for all func-
27 tions which affect the breeding, raising, producing, marketing or any other
28 phase of the production or distribution of domestic ratites, or the products
29 thereof.
30 SECTION 26. That Section 25-3503, Idaho Code, as added by Section 1,
31 Chapter 72, Laws of 1994, be, and the same is hereby amended to read as fol-
32 lows:
33 25-35033603. APPLICATION OF LAWS RELATING TO LIVESTOCK AND DOMESTIC ANI-
34 MALS. All of the provisions of chapter 2, title 25, Idaho Code, applicable to
35 livestock and domestic animals, except those provisions which by their terms
36 are restricted to swine, bovine animals, dairy or breeding cattle, or range
37 cattle, or other particular kind or kinds of livestock and domestic animals to
38 the exclusion of livestock or domestic animals generally, are applicable to
39 domestic ratite animals.
40 SECTION 27. That Section 25-3504, Idaho Code, as added by Section 1,
41 Chapter 72, Laws of 1994, be, and the same is hereby amended to read as fol-
42 lows:
43 25-35043604. RULES FOR DISEASE PREVENTION. The administrator of the divi-
44 sion of animal industries is hereby authorized and empowered to make, promul-
45 gate, and enforce general and reasonable rules not inconsistent with law, for
46 the prevention of the introduction or dissemination of diseases among domestic
16
1 ratite animals of this state, and to otherwise effectuate enforcement of the
2 provisions of chapter 2, title 25, Idaho Code, applicable to domestic ratite
3 animals.
4 SECTION 28. That Section 25-3505, Idaho Code, as added by Section 1,
5 Chapter 72, Laws of 1994, be, and the same is hereby amended to read as fol-
6 lows:
7 25-35053605. INSPECTION OF RATITE FARMS. The division of animal indus-
8 tries and any of its officers shall have the right at any time to inspect any
9 ratite farm, and may go upon such farms or any part thereof to inspect and
10 examine the same and any animals therein.
11 SECTION 29. That Section 25-3506, Idaho Code, as added by Section 1,
12 Chapter 72, Laws of 1994, be, and the same is hereby amended to read as fol-
13 lows:
14 25-35063606. PENALTY FOR VIOLATIONS. Any person, firm or corporation vio-
15 lating any of the provisions of chapter 2, title 25, Idaho Code, applicable to
16 domestic ratite animals, or of the rules promulgated by the division of animal
17 industries for the enforcement thereof, shall be guilty of a misdemeanor and,
18 upon conviction, shall be subject to a fine of not less than one hundred dol-
19 lars ($100) nor more than one thousand dollars ($1,000) for each offense.
20 SECTION 30. That Section 25-3507, Idaho Code, as added by Section 1,
21 Chapter 72, Laws of 1994, be, and the same is hereby amended to read as fol-
22 lows:
23 25-35073607. PROPERTY RIGHTS IN RATITE ANIMALS. Domestic ratite animals
24 shall be, together with their offspring and increases, the subject of owner-
25 ship, lien and absolute property rights, in whatever situation, location or
26 condition such animals may thereafter become, or be, and regardless of their
27 remaining in, or escaping from such restraint or captivity.
28 SECTION 31. That Section 25-3508, Idaho Code, as added by Section 1,
29 Chapter 72, Laws of 1994, be, and the same is hereby amended to read as fol-
30 lows:
31 25-35083608. SEVERABILITY. The provisions of this act are hereby declared
32 to be severable and if any provision of this act or the application of such
33 provision to any person or circumstance is declared invalid for any reason,
34 such declaration shall not affect the validity of the remaining portions of
35 this act.
36 SECTION 32. That Section 25-3502, Idaho Code, as added by Section 1,
37 Chapter 73, Laws of 1994, be, and the same is hereby amended to read as fol-
38 lows:
39 25-35023702. TRANSFER OF FUNCTIONS FROM FISH AND GAME COMMISSION TO
40 DEPARTMENT OF AGRICULTURE. All the functions of the fish and game commission
41 and the department of fish and game, which affect the breeding, raising, pro-
42 ducing, marketing, or any other phase of the production or distribution, of
43 domestic cervidae, or the products thereof, are hereby transferred to and
44 vested in the department of agriculture and the administrator of the division
45 of animal industries; provided, that this act shall not limit or affect the
17
1 powers or duties of the department of fish and game relating to nondomestic
2 cervidae or the management and taking thereof, and provided further that the
3 department of agriculture shall address the reasonable concerns of the depart-
4 ment of fish and game respecting the domestic farming of cervidae as provided
5 in section 36-106(e)(9), Idaho Code.
6 SECTION 33. That Section 25-3503, Idaho Code, as added by Section 1,
7 Chapter 73, Laws of 1994, be, and the same is hereby amended to read as fol-
8 lows:
9 25-35033703. APPLICATION OF LAWS RELATING TO LIVESTOCK AND DOMESTIC ANI-
10 MALS. All of the provisions of chapters 2, 3, 4 and 6, title 25, Idaho Code,
11 applicable to livestock and domestic animals, except those provisions which by
12 their terms are restricted to swine, bovine animals, dairy or breeding cattle,
13 or range cattle, or other particular kind or kinds of livestock and domestic
14 animals to the exclusion of livestock or domestic animals generally, are
15 applicable to domestic cervidae.
16 SECTION 34. That Section 25-3505, Idaho Code, as added by Section 1,
17 Chapter 73, Laws of 1994, be, and the same is hereby amended to read as fol-
18 lows:
19 25-35053705. INSPECTION OF CERVIDAE FARMS. The division of animal indus-
20 tries and any of its officers shall have the right, at any reasonable time, to
21 inspect any domestic cervidae farm, and may go upon such farms or any part
22 thereof where such animals are contained to inspect and examine the same and
23 any animals therein.
24 SECTION 35. That Section 25-3507, Idaho Code, as added by Section 1,
25 Chapter 73, Laws of 1994, be, and the same is hereby amended to read as fol-
26 lows:
27 25-35073707. PROPERTY RIGHTS IN DOMESTIC CERVIDAE. Domestic cervidae
28 shall be, together with their offspring and increases the subject of owner-
29 ship, lien and absolute property rights, (the same as purely domestic animals)
30 in whatever situation, location, or condition such animals may thereafter
31 become, or be, and regardless of their remaining in, or escaping from such
32 restraint or captivity.
33 SECTION 36. That Section 25-3509, Idaho Code, as added by Section 1,
34 Chapter 73, Laws of 1994, be, and the same is hereby amended to read as fol-
35 lows:
36 25-35093709. SEVERABILITY. If any provision of this act or the applica-
37 tion thereof to any person or circumstance is held invalid, such invalidity
38 shall not affect other provisions of application of the act which can be given
39 effect without the invalid provision or application, and to this end the pro-
40 visions of this act are declared to be severable.
41 SECTION 37. That Section 28-50-101, Idaho Code, as added by Section 1,
42 Chapter 422, Laws of 2000, be, and the same is hereby amended to read as fol-
43 lows:
44 28-501-101. DEFINITIONS. As used in this section and section 28-501-102,
45 Idaho Code, the following terms have the following meanings:
18
1 (1) "Consumer credit report" means any written, oral or other communica-
2 tion of any information by a consumer reporting agency bearing on a consumer's
3 creditworthiness, credit standing, or credit capacity, character, general rep-
4 utation, personal characteristics, or mode of living which is used or is
5 expected to be used, or collected in whole or in part for the purpose of serv-
6 ing as a factor in establishing the consumer's eligibility for credit or
7 insurance for personal, family or household purposes, employment purposes or
8 other purposes authorized under sections 603 and 604 of the fair credit
9 reporting act, 15 USC sections 1681a and 1681b, as amended. The term does not
10 include:
11 (a) Any report containing information solely as to transactions or expe-
12 riences between the consumer and the person making the report;
13 (b) Any communication of that information among persons related by common
14 ownership or affiliated by corporate control;
15 (c) Any communication of other information among persons related by com-
16 mon ownership or affiliated by corporate control;
17 (d) Any authorization or approval of a specific extension of credit
18 directly or indirectly by the issuers of a credit card or similar device;
19 (e) Any report in which a person who has been requested by a third party
20 to make a specific extension of credit directly or indirectly to a con-
21 sumer conveys his or her decision with respect to such request, if the
22 third party advises the consumer of the name and address of the person to
23 whom the request was made and the person makes the disclosures to the con-
24 sumer required under section 615 of the fair credit reporting act, 15 USC
25 section 1681m, as amended.
26 (2) "Consumer reporting agency" means a person that, for monetary fees,
27 dues or on a cooperative nonprofit basis, regularly engages in whole or in
28 part in the practice of assembling or evaluating consumer credit information
29 or other information on consumers for the purpose of furnishing consumer
30 reports to third parties.
31 (3) "Person" means any individual, partnership, corporation, trust,
32 estate, cooperative, association, government or governmental subdivision or
33 agency or other entity.
34 SECTION 38. That Section 28-50-102, Idaho Code, as added by Section 1,
35 Chapter 422, Laws of 2000, be, and the same is hereby amended to read as fol-
36 lows:
37 28-501-102. BLOCK OF INFORMATION APPEARING AS A RESULT OF A VIOLATION OF
38 CRIMINAL CODE PROVISION PROHIBITING MISAPPROPRIATION OF PERSONAL INFORMATION.
39 (1) If a consumer submits to a consumer reporting agency a certified copy of a
40 police report setting forth facts establishing probable cause of a violation
41 of section 18-3126, Idaho Code, the consumer reporting agency shall, within
42 thirty (30) days of the receipt of the police report, permanently block or
43 decline to block reporting any information that the consumer identifies on his
44 or her credit report is the result of a violation of section 18-3126, Idaho
45 Code, so that the information cannot be reported. The consumer reporting
46 agency shall promptly notify the furnisher of the information that a police
47 report has been filed, that a block has been requested and the effective date
48 of the block.
49 (2) Furnishers of information and consumer reporting agencies may decline
50 to block or may rescind any block of credit information if:
51 (a) The information was blocked due to a material misrepresentation of
52 fact by the consumer;
53 (b) The consumer agrees that the blocked information, or portions of the
19
1 blocked information, were blocked in error; or
2 (c) The consumer knowingly obtained possession of goods, services or
3 moneys as a result of the blocked transaction or transactions or the con-
4 sumer should have known that he or she obtained possession of goods, ser-
5 vices or moneys as a result of the blocked transaction or transactions.
6 (3) If the block of information is declined or rescinded pursuant to this
7 section, the consumer shall be promptly notified in the same manner as con-
8 sumers are notified of the reinsertion of information pursuant to section 611
9 of the fair credit reporting act, 15 USC section 1681i, as amended. The prior
10 presence of the blocked information in the consumer reporting agency's file on
11 the consumer is not evidence of whether the consumer knew or should have known
12 that he or she obtained possession of any goods, services or moneys.
13 (4) A consumer harmed by a violation of this section may maintain an
14 action for legal damages and injunctive relief against the consumer reporting
15 agency or the furnisher of the information or both. A judgment in favor of the
16 consumer shall include an award of attorney's fees in addition to other appro-
17 priate relief as granted by the court.
18 SECTION 39. That Section 31-868, Idaho Code, as added by Section 1, Chap-
19 ter 312, Laws of 1979, be, and the same is hereby amended to read as follows:
20 31-8689. DEVELOPMENT OF ENERGY SYSTEMS. The boards of County Commission-
21 ers of their respective counties are empowered to establish, create, develop,
22 maintain and operate geothermal energy systems for heating for the benefit of
23 the county and the residents of the county.
24 SECTION 40. That Section 31-A3501, Idaho Code, as added by Section 1,
25 Chapter 189, Laws of 1982, be, and the same is hereby amended to read as fol-
26 lows:
27 31-A35013550. DECLARATION OF PUBLIC POLICY. It is the declaration of the
28 legislature to be in the public interest to encourage nonlitigation resolution
29 of claims between the counties and health providers of the state of Idaho by
30 providing for prelitigation screening of such claims contesting indigent
31 resource eligibility by a hearing panel as provided in this chapter.
32 SECTION 41. That Section 31-A3502, Idaho Code, as added by Section 1,
33 Chapter 189, Laws of 1982, and amended by Section 28, Chapter 213, Laws of
34 1990, be, and the same is hereby amended to read as follows:
35 31-A35023551. ADVISORY PANEL FOR PRELITIGATION CONSIDERATION OF INDIGENT
36 RESOURCE ELIGIBILITY CLAIMS -- PROCEDURE. The counties in the state of Idaho
37 and the health providers furnishing care to eligible medically indigent per-
38 sons, as defined in section 31-3502, Idaho Code, are directed to cooperate in
39 providing an advisory panel in the nature of a special civil grand jury and
40 procedure for prelitigation consideration of claims arising out of contested
41 resource availability of persons applying for indigent relief under the provi-
42 sions of chapter 35, title 31, Idaho Code, which proceedings shall be informal
43 and nonbinding, but nevertheless compulsory as a condition precedent to liti-
44 gation. Proceedings conducted or maintained under the authority of this chap-
45 ter shall be subject to disclosure according to chapter 3, title 9, Idaho
46 Code. Formal rules of evidence shall not apply and all such proceedings shall
47 be expeditious and informal. The panel, thus created, will render opinions
48 where the resource eligibility of applicants, as herein described, has been
49 contested.
20
1 SECTION 42. That Section 31-A3503, Idaho Code, as added by Section 1,
2 Chapter 189, Laws of 1982, be, and the same is hereby amended to read as fol-
3 lows:
4 31-A35033552. APPOINTMENT AND COMPOSITION OF ADVISORY PANEL. The panel
5 will consist of three (3) members to be designated as follows: the chairman of
6 the panel shall be an appointed designee by and of the director of the depart-
7 ment of health and welfare of the state of Idaho, and must be without bias or
8 conflict of interest; one (1) member will be appointed by and represent the
9 Idaho association of counties; and one (1) member will be appointed by and
10 represent the Idaho hospital association. All panelists shall serve under oath
11 that they are without bias or conflict of interest as respects any matter
12 under consideration.
13 SECTION 43. That Section 31-A3504, Idaho Code, as added by Section 1,
14 Chapter 189, Laws of 1982, and amended by Section 3, Chapter 300, Laws of
15 2004, be, and the same is hereby amended to read as follows:
16 31-A35043553. ADVISORY DECISIONS OF PANEL. The general responsibility of
17 the advisory panel will be to consider the eligibility of applicants on claims
18 referred to them and render written opinions regarding such eligibility of
19 applicants as based upon review of analysis of the resources available to the
20 applicant, as defined in section 31-3502(17), Idaho Code. Following proceed-
21 ings on each claim, the advisory panel shall provide the affected parties with
22 its comments and observations with respect to the claim. They shall indicate
23 in such comments whether the applicant appears to have resources available to
24 him or her sufficient to pay for necessary medical services; does not have
25 adequate resources; or any comments or observations which may be relevant and
26 appropriate. The findings of the advisory panel may be used by affected par-
27 ties in resolving contested claims in a manner consistent with the findings
28 presented. However, such findings will be advisory in nature only and not
29 binding on any of the affected parties.
30 SECTION 44. That Section 31-A3505, Idaho Code, as added by Section 1,
31 Chapter 189, Laws of 1982, be, and the same is hereby amended to read as fol-
32 lows:
33 31-A35053554. TOLLING OF LIMITATION PERIODS DURING PENDENCY OF PROCEED-
34 INGS. There shall be no judicial or other review or appeal of such matters. No
35 party shall be obligated to comply with or otherwise be affected or prejudiced
36 by the proposals, conclusions or suggestions of the panel or any member or
37 segment thereof; however, in the interest of due consideration being given to
38 such proceedings and in the interest of encouraging consideration of claims
39 informally and without the necessity of litigation, the applicable statute of
40 limitations shall be tolled and not deemed to run during the time that such a
41 claim is pending before the panel and for thirty (30) days thereafter.
42 SECTION 45. That Section 31-A3506, Idaho Code, as added by Section 1,
43 Chapter 189, Laws of 1982, be, and the same is hereby amended to read as fol-
44 lows:
45 31-A35063555. STAY OF COURT PROCEEDINGS IN INTEREST OF HEARING BEFORE
46 PANEL. During said thirty (30) day period neither party shall commence or
47 prosecute litigation involving the issues submitted to the panel and the dis-
48 trict or other courts having jurisdiction of any such pending claims shall
21
1 stay proceedings in the interest of the conduct of such proceedings before the
2 panel.
3 SECTION 46. That Section 31-A3507, Idaho Code, as added by Section 1,
4 Chapter 189, Laws of 1982, be, and the same is hereby amended to read as fol-
5 lows:
6 31-A35073556. EXPENSES FOR ADVISORY PANEL MEMBERS. Expenses incurred by
7 the members of the advisory panel in the performance of their duties will be
8 borne by the respective organizations making the appointment.
9 SECTION 47. That Section 31-A3508, Idaho Code, as added by Section 1,
10 Chapter 189, Laws of 1982, be, and the same is hereby amended to read as fol-
11 lows:
12 31-A35083557. FREQUENCY OF AND AGENDA FOR MEETINGS. Frequency of an and
13 agenda for meetings of the advisory panel will be subject to the discretion of
14 the chair, based upon criteria to be established by the members of the panel.
15 However, there shall be no more than four (4) meetings of the panel per year.
16 SECTION 48. That Section 33-1003A, Idaho Code, as added by Section 1,
17 Chapter 321, Laws of 1995, be, and the same is hereby amended to read as fol-
18 lows:
19 33-1003AB. SPECIAL APPLICATION -- MINIMUM SUPPORT. In the application of
20 the provisions of the education support program, no district's distribution
21 shall be less in any year than ninety percent (90%) of the distribution of
22 state educational dollars less the special program allocations in sections
23 33-1002, 33-1007A and 33-2006, Idaho Code, received by that district in the
24 immediately preceding year.
25 SECTION 49. That Section 33-1513, Idaho Code, as added by Section 3,
26 Chapter 388, Laws of 2004, be, and the same is hereby amended to read as fol-
27 lows:
28 33-15134. FEE -- REIMBURSEMENT FOR PUPIL TRANSPORTATION COSTS. The state
29 department of education shall assess an annual fee based on past reimbursement
30 to school districts, to be paid by all school districts claiming reimbursement
31 for pupil transportation costs, to defray the department's actual cost of pro-
32 viding financial reviews of school district pupil transportation records.
33 Such fees shall be treated, and may be claimed as reimbursable pupil transpor-
34 tation costs, pursuant to the provisions of section 33-1006, Idaho Code.
35 SECTION 50. That the Heading for Chapter 48, Title 33, Idaho Code, as
36 added by Section 10, Chapter 234, Laws of 1994, be, and the same is hereby
37 amended to read as follows:
38 CHAPTER 489
39 MOTORCYCLE SAFETY PROGRAM
40 SECTION 51. That Section 33-4801, Idaho Code, as added by Section 10,
41 Chapter 234, Laws of 1994, be, and the same is hereby amended to read as fol-
42 lows:
43 33-48014901. COOPERATION BETWEEN DEPARTMENTS. In conjunction with its
22
1 supervision of traffic on public highways, the Idaho transportation department
2 is directed to cooperate with the department of education in its establishment
3 of a motorcycle rider safety program for the state of Idaho.
4 SECTION 52. That Section 33-4802, Idaho Code, as added by Section 10,
5 Chapter 234, Laws of 1994, be, and the same is hereby amended to read as fol-
6 lows:
7 33-48024902. MOTORCYCLE SAFETY PROGRAM. (1) The department of education
8 shall develop standards for, establish and administer the Idaho motorcycle
9 safety program.
10 (2) The department of education shall establish standards for the motor-
11 cycle rider training course, including standards for course curriculum and
12 student evaluation and testing, and shall meet or exceed established national
13 standards for motorcycle rider training courses in effect as of September 1,
14 1994.
15 (3) The program shall include activities to increase motorcyclists' alco-
16 hol and drug effects awareness, motorcycle rider improvement efforts, program
17 promotion activities, and other efforts to enhance motorcycle safety through
18 education, including enhancement of public awareness of motorcycles.
19 (4) The superintendent of public instruction shall appoint a program
20 coordinator to oversee and direct the program.
21 (5) The department of education shall establish standards for the train-
22 ing and approval of motorcycle rider training instructors and skills examiners
23 which shall meet or exceed established national standards for such instructors
24 and skills examiners in effect as of September 1, 1994.
25 SECTION 53. That Section 33-4803, Idaho Code, as added by Section 10,
26 Chapter 234, Laws of 1994, be, and the same is hereby amended to read as fol-
27 lows:
28 33-48034903. IMPLEMENTING AUTHORITY. (1) The department of education
29 shall adopt rules which are necessary to carry out the motorcycle safety pro-
30 gram.
31 (2) The department of education may enter into contracts with public or
32 private entities for course delivery and for the provision of services or
33 materials necessary for administration and implementation of the program.
34 (3) The department of education may offer motorcycle rider training
35 courses directly and may approve courses offered by public or private entities
36 as authorized program courses if they are administered and taught in full com-
37 pliance with standards established for the state program.
38 (4) The department of education may establish reasonable enrollment fees
39 to be charged for persons who participate in a motorcycle rider training
40 course.
41 (5) The department of education may utilize available program funds to
42 defray expenses in offering motorcycle rider training courses and may reim-
43 burse entities which offer approved courses for the expenses incurred in
44 offering the courses in order to minimize any course enrollment fee charged to
45 the students.
46 SECTION 54. That Section 33-4805, Idaho Code, as added by Section 10,
47 Chapter 234, Laws of 1994, be, and the same is hereby amended to read as fol-
48 lows:
49 33-48054905. ADVISORY COMMITTEE. The superintendent of public instruction
23
1 shall establish a program advisory committee consisting of five (5) persons
2 representing various interests in motorcycle safety including, but not limited
3 to, motorcycle riding enthusiasts, dealers and law enforcement personnel. Com-
4 mittee members shall advise the program coordinator in developing, establish-
5 ing and maintaining the program. The committee shall monitor program implemen-
6 tation and report to the superintendent as necessary with recommendations.
7 Members of the committee shall serve without compensation but may be reim-
8 bursed for their reasonable expenses while engaged in committee business.
9 SECTION 55. That Section 33-4806, Idaho Code, as added by Section 10,
10 Chapter 234, Laws of 1994, be, and the same is hereby amended to read as fol-
11 lows:
12 33-48064906. ANNUAL REPORT ON THE PROGRAM. The department of education
13 shall prepare a public report annually. The report shall be completed with the
14 assistance of the program coordinator and the program advisory committee. The
15 report shall include the number and location of various courses offered, the
16 number of instructors approved, the number of students trained in various
17 courses, other information about program implementation as deemed appropriate,
18 and an assessment of the overall impact of the program on motorcycle safety in
19 the state. The report shall also provide a complete accounting of revenue
20 receipts of the motorcycle safety program fund and of all moneys expended
21 under the program.
22 SECTION 56. That Section 49-304, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 49-304. MOTORCYCLE ENDORSEMENT. The department shall issue a motorcycle
25 "M" endorsement on a driver's license to applicants who complete the require-
26 ments to operate a motorcycle.
27 (1) Any person who holds a valid Idaho driver's license on September 1,
28 1994, may operate a motorcycle without a motorcycle "M" endorsement until that
29 driver's license expires or September 1, 1998, whichever occurs first.
30 (2) Any person who applies for a driver's license or renewal of a license
31 after September 1, 1994, may also apply for a motorcycle "M" endorsement.
32 Until September 1, 1998, the requirements for obtaining a motorcycle "M"
33 endorsement are:
34 (a) The applicant shall be tested by written examination for his knowl-
35 edge of safe motorcycle operating practices and traffic laws specific to
36 the operation of motorcycles upon payment of the fee specified in section
37 49-306, Idaho Code.
38 (b) Upon successful completion of the knowledge test and upon payment of
39 the fee required for an "M" endorsement, the applicant shall obtain a
40 motorcycle "M" endorsement on his driver's license.
41 (3) No person under the age of twenty-one (21) years may apply for or
42 obtain a motorcycle "M" endorsement on his driver's license unless he has suc-
43 cessfully completed a motorcycle rider training course approved under the pro-
44 visions of chapter 489, title 33, Idaho Code, in addition to satisfying the
45 requirements specified in subsection (2) of this section. The provisions of
46 this subsection shall not be effective unless and until the motorcycle rider
47 training course is fully implemented by the department of education.
48 (4) Any person who applies for a motorcycle endorsement on a driver's
49 license after September 1, 1998, in addition to the requirements specified in
50 subsection (2) of this section, may also be required to pass the motorcycle
51 "M" skills test before he can obtain the motorcycle "M" endorsement.
24
1 (5) The operation of a motorcycle upon a highway by any person who has
2 failed to obtain a motorcycle "M" endorsement as provided in this section
3 shall constitute an infraction.
4 SECTION 57. That Section 33-5202A, Idaho Code, as added by Section 2,
5 Chapter 370, Laws of 2004, be, and the same is hereby repealed.
6 SECTION 58. That Section 34-440, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 34-44039. DISCLOSURES IN ELECTIONS TO AUTHORIZE BONDED INDEBTEDNESS. Not-
9 withstanding any other provision of law, any taxing district which proposes to
10 submit any question to the electors of the district that would authorize any
11 bonded indebtedness shall provide a brief official statement setting forth in
12 simple, understandable language, information on the proposal substantially as
13 follows:
14 (1) The total existing indebtedness, including interest accrued, of the
15 taxing district;
16 (2) The interest rate which is anticipated on the proposed bond issue,
17 the range of anticipated rates, and the maximum rate if a maximum is specified
18 in the submission of the question; and
19 (3) The total amount to be repaid over the life of the bond issue based
20 on the anticipated interest rate, if the bond election is approved.
21 The verified, official district's statement shall be made a part of the
22 official ballot and be included in the official notice of the election.
23 SECTION 59. That Section 39-1459B, Idaho Code, as added by Section 11,
24 Chapter 183, Laws of 1976, be, and the same is hereby amended to read as fol-
25 lows:
26 39-1459B1457B. AGREEMENT OF THE STATE. The state does hereby pledge to
27 and agree with the holders of any bonds, notes and other obligations issued
28 under this act, and with those parties who may enter into contracts with the
29 authority pursuant to the provisions of this act, that the state will not
30 limit, alter, restrict or impair the rights hereby vested in the authority to
31 acquire, construct, reconstruct, maintain and operate any facility as defined
32 in this act or to establish, revise, charge and collect rates, rents, fees and
33 other charges as may be convenient or necessary to produce sufficient revenues
34 to meet the expenses of maintenance and operation thereof and to fulfill the
35 terms of any agreements made with the holders of bonds, notes or other obliga-
36 tions authorized and issued by this act, and with the parties who may enter
37 into contracts with the authority pursuant to this act, or in any way impair
38 the rights or remedies of the holders of such bonds, notes or other obliga-
39 tions of such parties until the bonds, notes and such other obligations,
40 together with interest thereon, with interest on any unpaid instalment
41 installment of interest and all costs and expenses in connection with any
42 action or proceeding by or on behalf of such holders, are fully met and dis-
43 charged and such contracts are fully performed on the part of the authority.
44 Nothing in this act precludes such limitation or alteration if and when ade-
45 quate provision is made by law for the protection of the holders of such
46 bonds, notes or other obligations of the authority or those entering into such
47 contracts with the authority. The authority is authorized to include this
48 pledge and undertaking for the state in such bonds, notes or other obligations
49 and in such contracts.
25
1 SECTION 60. That the Heading for Chapter 49, Title 39, Idaho Code, as
2 added by Section 1, Chapter 333, Laws of 1980, be, and the same is hereby
3 amended to read as follows:
4 CHAPTER 4950
5 EQUAL OPPORTUNITY FOR DISPLACED HOMEMAKER ACT
6 SECTION 61. That Section 39-4901, Idaho Code, as added by Section 1,
7 Chapter 333, Laws of 1980, be, and the same is hereby amended to read as fol-
8 lows:
9 39-49015001. POLICY. The policy of the state of Idaho is hereby declared
10 to be a recognition of the increasing number of persons in the state who, hav-
11 ing fulfilled the valuable role of homemaker, find themselves displaced
12 because of death or disability of spouse, or divorce or other loss of family
13 income. As a consequence, displaced homemakers have an insufficient income;
14 high rate of unemployment due to age, lack of paid work experience and dis-
15 crimination; and limited opportunities to collect funds of assistance from
16 social security, unemployment compensation, medicaid or other health insurance
17 benefits, or pension plans of the spouse. This chapter seeks to coordinate
18 efforts by state and local public agencies in cooperation with private agen-
19 cies and organizations to assist displaced homemakers to continue as produc-
20 tive citizens, even though their role has necessarily changed.
21 SECTION 62. That Section 39-4904, Idaho Code, as added by Section 1,
22 Chapter 333, Laws of 1980, be, and the same is hereby amended to read as fol-
23 lows:
24 39-49045004. SITE SELECTION. (a) In selecting sites for the centers
25 established under this chapter, the administrator shall consider:
26 (1) The needs of each region of the state for a center;
27 (2) The needs of both urban and rural communities; and
28 (3) The availability of existing facilities adaptable for use as a cen-
29 ter.
30 (b) The administrator may select a public or nonprofit private organiza-
31 tion to administer the centers.
32 (c) The administrator is authorized to enter into contracts with and make
33 grants to the organizations selected for the purpose of establishing and
34 administering centers under this chapter.
35 (d) The administrator shall cooperate with other state, local and federal
36 agencies to coordinate, through the service centers, all programs applicable
37 to displaced homemakers and to avoid duplication of services.
38 (e) To the greatest extent possible, the staff of the service centers
39 established under this chapter, including supervisory, technical and adminis-
40 trative positions, shall be filled by displaced homemakers. Where necessary,
41 potential staff members shall be provided with on-the-job training.
42 SECTION 63. That Section 39-4905, Idaho Code, as added by Section 1,
43 Chapter 333, Laws of 1980, be, and the same is hereby amended to read as fol-
44 lows:
45 39-49055005. ELIGIBILITY AND FEES. The administrator with the advice of
46 the staff at the centers, shall promulgate rules concerning the eligibility of
47 persons to receive assistance through the multipurpose service centers. A
48 sliding fee may be charged for services at the discretion of the director of
26
1 the center.
2 SECTION 64. That Section 39-4906, Idaho Code, as added by Section 1,
3 Chapter 333, Laws of 1980, be, and the same is hereby amended to read as fol-
4 lows:
5 39-49065006. GRANTS AND GIFTS. The director of the center may, with
6 approval of the administrator, apply for and accept any funds, grants, gifts
7 or services made available by any agency or department of the federal govern-
8 ment or any private agency or individual, which funds shall be used to carry
9 out the total program of the centers.
10 SECTION 65. That Section 39-4907, Idaho Code, as added by Section 1,
11 Chapter 333, Laws of 1980, be, and the same is hereby amended to read as fol-
12 lows:
13 39-49075007. REPORTS OF EACH CENTER. The director of each center shall
14 report to the administrator or his/her designee, and shall evaluate the effec-
15 tiveness of the job training, placement and service to displaced homemakers,
16 including the number of persons trained, the number of persons placed in
17 employment, follow-up data on such persons, the number of persons served by
18 the various service programs, and cost effectiveness of the various components
19 of the center. The administrator shall report annually to the education com-
20 mittees of the house of representatives and the senate of the legislature on
21 the status of the displaced homemaker program. The report shall be filed not
22 later than the fifteenth legislative day and in addition to compilations of
23 the information received from each center, may include recommendations of the
24 administrator relating to the program.
25 SECTION 66. That Section 39-4908, Idaho Code, as added by Section 1,
26 Chapter 333, Laws of 1980, be, and the same is hereby amended to read as fol-
27 lows:
28 39-49085008. DISCRIMINATION PROHIBITED. No person shall, on the ground of
29 sex, age, race, color, religion, national origin or handicap, be excluded from
30 participating in, be denied the benefits of, or be subjected to discrimination
31 under any program or activity made available under this chapter.
32 SECTION 67. That the Heading for Chapter 81, Title 39, Idaho Code, as
33 added by Section 1, Chapter 357, Laws of 2001, be, and the same is hereby
34 amended to read as follows:
35 CHAPTER 812
36 IDAHO SAFE HAVEN ACT
37 SECTION 68. That Section 39-8101, Idaho Code, as added by Section 1,
38 Chapter 357, Laws of 2001, be, and the same is hereby amended to read as fol-
39 lows:
40 39-81018201. TITLE. This chapter shall be known as the "Idaho Safe Haven
41 Act."
42 SECTION 69. That Section 39-8102, Idaho Code, as added by Section 1,
43 Chapter 357, Laws of 2001, be, and the same is hereby amended to read as fol-
44 lows:
27
1 39-81028202. DEFINITIONS. As used in this chapter, the following terms
2 shall mean:
3 (1) "Custodial parent," for the purposes of this chapter, means, in the
4 absence of a court decree, the parent with whom the child resides.
5 (2) "Safe haven" means:
6 (a) Hospitals licensed in the state of Idaho;
7 (b) Licensed physicians in the state of Idaho and staff working at their
8 offices and clinics;
9 (c) Advanced practice professional nurses including certified nurse-
10 midwives, clinical nurse specialists, nurse practitioners and certified
11 registered nurse anesthetists licensed or registered pursuant to chapter
12 14, title 54, Idaho Code;
13 (d) Physician assistants licensed pursuant to chapter 18, title 54, Idaho
14 Code.
15 (e) Medical personnel when making an emergency response to a "911" call
16 from a custodial parent, for the purpose of taking temporary physical cus-
17 tody of a child pursuant to the provisions of this act. For purposes of
18 this act, "medical personnel" shall include those individuals certified by
19 the department of health and welfare as:
20 (i) First responders;
21 (ii) Emergency medical technicians - basic;
22 (iii) Advanced emergency medical technicians - ambulance;
23 (iv) Emergency medical technicians - intermediate; and
24 (v) Emergency medical technicians - paramedic.
25 SECTION 70. That Section 39-8103, Idaho Code, as added by Section 1,
26 Chapter 357, Laws of 2001, be, and the same is hereby amended to read as fol-
27 lows:
28 39-81038203. EMERGENCY CUSTODY OF CERTAIN ABANDONED CHILDREN -- CONFIDEN-
29 TIALITY -- IMMUNITY. (1) A safe haven shall take temporary physical custody of
30 a child, without court order, if the child is personally delivered to a safe
31 haven, provided that:
32 (a) The child is no more than thirty (30) days of age;
33 (b) The custodial parent delivers the child to the safe haven; and
34 (c) The custodial parent does not express an intent to return for the
35 child.
36 (2) If a safe haven takes temporary physical custody of a child pursuant
37 to subsection (1) of this section, the safe haven shall:
38 (a) Perform any act necessary, in accordance with generally accepted
39 standards of professional practice, to protect, preserve, or aid the phys-
40 ical health and safety of the child during the temporary physical custody
41 including, but not limited to, delivering the child to a hospital for care
42 or treatment; and
43 (b) Immediately notify a peace officer or other person appointed by the
44 court of the abandonment.
45 (3) The safe haven shall not inquire as to the identity of the custodial
46 parent and, if the identity of a parent is known to the safe haven, the safe
47 haven shall keep all information as to the identity confidential. The custo-
48 dial parent leaving the child shall not be required to provide any information
49 to the safe haven but may voluntarily provide information including, but not
50 limited to, medical history of the parent(s) or the child.
51 (4) A safe haven with responsibility for performing duties under this
52 section, and any employee, doctor, or other personnel working at the safe
53 haven, are immune from any civil or criminal liability that otherwise might
28
1 result from their actions, if they are acting in good faith in receiving a
2 child and performing duties under this section.
3 (5) A custodial parent may leave a child with a safe haven in this state
4 without being subjected to prosecution for abandonment pursuant to the provi-
5 sions of title 18, Idaho Code, provided that the child was no more than thirty
6 (30) days of age when it was left at the safe haven, as determined within a
7 reasonable degree of medical certainty.
8 SECTION 71. That Section 39-8104, Idaho Code, as added by Section 1,
9 Chapter 357, Laws of 2001, be, and the same is hereby amended to read as fol-
10 lows:
11 39-81048204. PROTECTIVE CUSTODY -- PLACEMENT -- IMMUNITY. (1) Upon noti-
12 fication by a safe haven that a child has been abandoned pursuant to the pro-
13 visions of this chapter, a peace officer or other person appointed by the
14 court shall take protective custody of the child and shall immediately deliver
15 the child to the care, control and custody of the department of health and
16 welfare. Provided however, where the child requires further medical evalua-
17 tion, care or treatment, the child shall be left in the care of a hospital and
18 the peace officer or other person appointed by the court shall notify the
19 court and prosecutor of the action taken and the location of the child so
20 that a shelter care hearing may be held.
21 (2) The department of health and welfare shall place an abandoned child
22 with a potential adoptive parent as soon as possible.
23 (3) A peace officer or other person appointed by the court who takes a
24 child into custody under this section, shall not be held liable either crimi-
25 nally or civilly unless the action of taking the child was exercised in bad
26 faith or in violation of the provisions of this chapter.
27 SECTION 72. That Section 39-8105, Idaho Code, as added by Section 1,
28 Chapter 357, Laws of 2001, be, and the same is hereby amended to read as fol-
29 lows:
30 39-81058205. SHELTER CARE HEARING -- INVESTIGATION -- ADJUDICATORY HEAR-
31 ING -- TERMINATION OF PARENT-CHILD RELATIONSHIP. (1) A shelter care hearing
32 shall be held pursuant to section 16-1614, Idaho Code, and the department
33 shall file a petition for adjudicatory hearing to vest legal custody in the
34 department pursuant to section 16-1610, Idaho Code, at or prior to the time
35 set for shelter care hearing.
36 (2) A child protective investigation or criminal investigation shall not
37 be initiated based on a claim of abandonment unless a claim of parental rights
38 is made and the court orders the investigation.
39 (3) During the initial thirty (30) day period from the time the child was
40 delivered to a safe haven by a custodial parent, the department shall request
41 assistance from law enforcement officials to investigate through the missing
42 children information clearinghouse and other state and national resources to
43 ensure that the child is not a missing child.
44 (4) An adjudicatory hearing shall be conducted pursuant to the provisions
45 of section 16-1608, Idaho Code, and section 16-1610, Idaho Code.
46 (5) As soon as practicable following the initial thirty (30) day period
47 from the time the child was delivered to a safe haven by a custodial parent,
48 the department shall petition to terminate the parental rights of the parent
49 who abandoned the child at the safe haven and any unknown parent pursuant to
50 section 16-1615, Idaho Code, and in accordance with chapter 20, title 16,
51 Idaho Code.
29
1 SECTION 73. That Section 39-8106, Idaho Code, as added by Section 1,
2 Chapter 357, Laws of 2001, be, and the same is hereby amended to read as fol-
3 lows:
4 39-81068206. CLAIM OF PARENTAL RIGHTS -- PROCEDURE. (1) A parent of the
5 child may make a claim of parental rights of an abandoned child, abandoned
6 pursuant to the provisions of this chapter, by filing a notice of claim of
7 parental rights with the vital statistics unit of the department of health and
8 welfare. The vital statistics unit of the department of health and welfare
9 shall maintain an abandoned child registry for this purpose which shall be
10 subject to disclosure according to chapter 3, title 9, Idaho Code. The depart-
11 ment shall provide forms for the purpose of filing a claim of parental rights,
12 and the forms shall be made available through the vital statistics unit of the
13 Idaho department of health and welfare and in the office of the county clerk
14 in every county of this state. Any parent claiming a parental right of an
15 abandoned child, abandoned pursuant to the provisions of this chapter, shall
16 file the form with the vital statistics unit of the department of health and
17 welfare. The form must be filled out completely and provide the name and
18 address for service of the person asserting the parental claim and set forth
19 the approximate date the child was left in a safe haven. The form must be
20 signed by the person claiming the parental right and be witnessed before a
21 notary public. The department shall record the date and time the claim of
22 parental rights is filed with the department. The claim shall be deemed to be
23 duly filed with the department as of the date and time recorded on the claim
24 by the department. To be valid, a claim of parental rights must be filed
25 before an order terminating parental rights is entered by the court. A parent
26 that fails to file a claim of parental rights prior to entry of an order ter-
27 minating their parental rights is deemed to have abandoned the child and
28 waived and surrendered any right in relation to the child, including the right
29 to notice of any judicial proceeding in connection with the termination of
30 parental rights or adoption of the child. Registration of notice of commence-
31 ment of paternity proceedings pursuant to chapter 15, title 16, Idaho Code,
32 shall not satisfy the requirements of this section.
33 (2) Prior to the time set for hearing on the petition to terminate paren-
34 tal rights filed by the department of health and welfare, and prior to entry
35 of an order terminating parental rights by the court, the department of health
36 and welfare shall obtain and file with the court a certificate from the vital
37 statistics unit of the department of health and welfare, signed by the state
38 registrar of vital statistics, which certificate shall state that a diligent
39 search has been made of the registry of claims of parental rights of abandoned
40 children, abandoned pursuant to this chapter, and shall set forth the results
41 of that search.
42 (3) If a claim of parental rights is made before an order terminating
43 parental rights is entered by the court, notice pursuant to section 16-2007,
44 Idaho Code, will be required and the court shall hold the action for involun-
45 tary termination of parental rights in abeyance for a period of time not to
46 exceed sixty (60) days unless otherwise ordered by the court. During that
47 period:
48 (a) The court shall order genetic testing to establish maternity or
49 paternity, at the expense of the person or persons claiming the parental
50 right.
51 (b) The department of health and welfare shall conduct an investigation
52 pursuant to section 16-2008, Idaho Code, and in those cases where a guard-
53 ian ad litem has been appointed, the guardian ad litem shall have all
54 rights, powers and duties as provided for in chapter 16, title 16, Idaho
30
1 Code, and as provided for in chapter 20, title 16, Idaho Code.
2 (c) When indicated as a result of the investigation, a shelter care hear-
3 ing shall be conducted by the court in accordance with section 16-1614,
4 Idaho Code, within forty-eight (48) hours, or at an earlier time if
5 ordered by the court, to determine whether the child should remain in the
6 physical custody of the department or be released to a parent or other
7 third party.
8 (d) Further proceedings shall be conducted as the court determines appro-
9 priate. However, where a claim of parental rights is made before an order
10 terminating parental rights is entered by the court, a parent shall not be
11 found to have neglected or abandoned a child placed in accordance with
12 this chapter solely because the child was left with a safe haven.
13 (4) If there is no showing that a parent has claimed a parental right to
14 the child, the department of health and welfare shall file with the court a
15 certificate from the vital statistics unit of the department of health and
16 welfare, signed by the state registrar of vital statistics, stating that a
17 diligent search has been made of the registry of parental claims for children
18 abandoned pursuant to the provisions of this chapter and that no parental
19 claim has been made. The certificate shall be filed with the court prior to
20 the entrance of the final order of termination of parental rights.
21 SECTION 74. That Section 39-8107, Idaho Code, as added by Section 1,
22 Chapter 357, Laws of 2001, be, and the same is hereby amended to read as fol-
23 lows:
24 39-81078207. REPORT TO LEGISLATURE. The department of health and welfare
25 shall evaluate the program and shall submit a written report on the program,
26 including recommendations for revisions and improvements, to the senate health
27 and welfare committee and the house of representatives health and welfare com-
28 mittee of the legislature of the state of Idaho no later than two (2) years
29 after the effective date of this act.
30 SECTION 75. That Section 16-1513, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 16-1513. REGISTRATION OF NOTICE OF COMMENCEMENT OF PATERNITY PROCEEDINGS.
33 (1) A person who is the father or claims to be the father of a child born out
34 of wedlock may claim rights pertaining to his paternity of the child by com-
35 mencing proceedings to establish paternity under section 7-1111, Idaho Code,
36 and by filing with the vital statistics unit of the department of health and
37 welfare notice of his commencement of proceedings to establish his paternity
38 of the child born out of wedlock. The vital statistics unit of the department
39 of health and welfare shall provide forms for the purpose of filing the notice
40 of commencement of paternity proceedings, and the forms shall be made avail-
41 able through the vital statistics unit of the Idaho department of health and
42 welfare and in the office of the county clerk in every county of this state.
43 The forms shall include a written notification that filing pursuant to this
44 section shall not satisfy the requirements of chapter 812, title 39, Idaho
45 Code, and the notification shall also include the following statements:
46 (a) A parent may make a claim of parental rights of an abandoned child,
47 abandoned pursuant to the provisions of chapter 812, title 39, Idaho Code,
48 as provided by section 39-81068206, Idaho Code, by filing a notice of
49 claim of parental rights with the vital statistics unit of the department
50 of health and welfare on a form as prescribed and provided by the vital
51 statistics unit of the department of health and welfare;
31
1 (b) The vital statistics unit of the department of health and welfare
2 shall maintain a separate registry for claims to abandoned children, aban-
3 doned pursuant to the provisions of chapter 812, title 39, Idaho Code;
4 (c) The department shall provide forms for the purpose of filing a claim
5 of parental rights of an abandoned child, abandoned pursuant to the provi-
6 sions of chapter 812, title 39, Idaho Code, and the forms shall be made
7 available through the vital statistics unit of the Idaho department of
8 health and welfare and in the office of the county clerk in every county
9 of this state;
10 (d) To be valid, a claim of parental rights of an abandoned child, aban-
11 doned pursuant to the provisions of chapter 812, title 39, Idaho Code,
12 must be filed before an order terminating parental rights is entered by
13 the court. A parent that fails to file a claim of parental rights prior to
14 entry of an order terminating their parental rights is deemed to have
15 abandoned the child and waived and surrendered any right in relation to
16 the child, including the right to notice of any judicial proceeding in
17 connection with the termination of parental rights or adoption of the
18 child.
19 (e) Registration of notice of commencement of paternity proceedings pur-
20 suant to chapter 15, title 16, Idaho Code, shall not satisfy the require-
21 ments of chapter 812, title 39, Idaho Code. To register a parental claim
22 to an abandoned child, abandoned pursuant to the provisions of chapter
23 812, title 39, Idaho Code, an individual must file an abandoned child reg-
24 istry claim with the vital statistics unit of the department of health and
25 welfare and comply with all other provisions of chapter 812, title 39,
26 Idaho Code, in the time and manner prescribed, in order to preserve paren-
27 tal rights to the child.
28 When filing a notice of the commencement of paternity proceedings, a per-
29 son who claims to be the father of a child born out of wedlock, shall file
30 with the vital statistics unit of the department of health and welfare, the
31 completed form prescribed by the vital statistics unit of the department of
32 health and welfare. Said form will be filled out completely, signed by the
33 person claiming paternity, and witnessed before a notary public.
34 (2) The notice of the commencement of paternity proceedings may be filed
35 prior to the birth of the child, but must be filed prior to the placement for
36 adoption of the child in the home of prospective parents or prior to the date
37 of commencement of any proceeding to terminate the parental rights of the
38 birth mother, whichever event occurs first. The notice of the commencement of
39 paternity proceedings shall be signed by the person filing the notice and
40 shall include his name and address, the name and last address of the mother,
41 and either the birth date of the child or the probable month and year of the
42 expected birth of the child. The vital statistics unit of the department of
43 health and welfare shall maintain a registry for this purpose which shall be
44 subject to disclosure according to chapter 3, title 9, Idaho Code. The depart-
45 ment shall record the date and time the notice of the commencement of proceed-
46 ings is filed with the department. The notice shall be deemed to be duly filed
47 with the department as of the date and time recorded on the notice by the
48 department.
49 (3) If the unmarried biological father does not know the county in which
50 the birth mother resides, he may initiate his action in any county, subject to
51 a change in venue.
52 (4) Any father of a child born out of wedlock who fails to file and reg-
53 ister his notice of the commencement of paternity proceedings prior to the
54 placement for adoption of the child in the home of prospective parents or
55 prior to the date of commencement of any proceeding to terminate the parental
32
1 rights of the birth mother, whichever event occurs first, is deemed to have
2 waived and surrendered any right in relation to the child and shall be barred
3 from thereafter bringing or maintaining any action to establish his paternity
4 of the child. Failure of such filing or registration shall constitute an aban-
5 donment of said child. The filing and registration of a notice of the com-
6 mencement of paternity proceedings by a putative father shall constitute prima
7 facie evidence of the fact of his paternity in any contested proceeding under
8 chapter 11, title 7, Idaho Code. The filing of a notice of the commencement of
9 paternity proceedings shall not be a bar to an action for termination of his
10 parental rights under chapter 20, title 16, Idaho Code.
11 (5) In any adoption proceeding pertaining to a child born out of wedlock,
12 if there is no showing that the putative father has consented to the adoption,
13 a certificate shall be obtained from the vital statistics unit of the depart-
14 ment of health and welfare, signed by the state registrar of vital statistics,
15 which certificate shall state that a diligent search has been made of the reg-
16 istry of notices from putative fathers, and that no filing has been found per-
17 taining to the father of the child in question, or if a filing is found, stat-
18 ing the name of the putative father and the time and date of filing. That cer-
19 tificate shall be filed with the court prior to entry of a final decree of
20 adoption.
21 (6) Identities of putative fathers can only be released pursuant to pro-
22 cedures contained in chapter 3, title 9, Idaho Code.
23 (7) To cover the cost of implementing and maintaining said registry, the
24 vital statistics unit of the department of health and welfare shall charge a
25 filing fee of ten dollars ($10.00) at the time the putative father files his
26 notice of his commencement of proceedings. It is the intent of the legislature
27 that the fee shall cover all direct and indirect costs incurred pursuant to
28 this section. The board of health and welfare shall annually review the fees
29 and expenses incurred pursuant to administering the provisions of this sec-
30 tion.
31 (8) Consistent with its authority denoted in the vital statistics act,
32 section 39-242(c), Idaho Code, the board of health and welfare shall adopt,
33 amend and repeal rules for the purpose of carrying out the provisions of this
34 section.
35 SECTION 76. That Section 16-1612, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 16-1612. EMERGENCY REMOVAL.
38 (a) (1) A child may be taken into shelter care by a peace officer or
39 other person appointed by the court without an order issued pursuant to
40 subsection (d) of section 16-1606 or section 16-1608, Idaho Code, only
41 where the child is endangered in his surroundings and prompt removal is
42 necessary to prevent serious physical or mental injury to the child or
43 where the child is an abandoned child pursuant to the provisions of chap-
44 ter 812, title 39, Idaho Code.
45 (2) An alleged offender may be removed from the home of the victim of
46 abuse or neglect by a peace officer or other person appointed by the court
47 without an order, issued pursuant to subsection (e) of section 16-1606,
48 Idaho Code, only where the child is endangered and prompt removal of an
49 alleged offender is necessary to prevent serious physical or mental injury
50 to the child.
51 (b) When a child is taken into shelter care under subsection (a) of this
52 section, he may be held for a maximum of forty-eight (48) hours, excluding
53 Saturdays, Sundays and holidays, unless a shelter care hearing has been held
33
1 pursuant to section 16-1614, Idaho Code, and the court orders an adjudicatory
2 hearing.
3 (c) When an alleged offender is removed from the home under subsection
4 (a) (2) of this section, a motion based on a sworn affidavit by the department
5 must be filed simultaneously with the petition and the court shall determine
6 at a shelter care hearing, held within a maximum of twenty-four (24) hours,
7 excluding Saturdays, Sundays and holidays, whether the relief sought shall be
8 granted, pending an adjudicatory hearing. Notice of such hearing shall be
9 served upon the alleged offender at the time of removal or other protective
10 relief.
11 SECTION 77. That Section 16-1613, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 16-1613. EMERGENCY REMOVAL -- NOTICE. (a) A peace officer or other person
14 appointed by the court who takes a child into shelter care under section
15 16-1612, Idaho Code, shall immediately:
16 (1) Take the child to a place of shelter, and
17 (2) Notify the court of the action taken and the place to which the child
18 was taken, and,
19 (3) wWith the exception of a child abandoned pursuant to the provisions
20 of chapter 812, title 39, Idaho Code, Nnotify each of the parents, guard-
21 ian or other legal custodian that the child has been taken into shelter
22 care, the type and nature of shelter care, and that the child may be held
23 for a maximum of forty-eight (48) hours, excluding Saturdays, Sundays and
24 holidays, within which time there must be a shelter care hearing.
25 (b) A peace officer or other person appointed by the court who takes a
26 child into shelter care under section 16-1612, Idaho Code, shall not be held
27 liable either criminally or civilly unless the action of taking the child was
28 exercised in bad faith and/or the requirements of subsection (a) of this sec-
29 tion are not complied with.
30 SECTION 78. That Section 16-1623, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 16-1623. POWERS AND DUTIES OF THE DEPARTMENT. The department, working in
33 conjunction with the court and other public and private agencies and persons,
34 shall have the primary responsibility to implement the purpose of this chap-
35 ter. To this end, the department is empowered and shall have the duty to do
36 all things reasonably necessary to carry out the purpose of this chapter,
37 including, but not limited to, the following:
38 (a) The department shall administer treatment programs for the protection
39 and care of neglected, abused and abandoned children, and in so doing may
40 place in foster care, shelter care, or other diagnostic, treatment, or care
41 centers or facilities, children of whom it has been given custody. The depart-
42 ment is to be governed by the standards found in chapter 12, title 39, Idaho
43 Code.
44 (b) On December 1, the department shall make an annual statistical report
45 to the governor covering the preceding fiscal year showing the number and sta-
46 tus of persons in its custody and including such other data as will provide
47 sufficient facts for sound planning in the conservation of children and youth.
48 All officials and employees of the state and of every county and city shall
49 furnish the department upon request, such information within their knowledge
50 and control as the department deems necessary. Local agencies shall report in
51 such uniform format as may be required by the department.
34
1 (c) The department shall be required to maintain a central registry for
2 the reporting of child neglect, abuse and abandonment information. Provided
3 however, that the department shall not retain any information for this purpose
4 relating to a child, or parent of a child, abandoned pursuant to chapter 812,
5 title 39, Idaho Code.
6 (d) The department shall make periodic evaluation of all persons in its
7 custody or under its supervision for the purpose of determining whether exist-
8 ing orders and dispositions in individual cases shall be modified or continued
9 in force. Evaluations may be made as frequently as the department considers
10 desirable and shall be made with respect to every person at intervals not
11 exceeding six (6) months. Reports of evaluation made pursuant to this section
12 shall be filed with the court which vested custody of the person with the
13 department. Reports of evaluation shall be provided to persons having full or
14 partial legal or physical custody of a child. Failure of the department to
15 evaluate a person or to reevaluate him within six (6) months of a previous
16 examination shall not of itself entitle the person to a change in disposition
17 but shall entitle him, his parent, guardian or custodian or his counsel to
18 petition the court pursuant to section 16-1611, Idaho Code.
19 (e) In a consultive capacity, the department shall assist communities in
20 the development of constructive programs for the protection, prevention and
21 care of children and youth.
22 (f) The department shall keep written records of investigations, evalua-
23 tions, prognoses and all orders concerning disposition or treatment of every
24 person over whom it has legal custody. Department records shall be subject to
25 disclosure according to chapter 3, title 9, Idaho Code, unless otherwise
26 ordered by the court, the person consents to the disclosure, or disclosure is
27 necessary for the delivery of services to the person. Notwithstanding the pro-
28 visions restricting disclosure or the exemptions from disclosure provided in
29 chapter 3, title 9, Idaho Code, all records pertaining to investigations, the
30 rehabilitation of youth, the protection of children, evaluation, treatment
31 and/or disposition records pertaining to the statutory responsibilities of the
32 department shall be disclosed to any duly elected state official carrying out
33 his official functions.
34 (g) The department shall establish appropriate administrative procedures
35 for the processing of complaints of child neglect, abuse and abandonment
36 received and for the implementation of the protection, treatment and care of
37 children formally or informally placed in the custody of the department under
38 this chapter.
39 (h) The department having been granted legal custody of a child, subject
40 to the judicial review provisions of this subsection, shall have the right to
41 determine where and with whom the child shall live, provided that the child
42 shall not be placed outside the state without the court's consent. Provided
43 however, that the court shall retain jurisdiction over the child, which juris-
44 diction shall be entered on any order or petition granting legal custody to
45 the department, and the court shall have jurisdiction over all matters relat-
46 ing to the child. The department shall not place the child in the home from
47 which the court ordered the child removed without first obtaining the approval
48 of the court.
49 (i) The department shall give to the court any information concerning the
50 child that the court may at any time require, but in any event shall report
51 the progress of the child under its custody at intervals of not to exceed six
52 (6) months. The department shall file with the court at least five (5) days
53 prior to the permanency hearing under section 16-1611, Idaho Code, the perma-
54 nency plan and recommendations of the department. There shall be a rebuttable
55 presumption that if a child is placed in the custody of the department and was
35
1 also placed in out of the home care for a period not less than fifteen (15)
2 out of the last twenty-two (22) months from the date the child entered shelter
3 care, the department shall initiate a petition for termination of parental
4 rights. This presumption may be rebutted by a finding of the court that the
5 filing of a petition for termination of parental rights would not be in the
6 best interests of the child or reasonable efforts have not been provided to
7 reunite the child with his family, or the child is placed permanently with a
8 relative.
9 (j) The department shall establish appropriate administrative procedures
10 for the conduct of administrative reviews and hearings as required by federal
11 statute for all children committed to the department and placed in out of the
12 home care.
13 (k) At any time the department is considering a placement pursuant to
14 this act, the department shall make a reasonable effort to place the child in
15 the least disruptive environment to the child and in so doing may consider,
16 without limitation, placement of the child with related persons.
17 SECTION 79. That Section 16-1632, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 16-1632. GUARDIAN AD LITEM -- RIGHTS AND POWERS. The guardian ad litem
20 will have the following rights and powers, which shall continue until resigna-
21 tion of the guardian ad litem or until the court removes the guardian ad litem
22 or no longer has jurisdiction, whichever first occurs:
23 (a) The guardian ad litem, if represented by counsel, may file pleadings,
24 motions, memoranda and briefs on behalf of the child, and shall have all of
25 the rights of a party whether conferred by statute, rule of court or other-
26 wise.
27 (b) All parties to any proceeding under this chapter shall promptly
28 notify the guardian ad litem and the guardian's attorney of all hearings,
29 staffings, investigations, depositions and significant changes of circum-
30 stances of the child.
31 (c) Except to the extent prohibited or regulated by federal law or by the
32 provisions of chapter 812, title 39, Idaho Code, upon presentation of a copy
33 of the order appointing guardian ad litem, any person or agency, including,
34 without limitation, any hospital, school, organization, department of health
35 and welfare, doctor, nurse, or other health care provider, psychologist, psy-
36 chiatrist, police department or mental health clinic shall permit the guardian
37 ad litem to inspect and copy pertinent records necessary for the proceeding
38 for which the guardian is appointed relating to the child and parent without
39 consent of the child or parents.
40 SECTION 80. That Section 16-2007, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 16-2007. NOTICE -- WAIVER -- GUARDIAN AD LITEM. After a petition has been
43 filed, the court shall set the time and place for hearing, and shall cause
44 notice thereof to be given to the petitioner, the parents of the child if mar-
45 ried, the mother of the child if unmarried, those persons entitled to notice
46 pursuant to section 16-1513, Idaho Code, the guardian of the person of the
47 child, the person having legal custody of the child, any individual standing
48 in loco parentis to the child, and the guardian ad litem of any party, or if
49 service cannot be had on the parent or guardian, then upon the nearest blood
50 relative named in the petition. The division of welfare of the Idaho depart-
51 ment of health and welfare shall be given notice of the hearing if the peti-
36
1 tion for termination was not filed in conjunction with a petition for adoption
2 or by an adoption agency licensed by the state of Idaho. Notice shall be given
3 by personal service on the parents or guardian. Where reasonable efforts to
4 effect personal service have been unsuccessful, the court shall order service
5 by registered or certified mail to the last known address of the person to be
6 notified and by publication once a week for three (3) successive weeks in a
7 newspaper or newspapers to be designated by the court as most likely to give
8 notice to the person to be served. The hearing shall take place no sooner than
9 ten (10) days after service of notice, or where service is by registered or
10 certified mail and publication, the hearing shall take place no sooner than
11 ten (10) days after the date of last publication. Notice and appearance may be
12 waived by a parent in writing before the court or in the presence of, and wit-
13 nessed by, a clerk of court or a representative of an authorized agency, pro-
14 vided that such parent has been apprised by the court or by such person of the
15 meaning and consequences of the termination action. Where the parent resides
16 outside the state, the waiver shall be acknowledged before a notary of the
17 state and shall contain the current address of the parent. The parent who has
18 executed such a waiver shall not be required to appear. When the termination
19 of the parent and child relationship is sought and the parent is determined to
20 be incompetent to participate in the proceeding, the court shall appoint a
21 guardian ad litem for the alleged incompetent parent. The court may in any
22 other case appoint a guardian ad litem, as may be deemed necessary or desir-
23 able, for any party. Where the putative father has failed to timely commence
24 proceedings to establish paternity under section 7-1111, Idaho Code, and by
25 filing with the vital statistics unit of the department of health and welfare,
26 notice of his commencement of proceedings to establish his paternity of the
27 child born out of wedlock, notice under this section is not required unless
28 such putative father is one of those persons specifically set forth in section
29 16-1505(1), Idaho Code. If a parent fails to file a claim of parental rights
30 pursuant to the provisions of chapter 812, title 39, Idaho Code, for a child
31 left with a safe haven pursuant thereto, prior to entry of an order terminat-
32 ing their parental rights, that parent is deemed to have abandoned the child
33 and waived and surrendered any right in relation to the child, including the
34 right to notice of any judicial proceeding in connection with the termination
35 of parental rights.
36 SECTION 81. That the Heading for Chapter 21, Title 40, Idaho Code, as
37 added by Section 1, Chapter 331, Laws of 1994, be, and the same is hereby
38 amended to read as follows:
39 CHAPTER 212
40 DETACHMENT OF TERRITORY BY PETITION
41 AND ORGANIZATION OF NEW DISTRICT
42 SECTION 82. That Section 40-2101, Idaho Code, as added by Section 1,
43 Chapter 331, Laws of 1994, be, and the same is hereby amended to read as fol-
44 lows:
45 40-21012201. HIGHWAY DISTRICTS SUBJECT TO DETACHMENT. A portion of the
46 territory of an existing highway district, provided that the district is not a
47 single county-wide highway district organized under the provisions of chapter
48 14, title 40, Idaho Code, whether the district is situated wholly in one (1)
49 or more counties, may be detached from the highway district and established as
50 a new highway district as provided in this chapter.
37
1 SECTION 83. That Section 40-2102, Idaho Code, as added by Section 1,
2 Chapter 331, Laws of 1994, be, and the same is hereby amended to read as fol-
3 lows:
4 40-21022202. PETITION. Whenever electors of a portion of the territory
5 embraced in any existing highway district desire that their portion be
6 detached from the highway district and organized into a new highway district,
7 a petition describing the territory by its boundaries, signed by not less than
8 ten (10) electors qualified to vote at a highway district election and resid-
9 ing in the territory sought to be detached shall be presented to the commis-
10 sioners of the highway district.
11 SECTION 84. That Section 40-2103, Idaho Code, as added by Section 1,
12 Chapter 331, Laws of 1994, be, and the same is hereby amended to read as fol-
13 lows:
14 40-21032203. ORDER FOR HEARING UPON PETITION. Immediately upon its next
15 regular meeting or at a special meeting called for that purpose, the highway
16 district commissioners shall by order or resolution fix a time and place for a
17 hearing of the petition, which time shall not be less than twenty-one (21)
18 days from and after the date of the first publication of the notice of the
19 petition and of the hearing.
20 SECTION 85. That Section 40-2104, Idaho Code, as added by Section 1,
21 Chapter 331, Laws of 1994, be, and the same is hereby amended to read as fol-
22 lows:
23 40-21042204. NOTICE OF HEARING AND PETITION. The highway district commis-
24 sioners shall require their clerk to have a notice published in accordance
25 with the provisions of section 40-206, Idaho Code, setting forth the fact that
26 a petition has been filed with the commissioners. The notice shall state the
27 name of the highway district from which territory is proposed to be detached
28 and organized into a new highway district; a concise description of the bound-
29 aries of the territory so proposed to be detached and organized into a new
30 highway district; the current bonded and current warrant indebtedness of the
31 district; a notice of the time and place when and where the petition will be
32 heard by the highway district commissioners; and notice that any elector qual-
33 ified to vote at an election of the highway district may, prior to or at the
34 time of the hearing, file with the highway district clerk written objections
35 to the proposed detachment and organization of said territory.
36 SECTION 86. That Section 40-2105, Idaho Code, as added by Section 1,
37 Chapter 331, Laws of 1994, be, and the same is hereby amended to read as fol-
38 lows:
39 40-21052205. HEARING -- ORDER FOR DETACHMENT AND ORGANIZATION. At the
40 time and place specified in the notice, the highway district commissioners
41 shall consider the petition and all written objections filed with them and
42 shall hear all persons in relation to it. Upon the conclusion of the hearing,
43 which may be continued from day to day, if the commissioners shall determine
44 that the detachment from the highway district of the territory described in
45 the petition is practicable and to the best interests of the territory and of
46 the highway district, they shall, within ten (10) days, make and enter an
47 order directing that the territory be detached from the highway district and
48 be organized into a new highway district at a date not less than thirty (30)
38
1 nor more than sixty (60) days from and after the date of the order.
2 SECTION 87. That Section 40-2106, Idaho Code, as added by Section 1,
3 Chapter 331, Laws of 1994, be, and the same is hereby amended to read as fol-
4 lows:
5 40-21062206. NEW HIGHWAY DISTRICT -- ESTABLISHMENT OF SUBDISTRICTS. When
6 the commissioners of the existing highway district order the establishment of
7 a new highway district, they shall have the duty to name the new highway dis-
8 trict and to divide the new highway district into three (3) subdistricts, as
9 nearly equal in population, area and mileage as practicable, to be known as
10 highway commissioners subdistricts one, two and three. Subdistricts may be
11 revised or modified as changes in conditions demand. Not more than one (1) of
12 the highway district commissioners shall be an elector of the same highway
13 subdistrict.
14 SECTION 88. That Section 40-2107, Idaho Code, as added by Section 1,
15 Chapter 331, Laws of 1994, be, and the same is hereby amended to read as fol-
16 lows:
17 40-21072207. FIRST COMMISSIONERS OF NEW HIGHWAY DISTRICT. The existing
18 highway district commissioners shall appoint a qualified elector to serve as a
19 highway district commissioner for each of the subdistricts of the new highway
20 district. The commissioners shall provide each of the commissioners appointed
21 to the new highway district with a certificate of appointment. Each appointed
22 highway district commissioner shall take and subscribe the official oath,
23 which oath shall be filed in the office of the newly organized highway dis-
24 trict commissioners. The first commissioners shall serve until the next high-
25 way district election as specified in section 40-1305, Idaho Code.
26 SECTION 89. That Section 40-2108, Idaho Code, as added by Section 1,
27 Chapter 331, Laws of 1994, be, and the same is hereby amended to read as fol-
28 lows:
29 40-21082208. ORGANIZATION AND OPERATION OF NEW HIGHWAY DISTRICT. The
30 newly organized highway district shall be organized and operated in accordance
31 with the provisions of chapter 13, title 40, Idaho Code, except for the provi-
32 sions of sections 40-1323, 40-1333 and 40-1334, Idaho Code. All of the public
33 highways, public rights-of-way and public streets located within the bound-
34 aries of any unincorporated city located within the new highway district shall
35 be under the exclusive jurisdiction of the new highway district and such high-
36 ways and streets shall be eligible for maintenance and construction with high-
37 way district funds in the same manner as any other highways in the highway
38 district system.
39 SECTION 90. That Section 40-2109, Idaho Code, as added by Section 1,
40 Chapter 331, Laws of 1994, be, and the same is hereby amended to read as fol-
41 lows:
42 40-21092209. EFFECT OF DETACHMENT OF TERRITORY -- APPORTIONMENT OF
43 INDEBTEDNESS. The detachment of territory from the district shall be deemed to
44 relate only to the operations of the district subsequent to the order of
45 detachment. Territory detached and all taxable property in that territory
46 shall be and remain liable for the proportionate share of all bonded, warrant,
47 and other indebtedness incurred by the district prior to the time of detach-
39
1 ment. The proportionate share of the indebtedness of the district incurred
2 prior to the order of detachment shall be borne by the detached territory and
3 shall be computed as provided in section 40-1609, Idaho Code.
4 SECTION 91. That Section 40-2110, Idaho Code, as added by Section 1,
5 Chapter 331, Laws of 1994, be, and the same is hereby amended to read as fol-
6 lows:
7 40-21102210. VALIDITY OF OUTSTANDING BONDS AND WARRANTS NOT AFFECTED.
8 Nothing in this chapter shall be construed as impairing the validity of any
9 bonds or warrants of a highway district outstanding at the time of the detach-
10 ment of any territory.
11 SECTION 92. That Section 40-2111, Idaho Code, be, as added by Section 1,
12 Chapter 331, Laws of 1994, be, and the same is hereby amended to read as fol-
13 lows:
14 40-21112211. FILING OF CERTIFIED COPY OF ORDER. The commissioners shall
15 cause a certified copy of the order of detachment of territory and organiza-
16 tion of the new highway district to be filed for record in the office of the
17 county recorder of the county in which the highway district is situate, and
18 shall transmit a certified copy of the order to the highway district commis-
19 sioners of the newly organized highway district.
20 SECTION 93. That Section 40-2112, Idaho Code, be, as added by Section 1,
21 Chapter 331, Laws of 1994, be, and the same is hereby amended to read as fol-
22 lows:
23 40-21122212. HIGHWAY DISTRIBUTION ACCOUNT -- ELIGIBILITY. After the new
24 highway district has been organized and in operation for a full quarter of a
25 calendar year, the newly organized highway district shall be eligible for
26 apportionment of funds from the highway distribution account as provided in
27 section 40-709, Idaho Code.
28 SECTION 94. That Section 40-2113, Idaho Code, as added by Section 1,
29 Chapter 331, Laws of 1994, be, and the same is hereby amended to read as fol-
30 lows:
31 40-21132213. TRANSFER OF PROPERTY, FUNDS AND MATERIEL. Except for the
32 highways, bridges, public streets and public rights-of-way within the detached
33 territory, none of the property, either real or personal, or any funds, mate-
34 rial materiel, supplies or equipment owned and under the control of the high-
35 way district from which the territory was detached shall be transferred to the
36 newly organized highway district unless specifically authorized in writing by
37 the highway district owning and controlling such property. However, the high-
38 way district organizing the new highway district may provide property, funds,
39 personnel, materiel or services to the newly organized highway district in
40 accordance with the provisions of section 67-2328, Idaho Code.
41 SECTION 95. That Section 41-286, Idaho Code, as added by Section 1, Chap-
42 ter 322, Laws of 1994, be, and the same is hereby amended to read as follows:
43 41-2867. APPLICATION OF PROVISIONS ADOPTED BY NATIONAL ASSOCIATION OF
44 INSURANCE COMMISSIONERS. The department may not require an insurer to comply
45 with any rule, regulation, directive or standard adopted by the national asso-
40
1 ciation of insurance commissioners unless application of the rule, regulation,
2 directive or standard, including policy reserves, is authorized by statute and
3 implemented by the director pursuant to chapter 52, title 67, Idaho Code. This
4 section shall not expand or restrict the general powers and authority of the
5 director as set forth in section 41-210, Idaho Code.
6 SECTION 96. That Section 41-5501, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 41-5501. DEFINITIONS. As used in this chapter:
9 (1) "Agent" means a producer as defined in section 41-1003(8), Idaho
10 Code.
11 (2) "Board" means the board of directors of the Idaho high risk individ-
12 ual reinsurance pool established in this chapter and the Idaho small employer
13 reinsurance program established in section 41-4711, Idaho Code.
14 (3) "Carrier" means any entity that provides, or is authorized to pro-
15 vide, health insurance in this state. For purposes of this chapter, carrier
16 includes an insurance company, any other entity providing reinsurance includ-
17 ing excess or stop loss coverage, a hospital or professional service corpora-
18 tion, a fraternal benefit society, a managed care organization, any entity
19 providing health insurance coverage or benefits to residents of this state as
20 certificate holders under a group policy issued or delivered outside of this
21 state, and any other entity providing a plan of health insurance or health
22 benefits subject to state insurance regulation.
23 (4) "Dependent" means a spouse, an unmarried child under the age of nine-
24 teen (19) years, an unmarried child who is a full-time student under the age
25 of twenty-three (23) years and who is financially dependent upon the parent,
26 and an unmarried child of any age who is medically certified as disabled and
27 dependent upon the parent.
28 (5) "Director" means the director of the department of insurance of the
29 state of Idaho.
30 (6) "Eligible individual" means:
31 (a) An Idaho resident individual or dependent of an Idaho resident who is
32 under the age of sixty-five (65) years, is not eligible for coverage under
33 a group health plan, part A or part B of title XVIII of the social secu-
34 rity act (medicare), or a state plan under title XIX (medicaid) or any
35 successor program, and who does not have other health insurance coverage;
36 or
37 (b) An individual who is legally domiciled in Idaho on the date of appli-
38 cation to the pool and is eligible for the credit for health insurance
39 costs under section 35 of the Internal Revenue Code of 1986; or
40 (bc) An Idaho resident individual or a dependent of an Idaho resident who
41 is a federally eligible individual (one who meets the eligibility criteria
42 set forth in the federal health insurance portability and accountability
43 act of 1996 Public Law 104-191, Sec. 2741(b) (HIPAA)).
44 Coverage under a basic, standard, catastrophic A or catastrophic B health ben-
45 efit plan shall not be available to any individual who is covered under other
46 health insurance coverage. For purposes of this chapter, to be eligible, an
47 individual must also meet the requirements of section 41-5510, Idaho Code.
48 (7) "Health benefit plan" means any hospital or medical policy or certif-
49 icate, any subscriber contract provided by a hospital or professional service
50 corporation, or health maintenance organization subscriber contract. Health
51 benefit plan does not include policies or certificates of insurance for spe-
52 cific disease, hospital confinement indemnity, accident-only, credit, dental,
53 vision, medicare supplement, long-term care, or disability income insurance,
41
1 student health benefits only, coverage issued as a supplement to liability
2 insurance, worker's compensation or similar insurance, automobile medical pay-
3 ment insurance, or nonrenewable short-term coverage issued for a period of
4 twelve (12) months or less.
5 (8) "Individual basic health benefit plan" means a lower cost health ben-
6 efit plan developed pursuant to section 41-5511, Idaho Code.
7 (9) "Individual carrier" means a carrier that offers health benefit plans
8 covering eligible individuals and their dependents.
9 (10) "Individual catastrophic A health benefit plan" means a higher limit
10 health benefit plan developed pursuant to section 41-5511, Idaho Code.
11 (11) "Individual catastrophic B health benefit plan" means a health bene-
12 fit plan offering limits higher than a catastrophic A health benefit plan
13 developed pursuant to section 41-5511, Idaho Code.
14 (12) "Individual standard health benefit plan" means a health benefit plan
15 developed pursuant to section 41-5511, Idaho Code.
16 (13) "Plan" or "pool plan" means the individual basic, standard, cata-
17 strophic A or catastrophic B plan established pursuant to section 41-5511,
18 Idaho Code.
19 (14) "Plan of operation" means the plan of operation of the individual
20 high risk reinsurance pool established pursuant to this chapter.
21 (15) "Pool" means the Idaho high risk reinsurance pool.
22 (16) "Premium" means all moneys paid by an individual and eligible depend-
23 ents as a condition of receiving coverage from a carrier, including any fees
24 or other contributions associated with the health benefit plan.
25 (17) "Qualifying previous coverage" and "qualifying existing coverage"
26 mean benefits or coverage provided under:
27 (a) Medicare or medicaid, civilian health and medical program for
28 uniformed services (CHAMPUS), the Indian health service program, a state
29 health benefit risk pool, or any other similar publicly sponsored program;
30 or
31 (b) Any group or individual health insurance policy or health benefit
32 arrangement whether or not subject to the state insurance laws, including
33 coverage provided by a managed care organization or a fraternal benefit
34 society.
35 (18) "Reinsurance premium" means the premium set by the board pursuant to
36 section 41-5506, Idaho Code, to be paid by a reinsuring carrier for plans
37 issued under the pool.
38 (19) "Reinsuring carrier" means a carrier participating in the individual
39 high risk reinsurance pool established by this chapter.
40 (20) "Restricted network provision" means any provision of a health bene-
41 fit plan that conditions the payment of benefits, in whole or in part, on the
42 use of health care providers that have entered into a contractual arrangement
43 with the carrier to provide health care services to covered individuals.
44 SECTION 97. That Section 50-2030, Idaho Code, as added by Section 5,
45 Chapter 259, Laws of 1987, be, and the same is hereby amended to read as fol-
46 lows:
47 50-20302. SEVERABILITY. The provisions of this act are hereby declared to
48 be severable; and if any provision of this act or the application of such pro-
49 vision to any person or circumstance is declared invalid for any reason, such
50 declaration shall not affect the validity of remaining portions of this act.
51 SECTION 98. That Section 54-2607, Idaho Code, be, and the same is hereby
52 amended to read as follows:
42
1 54-2607. ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY -- POWERS AND
2 DUTIES. (1) The administrator shall exercise such powers and duties as are
3 reasonably necessary to enforce the minimum standards provided in this chap-
4 ter, and he may among other things:
5 (a) Prescribe and establish procedures to effectuate the efficient
6 enforcement of this chapter not herein prescribed.
7 (b) Serve as secretary to the Idaho plumbing board.
8 (c) Appoint licensed staff inspectors who shall be authorized to enter
9 and inspect by and through a properly identified person, at reasonable
10 hours, plumbing and plumbing systems.
11 (d) Make plumbing inspections for another state or local jurisdiction
12 upon request by an appropriate building official. Such inspections shall
13 be made in accordance with the applicable plumbing codes of the requesting
14 jurisdiction. Fees charged for such inspection services shall be as pro-
15 vided in the rules promulgated by the board.
16 (e) Summon witnesses to appear and testify before him on any matter
17 within the provisions of this chapter. No person shall be required to tes-
18 tify outside the county wherein he resides or where his principal place of
19 business is located. Such summons to testify shall be issued and served in
20 like manner as a subpoena to witness issued from the district court, or in
21 other manner consistent with the procedure of the division of building
22 safety. In case any witness shall fail or refuse to appear and testify
23 upon being summoned as herein provided, the clerk of the district court of
24 the county shall upon demand by the administrator or his designated agent,
25 issue a subpoena reciting the demand therefor and summoning the witness to
26 appear and testify at a time and place fixed. Violation of such subpoena
27 or disobedience thereto shall be deemed and punished as a violation of any
28 other subpoena issued from the district court.
29 (f) Administer oaths and take affirmations of witnesses appearing before
30 him; and have the power to appoint competent persons to issue subpoenas,
31 administer oaths and take testimony.
32 (fg) Impose civil penalties as provided in this chapter and the rules of
33 the Idaho plumbing board.
34 (gh) In addition to any other penalties specified in this chapter, when-
35 ever any person violates the provisions of this chapter and the rules of
36 the Idaho plumbing board, the administrator may maintain an action in the
37 name of the state of Idaho to enjoin that person from any further viola-
38 tions. Such action may be brought either in the county in which the acts
39 are claimed to have been or are being committed, or in the county where
40 the defendant resides, or in Ada county.
41 (i) Upon the filing of a certified complaint in the district court,
42 the court, if satisfied that the acts complained of have been, or
43 probably are being, or may be committed, may issue a temporary
44 restraining order, or a preliminary injunction, or both, without
45 bond, enjoining the defendant from the commission of any such act or
46 acts constituting the violation.
47 (ii) A copy of the complaint shall be served upon the defendant and
48 the proceedings shall thereafter be conducted as in other similar
49 civil actions.
50 (iii) If the commission of the act or acts is established, the court
51 shall enter a decree permanently enjoining the defendant from commit-
52 ting such act or acts. If an injunction issued under the provisions
53 of this section is violated, the court, or the judge thereof at cham-
54 bers, may summarily try and punish the offender for contempt of
55 court.
43
1 (2) It shall be the duty of the administrator to give notice to cities
2 which supply sewer service to areas outside their city limits and who have
3 requested in writing such notice from the administrator of all permits issued
4 relative to sewer installations. The notice shall be given within ten (10)
5 days from the date the permit was requested for such installation. The notice
6 shall contain a map of the physical location of the installation and reference
7 to the date of inspection if the city so requests.
8 SECTION 99. That the Heading for Chapter 39, Title 54, Idaho Code, as
9 added by Section 3, Chapter 138, Laws of 1989, be, and the same is hereby
10 amended to read as follows:
11 CHAPTER 398
12 BOARD OF CEMETERIANS
13 SECTION 100. That Section 54-3901, Idaho Code, as added by Section 3,
14 Chapter 138, Laws of 1989, be, and the same is hereby amended to read as fol-
15 lows:
16 54-39013801. BOARD OF CEMETERIANS. There is hereby established in the
17 department of self-governing agencies a state board of cemeterians to be com-
18 posed of three (3) members appointed by the governor in the manner hereinafter
19 set forth. Each member of the board shall be a cemeterian and resident of the
20 state of Idaho for a period of at least five (5) years next preceding his
21 appointment, during which time he shall have been continuously engaged in the
22 cemetery business. No person shall be eligible for appointment to the board of
23 cemeterians who is financially interested, directly, or indirectly, in any
24 embalming college, wholesale funeral supply business, or casket manufacturing
25 business.
26 The governor shall appoint the members of the board from a list of quali-
27 fied cemeterians of triple the number of persons to be appointed, who shall be
28 proposed and submitted to him by the Idaho cemetery association, inc., or
29 other statewide organization or association of cemeterians whose membership is
30 composed of a majority of all cemeterians of the state.
31 All members of the board of cemeterians shall be appointed to serve for a
32 term of three (3) years, to expire on May 1 of the year of termination of
33 their term, and until their successors have been appointed and qualified; pro-
34 vided, however, the governor is hereby granted the power to alter the term of
35 office of the members of the board first appointed hereunder so that the term
36 of office of not more than one (1) member of the board shall terminate in any
37 one (1) year. In case of a vacancy occurring on said board of cemeterians by
38 reason of the death of any member, or his resignation, incapacity, neglect or
39 refusal to act, or in any other way, the governor shall appoint a qualified
40 member for the remainder of the unexpired term of the vacant office from a
41 list of duly qualified cemeterians prepared and submitted in the manner pre-
42 scribed herein for the initial appointment of members to the board. Any member
43 of the board of cemeterians who willfully fails to properly discharge his
44 duties may be removed by the governor.
45 The board shall meet, not less than annually, to elect a chairman, vice
46 chairman, and secretary and take official board action on pending matters by
47 majority vote of all the members of the board of cemeterians, and in doing so
48 a majority of the members of said board shall at all times constitute a quo-
49 rum. Notice of any meeting shall be given by the chairman to all members of
50 the board at least ten (10) days in advance of each meeting unless such
51 notice is waived in writing by all of the members of the board.
44
1 Each member of the board of cemeterians shall be compensated as provided
2 by section 59-509(g), Idaho Code.
3 SECTION 101. That Section 54-3902, Idaho Code, as added by Section 3,
4 Chapter 138, Laws of 1989, be, and the same is hereby amended to read as fol-
5 lows:
6 54-39023802. POWERS AND DUTIES OF BOARD. The state board of cemeterians
7 shall have the following powers and duties:
8 A.(1) To prepare, conduct, and grade examinations of applicants for
9 cemeterian licenses.
10 B.(2) To certify the results of examinations of applicants and certify
11 the applicant as having "passed" or "failed.".
12 C.(3) To conduct hearings and proceedings in connection with the suspen-
13 sion or revocation of licenses.
14 D.(4) To make findings and recommendations to the governor on any and all
15 matters relating to the enforcement of the provisions of this act.
16 E.(5) To perform all duties and exercise all other powers granted under
17 this act, or the laws of the state of Idaho.
18 F.(6) To authorize, by written agreement, the bureau of occupational
19 licenses as agent to act in its interest.
20 SECTION 102. That Section 54-3903, Idaho Code, as added by Section 3,
21 Chapter 138, Laws of 1989, be, and the same is hereby amended to read as fol-
22 lows:
23 54-39033803. LICENSE FEES. There shall be paid with the filing of any
24 application for an original license, or the application for any renewal of a
25 license, the following license fees:
26 A.(1) Twenty-five dollars ($25.00) for a cemeterian license.
27 B.(2) Thirty-five dollars ($35.00) for a cemetery establishment license.
28 C.(3) Fifteen dollars ($15.00) for a resident trainee license. All
29 licenses shall be issued on a calendar or fiscal year basis, as determined by
30 the board, and there shall be no proration of fees for a part year license.
31 All fees shall be paid to the bureau of occupational licenses.
32 SECTION 103. That Section 54-3904, Idaho Code, as added by Section 3,
33 Chapter 138, Laws of 1989, be, and the same is hereby amended to read as fol-
34 lows:
35 54-39043804. DENIAL, SUSPENSION, OR REVOCATION OF LICENSES -- GROUNDS --
36 PROBATION. The board may refuse to issue or may refuse to renew or may suspend
37 or may revoke any license, or may place the holder thereof on a term of proba-
38 tion, after proper hearing, upon finding that the holder of such license com-
39 mitted any of the following acts or omissions:
40 A.(1) Conviction of, being found guilty of, pleading guilty to or receiv-
41 ing withheld judgment for a crime involving moral turpitude.
42 B.(2) Conviction of, being found guilty of, pleading guilty to or receiv-
43 ing withheld judgment for a felony.
44 C.(3) Unprofessional conduct, which is hereby defined to include:
45 (1a) Misrepresentation or fraud in the conduct of cemetery services;
46 (2b) False or misleading advertising as a holder of a license for the
47 advertising or using the name of an unlicensed person in connection with
48 that of any cemetery establishment;
49 (3c) Employment directly or indirectly, of any resident trainee, agent,
45
1 assistant, employee, or other person, on part or full time, or on commis-
2 sion, for the purpose of calling upon individuals or institutions by whose
3 influence dead human bodies may be turned over to a particular cemetery
4 establishment;
5 (4d) Gross immorality;
6 (5e) Aiding or abetting an unlicensed person to engage in practice as a
7 cemeterian;
8 (6f) Violation of any of the provisions of section 54-1116, Idaho Code.
9 (7g) Violation of any state law, or municipal or county ordinance, or
10 regulation authorized under this act affecting the handling, custody,
11 care, processing or transportation of dead human bodies;
12 (8h) Fraud or misrepresentation in obtaining or renewing a license;
13 (9i) Violation of statutes of any state having to do with prearrangement
14 or prefinancing of cemetery supplies or services.
15 SECTION 104. That Section 54-3905, Idaho Code, as added by Section 3,
16 Chapter 138, Laws of 1989, and as amended by Section 91, Chapter 216, Laws of
17 1993, be, and the same is hereby amended to read as follows:
18 54-39053805. WRITTEN COMPLAINT -- PROCEDURE FOR SUSPENSION OR REVOCATION
19 OF LICENSE. Upon a written complaint filed with the board of cemeterians the
20 board shall cause to be held a hearing to determine whether a license of any
21 person issued under this act should be suspended or revoked, or the issuance
22 or renewal thereof refused, because of a violation of any of the causes set
23 forth in section 54-39043804, Idaho Code. At least fifteen (15) days prior to
24 the date set for such hearing, the board shall cause written notice to be sent
25 by certified mail to the licensee or applicant at his last known address,
26 which notice shall contain a statement of the charges made, and the date, time
27 and place set for hearing. The proceedings shall be governed by the provisions
28 of chapter 52, title 67, Idaho Code. Any party aggrieved by the action of the
29 board shall be entitled to judicial review thereof in accordance with the pro-
30 visions of chapter 52, title 67, Idaho Code.
31 SECTION 105. That the Heading for Chapter 45, Title 54, Idaho Code, as
32 added by Section 1, Chapter 33, Laws of 1998, be, and the same is hereby
33 amended to read as follows:
34 CHAPTER 456
35 PATIENT FREEDOM OF INFORMATION
36 SECTION 106. That Section 54-4501, Idaho Code, as added by Section 1,
37 Chapter 33, Laws of 1998, be, and the same is hereby amended to read as fol-
38 lows:
39 54-45014601. DECLARATION OF PURPOSE. In recognition of the importance of
40 health care to all Idahoans, it is the intent of the legislature to provide
41 patients with easily accessible profile information on specified licensed or
42 registered health care professionals. By creating a database of individual
43 profiles that the public may access, patients will be able to make more
44 informed decisions about whom they wish to engage when in need of health care
45 services. The database should include educational background and work history,
46 disclosure of any final board disciplinary actions, criminal convictions, mal-
47 practice history, and other pertinent information as required by this chapter.
48 The following licensed and registered professional health care providers are
49 subject to this chapter: physicians and surgeons and osteopathic physicians
46
1 and surgeons, physical therapists, dentists, podiatrists, chiropractors, opto-
2 metric physicians, psychologists, physicians' assistants, nurse practitioners,
3 and certified registered nurse anesthetists.
4 SECTION 107. That Section 54-4504, Idaho Code, as added by Section 1,
5 Chapter 33, Laws of 1998, be, and the same is hereby amended to read as fol-
6 lows:
7 54-45044604. INFORMATION AND ACCESS TO PROVIDER PROFILE INFORMATION. The
8 boards and providers subject to the provisions of this chapter shall inform
9 the public that provider profile information is available and make the infor-
10 mation available upon request.
11 The boards and providers shall fully implement the provisions of this
12 chapter no later than January 1, 2000.
13 The boards and providers shall be responsible for promoting public aware-
14 ness of and access to provider profiles as provided in this chapter, which
15 shall include the creation of printed materials and signs to be available in
16 board and provider offices. Profile information on individual providers shall
17 be available at the office(s) of the provider, and their respective board, in
18 written form, upon request, and electronically where available, and shall be
19 considered public information.
20 SECTION 108. That the Heading for Chapter 27, Title 55, Idaho Code, as
21 added by Section 1, Chapter 335, Laws of 1998, be, and the same is hereby
22 amended to read as follows:
23 CHAPTER 278
24 PSYCHOLOGICALLY IMPACTED REAL PROPERTY
25 SECTION 109. That Section 55-2701, Idaho Code, as added by Section 1,
26 Chapter 335, Laws of 1998, be, and the same is hereby amended to read as fol-
27 lows:
28 55-27012801. PSYCHOLOGICALLY IMPACTED DEFINED. As used in this chapter,
29 "psychologically impacted" means the effect of certain circumstances surround-
30 ing real property which include, but are not limited to, the fact or suspicion
31 that real property might be or is impacted as a result of facts or suspicions
32 including, but not limited to the following:
33 (1) That an occupant or prior occupant of the real property is or was at
34 any time suspected of being infected or has been infected with a disease which
35 has been determined by medical evidence to be highly unlikely to be trans-
36 mitted through the occupancy of a dwelling place; or
37 (2) That the real property was at any time suspected of being the site of
38 suicide, homicide or the commission of a felony which had no effect on the
39 physical condition of the property or its environment or the structures
40 located thereon; or
41 (3) That a registered or suspected sex offender occupied or resides near
42 the property.
43 SECTION 110. That Section 55-2702, Idaho Code, as added by Section 1,
44 Chapter 335, Laws of 1998, be, and the same is hereby amended to read as fol-
45 lows:
46 55-27022802. NO CAUSE OF ACTION. No cause of action shall arise against
47 an owner of real property or a representative of the owner for a failure to
47
1 disclose to the transferee of the real property or a representative of the
2 transferee that the real property was psychologically impacted.
3 SECTION 111. That Section 55-2703, Idaho Code, as added by Section 1,
4 Chapter 335, Laws of 1998, be, and the same is hereby amended to read as fol-
5 lows:
6 55-27032803. REQUEST FOR DISCLOSURE. In the event that a purchaser who is
7 in the process of making a bona fide offer advises the owner's representative
8 in writing that knowledge of whether the property may be psychologically
9 impacted is an important factor in the purchaser's decision to purchase the
10 property, the owner's representative shall make inquiry of the owner and, with
11 the consent of the owner and subject to and consistent with the applicable
12 laws of privacy, shall report any findings to the purchaser. If the owner
13 refuses disclosure, the owner's representative shall advise the purchaser or
14 the purchaser's representative that the information will not be disclosed.
15 SECTION 112. That the Heading for Chapter 12, Title 56, Idaho Code, as
16 added by Section 1, Chapter 261, Laws of 2004, be, and the same is hereby
17 amended to read as follows:
18 CHAPTER 123
19 LONG-TERM CARE PARTNERSHIP PROGRAM
20 SECTION 113. That Section 56-1201, Idaho Code, as added by Section 1,
21 Chapter 261, Laws of 2004, be, and the same is hereby amended to read as fol-
22 lows:
23 56-12011301. SHORT TITLE. This chapter shall be known and may be cited as
24 the "Idaho Long-term Care Partnership Program."
25 SECTION 114. That Section 56-1202, Idaho Code, as added by Section 1,
26 Chapter 261, Laws of 2004, be, and the same is hereby amended to read as fol-
27 lows:
28 56-12021302. DEFINITIONS. The following words and phrases when used in
29 this chapter have the meanings given to them unless the context clearly indi-
30 cates otherwise:
31 (1) "Asset disregard" means the total assets an individual owns and may
32 retain under medicaid and still qualify for benefits at the time the individ-
33 ual applies for benefits:
34 (a) If the individual is a beneficiary of a long-term care partnership
35 program approved policy; and
36 (b) Has exhausted the benefits of the policy.
37 (2) "Department" means the department of health and welfare.
38 (3) "Long-term care partnership program approved policy" means a long-
39 term care insurance policy which is approved by the department of insurance
40 and is provided through state approved long-term care insurers through the
41 Idaho long-term care partnership program.
42 (4) "Medicaid" means the federal medical assistance program established
43 under title XIX of the social security act.
44 SECTION 115. That Section 56-1203, Idaho Code, as added by Section 1,
45 Chapter 261, Laws of 2004, be, and the same is hereby amended to read as fol-
46 lows:
48
1 56-12031303. LONG-TERM CARE PARTNERSHIP PROGRAM. (1) Upon the repeal of
2 restrictions to asset protection contained in the omnibus budget reconcilia-
3 tion act of 1993 (public law 103-66, 107 Stat. 312), there shall be estab-
4 lished the Idaho long-term care partnership program, to be administered by the
5 department with the assistance of the department of insurance to do the fol-
6 lowing:
7 (a) Provide incentives for individuals to insure against the costs of
8 providing for their long-term care needs;
9 (b) Provide a mechanism for individuals to qualify for coverage of the
10 cost of their long-term care needs under medicaid without first being
11 required to substantially exhaust their resources;
12 (c) Provide counseling services to individuals planning for their long-
13 term care needs; and
14 (d) Alleviate the financial burden on the state's medical assistance pro-
15 gram by encouraging the pursuit of private initiatives.
16 (2) Upon exhausting benefits under a long-term care partnership program
17 policy, certain resources of an individual, as described in subsection (3) of
18 this section, shall not be considered by the department as a determination of
19 any of the following:
20 (a) Eligibility for medicaid;
21 (b) Amount of any medicaid payment; or
22 (c) Any subsequent recovery by the state of a payment for medical ser-
23 vices.
24 (3) The department shall promulgate necessary rules and amendments to the
25 state plan to allow for asset disregard. To provide asset disregard, for pur-
26 chasers of a long-term care partnership program policy, the department shall
27 count insurance benefits paid under the policy toward asset disregard to the
28 extent the payments are for covered services under the long-term care partner-
29 ship program policy.
30 SECTION 116. That Section 56-1204, Idaho Code, as added by Section 1,
31 Chapter 261, Laws of 2004, be, and the same is hereby amended to read as fol-
32 lows:
33 56-12041304. SPECIFIC ELIGIBILITY. (1) An individual who is a benefi-
34 ciary of a long-term care partnership program policy is eligible for assis-
35 tance under medicaid using the asset disregard under section 56-12031303(3),
36 Idaho Code.
37 (2) If the program is discontinued, an individual who purchased a long-
38 term care partnership policy prior to the date the program is discontinued
39 shall be eligible to receive asset disregard.
40 (3) The department may enter into reciprocal agreements with other states
41 to extend the asset disregard to residents of the state who purchased long-
42 term care policies in another state which has a substantially similar asset
43 disregard program to the program under section 56-12031303, Idaho Code.
44 SECTION 117. That Section 56-1205, Idaho Code, as added by Section 1,
45 Chapter 261, Laws of 2004, be, and the same is hereby amended to read as fol-
46 lows:
47 56-12051305. ADMINISTRATION. The department and the department of insur-
48 ance are authorized to adopt rules to implement the provisions of this chapter
49 and for its administration.
50 SECTION 118. That Section 56-1206, Idaho Code, as added by Section 1,
49
1 Chapter 261, Laws of 2004, be, and the same is hereby amended to read as fol-
2 lows:
3 56-12061306. NOTICE REQUIREMENT. (1) A long-term care insurance policy
4 issued after the effective date of this chapter shall contain a notice provi-
5 sion to the consumer detailing in plain language the current law pertaining to
6 asset disregard and asset tests.
7 (2) The notice to the consumer under subsection (1) of this section shall
8 be developed by the director of the department of insurance.
9 SECTION 119. That Section 57-232, Idaho Code, as added by Section 30,
10 Chapter 208, Laws of 2001, be, and the same is hereby amended to read as fol-
11 lows:
12 57-2324. CREATION AND PERFECTION OF GOVERNMENT SECURITY INTERESTS. (1)
13 The revenues, fees, rents, charges, taxes or other property pledged by a gov-
14 ernmental unit for the purpose of securing its bonds, which pledge is hereby
15 authorized, are immediately subject to the lien of the pledge, and the lien
16 shall be a perfected lien upon the effective date of the security agreement.
17 No physical delivery of any security agreement or any other act is required.
18 Neither the security agreement nor a financing statement need be filed or
19 recorded under the uniform commercial code or otherwise. The lien of any
20 pledge is valid, binding, perfected and enforceable from the time the pledge
21 is made. The lien of the pledge shall have priority based on the time of the
22 creation of the pledge unless otherwise provided in the security agreement.
23 The lien of the pledge shall have priority as against all parties having
24 claims of any kind in tort, contract, or otherwise against the governing body,
25 irrespective of whether the parties have notice of the lien. Each pledge and
26 security agreement made for the benefit or security of any of the bonds shall
27 continue to be effective until the principal, interest, and premium, if any,
28 on the bonds have been fully paid or provision for payment has been made, or
29 until the lien created by the security agreement has been released by agree-
30 ment of the parties in interest or as provided by the security agreement that
31 created the lien.
32 (2) As used in this section:
33 (a) "Bonds" means any bond, note, lease or other obligation of a govern-
34 mental unit;
35 (b) "Governmental unit" has the meaning assigned in section 28-9-102,
36 Idaho Code;
37 (c) "Pledge" means the creation of a security interest of any kind;
38 (d) "Property" means any property or interests therein, other than real
39 property; and
40 (e) "Security agreement" means any resolution, ordinance, indenture, doc-
41 ument, or other agreement or instrument under which the revenues, fees,
42 rents, charges, taxes or other property are pledged to secure the bonds.
43 (3) This section expressly governs the creation, perfection, priority and
44 enforcement of a security interest created by the state or a governmental unit
45 of the state, notwithstanding any provisions in chapter 9, title 28, Idaho
46 Code, to the contrary.
47 SECTION 120. That Section 63-3622Y, Idaho Code, as added by Section 1,
48 Chapter 435, Laws of 1990, be, and the same is hereby amended to read as fol-
49 lows:
50 63-3622YII. MONEY-OPERATED DISPENSING EQUIPMENT. There is hereby exempted
50
1 from the taxes imposed by this chapter the sale or purchase of money-operated
2 dispensing equipment which is solely consumed in dispensing a tangible prod-
3 uct, amusement or service on which a retail sales tax is imposed or collected
4 by the state of Idaho. As used in this section, "money-operated dispensing
5 equipment" shall be interpreted narrowly to include only that equipment which
6 consummates a sale by the placement of lawful money in the dispensing equip-
7 ment and shall not include sales facilitating equipment such as, but not lim-
8 ited to, transportation, warehousing, storage, and display equipment which is
9 consumed in the disposition of an item or product subject to the tax imposed
10 by this chapter.
11 SECTION 121. That Section 67-818, Idaho Code, as added by Section 1,
12 Chapter 273, Laws of 2000, be, and the same is hereby amended to read as fol-
13 lows:
14 67-81820. FLAGS FLOWN AT HALF-STAFF -- DEATH IN LINE OF DUTY FOR POLICE,
15 FIREFIGHTERS, PARAMEDICS OR EMTS. The governor, upon timely notification and
16 verification of the death of a federal, state or local law enforcement offi-
17 cer, firefighter, paramedic or emergency medical technician who is employed or
18 volunteering for an agency in the state of Idaho and who died in the line of
19 duty, shall direct that the flag of the United States and the state flag be
20 flown at half-staff, from the time of notification to the governor until the
21 day following the memorial service, at the state capitol building and at other
22 state and local government buildings. The flags shall be flown upon an exist-
23 ing flagstaff or flagstaffs or, at the option of the governor, a flagstaff or
24 flagstaffs erected at an appropriate site, after consultation with organiza-
25 tions representing law enforcement officers, firefighters, paramedics or emer-
26 gency medical technicians regarding the location and design of the flagstaff
27 or flagstaffs. The flag flown over the capitol building in honor of the
28 deceased shall be presented to the family.
29 SECTION 122. That the Heading for Chapter 62, Title 67, Idaho Code, be,
30 and the same is hereby amended to read as follows:
31 CHAPTER 62
32 IDAHO HOUSING AGENCY AND FINANCE ASSOCIATION
STATEMENT OF PURPOSE
RS 14552
The purpose of this bill is to make various codifier corrections to
the Idaho Code. In the course of a legislative session, multiple
amendments to a single code section, chapter or title are
frequently passed. Occasionally, these multiple amendments result
in conflicting numbering of sections or subsections. In addition,
in some instances, separate sections of the code contain citations
to sections or subsections which contain conflicting numbering due
to multiple amendments. Conflicting citation numbering is
identified at the time session laws for any given year are
incorporated into the existing code. Sections or subsections
containing conflicting numbering are redesignated by the codifier.
Redesignated code citations are set forth in brackets following
citations as set forth in session laws. The bracketed citation
remains in the code until the affected section undergoes a future
amendment and then, at that time, a correction to the citation
number is made. This method of indicating codifier corrections is
often confusing to the reader. Rather than waiting for future
amendments to the various affected sections, this bill compiles
those code sections affected in the legislative sessions prior to
2005 that contain conflicting numbering so that the designations
may be corrected.
FISCAL NOTE
There is no fiscal impact as a result of this bill.
Contact
Name: Mike Nugent, Legislative Services Offices
Phone: 208/334-2475
STATEMENT OF PURPOSE/FISCAL NOTE H 22