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Ex. DUT-ID-005 Standing duty Primary source read

Idaho Code section 39-419 (text as in force 2020 through March 18, 2021)

Violation of public health laws: misdemeanor; civil liability for expense

Idaho Legislature (Idaho Code tit. 39, ch. 4) · Idaho (State)

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The record

Jurisdiction
Idaho
Level
State
Authority
Idaho Const. art. III; enacted 1970 Idaho Sess. Laws ch. 90, sec. 8; last pre-pandemic amendment 2000 ch. 132, sec. 35
Issued
2000-07-01 July 1, 2000
Effective
In force in this text from July 1, 2000 through March 18, 2021 (read as 2000-07-01)
End
standing (amended effective Mar. 19, 2021 by S1060, 2021 ch. 90, Ex. DUT-ID-006) (read as 2021-03-19)
In force
Standing since July 1, 2000 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing duty
Addressees
  • persons, associations and corporations and the officers thereof (expressly), that is, employers and owners or persons in control of premises
Character
order penalty
Collection
Standing duties: Idaho DUT-ID

Operative words

(1) It shall be unlawful for any person, association, or corporation, and the officers thereof to willfully violate, disobey, or disregard the provisions of the public health laws or the terms of any lawful notice, order, standard, rule, regulation, or ordinance issued pursuant thereto;... (2) Any person... violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor

Penalty

Misdemeanor: fine up to $300 or county jail up to six months or both; civil liability for expenses incurred by the district (§ 39-419(2)-(3)); recited by SCPHD Order 2020-01 (Ex. ID-058) and Boise Order 20-09 sec. 9 (Ex. ID-073)

What it required

Every person, association and corporation, and their officers, to obey the public health laws and every lawful notice, order, standard, rule, regulation or ordinance issued under them; disobedience a misdemeanor with civil liability for the expense of enforcement.

Retrieval note

The 2020 text named 'association, or corporation, and the officers thereof' in both subsections; S1060 (2021) struck those words from subsection (1) and added subsection (4) (fifty-dollar infraction for willful violation of an order applicable to all persons in a county or district). The misdemeanor in subsection (2) continued for every other violation.