Idaho Code tit. 6 | Title 6 — Actions in Particular Cases

Idaho Code, published by the Idaho Legislative Services Office. Idaho Statutes are updated to the website July 1 following the legislative session.

Chapter 1 Foreclosure of Mortgages and Other Liens

§ 6-101 Proceedings in foreclosure — Construction of section — Meaning of "action" — Effect of foreclosure on holder of unrecorded lien

(1) There can be but one action for the recovery of any debt, or the enforcement of any right secured by mortgage upon real estate which action must be in accordance with the provisions of this chapter. In such action the court may, by its judgment, direct a sale of the incumbered property (or so much thereof as may be necessary) and the application of the proceeds of the sale to the payment of the costs of the court and the expenses of the sale, and the amount due to the plaintiff; and sales of real estate under judgments of foreclosure of mortgages and liens are subject to redemption as in the case of sales under execution; (and if it appear from the sheriff’s return that the proceeds are insufficient, and a balance still remains due, judgment can then be docketed for such balance against the defendant or defendants personally liable for the debt), and it becomes a lien on the real estate of such judgment debtor, as in other cases on which execution may be issued.

(2) The provisions of this section must be construed in order to permit a secured creditor to realize upon collateral for a debt or other obligation agreed upon by the debtor and creditor.

(3) As used in this section, an "action" does not include any of the following acts or proceedings:

(a) To appoint a receiver for, or obtain possession of, any real or personal property collateral for the debt or other obligation;

(b) To enforce a security interest in, or the assignment of, any rents, issues, profits or other income of any real or personal property;

(c) To enforce a mortgage or other lien upon any real or personal property collateral located outside of the state which is security for the same debt or other obligation;

(d) To secure a judgment outside of this state on a debt or other obligation secured by real property in this state and by real or personal property collateral located outside this state;

(e) For the exercise, pursuant to section 45-1505, Idaho Code, of a power of sale conferred pursuant to section 45-1503, Idaho Code;

(f) For the exercise of any right or remedy authorized by:

(i) The Idaho uniform commercial code, title 28, Idaho Code, except the securing of a judgment on the secured debt, including a deficiency judgment, in a court in Idaho; or

(ii) The uniform commercial code as enacted in any other state;

(g) For claim and delivery of personal property pursuant to chapter 3, title 8, Idaho Code;

(h) For the exercise of any right to set off a deposit account, or to enforce a pledge in a deposit account pursuant to a written agreement or pledge or to enforce a banker’s lien;

(i) To draw under a letter of credit;

(j) To collect any debt, or enforce any obligation or right, secured by a mortgage or other lien on real property if the property has been sold to a person other than the creditor to satisfy, in whole or in part, a debt or other obligation or right secured by a senior mortgage or other senior lien on the property;

(k) Relating to any proceeding in bankruptcy, including the filing of a proof of claim, seeking relief from an automatic stay and any other action to determine the amount or validity of a debt or other obligation;

(l) For filing a claim pursuant to the Idaho uniform probate code, title 15, Idaho Code, or to enforce such a claim which has been disallowed;

(m) Which does not include the collection of the debt or enforcement of the obligation or realization of the collateral securing the debt or other obligation;

(n) Which is exempted from the provisions of this section by specific statute;

(o) To recover costs of suit, costs and expenses of sale, attorney fees and other incidental relief in connection with any action authorized in this subsection.

(4) No person holding a conveyance from or under the mortgagor of the property mortgaged, or having a lien thereon, which conveyance or lien does not appear of record in the proper office at the commencement of the action, need be made a party to such action; and the judgment therein rendered, and the proceedings therein had, are as conclusive against the party holding such unrecorded conveyance or lien as if he had been made a party to the action.

[(6-101) C.C.P. 1881, sec. 468; R.S., R.C., & C.L., sec. 4520; C.S., sec. 6949; I.C.A., sec. 9-101; am. 1967, ch. 272, sec. 1, p. 745; am. 1993, ch. 281, sec. 1, p. 949.]

§ 6-102 Disposition of surplus money

If there be surplus money remaining after payment of the amount due on the mortgage, lien or encumbrance, with costs, the court may cause the same to be paid to the person entitled to it, and in the meantime may direct it to be deposited in court.

[(6-102) C.C.P. 1881, sec. 469; R.S., R.C., & C.L., sec. 4521; C.S., sec. 6950; I.C.A., sec. 9-102.]

§ 6-103 Partial sales

If the debt for which the mortgage, lien or encumbrance is held is not all due, but is payable in instalments, whether such debt be evidenced by one (1) or more principal notes or otherwise, such mortgage, lien or encumbrance may be foreclosed, at the election of the holder thereof, for the instalment or instalments due, or for taxes or other charges or obligations which the mortgage provides shall be paid by the mortgagor, and the court may by its judgment direct a sale of the encumbered property or of the equity of defendants therein, or so much thereof as may be necessary, to satisfy the amount due for such instalment, charge or obligation, which sale shall be subject to the unpaid balance of said mortgage, lien or encumbrance not reduced to judgment, and such mortgage, lien or encumbrance shall otherwise remain in full force and effect, and the holder thereof shall have the right to foreclose for the balance of the same or any part thereof, notwithstanding the provisions of section 6-101. The remedy herein provided shall be cumulative and not exclusive. Provided, that no deficiency judgment shall be taken under the second or any subsequent foreclosure under any such mortgage, lien or encumbrance.

[(6-103) C.C.P. 1881, sec. 470; R.S., R.C., & C.L., sec. 4522; C.S., sec. 6951; am. 1927, ch. 155, sec. 1, p. 209; I.C.A., sec. 9-103.]

§ 6-104 Mortgage not a conveyance

A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure sale.

[(6-104) R.S. 1887, R.C., & C.L., sec. 4523; C.S., sec. 6952; I.C.A., sec. 9-104.]

§ 6-105 Execution under foreclosure on property in more than one county

In all actions to foreclose a mortgage or other lien upon real property, where such real property is situated partly in one county and partly in another county, within the state of Idaho, the sheriff of the county in which such action is commenced and where the decree therein is rendered and entered, shall have the power and it is hereby made his duty to enforce execution issued upon such decree in the same manner as if the whole of such real property was situated in the county in which such action was commenced and where the decree therein was rendered and entered.

[(6-105) 1909, p. 171, sec. 1; reen. C.L., sec. 4524; C.S., sec. 6953; I.C.A., sec. 9-105.]

§ 6-106 Duty of clerk on return of execution

Upon the return of such execution by the sheriff, the clerk of the district court issuing the same shall file such execution as in other cases, and as county recorder shall record said execution and return as in other cases of sales of real property. Immediately after such execution and return has been so recorded, as such county recorder he shall prepare a copy of such execution and return and certify the same, which shall be sent by United States mail, postage prepaid, to the county recorder of the other county or counties in which a portion of such real property is situated, and the county recorder of such county or counties shall record such execution and return with the certificate thereto, as in other cases upon the return of executions where real property has been sold.

[(6-106) 1909, p. 171, sec. 2; reen. C.L., sec. 4525; C.S., sec. 6954; I.C.A., sec. 9-106.]

§ 6-107 Certificates of sale

The said sheriff making such sale shall make as many certificates of such sale as there are counties in which such real property is situated, adding a sufficient number to deliver one to each purchaser of such real property. The sheriff shall deliver one of such certificates to each purchaser of such real property, and shall file one with the county recorder of the county where such sale was made; and he shall also send one to each of the county recorders of the several counties in which any portion of said real estate is situated, by United States mail, prepaying the postage thereon. Such certificates of sale shall be filed and recorded by the several county recorders as is now provided by law in sales of real property under execution.

[(6-107) 1909, p. 171, sec. 3; reen. C.L., sec. 4526; C.S., sec. 6955; I.C.A., sec. 9-107.]

§ 6-108 Deficiency judgments — Amount restricted

No court in the state of Idaho shall have jurisdiction to enter a deficiency judgment in any case involving a foreclosure of a mortgage on real property in any amount greater than the difference between the mortgage indebtedness, as determined by the decree, plus costs of foreclosure and sale, and the reasonable value of the mortgaged property, to be determined by the court in the decree upon the taking of evidence of such value.

[6-108, added 1933, ch. 150, sec. 1, p. 229.]

Chapter 2 Waste and Wilful Trespass on Real Property

§ 6-201 Actions for waste

If a guardian, tenant for life or years, joint tenant or tenant in common of real property, commit waste thereon, any person aggrieved by the waste may bring an action against him therefor, in which action there may be judgment for treble damages.

[(6-201) C.C.P. 1881, sec. 472; R.S., R.C., & C.L., sec. 4530; C.S., sec. 6957; I.C.A., sec. 9-201.]

§ 6-202 Actions for civil trespass

(1) Definitions. As used in this section:

(a) "Crops" means field crops including, but not limited to, grains, feed crops, legumes, fruits and vegetables.

(b) "Cultivated land" means:

(i) Land whose soil is loosened or broken up for the raising of crops;

(ii) Land used for the raising of crops; or

(iii) Pasturage that is artificially irrigated.

(c) "Damage" means any injury or damage to real or personal property and includes, but is not limited to, any of the following actions, when conducted without lawful authority, the consent of the landowner or his agent, or a valid license:

(i) Cutting down or carrying off any wood, underbrush, tree or timber, or girdling or otherwise injuring any tree or timber on the land of another;

(ii) Severing from the property of another anything attached thereto, or the produce thereof;

(iii) Digging, taking or carrying away any earth, soil or stone from the property of another;

(iv) Tearing down or otherwise damaging any fence on the land of another, or opening any gate, bar or fence of another and leaving it open, or using the corral or corrals of another;

(v) Dumping trash or covering up in any manner the property of another;

(vi) The unprovoked, intentional killing or injuring of a domestic animal of another on his property;

(vii) Removing, mutilating, damaging or destroying any "no trespassing" signs or markers of similar meaning;

(viii) Going through or driving a motor vehicle, as defined in sections 49-114 and 49-123, Idaho Code, into, upon, over or through any cultivated lands; or

(ix) Injuring or killing livestock.

(d) "Enter" or "enters" means going upon or over real property either in person or by causing any object, substance or force to go upon or over real property.

(e) "Navigable streams" shall have the meaning set forth in section 36-1601, Idaho Code.

(f) "Permission" means written authorization from the owner or his agent to enter upon private land, which shall include the signature of the owner or his agent, the name of the person being given permission, the appropriate dates that the permission is valid and a general description of the property; or another form of permission or invitation recognized by law.

(g) "Remains" means to fail to depart from the real property of another immediately when notified to do so by the owner or his agent.

(2)(a) Acts constituting civil trespass. Any person who enters or remains upon the real property of another person without permission commits a civil trespass.

(b) Acts constituting civil trespass with damage. A person commits a civil trespass with damage when he enters or remains on the real property of another without permission, knowing or with reason to know that his presence is not permitted, and causes damage to real or personal property in excess of one thousand dollars ($1,000). A person has reason to know that his presence is not permitted on real property that meets any of the following descriptions:

(i) The property is reasonably associated with a residence or place of business;

(ii) The property is cultivated;

(iii) The property is fenced or otherwise enclosed in a manner that a reasonable person would recognize as delineating a private property boundary. Provided, however, if the property adjoins or is contained within public lands, the fence line adjacent to public land is posted with conspicuous "no trespassing" signs or bright orange or fluorescent paint at the corners of the fence adjoining public land and at all navigable streams, roads, gates and rights-of-way entering the private land from the public land, and is posted in a manner that a reasonable person would be put on notice that it is private land; or

(iv) The property is unfenced and uncultivated but is posted with conspicuous "no trespassing" signs or bright orange or fluorescent paint at all property corners and boundaries where the property intersects navigable streams, roads, gates and rights-of-way entering the land, and is posted in a manner that a reasonable person would be put on notice that it is private land.

(3) Remedies.

(a) Civil trespass. Any person found liable for a civil trespass pursuant to subsection (2)(a) of this section shall be liable for the following damages:

(i) The greater of:

A damage award of five hundred dollars ($500); or
The amount of actual damages caused by the trespass;

(ii) Reasonable attorney’s fees, which shall be taxed as costs in any civil action brought to enforce the provisions of this section, if the plaintiff prevails; and

(iii) Reasonable costs associated with investigating any trespass, as approved by the court, which shall be taxed as costs in any civil action brought to enforce the provisions of this section, if the plaintiff prevails.

(b) Civil trespass with damage. Any person found liable for a civil trespass with damage pursuant to subsection (2)(b) of this section shall be liable for the following damages and penalties:

(i) Treble the amount of actual damages caused by the trespass;

(ii) Reasonable attorney’s fees, which shall be taxed as costs in any civil action brought to enforce the provisions of this section, if the plaintiff prevails; and

(c) If an action for civil trespass or civil trespass with damage is brought without foundation and the defendant prevails, the defendant may be awarded reasonable attorney’s fees, which shall be taxed as costs.

Provided however, the owner or operator of any right-of-way or easement for any ditch, canal or other conduit governed by the provisions of chapter 11 or chapter 12, title 42, Idaho Code, or any rail carrier or aircraft who is found in violation of this section shall be liable only for actual damages and not for any treble damages, attorney’s fees or investigation costs otherwise provided for under this subsection.

(4) All damages and penalties awarded pursuant to this section shall be remitted to the damaged party.

(5) Posting of navigable streams shall not prohibit access to navigable streams below the high-water mark pursuant to section 36-1601, Idaho Code.

(6) Subject to any rights or authorities described in subsection (7) of this section, a landowner or his agent may revoke permission granted under this section to another to enter or remain upon his property at any time, for any reason, orally, in writing, or by any other form of notice reasonably apparent to the permitted person or persons.

(7) A person has not committed the act of civil trespass under this section for entering or remaining upon real property if the person entered or remained on the property pursuant to any of the following rights or authorities:

(a) An established right of entry or occupancy of the real property in question, including, but not limited to:

(i) An invitation, whether express or implied, to enter or remain on real property including, but not limited to, the right to enter property that is, at the time, open to the public, if the person is in compliance with lawful conditions imposed on access;

(ii) A license to enter or remain on real property; or

(iii) A lease, easement, contract, privilege or other legal right to enter, remain upon, possess or use the real property;

(b) A lawful authority to enter onto or remain upon the real property in question, including, but not limited to:

(i) Any law enforcement officer during the course and scope of fulfilling his lawful duties;

(ii) Any paramedic, firefighter or other emergency personnel during the course and scope of fulfilling his lawful duties; or

(iii) Any licensed professional otherwise authorized to enter or remain on the real property during the course and scope of fulfilling his lawful duties; or

(8) Examples of the exclusions in subsection (7) of this section include, but are not limited to, a customer entering and remaining in a store during business hours who has not been asked to depart by the property owner or his agent; a person knocking on a front door of a property that is not posted; a meter reader in the scope and course of his employment; a postal employee delivering mail or packages; power company personnel fixing downed power lines; a bail bondsman arresting a person who is in violation of a bail contract; a tenant in compliance with a valid lease; and the owner or operator of any right-of-way or easement for any ditch, canal or other conduit, acting pursuant to the provisions of chapter 11 or chapter 12, title 42, Idaho Code.

(9) The exclusions set forth in this section shall not relieve any person of civil or criminal liability pursuant to other applicable law for causing damage while entering or remaining on the property in question.

[(6-202) C.C.P. 1881, sec. 473; R.S., R.C., & C.L., sec. 4531; C.S., sec. 6958; I.C.A., sec. 9-202; am. 1976, ch. 155, sec. 1, p. 553; am. 2013, ch. 62, sec. 2, p. 138; am. 2015, ch. 298, sec. 1, p. 1178; am. 2018, ch. 350, sec. 2, p. 825.]

§ 6-210 Recovery of damages for economic loss willfully caused by a minor

(1) Any person shall be entitled to recover damages in an amount not to exceed two thousand five hundred dollars ($2,500) in a court of competent jurisdiction from the parents of any minor, under the age of eighteen (18) years, living with the parents, who shall willfully cause economic loss to such person, except as otherwise provided in section 49-310, Idaho Code. "Person" means any municipal corporation, county, city school district, or any individual, partnership, corporation or association, or any religious organization, whether incorporated or unincorporated.

(2) Economic loss shall include but not be limited to the value of property, as that term is defined in section 18-2402(8), Idaho Code, taken, destroyed, broken or otherwise harmed, lost wages and direct out-of-pocket losses or expenses such as medical expenses resulting from the minor’s willful conduct, but shall not include less tangible damage such as pain and suffering, wrongful death or emotional distress.

(3) As used in this section, "parents" shall mean any persons or entities who have legal custody of the minor, or any persons or entities who are licensed to accept children for child care under chapter 12, title 39, Idaho Code. "Legal custody" shall be as that term is defined in section 16-2002, Idaho Code.

(4) In the event the parents are providing foster care for the minor at the time of the minor’s willful act, and the parents are licensed pursuant to chapter 12, title 39, Idaho Code, and the minor is in the legal custody of the department of health and welfare, any person is entitled to recover damages in a court of competent jurisdiction within the above stated limits. Such recovery shall be insured by the state of Idaho.

[6-210, added 1957, ch. 32, sec. 1, p. 51; am. 1977, ch. 55, sec. 1, p. 106; am. 1987, ch. 257, sec. 1, p. 522; am. 1990, ch. 81, sec. 1, p. 163; am. 1991, ch. 168, sec. 1, p. 408; am. 2005, ch. 391, sec. 1, p. 1263; am. 2020, ch. 82, sec. 1, p. 175.]

§ 6-211 Trespass on state lands — Damage actions

Any person who cuts down or carries off any wood, trees, or timber or removes top soil from, or dumps trash or debris on, any land belonging to the State of Idaho without lawful authority is liable to the State of Idaho for treble the amount of damages, which amount may be recovered in a civil action therefor.

[6-211, added 1949, ch. 105, sec. 1, p. 194.]

§ 6-212 Damages recovered deposited into endowment fund

Any moneys so recovered shall in each instance be deposited in the endowment fund in which would be deposited the proceeds of the sale of the lands damaged were such lands sold by the State of Idaho.

[6-212, added 1949, ch. 105, sec. 2, p. 194.]

Chapter 3 Forcible Entry and Unlawful Detainer

§ 6-301 Forcible entry defined

Every person is guilty of a forcible entry who either:

By breaking open doors, windows or other parts of a house, or by any kind of violence or circumstances of terror, enters upon or into any real property; or,
Who, after entering peaceably upon real property, turns out, by force, threats or menacing conduct, the party in possession.

[(6-301) C.C.P. 1881, sec. 795; R.S., R.C., & C.L., sec. 5091; C.S., sec. 7320; I.C.A., sec. 9-301.]

§ 6-302 Forcible detainer defined

Every person is guilty of a forcible detainer who either:

By force, or by menaces and threats of violence, unlawfully holds and keeps possession of any real property, whether the same was acquired peacefully or otherwise; or
Who during the absence of the occupant or property owner of any lands, unlawfully enters upon real property, and who, after demand made for the surrender thereof, refuses to surrender the same to such former occupant or property owner. The occupant of real property, within the meaning of this subdivision, is one who, within five (5) days preceding such unlawful entry, was in the peaceable and undisturbed possession of such lands, regardless of whether the property was inhabited by the occupant of real property.

[(6-302) C.C.P. 1881, sec. 796; R.S., R.C., & C.L., sec. 5092; C.S., sec. 7321; I.C.A., sec. 9-302; am. 2017, ch. 276, sec. 1, p. 724.]

§ 6-303 Unlawful detainer defined

A tenant of real property, for a term less than life, is guilty of an unlawful detainer:

When he continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to him, without the permission of his landlord, or the successor in estate of his landlord, if any there be; but in case of a tenancy at will, it must first be terminated by notice, as prescribed in the civil code.
Where he continues in possession, in person or by subtenant, without permission of his landlord, or the successor in estate of his landlord, if any there be, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three (3) days’ notice, in writing, requiring its payment, stating the amount which is due, or possession of the property, shall have been served upon him, and if there be a subtenant in actual occupation of the premises, also upon such subtenant. Such notice shall also notify the tenant that if a court enters judgment against him, then he will have seventy-two (72) hours, if he is a residential tenant, and seven (7) days, or longer if granted by the court, if he is a commercial tenant or a tenant with a tract of land five (5) acres or more, to remove his belongings from the premises before the landlord may remove and dispose of such property pursuant to section 6-316, Idaho Code. Such notice may be served at any time within one (1) year after the rent becomes due. In all cases of tenancy upon agricultural lands, where the tenant has held over and retained possession for more than sixty (60) days after the expiration of his term without any demand of possession or notice to quit by the landlord, or the successor in estate of his landlord, if any there be, he shall be deemed to be holding by permission of the landlord, or the successor in estate of his landlord, if any there be, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during said year, and such holding over for the period aforesaid shall be taken and construed as a consent on the part of a tenant to hold for another year.
Where he continues in possession in person, or by subtenants, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for payment of rent, and three (3) days’ notice, in writing, requiring the performance of such conditions or covenants, or the possession of the property, shall have been served upon him, and if there be a subtenant in actual occupation of the premises, also upon such subtenant. Within three (3) days after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease, or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture: provided, if the covenants and conditions of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to said lessee or his subtenant demanding the performance of the violated covenant or conditions of the lease. A tenant may take proceedings similar to those prescribed in this chapter, to obtain possession of premises let to an undertenant, in case of his unlawful detention of the premises underlet to him.
A tenant or subtenant, assigning or subletting, or committing waste upon, the demised premises contrary to the covenants of his lease, thereby terminates the lease, and the landlord, or his successor in estate, shall, upon service of three (3) days’ notice to quit upon the person or persons in possession, be entitled to restitution of possession of such demised premises under the provisions of this chapter.
If any person is, or has been, engaged in the unlawful delivery, production or use of a controlled substance on the premises of the leased property during the term for which the premises are let to the tenant. For purposes of this chapter, the terms "delivery," "production," and "controlled substance" shall be defined as set forth in section 37-2701, Idaho Code.

[(6-303) C.C.P. 1881, sec. 797; R.S., R.C., & C.L., sec. 5093; C.S., sec. 7322; I.C.A., sec. 9-303; am. 2001, ch. 203, sec. 1, p. 691; am. 2020, ch. 340, sec. 1, p. 995.]

§ 6-303A Records shielded from disclosure

(1) A person who is the defendant in an unlawful detainer case under section 6-303, Idaho Code, and whose case is filed on or after January 1, 2025, will, without the filing of a petition, have shielded from public disclosure all records of the unlawful detainer if:

(a) The entire case was dismissed;

(b) There is no appeal pending for the case; and

(c) At least three (3) years have passed from the day on which the eviction was filed or the parties stipulated to shielding and have filed the stipulation with the court.

(2) Shielding shall protect against the disclosure of unlawful detainer records and make them unavailable for public viewing.

(3) The procedures set forth in this section, including the specific processes established that affect access to court records, are subject to the rules of the Idaho supreme court and the capabilities of its record-keeping system.

(4) Nothing in this section shall be construed to limit court staff from accessing any records or databases created or maintained by the courts. Records shielded from public disclosure pursuant to this section may be accessed at any time by the parties involved in the case.

(5) Any party may petition for the sealing of eviction records pursuant to Idaho supreme court administrative rules.

[6-303A, added 2024, ch. 269, sec. 1, p. 932.]

§ 6-304 Service of notice

The notices required by the preceding section may be served either:

By delivering a copy to the tenant personally; or,
If he be absent from his place of residence and from his usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his place of residence; or, if such place of residence and business cannot be ascertained, or a person of suitable age or discretion cannot be found there, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner.

[(6-304) C.C.P. 1881, sec. 798; R.S., R.C., & C.L., sec. 5094; C.S., sec. 7323; I.C.A., sec. 9-304.]

§ 6-305 Jurisdiction of district court

The district court of the county in which the property, or some part of it, is situated, has jurisdiction of proceedings under this chapter.

[(6-305) C.C.P. 1881, sec. 799; R.S., R.C., & C.L., sec. 5095; C.S., sec. 7324; I.C.A., sec. 9-305.]

§ 6-308 Parties defendant

No person other than the tenant of the premises, and subtenant, if there be one, in the actual occupation of the premises when the notice herein provided for was served, need be made parties defendant in the proceeding, nor shall any proceeding abate nor the plaintiff be nonsuited for the nonjoinder of any persons who might have been made parties defendant; but when it appears that any of the parties served with process or appearing in the proceeding are guilty of the offense charged, judgment must be rendered against them. Any person who shall become a subtenant of the premises or any part thereof after the service of notice as provided in this chapter shall be bound by the judgment.

[(6-308) C.C.P. 1881, sec. 802; R.S., R.C., & C.L., sec. 5098; C.S., sec. 7327; I.C.A., sec. 9-308; am. 2025, ch. 65, sec. 1, p. 312.]

§ 6-309 Parties generally

Except as provided in the preceding section, the provisions of this code relating to parties to civil actions are applicable to this proceeding.

[(6-309) C.C.P. 1881, sec. 803; R.S., R.C., & C.L., sec. 5099; C.S., sec. 7328; I.C.A., sec. 9-309.]

§ 6-310 Action for possession — Complaint — Summons

(1) In an action exclusively for possession of a tract of land of five (5) acres or less for the nonpayment of rent, or on the grounds that a landlord has reasonable grounds to believe that any person is, or has been, engaged in the unlawful delivery, production or use of a controlled substance on the leased premises during the term for which the premises are let to the tenant, or in the event the tenant is a tenant at sufferance pursuant to section 45-1506(11), Idaho Code, it is sufficient to state in the complaint:

(a) A description of the premises with convenient certainty;

(b) That the defendant is in possession of the premises;

(c) That the defendant entered upon the premises, holds the premises, and is in default of the payment of rent or that the landlord has reasonable grounds to believe that any person is, or has been, engaged in the unlawful delivery, production or use of a controlled substance on the leased premises during the term for which the premises are let to the tenant;

(d) That all notices required by law have been served upon the defendant in the required manner or no notice is required because the defendant is a tenant at sufferance pursuant to section 45-1506(11), Idaho Code; and

(e) That the plaintiff is entitled to the possession of the premises.

(2) Upon filing the complaint, a summons must be issued, served and returned as in other actions, provided, however, that at the time of issuance of the summons, the court shall schedule a trial within twelve (12) days from the filing of the complaint, and the service of the summons, complaint and notice of trial setting on the defendant shall be not less than five (5) days before the day of trial appointed by the court.

(3) In an action for possession against a defendant alleged to be occupying property as a result of forcible detainer, a property owner shall state in a verified complaint:

(a) A description of the premises with convenient certainty;

(b) That the defendant is in possession of the premises;

(d) That neither the property owner nor any agent thereof has ever entered into a lease or any other similar agreement with the defendant;

(e) That demand has been made to the defendant for surrender of the property, and the defendant has refused to surrender the property to the former occupant or property owner; and

(f) That the plaintiff is entitled to the possession of the premises.

(4) Upon filing the complaint, a summons must be issued, served and returned as in other actions, provided, however, that at the time of issuance of the summons, the court shall schedule a trial within seventy-two (72) hours from the filing of the complaint, excluding weekends and official holidays. The service of the summons, complaint and notice of trial setting on the defendant shall be not less than twenty-four (24) hours before the time of trial appointed by the court.

(5) If any property owner files an action for possession against a defendant alleged to be occupying the property as a result of forcible detainer when a landlord-tenant relationship existed with the defendant and/or in bad faith, said property owner shall be liable to the defendant for treble damages as enumerated in this chapter.

[6-310, added 1974, ch. 308, sec. 3, p. 1803; am. 1976, ch. 71, sec. 1, p. 239; am. 2001, ch. 203, sec. 2, p. 693; am. 2006, ch. 248, sec. 1, p. 757; am. 2017, ch. 276, sec. 2, p. 724; am. 2018, ch. 124, sec. 1, p. 263.]

§ 6-310A Limited alternative remedy to remove unauthorized persons from residential real property

(1) The legislature finds that the right to exclude others from entering, and the right to direct others to immediately vacate, residential real property are the most important real property rights. The legislature further finds that existing remedies regarding unauthorized persons who unlawfully remain on residential real property fail to adequately protect the rights of the property owner and fail to adequately discourage theft and vandalism. The intent of this section is to quickly restore possession of residential real property to the lawful owner of the property when the property is being unlawfully occupied and to thereby preserve property rights while limiting the opportunity for criminal activity.

(2) A property owner or the owner’s authorized agent may request from the sheriff of the county in which the property is located the immediate removal of a person or persons unlawfully occupying a residential dwelling pursuant to this section if all of the following conditions are met:

(a) The requesting person is the property owner or authorized agent of the property owner;

(b) The real property that is being occupied includes a residential dwelling;

(c) An unauthorized person or persons have unlawfully entered and remain or continue to reside on the property owner’s property;

(d) The real property was not open to members of the public at the time the unauthorized person or persons entered;

(e) The property owner has directed the unauthorized person to leave the property;

(f) The unauthorized person or persons are not current or former tenants pursuant to a written or oral rental agreement authorized by the property owner;

(g) The unauthorized person or persons are not immediate family members of the property owner; and

(h) There is no pending litigation related to the real property between the property owner and any known unauthorized person.

(3) To request the immediate removal of an unlawful occupant of a residential dwelling, the property owner or the owner’s authorized agent must submit a complaint by presenting a completed and verified "Complaint to Remove Persons Unlawfully Occupying Residential Real Property" to the sheriff of the county in which the real property is located. The submitted complaint must be in substantially the following form:

COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING RESIDENTIAL REAL PROPERTY

I, the owner or authorized agent of the owner of the real property located at……, declare under the penalty of perjury that (initial each box):

1….. I am the owner of the real property or the authorized agent of the owner of the real property.

2….. I purchased the property on…..

3….. The real property is a residential dwelling.

4….. An unauthorized person or persons have unlawfully entered and are remaining or residing unlawfully on the real property.

5….. The real property was not open to members of the public at the time the unauthorized person or persons entered.

6….. I have directed the unauthorized person or persons to leave the real property, but they have not done so.

7….. The person or persons are not current or former tenants pursuant to any valid lease authorized by the property owner, and any lease that may be produced by an occupant is fraudulent.

8….. The unauthorized person or persons sought to be removed are not owners or co-owners of the property and have not been listed on the title to the property unless the person or persons have engaged in title fraud.

9….. The unauthorized person or persons are not immediate family members of the property owner.

10….. There is no litigation related to the real property pending between the property owner and any person sought to be removed.

11….. I understand that a person or persons removed from the property pursuant to this procedure may bring a cause of action against me for any false statements made in this complaint, or for wrongfully using this procedure, and that as a result of such action I may be held liable for actual damages, penalties, costs, and reasonable attorney’s fees.

12….. I am requesting the sheriff to immediately remove the unauthorized person or persons from the residential property.

13….. A copy of my valid government-issued identification is attached, or I am an agent of the property owner, and documents evidencing my authority to act on the property owner’s behalf are attached.

I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY.

…(Signature of Property Owner or Agent of Owner)…

(4) Upon receipt of the complaint, the sheriff shall verify that the person submitting the complaint is the record owner of the real property or the authorized agent of the owner and appears otherwise entitled to relief pursuant to the provisions of this section. If verified, the sheriff shall, without delay, serve a notice to immediately vacate on all the unlawful occupants and shall put the owner in possession of the real property. Service may be accomplished by hand delivery of the notice to an occupant or by posting the notice on the front door or entrance of the dwelling. The sheriff shall also attempt to verify the identities of all persons occupying the dwelling and note the identities on the return of service. If appropriate, the sheriff may arrest any person found in the dwelling for trespass, outstanding warrants, or any other legal cause.

(5) The sheriff is entitled to the same fee for service of the notice to immediately vacate as if the sheriff were serving a writ of restitution. After the sheriff serves the notice to immediately vacate, the property owner or authorized agent may request that the sheriff stand by to keep the peace while the property owner or agent of the owner changes the locks and removes the personal property of the unlawful occupants from the premises to or near the property line. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand by and keep the peace is responsible for paying the reasonable hourly rate set by the sheriff. The sheriff is not liable to the unlawful occupant or any other party for loss, destruction, or damage of property. The property owner or the owner’s authorized agent is not liable to an unlawful occupant or any other party for the loss, destruction, or damage to the personal property unless the removal was wrongful.

(6) A person may bring a civil cause of action for wrongful removal under this section. A person harmed by a wrongful removal under this section may be restored to possession of the real property and may recover actual costs and damages incurred, statutory damages equal to triple the fair market rent of the dwelling, court costs, and reasonable attorney’s fees. The court shall advance the cause on the calendar.

(7) The provisions of this section shall not limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unlawful occupant for trespassing, vandalism, theft, or other crimes.

[6-310A, added 2025, ch. 222, sec. 1, p. 1042; am. 2026, ch. 82, sec. 1, p. 439.]

§ 6-311 Continuance

In an action exclusively for possession of a tract of land of five (5) acres or less for the nonpayment of rent or if a landlord has alleged that the landlord has reasonable grounds to believe that any person, is or has been, engaged in the unlawful delivery, production, or use of a controlled substance during the term for which the premises are let to the tenant, or if the person is in possession of the property and is a tenant at sufferance pursuant to subsection (11) of section 45-1506, Idaho Code, no continuance shall be granted for a longer period than two (2) days unless the defendant applying therefor gives an undertaking to the adverse party with good and sufficient security, to be approved by the court, conditioned for the payment of the rent that may accrue if judgment is rendered against the defendant.

[6-311, as added by 1974, ch. 308, sec. 4, p. 1803; am. 2001, ch. 203, sec. 3, p. 693; am. 2006, ch. 248, sec. 2, p. 757.]

§ 6-311A Judgment on trial by court

In an action exclusively for possession of a tract of land of five (5) acres or less for the nonpayment of rent or on the grounds that the landlord has reasonable grounds to believe that a person is, or has been, engaged in the unlawful delivery, production, or use of a controlled substance on the leased premises during the term for which the premises are let to the tenant, or for forcible detainer, or if the tenant is a tenant at sufferance pursuant to subsection (11) of section 45-1506, Idaho Code, the action shall be tried by the court without a jury. If, after hearing the evidence the court concludes that the complaint is not true, it shall enter judgment against the plaintiff for costs and disbursements. If the court finds the complaint true or if judgment is rendered by default, it shall render a general judgment against the defendant and in favor of the plaintiff, for restitution of the premises and the costs and disbursements of the action. If the court finds the complaint true in part, it shall render judgment for the restitution of such part only, and the costs and disbursements shall be taxed as the court deems just and equitable. No provision of this law shall be construed to prevent the bringing of an action for damages.

[6-311A, added 1974, ch. 308, sec. 5, p. 1803; am. 1996, ch. 169, sec. 1, p. 553; am. 2001, ch. 203, sec. 4, p. 693; am. 2006, ch. 248, sec. 3, p. 758; am. 2017, ch. 276, sec. 3, p. 725.]

§ 6-311C Form of execution

The execution, should judgment of restitution be rendered, may be in the following form:

STATE OF IDAHO )

ss.

County of…. )

TO THE SHERIFF OR ANY CONSTABLE OF THE COUNTY:

WHEREAS, a certain action for the possession of the following described premises, to-wit:

lately tried before the above entitled court, wherein…. was plaintiff and…. was defendant, judgment was rendered on the…. day of…., A.D.,…., that the plaintiff…. have restitution of the premises, and also that he recover the costs and disbursements in the sum of $….;

In the name of the State of Idaho, you are, therefore, hereby commanded to cause the defendant to be forthwith removed from the premises and the plaintiff is to have restitution of the same. In the event the goods and chattels are not promptly removed thereafter by the defendant, the plaintiff is authorized to remove the same pursuant to Section 6-316(2), Idaho Code. Upon returning premises to the plaintiff, the sheriff will make legal service and due return of this writ.

WITNESS My hand and official seal (if issued out of a court of record) this…. day of…., A.D.,…..

[6-311C, added 1974, ch. 308, sec. 7, p. 1803; am. 2020, ch. 340, sec. 2, p. 996.]

§ 6-311D Additional undertaking on appeal

If judgment is rendered against the defendant for the restitution of the real property described in the complaint, or any part thereof, no appeal shall be taken by the defendant from the judgment until he gives, in addition to the undertaking now required by law upon appeal, an undertaking to the adverse party, with two (2) sureties, who shall justify in like manner as bail upon arrest, for the payment to the plaintiff, if the judgment is affirmed on appeal, of the rental value of the real property of which restitution is adjudged from the commencement of the action in which the judgment was rendered until final judgment in the action.

[I.C., sec. 6-311D, as added by 1974, ch. 308, sec. 8, p. 1803.]

§ 6-311E Action for damages — Complaint — Summons

In an action for damages incurred as a result of failure to pay rent or damages as a result of the unlawful production of a controlled substance on the leased premises during the term for which the premises are let to the tenant, the plaintiff in his complaint must set forth the facts on which he seeks to recover. If the plaintiff combines his action for damages with an action for possession, the complaint shall also describe the premises with reasonable certainty and may set forth therein any circumstances which may have accompanied the alleged nonpayment of rent or the facts which are the basis for the landlord’s reasonable grounds to believe that a person is, or has been, engaged in the unlawful production of a controlled substance on the leased premises during the term for which the premises are let to the tenant, and claim damages therefor; provided, however, that the early trial provision of section 6-310, Idaho Code, shall not be applicable when an action for damages is combined with an action for possession. In an action for damages, a summons must be issued returnable as in other cases upon filing the complaint.

[6-311E, added 1974, ch. 308, sec. 9, p. 1803; am. 2001, ch. 203, sec. 5, p. 694.]

§ 6-312 Judgment by default

If, at any time appointed, the defendant do not appear and defend, the court must enter his default and render judgment in favor of the plaintiff as prayed for in the complaint.

[(6-312) C.C.P. 1881, sec. 806; R.S., R.C., & C.L., sec. 5102; C.S., sec. 7331; I.C.A., sec. 9-312.]

§ 6-313 Trial by jury

Whenever an issue of fact is presented by the pleadings it must be tried by a jury, unless such jury be waived as in other cases. The jury shall be formed in the same manner as other trial juries in the court in which the action is pending.

[(6-313) C.C.P. 1881, sec. 808; R.S., R.C., & C.L., sec. 5103; C.S., sec. 7332; I.C.A., sec. 9-313.]

§ 6-314 Sufficiency of evidence — Defenses

On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that he was peaceably in the actual possession at the time of the forcible entry, or was entitled to the possession at the time of the forcible detainer. The defendant may show in his defense that he or his ancestors, or those whose interest in such premises he claims, have been in the quiet possession thereof for the space of one whole year together next before the commencement of the proceedings, and that his interest therein is not then ended or determined; and such showing is a bar to the proceedings.

[(6-314) C.C.P. 1881, sec. 809; R.S., R.C., & C.L., sec. 5104; C.S., sec. 7333; I.C.A., sec. 9-314.]

§ 6-315 Amendment of complaint

When, upon the trial of any proceeding under this chapter, it appears from the evidence that the defendant has been guilty of either a forcible entry or a forcible or unlawful detainer, and other than the offense charged in the complaint, the judge must order that such complaint be forthwith amended to conform to such proofs. Such amendment must be without any imposition of terms. No continuance shall be permitted upon account of such amendment unless the defendant, by affidavit filed, shows to the satisfaction of the court good cause therefor.

[(6-315) C.C.P. 1881, sec. 810; R.S., R.C., & C.L., sec. 5105; C.S., sec. 7334; I.C.A., sec. 9-315.]

§ 6-316 Judgment — Restitution

(1) If, upon the trial, the verdict of the jury, or, if the case be tried without a jury, the finding of the court, be in favor of the plaintiff and against the defendant, judgment shall be entered for the restitution of the premises; and if the proceeding be for an unlawful detainer after neglect or failure to perform the conditions or covenants of the lease or agreement under which the property is held, or after default in the payment of rent or based upon a finding that a landlord had reasonable grounds to believe that a person is, or has been, engaged in the unlawful distribution, production, or use of a controlled substance on the leased premises during the term for which the premises are let to the tenant, the judgment shall also declare the forfeiture of such lease or agreement. The jury, or the court, if the proceeding be tried without a jury, shall also assess the damages occasioned to the plaintiff by any forcible entry, or by any forcible or unlawful detainer, alleged in the complaint and proved on the trial, and find the amount of any rent due, if the alleged unlawful detainer be after default in the payment of rent or, after default, based upon a finding that a landlord had reasonable grounds to believe that a person is, or has been, engaged in the unlawful distribution, production, or use of a controlled substance on the leased premises during the term for which the premises are let to the tenant, and the judgment shall be rendered against the defendant guilty of the forcible entry, or forcible or unlawful detainer, for the amount of the damages thus assessed, and of the rent found due. When the proceeding is for an unlawful detainer after default in payment of rent where the tract of land is larger than five (5) acres, and the lease or agreement under which the rent is payable has not by its terms expired, execution upon the judgment shall not be issued until the expiration of five (5) days after the entry of the judgment, within which time the tenant, or any subtenant, or any mortgagee of the term, or other party interested in its continuance, may pay into court, for the landlord, the amount found due as rent, with interest thereon, and the amount of the damages found by the jury or the court for the unlawful detainer, and the costs of the proceeding, and thereupon the judgment shall be satisfied and the tenant be restored to his estate; but if payment as here provided be not made within the five (5) days, the judgment may be enforced for its full amount, and for the possession of the premises. In all other cases the judgment may be enforced immediately.

(2) If, upon the trial, the verdict of the jury or, if the case is tried without a jury, the finding of the court is in favor of the landlord and for the possession of the premises, a residential tenant shall have seventy-two (72) hours to remove his belongings from the premises, and a commercial tenant or a tenant with a tract of land five (5) acres or more shall have seven (7) days to remove his belongings from the premises; provided however, that upon a finding of good cause shown, a court may grant a commercial tenant longer than seven (7) days to remove his belongings. The landlord or his agents may deliver a writ of restitution or provide the sheriff with a copy of the writ of restitution and request that the sheriff deliver the writ. If requested by the landlord or his agents, the sheriff shall deliver a writ of restitution in a form as provided in section 6-311C, Idaho Code. After the time required for a tenant to remove his belongings under this subsection and three (3) days after the finding of the court, the sheriff shall restore possession of the premises to the plaintiff by causing immediate removal of the tenant, and the landlord or his agents may, subject to any security interests under chapter 9, title 28, Idaho Code, remove and dispose of all remaining property of the tenant, including any motor vehicle that may be removed pursuant to section 49-1806, Idaho Code, that remains on or about the premises without any further compensation or consideration to the tenant. Upon a finding of good cause shown, the court may award to the landlord reasonable costs and expenses not otherwise provided for in this chapter for the removal of property pursuant to this subsection and for restoration of the premises.

[(6-316) C.C.P. 1881, sec. 811; R.S., R.C., & C.L., sec. 5106; C.S., sec. 7335; I.C.A., sec. 9-316; am. 1974, ch. 308, sec. 10, p. 1803; am. 1977, ch. 45, sec. 1, p. 80; am. 2001, ch. 203, sec. 6, p. 694; am. 2020, ch. 340, sec. 3, p. 997.]

§ 6-317 Treble damages

If a landlord or a tenant recovers damages for a forcible or unlawful entry in or upon, or detention of, any building or other tract of land, or for an action brought pursuant to section 6-320, Idaho Code, or for an action brought against a tenant or in bad faith pursuant to section 6-310(3), Idaho Code, judgment may be entered for three (3) times the amount at which the actual damages are assessed.

[(6-317) C.C.P. 1881, sec. 475; R.S., R.C., & C.L., sec. 4533; C.S., sec. 6960; I.C.A., sec. 9-317; am. 1977, ch. 45, sec. 2, p. 81; am. 2017, ch. 276, sec. 4, p. 726.]

§ 6-318 Pleadings must be verified

The complaint and answer must be verified.

[(6-318) C.C.P. 1881, sec. 812; R.S., R.C., & C.L., sec. 5107; C.S., sec. 7336; I.C.A., sec. 9-318.]

§ 6-319 Appeal as stay

An appeal taken by the defendant does not stay proceedings upon the judgment unless the court so directs.

[(6-319) C.C.P. 1881, sec. 813; R.S., R.C., & C.L., sec. 5108; C.S., sec. 7337; I.C.A., sec. 9-319.]

§ 6-320 Action for damages and specific performance by tenant

(a) A tenant may file an action against a landlord for damages and specific performance for:

(1) Failure to provide reasonable waterproofing and weather protection of the premises;

(2) Failure to maintain in good working order electrical, plumbing, heating, ventilating, cooling, or sanitary facilities supplied by the landlord;

(3) Maintaining the premises in a manner hazardous to the health or safety of the tenant;

(4) Failure to return a security deposit as and when required by law;

(5) Breach of any term or provision of the lease or rental agreement materially affecting the health and safety of the tenant, whether explicitly or implicitly a part thereof; and

(6) Failure to install approved smoke detectors in each dwelling unit, to include mobile homes, under the landlord’s control. Upon commencement of a rental agreement, the landlord shall verify that smoke detectors have been installed and are in good working order in the dwelling unit. The tenant shall maintain the smoke detectors in good working order during the tenant’s rental period. For purposes of this section, an approved smoke detector is a battery-operated device that is capable of detecting visible or invisible particles of combustion and that bears a label or other identification issued by an approved testing agency having a service for inspection of materials and workmanship at the factory during fabrication and assembly. If the landlord or the landlord’s assignee fails to install working smoke detectors, the tenant may send written notice by certified mail, return receipt requested, to the landlord or the landlord’s assignee that if working smoke detectors are not installed within seventy-two (72) hours of receipt of the letter, the tenant may install smoke detectors and deduct the cost from the tenant’s next month’s rent. Smoke detectors purchased by the tenant and deducted from rent become the property of the landlord and shall not be removed from the premises.

Upon filing the complaint, a summons must be issued, served and returned as in other actions, provided, however, that in an action exclusively for specific performance, at the time of issuance of the summons, the court shall schedule a trial within twelve (12) days from the filing of the complaint, and the service of the summons, complaint and trial setting on the defendant shall be not less than five (5) days before the day of trial appointed by the court. If the plaintiff brings an action for damages under this section, or combines his action for damages with an action for specific performance, the early trial provision of this section shall not be applicable, and a summons must be issued returnable as in other cases upon filing the complaint.

(b) In an action under this section, plaintiff, in his complaint, must set forth the facts on which he seeks to recover, describe the premises, and set forth any circumstances which may have accompanied the failure or breach by the landlord.

(c) If, upon the trial, the verdict of the jury, or, if the case be tried without a jury, the finding of the court, be in favor of the plaintiff against the defendant, judgment shall be entered for the amount of the damages assessed. Judgment may also be entered requiring specific performance for any breach of agreement showing by the evidence, and for costs and disbursements.

(d) Before a tenant shall have standing to file an action under this section, he must give his landlord three (3) days written notice, listing each failure or breach upon which his action will be premised and written demand requiring performance or cure. If, within three (3) days after service of the notice, any listed failure or breach has not been performed or cured by the landlord, the tenant may proceed to commence an action for damages and specific performance.

(e) The provisions of this section shall not apply to tracts of land of five (5) acres or more used for agricultural purposes.

[6-320, added 1977, ch. 45, sec. 4, p. 81; am. 1994, ch. 418, sec. 1, p. 1308.]

§ 6-321 Security deposits

(1) Amounts deposited by a tenant with a landlord for any purpose other than the payment of rent shall be deemed security deposits. Upon termination of a lease or rental agreement and surrender of the premises by the tenant all amounts held by the landlord as a security deposit shall be refunded to the tenant, except amounts necessary to cover the contingencies specified in the deposit arrangement. The landlord shall not retain any part of a security deposit to cover normal wear and tear. "Normal wear and tear" means that deterioration which occurs based upon the use for which the rental unit is intended and without negligence, carelessness, accident, or misuse or abuse of the premises or contents by the tenant or members of his household, or their invitees or guests.

(2) Refunds shall be made within twenty-one (21) days if no time is fixed by agreement and, in any event, within thirty (30) days after surrender of the premises by the tenant. Any refunds in an amount less than the full amount deposited by the tenant shall be accompanied by a signed statement itemizing the amounts lawfully retained by the landlord, the purpose for the amounts retained, and a detailed list of expenditures made from the deposit.

(3) If security deposits have been made as to a particular rental or lease property, and the property changes ownership during a tenancy, the new owner shall be liable for refund of the deposits.

(4) A security deposit for a residential rental premises that is managed by a third-party manager of a landlord shall be maintained in a separate account at a federally insured financial institution. Such account shall be maintained separate from the third-party agent’s operating account. The requirements of this subsection shall not apply to a property owner, managers who have common members or principals of the property owner entity, a real estate licensee, or a nonprofit business organization as established under chapter 30, title 30, Idaho Code.

[6-321, added 1977, ch. 45, sec. 5, p. 83; am. 2021, ch. 197, sec. 1, p. 545.]

§ 6-322 Rules of practice in general

The provisions of this code relative to civil actions, appeals and new trials, so far as they are not inconsistent with the provisions of this chapter, apply to the proceedings mentioned in this chapter.

[6-322, added 1977, ch. 45, sec. 6, p. 83.]

§ 6-323 Service of notice to landlord

The notice required by section 6-320(d), Idaho Code, shall be served either:

(1) By delivering a copy to the landlord or his agent personally; or

(2) If the landlord or his agent is absent from his usual place of business, by leaving a copy with an employee at the usual place of business of the landlord or his agent; or

(3) By sending a copy of the notice to the landlord or his agent by United States Postal Service certified mail, return receipt requested.

[6-323, added 1977, ch. 45, sec. 7, p. 84.]

§ 6-324 Attorney fees

In any action brought under the provisions of this chapter, except in those cases where treble damages are awarded, the prevailing party shall be entitled to an award of attorney fees. For attorney fees to be awarded in cases requiring the three (3) days’ notice as set forth in section 6-303 2., Idaho Code, it shall be necessary that the three (3) days’ notice advise the tenant that attorney fees shall be awarded to the prevailing party.

[6-324, added 1985, ch. 144, sec. 1, p. 389.]

Chapter 4 Quieting Title — Other Provisions Relating to Actions Concerning Real Estate

§ 6-401 Actions to quiet title

An action may be brought by any person against another who claims an estate or interest in real or personal property adverse to him, for the purpose of determining such adverse claim, provided that all actions to adjudicate water rights and obtain a decree as to water source, quantity, point of diversion, place of use, nature of use, period of use, and priority as against other water users shall be brought under the provisions of chapter 14, title 42, Idaho Code.

[(6-401) C.C.P. 1881, sec. 476; R.S., R.C., & C.L., sec. 4538; C.S., sec. 6961; I.C.A., sec. 9-401; am. 1937, ch. 22, sec. 1, p. 32; am. 1981, ch. 265, sec. 1, p. 561.]

§ 6-402 Disclaimer or default — Costs

If the defendant in such action disclaim in his answer any interest or estate in the property, or suffer judgment to be taken against him without answer, the plaintiff can not recover costs.

[(6-402) C.C.P. 1881, sec. 477; R.S., R.C., & C.L., sec. 4539; C.S., sec. 6962; I.C.A., sec. 9-402.]

§ 6-403 Termination of plaintiff’s right

In an action for the recovery of real property, where the plaintiff shows a right to recover at the time the action was commenced but it appears that his right has terminated during the pendency of the action, the verdict and judgment must be according to the fact, and the plaintiff may recover damages for withholding the property.

[(6-403) C.C.P. 1881, sec. 478; R.S., R.C., & C.L., sec. 4540; C.S., sec. 6963; I.C.A., sec. 9-403.]

§ 6-404 Value of improvements as set-off

When damages are claimed for withholding the property recovered, upon which permanent improvements have been made by a defendant, or those under whom he claims, holding under color of title adversely to the claim of the plaintiff, in good faith, the value of such improvements must be allowed as a set-off against such damages.

[(6-404) C.C.P. 1881, sec. 470; R.S., R.C., & C.L., sec. 4541; C.S., sec. 6964; I.C.A., sec. 9-404.]

§ 6-405 Order for survey and examination

(1) Any person having a bona fide claim to the possession of, title of, or interest in any real property or mining claim, including any ledges thereof, that is, or that he has good reason to believe is, in the possession of another, either by surface or underground holdings or workings, and it is necessary for the ascertainment, enforcement or protection of such rights or interests, that an examination or survey of such property be had, and the person so in the possession thereof fails or refuses for three (3) days after demand on him made in writing, to permit such examination or survey to be made, the party desiring the same may apply to the court or the judge thereof, whether he have an action concerning such property pending in such court or not, for an order for such examination and survey.

(2) Such application must be made upon written petition or statement under oath, setting out a description of the property, interest of the party therein, that the premises are in the possession of a party, naming him, the reason why such survey or examination is asked, the demand made for same, and refusal thereof.

(3) The court or judge must appoint a time and place for hearing, of which notice, with a copy of the petition, must be served upon the adverse party at least three (3) days before the hearing and one (1) additional day for each twenty-five (25) miles between the place of service of notice and the hearing, and such hearing must be had and the testimony must be produced in the same manner as provided by section 8-411, Idaho Code, for hearings on injunctions.

(4) If upon such hearing the court or judge is satisfied that either party is entitled to any relief or order for examination or survey of any property in the possession of the other, which has, by the papers in the proceedings been put in controversy, an order must be granted for such examination, survey and other privileges as the court or judge may deem just, and the order must specify as nearly as possible what the person in whose favor such order is granted may do.

(5) Thereupon, such person may have free access, with such agents and assistants as may be allowed, to all parts of such property, with right to remove any loose rock, debris or other obstacle, when the same is necessary to the making of a full inspection or survey of such property, but no such removal must be made without the consent of the adverse party or the order of the court or judge permitting the same.

(6) The court or judge may also, upon proper showing with a view of producing such evidence as may be needed to determine the rights of the parties, allow work to be done on such property, but any work so permitted must be allowed only after the same is particularly defined and must not be allowed in such manner as to interfere with the workings of the adverse party, and then only when the court is satisfied the adverse party is acting in bad faith and is infringing, or attempting so to do, upon the rights of the party asking to do such work and when there is no other reasonable or convenient mode for the production of the evidence necessary to settle the rights of the parties.

(7) The party so asking to do work upon the premises of, or in the possession of another, must give good and sufficient security for the payment of all damages he may do the adverse party by reason of such work, and the court or judge must at every stage of the proceedings have due regard for the rights of all parties in interest.

[(6-405) Act Feb. 10, 1887; R.S., R.C., & C.L., sec. 4542; C.S., sec. 6965; I.C.A., sec. 9-405; am. 2022, ch. 111, sec. 2, p. 369.]

§ 6-406 Form and service of order — Rights under

The order must describe the property, and a copy thereof must be served on the owner or occupant; and thereupon such party may enter upon the property, with necessary surveyors and assistants, and make such survey and measurement, but if any unnecessary injury be done to the property he is liable therefor.

[(6-406) C.C.P. 1881, sec. 481; R.S., R.C., & C.L., sec. 4543; C.S., sec. 6966; I.C.A., sec. 9-406.]

§ 6-407 Injury pending foreclosure or conveyance after execution sale — Injunction

The court may, by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of real property during the foreclosure of a mortgage thereon, or after a sale on execution before a conveyance.

[(6-407) C.C.P. 1881, sec. 483; R.S., R.C., & C.L., sec. 4544; C.S., sec. 6967; I.C.A., sec. 9-407.]

§ 6-408 Injury pending conveyance after sale — Damages

When real property has been sold on execution, the purchaser thereof, or any person who may have succeeded to his interest, or any redemptioner, may, after his estate becomes absolute, recover damages for injury to the property by the tenant in possession after sale, and before possession is delivered under the conveyance.

[(6-408) C.C.P. 1881, sec. 484; R.S., R.C., & C.L., sec. 4545; C.S., sec. 6968; I.C.A., sec. 9-408.]

§ 6-409 Alienation pending suit

An action for the recovery of real property against a person in possession cannot be prejudiced by any alienation made by such person, either before or after the commencement of the action.

[(6-409) C.C.P. 1881, sec. 485; R.S., R.C., & C.L., sec. 4546; C.S., sec. 6969; I.C.A., sec. 9-409.]

§ 6-410 Mining customs admissible in evidence

In actions respecting mining claims, proof must be admitted of the customs, usages or regulations established and in force at the bar or diggings embracing such claim, and such customs, usages or regulations, when not in conflict with the laws of this state, must govern the decision of the action.

[(6-410) C.C.P. 1881, sec. 486; R.S., R.C., & C.L., sec. 4547; C.S., sec. 6970; I.C.A., sec. 9-410.]

§ 6-411 Quiet title action — Maintenance against mortgage barred by statute of limitations

An action may be maintained to quiet title to lands against any mortgage, the enforcement and collection of which is barred by the Statute of Limitations of the State of Idaho, and which, except for the fact that its collection and enforcement is so barred, would constitute a lien upon such lands.

[6-411, added 1951, ch. 117, sec. 1, p. 272.]

§ 6-412 Quiet title action — Maintenance against judgment barred by statute of limitations

An action may be maintained to quiet title to lands against any judgment, the enforcement and collection of which is barred by the Statute of Limitations of the State of Idaho and which, except for the fact that its collection and enforcement is so barred by the Statute of Limitations, would constitute a lien upon said lands.

[6-412, added 1951, ch. 117, sec. 2, p. 272.]

§ 6-413 Quiet title action — Decree

The party seeking to maintain such action shall be entitled to a decree quieting title to his lands against the lien of any such judgment or mortgage upon proof that the collection and enforcement of such judgment or mortgage is barred by the Statute of Limitations and without the necessity of proving that any such judgment or the indebtedness secured by any such mortgage has been paid.

[6-413, added 1951, ch. 117, sec. 3, p. 272.]

§ 6-414 Occupant of real estate — Stay of execution for possession — When authorized

Where an occupant of real estate has color of title thereto, and in good faith has made valuable improvements thereon, and is afterwards in a proper action found not to be the owner, no execution shall issue to put the owner in possession of the same after the filing of an action as hereinafter provided, until the provisions of this act have been complied with; provided said occupant may elect, after filing of the action, to exercise his right to remove such improvements if it can be done without injury otherwise to such real estate.

[6-414, added 1972, ch. 118, sec. 1, p. 234.]

§ 6-415 Occupant of real estate — Owner’s complaint for possession — Contents — Trial

Such complaint must set forth the grounds on which the owner seeks relief, stating as accurately as practicable the value of the real estate, exclusive of the improvements thereon made by the claimant or his grantors, and the value of such improvements. The issues joined thereon must be tried by the court, and the value of the real estate and of such improvements must be separately ascertained on the trial.

[6-415, added 1972, ch. 118, sec. 2, p. 234.]

§ 6-416 Occupant of real estate — Determination of right to possession — Tenants in common — Partition procedure

The owner in the main action may thereupon pay the value of the improvements determined on trial and take the property, but should he fail to do so after a reasonable time not to exceed one (1) year, to be fixed by the court, the claimant may take the property upon paying its value determined on trial, less any amount paid by claimant or his predecessor on a judicial or tax sale, exclusive of the improvements. If this is not done within said time, to be fixed by the court, the parties will be held to be tenants in common of all the real estate, including the improvements, each holding an interest proportionate to the values ascertained on the trial; provided, further, that thereafter, upon the motion of either party, proceedings may be had for partition thereof in accordance with chapter 5, title 6, Idaho Code.

[6-416, added 1972, ch. 118, sec. 3, p. 234; am. 2020, ch. 82, sec. 2, p. 175.]

§ 6-417 Color of title — Definition

For definition in this act, a person having color of title shall include (a) a purchaser in good faith at any judicial or tax sale made by the proper person or officer, whether such person or officer has sufficient authority to sell or not, unless such want of authority was known to such purchaser at the time of the sale; and (b) a person who has occupied a tract of real estate if he, or those under whom he claims, have at any time during such occupancy with the knowledge or consent, express or implied, of the real owner made any valuable improvements thereon; a person’s rights shall pass to his assignees or representatives; but nothing in this act shall be construed to give tenants color of title (i) against their landlords or (ii) against the state of Idaho or any subdivision thereof.

[6-417, added 1972, ch. 118, sec. 4, p. 234.]

§ 6-418 Occupant of real estate — Owner’s right to possession — Limitations

The owner in the main action is entitled to an execution to put him in possession of his property in accordance with the provisions of this act, but not otherwise.

[6-418, added 1972, ch. 118, sec. 5, p. 234.]

Chapter 5 Partition of Real Estate

§ 6-501 When partition may be had

When several cotenants hold and are in possession of real property as parceners, joint tenants or tenants in common, in which one (1) or more of them have an estate of inheritance, or for life or lives, or for years, an action may be brought by one (1) or more of such persons for a partition thereof, according to the respective rights of the persons interested therein, and for a sale of such property, or a part thereof, if it appears that a partition cannot be made without great prejudice to the owners.

[(6-501) C.C.P. 1881, sec. 487; R.S., R.C., & C.L., sec. 4560; C.S., sec. 6976; I.C.A., sec. 9-501.]

§ 6-502 Complaint — Allegations of interests of parties

The interests of all persons in the property, whether such persons be known or unknown, must be set forth in the complaint specifically and particularly as far as known to the plaintiff; and if one (1) or more of the parties, or the share or quantity of interest of any one of the parties be unknown to the plaintiff, or be uncertain or contingent, or the ownership of the inheritance depend upon an executory devise, or the remainder be a contingent remainder, so that such parties cannot be named, that fact must be set forth in the complaint.

[(6-502) C.C.P. 1881, sec. 488; R.S., R.C., & C.L., sec. 4561; C.S., sec. 6977; I.C.A., sec. 9-502.]

§ 6-503 Parties — Lienholders and purchasers of record

No person having a conveyance of, or claiming a lien on, the property, or of some part of it, need be made a party to the action, unless such conveyance or lien appear of record.

[(6-503) C.C.P. 1881, sec. 489; R.S., R.C., & C.L., sec. 4562; C.S., sec. 6978; I.C.A., sec. 9-503.]

§ 6-504 Lis pendens — Filing and effect

Immediately after filing the complaint in the district court the plaintiff must file with the recorder of the county, or of the several counties in which the property is situated, either a copy of such complaint or a notice of the pendency of the action, containing the names of the parties so far as known, the object of the action, and a description of the property to be affected thereby. From the time of the filing it shall be deemed notice to all persons.

[(6-504) C.C.P. 1881, sec. 490; R.S., R.C., & C.L., sec. 4563; C.S., sec. 6979; I.C.A., sec. 9-504.]

§ 6-505 Summons — How directed

The summons must be directed to all the joint tenants and tenants in common, and all persons having any interest in, or any liens of record by mortgage, judgment, or otherwise upon the property, or upon any particular portion thereof; and generally, to all persons unknown, who have or claim any interest in the property.

[(6-505) C.C.P. 1881, sec. 491; R.S., R.C., & C.L., sec. 4564; C.S., sec. 6980; I.C.A., sec. 9-505.]

§ 6-506 Service by publication

If a party having a share or interest is unknown, or any one of the known parties reside out of the state, or cannot be found therein, and such fact is made to appear by affidavit, the summons may be served on such absent or unknown party by publication, as in other cases. When publication is made, the summons, as published, must be accompanied by a brief description of the property which is the subject of the action.

[(6-506) C.C.P. 1881, sec. 492; R.S., R.C., & C.L., sec. 4565; C.S., sec. 6981; I.C.A., sec. 9-506.]

§ 6-507 Answer

The defendants who have been personally served with the summons and a copy of the complaint, or who have appeared without such service, must set forth in their answers fully and particularly, the origin, nature and extent of their respective interests in the property, and if such defendants claim a lien on the property by mortgage, judgment or otherwise, they must state the original amount and date of the same, and the sum remaining due thereon, also whether the same has been secured in any other way or not; and if secured, the nature and extent of such security, or they are deemed to have waived their right to such lien.

[(6-507) C.C.P. 1881, sec. 493; R.S., R.C., & C.L., sec. 4566; C.S., sec. 6982; I.C.A., sec. 9-507.]

§ 6-508 Rights of all parties may be determined

The rights of the several parties, plaintiff as well as defendant, may be put in issue, tried and determined in such action; and when a sale of the premises is necessary, the title must be ascertained by proof to the satisfaction of the court before the judgment of sale can be made; and where service of the complaint has been made by publication, like proof must be required of the right of the absent or unknown parties before such judgment is rendered, except that where there are several unknown persons having an interest in the property, their rights may be considered together in the action, and not as between themselves.

[(6-508) C.C.P. 1881, sec. 494; R.S., R.C., & C.L., sec. 4567; C.S., sec. 6983; I.C.A., sec. 9-508.]

§ 6-509 Partial partition

Whenever from any cause it is, in the opinion of the court, impracticable or highly inconvenient to make a complete partition in the first instance among all the parties in interest, the court may first ascertain and determine the shares or interests respectively held by the original cotenants, and thereupon adjudge and cause a partition to be made as if such original cotenants were the parties and sole parties in interest and the only parties to the action, and thereafter may proceed in like manner to adjudge and make partition separately of each share or portion so ascertained and allotted as between those claiming under the original tenant to whom the same shall have been so set apart, or may allow them to remain tenants in common thereof as they may desire.

[(6-509) C.C.P. 1881, sec. 495; R.S., R.C., & C.L., sec. 4568; C.S., sec. 6984; I.C.A., sec. 9-509.]

§ 6-510 Lienholders — Determination of rights

If it appears to the court, by the certificate of the county recorder or clerk, or by the sworn or verified statement of any person who may have examined or searched the records, that there are outstanding liens or encumbrances of record upon such real property, or any part or portion thereof, which existed and were of record at the time of the commencement of the action, and the persons holding such liens are not made parties to the action, the court must either order such persons to be made parties to the action by an amendment or supplemental complaint, or appoint a referee to ascertain whether or not such liens or encumbrances have been paid, or if not paid what amount remains due thereon, and their order among the liens or encumbrances severally held by such persons and the parties to the action, and whether the amount remaining due thereon has been secured in any manner, and if secured, the nature and extent of the security.

[(6-510) C.C.P. 1881, sec. 496; R.S., R.C., & C.L., sec. 4569; C.S., sec. 6985; I.C.A., sec. 9-510.]

§ 6-511 Notice to lienholders

The plaintiff must cause a notice to be served a reasonable time previous to the day for appearance before the referee appointed as provided in the last section, on each person having outstanding liens of record who is not a party to the action, to appear before the referee at a specified time and place, to make proof by his own affidavit or otherwise, of the amount due or to become due, contingently or absolutely thereon. In case such person be absent or his residence be unknown, service may be made by publication or notice to his agents, under the direction of the court, in such manner as may be proper. The report of the referee thereon must be made to the court, and must be confirmed, modified, or set aside and a new reference ordered, as the justice of the case may require.

[(6-511) C.C.P. 1881, sec. 497; R.S., R.C., & C.L., sec. 4570; C.S., sec. 6986; I.C.A., sec. 9-511.]

§ 6-512 Partition — Sale — Referees

If it be alleged in the complaint and established by evidence, or if it appear by the evidence without such allegation in the complaint, to the satisfaction of the court, that the property, or any part of it, is so situated that partition cannot be made without great prejudice to the owners, the court may order a sale thereof. Otherwise, upon the requisite proofs being made, it must order a partition according to the respective rights of the parties as ascertained by the court, and appoint three (3) referees therefor; and must designate the portion to remain undivided for the owners whose interests remain unknown, or are not ascertained.

[(6-512) C.C.P. 1881, sec. 498; R.S., R.C., & C.L., sec. 4571; C.S., sec. 6987; I.C.A., sec. 9-512.]

§ 6-513 Duties of referees

In making the partition the referees must divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court, pursuant to the provisions of this chapter, designating the several portions by proper landmarks, and may employ a surveyor with the necessary assistants to aid them.

[(6-513) C.C.P. 1881, sec. 499; R.S., R.C., & C.L., sec. 4572; C.S., sec. 6988; I.C.A., sec. 9-513.]

§ 6-514 Report of referees

The referees must make a report of their proceedings, specifying the manner in which they executed their trust, and describing the property divided, and the shares allotted to each party, with a particular description of each share.

[(6-514) C.C.P. 1881, sec. 500; R.S., R.C., & C.L., sec. 4573; C.S., sec. 6989; I.C.A., sec. 9-514.]

§ 6-515 Report of referees — Confirmation — Judgment

The court may confirm, change, modify or set aside the report, and if necessary appoint new referees. Upon the report being confirmed, judgment must be rendered that such partition be effectual forever, which judgment is binding and conclusive:

On all persons named as parties to the action, and their legal representatives, who have at the time any interest in the property divided, or any part thereof, as owners in fee or as tenants for life or for years, or as entitled to the reversion, remainder, or the inheritance of such property, or of any part thereof, after the determination of a particular estate therein, and who by any contingency may be entitled to a beneficial interest in the property, or who have an interest in any undivided share thereof, as tenants for years or for life.
On all persons interested in the property, who may be unknown, to whom notice has been given of the action for partition by publication.
On all other persons claiming from such parties or persons or either of them. And no judgment is invalidated by reason of the death of any party before final judgment or decree; but such judgment or decree is as conclusive against the heirs, legal representatives or assigns of such decedent as if it had been entered before his death.

[(6-515) C.C.P. 1881, sec. 501; R.S., R.C., & C.L., sec. 4574; C.S., sec. 6990; I.C.A., sec. 9-515.]

§ 6-516 Effect of judgment on tenants for years

The judgment does not affect tenants for years less than ten (10) to the whole of the property which is the subject of the partition.

[(6-516) C.C.P. 1881, sec. 502; R.S., R.C., & C.L., sec. 4575; C.S., sec. 6991; I.C.A., sec. 9-516.]

§ 6-517 Allowance of expenses of referees

The expenses of the referees, including those of a surveyor and his assistants when employed, must be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by the court, in its discretion, to the referees, must be apportioned among the different parties to the action equitably.

[(6-517) C.C.P. 1881, sec. 503; R.S., R.C., & C.L., sec. 4576; C.S., sec. 6992; I.C.A., sec. 9-517.]

§ 6-518 Lien on undivided interest — Charge on share assigned to lienor

When a lien is on an undivided interest or estate of any of the parties, such lien, if a partition be made, shall thenceforth be a charge only on the share assigned to such party; but such share must first be charged with its just proportion of the costs of the partition, in preference to such lien.

[(6-518) C.C.P. 1881, sec. 504; R.S., R.C., & C.L., sec. 4577; C.S., sec. 6993; I.C.A., sec. 9-518.]

§ 6-519 Estate for life or years may be set off

When a part of the property only is ordered to be sold, if there be an estate for life or years in an undivided share of the whole property, such estate may be set off in any part of the property not ordered to be sold.

[(6-519) C.C.P. 1881, sec. 505; R.S., R.C., & C.L., sec. 4578; C.S., sec. 6994; I.C.A., sec. 9-519.]

§ 6-520 Application of proceeds of sale of encumbered property

The proceeds of the sale of encumbered property must be applied under the direction of the court as follows:

To pay its just proportion of the general costs of the action.
To pay the costs of the reference.
To satisfy and cancel of record the several liens in their order of priority, by payment of the sums due and to become due; the amount due to be verified by affidavit at the time of payment.
The residue among the owners of the property sold, according to their respective shares therein.

[(6-520) C.C.P. 1881, sec. 506; R.S., R.C., & C.L., sec. 4579; C.S., sec. 6995; I.C.A., sec. 9-520.]

§ 6-521 Resort to other securities compelled

Whenever any party to an action who holds a lien upon the property, or any part thereof, has other securities for the payment of the amount of such lien, the court may, in its discretion, order such securities to be exhausted before a distribution of the proceeds of sale, or may order a just reduction to be made from the amount of the lien on the property on account thereof.

[(6-521) C.C.P. 1881, sec. 507; R.S., R.C., & C.L., sec. 4580; C.S., sec. 6996; I.C.A., sec. 9-521.]

§ 6-522 Distribution of proceeds

The proceeds of sale and the securities taken by the referees, or any part thereof, must be distributed by them to the persons entitled thereto, whenever the court so directs. But in case no direction be given, all of such proceeds and securities must be paid into court or deposited therein, or as directed by the court.

[(6-522) C.C.P. 1881, sec. 508; R.S., R.C., & C.L., sec. 4581; C.S., sec. 6997; I.C.A., sec. 9-522.]

§ 6-523 Payment into court — Continuance of action

When the proceeds of the sale of any share or parcel belonging to persons who are parties to the action, and who are known, are paid into court, the action may be continued as between such parties for the determination of their respective claims thereto, which must be ascertained and adjudged by the court. Further testimony may be taken in court or by a referee, at the discretion of the court, and the court may, if necessary, require such parties to present the facts or law in controversy, by pleadings as in an original action.

[(6-523) C.C.P. 1881, sec. 509; R.S., R.C., & C.L., sec. 4582; C.S., sec. 6998; I.C.A., sec. 9-523.]

§ 6-524 Conduct of sale — Contents of notice

All sales of real property made by referees under this chapter must be made at public auction to the highest bidder, upon notice published in the manner required for the sale of real property on execution. The notice must state the terms of sale, and if the property or any part of it is to be subject to a prior estate, charge or lien, that must be stated in the notice.

[(6-524) C.C.P. 1881, sec. 510; R.S., R.C., & C.L., sec. 4583; C.S., sec. 6999; I.C.A., sec. 9-524.]

§ 6-525 Terms of sale

The court must, in the order for sale, direct the terms of credit which may be allowed for the purchase-money of any portion of the premises of which it may direct a sale on credit, and for that portion of which the purchase-money is required by the provisions hereinafter contained, to be invested for the benefit of unknown owners, infants or parties out of the state.

[(6-525) C.C.P. 1881, sec. 511; R.S., R.C., & C.L., sec. 4584; C.S., sec. 7000; I.C.A., sec. 9-525.]

§ 6-526 Security for purchase-money

The referees may take separate mortgages and other securities for the whole or convenient portions of the purchase-money of such parts of the property as are directed by the court to be sold on credit for the shares of any known owner of full age, in the name of such owner; and for the shares of an infant in the name of the guardian of such infant; and for other shares in the name of the clerk of the court and his successors in office.

[(6-526) C.C.P. 1881, sec. 512; R.S., R.C., & C.L., sec. 4585; C.S., sec. 7001; I.C.A., sec. 9-526.]

§ 6-527 Compensation of tenants for life or years

The person entitled to a tenancy for life or years, whose estate has been sold, is entitled to receive such sum as may be deemed a reasonable satisfaction for such estate, and which the person so entitled may consent to accept instead thereof, by an instrument in writing filed with the clerk of the court. Upon the filing of such consent the clerk must enter the same in the minutes of the court.

[(6-527) C.C.P. 1881, sec. 513; R.S., R.C., & C.L., sec. 4586; C.S., sec. 7002; I.C.A., sec. 9-527.]

§ 6-528 Consent not given — Compensation fixed by court

If such consent be not given, filed and entered as provided in the last section, at or before a judgment of sale is rendered, the court must ascertain and determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be allowed on account of such estate, and must order the same to be paid to such party, or deposited in court for him, as the case may require.

[(6-528) C.C.P. 1881, sec. 514; R.S., R.C., & C.L., sec. 4587; C.S., sec. 7003; I.C.A., sec. 9-528.]

§ 6-529 Protection of unknown parties

If the persons entitled to such estate for life or years be unknown, the court must provide for the protection of their rights in the same manner, as far as may be, as if they were known and had appeared.

[(6-529) C.C.P. 1881, sec. 515; R.S., R.C., & C.L., sec. 4588; C.S., sec. 7004; I.C.A., sec. 9-529.]

§ 6-530 Compensation for contingent interest

In all cases of sales when it appears that any person has a vested or contingent future right or estate in any of the property sold, the court must ascertain and settle the proportionate value of such contingent or vested right or estate, and must direct such proportion of the proceeds of the sale to be invested, secured, or paid over in such manner as to protect the rights and interests of the parties.

[(6-530) C.C.P. 1881, sec. 516; R.S., R.C., & C.L., sec. 4589; C.S., sec. 7005; I.C.A., sec. 9-530.]

§ 6-531 Notice of terms of sale

In all cases of sales of property the terms must be made known at the time; and if the premises consist of distinct farms or lots, they must be sold separately.

[(6-531) C.C.P. 1881, sec. 517; R.S., R.C., & C.L., sec. 4590; C.S., sec. 7006; I.C.A., sec. 9-531.]

§ 6-532 Purchase by referees and guardians prohibited

Neither of the referees, nor any person for the benefit of either of them, can be interested in any purchase; nor can a guardian of an infant party be interested in the purchase of any real property being the subject of the action, except for the benefit of the infant. All sales contrary to the provisions of this section are void.

[(6-532) C.C.P. 1881, sec. 518; R.S., R.C., & C.L., sec. 4591; C.S., sec. 7007; I.C.A., sec. 9-532.]

§ 6-533 Report of sale

After completing a sale of the property, or any part thereof ordered to be sold, the referees must report the same to the court with a description of the different parcels of lands sold to each purchaser; the name of the purchaser; the price paid or secured; the terms and conditions of the sale, and the securities, if any, taken. The report must be filed in the office of the clerk.

[(6-533) C.C.P. 1881, sec. 519; R.S., R.C., & C.L., sec. 4592; C.S., sec. 7008; I.C.A., sec. 9-533.]

§ 6-534 Confirmation and order for conveyance

If the sale be confirmed by the court, an order must be entered directing the referees to execute conveyances and take securities pursuant to such sale, which they are hereby authorized to do. Such order may also give directions to them respecting the disposition of the proceeds of the sale.

[(6-534) C.C.P. 1881, sec. 520; R.S., R.C., & C.L., sec. 4593; C.S., sec. 7009; I.C.A., sec. 9-534.]

§ 6-535 Lienholders as purchasers

When a party entitled to a share of the property, or an encumbrancer entitled to have his lien paid out of the sale, becomes a purchaser, the referees may take his receipt for so much of the proceeds of the sale as belongs to him.

[(6-535) C.C.P. 1881, sec. 521; R.S., R.C., & C.L., sec. 4594; C.S., sec. 7010; I.C.A., sec. 9-535.]

§ 6-536 Record and effect of conveyance

The conveyances must be recorded in the county where the premises are situated, and shall be a bar against all persons interested in the property in any way, who shall have been named as parties in the action, and against all such parties and persons as were unknown, if the summons were served by publication, and against all persons claiming under them, or either of them, and against all persons having unrecorded deeds or liens at the commencement of the action.

[(6-536) C.C.P. 1881, sec. 522; R.S., R.C., & C.L., sec. 4595; C.S., sec. 7011; I.C.A., sec. 9-536.]

§ 6-537 Investment of proceeds belonging to unknowns or nonresidents

When there are proceeds of sale belonging to an unknown owner, or to a person without the state, who has no legal representative within it, the same must be invested in securities at interest for the benefit of the persons entitled thereto.

[(6-537) C.C.P. 1881, sec. 523; R.S., R.C., & C.L., sec. 4596; C.S., sec. 7012; I.C.A., sec. 9-537.]

§ 6-538 Investment — When made in recorder’s name

When the security of the proceeds of sale is taken, or when an investment of any such proceeds is made, it must be done, except as herein otherwise provided, in the name of the recorder of the county where the papers are filed, and his successors in office, who must hold the same for the use and benefit of the parties interested, subject to the order of the court.

[(6-538) C.C.P. 1881, sec. 524; R.S., R.C., & C.L., sec. 4597; C.S., sec. 7013; I.C.A., sec. 9-538.]

§ 6-539 Investment — When made in parties’ names

When security is taken by the referees on a sale, and the parties interested in such security, by an instrument in writing, under their hands, delivered to the referee, agree upon the shares and proportions to which they are respectively entitled, or when shares and proportions have been previously adjudged by the court, such securities must be taken in the names of and payable to the parties respectively entitled thereto, and must be delivered to such parties upon their receipt therefor. Such agreement and receipt must be returned and filed with the clerk.

[(6-539) C.C.P. 1881, sec. 525; R.S., R.C., & C.L., sec. 4598; C.S., sec. 7014; I.C.A., sec. 9-539.]

§ 6-540 Duty of recorder taking security or making investment

The recorder in whose name a security is taken, or by whom an investment is made, and his successors in office, must receive the interest and principal as it becomes due, and apply and invest the same as the court may direct; and must deposit with the county treasurer all securities taken, and keep an account in a book provided and kept for that purpose in the recorder’s office, free for inspection by all persons, of investments in moneys received by him thereon and the disposition thereof.

[(6-540) C.C.P. 1881, sec. 526; R.S., R.C., & C.L., sec. 4599; C.S., sec. 7015; I.C.A., sec. 9-540.]

§ 6-541 Unequal partition — Compensation

When it appears that partition cannot be made equal between the parties, according to their respective rights, without prejudice to the rights and interests of some of them, and a partition be ordered, the court may adjudge compensation to be made by one party to another on account of the inequality; but such compensation shall not be required to be made to others by owners unknown, nor by an infant, unless it appears that such infant has personal property sufficient for that purpose, and that his interest will be promoted thereby. And in all cases the court has power to make compensatory adjustment between the respective parties according to the ordinary principles of equity.

[(6-541) C.C.P. 1881, sec. 527; R.S., R.C., & C.L., sec. 4600; C.S., sec. 7016; I.C.A., sec. 9-541.]

§ 6-542 Sale of infant’s share — Payment of proceeds to guardian

When the share of an infant is sold, the proceeds of the sale may be paid by the referee making the sale to his general guardian, or the special guardian appointed for him in the action.

[(6-542) C.C.P., 1881, sec. 528; R.S., R.C., & C.L., sec. 4601; C.S., sec. 7017; I.C.A., sec. 9-542; am. 1971, ch. 111, sec. 9, p. 233.]

§ 6-543 Sale of share of incapacitated or protected person — Payment of proceeds to guardian

The guardian who may be entitled to the custody and management of the estate of an incapacitated or protected person whose interest in real property has been sold, may receive, in behalf of such person, his share of the proceeds of such real property from the referees.

[(6-543) C.C.P., 1881, sec. 529; R.S., R.C., & C.L., sec. 4602; C.S., sec. 7018; I.C.A., sec. 9-543; am. 1971, ch. 111, sec. 10, p. 233; am. 2011, ch. 151, sec. 1, p. 414.]

§ 6-544 Partition without action — Consent of guardian

The general guardian of an infant, and the guardian entitled to the custody and management of the estate of an incapacitated or protected person, or other person adjudged incapable of conducting his own affairs, who is interested in the real estate held in joint tenancy, or in common, or in any other manner so as to authorize his being made a party to an action for the partition thereof, may consent to a partition without action, and agree upon the share to be set off to such infant or other person entitled, and may execute a release in his behalf to the owners of the shares of the parts to which they may be respectively entitled, upon an order of the court.

[(6-544) C.C.P. 1881, sec. 530; R.S., R.C., & C.L., sec. 4603; C.S., sec. 7019; I.C.A., sec. 9-544; am. 2011, ch. 151, sec. 2, p. 415.]

§ 6-545 Costs of partition — Apportionment to parties — Lien

The costs of partition, including reasonable counsel fees, expended by the plaintiff or either of the defendants for the common benefit, fees of referees, and other disbursements, must be paid by the parties respectively entitled to share in the lands divided, in proportion to their respective interests therein, and may be included and specified in the judgment. In that case they shall be a lien on the several shares, and the judgment may be enforced by execution against such shares and against other property held by the respective parties. When, however, litigation arises between some of the parties only, the court may require the expense of such litigation to be paid by the parties thereto, or any of them.

[(6-545) C.C.P. 1881, sec. 531; R.S., R.C., & C.L., sec. 4604; C.S., sec. 7020; I.C.A., sec. 9-545.]

§ 6-546 Appointment of single referee

The court, with the consent of the parties, may appoint a single referee, instead of three (3) referees, in the proceedings under the provisions of this chapter, and the single referee, when thus appointed, has all the powers and may perform all the duties required of the three (3) referees.

[(6-546) C.C.P. 1881, sec. 532; R.S., R.C., & C.L., sec. 4605; C.S., sec. 7021; I.C.A., sec. 9-546.]

§ 6-547 Cost of abstract of title

If it appears to the court that it was necessary to have made an abstract of the title to the property to be partitioned, and such abstract shall have been procured by the plaintiff, or if the plaintiff shall have failed to have the same made before the commencement of the action, and any one of the defendants shall have had such abstract afterwards made, the cost of the abstract, with interest thereon from the time the same is subject to inspection of the respective parties to the action, must be allowed and taxed.

[(6-547) C.C.P. 1881, sec. 533; R.S., R.C., & C.L., sec. 4606; C.S., sec. 7022; I.C.A., sec. 9-547.]

Chapter 6 Usurpation of Office or Franchise

§ 6-601 Writ of scire facias abolished

The writ of scire facias is abolished.

[(6-601) C.C.P. 1881, sec. 534; R.S., R.C., & C.L., sec. 4611; C.S., sec. 7023; I.C.A., sec. 9-601.]

§ 6-602 Actions for usurpation of office

An action may be brought in the name of the people of the state against any person who usurps, intrudes into, holds or exercises any office or franchise, real or pretended, within this state, without authority of law. Such action shall be brought by the prosecuting attorney of the proper county, when the office or franchise relates to a county, precinct or city, and when such office or franchise relates to the state, by the attorney general; and it shall be the duty of the proper officer, upon proper showing, to bring such action whenever he has reason to believe that any such office or franchise has been usurped, intruded into, held or exercised without authority of law. Any person rightfully entitled to an office or franchise may bring an action in his own name against the person who has usurped, intruded into, or who holds or exercises the same.

[(6-602) R.S., R.C., & C.L., sec. 4612; C.S., sec. 7024; I.C.A., sec. 9-602.]

§ 6-603 Statement of private right — Arrest of defendant

Whenever such action is brought in the name of the people of the state, the prosecuting attorney at the request of the person entitled to the office or franchise, in addition to the cause of action in behalf of the people of the state, may set forth the name of the person so entitled, with a statement of his right thereto, and in such case, upon proof by affidavit that the defendant has received fees or emoluments belonging to the office, and by means of usurpation thereof, an order may be granted by the judge or court wherein the case is pending, for the arrest of such defendant, and holding him to bail, and thereupon he may be arrested and held to bail in the same manner and with the same effect, and subject to the same rights and liabilities as in other civil actions where the defendant is subject to arrest.

[(6-603) C.C.P. 1881, sec. 536; R.S., R.C., & C.L., sec. 4613; C.S., sec. 7025; I.C.A., sec. 9-603.]

§ 6-604 Form of judgment

In every such case judgment may be rendered upon the right of the defendant, and also upon the right of the party so alleged to be entitled, or only upon the right of the defendant, as the form of the action and justice may require.

[(6-604) C.C.P. 1881, sec. 537; R.S., R.C., & C.L., sec. 4614; C.S., sec. 7026; I.C.A., sec. 9-604.]

§ 6-605 Judgment for person entitled to office

If the judgment be rendered upon the right of the person so alleged to be entitled, and the same be in favor of such person, he shall be entitled, after taking the oath of office and executing such official bond as may be required by law, to take upon himself the execution of the office.

[(6-605) C.C.P. 1881, sec. 538; R.S., R.C., & C.L., sec. 4615; C.S., sec. 7027; I.C.A., sec. 9-605.]

§ 6-606 Damages against usurper

If judgment be rendered upon the right of the person so alleged to be entitled, in favor of such person, he may recover by action the damages which he may have sustained by reason of the usurpation of the office by the defendant.

[(6-606) C.C.P. 1881, sec. 539; R.S., R.C., & C.L., sec. 4616; C.S., sec. 7028; I.C.A., sec. 9-606.]

§ 6-607 Actions against several claimants

When several persons claim to be entitled to the same office or franchise, one action may be brought against all such persons in order to try their respective rights to such office or franchise.

[(6-607) C.C.P. 1881, sec. 540; R.S., R.C., & C.L., sec. 4617; C.S., sec. 7029; I.C.A., sec. 9-607.]

§ 6-608 Judgment of ouster — Fine

When a defendant against whom such action has been brought is adjudged guilty of usurping or intruding into or unlawfully holding any office, franchise or privilege, judgment must be rendered that such defendant be excluded from the office, franchise or privilege, and that he pay the costs of the action. The court may also, in its discretion, in actions to which the people of the state are a party, impose upon the defendant a fine not exceeding five thousand dollars, which fine, when collected, must be paid into the treasury of the state.

[(6-608) C.C.P. 1881, sec. 541; R.S., R.C., & C.L., sec. 4618; C.S., sec. 7030; I.C.A., sec. 9-608.]

§ 6-609 Undertaking required of informer

When the action is brought upon the information or application of a private party, the prosecuting attorney may require such party to enter into an undertaking, with sureties to be approved by the said officer, conditioned that such party or the sureties will pay any judgment for costs or damages recovered against the plaintiff, and all the costs and expenses incurred in the prosecution of the action.

[(6-609) C.C.P. 1881, sec. 542; R.S., R.C., & C.L., sec. 4619; C.S., sec. 7031; I.C.A., sec. 9-609.]

§ 6-610 Actions against law enforcement officers

(1) For purposes of this section, a "law enforcement officer" shall be defined as any court personnel, sheriff, constable, peace officer, state police officer, correctional, probation or parole official, prosecuting attorney, city attorney, attorney general, or their employees or agents, or any other person charged with the duty of enforcement of the criminal, traffic or penal laws of this state or any other law enforcement personnel or peace officer as defined in chapter 51, title 19, Idaho Code.

(2) Before any civil action may be filed against any law enforcement officer or service of civil process on any law enforcement officer, when such action arises out of, or in the course of the performance of his duty, or in any action upon the bond of any such law enforcement officer, the proposed plaintiff or petitioner, as a condition precedent thereto, shall prepare and file with, and at the time of filing the complaint or petition in any such action, a written undertaking with at least two (2) sufficient sureties in an amount to be fixed by the court. The purpose of this requirement is to ensure diligent prosecution of a civil action brought against a law enforcement officer, and in the event judgment is entered against the plaintiff or petitioner, for the payment to the defendant or respondent of all costs and expenses that may be awarded against the plaintiff or petitioner, including an award of reasonable attorney’s fees as determined by the court.

(3) In any such civil action the prevailing party shall be entitled to an award of costs as otherwise provided by law. The official bond of any law enforcement officer under this section shall be liable for any such costs.

(4) At any time during the course of a civil action against a law enforcement officer, the defendant or respondent may except to either the plaintiff’s or petitioner’s failure to file a bond or to the sufficiency of the sureties or to the amount of the bond.

(5) When the defendant or respondent excepts to the plaintiff’s or petitioner’s failure to post a bond under this section, the judge shall dismiss the case.

(6) When the defendant or respondent excepts to the sufficiency of the sureties the sureties must be justified by the plaintiff or petitioner. Upon failure to justify the judge must dismiss the case.

(7) When the amount of the bond is excepted to, a hearing may be held upon notice to the plaintiff or petitioner by the defendant or respondent of not less than two (2) nor more than ten (10) working days after the date the exception is filed, before the judge of the court in which the action is brought. If it appears that the bond is insufficient in amount, the judge shall order a new bond sufficient in amount to be filed within five (5) days of the date such order is received by the plaintiff or petitioner. If no such bond is filed as required by the order of the court, the judge shall dismiss the action.

[6-610, as added by 1953, ch. 234, sec. 1, p. 351; am. 1955, ch. 78, sec. 1, p. 150; am. 1997, ch. 131, sec. 1, p. 398.]

§ 6-610A Employer furnishing defense for public officer in criminal actions — Requirements

(1) If a criminal action or proceeding is brought against an employee who is a sheriff, constable, peace officer, commissioned officer of the Idaho state police, or any other person charged with the duty of enforcement of the criminal laws of this state, the employer of the employee charged in the criminal action shall reimburse the employee for reasonable expenses the employee incurred in providing his defense in the criminal action if:

(a) The criminal action or proceeding is brought on account of an act or omission which occurred in the course and scope of the employee’s duties as an employee of the employer; and

(b) The employee provides his own defense in the criminal action and the employee is found not guilty of the criminal charges or the charges are dropped.

(2) For the purposes of this section, employer shall mean the state of Idaho or any office, department, agency, authority, commission, board or other instrumentality thereof, and political subdivisions of the state of Idaho including any city, county or municipal corporation.

[6-610A, added 1987, ch. 175, sec. 1, p. 348; am. 1995, ch. 116, sec. 21, p. 398; am. 2000, ch. 469, sec. 16, p. 1466.]

§ 6-611 Immunity from liability

No public officer may be held either criminally or civilly liable for actions performed under any statute if such statute is subsequently declared by judicial determination to be unconstitutional or otherwise non-existent or void, if such actions would have been legal had such statute not been held by judicial determination to be unconstitutional or otherwise non-existent or void.

[I.C., sec. 6-611, as added by 1959, ch. 5, sec. 1, p. 12.]

Chapter 7 Libel and Slander

§ 6-701 Defamatory statements uttered on radio and television broadcasts in behalf of candidates — Liability

The owner, licensee, or operator of a visual or sound radio broadcasting station, or network of stations, or agents or employees of any such owner, licensee, or operator shall not be liable for any damages for any defamatory statement published or uttered in or as a part of any visual or sound radio broadcast by or on behalf of any candidate for public office; Provided, however, that this exemption from liability shall not apply to any owner, licensee, or operator, or agent or employee of any owner, licensee, or operator of such visual or sound radio broadcasting station, or network of stations, when such owner, licensee, or operator, or agent or employee of the owner, licensee, or operator of such visual or sound radio broadcasting station is a candidate for public office or speaking on behalf of a candidate for public office.

[6-701, added 1953, ch. 29, sec. 1, p. 49; am. 2011, ch. 151, sec. 3, p. 415.]

§ 6-702 Uniform single publication act — One cause of action for libel or slander — Recovery

No person shall have more than one (1) cause of action for damages for libel or slander or invasion of privacy or any other tort founded upon any single publication or exhibition or utterance, such as any one (1) edition of a newspaper or book or magazine or any one (1) presentation to an audience or any one (1) broadcast over radio or television or any one (1) exhibition of a motion picture. Recovery in any action shall include all damages for any such tort suffered by the plaintiff in all jurisdictions.

[6-702, added 1953, ch. 109, sec. 1, p. 143.]

§ 6-703 Judgment a bar to second action

A judgment in any jurisdiction for or against the plaintiff upon the substantive merits of any action for damages founded upon a single publication or exhibition or utterance as described in section 6-702, Idaho Code, shall bar any other action for damages by the same plaintiff against the same defendant founded upon the same publication or exhibition or utterance.

[6-703, added 1953, ch. 109, sec. 2, p. 143; am. 2022, ch. 111, sec. 3, p. 370.]

§ 6-704 Interpretation of act

This act shall be so interpreted as to effectuate its purpose to make uniform the law of those states or jurisdictions which enact it.

[6-704, added 1953, ch. 109, sec. 3, p. 143.]

§ 6-705 Title of act

This act may be cited as the Uniform Single Publication Act.

[6-705, added 1953, ch. 109, sec. 4, p. 143.]

§ 6-706 Radio or television broadcasting station or network of stations — Proof of malice

No person, firm, or corporation owning or operating a radio or television broadcasting station or network of stations shall be liable under the laws of libel, slander or defamation on account of having made its broadcasting facilities or network available to any person, in the absence of proof of actual malice on the part of such owner or operator; Provided, however, that this section shall not be construed to amend or modify the provisions of section 6-701, Idaho Code.

[6-706, added 1963, ch. 158, sec. 1, p. 459.]

§ 6-707 Right of station to require submission of matter intended to be broadcast

Any person, firm, or corporation owning or operating a radio or television broadcasting station shall have the right, but shall not be compelled, to require the submission and permanent filing, in such station, of a copy of the complete address, script or other form of expression, intended to be broadcast over such station before the time of the intended broadcast thereof.

[6-707, added 1963, ch. 158, sec. 2, p. 459.]

§ 6-708 Limitations and restrictions upon immunity from liability — Failure to exercise due care

Nothing in this act contained shall be construed to relieve any person broadcasting over a radio or television station from liability under the law of libel, slander or defamation. Nor shall anything in this act be construed to relieve any person, firm, or corporation owning or operating a radio or television broadcasting station or network from liability under the law of libel, slander or defamation on account of any broadcast prepared or made by any such person, firm, or corporation or by any officer or employee thereof in the course of his employment. In no event, however, shall any such person, firm, or corporation be liable for any damages for any defamatory statement or act published or uttered on or as a part of a visual or sound broadcast unless it shall be alleged and proved by the complaining party that such person, firm, or corporation has failed to exercise due care to prevent the publication or utterance of such statement or act in such broadcast. Bona fide compliance with any federal law or the regulation of any federal regulatory agency shall be deemed to constitute such due care as hereinabove mentioned.

[6-708, added 1963, ch. 158, sec. 3, p. 459.]

§ 6-709 Liability in case of joint operation

In any case where liability shall exist on account of any broadcast where two (2) or more radio or television stations were connected together simultaneously or by transcription, film, or other approved or adapted use for joint operation, in the making of such broadcast, such liability shall be confined and limited solely to the person, firm, or corporation owning or operating the radio or television station which originated such broadcast.

[6-709, added 1963, ch. 158, sec. 4, p. 459.]

§ 6-710 Privileged broadcasts

A privileged broadcast which shall not be considered as libelous, slanderous, or defamatory is one made:

(1) In the proper discharge of an official duty.

(2) In any broadcast of or any statement made in any legislative or judicial proceeding.

(3) By fair and true report, without malice of a judicial, legislative, or other public official proceedings, or of anything said in the course thereof, or of a charge or complaint made by any person to a public official, upon which a warrant shall have been issued or an arrest made.

[6-710, added 1963, ch. 158, sec. 5, p. 459.]

§ 6-711 Malice not inferred from broadcast

In the cases provided for in subdivision (3) of the preceding section, malice is not to be inferred from the mere fact of communication or broadcast.

[6-711, added 1963, ch. 158, sec. 6, p. 459.]

§ 6-712 Retraction by newspaper, radio or television broadcasting station or network of stations — Limit of recovery

In any action for damages for the publication of a libel, in a newspaper, or of a slander or libel by radio or television broadcast, plaintiff shall recover no more than actual damages unless a correction be demanded and be not published or broadcast, as hereinafter provided. Plaintiff shall serve upon the publisher, at the place of publication or broadcaster at the place of broadcast, a written notice specifying the statements and the manner in which said statements are claimed to be slanderous or libelous and demanding that the same be corrected. Said notice and demand must be served within 20 days after knowledge of the publication or broadcast of the statement claimed to be slanderous or libelous. If a correction be demanded within said period and be not published or broadcast in substantially as conspicuous a manner in said newspaper or on said radio or television broadcasting station as were the statements claimed to be slanderous or libelous, in a regular issue thereof published or broadcast within three (3) weeks after such service, plaintiff, if he proves such notice, demand and failure to correct, and if his cause of action be maintained, may recover general, actual and exemplary damages; provided that no exemplary damages may be recovered unless the plaintiff shall prove that defendant made the publication or broadcast with actual malice, and actual malice shall not be inferred or presumed from the publication or broadcast. A correction published or broadcast in substantially as conspicuous a manner in said newspaper or on said broadcasting station as the statements claimed in the complaint to be defamatory, prior to receipt of a demand therefor, shall be of the same force and effect as though such correction has been published or broadcast within three (3) weeks after a demand therefor.

[6-712, added 1963, ch. 158, sec. 7, p. 459.]

§ 6-713 Privileged publication in newspaper defined

A privileged publication in a newspaper which shall not be considered as libelous is one made:

(1) In the proper discharge of an official duty.

(2) In any publication of or any statement made in any legislative or judicial proceeding.

(3) In a communication, without malice, to a person interested therein, by one who is also interested, or by one who stands in such relation to the person interested as to afford a reasonable ground for supposing the motive for the communication innocent, or who is requested by the person interested to give the information.

(4) By a fair and true report, without malice, of a judicial, legislative or other public official proceeding, or of anything said in the course thereof, or of a charge or complaint made by any person to a public official, upon which a warrant shall have been issued or an arrest made.

[6-713, added 1963, ch. 158, sec. 8, p. 459.]

§ 6-714 Malice not inferred from publication

In the cases provided for in subdivisions (3) and (4) of the preceding section, malice is not inferred from the communication or publication.

[6-714, added 1963, ch. 158, sec. 9, p. 459.]

Chapter 8 Actions for Negligence

§ 6-801 Comparative negligence or comparative responsibility — Effect of contributory negligence

Contributory negligence or comparative responsibility shall not bar recovery in an action by any person or his legal representative to recover damages for negligence, gross negligence or comparative responsibility resulting in death or in injury to person or property, if such negligence or comparative responsibility was not as great as the negligence, gross negligence or comparative responsibility of the person against whom recovery is sought, but any damages allowed shall be diminished in the proportion to the amount of negligence or comparative responsibility attributable to the person recovering. Nothing contained herein shall create any new legal theory, cause of action, or legal defense.

[6-801, added 1971, ch. 186, sec. 1, p. 862; am. 1987, ch. 278, sec. 2, p. 577.]

§ 6-802 Verdict giving percentage of negligence or comparative responsibility attributable to each party

The court may, and when requested by any party shall, direct the jury to find separate special verdicts determining the amount of damages and the percentage of negligence or comparative responsibility attributable to each party; and the court shall then reduce the amount of such damages in proportion to the amount of negligence or comparative responsibility attributable to the person recovering. Nothing contained herein shall create any new legal theory, cause of action, or legal defense.

[6-802, added 1971, ch. 186, sec. 2, p. 862; am. 1987, ch. 278, sec. 3, p. 577.]

§ 6-803 Contribution among joint tortfeasors — Declaration of right — Exception — Limited joint and several liability

(1) The right of contribution exists among joint tortfeasors, but a joint tortfeasor is not entitled to a money judgment for contribution until he has by payment discharged the common liability or has paid more than his pro rata share thereof.

(2) A joint tortfeasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tortfeasor whose liability to the injured person is not extinguished by the settlement.

(3) The common law doctrine of joint and several liability is hereby limited to causes of action listed in subsection (5) of this section. In any action in which the trier of fact attributes the percentage of negligence or comparative responsibility to persons listed on a special verdict, the court shall enter a separate judgment against each party whose negligence or comparative responsibility exceeds the negligence or comparative responsibility attributed to the person recovering. The negligence or comparative responsibility of each such party is to be compared individually to the negligence or comparative responsibility of the person recovering. Judgment against each such party shall be entered in an amount equal to each party’s proportionate share of the total damages awarded.

(4) As used herein, "joint tortfeasor" means one (1) of two (2) or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them.

(5) A party shall be jointly and severally liable for the fault of another person or entity or for payment of the proportionate share of another party where they were acting in concert or when a person was acting as an agent or servant of another party. As used in this section, "acting in concert" means pursuing a common plan or design which results in the commission of an intentional or reckless tortious act.

[6-803, added 1971, ch. 186, sec. 3, p. 862; am. 1987, ch. 278, sec. 4, p. 578; am. 1990, ch. 120, sec. 1, p. 290; am. 2003, ch. 122, sec. 1, p. 370.]

§ 6-804 Common law liabilities preserved

Nothing in this act affects:

(1) The common law liability of the several joint tortfeasors to have judgment recovered and payment made from them individually by the injured person for the whole injury shall be limited to causes of action listed in section 6-803, Idaho Code. However, the recovery of a judgment by the injured person against one (1) joint tortfeasor does not discharge the other joint tortfeasors.

(2) Any right of indemnity under existing law.

[6-804, added 1971, ch. 186, sec. 4, p. 862; am. 1987, ch. 278, sec. 5, p. 578.]

§ 6-805 Effect of release of one tortfeasor on liability of others

(1) A release by the injured person of one (1) joint tortfeasor, whether before or after judgment, does not discharge the other tortfeasors unless the release so provides, but, unless otherwise provided in subsection (2) of this section, reduces the claim against the other tortfeasors in the amount of the consideration paid for the release, or in any amount or proportion by which the release provides that the total claim shall be reduced, if such amount or proportion is greater than the consideration paid.

(2) A release by the injured person of one (1) or more tortfeasors who are not jointly and severally liable to the injured person, whether before or after judgment, does not discharge another tortfeasor or reduce the claim against another tortfeasor unless the release so provides and the negligence or comparative responsibility of the tortfeasor receiving the release is presented to and considered by the finder of fact, whether or not the finder of fact apportions responsibility to the tortfeasor receiving the release.

[6-805, added 1971, ch. 186, sec. 5, p. 862; am. 1991, ch. 249, sec. 1, p. 617.]

§ 6-806 Effect of release of one tortfeasor on his liability for contribution to others — Limits on application of section

A release by the injured person of one (1) joint tortfeasor does not relieve him from liability to make contribution to another joint tortfeasor unless the release is given before the right of the other tortfeasor to secure a money judgment for contribution has accrued, and provides for a reduction, to the extent of the pro rata share of the released tortfeasor, of the injured person’s damages recoverable against all the other tortfeasors. This section shall apply only if the issue of proportionate fault is litigated between joint tortfeasors in the same action.

[6-806, added 1971, ch. 186, sec. 6, p. 862.]

§ 6-807 Limitation on the recovery of damages — Reducing or increasing an award

(1) In all civil actions in which there has been an award of damages as herein defined, the trial judge may, in his discretion, and after considering all of the evidence, alter such portion of the award representing damages if the amount awarded; (a) is unsupported or unjustified by the clear weight of the evidence; or (b) is so unreasonably disproportionate to the loss or damage suffered or to be suffered as to be unconscionable or so as to shock the conscience of the court; or (c) is the product of a legal error or mistake during the presentation of the evidence or submission of the case to the trier of fact; or (d) is demonstrated to be more likely than not the product of passion or prejudice on the part of the trier of fact.

(2) If the court finds that the award of damages is unreasonably great or small by reason of any one or more of the factors set forth above, then the district court may exercise its discretion to reduce or increase such award in order to make the same consistent with the losses as shown by the evidence. In the event that the court shall enter any such order, it shall make detailed findings of fact and conclusions of law explaining the reason for its action, the amount of any increase or reduction, and the basis therefore.

[6-807, added 1987, ch. 278, sec. 6, p. 579; am. 1992, ch. 86, sec. 1, p. 270.]

§ 6-808 Civil immunity for self-defense

(1) A person who uses force as justified in section 18-4009, Idaho Code, or as otherwise permitted in sections 19-201 through 19-205, Idaho Code, is immune from any civil liability for the use of such force except when the person knew or reasonably should have known that the person against whom the force was used was a law enforcement officer acting in the capacity of his or her official duties.

(2) The court shall award reasonable attorney’s fees and costs incurred by the defendant in any civil action if the court finds that the defendant is immune from such action pursuant to this section.

(3) As used in this section, "law enforcement officer" means any court personnel, sheriff, constable, peace officer, state police officer, correctional officer, probation or parole official, prosecuting attorney, city attorney, attorney general, or their employees or agents, or any other person charged with the duty of enforcement of the criminal, traffic or penal laws of this state or any other law enforcement personnel or peace officer as defined in chapter 51, title 19, Idaho Code.

[6-808, added 2006, ch. 453, sec. 1, p. 1345.]

Chapter 9 Tort Claims Against Governmental Entities

§ 6-901 Short title

This act shall be known and may be cited as the "Idaho tort claims act."

[6-901, added 1971, ch. 150, sec. 1, p. 743.]

§ 6-902 Definitions

As used in this act:

"State" means the state of Idaho or any office, department, agency, authority, commission, board, institution, hospital, college, university or other instrumentality thereof.
"Political subdivision" means any county, city, municipal corporation, health district, school district, irrigation district, an operating agent of irrigation districts whose board consists of directors of its member districts, special improvement or taxing district, or any other political subdivision or public corporation. As used in this act, the terms "county" and "city" also mean state licensed hospitals and attached nursing homes established by counties pursuant to chapter 36, title 31, Idaho Code, or jointly by cities and counties pursuant to chapter 37, title 31, Idaho Code.
"Governmental entity" means and includes the state and political subdivisions as herein defined.
"Employee" means an officer, board member, commissioner, executive, employee, or servant of a governmental entity, including elected or appointed officials, and persons acting on behalf of the governmental entity in any official capacity, temporarily or permanently in the service of the governmental entity, whether with or without compensation, but the term employee shall not mean a person or other legal entity while acting in the capacity of an independent contractor under contract to the governmental entity to which this act applies in the event of a claim.
"Bodily injury" means any bodily injury, sickness, disease or death sustained by any person and caused by an occurrence.
"Property damage" means injury or destruction to tangible property caused by an occurrence.
"Claim" means any written demand to recover money damages from a governmental entity or its employee which any person is legally entitled to recover under this act as compensation for the negligent or otherwise wrongful act or omission of a governmental entity or its employee when acting within the course or scope of his employment.

[6-902, added 1971, ch. 150, sec. 2, p. 743; am. 1976, ch. 309, sec. 2, p. 1063; am. 1978, ch. 372, sec. 1, p. 977; am. 1982, ch. 132, sec. 1, p. 379; am. 1986, ch. 214, sec. 2, p. 548; am. 1996, ch. 192, sec. 1, p. 601; am. 2005, ch. 260, sec. 1, p. 803.]

§ 6-902A Supervisory physician

(1) For purposes of this chapter only, a supervisory physician shall be considered an employee.

(2) As used in this section:

(a) "Supervisory duties" means those administrative duties of a physician who supervises personnel affiliated with a licensed ambulance or nontransport service, including but not limited to disciplining and educating personnel, setting staffing levels, emergency medical services system design, establishing patient care guidelines and medical policies, compliance, establishing standing orders and protocols, reviewing performance of personnel, quality management and other reasonably necessary administrative duties.

(b) "Supervisory physician" means a physician licensed pursuant to chapter 18, title 54, Idaho Code, who supervises the activities of personnel affiliated with a licensed ambulance or nontransport service as described in chapter 9, title 46, Idaho Code, when the licensed ambulance or nontransport service is operated under the control of a governmental authority.

(3) The exceptions to liability set forth in sections 6-904, 6-904A and 6-904B, Idaho Code, shall not be applicable to a claim against a supervisory physician for failure to properly perform supervisory duties. The liability limit contained in section 6-926, Idaho Code, shall not be applicable to a claim against a supervisory physician for failure to properly perform supervisory duties to the extent that such supervisory physician is covered by liability insurance exceeding that limit.

(4) Claims against a supervisory physician for failure to properly perform supervisory duties shall not be subject to the requirements of chapter 10, title 6, Idaho Code.

[6-902A, added 2007, ch. 103, sec. 1, p. 308; am. 2025, ch. 94, sec. 18, p. 460.]

§ 6-903 Liability of governmental entities — Defense of employees

(1) Except as otherwise provided in this act, every governmental entity is subject to liability for money damages arising out of its negligent or otherwise wrongful acts or omissions and those of its employees acting within the course and scope of their employment or duties, whether arising out of a governmental or proprietary function, where the governmental entity if a private person or entity would be liable for money damages under the laws of the state of Idaho, provided that the governmental entity is subject to liability only for the pro rata share of the total damages awarded in favor of a claimant which is attributable to the negligent or otherwise wrongful acts or omissions of the governmental entity or its employees. When the claim for damages arises from construction, operation or maintenance of an impoundment, canal, lateral, drain or associated facilities that are under the supervision or control of the operating agency of irrigation districts whose board consists of directors of its member districts, then such board and its member districts shall be considered a single governmental unit and the claim may be brought and pursued only against the operating unit.

(2) (i) A governmental entity shall provide a defense to its employee, including a defense and indemnification against any claims brought against the employee in the employee’s individual capacity when the claims are related to the course and scope of employment, and be responsible for the payment of any judgment on any claim or civil lawsuit against an employee for money damages arising out of any act or omission within the course and scope of his employment; provided that the governmental entity and its employee shall be subject to liability only for the pro rata share of the total damages awarded in favor of a claimant which is attributable to the act or omission of the employee; (ii) provided further, that to the extent there is valid and collectible, applicable insurance or any other right to defense or indemnification legally available to and for the protection of an employee, while operating or using an automobile, aircraft or other vehicle not owned or leased by the governmental entity and while acting within the course and scope of his/her employment or duties, the governmental entity’s duty hereunder to indemnify the employee and/or defend any such claim or lawsuit arising out of the operation or use of such personal automobile, aircraft or vehicle, shall be secondary to the obligation of the insurer or indemnitor of such automobile, aircraft or vehicle, whose obligation shall be primary; and (iii) provided further, this subsection shall not be construed to alter or relieve any such indemnitor or insurer of any legal obligation to such employee or to any governmental entity vicariously liable on account of or legally responsible for damages due to the allegedly wrongful error, omissions, conduct, act or deed of such employee.

(3) The defense of its employee by the governmental entity shall be undertaken whether the claim and civil lawsuit is brought in Idaho district court under Idaho law or is brought in a United States court under federal law. The governmental entity may refuse a defense or disavow and refuse to pay any judgment for its employee if it is determined that the act or omission of the employee was not within the course and scope of his employment or included malice or criminal intent.

(4) A governmental entity shall not be entitled to contribution or indemnification or reimbursement for legal fees and expenses from its employee unless a court shall find that the act or omission of the employee was outside the course and scope of his employment or included malice or criminal intent. Any action by a governmental entity against its employee and any action by an employee against the governmental entity for contribution, indemnification or necessary legal fees and expenses shall be tried to the court in the same civil lawsuit brought on the claim against the governmental entity or its employee.

(5) For the purposes of this act and not otherwise, it shall be a rebuttable presumption that any act or omission of an employee within the time and at the place of his employment is within the course and scope of his employment and without malice or criminal intent.

(6) Nothing in this act shall enlarge or otherwise adversely affect the liability of an employee or a governmental entity. Any immunity or other bar to a civil lawsuit under Idaho or federal law shall remain in effect. The fact that a governmental entity may relieve an employee from all necessary legal fees and expenses and any judgment arising from the civil lawsuit shall not under any circumstances be communicated to the trier of fact in the civil lawsuit.

(7) When a claim asserted against an employee in the employee’s individual capacity is dismissed by the court, the dismissed party shall have the right to a hearing pursuant to the provisions of section 12-123, Idaho Code.

[6-903, added 1976, ch. 309, sec. 4, p. 1064; am. 1978, ch. 272, sec. 2, p. 630; am. 1980, ch. 218, sec. 1, p. 490; am. 1984, ch. 140, sec. 1, p. 329; am. 2005, ch. 260, sec. 2, p. 804; am. 2011, ch. 197, sec. 1, p. 578.]

§ 6-904 Exceptions to governmental liability

A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent shall not be liable for any claim which:

Arises out of any act or omission of an employee of the governmental entity exercising ordinary care, in reliance upon or the execution or performance of a statutory or regulatory function, whether or not the statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a governmental entity or employee thereof, whether or not the discretion be abused.
Arises out of the imposition or establishment of a quarantine by a governmental entity, whether such quarantine relates to persons or property.
Arises out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights.
Arises out of the activities of the Idaho national guard when engaged in training or duty under sections 316, 502, 503, 504, 505 or 709, title 32, United States Code.
Arises out of the activities of the Idaho national guard when engaged in combatant activities during a time of war.
Arises out of or results from riots, unlawful assemblies, public demonstrations, mob violence or civil disturbances.
Arises out of a plan or design for construction or improvement to the highways, roads, streets, bridges, or other public property where such plan or design is prepared in substantial conformance with engineering or design standards in effect at the time of preparation of the plan or design or approved in advance of the construction by the legislative body of the governmental entity or by some other body or administrative agency, exercising discretion by authority to give such approval.

[6-904, added 1971, ch. 150, sec. 4, p. 743; am. 1974, ch. 167, sec. 1, p. 1423; am. 1978, ch. 272, sec. 3, p. 632; am. 1987, ch. 106, sec. 1, p. 218; am. 1987, ch. 361, sec. 4, p. 799; am. 1988, ch. 324, sec. 1, p. 983.]

§ 6-904A Exceptions to governmental liability

A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent and without reckless, willful and wanton conduct as defined in section 6-904C, Idaho Code, shall not be liable for any claim which:

Arises out of the assessment or collection of any tax or fee.
Arises out of injury to a person or property by a person under supervision, custody or care of a governmental entity or by or to a person who is on probation, or parole, or who is being supervised as part of a court imposed drug court program, or any work-release program, or by or to a person receiving services from a mental health center, hospital or similar facility.

[6-904A, added 1988, ch. 324, sec. 2, p. 984; am. 2004, ch. 227, sec. 1, p. 670.]

§ 6-904B Exceptions to governmental liability

A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent and without gross negligence or reckless, willful and wanton conduct as defined in section 6-904C, Idaho Code, shall not be liable for any claim which:

Arises out of the detention of any goods or merchandise by any law enforcement officer.
Arises out of the cancellation or rescission, or the failure to cancel or rescind, any motor vehicle registration and license plates for failure of the owner to verify or maintain motor vehicle liability insurance coverage.
Arises out of the issuance, denial, suspension or revocation of, or failure or refusal to issue, deny, suspend, or revoke a permit, license, certificate, approval, order or similar authorization.
Arises out of the failure to make an inspection, or the making of an inadequate inspection of any property, real or personal, other than the property of the governmental entity performing the inspection.
Arises out of any act or omission providing or failing to provide medical care to a prisoner or person in the custody of any city, county or state jail, detention center or correctional facility.
Arises out of a decision of the state commission of pardons and parole or its executive director when carrying out the business of the commission.
Arises out of a decision, act or omission of a city, county, the Idaho board of correction or Idaho department of correction when carrying out duties and responsibilities as set forth in chapter 8, title 20, Idaho Code.
Arises out of the operation of a sport shooting range as defined in section 6-2701, Idaho Code.

[6-904B, added 1988, ch. 324, sec. 3, p. 984; am. 1998, ch. 327, sec. 3, p. 1057; am. 2001, ch. 335, sec. 10, p. 1191; am. 2009, ch. 195, sec. 2, p. 630.]

§ 6-904C Definitions

For the purposes of this chapter, and this chapter only, the following words and phrases shall be defined as follows:

"Gross negligence" is the doing or failing to do an act which a reasonable person in a similar situation and of similar responsibility would, with a minimum of contemplation, be inescapably drawn to recognize his or her duty to do or not do such act and that failing that duty shows deliberate indifference to the harmful consequences to others.
"Reckless, willful and wanton conduct" is present only when a person intentionally and knowingly does or fails to do an act creating unreasonable risk of harm to another, and which involves a high degree of probability that such harm will result.

[6-904C, added 1988, ch. 324, sec. 4, p. 985.]

§ 6-905 Filing claims against state or employee — Time

All claims against the state arising under the provisions of this act and all claims against an employee of the state for any act or omission of the employee within the course or scope of his employment shall be presented to and filed with the secretary of state within one hundred eighty (180) days from the date the claim arose or reasonably should have been discovered, whichever is later.

[6-905, added 1971, ch. 150, sec. 5, p. 743; am. 1976, ch. 309, sec. 5, p. 1065; am. 1985, ch. 136, sec. 1, p. 373.]

§ 6-906 Filing claims against political subdivision or employee — Time

All claims against a political subdivison arising under the provisions of this act and all claims against an employee of a political subdivision for any act or omission of the employee within the course or scope of his employment shall be presented to and filed with the clerk or secretary of the political subdivision within one hundred eighty (180) days from the date the claim arose or reasonably should have been discovered, whichever is later.

[6-906, added 1971, ch. 150, sec. 6, p. 743; am. 1976, ch. 309, sec. 6, p. 1065; am. 1985, ch. 136, sec. 2, p. 373.]

§ 6-906A Time for filing claims by minors

(1) Except as provided in subsection (2) of this section, no person who is a minor shall be required to present and file a claim against a governmental entity or its employee under this chapter until one hundred eighty (180) days after said person reaches the age of majority or six (6) years from the date the claim arose or should reasonably have been discovered, whichever is earlier.

(2) For any claim filed by or on behalf of a minor against a governmental entity or its employee in a child abuse case, as described in section 6-1701, Idaho Code, such claim shall be filed in accordance with the provisions of section 6-1704, Idaho Code.

[6-906A, added 1985, ch. 77, sec. 1, p. 151; am. 1994, ch. 349, sec. 1, p. 1110; am. 2023, ch. 178, sec. 1, p. 481.]

§ 6-907 Contents of claims — Filing by agent or attorney — Effect of inaccuracies

All claims presented to and filed with a governmental entity shall accurately describe the conduct and circumstances which brought about the injury or damage, describe the injury or damage, state the time and place the injury or damage occurred, state the names of all persons involved, if known, and shall contain the amount of damages claimed, together with a statement of the actual residence of the claimant at the time of presenting and filing the claim and for a period of six (6) months immediately prior to the time the claim arose. If the claimant is incapacitated from presenting and filing his claim within the time prescribed or if the claimant is a minor or if the claimant is a nonresident of the state and is absent during the time within which his claim is required to be filed, the claim may be presented and filed on behalf of the claimant by any relative, attorney or agent representing the claimant. A claim filed under the provisions of this section shall not be held invalid or insufficient by reason of an inaccuracy in stating the time, place, nature or cause of the claim, or otherwise, unless it is shown that the governmental entity was in fact misled to its injury thereby.

[6-907, added 1971, ch. 150, sec. 7, p. 743.]

§ 6-908 Restriction on allowance of claims

No claim or action shall be allowed against a governmental entity or its employee unless the claim has been presented and filed within the time limits prescribed by this act.

[6-908, added 1971, ch. 150, sec. 8, p. 743; am. 1976, ch. 309, sec. 7, p. 1065.]

§ 6-909 Time for allowance or denial of claims — Effect of failure to act

Within ninety (90) days after the filing of the claim against the governmental entity or its employee, the governmental entity shall act thereon and notify the claimant in writing of its approval or denial. A claim shall be deemed to have been denied if at the end of the ninety (90) day period the governmental entity has failed to approve or deny the claim.

[6-909, added 1971, ch. 150, sec. 9, p. 743; am. 1976, ch. 309, sec. 8, p. 1066; am. 1978, ch. 272, sec. 4, p. 633.]

§ 6-910 Suit on denied claims permitted

If the claim is denied, a claimant may institute an action in the district court against the governmental entity or its employee in those circumstances where an action is permitted by this act.

[6-910, added 1971, ch. 150, sec. 10, p. 743; am. 1976, ch. 309, sec. 9, p. 1066.]

§ 6-911 Limitation of actions

Every claim against a governmental entity permitted under the provisions of this act or against an employee of a governmental entity shall be forever barred, unless an action is begun within two (2) years after the date the claim arose or reasonably should have been discovered, whichever is later.

[6-911, added 1971, ch. 150, sec. 11, p. 743; am. 1976, ch. 309, sec. 10, p. 1066; am. 1985, ch. 136, sec. 3, p. 373.]

§ 6-912 Compromise and settlement by governing body

The governing body of each political subdivision, after conferring with its legal officer or counsel, may compromise and settle any claim allowed by this act, subject to the terms of the insurance, if any.

[6-912, added 1971, ch. 150, sec. 12, p. 743.]

§ 6-913 Compromise and settlement by board of examiners

The board of examiners may compromise and settle any claim allowed by this act, subject to the terms of the insurance, if any.

[6-913, added 1971, ch. 150, sec. 13, p. 743.]

§ 6-914 Jurisdiction — Rules of procedure

The district court shall have jurisdiction over any action brought under this act and such actions shall be governed by the Idaho rules of civil procedure insofar as they are consistent with this act.

[6-914, added 1971, ch. 150, sec. 14, p. 743.]

§ 6-915 Venue

Actions against the state or its employee shall be brought in the county in which the cause of action arose or in Ada County. In addition, a resident of the state of Idaho may bring an action in the county of his residence.

Actions against a political subdivision or its employee shall be brought in the county in which the cause of action arose or in any county where the political subdivision is located.

[6-915, added 1971, ch. 150, sec. 15, p. 743; am. 1976, ch. 309, sec. 11, p. 1066.]

§ 6-916 Service of summons

In all actions under this act against the state or its employee the summons and complaint shall be served on the secretary of state with a copy to the attorney general. This section shall not be construed to release the party making service of process from serving any named defendant other than the governmental entity in compliance with other applicable statutes or rules of civil proceeding.

In all actions under this act against any employee wherein it is alleged that such employee was acting within the course and scope of his employment, a copy of the summons and complaint shall be served upon the governmental entity which is his employer.

[6-916, added 1971, ch. 150, sec. 16, p. 743; am. 1976, ch. 309, sec. 12, p. 1067; am. 1978, ch. 272, sec. 5, p. 633.]

§ 6-917 Recovery against governmental entity bar to action against employee

Recovery against a governmental entity under the provisions of this act shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee whose negligence or wrongful act or omission gave rise to the claim.

[6-917, added 1971, ch. 150, sec. 17, p. 743.]

§ 6-918 No punitive damages

Governmental entities and their employees shall not be liable for punitive damages on any claim allowed under the provisions of this act.

[6-918, added 1971, ch. 150, sec. 18, p. 743; am. 1976, ch. 309, sec. 13, p. 1067.]

§ 6-918A Attorneys’ fees

At the time and in the manner provided for fixing costs in civil actions, and at the discretion of the trial court, appropriate and reasonable attorney fees may be awarded to the claimant, the governmental entity or the employee of such governmental entity, as costs, in actions under this act, upon petition therefor and a showing, by clear and convincing evidence, that the party against whom or which such award is sought was guilty of bad faith in the commencement, conduct, maintenance or defense of the action. In no case shall such attorney fee award or any combination or total of such awards, together with other costs and money judgment or judgments for damages exceed, in the aggregate, the limitations on liability fixed by section 6-926, Idaho Code. The right to recover attorney fees in legal actions for money damages that come within the purview of this act shall be governed exclusively by the provisions of this act and not by any other statute or rule of court, except as may be hereafter expressly and specifically provided or authorized by duly enacted statute of the state of Idaho.

[6-918A, added 1978, ch. 272, sec. 6, p. 633.]

§ 6-919 Liability insurance for state — Comprehensive plan by division of insurance management

The administrator of the division of insurance management in the department of administration shall provide a comprehensive liability plan which will cover and protect the state and its employees from claims and civil lawsuits. He shall be responsible for the acquisition and administration of all liability insurance of the state or for the use of the retained risk account provided in section 67-5776, Idaho Code, to meet the obligations of the comprehensive liability plan.

The administrator shall, after consultation with the departments, agencies, commissions, and other instrumentalities of the state, provide a comprehensive liability plan for the state providing liability coverage to the state and its employees in amounts not less than the minimum specified in section 6-924, Idaho Code. He shall have the authority to use the retained risk account provided in section 67-5776, Idaho Code, or to purchase, renew, cancel and modify all policies according to the comprehensive liability plan.

[6-919, added 1971, ch. 150, sec. 19, p. 743; am. 1974, ch. 34, sec. 9, p. 988; am. 1974, ch. 252, sec. 7, p. 1674; am. 1976, ch. 310, sec. 1, p. 1069; am. 1980, ch. 106, sec. 1, p. 231.]

§ 6-920 Liability insurance for state procured by division of insurance management

No state agency or institution other than the administrator of the division of insurance management in the department of administration may procure liability insurance under this act. All state agencies and institutions shall comply with this act and the comprehensive liability plan developed by the administrator of the division.

[6-920, added 1971, ch. 150, sec. 20, p. 743; am. 1974, ch. 34, sec. 10, p. 988; am. 1974, ch. 252, sec. 8, p. 1674; am. 1976, ch. 310, sec. 2, p. 1070; am. 1980, ch. 106, sec. 2, p. 232.]

§ 6-921 Apportionment of cost of state plan

The administrator of the division of insurance management in the department of administration shall apportion the cost of the comprehensive liability plan under this act to the individual agencies and institutions and the costs shall be paid to the departments.

[6-921, added 1971, ch. 150, sec. 21, p. 743; am. 1974, ch. 34, sec. 11, p. 988; am. 1974, ch. 252, sec. 9, p. 1674; am. 1976, ch. 310, sec. 3, p. 1070; am. 1980, ch. 106, sec. 3, p. 232.]

§ 6-922 Payment by state of claims or judgments when no insurance

In the event no insurance has been procured by the state to pay a claim or judgment arising under the provisions of this act, the claim or judgment shall be paid from the next appropriation of the state instrumentality whose tortious conduct gave rise to the claim.

[6-922, added 1971, ch. 150, sec. 22, p. 743.]

§ 6-923 Authority of political subdivisions to purchase insurance

All political subdivisions of the state shall have the authority to purchase the necessary liability insurance for themselves and their employees.

[6-923, added 1971, ch. 150, sec. 23, p. 743; am. 1976, ch. 310, sec. 4, p. 1070.]

§ 6-924 Policy limits — Minimum requirements

Every policy or contract of insurance or comprehensive liability plan of a governmental entity as permitted under the provisions of this chapter shall provide that the insurance carrier pay on behalf of the insured governmental entity or its employee to a limit of not less than five hundred thousand dollars ($500,000) for bodily or personal injury, death, or property damage or loss as the result of any one (1) occurrence or accident, regardless of the number of persons injured or the number of claimants.

[6-924, added 1971, ch. 150, sec. 24, p. 743; am. 1976, ch. 309, sec. 14, p. 1067; am. 1976, ch. 310, sec. 5, p. 1070; am. 1984, ch. 96, sec. 1, p. 221.]

§ 6-925 Policy terms not complying with act — Construction — Exception

Any insurance policy, rider or indorsement hereafter issued and purchased to insure against any risk which may arise as a result of the application of this act, which contains any condition or provision not in compliance with the requirements of the act, shall not be rendered invalid thereby, but shall be construed and applied in accordance with such conditions and provisions as would have applied had such policy, rider or indorsement been in full compliance with this act, provided the policy is otherwise valid. The section shall not be construed to prohibit any such insurance policy, rider or indorsements from containing standard and customary exclusions of coverages which the insurance commissioner deems to be reasonable and prudent upon considering the availability and the cost of such insurance coverages.

[6-925, added 1971, ch. 150, sec. 25, p. 743.]

§ 6-926 Judgment or claims in excess of comprehensive liability plan — Reduction by court — Limits of liability

(1) The combined, aggregate liability of a governmental entity and its employees for damages, costs and attorney’s fees under this chapter, on account of bodily or personal injury, death or property damage, or other loss as the result of any one (1) occurrence or accident regardless of the number of persons injured or the number of claimants, shall not exceed and is limited to five hundred thousand dollars ($500,000), unless the governmental entity has purchased applicable, valid, collectible liability insurance coverage in excess of said limit, in which event the controlling limit shall be the remaining available proceeds of such insurance. For claims arising from construction, operation or maintenance of impoundments, canals, laterals, drains or associated facilities that are under the supervision or control of the operating agency of irrigation districts whose board consists of directors of its member districts, the combined aggregate limit of liability for the operating agency, its member irrigation districts and their respective employees shall be the combined aggregate limit of a single governmental entity under this section. If any judgment or judgments, including costs and attorney’s fees that may be awarded, are returned or entered, and in the aggregate total more than five hundred thousand dollars ($500,000), or the limits provided by said valid, collectible liability insurance, if any, whether in one (1) or more cases, the court shall reduce the amount of the award or awards, verdict or verdicts, or judgment or judgments in any case or cases within its jurisdiction so as to reduce said aggregate loss to said applicable statutory limit or to the limit or limits provided by said valid, collectible insurance, if any, whichever is greater.

(2) Limits of liability specified in this section shall not be increased or altered by the fact that a decedent, on account of whose death a wrongful death claim is asserted hereunder, left surviving him or her more than one (1) person entitled to make claim therefor, nor shall the aggregate recovery exceed the single limit provided for injury or death to any one (1) person in those cases in which there is both an injury claim and a death claim arising out of the injury to one (1) person, the intent of this section being to limit such liabilities and recoveries in the aggregate to one (1) limit only.

(3) The entire exposure of the entity and its employee or employees hereunder shall not be enlarged by the number of liable employees or the theory of concurrent or consecutive torts or tort feasors or of a sequence of accidents or incidents if the injury or injuries or their consequences stem from one (1) occurrence or accident.

(4) In no case shall any court enter judgment, or allow any judgment to stand, which results in the limit of liability provided in this section to be exceeded in any manner or respect. If any court has jurisdiction of two (2) or more such claims in litigation in which the adjudication is simultaneous and, in the aggregate, exceeds the limits provided in this section, the reduction shall be pro rata in a proportion consistent with the relative amounts of loss of the claimants before the court; otherwise, the reduction shall be determined and made in view of limits remaining after the prior settlement of any other such claims or the prior satisfaction of any other such judgments, and no consideration shall be given to other such outstanding claims, if any, which have not been settled or satisfied prior thereto.

(5) The court shall reduce any judgment in excess of the limits provided by this act in any matter within its jurisdiction, whether by reason of the adjudication in said proceedings alone or of the total or aggregate of all such awards, judgments, settlements, voluntary payments or other such loss relevant to the limits provided in this section.

[6-926, added 1984, ch. 96, sec. 3, p. 222; am. 2011, ch. 197, sec. 2, p. 579.]

§ 6-927 Tax levy to pay comprehensive liability plan

Notwithstanding any provisions of law to the contrary, all political subdivisions shall have authority to levy an annual property tax in the amount necessary to provide for a comprehensive liability plan whether by the purchase of insurance or otherwise as herein authorized; provided, that the revenues derived therefrom may not be used for any other purpose.

[6-927, added 1971, ch. 150, sec. 27, p. 743; am. 1976, ch. 310, sec. 7, p. 1071; am. 1980, ch. 136, sec. 1, p. 297; am. 1996, ch. 322, sec. 1, p. 1031.]

§ 6-928 Tax levy to pay claim or judgment

Notwithstanding any provisions of law to the contrary and in the event there are no funds available, the political subdivision shall levy and collect a property tax, at the earliest time possible, in an amount necessary to pay a claim or judgment arising under the provisions of this act where the political subdivision has failed to purchase insurance or otherwise provide a comprehensive liability plan to cover a risk created under the provisions of this act.

[6-928, added 1971, ch. 150, sec. 28, p. 743; am. 1976, ch. 310, sec. 8, p. 1072; am. 1980, ch. 136, sec. 2, p. 297; am. 1996, ch. 322, sec. 2, p. 1031.]

§ 6-929 Limitation of liability of volunteer firemen

For the purposes of chapter 9, title 6, Idaho Code, a volunteer fireman is an employee of a governmental entity. A "volunteer fireman" means any person who contributes his services to a volunteer fire department organized pursuant to chapter 14, title 31, Idaho Code, or a county mutual fire insurance company organized pursuant to chapter 31, title 41, Idaho Code, or a volunteer fire association.

[6-929, added 1989, ch. 254, sec. 1, p. 629.]

Chapter 10 Medical Malpractice

§ 6-1001 Hearing panel for prelitigation consideration of medical malpractice claims — Procedure

The Idaho state board of medicine, in alleged malpractice cases involving claims for damages against physicians and surgeons practicing in the state of Idaho or against licensed acute care general hospitals operating in the state of Idaho, is directed to cooperate in providing a hearing panel in the nature of a special civil grand jury and procedure for prelitigation consideration of personal injury and wrongful death claims for damages arising out of the provision of or alleged failure to provide hospital or medical care in the state of Idaho, which proceedings shall be informal and nonbinding, but nonetheless compulsory as a condition precedent to litigation. Proceedings conducted or maintained under the authority of this act shall at all times be subject to disclosure according to chapter 1, title 74, Idaho Code. Formal rules of evidence shall not apply and all such proceedings shall be expeditious and informal.

[6-1001, added 1976, ch. 278, sec. 2, p. 954; am. 1990, ch. 213, sec. 5, p. 491; am. 2015, ch. 141, sec. 2, p. 380.]

§ 6-1002 Appointment and composition of hearing panel

The board of medicine shall provide for and appoint an appropriate panel or panels to accept and hear complaints of such negligence and damages, made by or on behalf of any patient who is an alleged victim of such negligence. Said panels, shall include one (1) person who is licensed to practice medicine in the state of Idaho. In cases involving claims against hospitals, one (1) additional member shall be a then serving administrator of a licensed acute care general hospital in the state of Idaho. One (1) additional member of each such panel shall be appointed by the commissioners of the Idaho state bar, which person shall be a resident lawyer licensed to practice law in the state of Idaho, and shall serve as chairman of the panel. The panelists so appointed shall select by unanimous decision a layman panelist who shall not be a lawyer, doctor or hospital employee but who shall be a responsible adult citizen of Idaho. All panelists shall serve under oath that they are without bias or conflict of interest as respects any matter under consideration.

[6-1002, added 1976, ch. 278, sec. 3, p. 954.]

§ 6-1003 Informal proceedings

There shall be no record of such proceedings and all evidence, documents and exhibits shall, at the close thereof, be returned to the parties or witnesses from whom the same were secured. The hearing panel shall have the authority to issue subpoenas and to administer oaths; provided, the parties requesting the presentation of such proof shall provide the funds required to tender witness fees and mileage as provided in proceedings in district courts. Except upon special order of the panel, and for good cause shown demonstrating extraordinary circumstances, there shall be no discovery or perpetuation of testimony in said proceedings.

[6-1003, added 1976, ch. 278, sec. 4, p. 954.]

§ 6-1004 Advisory decisions of panel

At the close of proceedings the panel, by majority and minority reports or by unanimous report, as the case may be, shall provide the parties its comments and observations with respect to the dispute, indicating whether the matter appears to be frivolous, meritorious or of any other particular description. If the panel is unanimous with respect to an amount of money in damages that in its opinion should fairly be offered or accepted in settlement, it may so advise the parties and affected insurers or third-party payors having subrogation, indemnity or other interest in the matter.

[6-1004, added 1976, ch. 278, sec. 5, p. 954.]

§ 6-1005 Tolling of limitation periods during pendency of proceedings

There shall be no judicial or other review or appeal of such matters. No party shall be obliged to comply with or otherwise affected or prejudiced by the proposals, conclusions or suggestions of the panel or any member or segment thereof; however, in the interest of due consideration being given to such proceedings and in the interest of encouraging consideration of claims informally and without the necessity of litigation, the applicable statute of limitations shall be tolled and not be deemed to run during the time that such a claim is pending before such a panel and for thirty (30) days thereafter.

[6-1005, added 1976, ch. 278, sec. 6, p. 955.]

§ 6-1006 Stay of other court proceedings in interest of hearing before panel

During said thirty (30) day period neither party shall commence or prosecute litigation involving the issues submitted to the panel and the district or other courts having jurisdiction of any pending such claims shall stay proceedings in the interest of the conduct of such proceedings before the panel.

[6-1006, added 1976, ch. 278, sec. 7, p. 955.]

§ 6-1007 Service of claim on accused provider of health care

At the commencement of such proceedings and reasonably in advance of any hearing or testimony, the accused provider of health care in all cases shall be served a true copy of the claim to be processed which claim shall set forth in writing and in general terms, when, where and under what circumstances the health care in question allegedly was improperly provided or withheld and the general and special damages attributed thereto.

[6-1007, added 1976, ch. 278, sec. 8, p. 955.]

§ 6-1008 Confidentiality of proceedings

Neither party shall be entitled, except upon special order of the panel, to attend and participate in the proceedings which shall be subject to disclosure according to chapter 1, title 74, Idaho Code, and closed to public observation at all times, except during the giving of his or her own testimony or presentation of argument of his or her position, whether by counsel or personally; nor shall there be cross-examination, rebuttal or other customary formalities of civil trials and court proceedings. The panel itself may, however, initiate requests for special or supplemental participation, in particular respects and of some or all parties; and communications between the panel and the parties, excepting only the parties’ own testimony on the merits of the dispute, shall be fully disclosed to all other parties.

[6-1008, added 1976, ch. 278, sec. 9, p. 955; am. 1990, ch. 213, sec. 6, p. 491; am. 2015, ch. 141, sec. 3, p. 380.]

§ 6-1009 Representation of parties by counsel

Parties may be represented by counsel in proceedings before such panels, though it shall not be required.

[6-1009, added 1976, ch. 278, sec. 10, p. 956.]

§ 6-1010 Fees for panel members

The Idaho state board of medicine shall provide, by uniform policy of the board, for the payment of fees and expenses of members of panels, such payment to be made from the occupational licenses fund. Panel members shall serve upon the sworn commitment that all related matters shall be subject to disclosure according to chapter 1, title 74, Idaho Code, and privileged.

[6-1010, added 1976, ch. 278, sec. 11, p. 956; am. 1979, ch. 177, sec. 1, p. 529; am. 1990, ch. 213, sec. 7, p. 492; am. 2015, ch. 141, sec. 4, p. 380; am. 2021, ch. 224, sec. 25, p. 669.]

§ 6-1011 Limit on duration of proceedings — Panel’s jurisdiction

There shall be no repeat or reopening of panel proceedings. In no case shall a panel retain jurisdiction of any such claim in excess of ninety (90) days from date of commencement of proceedings. If at the end of such ninety (90) day period the panel is unable to decide the issues before it, it shall summarily conclude the proceedings and the members may informally, by written communication, express to the parties their joint and several impressions and conclusions, if any, albeit the same may be tentative or based upon admittedly incomplete consideration; provided, by written agreement of all parties the jurisdiction of the panel, if it concurs therein, may be extended and the proceeding carried on for additional periods of thirty (30) days.

[6-1011, added 1976, ch. 278, sec. 12, p. 956]

§ 6-1012 Proof of community standard of health care practice in malpractice case

In any case, claim or action for damages due to injury to or death of any person, brought against any physician and surgeon or other provider of health care, including, without limitation, any dentist, physicians’ assistant, nurse practitioner, registered nurse, licensed practical nurse, nurse anesthetist, medical technologist, physical therapist, hospital or nursing home, or any person vicariously liable for the negligence of them or any of them, on account of the provision of or failure to provide health care or on account of any matter incidental or related thereto, such claimant or plaintiff must, as an essential part of his or her case in chief, affirmatively prove by direct expert testimony and by a preponderance of all the competent evidence, that such defendant then and there negligently failed to meet the applicable standard of health care practice of the community in which such care allegedly was or should have been provided, as such standard existed at the time and place of the alleged negligence of such physician and surgeon, hospital or other such health care provider and as such standard then and there existed with respect to the class of health care provider that such defendant then and there belonged to and in which capacity he, she or it was functioning. Such individual providers of health care shall be judged in such cases in comparison with similarly trained and qualified providers of the same class in the same community, taking into account his or her training, experience, and fields of medical specialization, if any. If there be no other like provider in the community and the standard of practice is therefore indeterminable, evidence of such standard in similar Idaho communities at said time may be considered. As used in this act, the term "community" refers to that geographical area ordinarily served by the licensed general hospital at or nearest to which such care was or allegedly should have been provided.

[6-1012, added 1976, ch. 277, sec. 2, p. 951.]

§ 6-1013 Testimony of expert witness on community standard

The applicable standard of practice and such a defendant’s failure to meet said standard must be established in such cases by such a plaintiff by testimony of one (1) or more knowledgeable, competent expert witnesses, and such expert testimony may only be admitted in evidence if the foundation therefor is first laid, establishing (a) that such an opinion is actually held by the expert witness, (b) that the said opinion can be testified to with reasonable medical certainty, and (c) that such expert witness possesses professional knowledge and expertise coupled with actual knowledge of the applicable said community standard to which his or her expert opinion testimony is addressed; provided, this section shall not be construed to prohibit or otherwise preclude a competent expert witness who resides elsewhere from adequately familiarizing himself with the standards and practices of (a particular) such area and thereafter giving opinion testimony in such a trial.

[6-1013, added 1976, ch. 277, sec. 3, p. 952.]

§ 6-1014 Patient Protection And Affordable Care Act and other metrics not used to establish community standard

(1) In determining whether a health care practitioner has met a standard of care under this chapter or under any other Idaho statute, no criteria, guideline, standard or other metric established or imposed by the patient protection and affordable care act (PPACA), P.L. 111-148, established or imposed by or pursuant to any other law or regulation of the United States or any entity or agency thereof and used for the purpose of determining reimbursement or a rate of reimbursement for the care provided, or established or imposed by another state or by a third party payor, shall be used as a basis for establishing an applicable community standard of care. The fact that a health care practitioner has met or failed to meet any such criteria, guideline, standard or other metric shall not be admissible or considered by a finder of fact in any proceeding or other action concerning a determination of liability of a health care practitioner to a patient or other party seeking damages on account of an injury to a patient or in any proceeding or other action of a state licensing or regulatory authority imposing professional discipline for failure of a health care practitioner to meet the applicable standard of care.

(2) Notwithstanding the provisions of subsection (1) of this section, nothing in this section shall prevent the consideration of facts that establish compliance or lack of compliance with a community standard of care, so long as the facts considered do not include reference to any criteria, guideline, standard or other metric imposed by the PPACA, established or imposed by or pursuant to any other law or regulation of the United States or any entity or agency thereof and used for the purpose of determining reimbursement or a rate of reimbursement for the care provided, or established or imposed by another state or by a third party payor.

(3) For the purposes of this section, the following definitions shall apply:

(a) "Health care practitioner" means a person licensed, registered or otherwise authorized under title 54, Idaho Code, to provide services relating to the prevention, cure or treatment of illness, injury or disease.

(b) "Third party payor" means any entity subject to the jurisdiction of the department of insurance under title 41, Idaho Code, and also includes any federal, state or local government entity and its contractors making payments or administering any plan or program paying for health care services.

[6-1014, added 2014, ch. 346, sec. 1, p. 867.]

Chapter 11 Responsibilities and Liabilities of Skiers and Ski Area Operators

§ 6-1101 Legislative purpose

The legislature finds that the sport of skiing is practiced by a large number of citizens of this state and also attracts a large number of nonresidents, significantly contributing to the economy of Idaho. Since it is recognized that there are inherent risks in the sport of skiing which should be understood by each skier and which are essentially impossible to eliminate by the ski area operation, it is the purpose of this chapter to define those areas of responsibility and affirmative acts for which ski area operators shall be liable for loss, damage or injury, and to define those risks which the skier expressly assumes and for which there can be no recovery.

[6-1101, added 1979, ch. 270, sec. 1, p. 701.]

§ 6-1102 Definitions

The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section.

(1) "Aerial passenger tramway" means any device operated by a ski area operator used to transport passengers, by single or double reversible tramway; chair lift or gondola lift; T-bar lift, J-bar lift, platter lift or similar device; a fiber rope or wire rope tow or a conveyor, which is subject to regulations adopted by the proper authority.

(2) "Passenger" means any person who is lawfully using an aerial passenger tramway, or is waiting to embark or has recently disembarked from an aerial passenger tramway and is in its immediate vicinity.

(3) "Ski area" means the property owned or leased and under the control of the ski area operator within the state of Idaho.

(4) "Ski area operator" means any person, partnership, corporation or other commercial entity and their agents, officers, employees or representatives, who has operational responsibility for any ski area or aerial passenger tramway.

(5) "Skiing area" means all designated slopes and trails but excludes any aerial passenger tramway.

(6) "Skier" means any person present at a skiing area under the control of a ski area operator for the purpose of engaging in activities including, but not limited to, sliding downhill or jumping on snow or ice on skis, a snowboard, or any other sliding device, or who is using any ski area including, but not limited to, ski slopes, trails and freestyle terrain but does not include the use of an aerial passenger tramway.

(7) "Ski slopes and trails" mean those areas designated by the ski area operator to be used by skiers for the purpose of participating in the sport of skiing.

(8) "Freestyle terrain" means terrain parks and terrain features including, but not limited to, jumps, hits, ramps, banks, fun boxes, jibs, rails, half-pipes, quarter pipes and any other natural or constructed features.

[6-1102, added 1979, ch. 270, sec. 1, p. 701; am. 2014, ch. 187, sec. 1, p. 497.]

§ 6-1103 Duties of ski area operators with respect to ski areas

Every ski area operator shall have the following duties with respect to their operation of a skiing area:

(1) To mark all trail maintenance vehicles and to furnish such vehicles with flashing or rotating lights that shall be in operation whenever the vehicles are working or are in movement in the skiing area;

(2) To mark with a visible sign or other warning implement the location of any hydrant or similar equipment used in snowmaking operations and located on ski slopes and trails;

(3) To mark conspicuously the top or entrance to each slope or trail or area, with an appropriate symbol for its relative degree of difficulty; and those slopes, trails, or areas which are closed, shall be so marked at the top or entrance;

(4) To maintain one (1) or more trail boards at prominent locations at each ski area displaying that area’s network of ski trails and slopes with each trail and slope rated thereon as to its relative degree of difficulty;

(5) To designate by trail board or otherwise which trails or slopes are open or closed;

(6) To place, or cause to be placed, whenever snowgrooming or snowmaking operations are being undertaken upon any trail or slope while such trail or slope is open to the public, a conspicuous notice to that effect at or near the top of such trail or slope;

(7) To post notice of the requirements of this chapter concerning the use of ski retention devices. This obligation shall be the sole requirement imposed upon the ski area operator regarding the requirement for or use of ski retention devices;

(8) To provide a ski patrol with qualifications meeting the standards of the national ski patrol system;

(9) To post a sign at the bottom of all aerial passenger tramways which advises the passengers to seek advice if not familiar with riding the aerial passenger tramway; and

(10) Not to intentionally or negligently cause injury to any person; provided, that except for the duties of the operator set forth in subsections (1) through (9) of this section and in section 6-1104, Idaho Code, the operator shall have no duty to eliminate, alter, control or lessen the risks inherent in the sport of skiing, which risks include, but are not limited to, those described in section 6-1106, Idaho Code; and, that no activities undertaken by the operator in an attempt to eliminate, alter, control or lessen such risks shall be deemed to impose on the operator any duty to accomplish such activities to any standard of care.

[6-1103, added 1979, ch. 270, sec. 1, p. 702; am. 2014, ch. 187, sec. 2, p. 498.]

§ 6-1104 Duties of ski area operators with respect to aerial passenger tramways

Every ski area operator shall have the duty to construct, operate, maintain and repair any aerial passenger tramway in accordance with the American national standards safety requirements for aerial passenger tramways.

[6-1104, added 1979, ch. 270, sec. 1, p. 703.]

§ 6-1105 Duties of passengers

Every passenger shall have the duty not to:

(1) Board or embark upon or disembark from an aerial passenger tramway except at an area designated for such purpose;

(2) Drop, throw or expel any object from an aerial passenger tramway;

(3) Do any act which shall interfere with the running or operation of an aerial passenger tramway;

(4) Use any aerial passenger tramway if the passenger does not have the ability to use it safely without instruction until the passenger has requested and received sufficient instruction to permit safe usage;

(5) Embark on an aerial passenger tramway without the authority of the ski area operator;

(6) Use any aerial passenger tramway without engaging such safety or restraining devices as may be provided.

[6-1105, added 1979, ch. 270, sec. 1, p. 703.]

§ 6-1106 Duties of skiers

It is recognized that skiing as a recreational sport is hazardous to skiers, regardless of all feasible safety measures that can be taken.

Each skier expressly assumes the risk of and legal responsibility for any injury to person or property that results from participation in the sport of skiing including any injury caused by the following, all whether above or below snow surface: variations in terrain; any movement of snow including, but not limited to, slides, sloughs or avalanches; any depths of snow, including tree wells, or any accumulations of snow, whether natural or man made, including snowmaking mounds; freestyle terrain; surface or subsurface snow or ice conditions; bare spots, rocks, trees, other forms of forest growth or debris, lift towers and components thereof; utility poles, and snowmaking and snowgrooming equipment which is plainly visible or plainly marked in accordance with the provisions of section 6-1103, Idaho Code. Therefore, each skier shall have the sole individual responsibility for knowing the range of his own ability to negotiate any slope or trail, and it shall be the duty of each skier to ski within the limits of the skier’s own ability, to maintain reasonable control of speed and course at all times while skiing, to heed all posted warnings, to ski only on a skiing area designated by the ski area operator and to refrain from acting in a manner which may cause or contribute to the injury of anyone. The responsibility for collisions by any skier while actually skiing, with any person, shall be solely that of the individual or individuals involved in such collision and not that of the ski area operator.

No person shall place any object in the skiing area or on the uphill track of any aerial passenger tramway that may cause a passenger or skier to fall; cross the track of any T-bar lift, J-bar lift, platter lift or similar device, a fiber rope or wire rope tow and a conveyor, except at a designated location; or depart when involved in a skiing accident, from the scene of the accident without leaving personal identification, including name and address, before notifying the proper authorities or obtaining assistance when that person knows that any other person involved in the accident is in need of medical or other assistance.

No skier shall fail to wear retention straps or other devices to help prevent runaway equipment.

[6-1106, added 1979, ch. 270, sec. 1, p. 703; am. 2014, ch. 187, sec. 3, p. 498.]

§ 6-1107 Liability of ski area operators

Any ski area operator shall be liable for loss or damages caused by its failure to follow the duties set forth in sections 6-1103 and 6-1104, Idaho Code, where the violation of duty is causally related to the loss or damage suffered. The ski area operators shall not be liable to any passenger or skier acting in violation of their duties as set forth in sections 6-1105 and 6-1106, Idaho Code, where the violation of duty is causally related to the loss or damage suffered; nor shall a ski area operator be liable for any injury or damage to a person who is not legally entitled to be in the ski area; or for any loss or damages caused by any object dropped, thrown or expelled by a passenger from an aerial passenger tramway.

[6-1107, added 1979, ch. 270, sec. 1, p. 704.]

§ 6-1108 Liability of passengers

Any passenger shall be liable for loss or damages resulting from violations of the duties set forth in section 6-1105, Idaho Code, and shall not be able to recover from the ski area operator for any losses or damages where the violation of duty is causally related to the loss or damage suffered.

[6-1108, added 1979, ch. 270, sec. 1, p. 704.]

§ 6-1109 Liability of skiers

Any skier shall be liable for loss or damages resulting from violations of the duties set forth in section 6-1106, Idaho Code, and shall not be able to recover from the ski area operator for any losses or damages where the violation of duty is causally related to the loss or damage suffered.

[6-1109, added 1979, ch. 270, sec. 1, p. 704.]

Chapter 12 Responsibilities and Liabilities of Recreational Participants and Outfitters and Guides

§ 6-1201 Legislative purpose

Every year, in rapidly increasing numbers, the inhabitants of the state of Idaho and nonresidents are enjoying the recreational value of Idaho’s mountains, rivers, and streams, many of which are remote and far removed for ordinary auto travel. The tourist trade is of vital importance to the state of Idaho, and the services offered by licensed outfitters and guides significantly contribute to the economy of the state of Idaho. The legislature recognizes that there are inherent risks in the recreational activities provided by outfitters which should be understood by each participant. These risks are essentially impossible to eliminate by outfitters and guides. It is the purpose of this chapter to define those areas of responsibility and affirmative acts for which outfitters and guides shall be liable for loss, damage, or injury, and to define those risks which the participant expressly assumes and for which there can be no recovery.

[6-1201, added 1979, ch. 317, sec. 1, p. 851.]

§ 6-1202 Definitions

(a) "Outfitter" shall include any individual, firm, partnership, corporation, or other organization or any combination thereof as defined in section 36-2102(b), Idaho Code.

(b) "Guide" shall include any person defined in section 36-2102(c), Idaho Code.

(c) "Participant" shall include any person using the services of an outfitter or guide licensed under chapter 21, title 36, Idaho Code.

[6-1202, added 1979, ch. 317, sec. 1, p. 852.]

§ 6-1203 Duties of an outfitter

All outfitters offering professional services in this state shall provide facilities, equipment, and services as advertised or as agreed upon between the outfitter and the participant. All services, facilities, and equipment provided by outfitters in this state shall conform to safety and other requirements set forth in chapter 21, title 36, Idaho Code, and by the rules promulgated by the Idaho outfitters and guides board created by chapter 21, title 36, Idaho Code.

[6-1203, added 1979, ch. 317, sec. 1, p. 852; am. 1997, ch. 345, sec. 1, p. 1029.]

§ 6-1204 Duties of a guide

Any guide providing personal services for an outfitter in this state shall conform to the standard of care expected of members of his profession, and he shall comply with all duties and requirements placed on him by chapter 21, title 36, Idaho Code, and by the rules promulgated by the Idaho outfitters and guides licensing board created by chapter 21, title 36, Idaho Code.

[6-1204, added 1979, ch. 317, sec. 1, p. 852; am. 1997, ch. 345, sec. 2, p. 1029; am. 2022, ch. 111, sec. 4, p. 370.]

§ 6-1205 Duties of participants

It is recognized that some recreational activities conducted by outfitters and guides are hazardous to participants regardless of all feasible safety measures that can be taken. Participants shall have a duty to act as would a reasonably prudent man when engaging in recreational activities offered by licensed outfitters and guides in this state. Participants shall have a duty not to:

(1) Do any act that interferes with the running or operation of an outfitter’s or guide’s activities, when such activities conform to the rules of the Idaho outfitters and guides licensing board and to the requirements of chapter 21, title 36, Idaho Code;

(2) Use any outfitter’s or guide’s equipment or facilities or services if the participant does not have the ability to use such facilities or equipment or services safely without instructions until the participant has requested and received sufficient instruction to permit safe usage;

(3) Engage in any harmful conduct or willfully or negligently engage in any type of conduct that contributes to or causes injury to any person;

(4) Embark on any self-initiated activity without first informing the outfitter or guide of his intentions and receiving permission from the outfitter or guide to engage in such self-initiated activity.

[6-1205, added 1979, ch. 317, sec. 1, p. 852; am. 1997, ch. 345, sec. 3, p. 1029; am. 2022, ch. 111, sec. 5, p. 370.]

§ 6-1206 Liability of outfitters and guides

(1) No outfitter or guide licensed under the provisions of chapter 21, title 36, Idaho Code, and acting in the course of his employment shall be liable to a participant for damages or injuries to such participant unless such damage or injury was directly or proximately caused by the negligent, reckless, or intentional conduct of the outfitter or guide.

(2) An outfitter or guide has no duty to eliminate, alter, control, or lessen the risks inherent with recreational activities provided by outfitters and guides. A participant who takes part in a recreational activity provided by outfitters and guides assumes all risks inherent in that activity.

(3) Any person may, by express written consent, prospectively waive negligence claims against licensed outfitters and guides. It is the policy of this state that such written liability waivers are enforceable to the same degree as similar waivers for other activities.

[6-1206, added 1979, ch. 317, sec. 1, p. 853; am. 1997, ch. 345, sec. 4, p. 1029; am. 2022, ch. 111, sec. 6, p. 371; am. 2023, ch. 109, sec. 1, p. 322.]

Chapter 13 Responsibilities for Donors and Gleaners of Food

§ 6-1301 Definitions

As used in this chapter:

(1) "Donor" includes, but is not limited to, any food establishment, farmer, processor, distributor, wholesaler or retailer of perishable or nonperishable food.

(2) "Gleaner" means a person who harvests for free distribution perishable food that has been donated by the owner.

(3) "Perishable food" means any food that may spoil or otherwise become unfit for human consumption because of its nature, type or physical condition. "Perishable food" includes, but is not limited to, fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits or vegetables, foods that have been packaged, refrigerated or frozen and unserved food of any kind which has been prepared by or for a food establishment. "Perishable food" does not include foods that have been canned and which remain in a sealed canning container.

[6-1301, added 1980, ch. 93, sec. 1, p. 203; am. 1995, ch. 85, sec. 1, p. 250.]

§ 6-1302 Donors and gleaners exempt from liability

Notwithstanding any other provision of law, the good faith donor of any perishable or nonperishable food, apparently fit for human consumption, to a bona fide charitable or nonprofit organization for free distribution, or a gleaner of any perishable food apparently fit for human consumption, shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness or intentional misconduct of the donor or gleaner.

Nothing in this section is intended to limit any liability on the part of a donee charitable or nonprofit organization accepting perishable food items.

This section includes the good faith donation of perishable or nonperishable food not readily marketable due to appearance, freshness, grade, surplus or other consideration, but does not restrict the authority of any appropriate agency to regulate or ban the use of such food for human consumption.

[6-1302, added 1980, ch. 93, sec. 1, p. 203.]

Chapter 14 Product Liability

§ 6-1401 Scope

The previous existing applicable law of this state on product liability is modified only to the extent set forth in this act.

[(6-1401) 6-1301, added 1980, ch. 225, sec. 1, p. 499; am. and redesig. 2005, ch. 25, sec. 3, p. 83.]

§ 6-1402 Definitions

(1) "Product seller" means any person or entity that is engaged in the business of selling products, whether the sale is for resale, or for use or consumption. The term includes a manufacturer, wholesaler, distributor, or retailer of the relevant product. The term also includes a party who is in the business of leasing or bailing such products. The term "product seller" does not include:

(a) A provider of professional services who utilizes or sells products within the legally authorized scope of its professional practice. A nonprofessional provider of services is not included unless the sale or use of a product is the principal part of the transaction, and the essence of the relationship between the seller and purchaser is not the furnishing of judgment, skill, or services;

(b) A commercial seller of used products who resells a product after use by a consumer or other product user, provided the used product is in essentially the same condition as when it was acquired for resale; and

(c) A finance lessor who is not otherwise a product seller. A "finance lessor" is one who acts in a financial capacity, who is not a manufacturer, wholesaler, distributor, or retailer, and who leases a product without having a reasonable opportunity to inspect and discover defects in the product, under a lease arrangement in which the selection, possession, maintenance, and operation of the product are controlled by a person other than the lessor.

(2) "Manufacturer" includes a product seller who designs, produces, makes, fabricates, constructs, or remanufactures the relevant product or component part of a product before its sale to a user or consumer. It includes a product seller or entity not otherwise a manufacturer that holds itself out as a manufacturer. A product seller acting primarily as a wholesaler, distributor, or retailer of a product may be a "manufacturer" but only to the extent that it designs, produces, makes, fabricates, constructs, or remanufactures the product before its sale.

(3) "Product" means any object possessing intrinsic value, capable of delivery either as an assembled whole or as a component part or parts, and produced for introduction into trade or commerce. Human tissue and organs, including human blood and its components, are excluded from this term. The "relevant product" under this chapter is that product, or its component part or parts, which gave rise to the product liability claim.

(4) "Claimant" means a person or entity asserting a product liability claim, including a wrongful death action, and, if the claim is asserted through or on behalf of an estate, the term includes claimant’s decedent. "Claimant" includes any person or entity that suffers harm.

(5) "Reasonably anticipated conduct" means the conduct which would be expected of an ordinary reasonably prudent person who is likely to use the product in the same or similar circumstances.

[(6-1402) 6-1302, added 1980, ch. 225, sec. 1, p. 499; am. and redesig. 2005, ch. 25, sec. 4, p. 83.]

§ 6-1403 Length of time product sellers are subject to liability

(1) Useful safe life.

(a) Except as provided in subsection (1)(b) hereof, a product seller shall not be subject to liability to a claimant for harm under this chapter if the product seller proves by a preponderance of the evidence that the harm was caused after the product’s "useful safe life" had expired.

"Useful safe life" begins at the time of delivery of the product and extends for the time during which the product would normally be likely to perform or be stored in a safe manner. For the purposes of this chapter, "time of delivery" means the time of delivery of a product to its first purchaser or lessee who was not engaged in the business of either selling such products or using them as component parts of another product to be sold.

(b) A product seller may be subject to liability for harm caused by a product used beyond its useful safe life to the extent that the product seller has expressly warranted the product for a longer period.

(2) Statute of repose.

(a) Generally. In claims that involve harm caused more than ten (10) years after time of delivery, a presumption arises that the harm was caused after the useful safe life had expired. This presumption may only be rebutted by clear and convincing evidence.

(b) Limitations on statute of repose.

If a product seller expressly warrants that its product can be utilized safely for a period longer than ten (10) years, the period of repose, after which the presumption created in subsection (2)(a) hereof arises, shall be extended according to that warranty or promise.
The ten (10) year period of repose established in subsection (2)(a) hereof does not apply if the product seller intentionally misrepresents facts about its product, or fraudulently conceals information about it, and that conduct was a substantial cause of the claimant’s harm.
Nothing contained in subsection (2) of this section shall affect the right of any person found liable under this chapter to seek and obtain contribution or indemnity from any other person who is responsible for harm under this chapter.
The ten (10) year period of repose established in subsection (2)(a) hereof shall not apply if the harm was caused by prolonged exposure to a defective product, or if the injury-causing aspect of the product that existed at the time of delivery was not discoverable by an ordinary reasonably prudent person until more than ten (10) years after the time of delivery, or if the harm, caused within ten (10) years after the time of delivery, did not manifest itself until after that time.

(3) Statute of limitation. No claim under this chapter may be brought more than two (2) years from the time the cause of action accrued as defined in section 5-219, Idaho Code.

[(6-1403) 6-1303, added 1980, ch. 225, sec. 1, p. 500; am. and redesig. 2005, ch. 25, sec. 5, p. 84.]

§ 6-1404 Comparative responsibility

Comparative responsibility shall not bar recovery in an action by any person or his legal representative to recover damages for product liability resulting in death or injury to person or property, if such responsibility was not as great as the responsibility of the person against whom recovery is sought, but any damages allowed shall be diminished in the proportion to the amount of responsibility attributable to the person recovering.

[(6-1404) 6-1304, added 1980, ch. 225, sec. 1, p. 501; am. and redesig. 2005, ch. 25, sec. 6, p. 85.]

§ 6-1405 Conduct affecting comparative responsibility

(1) Failure to discover a defective condition.

(a) Claimant’s failure to inspect. A claimant is not required to have inspected the product for a defective condition. Failure to have done so does not render the claimant responsible for the harm caused or reduce the claimant’s damages.

(b) Claimant’s failure to observe an obvious defective condition. When the product seller proves by a preponderance of the evidence that the claimant, while using the product, was injured by a defective condition that would have been obvious to an ordinary reasonably prudent person, the claimant’s damages shall be subject to reduction.

(c) A nonclaimant’s failure to inspect for defects or to observe an obvious defective condition. A nonclaimant’s failure to inspect for a defective condition or to observe a defective condition that would have been obvious to an ordinary reasonably prudent person, shall not reduce claimant’s damages.

(2) Use of a product with a known defective condition.

(a) By a claimant. When the product seller proves, by a preponderance of the evidence, that the claimant knew about the product’s defective condition, and voluntarily used the product or voluntarily assumed the risk of harm from the product, the claimant’s damages shall be subject to reduction to the extent that the claimant did not act as an ordinary reasonably prudent person under the circumstances.

(b) By a nonclaimant product user. If the product seller proves by a preponderance of the evidence that a product user, other than the claimant, knew about a product’s defective condition, but voluntarily and unreasonably used or stored the product and thereby proximately caused claimant’s harm, the claimant’s damages shall be subject to apportionment.

(3) Misuse of a product.

(a) "Misuse" occurs when the product user does not act in a manner that would be expected of an ordinary reasonably prudent person who is likely to use the product in the same or similar circumstances.

(b) When the product seller proves, by a preponderance of the evidence, that product misuse by a claimant, or by a party other than the claimant or the product seller has proximately caused the claimant’s harm, the claimant’s damages shall be subject to reduction or apportionment to the extent that the misuse was a proximate cause of the harm.

(4) Alteration or modification of a product.

(a) "Alteration or modification" occurs when a person or entity other than the product seller changes the design, construction, or formula of the product, or changes or removes warnings or instructions that accompanied or were displayed on the product. "Alteration or modification" of a product includes the failure to observe routine care and maintenance, but does not include ordinary wear and tear.

(b) When the product seller proves, by a preponderance of the evidence, that an alteration or modification of the product by the claimant, or by a party other than the claimant or the product seller has proximately caused the claimant’s harm, the claimant’s damages shall be subject to reduction or apportionment to the extent that the alteration or modification was a proximate cause of the harm.

This subsection shall not be applicable if:

The alteration or modification was in accord with the product seller’s instructions or specifications;
The alteration or modification was made with the express or implied consent of the product seller; or
The alteration or modification was reasonably anticipated conduct, and the product was defective because of the product seller’s failure to provide adequate warnings or instructions with respect to the alteration or modification.

[(6-1405) 6-1305, added 1980, ch. 225, sec. 1, p. 501; am. and redesig. 2005, ch. 25, sec. 7, p. 85.]

§ 6-1406 Relevance of industry custom, safety or performance standards, and technological feasibility

(1) Evidence of changes in (a) a product’s design, (b) warnings or instructions concerning the product, (c) technological feasibility, (d) "state of the art," or (e) the custom of the product seller’s industry or business, occurring after the product was manufactured and delivered to its first purchaser or lessee who was not engaged in the business of either selling such products or using them as component parts of another product to be sold, is not admissible for the purpose of proving that the product was defective in design or that a warning or instruction should have accompanied the product at the time of manufacture. The provisions of this section shall not relieve the product seller of any duty to warn of known defects discovered after the product was designed and manufactured.

(2) If the court finds outside the presence of a jury that the probative value of such evidence substantially outweighs its prejudicial effect and that there is no other proof available, this evidence may be admitted for other relevant purposes, including but not limited to proving ownership or control, or impeachment.

(3) For purposes of this section, "custom" refers to the practices followed by an ordinary product seller in the product seller’s industry or business.

(4) For purposes of this section, "technological feasibility" means the technological, mechanical and scientific knowledge relating to product safety that was reasonably feasible for use, in light of economic practicality, at the time of manufacture.

[(6-1406) 6-1306, added 1980, ch. 225, sec. 1, p. 502; am. and redesig. 2005, ch. 25, sec. 8, p. 86.]

§ 6-1407 Individual rights and responsibilities of product sellers other than manufacturers

(1) In the absence of express warranties to the contrary, product sellers other than manufacturers shall not be subject to liability in circumstances where they do not have a reasonable opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, reveal the existence of the defective condition which is in issue; or where the product seller acquires the product in a sealed package or container and sells the product in the same sealed package or container. The liability limitation of this subsection shall not apply if:

(a) The product seller had knowledge or reason to know of the defect in the product;

(b) The product seller altered, modified, or installed the product, and such alteration, modification or installation was a substantial proximate cause of the incident giving rise to the action, was not authorized or requested by the manufacturer and was not performed in compliance with the directions or specifications of the manufacturer;

(c) The product seller provided the plans or specifications for the manufacture or preparation of the product and such plans or specifications were a substantial cause of the product’s alleged defect.

(d) The product seller is a wholly-owned subsidiary of the manufacturer, or the manufacturer is a wholly-owned subsidiary of the product seller.

(e) The product seller sold the product after the expiration date placed on the product or its package by the manufacturer.

(2) In an action where the liability limitation of subsection (1) applies, any manufacturer who refuses to accept a tender of defense from the product seller, shall indemnify the product seller for reasonable attorney’s fees and costs incurred by the product seller in defending such action.

(3) In any product liability action, the manufacturer of the product shall be indemnified by the product seller of the product for any judgment rendered against the manufacturer and shall also be reimbursed for reasonable attorney’s fees and costs incurred in defending such action:

(a) If the product seller provided the plans or specifications for the manufacture or preparation of the product;

(b) If such plans or specifications were a substantial cause of the product’s alleged defect; and

The provisions of this subsection shall not apply if the manufacturer had knowledge or with the exercise of reasonable and diligent care should have had knowledge of the defect in the product.

(4) A product seller, other than a manufacturer, is also subject to the liability of manufacturer if:

(a) The manufacturer is not subject to service of process under the laws of the claimant’s domicile; or

(b) The manufacturer has been judicially declared insolvent in that the manufacturer is unable to pay its debts as they become due in the ordinary course of business; or

(c) The court outside the presence of a jury determines that it is highly probable that the claimant would be unable to enforce a judgment against the product manufacturer.

[(6-1407) 6-1307, added 1980, ch. 225, sec. 1, p. 503; am. and redesig. 2005, ch. 25, sec. 9, p. 87.]

§ 6-1408 Contents of complaint — Amount of recovery

In any product liability action no dollar amount or figure shall be included in the complaint. The complaint shall pray for such damages as are reasonable in the premises. The complaint shall include a statement reciting that the jurisdictional amount established for filing the action is satisfied.

[(6-1408) 6-1308, added 1980, ch. 225, sec. 1, p. 504; am. and redesig. 2005, ch. 25, sec. 10, p. 88.]

§ 6-1409 Short title

This act shall be known and may be cited as the "Idaho Product Liability Reform Act."

[(6-1409) 6-1309, added 1980, ch. 225, sec. 1, p. 504; am. and redesig. 2005, ch. 25, sec. 11, p. 88.]

§ 6-1410 Products liability — Defectiveness of firearms or ammunition

(1) In a products liability action, no firearm or ammunition shall be deemed defective in design on the basis that the benefits of the product do not outweigh the risk of injury posed by its potential to cause serious injury, damage, or death when discharged.

(2) For purposes of this section:

(a) The potential of a firearm or ammunition to cause serious injury, damage, or death when discharged does not make the product defective in design.

(b) Injuries or damages resulting from the discharge of a firearm or ammunition are not proximately caused by its potential to cause serious injury, damage, or death, but are proximately caused by the actual discharge of the product.

(3) The provisions of this section shall not affect a products liability cause of action based upon the improper selection of design alternatives.

[6-1410, added 1986, ch. 216, sec. 1, p. 553.]

Chapter 15 Liability to Firewood Gatherers

§ 6-1501 Definitions

As used in this chapter:

(1) "Firewood gatherer" means a person who enters onto forest land with or without the consent of the owner of the forest land or by payment of a fee in order to gather or cut wood for use as firewood.

(2) "Forest land" means any privately owned land being held and used for the continuous purpose of growing and harvesting trees of a marketable species.

[6-1501, added 1986, ch. 194, sec. 1, p. 492.]

§ 6-1502 Owners of forest land exempt from liability — Exception

Notwithstanding any other provision of law, an owner of forest land shall not be liable to a firewood gatherer for damages or injuries to the firewood gatherer arising from the condition of the forest land or the forest products attached to or upon the forest land unless the damage or injury is caused by the gross negligence, recklessness or intentional misconduct of the owner of the forest land.

[6-1502, added 1986, ch. 194, sec. 1, p. 492.]

Chapter 16 Periodic Payment of Judgments — Limitation on Certain Tort Damages and Liabilities

§ 6-1601 Definitions

As used in this act:

(1) "Charitable corporation or organization or charitable trust" means a corporation or organization or charitable trust including any community chest, fund, or foundation organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda or otherwise attempting to influence legislation.

(2) "Claimant" means any party to a civil action making a claim for relief, legal or equitable, compensatory or noncompensatory.

(3) "Economic damages" means objectively verifiable monetary loss, including, but not limited to, out-of-pocket expenses, loss of earnings, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services, loss of employment, medical expenses, or loss of business or employment opportunities.

(4) "Future damages" means noneconomic damages and economic damages to be incurred after entry of a judgment.

(5) "Noneconomic damages" means subjective, nonmonetary losses including, but not limited to, pain, suffering, inconvenience, mental anguish, disability or disfigurement incurred by the injured party; emotional distress; loss of society and companionship; loss of consortium; or destruction or impairment of the parent-child relationship.

(6) "Nonprofit corporation or organization" means a charitable corporation or organization or charitable trust; any other corporation organized or existing under chapter 30, title 30, Idaho Code, or an equivalent provision of the law of another state; or an unincorporated association, which corporation, organization, charitable trust or unincorporated association is organized and existing exclusively for nonprofit purposes, and which:

(a) Either is tax exempt under section 501(c)(3) of the Internal Revenue Code or regularly bestows benefits to the community at large; and

(b) No part of the net income of which is distributable to its members, directors or officers.

(7) "Personal injury" means a physical injury, sickness or death suffered by an individual.

(8) "Property damage" means loss in value or in use of real or personal property, where such loss arises from physical damage to or destruction of such property.

(9) "Punitive damages" means damages awarded to a claimant, over and above what will compensate the claimant for actual personal injury and property damage, to serve the public policies of punishing a defendant for outrageous conduct and of deterring future like conduct.

(10) "Willful or reckless misconduct" means conduct in which a person makes a conscious choice as to the person’s course of conduct under circumstances in which the person knows or should know that such conduct both creates an unreasonable risk of harm to another and involves a high probability that such harm will actually result.

[6-1601, added 1987, ch. 278, sec. 1, p. 572; am. 1990, ch. 105, sec. 1, p. 211; am. 2008, ch. 83, sec. 1, p. 213; am. 2017, ch. 58, sec. 1, p. 92; am. 2020, ch. 294, sec. 1, p. 846.]

§ 6-1602 Periodic payment of judgments — Exceptions — Discretions — Procedure

(1) In any civil action seeking damages for personal injury or property damages in which a verdict, award or finding for future damages exceeds the sum of one hundred thousand dollars ($100,000), the court may, in the exercise of its sound discretion, and at the request of either party, enter a judgment which provides for the periodic payment of that portion of the verdict, award or finding which represents future damages.

(2) If, prior to the entry of judgment, either party requests that the judgment provide for the periodic payments of future damages, the court shall request each party to submit a proposal for such payment which, at a minimum, shall state:

(a) The reasons which demonstrate that the imposition of periodic payments is appropriate or inappropriate, according to the criteria provided in subsections (3), (4) and (5) of this section;

(b) The manner and method of proposed future periodic payments including:

(i) The name or names of each recipient of such payments;

(ii) The number, time, interval and dollar amount of all such payments;

(iii) The total amount to be paid over the course of such payments;

(iv) The present cash value of such payments as of the date when payment is to commence;

(v) The terms and conditions of any annuity policy, contract or investment which a party intends to rely upon as the means of facilitating such payments; and

(vi) The method by which such payments are secured.

(3) In determining whether periodic payments are appropriate in any given case, the court shall consider, receive evidence and enter findings of fact and conclusions of law on the following:

(a) The age, health, education, occupation experience, medical needs, capacity or incapacity, dependency, and any other special circumstances which, considering the best interests of the claimant, weigh in favor of periodic or lump sum payments;

(b) The financial capacity and resources of the judgment debtor, and any other factors which may affect such debtor’s ability to pay the judgment in lump sum, or may otherwise substantially impair the future solvency of such debtor if periodic payments are not ordered;

(c) The degree to which the future damages, losses, expenses and needs are subject to ascertainment with reasonable certainty;

(d) The extent to which an order of future periodic payments may significantly risk that the judgment debtor will be required to pay more than the verdict award or finding, or that the claimant will not be fully and fairly compensated for the future damages;

(e) The existence and amount of any policy of insurance providing coverage, in whole or part, to the judgment debtor for the future damages of the claimant;

(f) The claimant’s entitlement to future income, benefits, proceeds or payments from other sources which, with reasonable certainty, may supplement the claimant’s future economic needs, damages or expenses;

(g) The extent to which the manner of payment may serve to discourage or deter the tortious, wrongful or otherwise unlawful conduct of the judgment debtor or others similarly situated;

(h) The availability of adequate security to insure that the claimant will receive the full value of the verdict, award or finding;

(i) The extent to which the claimant’s attorney will be fully and adequately compensated pursuant to terms of the agreement for representation with the claimant; and

(j) The effect upon any taxes which the claimant will have to pay on the periodic payments.

(4) Unless otherwise agreed to by the claimant, periodic payments shall not be ordered in any case involving an intentional tort, or wrongful conduct perpetrated with or accompanied by fraud, dishonesty, malice, willfulness, gross negligence or which represents an extreme deviation from reasonable standards of conduct.

(5) Any unpaid balance of any judgment shall accrue and bear interest at the legal rate of interest specified in section 28-22-104(2), Idaho Code, except to the extent such judgment is for future damages. Judgments for future damages shall not bear interest unless such future damages have been reduced to present value in which case the court shall assign an interest rate which is consistent with the methodology used in reducing the amount of such verdict award or finding to present value.

(6) Adequate security shall be required on every judgment ordered payable by periodic means, including the provision of any one or combination of the following:

(a) An annuity contract issued by an insurance company with a financial rating acceptable to the court;

(b) Personal guarantees;

(d) Security instruments on real and personal property; or

(e) Such other collateral or security the court may determine appropriate and necessary to ensure full and timely payment of the judgment.

(7) If the court enters a judgment for periodic payments and any security required by the judgment is not given within sixty (60) days, the court shall enter judgment for payment of the future damage award in a lump sum, together with an award of reasonable costs and attorney fees incurred by the claimant relating to the request for periodic payments.

(8) If the court enters an order for periodic payments within sixty (60) days after entry of an order for periodic payments, the judgment debtor may elect not to make the periodic payments and satisfy the judgment for periodic payments by paying the full amount of damages awarded before the order for periodic payments.

(9) If at any time following entry of judgment for periodic payments, a judgment debtor fails to make any payment in full or in a timely fashion, or otherwise according to the terms of the judgment, the claimant may petition the court for an order requiring payment by the judgment debtor of the total remaining amount of the unpaid future damage award and, if necessary, an order allowing execution upon any security given for payment together with such additional penalties, including an award of costs and attorney fees, as the court deems appropriate. In ruling upon such petition the court may consider whether the judgment debtor’s failure to make full or timely payment was the result of his excusable inadvertence or the ministerial act of third parties beyond the control of the judgment debtor, together with all equitable considerations which favor granting or denying the petition.

(10) All judgments payable by periodic payments, as provided in this section, shall constitute a property right of the judgment creditor entitled to receive the payments, shall survive the death, disability or incapacity of the judgment creditor, and shall be inheritable, devisable, assignable and otherwise subject to disposition by the judgment creditor as any other form of intangible personal property; provided that nothing contained herein is intended to amend, modify or in any way alter any federal, state or local laws pertaining to taxes which may or may not be assessed against all or any portion of the judgment.

[6-1602, added 1987, ch. 278, sec. 1, p. 573.]

§ 6-1603 Limitation on noneconomic damages

(1) In no action seeking damages for personal injury, including death, shall a judgment for noneconomic damages be entered for a claimant exceeding the maximum amount of two hundred fifty thousand dollars ($250,000); provided, however, that beginning on July 1, 2004, and each July 1 thereafter, the cap on noneconomic damages established in this section shall increase or decrease in accordance with the percentage amount of increase or decrease by which the Idaho industrial commission adjusts the average annual wage as computed pursuant to section 72-409(2), Idaho Code.

(2) The limitation contained in this section applies to the sum of: (a) noneconomic damages sustained by a claimant who incurred personal injury or who is asserting a wrongful death; (b) noneconomic damages sustained by a claimant, regardless of the number of persons responsible for the damages or the number of actions filed.

(3) If a case is tried to a jury, the jury shall not be informed of the limitation contained in subsection (1) of this section.

(4) The limitation of awards of noneconomic damages shall not apply to:

(a) Causes of action arising out of willful or reckless misconduct.

(b) Causes of action arising out of an act or acts which the trier of fact finds beyond a reasonable doubt would constitute a felony under state or federal law.

[6-1603, added 1987, ch. 278, sec. 1, p. 575; am. 2003, ch. 122, sec. 2, p. 371.]

§ 6-1604 Limitation on punitive damages

(1) In any action seeking recovery of punitive damages, the claimant must prove, by clear and convincing evidence, oppressive, fraudulent, malicious or outrageous conduct by the party against whom the claim for punitive damages is asserted.

(2) In all civil actions in which punitive damages are permitted, no claim for damages shall be filed containing a prayer for relief seeking punitive damages. However, a party may, pursuant to a pretrial motion and after hearing before the court, amend the pleadings to include a prayer for relief seeking punitive damages. The court shall allow the motion to amend the pleadings if, after weighing the evidence presented, the court concludes that, the moving party has established at such hearing a reasonable likelihood of proving facts at trial sufficient to support an award of punitive damages. A prayer for relief added pursuant to this section shall not be barred by lapse of time under any applicable limitation on the time in which an action may be brought or claim asserted, if the time prescribed or limited had not expired when the original pleading was filed.

(3) No judgment for punitive damages shall exceed the greater of two hundred fifty thousand dollars ($250,000) or an amount which is three (3) times the compensatory damages contained in such judgment. If a case is tried to a jury, the jury shall not be informed of this limitation. The limitations on noneconomic damages contained in section 6-1603, Idaho Code, are not applicable to punitive damages.

(4) Nothing in this section is intended to change the rules of evidence used by a trier of fact in finding punitive damages.

[6-1604, added 1987, ch. 278, sec. 1, p. 576; am. 2003, ch. 122, sec. 3, p. 371.]

§ 6-1605 Limitation on liability of volunteers, officers and directors of nonprofit corporations and organizations and trustees of charitable trusts

(1) In any nonprofit corporation or organization or charitable trust as defined in section 6-1601(6), Idaho Code, officers, directors, and volunteers who serve the nonprofit corporation or organization without compensation and trustees of the charitable trust who serve without compensation shall be personally immune from civil liability arising out of their conduct as an officer, director, trustee or volunteer, if such conduct is within the course and scope of the duties and functions of the individual officer, director, trustee or volunteer and at the direction of the corporation or organization or charitable trust. The provisions of this section shall not eliminate or limit, and no immunity is hereby granted for the liability of an officer, director, trustee or volunteer:

(a) For conduct which is willful, wanton, or which involves fraud or knowing violation of the law;

(b) To the extent of coverage for such conduct under a policy of liability insurance, whether the policy is purchased by the corporation or organization or charitable trust, the individual officer, director, trustee, volunteer or some third party;

(c) For any intentional breach of a fiduciary duty or duty of loyalty owed by the officer, director or volunteer to the corporation, organization or the members thereof, or owed by the trustee to the charitable trust or the members thereof;

(d) For acts or omissions not in good faith or which involve intentional misconduct, fraud or a knowing violation of law;

(e) For any transaction from which the officer, director, trustee or volunteer derived an improper personal benefit;

(f) For any violation of the provisions of section 30-3-82, Idaho Code; or

(g) For damages which result from the operation of a motor vehicle.

(2) Reimbursement of an officer, director or volunteer of a nonprofit corporation or organization or of a trustee of a charitable trust for costs and expenses actually incurred shall not be considered compensation.

(3) Nothing in this section shall be construed to supersede, abrogate, or limit any immunities or limitation of liability otherwise provided by law.

[6-1605, added 1987, ch. 278, sec. 1, p. 576; am. 1990, ch. 105, sec. 2, p. 212; am. 2003, ch. 59, sec. 1, p. 205; am. 2008, ch. 83, sec. 2, p. 214.]

§ 6-1606 Prohibiting double recoveries from collateral sources

In any action for personal injury or property damage, a judgment may be entered for the claimant only for damages which exceed amounts received by the claimant from collateral sources as compensation for the personal injury or property damage, whether from private, group or governmental sources, and whether contributory or noncontributory. For the purposes of this section, collateral sources shall not include benefits paid under federal programs which by law must seek subrogation, death benefits paid under life insurance contracts, benefits paid by a service corporation organized under chapter 34, title 41, Idaho Code, and benefits paid which are recoverable under subrogation rights created under Idaho law or by contract. Evidence of payment by collateral sources is admissible to the court after the finder of fact has rendered an award. Such award shall be reduced by the court to the extent the award includes compensation for damages which have been compensated independently from collateral sources.

[6-1606, added 1990, ch. 131, sec. 1, p. 304.]

§ 6-1607 Employer liability for employee torts

(1) No employer shall be directly or indirectly liable in tort based upon an employer/employee relationship for any act or omission of an employee which occurs after the termination of the employee’s employment unless it is shown by clear and convincing evidence that the acts or omissions of the employer itself constitute gross negligence or reckless, willful and wanton conduct as those standards are defined in section 6-904C, Idaho Code, and were a proximate cause of the damage sustained.

(2) There shall be a presumption that an employer is not liable in tort based upon an employer/employee relationship for any act or omission of a current employee unless the employee was wholly or partially engaged in the employer’s business, reasonably appeared to be engaged in the employer’s business, was on the employer’s premises when the allegedly tortious act or omission of the employee occurred, or was otherwise under the direction or control of the employer when the act or omission occurred. This presumption may be rebutted only by clear and convincing evidence that the employer’s acts or omissions constituted gross negligence or, reckless, willful and wanton conduct as those standards are defined in section 6-904C, Idaho Code, and were a proximate cause of the damage sustained.

(3) In every civil action to which this section applies, an employer shall have the right (pursuant to pretrial motion and after opportunity for discovery) to a hearing before the court in which the person asserting a claim against an employer must establish a reasonable likelihood of proving facts at trial sufficient to support a finding that liability for damages should be apportioned to the employer under the standards set forth in this section. If the court finds that this standard is not met, the claim against the employer shall be dismissed and the employer shall not be included on a special verdict form.

(4) Nothing in this section shall be construed to expand any rights of recovery under the common law or to limit any person’s rights under any other statute including, but not limited to, chapter 59, title 67, Idaho Code, and title 72, Idaho Code.

[6-1607, added 2000, ch. 210, sec. 2, p. 537.]

Chapter 17 Tort Actions in Child Abuse Cases

§ 6-1701 Tort actions in child abuse cases

(1) An action may be brought by or on behalf of any child against any person who has:

(a) Willfully and lewdly committed any lewd or lascivious act or acts upon or with the body or any part or member of a child under the age of sixteen (16) years as defined in section 18-1508, Idaho Code; or

(b) Sexually abused any child as defined in section 18-1506, Idaho Code; or

(d) Injured a child as defined in section 18-1501, Idaho Code.

(2) If an act prohibited under subsection (1) of this section involves employment-related circumstances as provided under section 6-1607(2), Idaho Code, then an action may be brought under the common law by, or on behalf of, any child against the employer of the person who committed the act, subject to the requirements of section 6-1607, Idaho Code.

(3) The civil causes of action provided for in this section exist independently of any criminal action commenced pursuant to chapter 15, title 18, Idaho Code. A civil action may be pursued under the provisions of this chapter even if a criminal prosecution is not pursued.

[6-1701, added 1989, ch. 47, sec. 1, p. 60; am. 2007, ch. 125, sec. 1, p. 375.]

§ 6-1702 Who may bring action

A child abuse tort action under the provisions of this chapter may be brought by the child or on the child’s behalf by a parent or the child’s legal representative.

[6-1702, added 1989, ch. 47, sec. 1, p. 61.]

§ 6-1703 Damages — Attorneys’ fees

Damages in an action brought pursuant to the provisions of this chapter shall consist of compensation for past and future damages and may consist of emotional and physical pain and suffering, mental anguish, disability, loss of society and companionship, expenses for past and future therapy, and punitive damages where the claimant proves malicious or outrageous conduct by the party against whom the claim for punitive damages is asserted.

The prevailing party in a child abuse tort action shall be entitled to costs and reasonable attorneys’ fees.

[6-1703, added 1989, ch. 47, sec. 1, p. 61.]

§ 6-1704 Statute of limitations

(1) Notwithstanding any limitation contained in chapter 2, title 5, Idaho Code, an action under the provisions of this chapter must be commenced within five (5) years from the date that an aggrieved child reaches the age of eighteen (18) years or, after the child reaches the age of eighteen (18) years, within five (5) years of the time the child discovers or reasonably should have discovered the act, abuse or exploitation and its causal relationship to an injury or condition suffered by the child, whichever occurs later.

(2) The child need not establish which act in a series of continuing acts, abuse or exploitation caused the injury complained of, but may compute the date of discovery from the date of discovery of the last act by the same perpetrator which is part of a common scheme or plan.

(3) The knowledge of a custodial parent or guardian shall not be imputed to a child under the age of eighteen (18) years.

[6-1704, added 1989, ch. 47, sec. 1, p. 61; am. 2007, ch. 125, sec. 2, p. 375.]

§ 6-1705 Effective date

This act shall be in full force and effect on and after July 1, 1989. Provided, that an action may be brought under this chapter only if the cause of action accrued on or after July 1, 1989. Provided further, that nothing in this chapter is intended to affect or limit causes of action for damages or other relief recognized by common law or other statutory provisions for events that occurred before July 1, 1989.

[6-1705, added 1989, ch. 47, sec. 1, p. 61.]

Chapter 18 Equine Activities Immunity Act

§ 6-1801 Definitions

As used in this chapter:

(1) "Engages in an equine activity" means a person who rides, trains, drives or is a passenger upon an equine, whether mounted or unmounted, and does not mean a spectator at an equine activity or a person who participates in the equine activity but does not ride, train, drive or ride as a passenger upon an equine.

(2) "Equine" means a horse, pony, mule, donkey or hinny.

(3) "Equine activity" means:

(a) Equine shows, fairs, competitions, performances or parades that involve any or all breeds of equines and any of the equine disciplines including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three (3) day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, endurance trail riding and western games, and hunting;

(b) Equine training and/or teaching activities;

(d) Riding, inspecting or evaluating an equine belonging to another whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect or evaluate the equine; and

(e) Rides, trips, hunts or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor.

(4) "Equine activity sponsor" means an individual, group or club, partnership or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes or provides the facilities for an equine activity including, but not limited to, pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college sponsored classes and programs, therapeutic riding programs, and operators, instructors and promoters of equine facilities including, but not limited to, stables, clubhouses, ponyride strings, fairs and arenas at which the activity is held.

(5) "Equine professional" means a person engaged for compensation in:

(a) Instructing a participant or renting to a participant an equine for the purpose of riding, driving or being a passenger upon the equine; or

(b) Renting equipment or tack to a participant.

(6) "Participant" means any person, whether amateur or professional, who directly engages in an equine activity, whether or not a fee is paid to participate in the equine activity.

[6-1801, added 1990, ch. 40, sec. 1, p. 62.]

§ 6-1802 Limitation of liability on equine activities

(1) Except as provided in subsections (2) and (3) of this section, an equine activity sponsor or an equine professional shall not be liable for any injury to or the death of a participant or equine engaged in an equine activity and, except as provided in subsections (2) and (3) of this section, no participant nor participant’s representative may maintain an action against or recover from an equine activity sponsor or an equine professional for an injury to or the death of a participant or equine engaged in an equine activity.

(2) The provisions of this chapter do not apply to the horse or mule racing industry as regulated in chapter 25, title 54, Idaho Code.

(3) Nothing in subsection (1) of this section shall prevent or limit the liability of an equine activity sponsor or an equine professional:

(a) If the equine activity sponsor or the equine professional:

(i) Provided the equipment or tack and the equipment or tack caused the injury; or

(ii) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, determine the ability of the equine to behave safely with the participant, and to determine the ability of the participant to safely manage the particular equine;

(iii) Owns, leases, rents or otherwise is in lawful possession and control of the land or facilities upon which the participant or equine sustained injuries because of a dangerous latent condition which was known to or should have been known to the equine activity sponsor or the equine professional and for which warning signs have not been conspicuously posted;

(iv) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or equine and that act or omission caused the injury;

(v) Intentionally injures the participant or equine;

(b) Under liability provisions as set forth in the products liability laws; or

[6-1802, added 1990, ch. 40, sec. 1, p. 61; am. 1998, ch. 296, sec. 1, p. 979.]

Chapter 19 Limitation of a Mental Health Professional’s Duty to Warn

§ 6-1901 Mental health professional defined

As used in this chapter "mental health professional" means:

(1) A physician licensed pursuant to chapter 18, title 54, Idaho Code;

(2) A professional counselor licensed pursuant to chapter 34, title 54, Idaho Code;

(3) A psychologist licensed pursuant to chapter 23, title 54, Idaho Code;

(4) A social worker licensed pursuant to chapter 32, title 54, Idaho Code; or

(5) A licensed professional nurse licensed pursuant to chapter 14, title 54, Idaho Code.

[6-1901, added 1991, ch. 235, sec. 1, p. 565.]

§ 6-1902 A mental health professional’s duty to warn

A mental health professional has a duty to warn a victim if a patient has communicated to the mental health professional an explicit threat of imminent serious physical harm or death to a clearly identified or identifiable victim or victims, and the patient has the apparent intent and ability to carry out such a threat.

[6-1902, added 1991, ch. 235, sec. 1, p. 565.]

§ 6-1903 Discharge of a mental health professional’s duty to warn

(1) The duty to warn arises only under the limited circumstances specified in section 6-1902, Idaho Code. The duty to warn a clearly identifiable victim shall be discharged when the mental health professional has made a reasonable effort to communicate, in a reasonable timely manner, the threat to the victim and has notified the law enforcement agency closest to the patient’s or victim’s residence of the threat of violence, and has supplied a requesting law enforcement agency with any information he has concerning the threat of violence. If the victim is a minor, in addition to notifying the appropriate law enforcement agency as required in this subsection, the mental health professional shall make a reasonable effort to communicate the threat to the victim’s custodial parent, noncustodial parent, or legal guardian.

(2) The provisions of this section do not limit or affect the mental health professional’s duty to report child abuse or neglect in accordance with section 16-1605, Idaho Code.

[6-1903, added 1991, ch. 235, sec. 1, p. 565; am. 2005, ch. 391, sec. 2, p. 1264.]

§ 6-1904 Immunity from liability

(1) No professional disciplinary procedure, no monetary liability and no cause of action may arise against any mental health care professional for failure to predict or take precautions to provide protection from a patient’s violent behavior, other than the duty to warn provided in section 6-1902, Idaho Code, unless the mental health care professional failed to exercise that reasonable degree of skill, knowledge, and care ordinarily possessed and exercised by members of his professional specialty under similar circumstances.

(2) No professional disciplinary procedure, no monetary liability and no cause of action may arise against any mental health professional, who has a reasonable basis for believing that he has a duty to warn pursuant to section 6-1902, Idaho Code, for disclosing confidential or privileged information in an effort to discharge such duty.

(3) The provisions of this section do not modify any duty to take precautions to prevent harm by a patient that may arise if the patient is within the custodial responsibility of a hospital or other facility or is being discharged therefrom.

(4) Except as provided in section 6-1902, Idaho Code, the provisions of this section do not modify the provisions of sections 6-1001 through 6-1013, Idaho Code.

[6-1904, added 1991, ch. 235, sec. 1, p. 566; am. 2010, ch. 79, sec. 1, p. 133.]

Chapter 20 Disparagement of Agricultural Food Products

§ 6-2001 Legislative intent

The legislature hereby finds, determines and declares that the production of agricultural food products constitutes a large proportion of the Idaho economy and that it is beneficial to the citizens of this state to protect the vitality of the agricultural economy by providing a legal cause of action for producers of perishable agricultural food products to recover damages for the disparagement of any perishable agricultural food product.

[6-2001, added 1992, ch. 252, sec. 1, p. 736.]

§ 6-2002 Definitions

As used in this chapter:

(1) "Disparagement" means the publication to a third party of a false factual statement; and

(a) The published statement is of and concerning the plaintiff’s specific perishable agricultural food product;

(b) The statement clearly impugns the safety of the product;

(c) The defendant intended the publication to cause harm to the plaintiff’s pecuniary interest, or either recognized or reasonably should have recognized that it was likely to do so;

(d) The defendant made the statement with actual malice, that is, he knew that the statement was false or acted in reckless disregard of its truth or falsity; and

(e) The statement does in fact cause the plaintiff pecuniary loss.

(2) "Perishable agricultural food product" means an agricultural product as defined in section 22-2602, Idaho Code, intended for human consumption which is sold or distributed in a form that will perish or decay beyond marketability within a period of time.

[6-2002, added 1992, ch. 252, sec. 1, p. 736; am. 2001, ch. 20, sec. 1, p. 26.]

§ 6-2003 Disparagement of perishable agricultural food products — Right of action for damages

(1) A producer of perishable agricultural food products who suffers actual damages as a result of another person’s disparagement of the producer’s product may bring an action for actual damages in a court of competent jurisdiction.

(2) The plaintiff shall bear the burden of proof and persuasion as to each element of the cause of action and must prove each element by clear and convincing evidence.

(3) The plaintiff may only recover actual pecuniary damages. Neither presumed nor punitive damages shall be allowed.

(4) The disparaging factual statement must be clearly directed at a particular plaintiff’s product. A factual statement regarding a generic group of products, as opposed to a specific producer’s product, shall not serve as the basis for a cause of action.

(5) Notwithstanding any limitation contained in chapter 2, title 5, Idaho Code, an action under the provisions of this chapter must be commenced within two (2) years after the cause of action accrues and not thereafter.

(6) This statutory cause of action is not intended to abrogate the common law action for product disparagement or any other cause of action otherwise available.

[6-2003, added 1992, ch. 252, sec. 1, p. 737.]

Chapter 21 Protection of Public Employees

§ 6-2101 Legislative intent

The legislature hereby finds, determines and declares that government constitutes a large proportion of the Idaho work force and that it is beneficial to the citizens of this state to protect the integrity of government by providing a legal cause of action for public employees who experience adverse action from their employer as a result of reporting waste and violations of a law, rule or regulation.

[6-2101, added 1994, ch. 100, sec. 1, p. 227.]

§ 6-2102 Short title

This act is known as the "Idaho Protection of Public Employees Act."

[6-2102, added 1994, ch. 100, sec. 1, p. 227.]

§ 6-2103 Definitions

As used in this chapter:

(1) "Adverse action" means to discharge, threaten or otherwise discriminate against an employee in any manner that affects the employee’s employment, including compensation, terms, conditions, location, rights, immunities, promotions or privileges.

(2) "Communicate" means a verbal or written report.

(3) "Employee" means a person who performs a service for wages or other remuneration.

(4) (a) "Employer" means the state of Idaho, or any political subdivision or governmental entity eligible to participate in the public employees retirement system, chapter 13, title 59, Idaho Code;

(b) "Employer" includes an agent of an employer.

(5) "Public body" means any of the following:

(a) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, educational institution or any other body in the executive branch of state government;

(b) An agency, board, commission, council, institution member or employee of the legislative branch of state government;

(c) A county, city, town, regional governing body, council, school district, special district, municipal corporation, other political subdivision, board, department, commission, council, agency or any member or employee of them;

(d) Any other body that is created by state or local authority, or any member or employee of that body;

(e) A law enforcement agency or any member or employee of a law enforcement agency; and

(f) The judiciary and any member or employee of the judiciary.

[6-2103, added 1994, ch. 100, sec. 1, p. 227.]

§ 6-2104 Reporting of governmental waste or violation of law — Employer action

(1) (a) An employer may not take adverse action against an employee because the employee, or a person authorized to act on behalf of the employee, communicates in good faith the existence of any waste of public funds, property or manpower, or a violation or suspected violation of a law, rule or regulation adopted under the law of this state, a political subdivision of this state or the United States. Such communication shall be made at a time and in a manner that gives the employer reasonable opportunity to correct the waste or violation.

(b) For purposes of paragraph (a) of this subsection, an employee communicates in good faith if there is a reasonable basis in fact for the communication. Good faith is lacking where the employee knew or reasonably ought to have known that the report is malicious, false or frivolous.

(2) (a) An employer may not take adverse action against an employee because an employee in good faith participates or communicates information in good faith in an investigation, hearing, court proceeding, legislative or other inquiry, or other form of administrative review concerning the existence of any waste of public funds, property, or manpower, or a violation or suspected violation of a law, rule, or regulation adopted under the law of this state, a political subdivision of this state, or the United States.

(b) For purposes of paragraph (a) of this subsection, an employee participates or gives information in good faith if there is a reasonable basis in fact for the participation or the provision of the information. Good faith is lacking where the employee knew or reasonably ought to have known that the employee’s participation or the information provided by the employee is malicious, false or frivolous.

(3) An employer may not take adverse action against an employee because the employee has objected to or refused to carry out a directive that the employee reasonably believes violates a law or a rule or regulation adopted under the authority of the laws of this state, political subdivision of this state or the United States.

(4) An employer may not implement rules or policies that unreasonably restrict an employee’s ability to document the existence of any waste of public funds, property or manpower, or a violation or suspected violation of any laws, rules or regulations.

[6-2104, added 1994, ch. 100, sec. 1, p. 227; am. 2017, ch. 272, sec. 1, p. 712; am. 2020, ch. 295, sec. 1, p. 848.]

§ 6-2105 Remedies for employee bringing action — Proof required

(1) As used in this section, "damages" means damages for injury or loss caused by each violation of this chapter, and includes court costs and reasonable attorneys’ fees.

(2) An employee who alleges a violation of this chapter may bring a civil action for appropriate injunctive relief or actual damages, or both, within one hundred eighty (180) days after the occurrence of the alleged violation of this chapter.

(3) An action begun under this section may be brought in the district court for the county where the alleged violation occurred, the county where the complainant resides, or the county where the person against whom the civil complaint is filed resides or has his principal place of business.

(4) To prevail in an action brought under the authority of this section, the employee shall establish, by a preponderance of the evidence, that the employee has suffered an adverse action because the employee, or a person acting on his behalf, engaged or intended to engage in an activity protected under section 6-2104, Idaho Code.

(5) (a) In no action brought pursuant to this chapter shall a judgment for noneconomic damages be entered for a claimant exceeding the limitation on damages contained in section 6-1603(1), Idaho Code.

(b) The limitation contained in this subsection shall apply to the sum of noneconomic damages sustained by a claimant.

(c) Governmental entities and their employees shall not be liable for punitive damages on any claim allowed under the provisions of this section.

[6-2105, added 1994, ch. 100, sec. 1, p. 228; am. 2020, ch. 295, sec. 2, p. 849.]

§ 6-2106 Court orders for violation of chapter

A court, in rendering a judgment brought under this chapter, may order any or all of the following:

(1) An injunction to restrain continued violation of the provisions of this act;

(2) The reinstatement of the employee to the same position held before the adverse action, or to an equivalent position;

(3) The reinstatement of full fringe benefits and seniority rights;

(4) The compensation for lost wages, benefits and other remuneration;

(5) The payment by the employer of reasonable costs and attorneys’ fees;

(6) An assessment of a civil fine of not more than five hundred dollars ($500), which shall be submitted to the state treasurer for deposit in the general fund.

[6-2106, added 1994, ch. 100, sec. 1, p. 228.]

§ 6-2107 Award of attorneys’ fees and costs to employer — Action without basis in law or fact

A court may also order that reasonable attorneys’ fees and court costs be awarded to an employer if the court determines that an action brought by an employee under this chapter is without basis in law or in fact. However, an employee shall not be assessed attorneys’ fees under this section if, after exercising reasonable and diligent efforts after filing a suit, the employee files a voluntary dismissal concerning the employer, within a reasonable time after determining that the employer would not be liable for damages.

[6-2107, added 1994, ch. 100, sec. 1, p. 229.]

§ 6-2108 No impairment of employee rights under collective bargaining agreement — Confidentiality protected

This chapter shall not be construed to diminish or impair the rights of an employee under any collective bargaining agreement, nor to permit disclosures which would diminish or impair the rights of any person to the continued protection of confidentiality of communications where statute or common law provides such protection.

[6-2108, added 1994, ch. 100, sec. 1, p. 229.]

§ 6-2109 Notice of employee protection

An employer shall use appropriate means to notify its employees of their protection and obligation under this chapter.

[6-2109, added 1994, ch. 100, sec. 1, p. 229.]

Chapter 22 Constitutionally Based Educational Claims Act

§ 6-2201 Short title

This chapter shall be known and may be cited as the "Constitutionally Based Educational Claims Act."

[6-2201, added 1996, ch. 258, sec. 1, p. 845.]

§ 6-2202 Purpose of chapter — Definition of constitutionally based educational claim

Section 1, article IX, of the constitution of the state of Idaho provides: "The stability of a republican form of government depending mainly upon the intelligence of the people, it shall be the duty of the legislature of Idaho, to establish and maintain a general, uniform and thorough system of public, free common schools." The purpose of this chapter is to provide a mechanism for adjudicating the performance of that duty when there are allegations that public schools do not provide educational services that they are required to provide as part of a general, uniform and thorough system of public, free common schools. In this chapter, a constitutionally based educational claim is defined as a claim that public schools are not providing educational services that they are required to provide under section 1, article IX, of the constitution of the state of Idaho, and constitutionally required educational services are defined as the educational services that must be provided under section 1, article IX, of the constitution of the state of Idaho. In particular, this chapter provides procedures for adjudicating constitutionally based educational claims and administrative and judicial remedies to be implemented when public schools in a specific local school district are not providing constitutionally required educational services as part of a general, uniform and thorough system of public, free common schools that has been established by the legislature. It is the policy of this chapter whenever possible that constitutionally based educational claims shall be settled locally through consent agreements or plans proposed by local school districts and that state intervention in local school districts be a last resort.

[6-2202, added 1996, ch. 258, sec. 1, p. 845.]

§ 6-2203 System established under section 1, article IX

The legislature hereby declares that the statutes allowing the creation of or chartering local school districts and giving them authority to raise and spend moneys and to provide educational services are designed to establish and maintain a general, uniform and thorough system of public, free common schools. The legislature hereby declares that the public schools operated by and the educational services provided by local school districts, together with any public schools operated by the state, constitute the system of public, free common schools described in section 1, article IX of the constitution of the state of Idaho.

[6-2203, added 1996, ch. 258, sec. 1, p. 846.]

§ 6-2204 Responsibility for providing educational services required by the constitution

The legislature has established a system of public, free common schools by its authorization of the creation of or chartering of local school districts. Local school districts are hereby declared to have the primary responsibility for provision of constitutionally required educational services and for assuring themselves and the public that the local school districts are operating their schools as part of a general, uniform and thorough system of public, free common schools. When a local school district is unable to meet its responsibilities under this chapter because it does not provide constitutionally required educational services, this chapter provides judicial and administrative remedies to bring schools operated by the local school district into compliance with section 1, article IX, of the constitution of the state of Idaho and first prescribes local solutions where possible.

[6-2204, added 1996, ch. 258, sec. 1, p. 846.]

§ 6-2205 Right of action — Standing to sue

(1) Patron suits against local school districts. Any person who is a schoolchild, the parent or guardian of a schoolchild, or the parent or guardian of a child who will enter public school in the next two (2) years has standing to sue and may bring suit against the local school district in which the schoolchild or potential schoolchild resides on the ground that the local school district is not providing constitutionally required educational services. These complaints may be known as patron complaints, and the persons who are plaintiffs may be known as patrons. The patron complaint must list with specificity the manner in which the patrons contend that the local school district is not providing constitutionally required educational services. No other person, except the state as parens patriae, has standing to bring suit against a school district on the ground that the school district is not providing constitutionally required educational services.

(2) Parens patriae suit against districts. The state of Idaho, through the legislature or through the superintendent of public instruction, may bring suit against a school district on the ground that the school district is not providing constitutionally required educational services.

(3) Patron suits against the state. No person other than a patron authorized to bring suit against a school district under subsection (1) of this section has standing to bring suit against the state, the legislature, or any of the state’s officers or agencies on the ground that the state has not established and maintained a general, uniform and thorough system of public, free common schools. No patron with standing to bring suit against a school district may bring suit against the state, the legislature, or any of the state’s officers or agencies on the ground that the state has not established and maintained a general, uniform and thorough system of public, free common schools unless the patron has first brought suit against its local school district pursuant to subsection (1) of this section and the district court has later authorized the patron to add the state as a defendant as authorized by this section. Any patron suit against the state, the legislature, or any of the state’s officers or agencies not authorized by the district court pursuant to this section shall be dismissed.

(4) No other suits recognized. School districts are agents of the state for purposes of providing a general, uniform and thorough system of public, free common schools, and they have no standing to bring suit against the state for failure to establish and maintain a general, uniform and thorough system of public, free common schools. Any suit brought by a school district against the state, the legislature, or any of the state’s officers or agents contending that the state has not established a general, uniform and thorough system of public, free common schools shall be dismissed. There shall be no right of action by any person contending that there is not a general, thorough and uniform system of free common schools in this state except those authorized in subsections (1), (2) and (3) of this section naming with specificity the local school districts in which the plaintiffs live and with specificity the manner in which they contend that the public schools in that district are not providing constitutionally required educational services. Any other suit contending that there is not a general, thorough and uniform system of free, common schools shall be dismissed.

[6-2205, added 1996, ch. 258, sec. 1, p. 846.]

§ 6-2206 Patron complaints to be forwarded to attorney general

When a patron complaint is filed against a school district pursuant to this chapter, a copy of the complaint shall also be served on the attorney general, who shall notify the legislature and the superintendent of public instruction that the complaint has been filed. Either the legislature or the superintendent of public instruction may intervene as plaintiffs in the patron suit as a matter of right. No action shall be taken in the patron suit, except for the school district’s filing of an answer to the patron complaint, until a copy of the complaint has been forwarded to the attorney general and the legislature and the superintendent of public instruction have been given thirty-five (35) calendar days to decide whether to intervene as a matter of right as plaintiffs in the patron suit.

[6-2206, added 1996, ch. 258, sec. 1, p. 847.]

§ 6-2207 Bench trial

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

[6-2207, added 1996, ch. 258, sec. 1, p. 848.]

§ 6-2208 District court findings

Upon reaching the merits of the constitutionally based educational claim, the district court shall find whether the defendant local school district is providing all constitutionally required educational services. If the district court shall find that the defendant local school district is providing all constitutionally required educational services, it shall issue a declaratory judgment to that effect. If the district court shall find that the defendant local school district is not providing all constitutionally required educational services, the district court shall then conduct further proceedings as necessary to allow it to make the following findings:

(1) The local school district (a) does or does not offer educational or other services that are not constitutionally required, and (b) does or does not offer the constitutionally required educational services that it does offer in a manner that consumes more of the local school district’s resources than necessary to offer the constitutionally required educational services that it does offer.

(2) If the local school district (a) offers educational or other services that are not constitutionally required, or (b) offers some of the services that are constitutionally required in a manner that consumes more of the local school district’s resources than necessary to provide the constitutionally required educational services that it does offer, there is or is not a manner that resources devoted to offering services not constitutionally required or that consume more resources than necessary may be redirected to offer services that are constitutionally required but are not being offered. In making this finding, the district court shall take into account any federal mandates with which the local school district must comply, and the local school district shall not be obligated to redirect its resources from complying with federal mandates.

(3) The local school district (a) does or does not impose maintenance and operations tax levies, supplemental maintenance and operations tax levies, and school emergency fund levies up to the statutory maximum allowed by law without holding further elections, and (b) does or does not impose maintenance and operations tax levies, supplemental maintenance and operations tax levies, and school emergency fund levies in a total amount that equals or exceeds the sum of the maximum statutory maintenance and operations levy and maximum statutory emergency fund levy plus the simple average of all supplemental maintenance and operations levies of all the local school districts in the state. In making this calculation, the district court may take official notice of publications of the superintendent of public instruction or may by order direct the superintendent of public instruction to supply calculations for the district court’s use.

[6-2208, added 1996, ch. 258, sec. 1, p. 848.]

§ 6-2209 Remedies in suit against district — Continuing jurisdiction

(1) If the district court finds that the local school district offers educational or other services not federally mandated and not constitutionally required, or offers some of the services that are constitutionally required in a manner that consumes more of the local school district’s resources than necessary to provide the constitutionally required services that it does offer, it shall issue an order choosing from among the following remedies and retaining jurisdiction as required by this chapter. Any order accepting or modifying a consent agreement under subsection (2) of this section, accepting or modifying a plan under subsection (3) of this section, or directing school district action under subsection (4) of this section, shall be a final order for purposes of rehearing and appeal, but the filing of an appeal shall not itself stay the effect of the order, and the district court shall have continuing jurisdiction over compliance with the order or stay of the order unless stayed from continuing jurisdiction by the supreme court. The supreme court may stay the order or stay the district court’s continuing jurisdiction over compliance with the order on such grounds as it finds appropriate.

(2) The parties shall be given a reasonable time not to exceed thirty-five (35) calendar days to attempt to enter into a consent agreement for meeting the local school district’s obligations to provide constitutionally required educational services. If the parties cannot agree on a consent agreement within thirty-five (35) calendar days, the district court shall issue an order under subsection (3) or (4) of this section. If the parties submit a consent agreement, the district court shall independently review the consent agreement and may modify the consent agreement as it finds necessary in light of the local school district’s obligations to provide constitutionally required educational services. Following review, the district court shall enter an order accepting, modifying or rejecting the consent agreement and retaining jurisdiction over the case. If the district court rejects the consent agreement, it shall issue an order under subsection (3) or (4) of this section. An order accepting or modifying the consent agreement may require the local school district to impose maintenance and operations levies, supplemental maintenance and operations levies and emergency fund levies in the maximum amount allowed by law without an election and to impose an educational necessity levy as authorized in this chapter and defined in section 6-2214, Idaho Code.

(3) The local school district shall be given a reasonable time not to exceed thirty-five (35) calendar days to submit a plan for meeting its obligations to provide constitutionally required educational services. If the local school district does not submit a plan within thirty-five (35) calendar days, the district court shall issue an order under subsection (2) or (4) of this section. If the local school district submits a plan, the district court shall independently review the plan and any of the parties’ comments to the plan and may modify the plan as it finds necessary in light of the local school district’s obligations to provide constitutionally required educational services. Following review, the district court shall enter an order accepting, modifying or rejecting the plan and retaining jurisdiction over the case. If the district court rejects the plan, it shall issue an order under subsection (2) or (4) of this section.

(4) The district court may issue any of the following orders:

(a) If the local school district offers educational or other services not federally mandated and not constitutionally required, the district court may enjoin the local school district from offering some or all of those services not federally mandated and not constitutionally required.

(b) If the local school district offers some of the services that are constitutionally required in a manner that consumes more of the local school district’s resources than necessary to provide the constitutionally required services that it does offer, the district court may enjoin the local school district from offering some or all of the constitutionally required services in a manner that consumes more of the local district’s resources than necessary.

(c) If the local school district does not impose a maintenance and operations levy, a supplemental maintenance and operations levy, and an emergency fund levy in the maximum amounts allowed by law without an election, or if the sum of the local school district’s maintenance and operations levy, supplemental maintenance and operations levy, and emergency fund levy does not equal or exceed the maximum maintenance and operations levy and emergency fund levy that may be imposed by law plus the simple average supplemental maintenance and operations levy of all the school districts in the state, pursuant to section 6-2210, Idaho Code, the district court may order the local school district to impose maintenance and operations levies, supplemental maintenance and operations levies, and emergency fund levies in the maximum amount allowed by law without an election and to impose an educational necessity levy as authorized by this chapter.

(d) If the district court finds that any other order or mandate would assist the local school district in providing constitutionally required educational services, the district court may issue any order that it determines would assist the local school district in providing constitutionally required educational services.

[6-2209, added 1996, ch. 258, sec. 1, p. 848.]

§ 6-2210 Further inquiry about tax levies — Orders

(1) If the district court finds:

(a) That the local school district cannot offer federally mandated services and constitutionally required educational services because it does not have sufficient revenues; or

(b) That if the local school district were to offer the constitutionally required educational services that it does offer in a manner that consumes no more of the local school district’s resources than necessary, it would still be unable to offer federally mandated services and constitutionally required educational services because it does not have sufficient revenues;

then the district court shall then find the sum of the maintenance and operations levies, supplemental maintenance and operations levies, and emergency fund levies imposed by the local school district and compare the sum to the sum of maintenance and operations levies and emergency fund levies in the maximum amount allowed by law plus the simple average of the supplemental maintenance and operations levies imposed by all school districts in the state.

(2) Orders following further inquiry about tax levies.

(a) If the district court finds:

(i) That the local school district cannot offer federally mandated educational services and constitutionally required educational services because it does not have sufficient revenues;

(ii) That if the local school district were to offer the constitutionally required educational services in a manner that consumes no more of the local school district’s resources than necessary, it would still be unable to offer federally mandated educational services and constitutionally required educational services because it does not have sufficient revenues; and

(iii) That the sum of the local school district’s levies totaled in subsection (1) of this section equals or exceeds the comparison made in subsection (1) of this section;

the district court shall issue an order authorizing the plaintiffs to add the state and/or the legislature as defendants.

(b) If the district court finds:

(i) That the local school district cannot offer federally mandated educational services and constitutionally required educational services because it does not have sufficient revenues;

(iii) The sum of the local school district’s levies totaled in subsection (1) of this section do not equal or exceed the comparison made in subsection (1) of this section;

notwithstanding any other provision of law to the contrary, the district court shall issue an order directing the local school board to impose maintenance and operations levies and emergency fund levies in the maximum amount that may be imposed by law. Furthermore, if the sum of the maximum maintenance and operations levy and emergency fund levy that may be imposed by law plus the supplemental maintenance and operations levy does not exceed the comparison made in subsection (1) of this section, the district court shall order the local school board to adopt an educational necessity levy in an amount so that the sum of the maintenance and operations levy, the supplemental maintenance and operations levy, the emergency fund levy, and the educational necessity levy equals the comparison set forth in subsection (1) of this section. The district court shall issue an order directing that all tax revenues from the additional amounts levied pursuant to this subsection be directed first to meeting the local school district’s obligations to provide constitutionally required educational services, but may allow the local school district to reduce any of the levies that it was ordered to raise upon the local school district’s proof that it is then providing constitutionally required educational services. The district court shall have continuing jurisdiction to see that the additional tax revenues are spent according to its order.

[6-2210, added 1996, ch. 258, sec. 1, p. 850.]

§ 6-2211 District court’s continuing jurisdiction

When the district court has issued an order over which it has continuing jurisdiction under this chapter, the district court may review as necessary, but not less than annually, the question whether the local school district has complied with its obligation to offer constitutionally required educational services. Upon its review, the district court shall take the following actions:

(1) If the district court finds that the local school district has at that time complied with its obligation to provide constitutionally required educational services, it shall issue a declaratory judgment to that effect, and it may dissolve any orders previously in place as it finds appropriate.

(2) If the district court finds that the local school district has not yet complied with its obligations to provide constitutionally required educational services, but is making good faith progress toward compliance with its obligations to provide constitutionally required educational services, it shall issue an interlocutory finding to that effect and continue its jurisdiction.

(3) If the district court finds that:

(a) The local school district has not yet complied with its obligations to provide constitutionally required educational services;

(b) The local school district does not offer educational or other services not federally mandated or constitutionally required;

(c) The local school district does not offer constitutionally required educational services in a manner that consumes more of the local school district’s resources than necessary to provide the constitutionally required educational services that it does offer;

(d) The sum of the local school district’s maintenance and operations levy, supplemental maintenance and operations levy, emergency fund levy, and educational necessity levy equals or exceeds the comparison made in section 6-2210(1), Idaho Code; and

(e) The local school district does not have the resources to meet its obligation to provide constitutionally required educational services;

the district court shall issue an order authorizing the plaintiffs to add the state and/or the legislature as defendants.

(4) If the district court finds that the local school district has not yet complied with its obligations to provide constitutionally required educational services and is not making good faith efforts toward substantial compliance, it shall continue its jurisdiction and may issue such orders as it finds necessary to compel good faith efforts on the local school district’s part, including an order for state supervision.

[6-2211, added 1996, ch. 258, sec. 1, p. 852.]

§ 6-2212 State supervision

When authorized by law, the district court, or the state board of education pursuant to section 33-909, Idaho Code, may issue an order for state supervision of a local school district. When an order for state supervision of a local school district is entered by the district court, the superintendent of public instruction shall within thirty-five (35) calendar days appoint, at local school district expense, an officer to be known as a district supervisor. When an order for state supervision of a local school district is entered by the state board of education, the district supervisor shall be appointed pursuant to section 33-909, Idaho Code, at local school district expense. The district supervisor shall have authority to approve or disapprove any actions of the board of the local school district, to supervise or dismiss superintendents, assistant superintendents, and any other district administrative personnel, and to take any actions necessary to further the local school district’s obligations to provide constitutionally required educational services. In the case of appointment by the superintendent of public instruction, the district supervisor shall serve at the pleasure of the superintendent of public instruction until removed by the superintendent of public instruction or the superintendent of public instruction reports to the district court that the local school district is in substantial compliance with its obligations to provide constitutionally required educational services, or until the district court, upon its own motion or upon motion of any of the parties, orders state supervision to end. In the case of appointment by the state board of education, the district supervisor shall serve pursuant to section 33-909, Idaho Code.

[6-2212, added 1996, ch. 258, sec. 1, p. 852; am. 2006, ch. 311, sec. 2, p. 958.]

§ 6-2213 Suit against state

When the district court has authorized the plaintiffs to add the state or the legislature as defendants in a suit brought under this chapter, if the legislature is not already party to the suit, the legislature may move to reopen the proceedings to present evidence with regard to the district court’s findings that preceded the district court’s authorization to sue the state and/or the legislature, or it may stand on the record and findings before the district court. Following any additional evidence that may be offered after the state and/or the legislature is added as a defendant, if the district court finds that:

(1) The local school district has not yet complied with its obligations to provide constitutionally required educational services;

(2) The local school district does not offer educational or other services not federally mandated or constitutionally required;

(3) The local school district does not offer the constitutionally required educational services that it does offer in a manner that consumes more of the local school district’s resources than necessary to provide the constitutionally required educational services that it does offer;

(4) The sum of the local school district’s maintenance and operations levy, supplemental maintenance and operations levy, emergency fund levy, and educational necessity levy equal or exceed the comparison made in section 6-2210(1), Idaho Code; and

(5) The local school district does not have the resources to meet its obligation to provide constitutionally required educational services;

the district court shall enter a declaratory judgment finding that the system of public, free common schools established by law is unconstitutional as applied to the patrons of that local school district. If the district court cannot make all of these five (5) findings, it shall dismiss the complaint against the state and/or the legislature, but retain jurisdiction over the other defendants as necessary. The district court shall not issue any other final judgments or orders against the state and/or the legislature except as authorized by this section.

[6-2213, added 1996, ch. 258, sec. 1, p. 853.]

§ 6-2214 Educational necessity levy

(1) In general. There is hereby created an educational necessity levy that may be levied by a local school district as authorized in this chapter. The educational necessity levy shall expire upon order of the district court having jurisdiction over a suit brought under this chapter or five (5) years after it comes into existence, whichever comes first. An educational necessity levy authorized by this chapter may be imposed under the terms of this chapter, notwithstanding the provisions of section 63-802, Idaho Code.

(2) For safety and health. Notwithstanding any other provisions of this chapter, the district court may impose an educational necessity levy for the purpose of raising revenues to abate unsafe or unhealthy conditions that have been identified by findings of fact or a judgment of the district court, by a consent agreement that has been accepted (with or without modification) by the district court, or by a local school district plan to abate unsafe or unhealthy conditions that has been accepted (with or without modification) by the district court. The district court shall approve an educational necessity levy if it finds that the school district has no alternative source of revenue to use to abate unsafe or unhealthy conditions that have been identified by findings of fact or judgment of the district court, by a consent agreement that has been accepted (with or without modification) by the district court or by a local school district plan to abate unsafe or unhealthy conditions that has been accepted (with or without modification) by the district court. The limitations of sections 6-2209 and 6-2210, Idaho Code, regarding the calculation of and the maximum amount of the educational necessity levy do not apply to an educational necessity levy imposed to abate unsafe or unhealthy conditions that have been identified by findings of fact or a judgment of the district court, by a consent agreement that has been accepted (with or without modification) by the district court, or by a local school district plan to abate unsafe or unhealthy conditions that has been accepted (with or without modification) by the district court.

[6-2214, added 1996, ch. 258, sec. 1, p. 853; am. 2003, ch. 339, sec. 2, p. 914.]

§ 6-2215 Effect on pending lawsuits

(1) Chapter to apply to pending lawsuits. This chapter shall apply to any lawsuit pending on its effective date that has not proceeded to final judgment in the district court on the effective date of this amendment to this section if the lawsuit presents constitutionally based educational claims or counterclaims by any patrons or by the state of Idaho or state officers and shall apply to any lawsuit bringing a constitutionally based educational claim filed after its effective date.

(2) Procedure for pending lawsuits. If this chapter applies to a lawsuit pending on the effective date of this amendment to this section, all proceedings in the lawsuit shall be suspended for fifty-six (56) days from the effective date of this amendment to this section, except to notify the district court of the passage of this amendment and to allow refiling of complaints consistent with this subsection. Any patrons who are parties to such a lawsuit shall have the fifty-six (56) days of the suspension period to file parens patriae complaint(s) consistent with the requirements of this chapter. The legislature and superintendent of public instruction shall have the fifty-six (56) days of the suspension period to file parens patriae complaint(s) consistent with the requirements of this chapter. If a patron files a parens patriae complaint under this subsection, the legislature and the superintendent of public instruction may intervene as a matter of right pursuant to section 6-2206, Idaho Code, within the time period prescribed by section 6-2206, Idaho Code. If any complaints are filed under this subsection, separate complaints shall be filed for each school district that is a defendant, and venue for such a suit against a school district shall be in the county in which the school district maintains its principal business office. At the expiration of the fifty-six (56) day suspension period described in the first sentence of this subsection, any school districts that are defendants to patron suits or to parens patriae suits under this chapter shall be able to answer as provided by the Idaho rules of civil procedure. All further proceedings in such a suit shall be pursuant to this chapter.

(3) Dismissal of entities not parties and transfer of records in pending lawsuit. School districts that were parties to a lawsuit that presented constitutionally based educational claims or counterclaims on the effective date of this section and that are not defendants in any complaints filed pursuant to subsection (2) of this section shall no longer be parties and shall be dismissed from any proceedings that were suspended. Any defendant to a lawsuit that presented constitutionally based educational claims or counterclaims on the effective date of this section and who is not a defendant authorized by this chapter shall be dismissed from any proceeding that was suspended. Any plaintiff, defendant or an intervenor as of right to a lawsuit filed under subsection (2) of this section in which there is a school district that was a party to a lawsuit that presented constitutionally based educational claims or counterclaims and which lawsuit was suspended under subsection (2) of this section may designate the portions of the records of the suspended lawsuit that pertain to the school district. Upon written request of the plaintiff, the defendant, or an intervenor as of right or the court in a lawsuit filed under subsection (2) of this section, those parts of the record designated by the plaintiff, defendant or an intervenor as of right or the court shall be copied by the clerk of the district court of the suspended lawsuit and forwarded to the clerk of the district court presiding over the complaint filed under subsection (2) of this section and shall be included in the record of that case.

[6-2215, added 1996, ch. 258, sec. 1, p. 854; am. 2003, ch. 339, sec. 3, p. 915.]

§ 6-2216 Severability

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

[6-2216, added 1996, ch. 258, sec. 1, p. 854.]

Chapter 23 Claims Against Nursing Facilities

§ 6-2301 Prelitigation hearing panel — Licensed nursing facilities

In the event of an alleged negligence or wrongful death case involving a claim for damages against a licensed nursing facility operating in the state of Idaho, the Idaho board of long-term care administrators is directed to cooperate in providing a prelitigation hearing panel. The panel shall operate in the nature of a special civil grand jury and procedure for prelitigation consideration of personal injury and wrongful death claims for damages arising out of the provision of or alleged failure to provide medical, nursing, or health care services in the state of Idaho. The proceedings shall be informal and nonbinding, but shall be compulsory as a condition precedent to litigation. Proceedings conducted or maintained under the authority of this chapter shall at all times be subject to disclosure according to chapter 1, title 74, Idaho Code. Formal rules of evidence shall not apply and all proceedings shall be expeditious and informal.

[6-2301, added 1999, ch. 395, sec. 1, p. 1094; am. 2015, ch. 141, sec. 5, p. 381; am. 2025, ch. 98, sec. 4, p. 538.]

§ 6-2302 Appointment of hearing panel

The board of long-term care administrators shall provide for and appoint an appropriate panel or panels to accept and hear complaints of negligence and damages, made by or on behalf of any patient who is an alleged victim of negligence. The panels shall include one (1) person who is a then serving licensed administrator of a licensed nursing facility in the state of Idaho. One (1) additional member of each such panel shall be appointed by the commissioners of the Idaho state bar, which person shall be a resident lawyer licensed to practice law in the state of Idaho, and shall serve as chairman of the panel. The panelists so appointed shall select by unanimous decision a layman panelist who shall not be a lawyer, doctor or nursing facility employee but who shall be a responsible adult citizen of Idaho. All panelists shall swear under oath that they are without bias or conflict of interest as respects any matter under consideration.

[6-2302, added 1999, ch. 395, sec. 1, p. 1094; am. 2025, ch. 98, sec. 5, p. 538.]

§ 6-2303 Fees — Confidentiality

The Idaho board of long-term care administrators shall provide, by uniform policy of the board, for the payment of fees and expenses of members of panels, such payment to be made from the occupational licenses fund. Panel members shall serve upon the sworn commitment that all related matters shall be subject to disclosure or privilege according to chapter 1, title 74, Idaho Code.

[6-2303, added 1999, ch. 395, sec. 1, p. 1095; am. 2015, ch. 141, sec. 6, p. 381; am. 2025, ch. 98, sec. 6, p. 538.]

§ 6-2304 Application of laws

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

[6-2304, added 1999, ch. 395, sec. 1, p. 1095.]

Chapter 24 Liability for Emergency Responses

§ 6-2401 Liability for emergency responses

(1) Any person who knowingly enters into any area that has been closed to the public by competent authority for any reason, where such closure is posted by sign, barricade or other device, is liable for the expenses of an emergency response required to search for or rescue such person or, if the person was operating a vehicle, any of his or her passengers, plus expenses for the removal of any inoperable vehicle. This section shall not apply to any person who is authorized by the land owner, lessor or manager of the closed area, to be in the closed area, and further shall have no application to any federal, state or local government official who is in the closed area as part of his or her official duty, nor to any person acting in concert with a government authorized search or rescue.

(2) Unless otherwise provided by law, subsection (1) of this section shall apply only to persons eighteen (18) years of age or older and shall apply to all such persons irrespective of whether the person is on foot, on skis or snowshoes, or is operating a motor vehicle, bicycle, vessel, watercraft, raft, snowmobile, all-terrain vehicle, or any other boat or vehicle of any description.

(3) Unless otherwise provided by law, subsection (1) of this section shall only apply to the person who knowingly enters the closed area, and not to his or her family, heirs or assigns.

(4) Expenses of an emergency response are a charge against the person liable for those expenses pursuant to subsection (1) of this section. The charge constitutes a debt of that person and may be collected proportionately by the public agencies, for-profit entities and not-for-profit entities that incurred the expenses. The person’s liability for expenses of an emergency response shall not exceed four thousand dollars ($4,000) for a single incident. The liability imposed under this section is in addition to and not in limitation of any other liability that is imposed.

(5) An insurance policy may exclude coverage for a person’s liability for expenses of an emergency response under this section.

(6) Any public agency or private entity that receives full reimbursement from the state search and rescue fund shall not attempt to collect any money from the person. In such cases, the debt described in subsection (4) of this section is collectable by the state of Idaho for reimbursement to the state search and rescue fund.

(7) For purposes of this section:

(a) "Expenses of an emergency response" means those reasonable and necessary costs directly incurred by public agencies, for-profit entities or not-for-profit entities that make an appropriate emergency response to an incident, and shall include the cost of providing police, firefighting, search and rescue, and emergency medical services at the scene of an incident and the salaries of the persons who respond to the incident.

(b) "Public agency" means this state and any city, county, municipal corporation or other public authority that is located in whole or in part in this state and that provides police, firefighting, medical or other emergency services.

[6-2401, added 2002, ch. 267, sec. 1, p. 797; am. 2003, ch. 38, sec. 1, p. 157.]

§ 6-2402 Volunteer fire departments — Schedule of charges — Conditions for collection — Reports — Failure to pay

(1) As used in this section, "volunteer fire department" means a fire department organized as a nonprofit corporation with a primary purpose of firefighting, fire protection, or other emergency services, which has entered into an agreement with a validly organized city or county to provide fire fighting, fire protection, or other emergency services to a distinct service area.

(2) A volunteer fire department that provides services within a jurisdiction served by the department may establish a schedule of charges for the services that the department provides not to exceed the state fire marshal’s recommended schedule for services. The volunteer fire department or its agent may collect a service charge according to this schedule from the owner of property who receives service if the following conditions are met:

(a) At the following times, the department gives notice in a newspaper of general circulation on three (3) separate occasions in each political subdivision served by the department of the amount of the service charge for each service that the department provides:

(i) Before the schedule of service charges is initiated;

(ii) When there is a change in the amount of a service charge.

(b) The property owner has not sent written notice to the department to refuse service by the department to the owner’s property.

(i) Is submitted to the property owner in writing within thirty (30) days after services are provided; and

(ii) Includes a copy of a fire incident report in the form prescribed by the state fire marshal, if the service was provided for an event that requires a fire incident report.

(3) A volunteer fire department shall use the revenue collected from the fire service charges under this section for:

(a) The purchase of equipment, buildings and property for firefighting, fire protection or other emergency services;

(b) The ordinary and necessary expenses associated with firefighting, fire protection and other emergency services; and

(c) To pay principal and interest on a loan acquired for the purchase of equipment, buildings and property for firefighting, fire protection and other emergency services.

(4) A volunteer fire department that:

(a) Has contracted with a political subdivision to provide fire protection or emergency services, and

(b) Charges for services under the provisions of this section,

shall submit a report to the legislative body of the political subdivision before April 1 of each year indicating the amount of service charges collected during the previous calendar year and how those funds have been expended.

(5) The state fire marshal shall annually prepare and publish a recommended schedule of service charges for fire protection services.

(6) The volunteer fire department or its agent may maintain a civil action to recover an unpaid service charge authorized under the provisions of this section.

[6-2402, added 2005, ch. 305, sec. 1, p. 953.]

Chapter 25 Notice and Opportunity to Repair Act

§ 6-2501 Short title

This chapter shall be known and may be cited as the "Notice and Opportunity to Repair Act."

[6-2501, added 2003, ch. 133, sec. 1, p. 386.]

§ 6-2502 Definitions

Unless the context clearly requires otherwise, as used in this chapter:

(1) "Action" means any civil lawsuit or action in contract or tort for damages or indemnity brought against a construction professional to assert a claim, whether by complaint, counterclaim or cross-claim, for damage or the loss of use of real or personal property caused by a defect in the construction of a residence or in the substantial remodel of a residence. "Action" does not include any civil action in tort alleging personal injury or wrongful death to a person or persons resulting from a construction defect.

(2) "Association" means a homeowner’s association, condominium management body, unit owner’s organization or a nonprofit corporation created to own and operate portions of a planned community which has the power to assess unit owners to pay the costs and expenses incurred in the performance of the association’s obligations.

(3) "Claimant" means a homeowner or association that asserts a claim against a construction professional concerning a defect in the construction of a residence or in the substantial remodel of a residence.

(4) "Construction professional" means any person with a right to lien pursuant to section 45-501, Idaho Code, an architect, subdivision owner or developer, builder, contractor, subcontractor, engineer or inspector, performing or furnishing the design, supervision, inspection, construction or observation of the construction of any improvement to residential real property, whether operating as a sole proprietor, partnership, corporation, limited liability company or other business entity.

(5) "Homeowner" means:

(a) Any person who contracts with a construction professional for the construction, sale, or construction and sale of a residence; and

(b) An association as defined in this section.

"Homeowner" includes a subsequent purchaser of a residence from any homeowner.

(6) "Person" means an individual, an association as defined in this section, or a corporation, business trust, estate, trust, partnership, limited liability company, joint venture or other legal business entity.

(7) "Residence" means a single-family house, duplex, triplex, quadraplex, condominium or a unit in a multiunit residential structure in which title to each individual unit is transferred to the owner under a cooperative system.

(8) "Serve" or "service" means personal service or delivery by certified mail to the last known address of the addressee.

(9) "Substantial remodel" means a remodel of a residence, for which the total cost exceeds one-half (1/2) of the assessed value of the residence for property tax purposes at the time the contract for the remodel work was made.

[6-2502, added 2003, ch. 133, sec. 1, p. 386.]

§ 6-2503 Notice and opportunity to repair

(1) Prior to commencing an action against a construction professional for a construction defect, the claimant shall serve written notice of claim on the construction professional. The notice of claim shall state that the claimant asserts a construction defect claim against the construction professional and shall describe the claim in reasonable detail sufficient to determine the general nature of the defect. Any action commenced by a claimant prior to compliance with the requirements of this section shall be dismissed by the court without prejudice and may not be recommenced until the claimant has complied with the requirements of this section. If a written notice of claim is served under this section within the time prescribed for the filing of an action under this chapter, the statute of limitations for construction-related claims is tolled until sixty (60) days after the period of time during which the filing of an action is barred.

(2) Within twenty-one (21) days after service of the notice of claim, the construction professional shall serve a written response on the claimant. The written response shall:

(a) Propose to inspect the residence that is the subject of the claim and to complete the inspection within a specified time frame. The proposal shall include the statement that the construction professional shall, based on the inspection, offer to remedy the defect, compromise by payment, or dispute the claim;

(b) Offer to compromise and settle the claim by monetary payment without inspection; or

(c) State that the construction professional disputes the claim and will neither remedy the construction defect nor compromise and settle the claim.

(3) (a) If the construction professional disputes the claim or does not respond to the claimant’s notice of claim within the time stated in subsection (2) of this section, the claimant may bring an action against the construction professional for the claim described in the notice of claim without further notice.

(b) If the claimant rejects the inspection proposal or the settlement offer made by the construction professional pursuant to subsection (2) of this section, the claimant shall serve written notice of the claimant’s rejection on the construction professional. After service of the rejection, the claimant may bring an action against the construction professional for the construction defect claim described in the notice of claim. If the construction professional has not received from the claimant, within thirty (30) days after the claimant’s receipt of the construction professional’s response, either an acceptance or rejection of the inspection proposal or settlement offer, then at anytime thereafter the construction professional may terminate the proposal or offer by serving written notice to the claimant, and the claimant may thereafter bring an action against the construction professional for the construction defect claim described in the notice of claim.

(4) (a) If the claimant elects to allow the construction professional to inspect in accordance with the construction professional’s proposal pursuant to subsection (2)(a) of this section, the claimant shall provide the construction professional and its contractors or other agents reasonable access to the claimant’s residence during normal working hours to inspect the premises and the claimed defect.

(b) Within fourteen (14) days following completion of the inspection, the construction professional shall serve on the claimant:

(i) A written offer to remedy the construction defect at no cost to the claimant, including a report of the scope of the inspection, the findings and results of the inspection, a description of the additional construction necessary to remedy the defect described in the claim and a timetable for the completion of such construction;

(ii) A written offer to compromise and settle the claim by monetary payment pursuant to subsection (2)(b) of this section; or

(iii) A written statement that the construction professional will not proceed further to remedy the defect.

(c) If the construction professional does not proceed further to remedy the construction defect within the agreed timetable, or if the construction professional fails to comply with the provisions of subsection (4)(b) of this section, the claimant may bring an action against the construction professional for the claim described in the notice of claim without further notice.

(d) If the claimant rejects the offer made by the construction professional pursuant to subsection (4)(b)(i) or (ii) of this section to either remedy the construction defect or to compromise and settle the claim by monetary payment, the claimant shall serve written notice of the claimant’s rejection on the construction professional. After service of the rejection notice, the claimant may bring an action against the construction professional for the construction defect claim described in the notice of claim. If the construction professional has not received from the claimant, within thirty (30) days after the claimant’s receipt of the construction professional’s response, either an acceptance or rejection of the offer made pursuant to subsection (4)(b)(i) or (ii) of this section, then at any time thereafter the construction professional may terminate the offer by serving written notice to the claimant.

(5) (a) Any claimant accepting the offer of a construction professional to remedy the construction defect pursuant to subsection (4)(b)(i) of this section shall do so by serving the construction professional with a written notice of acceptance within a reasonable time period after receipt of the offer and no later than thirty (30) days after receipt of the offer. The claimant shall provide the construction professional and its contractors or other agents reasonable access to the claimant’s residence during normal working hours to perform and complete the construction by the timetable stated in the offer.

(b) The claimant and construction professional may, by written mutual agreement, alter the extent of construction or the timetable for completion of construction stated in the offer including, but not limited to, repair of additional defects.

(6) Written or oral statements made by a claimant or by a construction professional in the course of complying with the procedures required or authorized by this section shall not be considered an admission of liability and shall not be admissible in an action subject to this section.

(7) Nothing in this section shall be construed to prevent a claimant from commencing an action on the construction defect claim described in the notice of claim if the construction professional fails to perform the construction agreed upon, fails to remedy the defect or fails to perform by the timetable agreed upon pursuant to subsection (4)(b) or (5)(b) of this section.

[6-2503, added 2003, ch. 133, sec. 1, p. 387.]

§ 6-2504 Limitation on damages

(1) In a suit subject to section 6-2503, Idaho Code, the claimant may recover only the following damages proximately caused by a construction defect:

(a) The reasonable cost of repairs necessary to cure any construction defect, including any reasonable and necessary engineering or consulting fees required to evaluate and cure the construction defect, that the contractor is responsible for repairing under this chapter;

(b) The reasonable expenses of temporary housing reasonably necessary during the repair period;

(d) Reasonable and necessary attorney’s fees.

(2) If a construction professional fails to make a reasonable offer as required under section 6-2503, Idaho Code, or fails to make a reasonable attempt to complete the repairs specified in an accepted offer, or fails to complete, in a good and workmanlike manner, the repairs specified in an accepted offer, the limitations on damages and defenses to liability provided for in this section shall not apply.

(3) If a claimant denies a request to inspect as provided for in section 6-2503, Idaho Code, unreasonably rejects an offer to remedy the construction defect or does not permit the construction professional a reasonable opportunity to repair the defect pursuant to an accepted offer of settlement, the claimant may not recover an amount in excess of:

(a) The reasonable cost of the offered repairs which are necessary to cure the construction defect and which are the responsibility of the construction professional; or

(b) The amount of a reasonable monetary settlement offer made under section 6-2503, Idaho Code; and

(c) The amount of reasonable and necessary attorney’s fees and costs incurred before the offer was rejected or considered rejected.

(4) The total damages awarded in a suit subject to this chapter may not exceed the greater of the claimant’s purchase price for the residence or the current fair market value of the residence without the construction defect.

(5) A builder, under the principles of comparative fault pertaining to affirmative defenses, may be excused, in whole or in part, from any obligation, damage, loss or liability if the builder can demonstrate any of the following affirmative defenses in response to the claimed construction defect action:

(a) An unforeseen act of nature caused the structure not to meet the standard. For purposes of this section, an "unforeseen act of nature" means a weather condition, earthquake or man-made event such as war, terrorism or vandalism, in excess of the design criteria expressed by the applicable building codes, regulations and ordinances in effect at the time of original construction.

(b) The homeowner unreasonably failed to minimize or prevent those damages in a timely manner. Such failure includes the failure of the homeowner to allow reasonable and timely access for inspections and repairs under this chapter or to give timely notice to the builder after discovery of a construction defect, but does not include damages due to the untimely or inadequate response of a builder to the homeowner’s claim of a construction defect.

(c) The homeowner or his or her agent, employee, subcontractor, independent contractor or consultant failed to follow the builder’s or manufacturer’s recommendations or commonly accepted homeowner maintenance obligations. In order to rely upon this defense as it relates to a builder’s recommended maintenance schedule, the builder must show that the homeowner had written notice of these schedules and recommendations and that the schedules and recommendations were reasonable at the time they were issued.

(d) The damage or loss was caused by the homeowner’s or his or her agent’s or an independent third party’s alterations, ordinary wear and tear, misuse, abuse or neglect, or by the structure’s use for something other than its intended purpose.

(e) The time period for filing actions bars the claim.

(f) The action relates to a particular claim for which the builder has obtained a valid release.

(g) The builder’s repair was successful in correcting the particular claimed construction defect to the applicable standard.

(6) All applicable affirmative defenses are preserved for causes of action to which this chapter does not apply.

[6-2504, added 2003, ch. 133, sec. 1, p. 389.]

Chapter 26 Clandestine Drug Laboratory Cleanup Act

§ 6-2601 Short title

This chapter shall be known and may be cited as the "Clandestine Drug Laboratory Cleanup Act."

[6-2601, added 2005, ch. 215, sec. 1, p. 687.]

§ 6-2602 Purpose

The legislature finds that some residential properties are being contaminated with hazardous chemical residues created by the manufacture of clandestine drugs. Innocent members of the public may be harmed when they are exposed to chemical residues if the residential properties are not decontaminated prior to any subsequent rental, sale or use of the properties. The purpose of this chapter is to protect the public health, safety and welfare by establishing a program providing a process and standards for the cleanup of clandestine drug laboratories.

[6-2602, added 2005, ch. 215, sec. 1, p. 687; am. 2025, ch. 84, sec. 1, p. 394.]

§ 6-2603 Definitions

As used in this chapter, unless the context otherwise requires:

(1) "Clandestine drug laboratory" means the areas where controlled substances or their immediate precursors, as those terms are defined in section 37-2701, Idaho Code, have been, or were attempted to be, manufactured, processed, cooked, disposed of or stored, and all proximate areas that are likely to be contaminated as a result of such manufacturing, processing, cooking, disposing or storing.

(2) "Department" means the Idaho department of health and welfare.

(3) "Law enforcement agency" means any policing agency of the state or of any political subdivision of the state.

(4) "Qualified industrial hygienist" means an individual who is:

(a) Certified in comprehensive practice by the American board of industrial hygiene; or

(b) Registered as a member of the association of professional industrial hygienists.

(5) "Residential property" means any building or structure to be primarily occupied by people, either as a dwelling or as a business, including a storage facility, mobile home, manufactured home or recreational vehicle that may be sold, leased or rented for any length of time. "Residential property" does not include any water system, sewer system, land or water outside of a building or structure.

(6) "Residential property owner" means the person holding record title to residential property, as defined in this section.

[6-2603, added 2005, ch. 215, sec. 1, p. 687; am. 2025, ch. 84, sec. 2, p. 394.]

§ 6-2604 Department responsibility

(1) Upon notification by a law enforcement agency or a property owner who voluntarily reports a property, the department shall place the property on the clandestine drug laboratory site property list.

(2) When a property is determined by a qualified industrial hygienist to meet the cleanup standard in this chapter or the property owner submits documentation establishing that the property has been fully and lawfully demolished, the department shall issue the property owner a dated certificate of delisting.

[6-2604, added 2025, ch. 84, sec. 4, p. 394.]

§ 6-2605 Law enforcement agency responsibility

A law enforcement agency, upon locating chemicals, equipment, supplies or immediate precursors indicative of a clandestine drug laboratory on a residential property, shall notify the residential property owner and the department within seventy-two (72) hours using the department-approved form and shall post a sign on the property.

[6-2605, added 2005, ch. 215, sec. 1, p. 688; am. 2025, ch. 84, sec. 5, p. 395.]

§ 6-2606 Residential property owner cleanup responsibility

(1) Except as otherwise provided in subsection (2) of this section, upon notification to a residential property owner by a law enforcement agency that chemicals, equipment, supplies or immediate precursors indicative of a clandestine drug laboratory have been located on the owner’s residential property, the residential property owner shall meet the cleanup standards established by the department. The residential property shall remain vacant from the time the residential property owner is notified of the clandestine drug laboratory until such time as the residential property owner has received a certificate issued by the department evidencing that the cleanup standards have been met.

(2) A residential property owner may, at his or her option, elect to demolish the residential property instead of meeting the cleanup standards established by the department.

[6-2606, added 2005, ch. 215, sec. 1, p. 688; am. 2025, ch. 84, sec. 6, p. 395.]

§ 6-2607 Residential property owner immunity

Once a residential property meets the cleanup standards established in this chapter, the residential property owner and any representative or agent of the residential property owner shall be immune from civil actions involving health claims brought by any future owner, renter or other person who occupies the residential property, and by any neighbor of such residential property, where the alleged cause of injury or loss is based upon the use of the residential property for the purposes of a clandestine drug laboratory, provided however, that such immunity shall not apply to any person alleged to have produced the clandestine drugs.

[6-2607, added 2005, ch. 215, sec. 1, p. 688; am. 2025, ch. 84, sec. 7, p. 395.]

§ 6-2608 Voluntary compliance

Any residential property owner who chooses to voluntarily and successfully accomplish the cleanup standards established by this chapter, whether or not such owner was notified by a law enforcement agency, shall be afforded the protections from civil actions provided in section 6-2607, Idaho Code.

[6-2608, added 2005, ch. 215, sec. 1, p. 688; am. 2025, ch. 84, sec. 8, p. 395.]

§ 6-2609 Clearance sampling requirements

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

(2) Sample locations shall be photographed and show the floor plan of the property, and such photos shall be included in the requisite final report.

(3) Samples shall be obtained, preserved, and handled under professional standards for the types of samples and analytical testing to be conducted under the chain of custody protocol.

(4) Samples shall be analyzed by a laboratory certified by the United States environmental protection agency or accredited by the American industrial hygiene association laboratory accreditation program for the analyte being analyzed.

(5) Sampling locations shall be numerically identified, and the numbered sampling locations shall be delineated on the floor plan, visible in photographs, and linked to samples.

(6) Standard three (3) inch by three (3) inch gauze shall be used for all sampling. The gauze shall be wetted with analytical grade methanol or isopropanol and each surface wiped at least five (5) times in two (2) perpendicular directions, and the gauze shall be turned onto itself throughout the wiping process.

(7) After sampling, the sample shall be placed in a new, clean sample container and sealed with a teflon-lined lid. The sample container shall be labeled with the site or project identification number, date, time, and sample location and shall be handled by professional standards and conducted under the chain of custody protocol.

(8) Discrete sampling shall be used in areas expected to have the highest levels of contamination as identified on the department-approved form. A ten (10) centimeter by ten (10) centimeter area shall be sampled from non-porous surfaces such as floors, walls, appliances, sinks, or countertops in each room. The sample area shall be composed of no fewer than three (3) discrete samples.

(9) All other rooms of the property with the lowest levels of contamination shall be sampled using one (1) discrete sample per room.

(10) A ten (10) centimeter by ten (10) centimeter area shall be sampled from the ventilation system in a location to be determined by the qualified industrial hygienist.

[6-2609, added 2025, ch. 84, sec. 9, p. 395.]

§ 6-2610 Cleanup standards

The following cleanup standards must be met:

(1) A level of methamphetamine that does not exceed a concentration of one-tenth (0.1) of a microgram per one hundred (100) square centimeters as demonstrated by clearance sampling conducted by a qualified industrial hygienist.

(2) If a porous surface has a level of methamphetamine that does not exceed a concentration of five-tenths (0.5) of a microgram per one hundred (100) square centimeters as demonstrated by clearance sampling conducted by a qualified industrial hygienist, an adequate coating or sealant appropriate to the material may be used as a method to meet the cleanup standard.

(3) Standards may be established for the cleanup of other controlled substances found in clandestine drug laboratories on an individual basis, based on an inventory of chemicals found, and after consultation with the department, the property owner, law enforcement, and a qualified industrial hygienist.

[6-2610, added 2025, ch. 84, sec. 10, p. 396.]

§ 6-2611 Reporting requirements

(1) For a property to be delisted, the property owner must provide the department with an original or certified copy of the final report that includes the following from a qualified industrial hygienist:

(a) The property description, including physical street address, city, zip code, legal description, ownership, and number and type of structures present;

(b) Documentation of sampling procedures and analytical results from a laboratory as specified in this chapter; and

(c) A qualified industrial hygienist statement of qualifications, including professional certification or documentation, and a signed certification stating: "I certify that the cleanup standard established by Idaho Code has been met as evidenced by testing I conducted."

(2) If the property owner chooses to demolish the property, documentation shall be provided to the department showing that the structure was completely and lawfully demolished and disposed of complying with local, state, and federal laws and regulations.

[6-2611, added 2025, ch. 84, sec. 11, p. 397.]

Chapter 27 Idaho Sport Shooting Activities Immunity Act

§ 6-2701 Definitions

As used in this chapter:

(1) "Engaged in sport shooting activities" means entering and exiting a sport shooting range, preparing to shoot, waiting to shoot, shooting and assisting another person in shooting. The term includes being a spectator, receiving training or otherwise being present on a sport shooting range for any reason;

(2) "Participant" means any person who engages in sport shooting activities, whether or not a fee is paid to participate in such sport shooting activities;

(3) "Sport shooting activities" means the use of firearms, airguns and archery equipment for target practice, competition, training, instruction or other similar activities;

(4) "Sport shooting instructor" means a person who holds a current instructor certification issued by the Idaho department of fish and game, the Idaho state police, the national rifle association or other nationally recognized organization, which certifies shooting instructors who are engaged, whether or not for compensation, in instructing, training or coaching a participant in sport shooting activities;

(5) "Sport shooting official” means a person who holds a current certification as a referee, match director, range officer, range master or other similar function issued by the national rifle association, United States practical shooting association, national range officers institute, USA shooting, international shooting sports federation or other nationally or internationally recognized organization which certifies match officials who are engaged in supervising sport shooting activities;

(6) "Sport shooting range" or "range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery or any other similar sport shooting;

(7) "Sport shooting range operator" means an individual, group or club, partnership, limited liability company or corporation, whether or not operating for profit, which owns, operates or otherwise provides a range for sport shooting activities; and

(8) "Sport shooting sponsor" means an individual, group or club, partnership, limited liability company or corporation, whether or not operating for profit, which promotes or conducts sport shooting activities.

[6-2701, added 2009, ch. 195, sec. 1, p. 628.]

§ 6-2702 Limitation of liability on sport shooting activities

(1) Except as provided in subsection (2) or (3) of this section, a sport shooting range operator, sport shooting sponsor, sport shooting official or sport shooting instructor shall not be liable for any injury, including an injury causing death, to a participant engaged in sport shooting activities and, except as provided in subsection (2) or (3) of this section, no participant or participant’s representative, may maintain an action against, or recover from, a sport shooting range operator, sport shooting sponsor, sport shooting official or sport shooting instructor for an injury to, or the death of, a participant engaged in sport shooting activities.

(2) Nothing in subsection (1) of this section shall prevent or limit the liability of a sport shooting range operator, sport shooting sponsor, sport shooting official or sport shooting range instructor:

(a) If the sport shooting range operator, sport shooting sponsor, sport shooting official or sport shooting instructor:

(i) Commits an act or omission that constitutes gross negligence or willful and wanton disregard for the safety of the participant and that act or omission caused the injury;

(ii) Intentionally injures the participant;

(iii) Fails to exercise ordinary care in the sport shooting range operator’s, sport shooting sponsor’s, sport shooting official’s or sport shooting instructor’s own use of a firearm, airgun or archery equipment; or

(iv) Provides firearms, airguns or archery equipment to a participant and fails to exercise ordinary care to determine that the provided firearms, airguns or archery equipment are in a safe operating condition.

(b) Under liability provisions as set forth in the products liability laws;

(d) Under the provisions of the Idaho worker’s compensation law, section 72-101, Idaho Code, et seq.

(3) Nothing in subsection (1) of this section shall prevent or limit the liability of a sport shooting range operator if a participant sustains an injury because of a dangerous latent condition which was known or should have been known to the sport shooting range operator and for which warning signs had not been conspicuously posted.

(4) Nothing in this section shall be construed to enlarge or otherwise adversely affect the liability of any party. This section shall not be construed to impair any defense and any other immunity or bar to a civil lawsuit shall remain in effect.

[6-2702, added 2009, ch. 195, sec. 1, p. 629.]

Chapter 28 Liability of Out-of-State Emergency Responder

§ 6-2801 Definitions

As used in this chapter:

(1) "Emergency" means the occurrence or imminent threat of a condition threatening life or property which requires emergency assistance.

(2) "Emergency responder" means a person employed by or who is a bona fide member of a governmental entity of another state of the United States including, but not limited to, a legally organized law enforcement agency, a legally organized fire department or a licensed emergency medical service provider, and whose primary duty is to serve or protect the safety or life of any person or to protect property. Emergency responder includes, but is not limited to, peace officers, firefighters, ambulance attendants, emergency medical technicians, search and rescue personnel and park rangers.

[6-2801, added 2010, ch. 138, sec. 1, p. 292.]

§ 6-2802 Liability of out-of-state emergency responder

An emergency responder who enters this state in response to an emergency shall not be liable to another person for damages or injury arising from the conduct of the emergency responder in rendering services in response to an emergency unless it is shown that the emergency responder caused injury or damages to such person as a proximate result of his reckless, grossly negligent or intentional misconduct.

[6-2802, added 2010, ch. 138, sec. 1, p. 292.]

Chapter 29 Livestock Activities Immunity Act

§ 6-2901 Definitions

For purposes of this section, the following terms have the following meanings:

(1) "Livestock" means cattle, sheep, swine, goats, llamas, alpacas or poultry.

(2) "Livestock activity" means livestock shows, fairs, competitions, performances, races or parades.

(3) "Livestock activity sponsor" means an individual, group or club, partnership or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes or provides the facilities for a livestock activity including, but not limited to, 4-H clubs, school and college sponsored classes and programs and operators, instructors and promoters of livestock facilities including, but not limited to, fairs and arenas at which the activity is held.

(4) "Livestock professional" means a person engaged for compensation in:

(a) Instructing a participant or renting livestock to a participant; or

(b) Renting equipment to a participant.

(5) "Participant" means any person, whether amateur or professional, who directly engages in a livestock activity, whether or not a fee is paid to participate in the livestock activity.

[(6-2901) 6-2801, added 2010, ch. 138, sec. 1, p. 292; am. and redesig. 2011, ch. 151, sec. 5, p. 415.]

§ 6-2902 Limitation of liability on livestock activities

(1) Except as provided in subsections (2) and (3) of this section, a livestock activity sponsor or a livestock professional shall not be liable for any injury to or the death of a participant or livestock engaged in a livestock activity and, except as provided in subsections (2) and (3) of this section, no participant nor participant’s representative may maintain an action against or recover from a livestock activity sponsor or a livestock professional for an injury to or the death of a participant or livestock engaged in a livestock activity.

(2) The provisions of this chapter do not apply to the horse or mule racing industry as regulated in chapter 25, title 54, Idaho Code, or to equines regulated in chapter 18, title 6, Idaho Code.

(3) Nothing in subsection (1) of this section shall prevent or limit the liability of a livestock activity sponsor or a livestock professional:

(a) If the livestock activity sponsor or the livestock professional:

(i) Provided equipment and the equipment caused the injury;

(ii) Provided the livestock and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the livestock activity, determine the ability of the livestock to behave safely with the participant, and to determine the ability of the participant to safely manage the particular livestock;

(iii) Owns, leases, rents or otherwise is in lawful possession and control of the land or facilities upon which the participant or livestock sustained injuries because of a dangerous latent condition which was known to or should have been known to the livestock activity sponsor or the livestock professional and for which warning signs have not been conspicuously posted;

(iv) Commits an act or omission that is unreasonable or willfully disregards the safety of the participant or livestock and that act or omission caused the injury; or

(v) Intentionally injures the participant or livestock;

(b) Under liability provisions as set forth in the products liability laws; or

[(6-2902) 6-2802, added 2010, ch. 138, sec. 1, p. 292; am. and redesig. 2011, ch. 151, sec. 6, p. 416.]

Chapter 30 Idaho Agritourism Promotion Act

§ 6-3001 Short title

This act shall be known as the "Idaho Agritourism Promotion Act."

[6-3001, added 2013, ch. 177, sec. 1, p. 412.]

§ 6-3002 Purpose

The legislature finds that agriculture plays a substantial role in the economy, culture and history of Idaho. As an increasing number of Idahoans are removed from day-to-day agricultural experiences, agritourism provides a valuable opportunity for the general public to interact with, experience and understand agriculture. Inherent risks exist on farms and ranches, the elimination of which would diminish the agritourism experience. Uncertainty of potential liability associated with inherent risks has a negative impact on the establishment and success of agritourism operations.

[6-3002, added 2013, ch. 177, sec. 1, p. 412.]

§ 6-3003 Definitions

As used in this chapter, the term:

(1) "Agritourism activity" means any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment or educational purposes, to view or enjoy rural activities including, but not limited to, farming, ranching, historic, cultural, on-site educational programs, recreational farming programs that may include on-site hospitality services, guided and self-guided tours, bed and breakfast accommodations, petting zoos, farm festivals, corn mazes, harvest-your-own operations, hayrides, barn parties, horseback riding, fee fishing and camping. An activity is an agritourism activity whether or not the participant paid to participate in the activity.

(2) "Agritourism professional" means any person who is engaged in the business of providing one (1) or more agritourism activities, whether or not for compensation.

(3) "Inherent risks of agritourism activity" means those dangers or conditions that are an integral part of an agritourism activity including certain hazards, including surface and subsurface conditions, natural conditions of land, vegetation, waters, the behavior of wild or domestic animals and ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. Inherent risks of agritourism activity also include the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in the agritourism activity.

(4) "Participant" means any person, other than the agritourism professional, who engages in an agritourism activity.

(5) "Person" means an individual, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government or any other group acting as a unit.

[6-3003, added 2013, ch. 177, sec. 1, p. 412.]

§ 6-3004 Liability

(1) Except as provided in subsection (2) of this section, an agritourism professional is not liable for injury to or death of a participant resulting from the inherent risks of agritourism activities, so long as the warning contained in section 6-3005, Idaho Code, is posted as required and, except as provided in subsection (2) of this section, no participant or participant’s representative can maintain an action against or recover from an agritourism professional for injury, loss, damage or death of the participant resulting from any of the inherent risks of agritourism activities. In any action for damages against an agritourism professional for agritourism activities, the agritourism professional must plead the affirmative defense of assumption of the risk of agritourism activity by the participant.

(2) Nothing in subsection (1) of this section prevents or limits the liability of an agritourism professional if the agritourism professional does any one (1) or more of the following:

(a) Commits an act or omission that constitutes negligence or willful or wanton disregard for the safety of the participant, and that act or omission proximately causes injury, damage or death to the participant;

(b) Has actual knowledge or reasonably should have known of a dangerous condition on the land, facilities or equipment used in the activity or the dangerous propensity of a particular animal used in such activity and does not make the danger known to the participant, and the danger proximately causes injury, damage or death to the participant.

(3) Any limitation on legal liability afforded by this section to an agritourism professional is in addition to any other limitations of legal liability otherwise provided by law.

[6-3004, added 2013, ch. 177, sec. 1, p. 412.]

§ 6-3005 Warning required

(1) Every agritourism professional must post and maintain signs that contain the warning notice specified in subsection (2) of this section. The sign must be placed in a clearly visible location at the entrance to the agritourism location and at the site of the agritourism activity. The warning notice must consist of a sign in black letters, with each letter to be a minimum of one (1) inch in height. Every written contract entered into by an agritourism professional for the providing of professional services, instruction or the rental of equipment to a participant, whether or not the contract involves agritourism activities on or off the location or at the site of the agritourism activity, must contain in clearly readable print the warning notice specified in subsection (2) of this section.

(2) The signs and contracts described in subsection (1) of this section must contain the following notice of warning:

WARNING

Under Idaho law, there are risks associated with agritourism, which could lead to injury or death. You are assuming these risks. Section 6-3004, Idaho Code.

(3) Failure to comply with the requirements concerning warning signs and notices provided in this section shall prevent an agritourism professional from invoking the privileges of immunity provided by the provisions of this chapter.

[6-3005, added 2013, ch. 177, sec. 1, p. 413.]

§ 6-3006 Taxation status

The use of a farm or ranch to conduct an agritourism activity shall not affect the assessment of the property as land actively devoted to agriculture as provided in section 63-604, Idaho Code.

[6-3006, added 2013, ch. 177, sec. 1, p. 413.]

Chapter 31 Liability of Land Possessor to Trespasser

§ 6-3101 Duty of land possessor to trespasser

A possessor of any interest in real property, including an owner, lessee or other lawful occupant, owes no duty of care to a trespasser, except to refrain from intentional or willful and wanton acts that cause injury to the trespasser.

[6-3101, added 2018, ch. 350, sec. 4, p. 828.]

§ 6-3102 Attractive Nuisance

Nothing in this chapter shall affect the common law doctrine of attractive nuisance.

[6-3102, added 2018, ch. 350, sec. 4, p. 828.]

§ 6-3103 Applicability

This chapter does not create or increase the liability of any possessor of real property and does not affect any other statutory or common law immunities from or defenses to civil liability to which a possessor of real property may be entitled.

[6-3103, added 2018, ch. 350, sec. 4, p. 828.]

Chapter 32 Foreign Defamation Judgments

§ 6-3201 Definitions

For purposes of this chapter:

(1) "Foreign defamation action" means a legal proceeding instituted in a jurisdiction outside of any state or territory of the United States which was founded on a cause of action arising from allegations of defamation, libel, or slander.

(2) "Foreign defamation judgment" means a judgment or decree rendered in a jurisdiction outside of any state or territory of the United States which was founded on a cause of action arising from allegations of defamation, libel, or slander.

[6-3201, added 2019, ch. 293, sec. 1, p. 872.]

§ 6-3202 Foreign defamation judgment

(1) A foreign defamation judgment is not conclusive if any of the following apply:

(a) The judgment was rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of law;

(b) The foreign court did not have personal jurisdiction over the defendant; or

(2) A foreign defamation judgment shall not be recognized, granted comity, or operate as res judicata or collateral estoppel if any of the following apply:

(a) The defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him to provide a defense;

(b) The judgment was obtained by fraud;

(c) The cause of action or claim for relief on which the judgment is based is repugnant to the public policy of this state;

(d) The judgment conflicts with another final and conclusive order;

(e) The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be settled other than by proceedings in that court;

(f) In the case of jurisdiction based only on personal service, the foreign court was an inconvenient forum for the trial of the action;

(g) The foreign jurisdiction where judgment was rendered would not give recognition to a similar judgment rendered in this state; or

(h) The court sitting in this state before which the matter is brought determines that the defamation law applied in the adjudication by the foreign court failed to provide at least as much protection for freedom of speech and press in that case as would be provided by the constitutions of this state and the United States.

(3) Any person against whom a foreign defamation judgment is entered, whether the foreign defamation judgment is final or appealable, may bring an action in district court for a declaration with respect to the liability of a person for the judgment and determining whether the foreign defamation judgment should be deemed unenforceable pursuant to any reason enumerated in subsection (2) of this section.

(4) For the purposes of rendering declaratory relief, the courts of this state shall have personal jurisdiction over any person who obtains a judgment in a defamation proceeding outside the United States against any of the following persons:

(a) A resident of this state;

(b) A person or entity amenable to the jurisdiction of this state;

(d) A person who may have to take action in this state to comply with the judgment.

(5) Any person against whom a foreign defamation action has been instituted may bring an action for an injunction where the foreign defamation action would:

(a) Frustrate a policy of the state, the guarantee of due process, and the protection of freedom of speech;

(b) Be vexatious or oppressive; or

(6) For the purposes of rendering injunctive relief, the courts of this state shall have personal jurisdiction over any person who institutes a defamation proceeding outside the United States against any of the following persons:

(a) A resident of this state;

(b) A person or entity amenable to the jurisdiction of this state;

(d) A person who may have to take action in this state to comply with the judgment.

(7) No Idaho court shall sustain a dilatory exception of "lis pendens" asserted in a declaratory or injunctive proceeding under this section that was filed in an Idaho court subsequent to the foreign defamation action.

(8) An action brought for declaratory or injunctive relief pursuant to this section may be brought in a court of proper venue in either the county where the plaintiff resides or the county where the plaintiff has assets.

[6-3202, added 2019, ch. 293, sec. 1, p. 872.]

Chapter 33 Responsibilities and Liabilities of Bicyclists and Mountain Operators

§ 6-3301 Legislative purpose

The legislature finds that the sport of bicycling is practiced by a large number of citizens of this state at mountain areas and also attracts a large number of nonresidents, significantly contributing to the economy of Idaho. Since it is recognized that there are inherent risks in the sport of bicycling that should be understood by each bicyclist and that are essentially impossible to eliminate by the mountain operators, it is the purpose of this chapter to define those areas of responsibility and affirmative acts for which mountain operators shall be liable for loss, damage, or injury and to define those risks that the bicyclist expressly assumes and for which there can be no recovery. Nothing in this chapter shall impact other defenses that may be raised by mountain operators against claims asserted by bicyclist.

[6-3301, added 2020, ch. 329, sec. 1, p. 949.]

§ 6-3302 Definitions

The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section.

(1) "Aerial passenger tramway" means any device operated by a mountain operator used to transport passengers by single or double reversible tramway; chairlift or gondola lift; T-bar lift, J-bar lift, platter lift, or similar device; a fiber rope or wire rope tow, or a conveyor that is subject to regulations adopted by the proper authority.

(2) "Bicyclist" means any person present at a mountain area under the control of a mountain operator for the purpose of engaging in activities, including but not limited to bicycling downhill or uphill, jumping on a bicycle or any other cycling device, or who is using any mountain area. "Bicyclist" does not include a person using an aerial passenger tramway.

(3) "Mountain area" means the property owned, leased, or authorized under a special use permit and under the control of the mountain operator within the state of Idaho.

(4) "Mountain operator" means any person, partnership, corporation, or other commercial entity, and its agents, officers, employees, or representatives, who has operational responsibility for nonwinter activities at any mountain area and the use of an aerial passenger tramway during spring, summer, and fall.

(5) "Passenger" means any person who is lawfully using an aerial passenger tramway or is waiting to embark or has recently disembarked from an aerial passenger tramway and is in its immediate vicinity.

[6-3302, added 2020, ch. 329, sec. 1, p. 949.]

§ 6-3303 Duties of mountain operators with respect to mountain areas

Every mountain operator shall have the following duties with respect to operation of a mountain area:

(1) To maintain one (1) or more trail boards at prominent locations at each mountain area displaying that area’s network of trails;

(2) To post a sign at the bottom of all aerial passenger tramways that advises the passengers to seek advice if not familiar with riding the aerial passenger tramway; and

(3) To not intentionally or negligently cause injury to any person; provided, that except for the duties of the operator set forth in this section and in section 6-3304, Idaho Code, the mountain operator shall have no duty to eliminate, alter, control, or lessen the risks inherent in the sport of bicycling that include but are not limited to those described in section 6-3306, Idaho Code.

[6-3303, added 2020, ch. 329, sec. 1, p. 950.]

§ 6-3304 Duties of mountain operators with respect to aerial passenger tramways

Every mountain operator shall have the duty to construct, operate, maintain, and repair any aerial passenger tramway in accordance with the American national standards safety requirements for aerial passenger tramways.

[6-3304, added 2020, ch. 329, sec. 1, p. 950.]

§ 6-3305 Duties of passengers

Every passenger shall have the duty to not:

(1) Board or embark upon or disembark from an aerial passenger tramway except at an area designated for such purpose;

(2) Drop, throw, or expel any object from an aerial passenger tramway;

(3) Perform any act that interferes with the running or operation of an aerial passenger tramway;

(4) Use any aerial passenger tramway if the passenger does not have the ability to use it safely without instruction, until the passenger has requested and received sufficient instruction to permit safe usage;

(5) Embark on an aerial passenger tramway without the authority of the mountain operator; or

(6) Use any aerial passenger tramway without engaging such safety or restraining devices as may be provided.

[6-3305, added 2020, ch. 329, sec. 1, p. 950.]

§ 6-3306 Duties of bicyclists

(1) It is recognized that bicycling as a recreational sport is hazardous, regardless of all feasible safety measures that can be taken.

(2) Each bicyclist expressly assumes the risk of and legal responsibility for any injury to person or property that results from participation in the sport of bicycling, including any injury caused by but not limited to the following: uneven or slippery trail and feature conditions, varying slopes and terrain, bumps, stumps, trees, roots, forest growth, cliffs, rock and rock drops, loose gravel and dirt, wet surfaces, holes and potholes, downed timber, debris, depressions, other bicycles, dark tunnels, jumps, dirt and wood features and other constructed features, lift loading and unloading, padded and nonpadded barriers, paved surfaces, collisions with vehicles owned or operated by individuals or entities other than the mountain operator, other bicyclists, pedestrians, wildlife, objects or heavy equipment, and mechanical or other failure of rental or personal equipment not including equipment rented out by the mountain operator.

(3) Each bicyclist shall have the sole individual responsibility for knowing the range of his own ability to negotiate any trail, and it shall be the duty of each bicyclist to bicycle within the limits of the bicyclist’s own ability, to maintain reasonable control of speed and course at all times while bicycling, to heed all posted warnings and safety requirements, to bicycle only on a bicycling area designated by the mountain operator, and to refrain from acting in a manner that may cause or contribute to the injury of anyone. The responsibility for collisions by any bicyclist while actually bicycling, with any person, shall be solely that of the individual or individuals involved in such collision and not that of the mountain operator.

(4) No person shall place any object in the mountain area or on the uphill track of any aerial passenger tramway that may cause a passenger or bicyclist to fall; cross the track of any T-bar lift, J-bar lift, platter lift or similar device, a fiber rope or wire rope tow, and a conveyor, except at a designated location; or depart when involved in a bicycling accident from the scene of the accident without leaving personal identification, including name and address, before notifying the proper authorities or obtaining assistance when that person knows that any other person involved in the accident is in need of medical or other assistance.

[6-3306, added 2020, ch. 329, sec. 1, p. 950.]

§ 6-3307 Liability of mountain operators

Any mountain operator shall be liable for loss or damages caused by its failure to follow the duties set forth in sections 6-3303 and 6-3304, Idaho Code, where the violation of duty is causally related to the loss or damage suffered. The mountain operator shall not be liable to any passenger or bicyclist acting in violation of its duties as set forth in sections 6-3305 and 6-3306, Idaho Code, where the violation of duty is causally related to the loss or damage suffered; nor shall a mountain operator be liable for any injury or damage to a person who is not legally entitled to be in the mountain area, or for any loss or damages caused by any object dropped, thrown, or expelled by a passenger from an aerial passenger tramway.

[6-3307, added 2020, ch. 329, sec. 1, p. 951.]

§ 6-3308 Liability of passengers

Any passenger shall be liable for loss or damages resulting from violations of the duties set forth in section 6-3305, Idaho Code, and shall not be able to recover from the mountain operator for any losses or damages where the violation of duty is causally related to the loss or damage suffered.

[6-3308, added 2020, ch. 329, sec. 1, p. 951.]

§ 6-3309 Liability of bicyclists

Any bicyclist shall be liable for loss or damages resulting from violations of the duties set forth in section 6-3306, Idaho Code, and shall not be able to recover from the mountain operator for any losses or damages where the violation of duty is causally related to the loss or damage suffered.

[6-3309, added 2020, ch. 329, sec. 1, p. 951.]

Chapter 35 Idaho Wrongful Conviction Act

§ 6-3501 Short Title

This chapter shall be known and may be cited as the "Idaho Wrongful Conviction Act."

[6-3501, added 2021, ch. 17, sec. 1, p. 38.]

§ 6-3502 Claim of compensation for wrongful conviction

(1) As used in this chapter, "claimant" means a person convicted and subsequently imprisoned for one (1) or more crimes that such person did not commit.

(2) If he meets the requirements of this chapter, a claimant may bring a civil action against the state of Idaho for wrongful conviction. The claimant shall prevail if he establishes each of the following requirements by a preponderance of the evidence:

(a) The claimant was convicted of a felony in this state and subsequently imprisoned;

(b) The claimant did not commit the crime for which he was convicted;

(d) The claimant did not aid, abet, or act as an accomplice or accessory to either the acts or to a person who committed the acts that were the basis for the conviction;

(e) The claimant did not commit an included offense of the crime for which he was imprisoned;

(f) The claimant establishes that his conviction was reversed or vacated and either:

(i) The claimant was not retried and the charges were dismissed; or

(ii) The claimant was retried and was found not guilty; and

(g) The claimant establishes that the basis for reversing or vacating the conviction was not legal error unrelated to his factual innocence.

(3) A claimant shall not prevail on a claim brought pursuant to this chapter if the state shows by a preponderance of the evidence that a claimant pled guilty with the specific intent to protect another party from prosecution for the underlying conviction that forms the basis for the claim.

(4)(a) A claimant convicted, imprisoned, and released from custody on or after the effective date of this chapter shall commence an action under this section within a period of two (2) years after:

(i) The conviction was reversed or vacated and the charges were dismissed; or

(ii) The claimant was retried and found not guilty.

(b) A claimant convicted, imprisoned, and released from custody before the effective date of this chapter must commence an action under this section within two (2) years of the effective date of this chapter.

(5) A claimant shall be entitled to a hearing in district court as expeditiously as possible after the filing of a claim.

(6) If a person dies prior to filing or during the pendency of a claim under this section, the person’s estate may file or maintain a claim pursuant to this section.

(7) All provisions of existing law relating to absolute or qualified immunity shall apply to an action brought pursuant to the provisions of this section.

[6-3502, added 2021, ch. 17, sec. 1, p. 38.]

§ 6-3503 Compensation

(1) In an action brought pursuant to section 6-3502, Idaho Code, damages awarded shall be:

(a) (i) Sixty-two thousand dollars ($62,000) for each year of imprisonment actually served, including time spent awaiting trial; or

(ii) If the claimant was imprisoned on death row, seventy-five thousand dollars ($75,000) for each year of imprisonment actually served related to the charge giving rise to death row imprisonment, including time spent awaiting trial; and

(b) No less than twenty-five thousand dollars ($25,000) for each year the person was on parole or no less than twenty-five thousand dollars ($25,000) for each year the person was required to register as a sex offender, whichever period of time was greater.

(2) Compensation awarded under subsection (1) of this section shall be computed on a pro rata basis, with damages computed according to the number of days the claimant spent awaiting trial and was imprisoned, on parole, or required to register as a sex offender due to the conviction that is the subject of the action. For purposes of the pro rata calculation, three hundred sixty-five (365) days equals one (1) year. The burden is on the claimant to establish the number of days he was imprisoned, on parole, or required to register as a sex offender.

(3) The claimant must establish the damages he is seeking under subsections (1), (2), and (4) of this section and the basis for those damages. Awards shall be paid from the innocence fund created pursuant to section 6-3505, Idaho Code. Any award of damages shall not accrue post-judgment interest, and the provisions of section 28-22-104, Idaho Code, shall not apply to such damages. A court shall not award, and a claimant shall not receive, compensation for any period of imprisonment during which the claimant was serving a sentence for a conviction of another offense for which the claimant was lawfully convicted and imprisoned. The claimant shall not receive compensation for any period of time that he was on parole or required to register as a sex offender during which the claimant was paroled or required to register as a sex offender for another offense for which the claimant was lawfully convicted.

(4) In addition to the damages awarded pursuant to subsection (1) of this section, the claimant may be entitled to the following:

(a) Reasonable attorney’s fees and costs incurred in the action brought pursuant to this chapter not to exceed a total of twenty-five thousand dollars ($25,000), unless a greater reasonable total is authorized by the court upon a finding of good cause shown; and

(b) Reentry services offered through the department of correction, as applicable.

(5) If a claimant in a separate civil action related to the wrongful conviction has won a monetary judgment against, or entered into a settlement agreement with, the state or any political subdivision, the amount of any such award or settlement collected by the claimant, less attorney’s fees and litigation costs, shall be deducted from the sum of money to which the claimant is entitled to under this section. If a claimant first receives compensation under this section and then in a separate civil action wins a monetary judgment against, or enters into a settlement agreement with, the state or any political subdivision related to the wrongful conviction, the claimant shall reimburse the state. The reimbursement shall be for the sum of the monetary payment awarded under this section, less attorney’s fees and litigation costs, up to the amount of the award or settlement in the civil action. If a claimant first receives compensation under this section and then in a separate civil action related to the wrongful conviction wins a monetary judgment against, or enters into a settlement agreement with, the state or any political subdivision, the claimant shall notify and reimburse the state of such compensation.

(6) Any damages awarded pursuant to subsection (1) of this section shall be tax-exempt in the state of Idaho.

[6-3503, added 2021, ch. 17, sec. 1, p. 39; am. 2021, ch. 304, sec. 1, p. 910.]

§ 6-3504 Certificate of innocence

If the court finds that the claimant is entitled to a judgment pursuant to section 6-3502, Idaho Code, it shall enter a certificate of innocence finding that the claimant was innocent of all crimes for which the claimant was mistakenly convicted.

[6-3504, added 2021, ch. 17, sec. 1, p. 40.]

§ 6-3505 Innocence fund created

There is hereby created in the state treasury the innocence fund. The fund shall consist of moneys that may be provided by legislative appropriation and any reimbursements made to the state by claimants. The state treasurer shall invest the idle moneys of the fund, and the interest earned on such investments shall be retained by the fund. Moneys in the fund are continuously appropriated to be used solely for carrying out the provisions of this chapter.

[6-3505, added 2021, ch. 17, sec. 1, p. 40.]

Chapter 36 Duties of Recreational Participants

§ 6-3601 Duties of Recreational Participants

It is recognized that recreational activities in state parks are hazardous regardless of all feasible safety measures that can be taken. Each recreational participant expressly assumes the risk of and legal responsibility for any injury to person or property that results from participation in recreational activities. Each recreational participant shall have the sole individual responsibility for knowing the range of the participant’s own ability while participating in a recreational activity in a state park and to heed all posted notes, cautions, and warnings. Recreational participants shall refrain from acting in a manner that may cause or contribute to the injury of persons or property. The responsibility for injury to person or property shall be solely that of the individual or individuals involved in such recreational activity and not that of the Idaho department of parks and recreation.

[6-3601, added 2023, ch. 54, sec. 1, p. 206.]

Chapter 38 Liability for Publishers and Distributors of Material Harmful to Minors on the Internet

§ 6-3801 LEGISLATIVE findings and INTENT

(1) The provisions of this chapter are intended to provide a civil remedy for damages against commercial entities that publish or distribute material that is harmful to minors on the internet. The legislature finds that pornography is creating a public health crisis and having a corroding influence on minors. Due to advances in technology, the universal availability of the internet, and limited age verification requirements, minors are exposed to pornography earlier in age. Pornography contributes to the hyper-sexualization of teens and prepubescent children and may lead to low self-esteem, body image disorders, an increase in problematic sexual activity at younger ages, and increased desire among adolescents to engage in risky sexual behavior. Pornography may also impact brain development and functioning, contribute to emotional and medical illnesses, shape deviant sexual arousal, and lead to difficulty in forming or maintaining positive, intimate relationships, as well as promote problematic or harmful sexual behaviors and addiction.

(2) As provided in the Idaho consumer protection act that was passed by the legislature in 1971 and allows consumers to seek legal remedies through private lawsuits, it is the intent of the legislature to enable a minor person, or the parent or guardian of such person, who is exposed to harmful material on the internet to bring an action to recover damages.

(3) It is the intent of the legislature that the sovereign immunity described in section 6-3808, Idaho Code, includes the constitutional sovereign immunity recognized by the court in Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996), and Alden v. Maine, 527 U.S. 706 (1999), which applies in both state and federal court, and which may not be abrogated by congress or by any state or federal court except pursuant to legislation authorized by section 5 of the fourteenth amendment to the constitution of the United States, by the bankruptcy clause of article I, by congress’s powers to raise and support armies and to provide and maintain a navy, or by any other ground that might be recognized by the supreme court of the United States.

(4) With respect to the severability provisions of section 6-3809, Idaho Code, it is the intent of the legislature that any court construing such provisions be mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in which, in the context of determining the severability of a state statute, the supreme court of the United States held that an explicit statement of legislative intent is controlling. It is the intent of the legislature that every provision, section, subsection, sentence, clause, phrase, or word in this chapter, and every application of the provisions in this chapter to every person, group of persons, or circumstances, are severable from each other. The legislature further declares that it intends to enact this chapter, and each provision, section, subsection, sentence, clause, phrase, or word, and all constitutional applications of the provisions of this chapter, irrespective of the fact that any provision, section, subsection, sentence, clause, phrase, or word, or applications of this chapter could be declared invalid, preempted, or unconstitutional.

[6-3801, added 2024, ch. 113, sec. 1, p. 486.]

§ 6-3802 Definitions

As used in this chapter:

(1) "Commercial entity" means a corporation, a limited liability company, a partnership, a limited partnership, a sole proprietorship, or another legally recognized business entity.

(2) "Digitized identification card" means a data file available on any mobile device that has connectivity to the internet through a state-approved application that allows the mobile device to download a data file that contains all of the data elements visible on the face and back of a license or identification card and displays the current status of the license or identification card.

(3) "Harmful to minors" means:

(a) Material that the average person applying contemporary community standards would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest;

(b) Material that is devoted to or principally consists of descriptions of actual, simulated, or animated displays or depictions of any of the following, in a manner patently offensive with respect to minors:

(i) Pubic hair, anus, vulva, genitals, or nipple of the female breast;

(ii) Touching, caressing, or fondling of nipples, breasts, buttocks, anuses, or genitals; or

(iii) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act; and

(4) "Information content provider" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any interactive computer service.

(5) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.

(6) "Internet" means the international computer network of both federal and nonfederal interoperable packet-switched data networks.

(7) "Minor" means any person under the age of eighteen (18) years.

(8)(a) "News-gathering organization" means any of the following:

(i) An employee of a newspaper, news publication, or news source that is printed or on an online or mobile platform, of current news and public interest, while operating as an employee of such news-gathering organization, who can provide documentation of such employment with the newspaper, news publication, or news source; or

(ii) An employee of a radio broadcast station, television broadcast station, cable television operator, or wire service while operating as an employee of such news-gathering organization, who can provide documentation of such employment.

(b) A website or an interactive computer service is not deemed to be a news-gathering organization unless its primary business is as an information content provider, news publisher, or broadcaster of current news and public interest.

(9) "Publish" means to communicate or make information available to another person or entity on a publicly available internet website. A commercial entity shall not be considered the publisher of any material or information provided by another information content provider.

(10) "Reasonable age verification methods" include verifying that the person seeking to access the material is eighteen (18) years of age or older by:

(a) Providing a digitized identification card as defined in this section; or

(b) Requiring that the person attempting to access the material complies with a commercial age verification system that verifies age in one (1) or more of the following ways:

(i) Government-issued identification; or

(ii) Public or private transactional data.

(11) "Substantial portion" means more than one-third (1/3) of total material on a website. If a website links by hypertext link to the material of a third-party website, the material on such third-party website shall not be considered toward the total percentage of material if that third-party website does not contain material harmful to minors and if such linking does not constitute an attempt to intentionally dilute the percentage calculation of material harmful to minors in order to evade the provisions of this section.

(12) "Transactional data" means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party used for the purpose of satisfying a request or event. Transactional data may include but is not limited to records from mortgage, education, and employment entities.

[6-3802, added 2024, ch. 113, sec. 1, p. 487.]

§ 6-3803 Intentional publication or distribution of material harmful to minors on the internet

(1) Any commercial entity that knowingly and intentionally publishes material that is harmful to minors on the internet from a website that contains a substantial portion of such material shall be liable if the entity fails to perform reasonable age verification to verify the age of individuals attempting to access the material or, after verifying the age of the individual, provides a minor access to the material.

(2) Any commercial entity or third party that takes steps to perform a reasonable age verification required pursuant to this chapter shall not retain any identifying information of the individual after age verification has been performed.

(3) This chapter shall not apply to any bona fide news or public interest broadcast, website video, report, or event and shall not be construed to affect the rights of any news-gathering organizations.

(4) No internet service provider, affiliate of an internet service provider, subsidiary of an internet service provider, search engine provider, web browser provider, smart device manufacturer, computer manufacturer, or cloud service provider shall be held to have violated the provisions of this chapter solely for providing access or connection to or from a website or other information or content on the internet or a facility, system, or network not under that provider’s control, including transmission, downloading, intermediate storage, or access software, to the extent such provider is not responsible for the creation of the content of the communication that constitutes material harmful to minors. However, an interactive computer service is subject to the provisions of this section if it knowingly benefits from:

(a) Being the information content provider for a commercial entity that knowingly and intentionally publishes material harmful to minors in violation of subsection (1) of this section; or

(b) Being in a venture with a commercial entity that knowingly and intentionally publishes material harmful to minors in violation of subsection (1) of this section.

(5) Nothing in this chapter shall be construed to create a conflict with applicable federal law.

[6-3803, added 2024, ch. 113, sec. 1, p. 489.]

§ 6-3804 Private Cause of Action

(1) Any person exposed to material harmful to minors in violation of section 6-3803, Idaho Code, including the parent or guardian of a child exposed to material harmful to minors, has standing to bring a civil action against any person or entity that is liable under section 6-3803, Idaho Code, provided that no lawsuit may be brought under this section against a provider or a user of an interactive computer service if such lawsuit would be preempted by 47 U.S.C. 230(c).

(2) If a claimant prevails in an action brought under this section, the court shall award:

(a) Injunctive relief sufficient to prevent the defendant from engaging in the conduct described in section 6-3803, Idaho Code;

(b) Nominal and compensatory damages;

(d) Court costs and reasonable attorney’s fees.

(3) Notwithstanding any other provision of law to the contrary, a person may bring an action under this section no later than four (4) years after the date the cause of action accrued.

(4) Notwithstanding any other provision of law to the contrary, the following shall not be a defense to an action brought under this section:

(a) Ignorance or mistake of law;

(b) A defendant’s belief that the requirements or provisions of this chapter are unconstitutional or were unconstitutional;

(c) A defendant’s reliance on any court decision that has been vacated, reversed, or overruled on appeal or by a subsequent court, even if that court decision had not been vacated, reversed, or overruled when the cause of action accrued;

(d) A defendant’s reliance on any state or federal court decision that is not binding on the court in which the action has been brought;

(e) A defendant’s reliance on any federal statute, agency rule or action, or treaty that has been repealed, superseded, or declared invalid or unconstitutional, even if that federal statute, agency rule or action, or treaty had not been repealed, superseded, or declared invalid or unconstitutional when the cause of action accrued;

(f) Nonmutual issue preclusion or nonmutual claim preclusion;

(g) Contributory or comparative negligence;

(h) Assumption of risk;

(i) Any claim that the enforcement of this chapter or the imposition of civil liability against the defendant will violate the constitutional rights of third parties, except as provided by section 6-3805, Idaho Code.

(5) This chapter may not be construed to impose liability on speech or conduct protected by the first amendment to the constitution of the United States, as made applicable to the states through the supreme court of the United States’ interpretation of the fourteenth amendment to the constitution of the United States, or by section 9, article I of the constitution of the state of Idaho.

(6)(a) Notwithstanding any other law to the contrary, neither the state nor any of its political subdivisions nor any district or county attorney, nor any officer or employee of this state or a political subdivision may:

(i) Act in concert or participation with anyone who brings suit under this section;

(ii) Establish or attempt to establish any type of agency or fiduciary relationship with a person who brings suit under this section;

(iii) Make any attempt to control or influence a person’s decision to bring suit under this section or that person’s conduct of the litigation; or

(iv) Intervene in any action brought under this section.

(b) This subsection does not prohibit a person or entity described by this subsection from filing an amicus curiae brief in the action as long as that person or entity does not act in concert or participation with the plaintiff or plaintiffs who sue under this section or violate any provision of this subsection.

(7) Notwithstanding any other provision of law to the contrary, a court may not award costs or attorney’s fees to a litigant who is sued under this section.

(8) Notwithstanding any other provision of law to the contrary, a civil action under this section may not be brought against any person or entity in response to conduct taken at the behest of federal agencies, contractors, or employees that are carrying out duties under federal law if doing so would violate the doctrines of preemption or intergovernmental immunity.

(9) Notwithstanding any other provision of law to the contrary, including section 5-514, Idaho Code, the courts of this state shall have personal jurisdiction over any defendant sued under this chapter to the maximum extent permitted by the fourteenth amendment to the constitution of the United States.

(10) Notwithstanding any other provision of law to the contrary, the law of Idaho shall apply to any civil action brought under this section, to the maximum extent permitted by the constitution of the United States and the constitution of the state of Idaho.

(11) Notwithstanding any other provision of law to the contrary, including Idaho rule of civil procedure 77, a civil action under this section may not be litigated on behalf of a plaintiff class or a defendant class, and no court may certify a class under Idaho rule of civil procedure 77 in any civil action brought under this section.

(12) Any waiver or purported waiver of the right to sue under this section or chapter shall be void as against public policy and shall not be enforceable in any court.

[6-3804, added 2024, ch. 113, sec. 1, p. 489.]

§ 6-3805 Affirmative Defenses

(1) A defendant against whom an action is brought under section 6-3804, Idaho Code, may assert an affirmative defense to liability under this section if:

(a) The imposition of civil liability on the defendant will violate constitutional or federally protected rights that belong to the defendant personally; or

(b) The defendant:

(i) Has standing to assert the rights of a third party under the tests for third-party standing established by the supreme court of the United States; and

(ii) Demonstrates that the imposition of civil liability on the defendant will violate constitutional or federally protected rights belonging to that third party.

(2) The defendant shall bear the burden of proving the affirmative defense that is provided for in subsection (1) of this section by a preponderance of the evidence.

(3) Nothing in this chapter shall limit or preclude a defendant from asserting the unconstitutionality of any provision or application of Idaho law as a defense to liability under section 6-3804, Idaho Code, or from asserting any other defense that might be available under any other source of law.

[6-3805, added 2024, ch. 113, sec. 1, p. 491.]

§ 6-3806 Venue

(1) Notwithstanding any other provision of law to the contrary, including chapter 4, title 5, Idaho Code, a civil action brought under section 6-3804, Idaho Code, may be brought in:

(a) The county in which all or a substantial part of the events or omissions giving rise to the claim occurred;

(b) The county of residence for any of the natural person defendants at the time the cause of action accrued;

(d) The county of residence for the claimant, if the claimant is a natural person residing in this state.

(2) If a civil action is brought under section 6-3804, Idaho Code, in any of the venues described in subsection (1) of this section, then the action may not be transferred to a different venue without the written consent of all parties.

[6-3806, added 2024, ch. 113, sec. 1, p. 491.]

§ 6-3807 Private Civil Enforcement Exclusive

(1) Notwithstanding any other provision of law to the contrary, the requirements of this chapter shall be enforced exclusively through the private civil actions described in section 6-3804, Idaho Code.

(2) No direct or indirect enforcement of this chapter may be taken or threatened by the state, a political subdivision, a district or county attorney, or any officer or employee of this state or a political subdivision against any person or entity by any means. No violation of this section may be used to justify or trigger the enforcement of any other law or any type of adverse consequence under any other law, except as provided in this section.

(3) This section does not preclude or limit the enforcement of any other law or regulation against conduct that is independently prohibited by such other law or regulation and that would remain prohibited by such other law or regulation in the absence of this chapter.

[6-3807, added 2024, ch. 113, sec. 1, p. 491.]

§ 6-3808 Immunity from Suit and Limits on State-Court Jurisdiction

(1) Notwithstanding any other provision of law to the contrary, the state and each of its subdivisions and their officers and employees shall have sovereign immunity, governmental immunity, and official immunity, as appropriate, in any action, claim, counterclaim, or any type of legal or equitable action that challenges the validity of any provision or application of this chapter, on constitutional grounds or otherwise, or that seeks to prevent or enjoin the state or its political subdivisions or any of their officers, employees, or agents from enforcing any provision or application of this chapter, or from hearing, adjudicating, or docketing a civil action brought under section 6-3804, Idaho Code, unless that immunity has been abrogated or preempted by federal law in a manner consistent with the constitution of the United States. The sovereign immunity conferred by this section on the state and each of its officers and employees includes the constitutional sovereign immunity recognized by the supreme court of the United States.

(2) Notwithstanding any provision of law to the contrary, the immunities conferred by subsection (1) of this section shall apply in every court, both state and federal, and in every adjudicative proceeding of any type whatsoever.

(3) Notwithstanding any other provision of law to the contrary, no provision of state law may be construed to waive or abrogate an immunity described in subsection (1) of this section unless it expressly waives or abrogates immunity with specific reference to this section.

(4) Notwithstanding any other provision of law to the contrary, no attorney representing the state, its political subdivisions, or any officer, employee, or agent of this state or a political subdivision is authorized or permitted to waive an immunity described in subsection (1) of this section or take any action that would result in a waiver of that immunity, and any such action or purported waiver shall be regarded as a legal nullity and an ultra vires act.

(5) Notwithstanding any other provision of law to the contrary, including title 1, Idaho Code, chapter 12, title 10, Idaho Code, and Idaho appellate rules 5, 13, and 43, no court of this state may award declaratory or injunctive relief, or any type of stay or writ, including a writ of prohibition, that would pronounce any provision or application of this chapter invalid or unconstitutional or that would restrain or prevent the state, its political subdivisions, any officer, employee, or agent of this state or a political subdivision, or any person from implementing or enforcing any provision or application of this chapter, or from hearing, adjudicating, docketing, or filing a civil action brought under section 6-3804, Idaho Code, and no inferior court of this state shall have jurisdiction to consider any action, claim, or counterclaim that seeks such relief.

(6) Nothing in this section or chapter shall be construed to prevent a litigant from asserting the invalidity or unconstitutionality of any provision or application of this chapter as a defense to any action, claim, or counterclaim brought against that litigant.

(7) Notwithstanding any other provision of law to the contrary, any judicial relief issued by a court of this state that disregards the immunities conferred by subsection (1) of this section, or the limitations on jurisdiction and relief imposed by subsection (5) of this section, shall be regarded as a legal nullity because it was issued by a court without jurisdiction and may not be enforced or obeyed by any officer, employee, or agent of this state or a political subdivision, judicial or otherwise.

(8) Notwithstanding any other provision of law to the contrary, any stay, writ, injunction, or declaratory judgment issued by a court of this state that purports to restrain or prevent the state, its political subdivisions, any officer, employee, or agent of this state or a political subdivision, or any person from hearing, adjudicating, docketing, or filing a civil action brought under section 6-3804, Idaho Code, shall be regarded as a legal nullity and a violation of the due process clause of the fourteenth amendment to the constitution of the United States and may not be enforced or obeyed by any officer, employee, or agent of this state or a political subdivision, judicial or otherwise.

(9) Notwithstanding any other provision of law to the contrary, including Idaho rule of civil procedure 77, no court may certify a plaintiff or defendant class with respect to any claim that seeks declaratory or injunctive relief, or any type of stay or writ, that would pronounce any provision or application of this chapter invalid or unconstitutional, or that would restrain or prevent the state, its political subdivisions, any officer, employee, or agent of this state or a political subdivision, or any person from enforcing any provision or application of this chapter, or from hearing, adjudicating, docketing, or filing a civil action brought under section 6-3804, Idaho Code.

[6-3808, added 2024, ch. 113, sec. 1, p. 492.]

§ 6-3809 Severability

(1) If any application of any provision in this chapter to any person, group of persons, or circumstances is found by a court to be invalid, preempted, or unconstitutional, for any reason whatsoever, then the remaining applications of that provision to all other persons and circumstances shall be severed and preserved and shall remain in effect. All constitutionally valid applications of the provisions in this chapter shall be severed from any applications that a court finds to be invalid, preempted, or unconstitutional because it is the legislature’s intent and priority that every single valid application of every statutory provision be allowed to stand alone.

(2) If any provision of this chapter is found by any court to be unconstitutionally vague, then the applications of that provision that are not found to be constitutionally vague shall be severed and remain in force, consistent with the severability requirements of this section.

(3) No court may decline to enforce the severability requirements of this section or this chapter on the ground that severance would rewrite the statute or involve the court in legislative or lawmaking activity. A court that declines to enforce or enjoins a state official from enforcing a statutory provision is never rewriting a statute or engaging in legislative or lawmaking activity, as the statute continues to contain the same words as before the court’s decision. A judicial injunction or declaration of unconstitutionality:

(a) Is nothing more than an edict prohibiting enforcement of the disputed statute against the named parties to that lawsuit, which may subsequently be vacated by a later court if that court has a different understanding of the requirements of the constitution of the state of Idaho or United States constitution;

(b) Is not a formal amendment of the language in a statute; and

(c) No more rewrites a statute than a decision by the executive not to enforce a duly enacted statute in a limited and defined set of circumstances.

(4) If any state or federal court disregards any of the severability requirements of this section or this chapter and declares or finds any provision of this chapter facially invalid, preempted, or unconstitutional, when there are discrete applications of that provision that can be enforced against a person, group of persons, or circumstances without violating federal law or the federal or state constitutions, then that provision shall be interpreted, as a matter of state law, as if the legislature had enacted a provision limited to the persons, group of persons, or circumstances for which the provision’s application will not violate federal law or the federal or state constitutions, and every court shall adopt this saving construction of that provision until the court ruling that pronounced the provision facially invalid, preempted, or unconstitutional is vacated or overruled.

[6-3809, added 2024, ch. 113, sec. 1, p. 493.]

Chapter 39 Uniform Public Expression Protection Act

§ 6-3901 Short Title

This chapter shall be known and may be cited as the "Uniform Public Expression Protection Act."

[6-3901, added 2025, ch. 17, sec. 1, p. 48.]

§ 6-3902 Scope

(1) As used in this section:

(a) "Goods or services" does not include the creation, dissemination, exhibition, or advertisement or similar promotion of a dramatic, literary, musical, political, journalistic, or artistic work.

(b) "Governmental unit" means a public corporation or government or a governmental subdivision, agency, or instrumentality.

(c) "Person" means an individual, estate, trust, partnership, business or nonprofit entity, governmental unit, or other legal entity.

(2) Except as otherwise provided in subsection (3) of this section, the provisions of this chapter shall apply to a cause of action asserted in a civil action against a person based on the person’s:

(a) Communication in a legislative, executive, judicial, administrative, or other governmental proceeding;

(b) Communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding; or

(c) Exercise of the right of freedom of speech or of the press, the right to assemble or petition, or the right of association, guaranteed by the constitution of the United States or the constitution of the state of Idaho, on a matter of public concern.

(3) The provisions of this chapter shall not apply to a cause of action asserted:

(a) Against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity;

(b) By a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law to protect against an imminent threat to public health or safety; or

(c) Against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the person’s sale or lease of the goods or services.

(4) A cause of action brought pursuant to the provisions of this chapter shall be subject to the rules of the Idaho supreme court.

[6-3902, added 2025, ch. 17, sec. 1, p. 48.]

§ 6-3903 Special motion for expedited relief

No later than sixty (60) days after a party is served with a complaint, cross-claim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this chapter applies, or at a later time on a showing of good cause, the party may file a special motion for expedited relief to dismiss the cause of action or part of the cause of action.

[6-3903, added 2025, ch. 17, sec. 1, p. 49.]

§ 6-3904 Stay

(1) Except as otherwise provided in subsections (4) through (7) of this section, upon the filing of a motion pursuant to section 6-3903, Idaho Code:

(a) All other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and

(b) Upon motion by the moving party, the court may stay a hearing or motion involving another party, or discovery by another party, if the hearing or ruling on the motion would adjudicate, or the discovery would relate to, an issue material to the motion pursuant to section 6-3903, Idaho Code.

(2) A stay pursuant to subsection (1) of this section remains in effect until entry of an order ruling on the motion pursuant to section 6-3903, Idaho Code, and expiration of the time for the moving party to appeal the order pursuant to section 6-3909, Idaho Code, and applicable court rule.

(3) Except as otherwise provided in subsections (5), (6), and (7) of this section, if a party appeals an order ruling on a motion pursuant to section 6-3903, Idaho Code, all proceedings between all parties in the action are stayed. The stay remains in effect until the conclusion of the appeal.

(4) During a stay pursuant to subsection (1) of this section, the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden pursuant to section 6-3907(1), Idaho Code, and the information is not reasonably available unless discovery is allowed.

(5) A motion pursuant to section 6-3910, Idaho Code, for costs, attorney’s fees, and expenses is not subject to a stay pursuant to this section.

(6) A stay pursuant to the provisions of this section does not affect a party’s ability to voluntarily dismiss a cause of action or part of a cause of action or move to sever a cause of action.

(7) During a stay pursuant to the provisions of this section, the court for good cause may hear and rule on:

(a) A motion unrelated to the motion pursuant to section 6-3903, Idaho Code; and

(b) A motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.

[6-3904, added 2025, ch. 17, sec. 1, p. 49.]

§ 6-3905 Hearing

(1) The court shall hear a motion pursuant to section 6-3903, Idaho Code, no later than sixty (60) days after filing of the motion, unless the court orders a later hearing:

(a) To allow discovery pursuant to section 6-3904(4), Idaho Code; or

(b) For other good cause.

(2) If the court orders a later hearing pursuant to subsection (1)(a) of this section, the court shall hear the motion pursuant to section 6-3903, Idaho Code, no later than sixty (60) days after the court order allowing the discovery, unless the court orders a later hearing pursuant to subsection (1)(b) of this section.

[6-3905, added 2025, ch. 17, sec. 1, p. 50.]

§ 6-3906 Proof

In ruling on a motion pursuant to section 6-3903, Idaho Code, the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment pursuant to applicable court rule.

[6-3906, added 2025, ch. 17, sec. 1, p. 50.]

§ 6-3907 Dismissal of CAUSE OF ACTION IN WHOLE OR PART

(1) In ruling on a motion under section 6-3903, Idaho Code, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if:

(a) The moving party establishes pursuant to section 6-3902(2), Idaho Code, that this chapter applies;

(b) The responding party fails to establish pursuant to section 6-3902(3), Idaho Code, that this chapter does not apply; and

(i) The responding party fails to establish a prima facie case as to each essential element of the cause of action; or

(ii) The moving party establishes that:

The responding party failed to state a cause of action upon which relief can be granted; or
There is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the cause of action or part of the cause of action.

(2) A voluntary dismissal without prejudice of a responding party’s cause of action, or part of a cause of action, that is the subject of a motion pursuant to section 6-3903, Idaho Code, does not affect a moving party’s right to obtain a ruling on the motion and to seek costs, attorney’s fees, and expenses pursuant to section 6-3910, Idaho Code.

(3) A voluntary dismissal with prejudice of a responding party’s cause of action, or part of a cause of action, that is the subject of a motion pursuant to section 6-3903, Idaho Code, establishes for the purpose of section 6-3910, Idaho Code, that the moving party prevailed on the motion.

[6-3907, added 2025, ch. 17, sec. 1, p. 50.]

§ 6-3908 Ruling

The court shall rule on a motion pursuant to section 6-3903, Idaho Code, no later than sixty (60) days after a hearing pursuant to section 6-3905, Idaho Code.

[6-3908, added 2025, ch. 17, sec. 1, p. 50.]

§ 6-3909 Appeal

A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion pursuant to section 6-3903, Idaho Code. The appeal shall be filed within forty-two (42) days after entry of the order pursuant to applicable court rule.

[6-3909, added 2025, ch. 17, sec. 1, p. 50.]

§ 6-3910 Costs, attorney’s fees, and expenses

Upon a motion pursuant to section 6-3903, Idaho Code, the court shall award court costs, reasonable attorney’s fees, and reasonable litigation expenses related to the motion:

(1) To the moving party if the moving party prevails on the motion; or

(2) To the responding party if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with intent to delay the proceeding.

[6-3910, added 2025, ch. 17, sec. 1, p. 50.]

§ 6-3911 Construction

This chapter shall be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the constitution of the United States and the constitution of the state of Idaho.

[6-3911, added 2025, ch. 17, sec. 1, p. 51.]

§ 6-3912 Uniformity of application and construction

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

[6-3912, added 2025, ch. 17, sec. 1, p. 51.]

§ 6-3913 Transitional provision

The provisions of this chapter shall apply to a civil action filed or cause of action asserted in a civil action on or after January 1, 2026.

[6-3913, added 2025, ch. 17, sec. 1, p. 51.]

§ 6-3914 Savings clause

The provisions of this chapter shall not affect a cause of action asserted before January 1, 2026.

[6-3914, added 2025, ch. 17, sec. 1, p. 51.]

§ 6-3915 Severability

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are severable.

[6-3915, added 2025, ch. 17, sec. 1, p. 51.]