: IDAHO CODE CONTAININGTHE GENERAL LAWS OF IDAHO a ANNOTATED ^:iMm'^^ 1* '> GENERAL INDEXA TO H 2013 K^^m'sht QUESTIONS li INDEX ASSISTANCE :E^ IX ^^^:^^^^^^.^:^^^;: :: 10/897-7922 43W972-*7686 ;:-;^ •;iN||^|||i|igLiL^^^^^^^ ; €MSTia!^fi;iii¥ieE Digitized by tine Internet Arciiive 2013 in http://arcliive.org/details/govlawidcode2013indexali SUGGESTIONS FOR FAST, EFFECTIVE USE OF THE INDEX PLEASE READ THE FOREWORD TO THE INDEX 1. WHICHAPPEARSINTHISVOLUME. STOP AND THINK ABOUT YOUR SUBJECT; TAKE 2. A MOMENT TO SELECT THE TERMS MOST DESCRIPTIVE OFYOUR RESEARCH SUBJECT. IT HELPSTOSELECTTHEPRINCIPALSUBJECTRATHER THANTHE SECONDARYSUBJECTANDTO LOOKFOR NOUNSRATHERTHANADJECTIVES. YOUR SEARCHDOESNOTLEADYOUTO THE CODE 3. IF SECTION SOUGHT, OR IF YOU HAVE QUESTIONS ABOUT OR SUGGESTIONS FOR THE INDEX, PLEASE FEEL WELCOME TO CONTACT THE INDEXERS. THE INDEXERS MAY BE REACHED DIRECTLY BY THE FOLLOWING METHODS: TOLL-FREE INDEX NUMBER, 1-800-897-7922, BETWEEN 8:00 AM AND 4:30 PM, EASTERN TIME ZONE; FAX NUMBER, 1-434-972-7686; INTERNET E-MAIL ADDRESSED [email protected]. LexisNexisandtheKnowledgeBurstlogoareregisteredtrademarks,andMICHIEis atrademarkofReedElsevierPropertiesInc.,usedunderlicense.MatthewBenderisa registeredtrademarkofMatthewBenderPropertiesInc. © 2013 State of Idaho All rights reserved. 4239330 ISBN 978-0-7698-6457-0 Foreword to the Index This replacement index has been revised, second expanded and updated to include index treatment oflegislation through the 2013 Regular Session. In order to provide a more effective guide to the statutory law, each section of the Idaho Code, as well as each entry in the 2012 replacement index, was reexamined in light ofsubsequent amendments, enactments and repeals. Also contained in this replacement index is an index to local and special laws. The general index contains treatment of the laws compiled in the Idaho Code, the constitutions of Idaho and the United States, the Organic Act of the Territory of Idaho, the Idaho Admission Bill, Federal Laws of Particular Interest to Idaho and the various rules of the state courts. Statutory provisions are referred to in the index by section number (e.g., §18-105). The constitutions, court rules and other contents are identified by abbreviations, a table ofwhich follows this foreword. The general index is a topical index, not a random word index. Random entries in an index to statutes are misleading since they result in split or partial treatment. Therefore, we have chosen to use a systematic arrangement ofmain topical headings in order to avoid this split treatment. Main headings in the general index treat subject matter exhaustively, unless cross references are made to other main headings. Users ofteninquire as to Michie's®use ofcross references inindexes. Cross references serve to keep indexes to a manageable size by reducing the amount of repetition of treatment under different headings. To make the cross references even more useful and efficient, group section references, which cite the user to the principal statutory treatment of the subject, have been attached to many of our cross references; this provides the user with the option to ignore the cross reference altogether by going to the code for the cited material. Main headings were derived from the language of the Idaho Code, from the phraseology commonly used in the courts of Idaho and from terminology commonly used in the legal profession. In addition, an effort was made to employ phrases and terms commonly applied to Idaho Code sections, such as frequently used nonlegal terms. We solicit your help in keeping this index as usable as possible and ask that you inform us of any popular names that may have eluded us by returning the business reply cards found inside the back cover ofeach index volume. You may also use the cards to tell us of any errors we have made or improvements you think we should make. Michie® also maintains a toll-free Index number (1-800-897-7922) for use by those needing immediate help in locating a particular section or by those desiring to make comments or suggestions. Additionally, you may reach the Indexers by fax (1-434-972-7686); or by Internet E-mail (Ing-cho- [email protected]). All suggestions, questions or comments receive serious consideration. For non-index questions and comments, or to place orders. Customer Service may be reachedby toll-free telephone number (1-800-833-9844), orby toll- free fax (1-800-828-8341). The general index does not attempt to cover each topic in the vast field of law but refers only to those materials contained in the Idaho Code. A thorough knowledge ofthe format and terminology ofthe Idaho Code is essential to the use of this index as a guide to subject matter. Afew basic rules for usingthis index are: (1) Gain familiarity with the contents ofthe Idaho Code and the index. Knowledge ofthe arrangement, terminology, topical treatment, analyses and reference system of both the code and the index is essential and must be acquired through examination and study. VI FOREWORD TO THE INDEX (2) Consult the principal subject and not the secondary subject. Thus, for motor vehicle registration, look under motor vehicle registration and not under registration; for attorneys' fees, look under attorneys' fees and not under fees; for sales ofalcoholic beverages, look under alcoholic beverages and not under sales. (3) Lookfor the noun and not the adjective. Thus, for foreign corporations, look under corporations and not under foreign; for primary elections, look under elections and not under primaries.An exception to this rule is made for commonly used phrases orterms of art that are expressed in unitary phrases. Thus, for wrongful death, look under wrongful death and not under death; for declaratoryjudgments, look under declaratory judgments and not underjudgments. (4) Consult the mostpertinent subject. Thus, for claims against estates, look under decedents'estates and not under claims or creditors or liens. (5) Consult allied headings. If your search under one heading is to no avail, try another allied heading. Thus, if a search under the heading police is fruitless, try sheriffs or peace officers or law enforcement officers or other related headings. Each section has itemized entries, but perhaps they appear under headings that may not have initially occurred to you. (6) Use cross references. Pay close attention to and make full use ofthe index cross references. MICHIE ! Table ofAbbreviations AdmBill IdahoAdmission Bill Const IdahoArt Constitution ofthe State ofIdaho, Article US Const Amd Constitution ofthe United States,Amendment US Const Art Constitution ofthe United States,Article FedLaw Federal Laws ofParticular Interest to Idaho AppPro IdahoAppellate Rules Bar Comm Rule Idaho Bar Commission Rules CtAdminR Idaho CourtAdministrative Rules CrimPro Idaho Criminal Rules InfR Idaho Infraction Rules JuvR Idaho Juvenile Rules CivPro Idaho Rules ofCivil Procedure CivProAppx Idaho Rules ofCivil ProcedureAppendix Evid Idaho Rules ofEvidence ProfCond Rule Idaho Rules ofProfessional Conduct MisdCr Misdemeanor Criminal Rules , . . . . OrgAct OrganicAct ofthe Territory ofIdaho SRBA. Snake River BasinAdministration The court rules appear in a separate, soft-bound volume. The constitutions, the Federal Laws ofParticular Interest to Idaho, theAdmission Bill, and the OrganicAct appear inVolume 1. General Index I ABANDONED MOTORVEHICLES, §§49 1801 to ABANDONMENT—Contd — 49-1819. Homesteads Cont'd See TOWINGAND STORAGE OFVEHICLES. Presumption ofabandonment, §55-1006. ABANDONMENT. Lost and unclaimed property. Aged persons. Disposition ofunclaimed property, §§14-501 to 14-543. Elderly abuse, exploitation and neglect, §§39-5301 See LOSTAND UNCLAIMED PROPERTY. SeteoA3D9-U5L31T2.ABUSE, EXPLOITATIONAND Manufactured home residency. NEGLECT Abandoned homes. .. Defined, §55-2003. Airtight containers. "Abandon" defined as leavingto attract children, Release ofowner's interest in abandoned home, §55-2009D. §18-5817. Remoavbaalndoofndmoeonrtl,oc§k§s18r-e5q8u1i6r,ed18pr-i5o8r18t.o " SalIenstpoecstaitoinsfyprliioernst,o§s5a5le-,20§0595B-.2009E. Buildings. Notice ofsale, §55-2009C. Permanentbuildingfund. Proceeds, priority ofdisposition, §55-2009F. Mines and mining. Revenues derived from abandoned property, Abandoned mine reclamation, §§47-1701 to §57-1109. Children and minors. 47-1708. See MINESAND MINING. Child protective act, §§16-1601 to 16-1643. See CHILD PROTECTIVEACT. Location ofabandoned claim, §47-607. Safe haven act. MoSteoerTvOeWhiIcNleGs,A§N§D49S-1T8O01RAtoGE49-O1F81V9.EHICLES. Emergencycustodyofabandoned child, §§39-8201 to 39-8207. Nonsupport ofwife or children, §§18-401 to See SAFE HAVENACT See18S-4U05P.PORTAND MAINTENANCE. Cruelty to animals. Presumptions. Abandoned animals to be killed, §25-3511. Animals leftwithveterinarians, §25-3512. Lost and unclaimed propertygenerally, §§14-502 DiDsuptoiseistioofnpeoafceunocfflicaeirsm,e§d25p-r3o5p1e1r.ty, §§14-501 to PublSiecteowP1oR4r-Ek5S1s6U.cMoPnTtIraOcNtSor.s. 14-543. See LOSTAND UNCLAIMED PROPERTY. Construction projects abandoned. Elderly abuse, exploitation and neglect, Grounds for suspension orrevocation oflicense, §54-1914. §§39-5301 to 39-5312. SeeADULTABUSE, EXPLOITATIONAND Railroads. NEGLECT. ' Branch line or main line. Floatinghome moorage. Hearing, §62-424. Refrigerators. Right ofentry, §55-2703. Freezers. "Abandon" defined as leavingto attract children, §18-5817. "Abandon" defined as leavingto attract children, Removal ofdoor locks. §18-5817. Removal ofdoor locks. Required prior to abandonment, §§18-5816, 18-5818. Required prior to abandonment, §§18-5816, Safe haven act. 18-5818. " Geothermal resources. . Emergency custody ofabandoned child, §§39-8201 to 39-8207. Wells. See SAFE HAVENACT. Notice ofabandonment, §42-4007. Streets. Highways. Municipal corporations. Appeal from action ofhighwaycommissioners, §40-1310. Vacation ofstreets, avenues, etc., §50-311. Travelers' checks, §14-504. County andhighway district systems, §40-203. Unclaimed property, §§14-501 to 14-543. Judicial review, §40-208. See LOSTAND UNCLAIMED PROPERTY. Municipal corporations. Vulnerable adults, §18-1505A. Vacation ofcity streets, §50-311. Homesteads. ABATEMENT. Declaration ofabandonment, §55-1004. Decedents' estates. Declaration ofnonabandonment, §55-1006. Descent and distribution, §15-3-902. '' ' . INDEX ABATEMENT—Cont'd ABORTIONS—Cont'd Mosquito and vermin abatement districts, Definitions, §18-604. §§39-2801 to 39-2814. Partial-birth abortions, §18-613. See MOSQUITOAND VERMINABATEMENT Evidence. DISTRICTS. Corroborating testimony, §19-2115. Nuisances. Expedited review. Abatement ofnuisances generally. Order denjdng petition forbjrpass ofparental See NUISANCES. consent, AppPro 44.1. School building safety. Felonies. Abatement ofsafety hazards, §39-8011. Advertising medicines or other means for State bar commission rules. facilitating abortion, §18-603. Disciplinary proceedings, Bar Comm Rule 525. Partial-birth abortions, §18-613. ABATTOIRS. Soliciting abortion for another, §18-606. Renderingestablishments, §§25-3201 to 25-3208. Unlawful abortions, §18-605. See RENDERING ESTABLISHMENTS. Fetal death. See FETAL DEATH. ABDUCTION. First trimesterofpregnancy. Kidnapping, §§18-4501 to 18-4506. Defined, §18-604. See KIDNAPPING. Permitted abortions, §18-608. ABORTIONS, §§18-601 to 18-616. Freedom ofconscience forhealth care Abortions permitted. professionals, §18-611. Conditions and guidelines, §18-608. Health coverage. Accessories, §18-606. Limitation ofbenefits for elective abortions. Accomplices, §18-606. Disability insurance policies, §41-2142. Actions. Group and blanket disability insurance, Pain-capable unborn child protection act. §41-2210A. Anonymity ofwoman in civil proceedings, Hospital and professional service corporations, §41-3439. §18-509. Civil remedies, §18-508. Managed health care plans, §41-3924. Partial-birth abortions. -: Prohibition ofabortion coverage in state Right to bring civil action, §18-613. exchanges, §41-1848. Advertising. Hospital and professional service Abortifacients. corporations. Unauthorized sales, §18-607. Limitation ofbenefits for elective abortions, Certain advertisingfor facilitating abortion §41-3439. prohibited, §18-603. Hospitals. Aggravatedbattery, §18-907. Civil liability, §§18-609, 18-612. Appeals. Defined, §18-604. Order denyingpetition forbypass ofparental Refusal to perform, immunity, §18-612. consent, AppPro 44.1. Identification required, §18-614. Attorneys at law. Immunities. Judicial bypass ofparental consent. Freedom ofconscience forhealth care Expedited review oforder denyingpetition. professionals, §18-612. Representation to continue on appeal, AppPro Partial-birth abortion. 44.1. Woman upon whom performed, §18-613. Coercion ofor attempt to coerce a woman into Induced abortion, §39-261. havingan abortion. Injunctions. Criminal offense, §18-615. ' Pain-capable unborn child protection act, §18-508. Confidentiality ofinformation. Insurance. Judicial bypass ofparental consent. Disability insurance policies. Expedited review oforder denyingpetition, Limitation ofbenefits for elective abortions, AppPro 44.1. §41-2142. Minors. Group and blanket disabilityinsurance. Judicial authorization ofabortion. Limitation ofbenefits for elective abortions, Court records exempt from disclosure, §41-2210A. §9-340G. Managed health care plans. Consent, §18-609. Limitation ofbenefits forelective abortion, Judicial bypass ofparental consent, §18-609A. §41-3924. Reports by courts, §18-609F. Materials to be provided to patientsfor Minors. informed consent purposes, §18-609. Required consent for abortions for, §18-609A. Minors. Legislative findings and intent, §18-602. Defenses to prosecution forviolations, §18-614. Reports by courts, §18-609F. Identification required to confirm age, §18-614. Order denying petition for bypass ofparental Judicial authorization ofabortion. consent. Court records. Expedited review, AppPro 44.1. Exemption from disclosure, §9-340G. Refusal to consent by pregnantwoman, §18-610. Judicial bypass ofparental consent, §18-609A. Damages. Reports by courts, §18-609F. Pain-capable unborn child protection act. Positive identification. Intentional orreckless violation, §18-508. Defenses to prosecution forviolations, §18-614.