Idaho Code § 40-2004 — Idaho Code / Title 40 / Chapter 20 / Section 40-2004
40-2004 RELOCATION EXPENSE — COMPENSATION OPTIONS — LIMIT OF COMPENSATION FOR BUSINESS OR FARM RELOCATIONS.
Status: in_force

40-2004. Relocation expense — Compensation options — Limit of compensation for business or farm relocations. (1) As a part of the cost of any public program or project, any agency using any funds for public purposes shall compensate a displaced person for his actual and reasonable expense in moving himself, family, business or farm operation, including moving personal property, and for any actual direct losses of tangible personal property as the result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate the property, as determined by the agency, and for actual reasonable expenses in searching for a replacement business or farm. However, the compensation authorized by this section for actual and reasonable moving expenses, actual direct losses of tangible personal property, and expenses in searching for a replacement farm or business shall be limited to relocating a displaced person, family, business or farm operation within a reasonable distance from the location previously occupied and from which the displaced person has been required to move.

(2) Any displaced person who moves from a dwelling who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (1) of this section shall receive a moving expense allowance, determined according to regulations and schedules established by the agency, not to exceed three hundred dollars ($300), and in addition a dislocation allowance of two hundred dollars ($200).

(3) Any displaced person who moves or discontinues his business or farm operation who elects to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (1) of this section, shall receive a fixed relocation payment in an amount equal to the average annual net earnings of the business or farm operation, except that the payment shall not be less than two thousand five hundred dollars ($2,500) nor more than ten thousand dollars ($10,000). In the case of a business, no payment shall be made under this subsection unless the agency is satisfied that the business cannot be relocated without a substantial loss of patronage, and is not a part of a commercial enterprise having at least one (1) other establishment not being acquired which is engaged in the same or similar business. In addition to the other requirements of this chapter, to be eligible for the payment authorized by this subsection the business or farm operation must make its financial statements, accounting records, and state income tax returns available to the agency for audit for confidential use in determining the payment or payments authorized by this subsection. Such financial statements, accounting records and state income tax returns shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

(4) If any agency determines that property, contiguous with property acquired, owned or occupied by an individual, family, business or farm operation, has been damaged as the result of a public program or project, it shall offer the individual, family, business or farm operation the same compensation as it might offer to a displaced person under subsection (1), (2) or (3) of this section and under sections 40-2005 and 40-2007, Idaho Code.

History:

[40-2004, added 1985, ch. 253, sec. 2, p. 690; am. 1990, ch. 213, sec. 51, p. 521; am. 2000, ch. 192, sec. 3, p. 474; am. 2015, ch. 141, sec. 104, p. 453.]
Idaho Code § 40-107 — Idaho Code / Title 40 / Chapter 1 / Section 40-107
40-107 DEFINITIONS — F.
Status: in_force

40-107. Definitions — F. (1) "Facilities" mean tracks, pipes, mains, conduits, cables, wires, towers, poles, equipment and appliances.

(2) "Family" means two (2) or more persons living together in the same dwelling unit who are related to each other by blood, marriage, adoption or legal guardianship.

(3) "Farm operation" means any activity conducted primarily for the production of agricultural products or commodities, including timber, for sale and home use, and producing agricultural products or commodities in sufficient quantity to contribute materially to the operator's support.

(4) "Feeder highway" means any highway which, in the opinion of the transportation board, is needed to create or facilitate access to a turnpike project upon which a toll is charged for transit.

(5) "Federal land rights-of-way" mean rights-of-way on federal land within the context of revised statute 2477, codified as 43 U.S.C. 932, and other federal access grants and shall be considered to be any road, trail, access or way upon which construction has been carried out to the standard in which public rights-of-way were built within historic context. These rights-of-way may include, but not be limited to, horse paths, cattle trails, irrigation canals, waterways, ditches, pipelines or other means of water transmission and their attendant access for maintenance, wagon roads, jeep trails, logging roads, homestead roads, mine to market roads and all other ways.

(6) "Final design" means any design activities following preliminary design and includes the preparation of final construction plans and detailed specifications for the performance of construction work.

(7) "Fixed price-best design" means a selection process in which the contract price is established by the department and stated in the request for proposals. Design solutions and other qualitative factors are evaluated and rated, with award going to the design-build firm offering the best qualitative proposal for the established price.

History:

[40-107, added 1985, ch. 253, sec. 2, p. 589; am. 1993, ch. 142, sec. 2, p. 376; am. 2010, ch. 293, sec. 5, p. 780.]
Idaho Code § 40-1002 — Idaho Code / Title 40 / Chapter 10 / Section 40-1002
40-1002 NONPAYMENT — CALL.
Status: in_force

40-1002. Nonpayment — Call. When any warrant is presented to the district treasurer for payment, and it is not paid for want of funds, the treasurer must indorse on the back of the warrant, "not paid for want of funds," and shall write upon it the date of presentation and sign his name. Warrants indorsed by the treasurer shall draw interest at the rate established by the district board from the date of indorsement until paid.

History:

[40-1002, added 1985, ch. 253, sec. 2, p. 642.]
Idaho Code § 40-1802 — Idaho Code / Title 40 / Chapter 18 / Section 40-1802
40-1802 PETITION FOR DISSOLUTION — CONTENTS.
Status: in_force

40-1802. Petition for dissolution — Contents. All proceedings for the dissolution of highway districts shall be initiated by a petition of twenty-five (25) or more qualified electors of the district, addressed to the commissioners of the county in which the district is situate, and which shall concisely state the grounds or reasons for the dissolution and contain a request for a hearing of the petition.

History:

[40-1802, added 1985, ch. 253, sec. 2, p. 678.]
Idaho Code § 40-819 — Idaho Code / Title 40 / Chapter 8 / Section 40-819
40-819 ELECTION TO INCREASE LEVY — NOTICE.
Status: in_force

40-819. Election to increase levy — Notice. (1) Whenever the levies provided by law to be made by highway district commissioners will not, in the opinion of the highway district commissioners, produce a sufficient amount of money for the use of the highway district for their purposes, the highway district board may by order authorize the holding of an election within the highway district, at which election the voters may determine whether or not any levy for any purpose authorized by law for highway districts shall be increased to produce revenues for those purposes. If at the election the majority of the qualified voters shall vote in favor of increasing any of the levies, the levies may be increased. The increase shall not exceed an additional twenty percent (20%) of the levy authorized by law for that purpose.

(2) The highway district commissioners shall designate the date of the election that is in accordance with the dates authorized in section 34-106, Idaho Code, and which shall be held within the highway district. Notice of the election shall be given by the county clerk in accordance with the provisions of title 34, Idaho Code, and section 40-206, Idaho Code. The notice shall state:

(a) The time and place of holding the election;

(b) The amount of money which the levy authorized by law to be made by the highway district commissioners will produce;

(c) The amount of money in excess of each of the levies desired to be raised by the highway district commissioners, and generally the purpose for which the additional money is to be used;

(d) If at the election a majority of the qualified voters voting vote in favor of increasing the levy that the levy may be increased in an amount not exceeding twenty percent (20%) of the levy provided by law; and

(e) The additional levy, if authorized by a majority vote at the election, will when added to the levy provided by law provide sufficient money for the particular purpose of which the levy is authorized.

History:

[40-819, added 1985, ch. 253, sec. 2, p. 634; am. 2009, ch. 341, sec. 72, p. 1039.]
Idaho Code § 40-104 — Idaho Code / Title 40 / Chapter 1 / Section 40-104
40-104 DEFINITIONS — C.
Status: in_force

40-104. Definitions — C. (1) "City system" means all public highways within the corporate limits of a city, with a functioning street department, except those highways that are under federal control, a part of the state highway system, part of a highway district system or an extension of a rural major collector route as specified in section 40-607, Idaho Code.

(2) "Commercial activities." (See "Unzoned commercial or industrial areas," section 40-122, Idaho Code)

(3) "Commercial areas, unzoned." (See "Unzoned commercial or industrial areas," section 40-122, Idaho Code)

(4) "Commissioners" means the board of county commissioners of a county of this state.

(5) "Congestion mitigation" means transportation road projects for the primary benefit of motor vehicles designed and constructed to reduce traffic congestion, travel delays, engine idle time, and unproductive fuel consumption. Congestion mitigation includes and is limited to improving vehicle traffic flow and travel times through expanding vehicle travel lanes, improving intersection efficiency, adding turning lanes, improving transportation management systems and signal operations, implementing intelligent transportation system strategies, or a combination of such methods.

(6) "Construction manager/general contractor firm" means a business entity with which the department has contracted to provide services prior to the final design phase and to provide for the construction of the project during the construction phase.

(7) "Construction manager/general contractor project" means a project where the department retains a consultant or has on staff an Idaho licensed professional engineer to develop the design and also hires a construction manager/general contractor firm to provide services prior to the final design. If a guaranteed maximum price is negotiated successfully, the construction manager/general contractor firm also provides for construction of the project.

(8) "Consultant" means an individual or business entity possessing the qualifications to provide licensed architectural, licensed engineering, or licensed land surveying services or possessing specialized credentials and qualifications.

(9) "Controlled-access facility" means a highway especially designed for through traffic to which owners or occupants of abutting land have no right or easement or only a controlled right or easement of access by reason of the fact that their property abuts upon the controlled-access facility. These highways may be freeways open to use by all customary forms of highway traffic or they may be parkways from which trucks, buses and other commercial vehicles shall be excluded.

(10) "County highway system" or "county secondary highways" means all public highways in a county except those included within the state highway system, those under another state agency, those included within city highway systems of incorporated cities, those included within a highway district highway system, and those under federal control.

History:

[40-104, added 1985, ch. 253, sec. 2, p. 588; am. 1986, ch. 328, sec. 1, p. 803; am. 1994, ch. 324, sec. 1, p. 1039; am. 2010, ch. 293, sec. 3, p. 778; am. 2023, ch. 90, sec. 1, p. 284.]
Idaho Code § 40-1326 — Idaho Code / Title 40 / Chapter 13 / Section 40-1326
40-1326 NOTICE OF BUDGET HEARING.
Status: in_force

40-1326. Notice of budget hearing. Notice of the budget hearing meeting shall be posted at least ten (10) full days prior to the date of the meeting in at least one (1) conspicuous place in each highway district and a copy of the notice shall also be published in accordance with the provisions of section 40-206, Idaho Code. The place, hour and day of the hearing shall be specified in the notice, as well as the place where the budget may be examined prior to the hearing. A full and complete copy of the proposed budget shall be published with and as a part of the publication of the notice of hearing.

History:

[40-1326, added 1985, ch. 253, sec. 2, p. 656.]
Idaho Code § 40-801 — Idaho Code / Title 40 / Chapter 8 / Section 40-801
40-801 AUTHORITY AND PROCEDURE FOR LEVIES.
Status: in_force

40-801. Authority and procedure for levies. (1) The commissioners of a county highway system, the commissioners of a county-wide highway district, and the commissioners of highway districts are empowered, for the purpose of construction and maintenance of highways and bridges under their respective jurisdictions, to make the following highway ad valorem tax levies as applied to the market value for assessment purposes within their districts:

(a) Two-tenths per cent (0.2%) of market value for assessment purposes for construction and maintenance of highways and bridges; provided that if the levy is made upon property within the limits of any incorporated city, fifty per cent (50%) of the funds shall be apportioned to that incorporated city.

(b) A special levy of eighty-four thousandth per cent (0.084%) of market value for assessment purposes to be used for any one (1) or all of the following purposes:

1. bridge maintenance and construction;

2. matching state and federal highway funds;

3. secondary highway construction;

4. secondary highway maintenance and improvements;

5. maintenance during an emergency.

No part of this levy shall be apportioned to any incorporated city.

(2) The tax levies authorized by this section shall be certified to the county auditor of the county in which the levies are made, at the same time that other tax levies are certified for other county purposes, shall be collected by the same officers and in the same manner as any other county taxes are collected, and paid into the county treasury and apportioned to the districts or taxing units in the amount that their respective levies produced, exclusive of ordinary collection fees to the county and the proper apportionment to the incorporated cities.

(3) The total levies for construction and maintenance of highways and bridges, secondary highway matching funds and construction and maintenance of bridges only, shall not exceed two hundred eighty-four thousandth per cent (0.284%) of the market value for assessment purposes.

History:

[40-801, added 1985, ch. 253, sec. 2, p. 627.]
Idaho Code § 40-1913 — Idaho Code / Title 40 / Chapter 19 / Section 40-1913
40-1913 REMOVAL OF DISPLAYS.
Status: in_force

40-1913. Removal of displays. Any outdoor advertising which is not in compliance with the provisions of this chapter may be removed by the department. Just compensation shall be paid upon the removal of any outdoor advertising sign, display, or device lawfully erected under state law, but the department shall not be required to purchase or remove any advertising displays as required under this chapter, until matching federal aid funds are available for the purchase or removal by the federal government.

History:

[40-1913, added 1985, ch. 253, sec. 2, p. 687.]
Idaho Code § 40-705 — Idaho Code / Title 40 / Chapter 7 / Section 40-705
40-705 TRANSFER AND CONTROL OF FUNDS.
Status: in_force

40-705. Transfer and control of funds. All funds, appropriations and other moneys from whatever source, now or subsequently appropriated and provided by law for the administration of the functions, powers and duties of the department and the board, including those of the state highway account, shall be and the same hereby are transferred and made available to and placed under the control of the board and appropriated for expenditure by it and shall be paid out by the state treasurer in the manner provided by the constitution and the laws of the state of Idaho.

History:

[40-705, added 1985, ch. 253, sec. 2, p. 622.]
Idaho Code § 40-707 — Idaho Code / Title 40 / Chapter 7 / Section 40-707
40-707 APPROPRIATION OF MONEYS IN STATE HIGHWAY ACCOUNT.
Status: in_force

40-707. Appropriation of moneys in state highway account. (1) From federal funds within the state highway account, there are hereby continuously appropriated first such amounts as, from time to time, shall be certified by the Idaho housing and finance association to the state controller, state treasurer and the board as necessary for payment of principal, interest and other amounts required for transportation bonds or notes of the Idaho housing and finance association in accordance with chapter 62, title 67, Idaho Code, which amounts shall be transferred to the GARVEE debt service fund established in section 40-718, Idaho Code.

(2) The board may, but is not obligated to, use any nonfederal funds in the state highway account to pay match as required for receipt of federal funds used to pay the bonds or notes as described in subsection (1) of this section. Such match may be transferred to the GARVEE debt service fund established in section 40-718, Idaho Code.

(3) One-half of one percent (.5%) of the moneys in the state highway account may be utilized to encourage the use of recycled materials including, but not limited to, recycled glass, reclaimed asphalt, asphalt containing recycled plastic, recycled rubber tires and paper in highway construction and maintenance projects. All other moneys at any time in the state highway account, except those as are otherwise required by law to be placed in the state highway redemption account, are hereby appropriated for the purpose of defraying the expenses, debts and costs incurred in carrying out the powers and duties of the Idaho transportation board as provided by law, and for defraying administrative expenses of the department, including salaries of the board, the salary of the director, and salaries and wages of employees of the department and board and expenses for traveling. Communication supplies, equipment, fixed charges and all other necessary expenses of the department, including the aeronautics air flight program and the board, not otherwise provided for and all claims against the state highway account shall be examined by the department and certified to the state controller, who shall, upon approval of the board of examiners, draw his warrant against the state highway account for all bills and claims allowed by the board.

History:

[40-707, added 1985, ch. 253, sec. 2, p. 622; am. 1994, ch. 180, sec. 78, p. 478; am. 1994, ch. 409, sec. 2, p. 1281; am. 2005, ch. 378, sec. 5, p. 1220; am. 2011, ch. 58, sec. 2, p. 122.]
Idaho Code § 40-2318 — Idaho Code / Title 40 / Chapter 23 / Section 40-2318
40-2318 TURNING HIGHWAYS ACROSS PRIVATE LANDS.
Status: in_force

40-2318. Turning highways across private lands. If any person, through whose land any public highway is established, is desirous of turning the highway through any other part of his land, that person may, by petition, apply to the appropriate commissioners to permit him to turn the highway through another part of his land without materially increasing the distance of travel to the public. Upon receipt of a petition, accompanied by a sufficient bond to pay the cost and expense to be incurred, the appropriate commissioners may appoint three (3) disinterested viewers and a surveyor, if they deem it necessary, who shall view the ground over which the highway is proposed to be turned, and ascertain the distance the highway will be increased by the proposed alteration, and report in writing stating the several distances found, together with their opinion as to the usefulness of making the alterations. If the viewers report to the respective commissioners that the prayer of the petitioner is reasonable, the respective commissioners upon receiving satisfactory evidence that the proposed new highway has been opened a legal width, and in all respects made equal to the old highway for the convenience of travelers, may declare the new highway a public highway, make record of it, and at the same time vacate so much of the old highway as is embraced in the new. The person petitioning for the alteration shall pay all costs and expense of the view and survey, if ordered. When any person wishes to change the line or location of any public highway, he shall cause notice of his intention to apply to the appropriate commissioners having jurisdiction of the highway at its next session for permission to change the highway at his own expense, the notice to be in accordance with the provisions of section 40-206, Idaho Code, and shall also cause a copy of the notice to be posted at the post office, and at three (3) other public places in the county or district, at least twenty (20) days before the meeting of the respective commissioners. The notice must clearly show the proposed change or changes, and when, where, and by whom the petition will be presented, and at the time and place designated in the notice he must present his petition, which must conform to the notice. Any person objecting to the change may, within ten (10) days, file a protest in writing against it. Any person aggrieved by the action of the respective commissioners may appeal to the district court of the county in the same manner and with like effect as in other cases of appeal from the action of the respective commissioners.

History:

[40-2318, added 1985, ch. 253, sec. 2, p. 697.]
Idaho Code § 40-1714 — Idaho Code / Title 40 / Chapter 17 / Section 40-1714
40-1714 EXPENSES OF ELECTION.
Status: in_force

40-1714. Expenses of election. In all counties where elections are held under the provisions of this chapter, commissioners shall pay expenses of the elections from the election fund of the county.

History:

[40-1714, added 1998, ch. 415, sec. 11, p. 1313; am. 2009, ch. 341, sec. 94, p. 1047.]
Idaho Code § 40-1411 — Idaho Code / Title 40 / Chapter 14 / Section 40-1411
40-1411 APPORTIONMENT OF FUNDS TO PAY DEBTS OF DISSOLVED DISTRICTS.
Status: in_force

40-1411. Apportionment of funds to pay debts of dissolved districts. Each year after its dissolution and until all indebtedness, including outstanding warrants of a dissolved system or district shall have been fully paid, it shall be the duty of the succeeding county-wide highway district in which the districts were situated, to apportion for the benefit of any dissolved county or city highway system, or highway district that portion of moneys arising out of the highway users' moneys and the moneys from all other sources as the system or district would be entitled to receive had it not been dissolved. The treasurer of the succeeding county-wide highway district shall place the moneys to the credit of the county-wide district in a special fund in the county treasury with other funds belonging to the district, the funds to be used for payment of the dissolved system's or district's bonded or funded indebtedness.

History:

[40-1411, added 1985, ch. 253, sec. 2, p. 661.]
Idaho Code § 40-318 — Idaho Code / Title 40 / Chapter 3 / Section 40-318
40-318 LIMITATION OF POLITICAL ACTIVITY.
Status: in_force

40-318. Limitation of political activity. (1) No officer or employee of the department or board shall:

(a) Use his official authority or influence for the purpose of interfering with an election to or a nomination for office, or affecting the result thereof;

(b) Directly or indirectly coerce, attempt to coerce, command, or direct any other such officer or employee to pay, lend, or contribute any part of his salary or compensation or anything else of value to any party, committee, organization, agency, or person for political purposes; or

(c) Be a candidate and hold elective office in any partisan election.

(2) All such officers and employees shall retain the right to:

(a) Register and vote in any election;

(b) Express an opinion as an individual privately and publicly on political subjects and candidates;

(c) Display a political picture, sticker, badge, or button;

(d) Participate in the nonpartisan activities of a civic, community, social, labor, or professional organization, or of a similar organization;

(e) Be a member of a political party or other political organization and participate in its activities;

(f) Attend a political convention, rally, fund-raising function, or other political gathering;

(g) Sign a political petition as an individual;

(h) Make a financial contribution to a political party or organization;

(i) Take an active part in support of a candidate in an election;

(j) Be politically active in connection with a question which is not specifically identified with a political party, such as a constitutional amendment, referendum, approval of a municipal ordinance or any other question or issue of a similar character;

(k) Serve as an election judge or clerk, or in a similar position to perform nonpartisan duties as prescribed by state or local law;

(l) Be a candidate and hold elective office in any nonpartisan election;

(m) Take an active part in political organization management; and

(n) Otherwise participate fully in public affairs, except as prohibited by law, in a manner which does not materially compromise the neutrality, efficiency, or integrity of the officer's or employee's administration of state functions.

History:

[40-318, added 1990, ch. 356, sec. 2, p. 964.]
Idaho Code § 40-604 — Idaho Code / Title 40 / Chapter 6 / Section 40-604
40-604 DUTIES AND POWERS OF COMMISSIONERS.
Status: in_force

40-604. Duties and powers of commissioners. Commissioners shall:

(1) Exercise general supervision over all highways in the county highway system, including their location, design, construction, reconstruction, repair and maintenance, and develop general policies regarding highway matters.

(2) Cause to be surveyed, viewed, laid out, recorded, opened and worked, any highways or public rights-of-way as are necessary for public convenience under the provisions of sections 40-202 and 40-203A, Idaho Code.

(3) Cause to be recorded all highways and public rights-of-way within their highway system.

(4) Have authority to abandon and vacate any highway or public right-of-way within their highway system under the provisions of section 40-203, Idaho Code.

(5) Designate county highways, or parts of them, as controlled-access highways and regulate, restrict or prohibit access to those highways so as best to serve the traffic for which the facility is intended.

(6) Have authority to make agreements with any incorporated city, other county, a highway district, the state, or the United States, its agencies, departments, bureaus, boards, or any government owned corporation for the construction, reconstruction, or maintenance of the county's highway system by those entities or for the construction, reconstruction, or maintenance of the highway systems of those entities by the county's highway organization. The county shall compensate or be compensated for the fair cost of the work except as otherwise specifically provided in this title.

(7) Contract, purchase, or otherwise acquire the right-of-way over private property for the use of county highways and for this purpose may institute proceedings under the code of civil procedure.

(8) Levy an ad valorem tax to be paid into the county highway fund and cause the tax collected each year to be paid into that fund and kept by the treasurer as a separate fund. When all of the territory of a county is included in one (1) or more highway districts the commissioners shall not make any levy for general highway purposes.

(9) Audit and draw warrants on the county highway fund required for payment for rights-of-way improvement.

(10) Rename any highway within the county, excepting those situated within the territorial limits of incorporated cities, when the renaming will eradicate confusion.

(l1) Cause guide posts properly inscribed to be erected and maintained on designated highways.

(12) Exercise other powers as may be prescribed by law.

(14) By July 1, 2000, and every five (5) years thereafter, the commissioners shall have published in map form and made readily available the location of all public rights-of-way under their jurisdiction. The commissioners of a district may be granted an extension of time with approval of the legislature by adoption of a concurrent resolution.

History:

[40-604, added 1985, ch. 253, sec. 2, p. 616; am. 1986, ch. 328, sec. 7, p. 805; am. 1988, ch. 117, sec. 1, p. 216; am. 1993, ch. 412, sec. 7, p. 1511; am. 1998, ch. 154, sec. 1, p. 528; am. 1998, ch. 184, sec. 2, p. 674.]
Idaho Code § 40-309 — Idaho Code / Title 40 / Chapter 3 / Section 40-309
40-309 POWERS AND DUTIES — VESTED POWERS.
Status: in_force

40-309. Powers and duties — Vested powers. The board is vested with the following functions, powers and duties:

(1) To contract fully, in the name of the state of Idaho, with respect to the rights, powers and duties vested in the board by this title.

(2) Sue and be sued in its own name.

History:

[40-309, added 1985, ch. 253, sec. 2, p. 597.]
Idaho Code § 40-511 — Idaho Code / Title 40 / Chapter 5 / Section 40-511
40-511 STOPPING AND INSPECTION.
Status: in_force

40-511. Stopping and inspection. (1) Wherever by the laws of the state of Idaho any vehicle with a maximum gross weight or registered gross weight, or operated at a gross weight, of twenty-six thousand one (26,001) pounds or more, excepting those transporting placardable quantities of hazardous materials, is used to transport any merchandise, product, commodity, or livestock within the state, within the state to without the state, or from without the state to within the state, the owner or operator of either the motor vehicle or trailer, as defined in chapter 1, title 49, Idaho Code, used to transport such merchandise, product, commodity, or livestock is hereby required to stop at such ports of entry or checking stations established by the Idaho transportation department and submit to inspection, grading or weighing for compliance with the laws of the state of Idaho. Noncommercial vehicles, as defined in section 49-123(2)(k), Idaho Code, shall not be required to stop for inspection pursuant to this section.

(2) Vehicles or combinations of vehicles with a maximum gross weight of ten thousand (10,000) pounds or more transporting placardable quantities of hazardous materials are required to stop at all ports of entry or checking stations established by the Idaho transportation department.

(3) It shall be the duty of such owner or operator of every motor vehicle or trailer to drive the motor vehicle or trailer upon any state-owned inspection station, stationary or portable scale, or private scale, certified by the state of Idaho, when requested to do so by any peace officer, excepting fish and game officers, or authorized employees of the Idaho transportation department.

(4) Authorized employees of the transportation department may stop any vehicle with a maximum gross weight of eighteen thousand (18,000) pounds or more by displaying a flashing red light if the authorized employee has probable cause to believe the vehicle bypassed a weighing or inspection station or proceeded through the station without regard for the directional signals. Authorized employees may direct a vehicle that has bypassed a weighing or inspection station, or has proceeded through the station without regard for the directional signals, to return to the bypassed inspection or weighing station and may issue a citation for failure to stop as required in this section. The operator of a vehicle shall bring the vehicle to a stop, pulling off the traveled portion of the highway, when directed to do so by an authorized employee of the transportation department by use of emergency lights or siren.

(5) The department is authorized to implement technology and procedures, where practicable, to allow vehicles that meet established criteria to lawfully bypass a port of entry. The department may promulgate rules to implement the provisions of this section.

History:

[(40-511) 67-2927, added 1950 (E.S.), ch. 15, sec. 2, p. 26; am. 1970, ch. 54, sec. 1, p. 133; am. 1974, ch. 27, sec. 194, p. 811; am. 1982, ch. 95, sec. 141, p. 275; am. 1988, ch. 265, sec. 583, p. 878; am. and redesignated 1991, ch. 288, sec. 7, p. 746; am. 1992, ch. 111, sec. 1, p. 341; am. 1997, ch. 233, sec. 1, p. 682; am. 1999, ch. 393, sec. 1, p. 1091; am. 2006, ch. 31, sec. 2, p. 94; am. 2022, ch. 31, sec. 1, p. 88; am. 2024, ch. 14, sec. 1, p. 128.]
Idaho Code § 40-2206 — Idaho Code / Title 40 / Chapter 22 / Section 40-2206
40-2206 NEW HIGHWAY DISTRICT — ESTABLISHMENT OF SUBDISTRICTS.
Status: in_force

40-2206. New highway district — Establishment of subdistricts. When the commissioners of the existing highway district order the establishment of a new highway district, they shall have the duty to name the new highway district and to divide the new highway district into three (3) subdistricts, as nearly equal in population, area and mileage as practicable, to be known as highway commissioners subdistricts one, two and three. Subdistricts may be revised or modified as changes in conditions demand. Not more than one (1) of the highway district commissioners shall be an elector of the same highway subdistrict.

History:

[(40-2206) 40-2106, added 1994, ch. 331, sec. 1, p. 1062; am. and redesig. 2005, ch. 25, sec. 87, p. 118.]
Idaho Code § 40-2105 — Idaho Code / Title 40 / Chapter 21 / Section 40-2105
40-2105 CREATION OF AUTHORITY — VOTER APPROVAL — NAME.
Status: in_force

40-2105. Creation of authority — Voter approval — Name. Authorities may be established in one (1) of the following ways:

(1) (a) County-wide authorities. A city or commission by resolution may call for an election to establish a regional public transportation authority in the county to carry out the purposes of this chapter. The entire geographical area of the county must be included within the jurisdiction of an authority created pursuant to this subsection.

(b) The ballot question shall seek voter approval of the establishment of the authority.

(2) (a) Regional authorities. A city or commission may adopt a resolution proposing to establish an authority which contains contiguous parts of one (1) or more counties. The resolutions shall include a legal description of a contiguous region encompassed by the proposed authority and specifically name each city and county wholly or partially included therein. Boundaries of the proposed authority shall conform insofar as possible to existing boundaries dividing voting precincts.

(b) A certified copy of the resolution shall be transmitted by registered mail to the chief elected official of each city and county wholly or partially included in the proposed region.

(c) Each city and county shall, by resolution, either approve without alteration or reject the resolution proposing the establishment of an authority and transmit a certified copy to the clerk or recorder of the initiating city or commission. If a city or county fails to act upon the resolution proposing the establishment of an authority within sixty (60) days after receipt of the certified copy, the city or county is deemed to have rejected the resolution.

(d) If the city councils and county commissions of all cities and counties wholly or partially included in the proposed region approve the resolution proposing the establishment of an authority, the question shall be submitted for voter approval. The ballot question shall generally describe the area which is proposed to be included in the authority, identify each city and county which will be located either wholly or partially within the authority and shall seek voter approval of the establishment of the authority.

(3) Authorization to establish a regional public transportation authority may be made only by the registered voters of the region at an election held at least sixty (60) days after the final resolution is adopted and in conformity with section 34-106, Idaho Code. A simple majority of votes cast on the question shall be necessary to establish the authority.

(4) An authority created pursuant to this act shall be named the "……. (name of authority) REGIONAL PUBLIC TRANSPORTATION AUTHORITY." In the event two (2) or more authorities should by cooperative agreement merge their services the name may be appropriately changed by a majority vote of the board of each authority.

History:

[40-2105, added 1994, ch. 327, sec. 1, p. 1054; am. 1996, ch. 353, sec. 3, p. 1178.]
Idaho Code § 40-1418 — Idaho Code / Title 40 / Chapter 14 / Section 40-1418
40-1418 PROCEEDINGS FOR DISSOLUTION OF EXISTING SINGLE COUNTYWIDE HIGHWAY DISTRICT.
Status: in_force

40-1418. Proceedings for dissolution of existing single countywide highway district. All proceedings for the dissolution of single countywide highway districts shall be initiated by a petition of ten percent (10%) or more of the qualified electors residing in each of the county commissioner subdistricts, addressed to the commissioners of the county in which the single countywide highway district is situate, and which shall concisely state the grounds or reasons for the dissolution and contain a request for a hearing of the petition. A hearing on the petition shall be conducted pursuant to sections 40-1803 through 40-1805, Idaho Code. Following the hearing on the petition, the election and process for dissolution shall be conducted as provided in title 34, Idaho Code. The election shall be held at the next general election and in the event a majority of the qualified electors at the election vote in favor of dissolution, the commission shall immediately make and enter an order declaring the single countywide highway district dissolved.

History:

[40-1418, added 2004, ch. 361, sec. 1, p. 1081; am. 2009, ch. 341, sec. 80, p. 1043.]
Idaho Code § 40-1702 — Idaho Code / Title 40 / Chapter 17 / Section 40-1702
40-1702 COUNTYWIDE ELECTION TO ADOPT METHOD OF SECONDARY HIGHWAY ADMINISTRATION — PROCEDURE.
Status: in_force

40-1702. Countywide election to adopt method of secondary highway administration — Procedure. (1) In any county where there is a petition for an election to adopt a new method of administration of the secondary highways in the county, the procedure outlined in this chapter shall be followed.

(2) The petitions signed by five percent (5%) of the qualified voters or twenty-five (25) persons, whichever is greater, of each highway district and the area served by a county road department, where applicable, within the county may be filed with the county clerk and upon the commissioners finding that the petitions have been properly signed and filed, cause the formation of a local highway study commission as provided in section 40-1712, Idaho Code, prior to submitting the matter to vote of the entire county at the next general election, providing that the next general election is not less than one hundred eighty (180) days from the filing of the petitions. All of the laws of the state relating to holding of elections at the county level shall apply to the holding of the election and the notice of election shall notify the electors of the issues to be voted upon at the election, and publication of a notice shall be in accordance with the provisions of title 34, Idaho Code. Public hearings within the county shall be held, as deemed advisable, by the highway study commission.

(3) The election shall be conducted in such a manner that the vote is canvassed separately in each of the existing highway districts and the area served by a county road department, where applicable.

(4) The county clerk in the notice of election shall indicate polling places as designated by the county commissioners for each precinct and/or district, as appropriate, to adequately provide for the vote at the election. Every qualified elector of the county may vote.

(5) The vote shall be canvassed by the county board of canvassers within the time specified in chapter 12, title 34, Idaho Code.

History:

[(40-1702) 40-1701, added 1985, ch. 253, sec. 2, p. 674; am. and redesig. 1998, ch. 415, sec. 2, p. 1308; am. 2009, ch. 341, sec. 93, p. 1046.]