Idaho Code § 40-1406 — Idaho Code / Title 40 / Chapter 14 / Section 40-1406
40-1406 POWERS AND DUTIES OF HIGHWAY COMMISSIONERS — ONE HIGHWAY DISTRICT IN COUNTY — HIGHWAY POWERS OF CITIES IN COUNTY ABOLISHED — LAWS IN CONFLICT SUPERSEDED.
Status: in_force

40-1406. Powers and duties of highway commissioners — One highway district in county — Highway powers of cities in county abolished — Laws in conflict superseded. The highway commissioners of a county-wide highway district shall exercise all of the powers and duties provided in chapter 13, title 40, Idaho Code, and are empowered to make highway ad valorem tax levies as provided by chapter 8, title 40, Idaho Code. Only one (1) county-wide highway district shall be operative within a county where the electorate has voted affirmatively for the formation of a county-wide highway district. The district shall specifically be responsible for all county secondary and city highways and is hereby recognized as a body politic of this state. Notwithstanding any other provision of Idaho Code, the highway district may operate and expand an established public van and carpooling program, rideshare platform, or park-and-ride facility. No city included within a county-wide highway district shall maintain or supervise any city highways or levy any ad valorem taxes for the construction, repair or maintenance of city highways. No highway district included within a county-wide highway district shall maintain any secondary highways or levy any ad valorem taxes for the construction, repair or maintenance of highways. Wherever any provisions of the existing laws of the state of Idaho are in conflict with the provisions of this chapter, the provisions of this chapter shall control and supersede all such laws. However, within the limits of any city, the city may expend city funds for the placement, care and removal of trees, shrubs, grass, and other plants that are located within the rights-of-way of any highway of the county-wide highway district.

The commissioners of a county-wide highway district may pass ordinances and rules and make all regulations, not repugnant to law, as necessary, for carrying into effect or discharging all powers and duties conferred to a county-wide highway district pursuant to this chapter and chapter 13, title 40, Idaho Code. All ordinances created or passed by the commissioners of a county-wide highway district shall require the affirmative vote of two-thirds (2/3) of the members of the full county-wide highway district commission. The style of all ordinances shall be: "BE IT ORDAINED by the board of highway district commissioners of (……..) County, Idaho." All ordinances passed shall, before they take effect and within one (1) month after they are passed, be published in at least one (1) issue of a newspaper published in the county or, if no paper be published in the county, then in some paper having general circulation therein. After such publication and before its effective date, such proposed ordinance shall not thereafter be amended wherein the amendment shall impose terms, conditions or privileges less favorable to the county-wide highway district than the proposed ordinance as published; but amendment favorable to the county-wide highway district may be made at any time and after publication. All ordinances passed pursuant to this section by the board of county-wide highway district commissioners may be proved by a certificate of the secretary of the county-wide highway district under the seal of the board of the county-wide highway district commissioners and shall be read and received in evidence in all courts and administrative proceedings without further proof. If ordinances duly passed are printed or published in book or pamphlet form by authority of the county-wide highway district commissioners, the printed or published book or pamphlet shall also be read and received in evidence in all courts and administrative proceedings without further proof. The commissioners of the county-wide highway district may enforce such ordinances by all appropriate administrative or judicial proceedings.

History:

[40-1406, added 1985, ch. 253, sec. 2, p. 659; am. 1988, ch. 298, sec. 1, p. 942; am. 2023, ch. 306, sec. 1, p. 920.]
Idaho Code § 40-2114 — Idaho Code / Title 40 / Chapter 21 / Section 40-2114
40-2114 SEVERABILITY.
Status: in_force

40-2114. Severability. The provisions of this chapter 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 chapter.

History:

[40-2114, added 1994, ch. 327, sec. 1, p. 1057.]
Idaho Code § 40-1337 — Idaho Code / Title 40 / Chapter 13 / Section 40-1337
40-1337 CLASSIFICATION AND RETENTION OF RECORDS.
Status: in_force

40-1337. Classification and retention of records. (1) Highway district records shall be classified as follows:

(a) "Permanent records" shall consist of, but not be limited to, the following: proceedings of the governing body, ordinances, resolutions, bond register, warrant register, budget records, general ledger, cash books, right-of-way use permits and records affecting the title to real property or liens thereon, and other documents or records as may be deemed of permanent nature by the highway district board of commissioners.

(b) "Semipermanent records" shall consist of, but not be limited to, the following: claims, contracts, cancelled checks, warrants, duplicate warrants, purchase orders, vouchers, duplicate receipts, bonds and coupons, registration and other election records, financial records and other documents or records as may be deemed of semipermanent nature by the board of highway district commissioners.

(c) "Temporary records" shall consist of, but not be limited to, the following: correspondence not related to subsections (1) and (2) of this section, cash receipts subject to audit, and other records as may be deemed temporary by the board of highway district commissioners.

(d) Those records not included in subsection (1)(a), (1)(b) or (1)(c) of this section may be classified as permanent, semipermanent or temporary by the board of highway district commissioners.

(2) Highway district records shall be retained as follows:

(a) Permanent records shall be retained for not less than ten (10) years.

(b) Semipermanent records shall be kept for not less than five (5) years after date of issuance or completion of the matter contained within the record.

(c) Temporary records shall be retained for not less than two (2) years.

History:

[40-1337, added 1994, ch. 324, sec. 6, p. 1043.]
Idaho Code § 40-1914 — Idaho Code / Title 40 / Chapter 19 / Section 40-1914
40-1914 LOCAL ORDINANCES.
Status: in_force

40-1914. Local ordinances. The provisions of this chapter shall not be construed as permitting a person to place or maintain in existence on or adjacent to any interstate or primary highway, any outdoor advertising prohibited by law or by an ordinance of a city or county.

History:

[40-1914, added 1985, ch. 253, sec. 2, p. 687.]
Idaho Code § 40-808 — Idaho Code / Title 40 / Chapter 8 / Section 40-808
40-808 CREATION OF SPECIAL TAX DISTRICTS — APPORTIONMENT OF COSTS.
Status: in_force

40-808. Creation of special tax districts — Apportionment of costs. As a highway is built and completed with the proceeds of a bond issue within an area of land which under a resolution of a highway district board is provided, there may be created a special tax district. When the highway has been accepted by the highway district board, and the director of highways for the district has certified to his board the cost of the highway so far as it lies within the special tax district, then the highway district board shall, by order, create a special tax district, fix and designate the boundaries of it, and designate the portion of the cost of the highway to be charged against the land in the special tax district, not exceeding the maximum percentage specified in the original resolution. The highway district board shall fix and determine the amount per acre charged against the lands within the special tax district, not exceeding, in respect to any single highway, the maximum amount per acre specified for the highway in the original resolution. The amount per acre need not be the precise proportionate cost of the highway, but may be the approximate proportion, avoiding inconvenient fractions or fractional parts of a dollar, and shall be the same uniform amount per acre throughout any single special tax district. The highway district board shall include as part of the cost of the highway the fair and reasonable portion of overhead charges applicable, and an additional amount equal to two per cent (2%) of the cost to cover the expenses of the highway district for the collection of the special taxes. From time to time as highways or portions of highways are completed and accepted and the cost certified, the highway district board shall create the proper tax districts. In respect to each special tax district created, the highway board is constituted the local executive authority of each special tax district with authority in respect to each district, to levy the special tax, the authority being confined in each district to the limits of the highway district, and within the limits the special tax in each special tax district shall be at a uniform amount per acre throughout the special tax district. The order of the highway district board creating the special tax district, fixing and determining its boundaries, stating the number of acres in it, fixing the amount of the indebtedness created by the bond issue which is charged against the land in the special tax district, and the amount per acre to be specially taxed against the land shall be entered at length on the minutes of the highway district board and shall be open to public inspection. A notice stating generally the nature and date of the order and designating the township and sections within the special tax district shall be published for at least two (2) separate times in a newspaper published in the county. On the filing with the secretary of the highway district of proof of publication, the order shall be deemed complete.

History:

[40-808, added 1985, ch. 253, sec. 2, p. 629.]
Idaho Code § 40-706 — Idaho Code / Title 40 / Chapter 7 / Section 40-706
40-706 DISPOSITION OF MOTOR VEHICLE REGISTRATION MONEY.
Status: in_force

40-706. Disposition of motor vehicle registration money. All moneys collected in any county from the registration of motor vehicles, trailers and semitrailers shall be forwarded to the state treasurer not later than the fifteenth day of the month following the calendar month in which the moneys were collected, and the state treasurer shall then pay the moneys collected into the highway distribution account, unless otherwise provided by law.

History:

[40-706, added 1985, ch. 253, sec. 2, p. 622.]
Idaho Code § 40-613 — Idaho Code / Title 40 / Chapter 6 / Section 40-613
40-613 JURISDICTION IN ADJOINING COUNTIES.
Status: in_force

40-613. Jurisdiction in adjoining counties. Commissioners of each county are empowered to lay out, build, repair, improve and maintain highways and bridges in any adjoining county whenever it shall appear to the commissioners that the laying out, building, repairing, improving or maintaining of highways and bridges in any adjoining county is or will be in the interest of the particular county or of benefit to the people of it. The expense shall be paid out of the county highway fund of the county whose commissioners order and contract for the work to be done. Any highway or bridge work shall not be done in any adjoining county by a particular county if the work would impair the credit of the adjoining county, injure property, or be detrimental to the interest of its citizens.

History:

[40-613, added 1985, ch. 253, sec. 2, p. 619.]
Idaho Code § 40-2306 — Idaho Code / Title 40 / Chapter 23 / Section 40-2306
40-2306 FELLING TREE INTO HIGHWAY — PENALTY.
Status: in_force

40-2306. Felling tree into highway — Penalty. Whoever cuts down a tree so that it falls upon a highway shall remove the tree, and is liable to a penalty of ten dollars ($10.00) for every day the tree remains on the highway.

History:

[40-2306, added 1985, ch. 253, sec. 2, p. 694.]
Idaho Code § 40-902 — Idaho Code / Title 40 / Chapter 9 / Section 40-902
40-902 BIDS — STATE HIGHWAY SYSTEM.
Status: in_force

40-902. Bids — State highway system. (1) Whenever work on the state highway system is let by contract, advertisement for sealed bids must be provided for at least two (2) consecutive weeks in one (1) newspaper, having a general circulation in the county or one (1) of the counties, where the work is to be done. In addition, the department may use any medium reasonably determined to reach prospective bidders.

(2) Each bid must be accompanied by a cashier's check or a certified check in favor of the department on some bank in the state of Idaho, or by a bidder's bond, for the sum of five percent (5%) of the amount of the bid, to be forfeited if the bidder, upon acceptance of his bid, fails or refuses to enter into a contract within fifteen (15) days after the presentation of the contract by the department to him for execution and to furnish the required bond. Checks and bonds of unsuccessful bidders shall be returned immediately after the contract is awarded. If the contracting agency allows electronically submitted bid documents, then a bid bond in electronic form with valid electronic signatures shall accompany the submittal of the electronic bid documents.

(3) Except as allowed by the provisions of sections 40-904 and 40-905, Idaho Code, bids shall be opened publicly at the time and place specified in the advertisement and the contract let to the lowest responsible bidder, but the department has the right to reject any and all bids, or to let the contract for a part or all of the work.

(4) If no satisfactory bid is received, new bids may be called for, or the work may be performed by day labor, or as may be determined by the department.

(5) Except as allowed by the provisions of sections 40-904 and 40-905, Idaho Code, a bidder who did not submit the lowest responsible bid as determined by the department may within five (5) calendar days of bid opening file a written application to challenge the department's determination of the lowest responsible bidder and apply to the department's chief engineer for the appointment of a hearing officer to hold a contested case hearing. The application shall set forth in specific terms the reasons why the department's decision is thought to be erroneous. Upon receipt of an application, the chief engineer shall appoint a hearing officer with the authority to conduct a contested case hearing in accordance with the provisions of chapter 52, title 67, Idaho Code. Upon receipt from the hearing officer of findings of fact, conclusions of law and a recommended order, the chief engineer shall review the same and enter a final order sustaining or reversing the decision of the department on the selection of the lowest responsible bidder. Following entry of the final order, the chief engineer shall have the authority to award the contract to the bidder determined in the final order to be the lowest responsible bidder at a time and in a manner which shall be in the best interest of the state.

History:

[40-902, added 1985, ch. 253, sec. 2, p. 637; am. 2004, ch. 233, sec. 1, p. 685; am. 2005, ch. 125, sec. 1, p. 409; am. 2010, ch. 293, sec. 13, p. 784.]
Idaho Code § 40-617 — Idaho Code / Title 40 / Chapter 6 / Section 40-617
40-617 CONTRACTS FOR REPAIR OF HIGHWAYS.
Status: in_force

40-617. Contracts for repair of highways. Commissioners shall, at least three (3) weeks prior to their regular meeting in October or March, or at other times as may become necessary, cause notice to be published in a newspaper, published in the county, for sealed bids to be received by the commissioners for the repair and improvement of the highways in the county highway system. Each proposal or bid submitted to the commissioners, shall be accompanied by a bond conditioned for the faithful performance of the duties of the contract, which may be entered into by and between the party making the proposal, or bid, and the commissioners.

History:

[40-617, added 1985, ch. 253, sec. 2, p. 620.]
Idaho Code § 40-1805 — Idaho Code / Title 40 / Chapter 18 / Section 40-1805
40-1805 HEARING — ORDER FOR ELECTION.
Status: in_force

40-1805. Hearing — Order for election. At the time and place specified in the notice, the commissioners shall proceed to consider the petition and all written objections to it, and shall hear all persons in relation to it, and shall hear or take testimony as may be offered or as they desire. Upon the conclusion of the hearing which may be continued from day to day, if the commissioners determine that the district ought to be dissolved and that the dissolution would be to the best interest of the district, it shall enter an order directing that the question of dissolution of the district be submitted to the qualified electors of the district at an election to be held on the date authorized in section 34-106, Idaho Code, which is not less than thirty (30) days from and after the order.

History:

[40-1805, added 1985, ch. 253, sec. 2, p. 679; am. 2009, ch. 341, sec. 95, p. 1047.]
Idaho Code § 40-2005 — Idaho Code / Title 40 / Chapter 20 / Section 40-2005
40-2005 PURCHASE ASSISTANCE TO RELOCATING OWNER-OCCUPANT — LEASE OR DOWN PAYMENT ASSISTANCE TO RELOCATING TENANT.
Status: in_force

40-2005. Purchase assistance to relocating owner-occupant — Lease or down payment assistance to relocating tenant. (1) In addition to the payments authorized by section 40-2004, Idaho Code, an agency shall make a payment to the owner of a dwelling, provided the dwelling has been owned and occupied by the owner for at least one hundred eighty (180) days prior to the first written offer for the acquisition of the property. The payment shall not exceed fifteen thousand dollars ($15,000) and shall be the amount, which, when added to the acquisition payment, equals the reasonable cost required for a comparable dwelling determined in accordance with standards established by the agency to be suitable to accommodate the displaced owner. The payment shall be made only to a displaced owner who purchases and occupies a dwelling that meets standards established by the agency, not later than the end of a one (1) year period beginning on the date on which he received final payment of all costs of the acquired dwelling, or on the date on which he moves from the acquired dwelling, whichever is the later date. Payment under this subsection will include an amount which will compensate the displaced person for any increased interest costs which the person is required to pay for financing the acquisition of any comparable replacement dwelling. This amount will be paid only if the dwelling acquired by the agency was encumbered by a mortgage which was a valid lien on the dwelling for not less than one hundred eighty (180) days prior to the first written offer for the acquisition of the dwelling. The amount shall be equal to the excess in the aggregate interest and other debt service costs of that amount of the principal of the mortgage on the replacement dwelling which is equal to the unpaid balance of the mortgage on the acquired dwelling, over the remainder term of the mortgage on the acquired dwelling, reduced to discounted current value. The discounted rate shall be the prevailing interest rate paid on savings deposits by commercial banks in the general area in which the replacement dwelling is located. This amount shall also include reasonable expenses incurred by the displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but shall not include prepaid expenses.

(2) In addition to the payments authorized by section 40-2004, Idaho Code, any agency shall make a payment to any individual or family displaced from any dwelling not eligible to receive a payment under subsection (1) of this section, which dwelling was actually and lawfully occupied by the individual or family for at least ninety (90) days prior to the first written offer for the acquisition of the property. The payment, not to exceed four thousand dollars ($4,000), shall be the additional amount which is necessary to enable the individual or family to lease or rent for a period not to exceed four (4) years, or to make a down payment, including reasonable expenses incurred by the displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of a dwelling of standards adequate to accommodate the individual or family in areas not generally less desirable in regard to public utilities and public and commercial facilities, except that if the amount exceeds two thousand dollars ($2,000) the person must equally match any payment in excess of two thousand dollars ($2,000), in making the down payment.

History:

[40-2005, added 1985, ch. 253, sec. 2, p. 691; am. 2000, ch. 192, sec. 4, p. 475.]
Idaho Code § 40-1330 — Idaho Code / Title 40 / Chapter 13 / Section 40-1330
40-1330 FISCAL YEAR.
Status: in_force

40-1330. Fiscal year. The fiscal year of the highway district shall commence on the first day of October of each year.

History:

[40-1330, added 1985, ch. 253, sec. 2, p. 657.]
Idaho Code § 40-308 — Idaho Code / Title 40 / Chapter 3 / Section 40-308
40-308 MEETINGS — QUORUM.
Status: in_force

40-308. Meetings — Quorum. The board shall hold not less than twelve (12) regular meetings each year, on a day of each month as the board shall determine, unless a legal holiday, then on the next ensuing business day, for the purpose of transacting business as may come before it. The chairman of the board shall preside over all meetings, except that he shall only be permitted to vote in the case of a tie vote. In the absence of the chairman, the vice chairman shall preside over meetings, except that he shall have full voting privileges. Additional regular meetings may be held as the board shall determine in its by-laws, rules and regulations. Special meetings of the board may be called at any time and from time to time by four (4) members of the board, and on the written request of the director, showing the necessity and purpose for a meeting. The board chairman may call a special meeting specifying the time, place and purpose of the meeting. The secretary shall cause due notice to be given to each member, either personally or by telephone, mail or telegraph, of the time, place and purpose of all special and regular meetings, and upon his failure so to do, notice may be given either by the chairman or the four (4) members concurring in calling any meeting. Any meeting of the board at which all of the members are present shall be as valid as if held pursuant to proper notice, and should a meeting be held without notice when all members are not present, if the absent member or members shall have signed a waiver, or shall subsequently sign the minutes of the meeting, it shall be as valid and binding as though called upon due notice. A majority of the members of the board shall constitute a quorum and a majority of all members of the board shall be necessary for the authorization of any act by the board, except as otherwise herein provided.

History:

[40-308, added 1985, ch. 253, sec. 2, p. 597; am. 1995, ch. 203, sec. 5, p. 698.]
Idaho Code § 40-804 — Idaho Code / Title 40 / Chapter 8 / Section 40-804
40-804 LIABILITY OF COUNTY OFFICIALS.
Status: in_force

40-804. Liability of county officials. All county officers entrusted with the assessment, collection, paying over or custody of taxes of any highway district within the county, and their sureties, shall be liable upon their official bonds for the faithful performance of their duties in the assessment, collection and safekeeping of the highway district taxes.

History:

[40-804, added 1985, ch. 253, sec. 2, p. 629.]
Idaho Code § 40-820 — Idaho Code / Title 40 / Chapter 8 / Section 40-820
40-820 EXPENDITURES IN EMERGENCIES.
Status: in_force

40-820. Expenditures in emergencies. In the event of a great public disaster, or if it is necessary to do emergency work to prepare for national or local defense, the board of highway district commissioners may pass a resolution declaring the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property. Upon adoption of the resolution, the highway district board may expend any sum required in the emergency without complying with this title.

History:

[40-820, added 1985, ch. 253, sec. 2, p. 635.]
Idaho Code § 40-616 — Idaho Code / Title 40 / Chapter 6 / Section 40-616
40-616 SIDEWALKS OR SIDE PATHS.
Status: in_force

40-616. Sidewalks or side paths. Commissioners and boards of commissioners of any highway district are empowered to set apart on and along any public highway outside the boundaries of incorporated cities a strip of land not exceeding eight (8) feet in width for a sidewalk or side path and to make an order designating the width of the path and to cause the line separating the path from the highway proper to be located and marked with stakes, posts, grade, or other marker, unless the governing board makes a written finding supporting the public necessity for a sidewalk or side path of greater width. After the sidewalks and paths have been set apart and the line separating them from the highway has been located and marked, the use shall be restricted to pedestrians, riders of bicycles, and riders of electric-assisted bicycles, if not otherwise prohibited by local ordinance or by signage posted by the public agency with jurisdiction after notice by inclusion on a governing board agenda.

History:

[40-616, added 1985, ch. 253, sec. 2, p. 620; am. 2019, ch. 84, sec. 1, p. 201; am. 2021, ch. 192, sec. 1, p. 521.]
Idaho Code § 40-204A — Idaho Code / Title 40 / Chapter 2 / Section 40-204A
40-204A FEDERAL LAND RIGHTS-OF-WAY.
Status: in_force

40-204A. Federal land rights-of-way. (1) The state recognizes that the act of construction and first use constitute the acceptance of the grant given to the public for federal land rights-of-way, and that once acceptance of the grant has been established, the grant shall be for the perpetual term granted by the congress of the United States.

(2) The only method for the abandonment of these rights-of-way shall be that of eminent domain proceedings in which the taking of the public's right to access shall be justly compensated. Neither the mere passage of time nor the frequency of use shall be considered a justification for considering these rights-of-way to have been abandoned.

(3) All of the said rights-of-way shall be shown by some form of documentation to have existed prior to the withdrawal of the federal grant in 1976 or to predate the removal of land through which they transit from the public domain for other public purposes. Documentation may take the form of a map, an affidavit, surveys, books or other historic information.

(4) These rights-of-way shall not require maintenance for the passage of vehicular traffic, nor shall any liability be incurred for injury or damage through a failure to maintain the access or to maintain any highway sign. These rights-of-way shall be traveled at the risk of the user and may be maintained by the public through usage by the public.

(5) Any member of the public, the state of Idaho and any of its political subdivisions, and any agency of the federal government may choose to seek validation of its rights under law to use granted rights-of-way either through a process set forth by the state of Idaho, through processes set forth by any federal agency or by proclamation of user rights granted under the provisions of the original act, Revised Statute 2477.

Persons seeking to have a federal land right-of-way, including those which furnish public access to state and federal public lands and waters, validated as a highway or public right-of-way as part of a county or highway official highway system, shall follow the procedure outlined in section 40-203A, Idaho Code.

Neither the granting of the original right-of-way nor any provision in this or any other state act shall be construed as a relinquishment of either federal ownership or management of the surface estate of the property over which the right-of-way passes.

(6) Persons seeking acknowledgement of federal land rights-of-way shall file with the county recorder the request for acknowledgement and for any supporting documentation. The county recorder shall record acknowledgements, including supporting documentation, and maintain an appropriate index of same.

History:

[40-204A, added 1993, ch. 142, sec. 3, p. 376; am. 2000, ch. 251, sec. 4, p. 714.]
Idaho Code § 40-1336 — Idaho Code / Title 40 / Chapter 13 / Section 40-1336
40-1336 RECORD BOOKS TO BE KEPT.
Status: in_force

40-1336. Record books to be kept. The highway district board of commissioners must cause to be kept permanently and indefinitely:

(1) A minute book, in which must be recorded all orders and decisions made by them, and the proceedings at all regular and special meetings.

(2) An allowance book or disbursement journal, in which must be recorded all orders for the payment of money from the highway district treasury, to whom made, and on what account, dating, numbering and indexing the same through each year.

(3) A road book, containing all proceedings and adjudications relating to the validation and abandonment and/or realignment of highways, public streets and public rights-of-way within the highway district highway system.

(4) An ordinance book, containing all ordinances, stating the date enacted.

(5) A resolution book, containing all resolutions, stating the date adopted.

History:

[40-1336, added 1994, ch. 324, sec. 5, p. 1043.]
Idaho Code § 40-1514 — Idaho Code / Title 40 / Chapter 15 / Section 40-1514
40-1514 ORGANIZATION OF HIGHWAY DISTRICT COMMISSIONERS — COMPUTATION OF INDEBTEDNESS OF FORMER DISTRICTS.
Status: in_force

40-1514. Organization of highway district commissioners — Computation of indebtedness of former districts. Immediately after consolidation is effected and highway commissioners are appointed, they shall meet and organize as provided by law, appoint required officers and designate a time and place for their meetings and have and exercise all the powers, jurisdiction, and authority and perform all duties and be subject to the responsibilities and liabilities of a highway district as provided by law. Upon organization, the highway district shall ascertain and compute all indebtedness, including bonded, warrant and current indebtedness, separately, of each of the former highway districts comprising the consolidation.

History:

[40-1514, added 1985, ch. 253, sec. 2, p. 667; am. 2000, ch. 202, sec. 14, p. 508.]
Idaho Code § 40-814 — Idaho Code / Title 40 / Chapter 8 / Section 40-814
40-814 RESOLUTIONS AND ORDERS ADOPTED BY COMMISSIONERS.
Status: in_force

40-814. Resolutions and orders adopted by commissioners. All resolutions and orders adopted by commissioners and boards of highway district commissioners in respect to the organization and operation of each highway district and the bonds and taxes, as they appear upon the records of the respective board, or certified copies, are legal evidence of the resolutions and orders.

History:

[40-814, added 1985, ch. 253, sec. 2, p. 633.]
Idaho Code § 40-1901 — Idaho Code / Title 40 / Chapter 19 / Section 40-1901
40-1901 LEGISLATIVE INTENT AND POLICY — TOURIST RELATED ADVERTISING DEVICES.
Status: in_force

40-1901. Legislative intent and policy — Tourist related advertising devices. (1) The state of Idaho herewith finds and determines that the removal of tourist related signs which were lawfully created under state law in force at the time of their erection which do not conform to the requirements of section 131(o), title 23, United States Code, which provide directional information about goods and services in the interest of the traveling public, and which were in existence on May 6, 1976, may work a substantial economic hardship in defined areas within the state. (2) The legislature further finds and declares that outdoor advertising is a form of commercial use of the public highway and regulation and removal of outdoor advertising is a highway purpose. In order to provide for maximum visibility along highways and to permit unobstructed view of connecting highways and intersections, to prevent the distraction of operators of motor vehicles, to prevent confusion with respect to traffic lights, signs or signals, or otherwise interfere with the effectiveness of traffic regulations, to preserve and enhance the natural scenic beauty of areas traversed by interstate and primary highways, to protect the public investment in highways, to promote the recreational value of public travel, to conform to the expressed intent of congress to control the erection and maintenance of outdoor advertising displays, and to promote the maximum safety, comfort and well-being, of the users of highways, the legislature finds and declares it to be necessary in the public interest to regulate the erection and maintenance of outdoor advertising structures, signs and displays and the business or occupation, in areas adjacent to interstate and primary highways, in accordance with the terms of this chapter and regulations promulgated by the board.

History:

[40-1901, added 1985, ch. 253, sec. 2, p. 682.]
Idaho Code § 40-813 — Idaho Code / Title 40 / Chapter 8 / Section 40-813
40-813 LIABILITY OF SPECIAL TAX DISTRICTS FOR GENERAL TAXES.
Status: in_force

40-813. Liability of special tax districts for general taxes. All land within special tax districts shall be subject to the same taxation at the same rate as other property in the highway district for the purpose of meeting the principal and interest requirements of that portion of any bond issue which is not charged against adjoining property but is paid by the highway district as a whole. All bonds issued by a highway district shall, as to a specified portion of the indebtedness created, not exceed fifty per cent (50%), be met and paid by special taxation upon the land adjoining the highways built with the proceeds of the bonds, not exceed a specified sum per acre, and as to the remaining portion shall be met and paid by taxation of all property in the highway district, including the property within special tax districts, and including all property within any incorporated cities included within the limits of the highway districts.

History:

[40-813, added 1985, ch. 253, sec. 2, p. 633.]
Idaho Code § 40-1811 — Idaho Code / Title 40 / Chapter 18 / Section 40-1811
40-1811 DISPOSITION OF SURPLUS FUNDS AND PROPERTY OF DISSOLVED SYSTEM OR DISTRICT.
Status: in_force

40-1811. Disposition of surplus funds and property of dissolved system or district. (1) After final payment of all expenses of proceedings in relation to dissolution and of all legal claims, liabilities, bonded and other indebtedness of the dissolved highway district, and after liquidation and winding up of the affairs of the district, all surplus moneys of the dissolved highway district remaining in the special fund of the dissolved district shall immediately be delivered to the treasurer of the succeeding operational unit. Title to all machinery, buildings, lands, and property of every kind and nature belonging to the dissolved system or district shall immediately upon entry of the order of dissolution, and without further conveyance, be vested in the succeeding operational unit.

(2) No city whose incorporated limits lie wholly or partially within the boundaries of a dissolved highway district shall be entitled to receive any share of the moneys of the dissolved highway district.

History:

[40-1811, added 1985, ch. 253, sec. 2, p. 680.]
Idaho Code § 40-1320 — Idaho Code / Title 40 / Chapter 13 / Section 40-1320
40-1320 DIRECTORS OF HIGHWAYS — DEPUTY DIRECTORS — APPOINTMENT — DUTIES.
Status: in_force

40-1320. Directors of highways — Deputy directors — Appointment — Duties. The director may appoint, subject to confirmation and approval of the highway commissioners, one (1) deputy director for each subdistrict and as many additional deputy directors as the highway commissioners may determine to be advisable. It is the duty of the director of highways to give to any deputy directors specific instructions as to the highway work to be done, and shall ascertain if highway contractors in the district are complying or have complied with their contracts. The director shall require any deputy directors to keep and maintain all the highways in their charge in good repair, and shall, subject to the highway commissioners and as provided by law, exercise full and complete control over all highways and deputy directors of the district. The director shall submit reports to the highway district whenever required by the highway commissioners.

History:

[40-1320, added 1985, ch. 253, sec. 2, p. 654; am. 1999, ch. 332, sec. 12, p. 905.]
Idaho Code § 40-712 — Idaho Code / Title 40 / Chapter 7 / Section 40-712
40-712 CITY'S PORTION OF HIGHWAY FUNDS PAID TO AUDITOR — FISCAL ASSISTANCE FUNDS.
Status: in_force

40-712. City's portion of highway funds paid to auditor — Fiscal assistance funds. (1) Any city which maintains highways shall continue to receive their proportionate share of moneys distributed under section 40-709, Idaho Code, but in a single county-wide highway district organized under the provisions of chapter 10, title 40, Idaho Code, or under chapter 273, laws of 1971, those moneys shall be paid to the county auditor for the benefit of the county-wide highway district.

(2) Any city or county which receives moneys under the provisions of the state and local fiscal assistance act of 1972 may utilize those funds for any purposes that were solely the responsibility of that city or county prior to March 17, 1973, and which responsibility was transferred to a county-wide highway district by chapter 273, laws of 1971. Any city or county which receives moneys under the provisions of the state and local fiscal assistance act of 1972 may utilize those funds for the design, construction, reconstruction and maintenance of sidewalks, when deemed to be for public safety. Utilization of the fiscal assistance funds may be accomplished by a transfer of the funds to a county-wide highway district, and the provisions of sections 67-2326 through and including 67-2333, Idaho Code, may be utilized for transfer, provided, the provisions of the state and local fiscal assistance act of 1972 are adhered to.

History:

[40-712, added 1985, ch. 253, sec. 2, p. 626.]
Idaho Code § 40-505 — Idaho Code / Title 40 / Chapter 5 / Section 40-505
40-505 DIRECTOR — DUTIES AND POWERS.
Status: in_force

40-505. Director — Duties and powers. The director shall be the technical and administrative officer of the board and under the board's control, supervision and direction, shall have general supervision and control of all activities, functions and employees of the department. He shall enforce all provisions of the laws of the state relating to the department, the rules and regulations of the board, and shall exercise all necessary incidental powers.

History:

[40-505, added 1985, ch. 253, sec. 2, p. 614.]
Idaho Code § 40-304 — Idaho Code / Title 40 / Chapter 3 / Section 40-304
40-304 OATH OF OFFICE — BOND.
Status: in_force

40-304. Oath of office — Bond. Each member of the board shall receive a certificate of appointment from the governor, and before entering upon the discharge of his official duties shall file with the secretary of state a declaration of the political party to which the board member belongs, and the member shall also be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code.

History:

[40-304, added 1985, ch. 253, sec. 2, p. 596.]
Idaho Code § 40-1704 — Idaho Code / Title 40 / Chapter 17 / Section 40-1704
40-1704 DISTRICTS TO BE ECONOMICALLY WORKABLE.
Status: in_force

40-1704. Districts to be economically workable. Highway districts organized or consolidated from existing highway districts and areas served by a county road department, where applicable, under the provisions of this chapter shall consist of areas having sufficient mileage, equipment, resources, valuation and budget to be considered economically workable. The county commissioners shall organize the district(s) with regard to geographical locations for the most efficient operation.

History:

[(40-1704) 40-1703, added 1985, ch. 253, sec. 2, p. 675; am. and redesig. 1998, ch. 415, sec. 4, p. 1310.]
Idaho Code § 40-1315 — Idaho Code / Title 40 / Chapter 13 / Section 40-1315
40-1315 COST OF HIGHWAYS — EQUITABLE DIVISION AMONG BENEFITED DISTRICTS.
Status: in_force

40-1315. Cost of highways — Equitable division among benefited districts. (1) In the laying out, alteration, construction, maintenance, repair or improvement of any highway or portion of it, within a county and not included within a highway district in a county which would also be for the benefit of the highway district, or included within a highway district which would also be for the benefit of a portion of the county or other highway districts not included in the highway district, and the cost would, if borne wholly by the highway district or the excluded portion, be an unjust or unreasonable burden, the highway district commissioners and the county commissioners shall have power to contract with each other for a division and apportionment of the cost of the work.

(2) In case they fail to agree, an action may be maintained in the district court between a highway district and the county, and the district court shall render a judgment as shall be just and equitable in respect to the division and apportionment of cost. All proceedings in the action shall be the same as in ordinary civil actions, with the same right of appeal and other rights and remedies as in an ordinary civil action by or against a body politic or political subdivision.

(3) Where a highway traverses two (2) or more highway districts, and the cost or burden would be inequitably distributed if each district assumed the cost of laying out, alteration, construction, improvement, maintenance or repair of that portion of the highway lying wholly within the district, the highway commissioners of the district affected have power to contract with each other for the division and apportionment of the cost of the work. If the highway also traverses portions of the county not included within any highway district, or if in the opinion of the commissioners the highway is of benefit to the county at large, a portion of the cost shall be borne by the county, and the commissioners and the respective highway district commissioners have power to contract with each other for the work.

History:

[40-1315, added 1985, ch. 253, sec. 2, p. 653.]
Idaho Code § 40-1412 — Idaho Code / Title 40 / Chapter 14 / Section 40-1412
40-1412 CONTROL OF BRIDGES AND HIGHWAYS IN DISSOLVED SYSTEMS AND DISTRICTS — SIDEWALKS — SPECIAL ASSESSMENTS.
Status: in_force

40-1412. Control of bridges and highways in dissolved systems and districts — Sidewalks — Special assessments. (1) After the dissolution of any county highway system, city highway system or highway district, the county-wide highway district of the county in which the dissolved system or district was situate, shall have the same control over all bridges and highways of the system or district as is vested in the commissioners, highway district commissioners or city councils as provided for in section 40-801, Idaho Code.

(2) A county-wide highway district may provide by general ordinance for the construction, repair, replacement or removal of sidewalks which are deemed by the highway district commissioners to be dangerous and unsafe, and assess the costs as provided in subsection (3) of this section to the property in front of which the same shall be constructed, repaired or laid.

(3) All special assessments levied to which the provisions of this chapter are made applicable shall be due and payable to the treasurer of the county-wide highway district, and if not paid within thirty (30) days after mailing of notification of assessment, shall be declared delinquent, be certified to the tax collector of the county by the district treasurer, and shall be placed by the tax collector upon the tax roll and collected in the same manner and subject to the same penalties as other taxes. All money received on special assessments shall be held by the treasurer as a special fund to be applied to the payment of the improvement for which the assessment was made, and the money shall be used for no other purpose than to reimburse the highway district for money expended for the improvement.

(4) The tax collector of the county shall pay on demand to the treasurer all money received by him arising from ad valorem taxes or assessments levied.

History:

[40-1412, added 1985, ch. 253, sec. 2, p. 661.]
Idaho Code § 40-1705 — Idaho Code / Title 40 / Chapter 17 / Section 40-1705
40-1705 ORGANIZATION OF COUNTYWIDE HIGHWAY DISTRICTS — HIGHWAY DISTRICT COMMISSIONERS — APPOINTMENT — TERMS — ELECTION.
Status: in_force

40-1705. Organization of countywide highway districts — Highway district commissioners — Appointment — Terms — Election. (1) Countywide highway districts may be organized under the laws applicable to highway districts and for county highway districts, new highway districts, consolidated or enlarged highway districts, and the number of highway commissioners to be elected shall be three (3). The formation of new districts shall be effected by the commissioners of the county so affected within sixty (60) days of the reorganization election, and upon the determination that a county highway system shall be reorganized as a countywide highway district, new highway districts, consolidation, enlargement or other modification, the original highway district commissioners shall, within seventy (70) days of the election, be appointed by the governor. A new highway district shall be divided by the commissioners into three (3) subdistricts as nearly equal in mileage, market value for assessment purposes, and population as practicable under the circumstances, for the purpose of determining each highway commissioner's district, and each commissioner for a highway district shall represent and be elected or appointed from the district in which he resides.

(2) Upon appointment, qualification and acceptance of duties as highway commissioners, those originally appointed shall, by lot, determine two (2) of the original appointed highway commissioners who shall serve for terms of original appointment for two (2) years, or until the next regular election for highway commissioners. The remaining highway commissioner shall serve for a period of four (4) years, or until the next succeeding election for highway commissioners. Thereafter, the highway commissioners elected shall be elected for four (4) year terms as their terms expire, thus providing a continuation in office of highway district commissioners, and providing for the staggered election of the commissioners in subsequent elections.

(3) Laws applicable to the election of highway commissioners shall apply to the conduct of highway district elections throughout the county, and the election for highway commissioners shall be on a nonpartisan basis.

(4) Where a countywide highway district, new highway district, or consolidated or enlarged district results from an election under this chapter, it shall be the duty of the governor, in the appointment of the original highway commissioners for the county, where there shall have been in existence at the time of the creation of any highway districts within the limits of the county to appoint whenever practicable, the existing highway commissioners as they shall qualify by residence in the territorial limits of the districts of the newly created highway district as a highway commissioner of the newly created highway district system. County commissioners, city mayors and city council members shall not be eligible to hold office as a highway district commissioner.

History:

[(40-1705) 40-1704, added 1985, ch. 253, sec. 2, p. 675; am. and redesig. 1998, ch. 415, sec. 5, p. 1310.]
Idaho Code § 40-602 — Idaho Code / Title 40 / Chapter 6 / Section 40-602
40-602 BOUNDARIES.
Status: in_force

40-602. Boundaries. The boundaries of each highway district shall be the same as are described by metes and bounds or other legal description upon the minutes or records of the commissioners of the respective county and upon copies of those records duly certified.

History:

[40-602, added 1985, ch. 253, sec. 2, p. 616.]
Idaho Code § 40-210 — Idaho Code / Title 40 / Chapter 2 / Section 40-210
40-210 LEGISLATIVE INTENT — UTILITY FACILITIES — COORDINATED RELOCATION POLICIES — DEFINITIONS.
Status: in_force

40-210. legislative intent — utility facilities — Coordinated relocation policies — definitions. (1) Public highways are intended principally for public travel and transportation; however, the public highways and the public right-of-way used in connection with the public highways are also lawfully used in connection with uses associated with utility purposes necessary to provide utility services to the public. Without making use of public highways and their associated rights-of-way, the utility facilities and services could not reach or economically serve the residents of the state of Idaho.

Therefore, it is the intent of the legislature that the public highway agencies and utilities engage in proactive, cooperative coordination of highway projects through a process that will attempt to effectively minimize costs, limit the disruption of utility services, and limit or reduce the need for present or future relocation of such utility facilities.

(2) In furtherance of the legislative intent expressed in subsection (1) of this section, public highway agencies engaged in a public highway project that may require the relocation of utility facilities, or any private party working with a public highway agency on a project that may require the relocation of utility facilities in connection therewith, shall permit the affected utility to participate in project development meetings. In addition, at the beginning of the preliminary design phase of the project, the public highway agency shall, upon giving written notice of not less than thirty (30) days to the affected utility, meet with the utility for the purpose of allowing the utility to review plans, understand the goals, objectives and funding sources for the proposed project, provide and discuss recommendations to the public highway agency that would reasonably eliminate or minimize utility relocation costs, limit the disruption of utility services, eliminate or reduce the need for present or future utility facility relocation, and provide reasonable schedules to enable coordination of the highway project construction and such utility facility relocation as may be necessary. While recognizing the essential goals and objectives of the public highway agency in proceeding with and completing a project, the parties shall use their best efforts to find ways to (a) eliminate the cost to the utility of relocation of the utility facilities, or (b) if elimination of such costs is not feasible, minimize the relocation costs to the maximum extent reasonably possible.

(3) If a utility has received notice of the preliminary design meeting as set forth in subsection (2) of this section and has failed to respond or participate in meetings described therein, such failure to respond or participate in such meetings shall not in any way affect the ability of the public highway agencies to proceed with the project design or construction.

(4) As used in this section:

(a) "Utility" means an entity comprised of any person, private company, public agency or cooperative owning and/or operating utility facilities.

(b) "Utility facility" means all privately, publicly or cooperatively owned lines, facilities and systems for producing, transmitting or distributing communications, cable television, electricity, light, heat, gas, oil, crude products, ore, water, steam, waste or storm water not connected with highway drainage and other similar commodities.

(5) No provision of this chapter shall diminish or otherwise limit the authority of this state, highway district or other political subdivision having jurisdiction over the public right-of-way. Nothing in this chapter shall be construed to limit, abrogate or supersede the provisions of the applicable local ordinance or regulations governing the use of the public right-of-way.

History:

[40-210, added 2009, ch. 142, sec. 1, p. 426.]
Idaho Code § 40-1712 — Idaho Code / Title 40 / Chapter 17 / Section 40-1712
40-1712 HIGHWAY STUDY COMMISSION — ESTABLISHMENT — MEMBERSHIP.
Status: in_force

40-1712. Highway study commission — Establishment — Membership. In each county required to conduct an election under the provisions of section 40-1702, Idaho Code, there shall be established a local highway study commission. The local highway study commission in each county shall be composed as follows:

(1) One (1) member shall be appointed by the highway district commissioners of each highway district within the county;

(2) The mayor of the city with the largest population within the county shall appoint one (1) member;

(3) The chairman of the county commissioners shall appoint a county commissioner as one (1) member and that member will serve as chairman of the commission.

History:

[40-1712, added 1985, ch. 253, sec. 2, p. 677; am. 1998, ch. 415, sec. 9, p. 1312.]
Idaho Code § 40-717 — Idaho Code / Title 40 / Chapter 7 / Section 40-717
40-717 DEPOSIT AND DISBURSEMENT OF FUNDS OF THE LOCAL HIGHWAY TECHNICAL ASSISTANCE COUNCIL — ADMINISTRATION.
Status: in_force

40-717. Deposit and disbursement of funds of the local highway technical assistance council — Administration. (1) Funds apportioned under section 40-709, Idaho Code, to the local highway technical assistance council shall immediately be deposited by the council in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. All funds so deposited and interest from the same are hereby continuously appropriated for the purpose of carrying out the provisions of chapter 24, title 40, Idaho Code.

(2) The local highway technical assistance council is charged with the sole and exclusive administration of the council funds and shall follow federal guidelines in providing technical assistance to local highway jurisdictions which may be funded in part with federal funds. Funds can be withdrawn or paid out of such accounts only upon checks or other orders upon such account, signed by two (2) officers of the council or employees designated by the council.

(3) The right is reserved to the state of Idaho to audit the accounts and expenditures of the council at any time.

(4) All money received or expended by the council shall be audited annually by a certified public accountant, designated by the council, as provided in section 40-2405, Idaho Code.

History:

[40-717, added 1994, ch. 280, sec. 4, p. 870; am. 1995, ch. 268, sec. 1, p. 866.]
Idaho Code § 40-528 — Idaho Code / Title 40 / Chapter 5 / Section 40-528
40-528 FEDERAL TRANSIT ADMINISTRATION AUTHORITY.
Status: in_force

40-528. Federal Transit Administration Authority. (1) The Idaho transportation department and its director are the designated recipients for the federal transit administration funding for the rural transit program and the small urban transit program within the state of Idaho.

(2) Notwithstanding the provisions of subsection (1) of this section:

(a) The department is not the designated recipient for large urbanized areas as determined and defined by the United States department of commerce, bureau of the census; and

(b) The department is not the designated recipient for any qualifying urbanized area identified by the governor prior to July 1, 2011.

History:

[40-528, added 2012, ch. 22, sec. 1, p. 77; am. 2015, ch. 244, sec. 24, p. 1022.]
Idaho Code § 40-123 — Idaho Code / Title 40 / Chapter 1 / Section 40-123
40-123 DEFINITIONS — V.
Status: in_force

40-123. Definitions — V.

(1) "Visible" means capable of being seen without visual aid by a person of normal visual acuity.

History:

[40-123, added 1985, ch. 253, sec. 2, p. 593.]
Idaho Code § 40-1305C — Idaho Code / Title 40 / Chapter 13 / Section 40-1305C
40-1305C DECLARATION OF CANDIDACY — QUALIFICATIONS.
Status: in_force

40-1305C. Declaration of candidacy — Qualifications. (1) Candidates for election as a highway district commissioner shall be nominated by nominating petitions, each of which shall bear the name of the nominee, the subdistrict for which the nomination is made, the term for which nomination is made, bear the signature of no less than five (5) electors of the candidate's specific subdistrict, and be filed with the election official of the highway district. The form of the nominating petition shall be as provided by the county clerk. The nomination shall be filed during the time period provided in section 34-1404, Idaho Code. The clerk of the political subdivision shall notify the county clerk within twenty-four (24) hours of receipt of the filing and verify the qualifications of the nominee and, no more than seven (7) days following the filing, shall certify the nominees to be placed on the ballot.

(2) A nominee shall qualify for the office of highway district commissioner if such nominee:

(a) Has attained the age of twenty-one (21) years at the time of his election; and

(b) Is a citizen of the United States; and

(c) Is a resident of the highway district commissioner's subdistrict for which he seeks office.

History:

[40-1305C, added 1994, ch. 123, sec. 6, p. 277; am. 2006, ch. 165, sec. 2, p. 500; am. 2025, ch. 113, sec. 22, p. 610.]
Idaho Code § 40-1713 — Idaho Code / Title 40 / Chapter 17 / Section 40-1713
40-1713 MEETING OF HIGHWAY STUDY COMMISSION — SELECTION OF OPTION FOR SUBMISSION — ELECTION — IMPLEMENTATION OF OPTION — RETENTION OF EXISTING SYSTEM.
Status: in_force

40-1713. Meeting of highway study commission — Selection of option for submission — Election — Implementation of option — Retention of existing system. (1) The highway study commission shall meet at the county courthouse, at the call of the chairman, no later than one hundred fifty (150) days prior to the election called for by this chapter. At that meeting, or at any other meetings as may be necessary to make the decision, the commission shall analyze the options for administration for the county's secondary highways.

(2) The options for the administration of the county's secondary highways are as follows:

(a) To establish a countywide highway system for the administration of the secondary highway system of the entire county, exclusive of those highways and streets within cities, with functioning street departments, by county commissioners;

(b) To establish a single countywide highway district for the administration of the secondary highway system of the entire county, exclusive of those highways and streets within cities with functioning street departments, independent of the administration of the county commissioners; and

(c) For the division of the county into not more than four (4) highway districts for the administration of the secondary highways of the county, exclusive of those highways and streets within cities, with functioning street departments, independent of the county commissioners.

(3) The highway study commission will, at least ninety (90) days prior to the election, select one (1) of those options for submission to the electorate at the election. The question to be submitted to the electorate shall be substantially as follows:

For the purpose of administering the secondary highway system of …. County, shall the county

(4) If a majority of the voters casting votes in each of the highway districts and the area served by the county road department, where applicable, approve the proposal submitted, the commissioners shall implement the option selected as provided by this chapter.

(5) If the proposal is defeated by the voters casting votes in each of the highway districts and the area served by the county road department, where applicable, the county shall retain its current system for the administration of its secondary highways.

History:

[40-1713, added 1985, ch. 253, sec. 2, p. 678; am. 1998, ch. 415, sec. 10, p. 1312.]
Idaho Code § 40-827 — Idaho Code / Title 40 / Chapter 8 / Section 40-827
40-827 AUTHORIZATION FOR VOTERS TO APPROVE VEHICLE REGISTRATION FEE.
Status: in_force

40-827. Authorization for voters to approve vehicle registration fee. (1) Notwithstanding the provisions of section 49-207, Idaho Code, the voters of any county may authorize the board of county commissioners to adopt an ordinance by majority vote of the board of county commissioners to implement and collect a motor vehicle registration fee not to exceed two (2) times the amount established in section 49-402, Idaho Code. The authorization to adopt, implement, and collect a vehicle registration fee may be made by the registered voters of the county only at a general election and a simple majority of the votes cast on the question shall be necessary to authorize the fee.

(2) In any election, the ordinance submitted to the county voters shall: (a) state the exact rate of the fee; and (b) state the duration of the fee.

No rate shall be increased and no duration shall be extended without the approval of the voters, by a simple majority of the votes cast.

An election to approve or disapprove the adoption of a vehicle registration fee increase may be called for by the adoption of an ordinance by majority vote of the board of county commissioners or shall be called upon a request in writing from the governing board of each of the local highway jurisdictions in the county or ten per cent (10%) or more of the number of qualified voters voting in the last general election in each county commissioner subdistrict.

(3) Any county adopting an ordinance for a vehicle registration fee increase shall contract with the department for the collection, distribution, and administration of the fee in a like manner, and under the definitions, rules, and regulations for the collection and administration of other registration fees as set forth in chapter 4, title 49, Idaho Code. Each month, following receipt by the department of revenues from the implementation of a vehicle registration fee increase, the department shall remit the same to the county implementing such fee, less a deduction for such amount for the department's actual costs for collection and administration of the fee, but not to exceed one and one-half per cent (1 1/2%). The increased vehicle registration fee shall not become part of the state highway account or the state highway distribution account.

(4) The local highway jurisdictions in the county shall use the funds generated by the increased vehicle registration fee exclusively for the construction, repair, maintenance, and traffic supervision of the highways within their respective jurisdictions and the payment of interest and principal of obligations incurred for said purposes.

(5) Sections 49-404, 49-405, 49-408, 49-409, 49-410, 49-414, 49-415 and 49-416, Idaho Code, shall be subject to the provisions of this code section.

(6) Such funds generated from the optional vehicle registration fee increase shall be distributed as provided by written agreement approved by each of the local highway jurisdictions in the county or, if no agreement is adopted, as follows:

(a) Thirty per cent (30%) shall be apportioned among the cities, incorporated and specially chartered, in the county, in the same proportion as the population of the city bears to the total population of all the cities in the county, as shown by the last regular or special federal census.

(b) Seventy per cent (70%) shall be apportioned as follows:

(i) Twenty per cent (20%) shall be divided equally between the county highway department, where applicable, and each highway district in the county, where applicable;

(ii) Eighty per cent (80%) shall be divided between the county highway department where applicable, and each highway district in the county, where applicable, in the proportion that the number of miles of improved highways in each highway system of the county bears to the total number of improved miles of highways in the county.

History:

[40-827, added 1988, ch. 353, sec. 1, p. 1054; am. 1989, ch. 310, sec. 32, p. 804; am. 1991, ch. 285, sec. 1, p. 733; am. 1996, ch. 203, sec. 1, p. 626.]
Idaho Code § 40-106 — Idaho Code / Title 40 / Chapter 1 / Section 40-106
40-106 DEFINITIONS — E.
Status: in_force

40-106. Definitions — E.

(1) "Erect" means to construct, build, raise, assemble, place, affix, create, paint, draw or in any other way bring into being or establish, but does not include any of the foregoing activities when performed incident to the change of an advertising message or customary maintenance of a sign. With respect to certain easements held by the state restricting the erection of structures on certain lands, the state of Idaho and the department shall be deemed to have waived such restrictions with regard only to each sign erected prior to October 22, 1965.

(2) "Expenditure" means the awarding of a contract, franchise or authority to another by a district, and every manner and means whereby the highway district disburses district funds or obligates itself to disburse district funds. "Expenditure" does not include disbursement of district funds to regularly employed highway district employees, officials or agents, or for the performance of personal services to the district, or for the acquisition of personal property through a contract that has been competitively bid by the state of Idaho, one of its subdivisions, or an agency of the federal government.

(3) "Expense of the public" means the expenditure of funds for roadway maintenance by any governmental agency, including funds expended by any agency of the federal government, so long as the agency allows public access over the roadway on which the funds were expended and such roadway is not located on federal or state-owned land.

History:

[40-106, added 1985, ch. 253, sec. 2, p. 589; am. 1993, ch. 412, sec. 1, p. 1505; am. 2003, ch. 67, sec. 1, p. 226.]
Idaho Code § 40-1916 — Idaho Code / Title 40 / Chapter 19 / Section 40-1916
40-1916 PENALTY — REMEDIES CUMULATIVE.
Status: in_force

40-1916. Penalty — Remedies cumulative. (1) Any person who erects an advertising display, or who, as principal, agent or employee, causes or orders an advertising display to be erected, or one who permits an advertising display to be erected or maintained on land owned or leased by that person, in violation of the provisions of this chapter, shall be guilty of a misdemeanor.

(2) The remedies provided in this chapter for the removal of illegal advertising displays are cumulative and not exclusive of any other remedy provided by law.

History:

[40-1916, added 1985, ch. 253, sec. 2, p. 687.]
Idaho Code § 40-702 — Idaho Code / Title 40 / Chapter 7 / Section 40-702
40-702 STATE HIGHWAY ACCOUNT — ESTABLISHMENT.
Status: in_force

40-702. State highway account — Establishment. For the purpose of carrying out the provisions of this title, there is established in the dedicated fund of the state treasury an account to be known as the state highway account, which account shall include:

(1) All moneys received by the state treasurer for deposit to the state highway account.

(2) All fines, penalties and forfeitures incurred and collected for violations of the provisions of this title, except as otherwise provided.

(3) All donations to the state from any source for the construction and improvement of highways.

(4) All moneys received from local boards under joint contracts for the construction of state highways.

(5) All federal surface transportation funds received from the United States government, including, but not limited to, funds received pursuant to chapter 1 of title 23, United States Code, for the national highway systems program, the surface transportation program, the highway bridge program, the minimum guarantee program, the federal lands highways program and other similar programs under successor laws.

(6) Other moneys which may be provided by law for the construction and improvement of state highways.

(7) Interest earned on the investment of idle moneys in the state highway account shall be paid to the state highway account.

History:

[40-702, added 1985, ch. 253, sec. 2, p. 621; am. 1990, ch. 158, sec. 2, p. 345; am. 2005, ch. 378, sec. 4, p. 1220.]
Idaho Code § 40-1102 — Idaho Code / Title 40 / Chapter 11 / Section 40-1102
40-1102 SECURITY FOR BONDS.
Status: in_force

40-1102. Security for bonds. (1) The full faith, credit, and all taxable property within the limits of a highway district, as they exist at the time of the original resolution of the respective highway district for the issuance of bonds, or may subsequently be extended, shall continue pledged, and the proper officers of the district shall continue to assess and collect on all taxable property within the limits of the highway district necessary taxes to pay the bonds and interest as they become due. Should the tax for the payment of interest on or the principal of bonds not be collected in time to meet the payment, the money must be paid out of any moneys in the general fund of the district, and the moneys used for the payment shall be repaid out of the first moneys paid into the fund from which taken, and a sum sufficient to cover the deficit shall be levied and collected in the next, or any succeeding year. Failure of the officers of the district to comply with the provisions of this section shall be deemed guilty of a misdemeanor.

(2) No bond issued shall be invalidated, annulled, or set aside on account of any defect, irregularity, omission, informality, or failure to comply with the provisions of this title, unless it shall appear to the court that a substantial injury has been or is about to be suffered by the property owners and taxpayers of the district. Bond issues shall rest upon the consent of the taxpayers and the credit of the district shall not be injured by the cancellation of securities when issued.

(3) The district may recite in the bonds that all acts requisite to the issue of them have been duly and regularly performed and fully complied with, and that they are duly and regularly issued, and as affecting innocent purchasers, the recital shall be conclusive.

History:

[40-1102, added 1985, ch. 253, sec. 2, p. 643.]
Idaho Code § 40-1907 — Idaho Code / Title 40 / Chapter 19 / Section 40-1907
40-1907 PERMITS AND LICENSES — ISSUANCE — FEES.
Status: in_force

40-1907. Permits and licenses — Issuance — Fees. (1) The department, in accordance with the provisions of this chapter, shall issue or renew permits and licenses for a period of at least one (1) year for the erection or maintenance of all type of outdoor advertising structures, signs or displays. No permit or license shall be issued for the erection or construction of any sign which would be in violation of local law or ordinance at the time application is filed, and further provided that no permit shall be withheld or denied for a nonconforming sign which is to be removed pursuant to the terms of this chapter by reason of the sign being located upon land to which the state or the department has acquired a restrictive covenant regarding the erection of signs if the sign was in existence prior to October 22, 1965.

(2) The license fee for an original license, and for each annual renewal, is payable annually in advance, as follows:

(a) Fifty dollars ($50.00) for persons owning one or more but fewer than one hundred (100) signs subject to this chapter.

(b) One hundred dollars ($100) for persons owning more than one hundred (100) signs subject to this chapter.

(3) Licenses granted shall expire each year on December 31 and shall not be pro rated. Application for renewal of licenses shall be made not less than thirty (30) days prior to the date of expiration.

(4) A permit fee of ten dollars ($10.00) shall accompany each original permit application. An annual permit fee of three dollars ($3.00) shall accompany each renewal permit application.

(5) The issuance of a permit and payment of a permit fee for the placing of an advertising structure includes the right to change the advertising copy thereon without obtaining any additional permit for the remainder of the calendar year in which the permit is issued and without the payment of any additional permit fee.

(6) Any license or permit issued pursuant to this chapter may be transferred to any person who acquires the business as a successor of the person for whom the license or permit was issued.

History:

[40-1907, added 1985, ch. 253, sec. 2, p. 684.]
Idaho Code § 40-612 — Idaho Code / Title 40 / Chapter 6 / Section 40-612
40-612 COMMISSIONERS — HIGHWAY CONTRACTS.
Status: in_force

40-612. Commissioners — Highway contracts. No commissioner shall have interest directly or indirectly in any contract awarded or to be awarded by the commissioners, or in the benefits to be derived from them. A violation of this provision shall be a misdemeanor, and a conviction shall constitute a forfeiture of office and a fine not exceeding one thousand dollars ($1,000), or by imprisonment not to exceed six (6) months, or by both fine and imprisonment.

History:

[40-612, added 1985, ch. 253, sec. 2, p. 619.]
Idaho Code § 40-1502 — Idaho Code / Title 40 / Chapter 15 / Section 40-1502
40-1502 PETITIONS FOR CONSOLIDATION.
Status: in_force

40-1502. Petitions for consolidation. (1) Whenever electors of two (2) or more existing adjoining highway districts desire to consolidate those districts, a petition from each of the districts for consolidation, signed by five percent (5%) or twenty-five (25) electors, whichever is greater, qualified to vote at a highway district election in each of the highway districts, shall be presented to the commissioners of the county in which the highway districts are situated. The petitions shall state the name and, in a general way, describe the highway districts which it is proposed to consolidate.

(2) A majority of the elected commissioners of each of two (2) or more existing adjoining highway districts may also, on their own initiative, petition the county commissioners, in lieu of a petition as provided in subsection (1) of this section.

History:

[40-1502, added 1985, ch. 253, sec. 2, p. 664; am. 2000, ch. 202, sec. 3, p. 503.]
Idaho Code § 40-1335 — Idaho Code / Title 40 / Chapter 13 / Section 40-1335
40-1335 STANDARDS FOR CURB CONSTRUCTION — CURB RAMPS FOR PEOPLE WITH PHYSICAL DISABILITIES.
Status: in_force

40-1335. Standards for curb construction — Curb ramps for people with physical disabilities. (1) The standard for construction of curbs on each side of any city highway, or any connecting highway for which curbs and sidewalks have been prescribed by the appropriate governing body, shall require curb cuts or ramps at locations which allow a crossing movement at intersections. Each curb cut or ramp shall be constructed to allow reasonable access to the crosswalk for people with physical disabilities.

(2) Standards set for curb cuts and ramps under this section shall apply to all new curb construction and to all replacement curbs constructed at any point in a block which gives reasonable access to a crosswalk.

History:

[40-1335, added 1985, ch. 253, sec. 2, p. 657; am. 2010, ch. 235, sec. 31, p. 568.]
Idaho Code § 40-1001 — Idaho Code / Title 40 / Chapter 10 / Section 40-1001
40-1001 COUNTERSIGNING, DRAWING AND PAYMENT.
Status: in_force

40-1001. Countersigning, drawing and payment. (1) The secretary of a highway district shall countersign all drafts and warrants on the highway district treasury, and no payment of district funds shall be made except on a draft or warrant countersigned by him. He shall not countersign any draft or warrant until he has found that payment has been legally authorized, that the money for it has been duly appropriated and that the appropriation has not been exhausted.

(2) Warrants shall be drawn by and countersigned upon the order of the chairman of the highway commissioners, or in his absence, the other highway commissioners. No drafts or warrants shall be drawn except upon appropriation of the highway commissioners, nor in excess of the moneys actually in the district treasury. Warrants may be issued in anticipation of the collection of taxes, but not in excess of the amount of the levy, nor shall any warrants be issued, nor indebtedness incurred in anticipation of the levy, except as provided in section 40-816, Idaho Code.

(3) When a warrant is presented for payment, if there is money in the treasury for the purpose, the treasurer must pay the same and write on the face of it, "paid," the date of payment and sign his name.

History:

[40-1001, added 1985, ch. 253, sec. 2, p. 642.]
Idaho Code § 40-201 — Idaho Code / Title 40 / Chapter 2 / Section 40-201
40-201 STATE HIGHWAY, COUNTY HIGHWAY, HIGHWAY DISTRICTS AND CITY HIGHWAY SYSTEMS ESTABLISHED.
Status: in_force

40-201. State highway, county highway, highway districts and city highway systems established. There shall be a system of state highways in the state, a system of county highways in each county, a system of highways in each highway district, and a system of highways in each city, except as otherwise provided. The improvement of highways and highway systems is hereby declared to be the established and permanent policy of the state of Idaho, and the duty is hereby imposed upon the state, and all counties, cities, and highway districts in the state, to improve and maintain the highways within their respective jurisdiction as hereinafter defined, within the limits of the funds available.

History:

[40-201, added 1985, ch. 253, sec. 2, p. 593; am. 1986, ch. 206, sec. 1, p. 512; am. 1986, ch. 328, sec. 3, p. 804; am. 1987, ch. 130, sec. 1, p. 261.]
Idaho Code § 40-1509 — Idaho Code / Title 40 / Chapter 15 / Section 40-1509
40-1509 CONDUCT OF ELECTIONS.
Status: in_force

40-1509. Conduct of elections. (1) The polls shall be presided over by the appointed judges and clerks who must take an oath as judge and clerk of the highway district election and which oath shall obligate the judges and clerks to faithfully perform the duties of a board of election.

(2) All elections shall be by secret and separate ballot, each ballot in type, print or legible writing, stating in the affirmative and negative the proposition to be voted upon, and all ballots shall be in a form that the voters may express a choice by the marking of a cross (X).

(3) In all elections it is intended that no informalities in conducting the election shall invalidate the election, if the election has been otherwise fairly conducted. The clerks of the county commissioners shall prepare the necessary ballots for use in each of the highway districts.

History:

[40-1509, added 1985, ch. 253, sec. 2, p. 666; am. 2000, ch. 202, sec. 9, p. 506.]
Idaho Code § 40-413 — Idaho Code / Title 40 / Chapter 4 / Section 40-413
40-413 TRUST AGREEMENT.
Status: in_force

40-413. Trust agreement. (1) In the discretion of the board any bonds issued may be secured by a trust agreement by and between the board and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. A trust agreement or resolution providing for the issuance of bonds, subject to the provisions of section 40-412, Idaho Code, may pledge or assign tolls or other revenues to which the board's right then exists or may subsequently come into existence, and moneys derived from them, and the proceeds of the bonds, but shall not convey or mortgage any turnpike project or any part of it. A trust agreement or resolution providing for the issuance of bonds may contain provisions for protecting and enforcing the rights and remedies of bondholders as may be reasonable and proper, and not in violation of law, including covenants setting forth the duties of the board in relation to the requisition of property and the construction, improvement, maintenance, repair, operation and insurance of a turnpike project or projects, the rates of tolls and revenues to be charged, the payment, security or redemption of bonds, and the custody, safeguarding and application of all moneys, and provisions for the employment of consulting engineers in connection with the construction or operation of a turnpike project or projects. It shall be lawful for any bank or trust company incorporated under the laws of the state which may act as depository of the proceeds of bonds or of revenues to furnish indemnifying bonds or to pledge any securities as may be required by the board. A trust agreement or resolution may set forth rights and remedies of bondholders and of the trustee, and may restrict individual rights of action by bondholders. In addition, a trust agreement or resolution may contain other provisions as the board may deem reasonable and proper for the security of bondholders. All expenses incurred in carrying out the provisions of a trust agreement may be treated as a part of the cost of the operation of the turnpike project.

(2) Any pledge of tolls, other revenues, or other moneys made by the board shall be valid and binding from the time when the pledge is made. The tolls, other revenues, or other moneys pledged and subsequently received by the board shall immediately be subject to the lien of the pledge without any physical delivery or further act, and the lien of any pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the board, irrespective of whether the parties have notice of it.

History:

[40-413, added 1985, ch. 253, sec. 2, p. 611.]
Idaho Code § 40-1627 — Idaho Code / Title 40 / Chapter 16 / Section 40-1627
40-1627 MAJORITY VOTE REQUIRED APPROVING ANNEXATION — ACTION OF COMMISSIONERS.
Status: in_force

ANNEXATION

40-1627. Majority vote required approving annexation — Action of commissioners. If, after canvassing the election, a majority of the qualified electors of the additional territory voting are in favor of the annexation, then the commissioners must order that the additional area shall be annexed to the highway district and an order shall be entered in their minutes, and the area shall then constitute and be a part of the highway district. Where the area to be annexed lies in a county other than the county in which the election was held, duplicate copies of the result of the election, copy of the canvass and order annexing the area to the highway district shall be immediately transmitted by the county clerk of the county in which the election was held to the county clerk of the county in which the highway district lies, and shall be immediately approved by the commissioners and recorded in their minutes.

History:

[40-1627, added 1985, ch. 253, sec. 2, p. 673.]
Idaho Code § 40-508 — Idaho Code / Title 40 / Chapter 5 / Section 40-508
40-508 TRAFFIC SAFETY COMMISSION CREATED — MEMBERSHIP.
Status: in_force

40-508. Traffic safety commission created — Membership. (1) An Idaho traffic safety commission is established within the department.

(2) The commission shall be composed of not more than fifteen (15) members appointed by the director, who shall include the chairman of the transportation and defense committee of the house of representatives of the state and the chairman of the transportation committee of the senate of the state, plus the director or his representative who shall act as chairman. Members shall be representative of state and local traffic oriented agencies, the legislature, the judiciary, and private organizations and citizen groups.

(3) The director shall employ necessary personnel, shall have general supervision and control of all activities, functions and employees, and shall enforce all provisions of the laws of the state relating to highway safety programs and administer any other activities as may be required by the federal highway safety act of 1966 and any amendments to it, and the rules and regulations of the board pertaining to it.

History:

[40-508, added 1985, ch. 253, sec. 2, p. 615.]
Idaho Code § 40-1307 — Idaho Code / Title 40 / Chapter 13 / Section 40-1307
40-1307 HIGHWAY DISTRICTS ARE BODIES CORPORATE.
Status: in_force

40-1307. Highway districts are bodies corporate. Every highway district organized as provided by law is a body politic and corporate, and as such has the power specified in this chapter and in other statutes, including the power of eminent domain, and powers as necessarily implied from those expressed. The power of a highway district lies in the highway commissioners or by agents and officers acting under their authority or authority of law. The name of the highway district designated in the order of the commissioners declaring the territory duly organized as a highway district, shall be the corporate name of the district, and it must be known and designated by that name in all actions and proceedings touching its corporate right, property and duties.

History:

[40-1307, added 1985, ch. 253, sec. 2, p. 649.]
Idaho Code § 40-1606 — Idaho Code / Title 40 / Chapter 16 / Section 40-1606
40-1606 ELECTION OFFICERS AND POLLING DISTRICTS — NOTICE OF ELECTION.
Status: in_force

DETACHMENT

40-1606. Election officers and polling districts — Notice of election. The county clerk shall appoint judges for the election; the commissioners shall by order establish polling places; and the county clerk shall provide notice of the election in accordance with the provisions of section 34-1406, Idaho Code. The notice shall state the date and purpose of the election, the boundaries of the territory proposed to be detached from the highway district, the places of holding the election, the various polling districts if the election is to be held in more than one (1) place, the qualifications required of voters, and the hours during which the polls shall be open.

History:

[40-1606, added 1985, ch. 253, sec. 2, p. 669; am. 2009, ch. 341, sec. 87, p. 1045.]
Idaho Code § 40-306 — Idaho Code / Title 40 / Chapter 3 / Section 40-306
40-306 COMPENSATION AND REIMBURSEMENT FOR EXPENSES.
Status: in_force

40-306. Compensation and reimbursement for expenses. Each member of the board shall be compensated as provided by section 59-509(i), Idaho Code. The compensation and expenses shall be allowed and paid from the state highway and the state aeronautic's accounts.

History:

[40-306, added 1985, ch. 253, sec. 2, p. 597; am. 1995, ch. 203, sec. 3, p. 697.]
Idaho Code § 40-1810 — Idaho Code / Title 40 / Chapter 18 / Section 40-1810
40-1810 EXPENSES OF DISSOLUTION — HOW BORNE AND PAID.
Status: in_force

40-1810. Expenses of dissolution — How borne and paid. All expenses of proceedings to dissolve highway districts, including the posting and publication of notices of hearings on the petitions and of the election, the printing of ballots and compensation of judges and clerks of election, shall be borne by the county.

History:

[40-1810, added 1985, ch. 253, sec. 2, p. 680; am. 2009, ch. 341, sec. 99, p. 1048.]
Idaho Code § 40-1506 — Idaho Code / Title 40 / Chapter 15 / Section 40-1506
40-1506 POLLING PLACES — ELECTION OFFICERS.
Status: in_force

40-1506. Polling places — Election officers. The commissioners of each county concerned shall meet within thirty (30) days, in either special or regular session and, by order, enter in their minutes and designate the polling places in each of the concerned highway districts situated in the county, and the county clerk shall appoint judges.

History:

[40-1506, added 1985, ch. 253, sec. 2, p. 665; am. 2000, ch. 202, sec. 6, p. 505; am. 2009, ch. 341, sec. 81, p. 1043.]
Idaho Code § 40-305 — Idaho Code / Title 40 / Chapter 3 / Section 40-305
40-305 REMOVAL OF BOARD MEMBERS.
Status: in_force

40-305. Removal of board members. The governor may remove any board member for incompetency, inefficiency, intemperance, misconduct in office, neglect or dereliction of duty. Charges in writing, setting forth fully and concisely the cause and grounds of removal, together with a citation directing the member within fifteen (15) days after the service of the charges and citation to appear and be afforded a public hearing in the office of the governor, shall be effected by delivering a copy of the charges to the member or mailing it by United States registered mail in a sealed envelope with postage fully prepaid, addressed to the member at his last address of record. The appearance may be personal or by answer, and by counsel. Service of the charges and citation shall be complete if delivered personally at the time of delivery, and if mailed at the time of deposit in accordance with the provisions of the Code of Civil Procedure relating to service by mail. A complete transcript of the hearing, including the charges, answers, exhibits and testimony and proceedings, findings, decision and order, shall be made. If the member is removed from office, the completed transcript shall within ten (10) days after the decision be filed with the secretary of state.

History:

[40-305, added 1985, ch. 253, sec. 2, p. 596.]
Idaho Code § 40-513G — Idaho Code / Title 40 / Chapter 5 / Section 40-513G
40-513G DESIGNATION OF THE POW/MIA MEMORIAL HIGHWAY.
Status: in_force

40-513G. DESIGNATION OF THE POW/MIA MEMORIAL HIGHWAY. The portion of U.S. highway 26 located in Idaho beginning at the Oregon border and ending at the Wyoming border shall be known as the "POW/MIA Memorial Highway." The Idaho transportation department may place and maintain suitable signs at each end of the portion of U.S. highway 26 located in Idaho and may place markers at intermediate sites along the highway to clearly identify it as the "POW/MIA Memorial Highway." Provided, the department shall not place such signs or markers where other current special designations exist. The department will determine the location of any signs in the road right-of-way based on safety considerations. The department may work with the POW/MIA organization for the design of any signs and may accept moneys from various groups to create, install, and maintain the signs provided for in this section.

History:

[40-513G, added 2021, ch. 193, sec. 1, p. 521.]
Idaho Code § 40-1322 — Idaho Code / Title 40 / Chapter 13 / Section 40-1322
40-1322 CREATION OF LOCAL IMPROVEMENT DISTRICTS.
Status: in_force

40-1322. Creation of local improvement districts. Highway districts are empowered to create local improvement districts for construction, reconstruction and maintenance of highways and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads and retaining walls within the boundaries of the highway districts. The organization and operation of local improvement districts shall be as nearly as practicable as prescribed in chapter 17, title 50, Idaho Code.

History:

[40-1322, added 1985, ch. 253, sec. 2, p. 655.]
Idaho Code § 40-2210 — Idaho Code / Title 40 / Chapter 22 / Section 40-2210
40-2210 VALIDITY OF OUTSTANDING BONDS AND WARRANTS NOT AFFECTED.
Status: in_force

40-2210. Validity of outstanding bonds and warrants not affected. Nothing in this chapter shall be construed as impairing the validity of any bonds or warrants of a highway district outstanding at the time of the detachment of any territory.

History:

[(40-2210) 40-2110, added 1994, ch. 331, sec. 1, p. 1062; am. and redesig. 2005, ch. 25, sec. 91, p. 120.]
Idaho Code § 40-1006 — Idaho Code / Title 40 / Chapter 10 / Section 40-1006
40-1006 WARRANTS BEARING INTEREST — DUTIES AND ACCOUNTS OF TREASURER.
Status: in_force

40-1006. Warrants bearing interest — Duties and accounts of treasurer. When the treasurer pays any warrant on which interest is due, he must note on the warrant the amount of interest paid and enter on his account the amount of the interest distinct from the principal.

History:

[40-1006, added 1985, ch. 253, sec. 2, p. 643.]
Idaho Code § 40-806 — Idaho Code / Title 40 / Chapter 8 / Section 40-806
40-806 GENERAL LAWS APPLICABLE.
Status: in_force

40-806. General laws applicable. All ad valorem highway taxes levied and assessed under the provisions of this title shall become due and delinquent and shall attach to and become a lien on the real property assessed at the same time as other county taxes. All the provisions of the Idaho Code, governing the assessing and collecting of county taxes, are applicable to the assessment and collection of highway district taxes, wherever the same are consistent with the provisions of this title.

History:

[40-806, added 1985, ch. 253, sec. 2, p. 629.]
Idaho Code § 40-1408 — Idaho Code / Title 40 / Chapter 14 / Section 40-1408
40-1408 EXPENSE OF NOTICES AND DISSOLUTION PROCEEDINGS.
Status: in_force

40-1408. Expense of notices and dissolution proceedings. The expense of all notices and proceedings in relation to the dissolution of a city highway system, highway district and/or county highway system shall be chargeable to and borne by each respective city highway system, highway district and/or county highway system dissolved.

History:

[40-1408, added 1985, ch. 253, sec. 2, p. 660; am. 1988, ch. 221, sec. 4, p. 421.]
Idaho Code § 40-205 — Idaho Code / Title 40 / Chapter 2 / Section 40-205
40-205 SAVING CLAUSE FOR ACTS AND SUITS IN PROCESS OF BEING CARRIED OUT.
Status: in_force

40-205. Saving clause for acts and suits in process of being carried out. This act shall not affect any act done, ratified or confirmed, or any right accrued, or established, or any action or proceeding had or commenced in a civil or criminal cause prior to July 1, 1985, and actions or proceedings may be prosecuted and continued by the department, and when required, by the board or the director, as the case may be.

History:

[40-205, added 1985, ch. 253, sec. 2, p. 594.]
Idaho Code § 40-1206 — Idaho Code / Title 40 / Chapter 12 / Section 40-1206
40-1206 MAXIMUM LOAD — POSTING OF NOTICES.
Status: in_force

40-1206. Maximum load — Posting of notices. County or highway commissioners may limit the maximum load to be carried over and on any public bridge over which they have jurisdiction below the limit prescribed by law. In this case, the highway commissioners shall cause suitable signs to be erected and maintained at the approach to the bridge, specifying the limitation of load.

History:

[40-1206, added 1985, ch. 253, sec. 2, p. 646.]
Idaho Code § 40-614 — Idaho Code / Title 40 / Chapter 6 / Section 40-614
40-614 SERVICE OF NOTICE ON CHAIRMAN OR CLERK OF COMMISSIONERS OF ADJOINING COUNTY.
Status: in_force

40-614. Service of notice on chairman or clerk of commissioners of adjoining county. At least thirty (30) days before the commissioners of a particular county shall proceed to do any work in any adjoining county, it shall cause a notice to be served, in writing, on the chairman or clerk of the commissioners of the adjoining county of its intent to do the work, describing the nature, scope and kind of work to be done, giving the approximate cost of the work, the place where the work is to be performed, the approximate time the work will be commenced and the approximate time that will be required to complete the work.

History:

[40-614, added 1985, ch. 253, sec. 2, p. 619.]
Idaho Code § 40-2109 — Idaho Code / Title 40 / Chapter 21 / Section 40-2109
40-2109 POWERS AND DUTIES OF BOARD.
Status: in_force

40-2109. Powers and duties of board. (1) Only one (1) regional public transportation authority shall exist within a county and when established pursuant to this chapter the authority will have exclusive jurisdiction over all publicly funded or publicly subsidized transportation services and programs except those transportation services and programs under the jurisdiction of public school districts and law enforcement agencies.

(2) The authority may provide public transportation services on fixed or unfixed routes; public transportation services on fixed or unfixed schedules; paratransit services for the elderly and people with disabilities as defined in the Americans with disabilities act; special services to accommodate community celebrations, sporting events and entertainment open to the public; public transportation services between cities, rural areas, park-and-ride facilities, employment centers, health care facilities, universities and commercial and shopping areas; commuter services between communities; van or car pool programs.

(3) The authority shall fix by resolution the fares and fees to be charged those who use its public transportation services. Prior to adopting any such resolution, the board shall publish proposed fares and fees in at least one (1) issue of a newspaper having general circulation in the region and shall hold at least one (1) public hearing on the proposed fares and fees.

(4) The authority may establish, fund, control and operate the administrative, equipment maintenance, servicing, storage, fueling, and other facilities required to support a safe and efficient public transportation system. In carrying out the purposes of this chapter, the authority may employ personnel, contract for services with public and private agencies and retain legal and other professional counsel.

(5) The board may adopt resolutions consistent with law, as necessary, for carrying out the purposes of this chapter and discharging all powers and duties conferred to the authority pursuant to this chapter.

(6) The authority shall have an annual audit made of the financial affairs of the authority as required in section 67-450B, Idaho Code, by the first day of December following the close of the fiscal year.

(7) The authority may enter into cooperative agreements with the state, other authorities, counties, cities and highway districts under the provisions of section 67-2328, Idaho Code.

History:

[40-2109, added 1994, ch. 327, sec. 1, p. 1055; am. 1996, ch. 353, sec. 6, p. 1180.]
Idaho Code § 40-1311 — Idaho Code / Title 40 / Chapter 13 / Section 40-1311
40-1311 JURISDICTION OF HIGHWAY DISTRICT COMMISSIONERS.
Status: in_force

40-1311. Jurisdiction of highway district commissioners. In respect to all highways included within a highway district highway system, the power and jurisdiction of the highway district shall be inclusive. The highway district commissioners shall keep the highways in their system in proper repair, within the limits of the funds available to the highway district.

History:

[40-1311, added 1985, ch. 253, sec. 2, p. 652; am. 1986, ch. 328, sec. 10, p. 809; am. 1999, ch. 332, sec. 9, p. 904.]
Idaho Code § 40-812 — Idaho Code / Title 40 / Chapter 8 / Section 40-812
40-812 COLLECTION OF TAXES IN SPECIAL TAX DISTRICTS.
Status: in_force

40-812. Collection of taxes in special tax districts. The land within each special tax district is charged with a lien in favor of the highway district to the extent of the entire amount of all special taxes levied on the land within the special tax district in accordance with the provisions of this title. The amounts levied, both as to principal and interest, shall be assessed and collected by the tax collector as other taxes in the highway district are assessed and collected, and all the provisions of highway district law shall apply to the collection and the rights and remedies in respect to them. The portion of the amount of any bond issues of any highway district as shall be assessed and charged against land within special tax districts, shall be deducted and excluded in computing the two per cent (2%) bond limit of the highway district imposed by section 40-1101, Idaho Code.

History:

[40-812, added 1985, ch. 253, sec. 2, p. 632.]
Idaho Code § 40-1313 — Idaho Code / Title 40 / Chapter 13 / Section 40-1313
40-1313 DISTRICT HAS LEGAL TITLE TO PROPERTY.
Status: in_force

40-1313. District has legal title to property. The legal title to all property acquired under the provisions of this chapter shall immediately, and by operation of law, vest in the highway district, and shall be held by the district in trust for, and is dedicated and set apart to the uses and purposes set forth in this chapter.

History:

[40-1313, added 1985, ch. 253, sec. 2, p. 653.]
Idaho Code § 40-1103 — Idaho Code / Title 40 / Chapter 11 / Section 40-1103
40-1103 LEVIES FOR BONDS IN SPECIAL TAX DISTRICTS — REFUNDING.
Status: in_force

40-1103. Levies for bonds in special tax districts — Refunding. Should any bond issue where the indebtedness has been charged in part against adjoining property be funded or refunded so that a sinking fund for the original issue is not required to be established, then the annual levy for sinking fund requirements need not be made upon the land in the special tax districts created in respect to the bond issue; or, at the option of the highway district commissioners, a portion of the bond issue, to meet a sufficient amount which has been charged against the special tax districts, may remain without refunding, and shall subsequently be paid and retired with the proceeds of the special taxes on the land within the special tax districts. If the proceeds prove temporarily insufficient, then they shall be paid from the other revenues of the district. If the whole of an issue is refunded and new bonds issued, then the land within the special tax districts shall continue to be specially taxed for the new bonds, equal in amount to the refunding issue equably, both as to principal and interest, with the taxation of the district at large for the bond purposes. On the funding of any issue of bonds, on receiving from the treasurer of the district a certificate, under the seal of the district, signed by the secretary and treasurer of the district and either by the chairman or by the other highway district commissioners that the bonds have been actually funded and retired, the special assessment made against the land within the special tax districts created for the bond issue as provided in section 40-810, Idaho Code, shall be canceled, vacated and annulled, and a new special levy of the same amount shall be assessed against the land in the special tax districts in respect to the new or refunding bonds.

History:

[40-1103, added 1985, ch. 253, sec. 2, p. 644.]
Idaho Code § 40-2212 — Idaho Code / Title 40 / Chapter 22 / Section 40-2212
40-2212 HIGHWAY DISTRIBUTION ACCOUNT — ELIGIBILITY.
Status: in_force

40-2212. Highway distribution account — Eligibility. After the new highway district has been organized and in operation for a full quarter of a calendar year, the newly organized highway district shall be eligible for apportionment of funds from the highway distribution account as provided in section 40-709, Idaho Code.

History:

[(40-2212) 40-2112, added 1994, ch. 331, sec. 1, p. 1063; am. and redesig. 2005, ch. 25, sec. 93, p. 120.]
Idaho Code § 40-709 — Idaho Code / Title 40 / Chapter 7 / Section 40-709
40-709 APPORTIONMENT OF FUNDS FROM HIGHWAY DISTRIBUTION ACCOUNT TO LOCAL UNITS OF GOVERNMENT.
Status: in_force

40-709. Apportionment of funds from highway distribution account to local units of government. Commencing July 1, 1999, and each fiscal year thereafter, from the moneys appropriated from the highway distribution account to local units of government, three hundred twenty-six thousandths of one percent (0.326%) is appropriated to the local highway technical assistance council, and the balance of the appropriation shall be distributed as follows:

(1) Thirty percent (30%) shall be apportioned among incorporated and specially chartered cities, in the same proportion as the population of the incorporated or specially chartered city bears to the total population of all the incorporated or specially chartered cities as shown by the last regular or special federal census.

(2) The remainder shall be apportioned:

(a) Ten percent (10%) shall be divided equally among all counties of the state.

(b) Forty-five percent (45%) shall be divided among the counties of the state in the proportion that the amount collected from motor vehicle registrations in each county during the last calendar year bears to the total amount of those collections in all counties in the state.

(c) Forty-five percent (45%) shall be divided among the counties of the state in the proportion that the number of miles of improved highways in the county highway system of each county bears to the total number of miles of improved highways in the county highway systems of all counties in the state. The director is directed to certify to the state controller, on or before January 1 of each year, the number of miles of improved highways in each county.

(3) Moneys paid to counties with highway districts shall be further distributed by the state as follows:

(a) Ten percent (10%) shall be divided equally among the county, if the county maintains any highways, and the highway districts;

(b) Forty-five percent (45%) shall be divided among the county, if the county maintains any highways, and the highway districts of the county in the proportion that the amount collected from motor vehicle registrations in each area designated during the last calendar year bears to the total amount of those collections in the entire county;

(c) Forty-five percent (45%) shall be divided among the county, if the county maintains any highways, and the highway districts in the proportion that the number of miles of improved highways in the county and the highway districts bear to the total number of miles of improved highways in the entire county highway system.

(4) The state controller shall ascertain the sums set for the apportionment and remit to the local governments their share of the amount computed. The apportionment hereby made shall be remitted to the local governments not later than January 25, April 25, July 25, and October 25 of each year.

(5) Moneys paid to incorporated or specially chartered cities shall be expended by the governing bodies of those cities solely in the construction and maintenance of highways within their corporate limits and to meet the interest and sinking fund requirements for the current year on any unpaid bonds issued by those cities for highway and bridge purposes, or refunding bonds issued to take up those bonds.

(6) Each highway district receiving an apportionment from the highway distribution account shall apportion those funds as follows: To the interest and sinking fund of the district, an amount as may be necessary to meet the interest and sinking fund requirements for that year on any unpaid bonds issued by that district, and any balance of those funds shall be used for highway and bridge maintenance and construction. Each district may expend all or any portion of the balance of those funds in the construction and maintenance of state highways within the district.

(7) No part of highway funds or any apportionment from it shall ever be used for any purposes other than those provided in this section and in section 40-709A, Idaho Code, except as specifically otherwise provided. At the end of any fiscal year an unexpended balance of highway funds shall be carried forward and retained and subsequently applied to the maintenance and construction of highways or the payment of bond interest and principal and sinking fund requirements.

History:

[40-709, added 1985, ch. 253, sec. 2, p. 624; am. 1993, ch. 126, sec. 1, p. 319; am. 1993, ch. 177, sec. 1, p. 456; am. 1994, ch. 180, sec. 80, p. 479; am. 1994, ch. 280, sec. 3, p. 869; am. 1999, ch. 284, sec. 1, p. 707; am. 2014, ch. 214, sec. 1, p. 562.]
Idaho Code § 40-1101 — Idaho Code / Title 40 / Chapter 11 / Section 40-1101
40-1101 BONDS — FUNDING.
Status: in_force

40-1101. Bonds — Funding. Every highway district is granted the authority under article VIII of the Idaho constitution to issue negotiable coupon bonds for construction, improvements or repairs of any highways or structures in the district; for the purchase of material and machinery; for contracting highway engineering and construction; for the necessary expenses of the district in connection with these purposes; or for any or all of these or connected purposes. Every highway district is also granted the authority by resolution of its board of commissioners, without election, to issue negotiable coupon bonds for the purposes of funding or refunding any existing indebtedness, whether the indebtedness exists as warrant indebtedness or otherwise. Where an election is required under the provisions of article VIII of the Idaho constitution to authorize a bond issue, the election may be held with other elections. Elections shall be conducted by the county clerk in the same manner as county elections pursuant to title 34, Idaho Code. Authorization for the issuance, sale and redemption of bonds other than funding or refunding existing indebtedness, shall be as provided by chapter 2, title 57, Idaho Code. The total amount of bonds any district has issued and outstanding at any time shall not exceed two percent (2%) of the market value for assessment purposes of all the taxable property in the district as shown by the last preceding assessment list.

History:

[40-1101, added 1985, ch. 253, sec. 2, p. 643; am. 1986, ch. 327, sec. 1, p. 802; am. 2009, ch. 341, sec. 73, p. 1039.]
Idaho Code § 40-109 — Idaho Code / Title 40 / Chapter 1 / Section 40-109
40-109 DEFINITIONS — H.
Status: in_force

40-109. Definitions — H.

(1) "Highway district system" means all public highways within each highway district, except those included within the state highway system, those under another state agency, those included within city highway systems of incorporated cities with a functioning street department, and those under federal control.

(2) "Highway system, county." (See "County highway system," section 40-104, Idaho Code)

(3) "Highway system, state." (See "State highway system," section 40-120, Idaho Code)

(4) "Highway users' fund bonds" mean those bonds issued for and on behalf of dissolved city highway systems or highway districts, and the funds out of which those bonds are repayable shall be the moneys received or provided by section 40-707, Idaho Code.

(5) "Highways" mean roads, streets, alleys and bridges laid out or established for the public or dedicated or abandoned to the public. Highways shall include necessary culverts, sluices, drains, ditches, waterways, embankments, retaining walls, bridges, tunnels, grade separation structures, roadside improvements, adjacent lands or interests lawfully acquired, pedestrian facilities, and any other structures, works or fixtures incidental to the preservation or improvement of the highways. Roads laid out and recorded as highways, by order of a board of commissioners, and all roads used as such for a period of five (5) years, provided they shall have been worked and kept up at the expense of the public, or located and recorded by order of a board of commissioners, are highways.

History:

[40-109, added 1985, ch. 253, sec. 2, p. 589; am. 1986, ch. 328, sec. 2, p. 804; am. 1988, ch. 184, sec. 1, p. 322; am. 1994, ch. 324, sec. 2, p. 1040.]
Idaho Code § 40-1910 — Idaho Code / Title 40 / Chapter 19 / Section 40-1910
40-1910 LOCATION OF DISPLAYS.
Status: in_force

40-1910. Location of displays. No advertising display shall be placed or maintained in any of the following locations or positions or under any of the following conditions or if the advertising structure or sign is of the following nature:

(1) Within the right-of-way of any highway;

(2) Visible from any interstate or primary highway and simulating or imitating any directional, warning, danger or information sign permitted under the provisions of this chapter, or if intended or likely to be construed as giving warnings of traffic;

(3) Within any stream or drainage canal or below the flood water level of any stream or drainage canal where the advertising display might be deluged by flood waters and swept under any highway structure crossing the stream or drainage canal or against the supports of the highway structure;

(4) Not maintained in a safe condition;

(5) Visible from any interstate or primary highway and displaying any red, blue or blinking intermittent light likely to be mistaken for a warning or danger signal;

(6) Illuminated with such brilliance and so positioned as to blind or dazzle the vision of travelers on adjacent interstate or primary highways;

(7) Purported to direct the movement of traffic;

(8) Painted, affixed or attached to any natural feature as more particularly prohibited by section 18-7017, Idaho Code;

(9) Hinder the clear, unobstructed view of approaching or merging traffic, nor obscure from view any traffic sign or other official sign;

(10) Located as to obscure the view of any connecting highway or intersection; and

(11) Not clear or in good repair.

History:

[40-1910, added 1985, ch. 253, sec. 2, p. 685.]
Idaho Code § 40-1703 — Idaho Code / Title 40 / Chapter 17 / Section 40-1703
40-1703 SUBSEQUENT ELECTIONS.
Status: in_force

40-1703. Subsequent elections. Another election may be similarly called and held by the submission of petitions as provided by section 40-1702, Idaho Code, and any subsequent election shall not be held more often than six (6) years after the holding of any election submitting this question to the vote of the county.

History:

[(40-1703) 40-1702, added 1985, ch. 253, sec. 2, p. 675; am. and redesig. 1998, ch. 415, sec. 3, p. 1309.]
Idaho Code § 40-1905 — Idaho Code / Title 40 / Chapter 19 / Section 40-1905
40-1905 LICENSES REQUIRED — APPLICATION.
Status: in_force

40-1905. Licenses required — Application. (1) No person shall engage in or carry on the business or occupation of outdoor advertising without first having paid the license fee provided by this chapter.

(2) An application for a license shall be made by each outdoor advertising business on a form furnished by the department.

History:

[40-1905, added 1985, ch. 253, sec. 2, p. 684.]
Idaho Code § 40-2313 — Idaho Code / Title 40 / Chapter 23 / Section 40-2313
40-2313 TRAILS FOR LIVESTOCK — LAYING OUT — RULES CONCERNING USE — PENALTY.
Status: in_force

40-2313. Trails for livestock — Laying out — Rules concerning use — Penalty. (1) County or highway commissioners are authorized to lay out highways or designate existing highways, within their respective jurisdictions, to be used as trails for livestock. These highways may be of a width as determined by the respective commissioners, and they may lay out, alter, establish and secure lands for those highways in the same manner and under the same provisions as the laying out, or establishing, or securing rights-of-way for regular highways. A regular highway not established or designated as a livestock trail under the provisions of this section may be used for trailing livestock in a number and at a time as may be indicated in rules and regulations made for that purpose by the respective commissioners.

(2) Rules and regulations shall be entered on the minutes of the respective commissioners. When highways are provided by counties or districts and are available for use as livestock trails, the respective commissioners may by rule or regulation prohibit the use of any regular highway, or portion of it, in their respective jurisdictions, for trails over which to drive livestock.

(3) Any person driving livestock over a regular public highway in violation of rules or regulations prohibiting the use of the highway, or portion of it shall, in addition to any other penalties provided by law, be deemed guilty of a misdemeanor.

History:

[40-2313, added 1985, ch. 253, sec. 2, p. 696.]
Idaho Code § 40-2302 — Idaho Code / Title 40 / Chapter 23 / Section 40-2302
40-2302 PUBLIC ACQUIRES FEE SIMPLE TITLE — RECORD AND DEDICATION OF HIGHWAYS.
Status: in_force

40-2302. Public acquires fee simple title — Record and dedication of highways. (1) By taking or accepting land for a highway, the public acquires the fee simple title to the property. The person or persons having jurisdiction of the highway may take or accept lesser estate as they may deem requisite for their purposes.

(2) In all cases where consent to use the right-of-way for a highway is voluntarily given, purchased, or condemned and paid for, either an instrument in writing conveying the right-of-way and incidents to it, signed and acknowledged by the party making it, or a certified copy of the decree of the court condemning it, must be made, filed and recorded in the office of the recorder of the county in which the land conveyed or condemned shall be particularly described.

(3) No highway dedicated by the owner to the public shall be deemed a public highway, or be under the use or control of a county or highway district unless the dedication shall be accepted and confirmed by the commissioners of the county or highway district.

History:

[40-2302, added 1985, ch. 253, sec. 2, p. 694.]
Idaho Code § 40-2106 — Idaho Code / Title 40 / Chapter 21 / Section 40-2106
40-2106 AUTHORITY BOARD.
Status: in_force

40-2106. Authority board. (1) Each authority shall have a governing board appointed by and serving at the pleasure of the governing bodies of counties, incorporated cities and highway districts located wholly or partially within the authority.

(2) The board initially shall be composed of not less than five (5) members selected as follows: two (2) members representing each board of county commissioners; one (1) member representing highway district commissions wholly or partially contained within the region; two (2) members representing each city with a population of twenty-five thousand (25,000) or more; and one (1) member representing each city with a population of less than twenty-five thousand (25,000). Board composition subsequently may be modified pursuant to subsection (7) of this section.

(3) Board members shall be appointed by resolution of the appointing agency and shall serve at the pleasure of the appointing agency. Board members may be elected officials of the appointing agency or they may be representatives empowered by the agency to act in its best interests. The highway district board member shall be appointed by the board of commissioners of the highway district in counties with a single county-wide highway district or, in counties with more than one (1) highway district, by the board of county commissioners in consultation with all highway district commissions wholly or partially contained within the region.

(4) Ex officio members may be appointed to the authority board by any city or commission or by the board itself and shall serve at the pleasure of the appointing entity.

(5) Board members may be compensated forty dollars ($40.00) for each day in the actual performance of duties, but the total amount to be received as compensation shall not exceed the sum of one thousand dollars ($1,000) per year. Actual expenses shall be paid in addition to compensation. The payment for expenses shall be paid from funds of the authority upon presentation of itemized vouchers, signed by the board member and under oath made to the secretary of the authority.

(6) The authority shall be liable and responsible for the actions of the board members and employees of the authority when the board members and employees are performing their duties on behalf of the authority.

(7) Composition of the board may be modified from time to time by the board, provided that:

(a) The board adopts by majority vote at a regularly scheduled meeting a statement of intent to revise the board composition and a complete description of the proposed revision; and

(b) The board submits the statement of intent and proposed revision to the chief elected official of each city and commission within the authority for review and comment; and

(c) Each city or commission is provided a minimum of sixty (60) days in which to comment; and

(d) The board adopts a resolution revising the board composition by the affirmative vote of two-thirds (2/3) of all board members at a regularly scheduled meeting.

History:

[40-2106, added 1994, ch. 327, sec. 1, p. 1054; am. 1996, ch. 353, sec. 4, p. 1179.]
Idaho Code § 40-913 — Idaho Code / Title 40 / Chapter 9 / Section 40-913
40-913 RESOLUTION FOR USE OF DAY LABOR — MATERIALS OR SUPPLIES PURCHASED ON THE OPEN MARKET.
Status: in_force

40-913. Resolution for use of day labor — Materials or supplies purchased on the open market. After twice rejecting all bids received for the same project, the county or district commissioners may, after preparing a cost estimate and finding it to be a fact, pass a resolution declaring that the project can be performed more economically by day labor, or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution it may have the project accomplished in the manner stated. The work performed or the materials or supplies provided shall be in accordance with the same plans and specifications upon which the bids were based. A complete and accurate record shall be kept of the cost of performing the work and this cost record shall be in a form that allows easy comparison with the cost estimate. The record shall show the totals of all classes and kinds of work performed, the total cost and unit cost of each class, together with the costs of executing the work including the costs of labor, material, equipment purchased, rental of equipment, insurance, fringe benefits, superintendence and all other overhead allocable to that project, including the reasonable value of the use of equipment owned by the county or district.

History:

[40-913, added 1985, ch. 253, sec. 2, p. 641; am. 1987, ch. 79, sec. 7, p. 151.]
Idaho Code § 40-2312 — Idaho Code / Title 40 / Chapter 23 / Section 40-2312
40-2312 WIDTH OF HIGHWAYS.
Status: in_force

40-2312. Width of highways. (1) Where the width of a highway is stated in the plat, dedication, deed, easement, agreement, official road book, determination or other document or by an oral agreement supported by clear and convincing evidence that effectively conveys, creates, recognizes or modifies the highway or establishes the width, that width shall control.

(2) Where no width is established as provided for in subsection (1) of this section and where subsection (3) of this section is not applicable, such highways, except bridges and those located within cities, shall be not less than fifty (50) feet wide.

(3) Highways that at the time of a validation or judicial proceeding are not located on land owned by the United States or the state of Idaho or on land entirely surrounded by land owned by the United States or the state of Idaho, and that have not received maintenance at the expense of the public in at least three (3) years during the previous fifteen (15) years, shall be declared to be of such width, and none greater, as is sufficient to accommodate:

(a) The existing physical road surface;

(b) Existing uses of the highway;

(c) Existing features included within the definition of highways in section 40-109(5), Idaho Code;

(d) Such space for existing utilities as has historically been required for ongoing maintenance, replacement and upgrade of such utilities; and

(e) Space reasonably required for maintenance, motorist and pedestrian safety, necessary to maintain existing uses of the highway.

(4) Nothing in this section shall diminish or otherwise limit the authority and rights of irrigation districts, canal companies or other such entities as provided in chapters 11 and 12, title 42, Idaho Code.

(5) Nothing in this section shall diminish or otherwise limit any right of eminent domain as set forth in chapter 7, title 7, Idaho Code.

History:

[40-2312, added 1985, ch. 253, sec. 2, p. 695; am. 2013, ch. 239, sec. 6, p. 565.]
Idaho Code § 40-821 — Idaho Code / Title 40 / Chapter 8 / Section 40-821
40-821 TREASURER OF HIGHWAY DISTRICT — DUTIES.
Status: in_force

40-821. Treasurer of highway district — Duties. It is the duty of the treasurer of a highway district to keep accounts of the district and to place to the credit of the district all moneys received by him, and to pay over all moneys belonging to the district on legally drawn warrants or orders of the district officers entitled to draw them.

History:

[40-821, added 1985, ch. 253, sec. 2, p. 635.]
Idaho Code § 40-1816 — Idaho Code / Title 40 / Chapter 18 / Section 40-1816
40-1816 CONTROL OF BRIDGES AND HIGHWAYS OF DISSOLVED DISTRICT.
Status: in_force

40-1816. Control of bridges and highways of dissolved district. From and after the entry of the order for dissolution of any highway district, the commissioners of the county where the district was situate, or the succeeding operational unit, shall have the same control over all bridges and highways of the district situate in the county, as was or is vested in the commissioners in other territory of the county, including the power to levy ad valorem taxes upon the property situate therein for general highway and bridge purposes.

History:

[40-1816, added 1985, ch. 253, sec. 2, p. 682.]
Idaho Code § 40-1507 — Idaho Code / Title 40 / Chapter 15 / Section 40-1507
40-1507 NOTICE OF ELECTION — PUBLICATION AND CONTENTS.
Status: in_force

40-1507. Notice of election — Publication and contents. The commissioners of each county shall require its county clerk to give notice of the election in accordance with the provisions of title 34, Idaho Code. In addition, the notice shall state the purpose and date of the election, the hours during which the polls shall be open and list the polling places, in addition to the following: the name and general description of the respective highway districts proposed to be consolidated; the market value for assessment purposes of all the property situated in each of the concerned highway districts, as shown by the last county assessment rolls; the total bonded and current warrant and other indebtedness of each of the highway districts; the preceding property highway tax levy of each of the highway districts; and the total bonded and current warrant and other indebtedness of the proposed consolidated highway district.

History:

[40-1507, added 1985, ch. 253, sec. 2, p. 665; am. 2000, ch. 202, sec. 7, p. 505; am. 2009, ch. 341, sec. 82, p. 1043.]
Idaho Code § 40-1302 — Idaho Code / Title 40 / Chapter 13 / Section 40-1302
40-1302 COUNTY DIVISION OR CHANGE IN BOUNDARIES — JOINT HIGHWAY DISTRICT FORMED.
Status: in_force

40-1302. County division or change in boundaries — Joint highway district formed. When a county division or change in the boundaries of a county divides an existing highway district the district shall continue as a joint highway district until changed as provided by this title. It shall be the duty of the commissioners of the respective counties affected to rename the district as a joint highway district, and the renamed joint highway district shall in all things be considered a continuation of the existing district.

History:

[40-1302, added 1985, ch. 253, sec. 2, p. 647.]
Idaho Code § 40-209 — Idaho Code / Title 40 / Chapter 2 / Section 40-209
40-209 HIGHWAY RIGHT-OF-WAY PLATS.
Status: in_force

40-209. Highway right-of-way plats. (1) A public highway agency may file in the office of the county recorder a highway right-of-way plat. The highway right-of-way plat shall show by outline and identify by parcel number, parcels of land to be acquired and shall be prepared in conformance with sections 55-1905 through 55-1907, Idaho Code. The recording of a highway right-of-way plat as provided in this section shall not excuse a county or highway district from the requirements of abandonment or validation of a public highway or public right-of-way as provided in sections 40-203 and 40-203A, Idaho Code. The highway right-of-way plat shall contain the following:

(a) Project name and number;

(b) The location and monumentation of the points where the right-of-way changes direction by angle point or curvature and its intersection with any public highway, street or trail right-of-way and all witness corners and reference points. All points shall be marked with magnetically detectable monuments conforming to the provisions of section 54-1227, Idaho Code, unless special circumstances preclude use of such monument. Monuments shall be marked such that measurements between them may be made to the nearest one-tenth (0.1) foot;

(c) An outline showing the boundary of each parcel of land to be acquired based on ownership records and the right-of-way location survey;

(d) An identifying parcel number and the area for each parcel of land to be acquired;

(e) Acknowledgement of authorized agent of the public highway agency filing said plat;

(f) Certificate of land surveyor under whose responsible charge the plat is prepared.

(2) The highway right-of-way plat filed with the county recorder of any county shall be assigned an instrument number and shall be bound or filed with other plats of like character in a book on file designated "Highway Right-of-Way Plats."

(3) Any amendments, alterations, rescissions or changes in a highway right-of-way plat shall comply with subsection (1) of this section and shall be filed in a like manner. The recorder may make suitable notations on the appropriate highway right-of-way plat affected by the amendment, alteration, rescission or change to direct the attention of anyone examining the record to the proper plat.

(4) Highway right-of-way plats filed under this section shall not operate to transfer title to the real property described therein but such plat shall be used for delineation purposes. Acquisition of real property for highway right-of-way by conveyance or judicial decree may refer to said highway right-of-way plat, project number and parcel identification number, together with delineation of the parcel as a valid description of the real property for all purposes.

(5) The agency making the initial filing in a county shall reimburse the county recorder the actual cost of the plat book required in subsection (2) of this section.

History:

[40-209, added 1994, ch. 364, sec. 2, p. 1140; am. 2011, ch. 136, sec. 5, p. 385.]
Idaho Code § 40-1608 — Idaho Code / Title 40 / Chapter 16 / Section 40-1608
40-1608 ORDER DECLARING TERRITORY DETACHED.
Status: in_force

DETACHMENT

40-1608. Order declaring territory detached. If upon the canvass of the returns of the election the commissioners shall find that a majority of the votes cast in the district are in favor of the detachment from the highway district of the territory embraced in the proposal for detachment, they shall immediately make and enter an order declaring that territory detached from the district to the extent and for the purposes set forth.

History:

[40-1608, added 1985, ch. 253, sec. 2, p. 669.]
Idaho Code § 40-1405 — Idaho Code / Title 40 / Chapter 14 / Section 40-1405
40-1405 ORGANIZATION OF DISTRICT — OFFICERS — OFFICIAL BONDS.
Status: in_force

40-1405. Organization of district — Officers — Official bonds. (1) Immediately after appointment, the county-wide highway district commissioners shall meet and organize, elect a chairman from their number, and appoint a secretary and treasurer who may also be from their number, for terms fixed by them. The offices of secretary and treasurer may be filled by the same person. Certified copies of all appointments, under the hand of each of the commissioners, shall be filed with the clerk of the county commissioners and with the tax collector of the county.

(2) The officers of the highway district shall take and file with their secretary an oath for the faithful performance of the duties of their respective offices. Each highway commissioner and director shall execute an official bond in the sum of not less than five thousand dollars ($5,000). The treasurer on his appointment shall execute and file with the secretary an official bond in an amount of money equal to an amount that may come into his hands as treasurer. If a surety bond is given as provided in section 41-2604, Idaho Code, the bond need not exceed one hundred thousand dollars ($100,000), but in no case shall the amount of the bond be less than an amount set by the highway district commissioners.

History:

[40-1405, added 1985, ch. 253, sec. 2, p. 659.]
Idaho Code § 40-1404 — Idaho Code / Title 40 / Chapter 14 / Section 40-1404
40-1404 APPOINTMENT OF FIRST HIGHWAY DISTRICT COMMISSIONERS IN CERTAIN COUNTYWIDE HIGHWAY DISTRICTS — SUBDISTRICTS — ELECTIONS, TERMS AND SALARIES OF COMMISSIONERS.
Status: in_force

40-1404. Appointment of first highway district commissioners in certain countywide highway districts — Subdistricts — Elections, terms and salaries of commissioners. For counties with a population of two hundred thousand (200,000) persons or less, if there is a majority affirmative vote at the election the county commissioners, at their next meeting shall organize the countywide highway district. The county shall be subdivided by the county commissioners into three (3) subdistricts, designated subdistricts number one, two and three, as nearly equal in population as practicable, and one (1) highway commissioner shall represent each subdistrict and be a resident of the subdistrict. The governor shall appoint the first countywide highway district commissioners. Where one (1) or more highway districts have been in existence at the time of the creation of the countywide highway district, the governor shall appoint, whenever practicable, at least one (1) of the former highway district commissioners as they shall qualify by reason of residence in the territorial limits of the subdistricts of the countywide highway district as a commissioner of the countywide highway district. County commissioners and city council members shall not be eligible to hold office as a countywide highway district commissioner. The originally appointed commissioners shall serve until the next general election when two (2) members shall be elected for two (2) years and one (1) member shall be elected for a term of four (4) years, the commissioner from subdistrict number one being elected for a term of four (4) years. The four (4) year term shall be allotted thereafter in rotation to subdistricts number two, three and one. A qualified voter of the countywide highway district shall be eligible to vote for each of the countywide highway district commissioners, and the election shall be conducted as provided by Idaho statutes relating to holding elections at the county level.

The highway commissioners shall take office on January 1 of the year immediately following their election, and each may be compensated in accordance with the provisions of section 40-1314, Idaho Code, or receive a salary not to exceed six hundred dollars ($600) per calendar month with the exception of the president of the highway commissioners who may receive a salary not to exceed seven hundred dollars ($700) per calendar month.

History:

[40-1404, added 1985, ch. 253, sec. 2, p. 659; am. 1988, ch. 221, sec. 2, p. 420; am. 1993, ch. 109, sec. 1, p. 278; am. 1998, ch. 300, sec. 1, p. 989; am. 2003, ch. 68, sec. 6, p. 233.]
Idaho Code § 40-1611 — Idaho Code / Title 40 / Chapter 16 / Section 40-1611
40-1611 VALIDITY OF OUTSTANDING BONDS AND WARRANTS NOT AFFECTED.
Status: in_force

DETACHMENT

40-1611. Validity of outstanding bonds and warrants not affected. Nothing in this chapter shall be construed as impairing the validity of any bonds or warrants of a highway district outstanding at the time of the detachment of any territory.

History:

[40-1611, added 1985, ch. 253, sec. 2, p. 670.]
Idaho Code § 40-607 — Idaho Code / Title 40 / Chapter 6 / Section 40-607
40-607 COUNTY AND HIGHWAY DISTRICT HIGHWAY SYSTEM CONSTRUCTION, MAINTENANCE AND RIGHT-OF-WAY COSTS BORNE BY THE RESPONSIBLE COUNTY OR HIGHWAY DISTRICT — EXCEPTIONS.
Status: in_force

40-607. County and highway district highway system construction, maintenance and right-of-way costs borne by the responsible county or highway district — Exceptions. The costs of constructing, reconstructing, maintaining and acquiring rights-of-way for highways in a county highway system and a highway district highway system shall be borne by the responsible highway jurisdiction. This section shall not be construed as preventing counties and highway districts from contracting with the state for engineering or other services provided just compensation is paid. If planning or engineering studies show the existence of a need, a county or highway district may purchase, condemn or otherwise acquire new or additional rights-of-way for a new alignment of or improvement of an existing alignment of an extension of a county or highway district rural major collector highway through cities with populations of less than five thousand (5,000), provided the extension does not eliminate access to adjacent property owners. A county or highway district shall have jurisdiction, with the full authority to construct, maintain and control, over an extension of a rural major collector highway eligible for federal highway funds within a city, when the city population is less than five thousand (5,000). Counties and highway districts may enter into any mutual agreement for the transfer of maintenance and control of the rural major collector highway extension to the city. A county or highway district may contract with an adjoining county or highway district for the construction and/or maintenance of any part of its highway system.

History:

[40-607, added 1985, ch. 253, sec. 2, p. 617; am. 1986, ch. 328, sec. 8, p. 806; am. 1993, ch. 127, sec. 1, p. 322.]
Idaho Code § 40-316 — Idaho Code / Title 40 / Chapter 3 / Section 40-316
40-316 POWERS AND DUTIES — REPORTS.
Status: in_force

40-316. Powers and duties — Reports. The board shall:

(1) Make annually, on or before December 1 of each year and at other times as the governor may require, reports in writing to the governor concerning the condition, management and financial transactions of the department.

History:

[40-316, added 1985, ch. 253, sec. 2, p. 604.]
Idaho Code § 40-1801 — Idaho Code / Title 40 / Chapter 18 / Section 40-1801
40-1801 DISTRICTS SUBJECT TO DISSOLUTION.
Status: in_force

40-1801. Districts subject to dissolution. Any highway district of the state, except a single countywide highway district formed pursuant to chapter 14, title 40, Idaho Code, may be dissolved as provided in this chapter. Sections 40-1806 through 40-1821, Idaho Code, shall apply to any election and process for dissolution of a single countywide highway district.

History:

[40-1801, added 1985, ch. 253, sec. 2, p. 678; am. 2004, ch. 361, sec. 2, p. 1082.]
Idaho Code § 40-2209 — Idaho Code / Title 40 / Chapter 22 / Section 40-2209
40-2209 EFFECT OF DETACHMENT OF TERRITORY — APPORTIONMENT OF INDEBTEDNESS.
Status: in_force

40-2209. Effect of detachment of territory — Apportionment of indebtedness. The detachment of territory from the district shall be deemed to relate only to the operations of the district subsequent to the order of detachment. Territory detached and all taxable property in that territory shall be and remain liable for the proportionate share of all bonded, warrant, and other indebtedness incurred by the district prior to the time of detachment. The proportionate share of the indebtedness of the district incurred prior to the order of detachment shall be borne by the detached territory and shall be computed as provided in section 40-1609, Idaho Code.

History:

[(40-2209) 40-2109, added 1994, ch. 331, sec. 1, p. 1062; am. and redesig. 2005, ch. 25, sec. 90, p. 119.]
Idaho Code § 40-2008 — Idaho Code / Title 40 / Chapter 20 / Section 40-2008
40-2008 COMPUTATION OF REPLACEMENT HOUSING PAYMENT DURING CONDEMNATION PROCEEDINGS — ADJUSTMENT AFTER JUDGMENT.
Status: in_force

40-2008. Computation of replacement housing payment during condemnation proceedings — Adjustment after judgment. In the event an acquisition payment to an owner-occupant for a dwelling cannot be finally determined because condemnation proceedings may become necessary or are pending against the property, the replacement housing payment authorized by section 40-2005(1), Idaho Code, shall be made and computed as though the maximum offer of the state or agency for the property is the actual acquisition payment. In the event the final award and judgment rendered in the condemnation proceedings exceeds the state's highest offer, any difference between the offer and the judgment shall be deducted from the replacement housing payment, but in no event shall the judgment be reduced by more than the amount of the replacement housing payment.

History:

[40-2008, added 1985, ch. 253, sec. 2, p. 693.]
Idaho Code § 40-1416 — Idaho Code / Title 40 / Chapter 14 / Section 40-1416
40-1416 AUTHORIZATION FOR VOTERS TO APPROVE VEHICLE REGISTRATION FEE.
Status: in_force

40-1416. Authorization for voters to approve vehicle registration fee. (1) Notwithstanding the provisions of section 49-207, Idaho Code, the voters of any county in which a countywide highway district is organized pursuant to chapter 14, title 40, Idaho Code, may authorize the countywide highway district to adopt a resolution by a majority vote of the countywide highway district commissioners to implement and collect a motor vehicle registration fee not to exceed two (2) times the amount established in section 49-402, Idaho Code. The authorization to adopt, implement, and collect a vehicle registration fee may be made by the registered voters of the county only at a general election held in even-numbered years, and a simple majority of the votes cast on the question shall be necessary to authorize the fee.

(2) In any election, the resolution submitted to the county voters shall:

(a) State the exact rate of the fee; and

(b) State the duration of the fee.

No rate shall be increased and no duration shall be extended without the approval of the voters, by the same simple majority of the votes cast.

An election to approve or disapprove the adoption of a vehicle registration fee may be called for by the adoption of a resolution by a majority vote of the countywide highway district commissioners. Any costs incurred to conduct the election for the district shall be paid by the county.

(3) Any countywide highway district authorized to adopt a resolution for a vehicle registration fee shall contract with the department for the collection, distribution, and administration of the fee in like manner, and under the definitions and rules for the collection and administration of other registration fees as set forth in chapter 4, title 49, Idaho Code. Monthly, following receipt by the department of revenues from the implementation of a vehicle registration fee, the department shall remit the same to the countywide highway district implementing such fee, less a deduction for such amount as may be agreed upon between the department and the commissioners of the countywide highway district, for the department's actual costs for collection and administration of the fee. The vehicle registration fee shall not become part of the state highway account or state highway distribution account.

(4) The countywide highway district must use the funds generated by a vehicle registration fee exclusively for the construction, repair, maintenance, and traffic supervision of the highways within its jurisdiction, and the payment of interest and principal of obligations incurred for said purposes.

(5) Sections 49-405, 49-408, 49-416, 49-404, 49-409, 49-415 and 49-410, Idaho Code, shall be subject to the provisions of this section.

History:

[40-1416, added 1986, ch. 260, sec. 1, p. 679; am. 1987, ch. 125, sec. 1, p. 255; am. 1988, ch. 265, sec. 571, p. 869; am. 1991, ch. 285, sec. 2, p. 735; am. 2009, ch. 341, sec. 79, p. 1042.]
Idaho Code § 40-1902 — Idaho Code / Title 40 / Chapter 19 / Section 40-1902
40-1902 ERECTING AND MAINTAINING ADVERTISING DISPLAYS.
Status: in_force

40-1902. Erecting and maintaining advertising displays. The provisions of this chapter and the regulation of erecting and maintaining advertising displays, insofar as the regulation may affect erecting and maintaining advertising displays visible from the interstate or primary system of highways of this state, shall be exclusive of all regulations whether enacted by a law of this state or by a political subdivision the state.

History:

[40-1902, added 1985, ch. 253, sec. 2, p. 683.]
Idaho Code § 40-822 — Idaho Code / Title 40 / Chapter 8 / Section 40-822
40-822 DETACHED TERRITORY — ORDER DETERMINING APPORTIONMENT OF INDEBTEDNESS — SPECIAL LEVY.
Status: in_force

40-822. Detached territory — Order determining apportionment of indebtedness — Special levy. (1) A board of highway district commissioners shall enter upon its records an order determining the net proportionate share of the indebtedness of the highway district incurred prior to a detachment of territory for which the detached territory should be and remain liable.

(2) Notwithstanding the detachment of territory with respect to the future operations and conduct of the district, the board of highway district commissioners shall annually levy upon all the property within the detached territory a special tax sufficient to pay as it falls due, the principal and interest of that proportionate share of the prior indebtedness of the district for which the detached territory is and shall remain liable. The special tax shall be levied at the same time, certified, and collected in the same manner as are the other taxes levied by the district, but after detachment the detached territory or the property in the district shall not be subject to taxation by a highway district for future operations of the district or for the repayment of any indebtedness subsequently incurred by the district.

History:

[40-822, added 1985, ch. 253, sec. 2, p. 635.]
Idaho Code § 40-606 — Idaho Code / Title 40 / Chapter 6 / Section 40-606
40-606 CONDEMNATION OF RIGHTS-OF-WAY.
Status: in_force

40-606. Condemnation of rights-of-way. (1) Whenever the commissioners or their director of highways shall be unable to agree with any person for a parcel of land, or the person shall be unknown or a nonresident of the county, or a minor, or an insane or incompetent person, the commissioners or director of highways shall have the right, subject in case of the director of highways on the order of the commissioners, to begin action in the name of the county in the district court to condemn the land necessary for the right-of-way for the highway under the provisions of chapter 7, title 7, Idaho Code. An order of the commissioners, entered upon their minutes, that the land sought to be condemned is necessary for a public highway and public use shall be prima facie evidence of the fact.

(2) Any lands classified as omitted lands under federal legislation shall be governed by the provisions of section 7-704A, Idaho Code.

History:

[40-606, added 1985, ch. 253, sec. 2, p. 617.]
Idaho Code § 40-410 — Idaho Code / Title 40 / Chapter 4 / Section 40-410
40-410 TOLLS.
Status: in_force

40-410. Tolls. When all turnpike revenue bonds and the interest on them shall have been paid, or a sufficient amount for the payment of all bonds and the interest on them to the maturity of them, shall have been set aside for the benefit of bondholders, the board shall continue to use toll revenues as may be necessary to continue the turnpike project in satisfactory condition and repair.

History:

[40-410, added 1985, ch. 253, sec. 2, p. 610.]
Idaho Code § 40-610 — Idaho Code / Title 40 / Chapter 6 / Section 40-610
40-610 REPORT OF CONDITION OF HIGHWAYS — FILING.
Status: in_force

40-610. Report of condition of highways — Filing. On or before the first day of November in each year, the commissioners shall make a report of the condition of the work, construction, maintenance and repair of all the highways within the county, accompanied by a map or maps of them, together with any other facts necessary for establishing generally the situation and condition of highways within the county. The report shall be made in duplicate, one (1) copy to be filed in the office of the board and one (1) with the clerk of the commissioners.

History:

[40-610, added 1985, ch. 253, sec. 2, p. 618.]
Idaho Code § 40-2111 — Idaho Code / Title 40 / Chapter 21 / Section 40-2111
40-2111 ISSUANCE OF REVENUE BONDS.
Status: in_force

40-2111. Issuance of revenue bonds. A regional public transportation authority may issue revenue bonds in the same manner and form as under the municipal bond law contained in chapter 10, title 50, Idaho Code, provided that the ordinance required therein shall be by resolution of the board. For the purpose of this section, the term "city" in the municipal bond law shall include the term "regional public transportation authority."

History:

[40-2111, added 1994, ch. 327, sec. 1, p. 1056.]
Idaho Code § 40-1319 — Idaho Code / Title 40 / Chapter 13 / Section 40-1319
40-1319 DIRECTOR OF HIGHWAYS — APPOINTMENT — QUALIFICATIONS — OATH.
Status: in_force

40-1319. Director of highways — Appointment — Qualifications — Oath. As soon as possible after the organization of a highway district, the highway district commissioners may appoint a director of highways. If a director of highways is not appointed his duties shall devolve upon the highway district commissioners. The director shall be skilled and experienced in the building, maintenance and repairing of highways and bridges. The term of office of the director, and his compensation, shall be fixed by the highway district commissioners.

History:

[40-1319, added 1985, ch. 253, sec. 2, p. 654; am. 1999, ch. 332, sec. 11, p. 904.]
Idaho Code § 40-302 — Idaho Code / Title 40 / Chapter 3 / Section 40-302
40-302 BOARD — MEMBERSHIP — APPOINTMENT — QUALIFICATION.
Status: in_force

40-302. Board — Membership — Appointment — Qualification. The board shall be composed of seven (7) members to be appointed by the governor. Not more than four (4) members shall at any time belong to the same political party. Members shall be well informed and interested in the construction and maintenance of public highways and highway systems, and their selection and appointment shall be made solely with regard to the best interests of the various functions of the board. At least one (1) member shall have special training, experience or expertise in the field of aeronautical transportation. Each member at the time of his appointment shall have been a citizen, resident and taxpayer of the state of Idaho and of the district from which he is appointed for at least five (5) years. During his tenure of office no member shall hold or occupy any federal, state, county, or municipal elective or other appointive office, or any office in any political party.

History:

[40-302, added 1985, ch. 253, sec. 2, p. 595; am. 1995, ch. 203, sec. 1, p. 696.]
Idaho Code § 40-823 — Idaho Code / Title 40 / Chapter 8 / Section 40-823
40-823 LEVY TO PAY INDEBTEDNESS UPON DIVISION OF DISTRICT.
Status: in_force

40-823. Levy to pay indebtedness upon division of district. Whenever there is a division of a highway district and an amount is found to be due from either of the districts to the other, and where a warrant or warrants have been drawn for the amount due payable to the creditor district, and the levy for the first year is found to be insufficient for the payment of the warrant or warrants, it shall be the duty of the board of highway district commissioners of the debtor district to levy annually a tax sufficient to pay at least twenty-five per cent (25%) of the warrant indebtedness annually, or so much of the warrant indebtedness as the limit of levying taxes by a highway district as prescribed by law will permit. The highway district commissioners of the former district shall annually levy an ad valorem tax for both the former and the new district for the purpose of providing a sinking fund to pay the bonded indebtedness of the former district at the time of the division. Upon any levy being made by the board of highway district commissioners of the former district, it shall be the duty of the clerk of that board to transmit to the board of highway district commissioners of the new district a certified copy of the resolution providing for the tax. It shall be the duty of the board of highway district commissioners of the new district to spread the resolution on its minutes, and a tax shall be levied on the new district in accordance with the resolution and collected in the same manner as other special highway district taxes are collected. The moneys shall be paid as soon as collected by the tax collector of the county in which the new district is situated, to the treasurer of the former district who shall credit the tax moneys to the sinking fund to liquidate the existing bonded indebtedness.

History:

[40-823, added 1985, ch. 253, sec. 2, p. 636.]
Idaho Code § 40-714 — Idaho Code / Title 40 / Chapter 7 / Section 40-714
40-714 BUDGETING AND ALLOCATION OF FUNDS.
Status: in_force

40-714. Budgeting and allocation of funds. (1) The commissioners shall budget and allocate the moneys from the highway distribution account to be available during the year for which the budget is made as in the manner now provided by law for the budgeting of its expenditures, and may budget and allocate so much of them as shall be available for construction and maintenance of highways, in cooperation with the state of Idaho and United States, or either.

(2) The board of commissioners of each highway district may at any meeting allocate the moneys then available and to become available from the highway distribution account during that year for the construction and maintenance of highways, in cooperation with the state of Idaho and the United States, or either.

History:

[40-714, added 1985, ch. 253, sec. 2, p. 627.]
Idaho Code § 40-1622 — Idaho Code / Title 40 / Chapter 16 / Section 40-1622
40-1622 EFFECT OF ANNEXATION.
Status: in_force

ANNEXATION

40-1622. Effect of annexation. The area annexed to the highway district shall be placed by the highway commissioners of the district into the subdistrict or subdistricts of the district as they shall determine and shall be subject to taxation for the payment of all of the outstanding obligations of the district existing at the time of annexation, and subject to taxation as all other lands of the district for the operation of the highway system of the district.

History:

[40-1622, added 1985, ch. 253, sec. 2, p. 672.]
Idaho Code § 40-824 — Idaho Code / Title 40 / Chapter 8 / Section 40-824
40-824 COMPUTATION AND PAYMENT OF INDEBTEDNESS OF DISSOLVED DISTRICT SITUATED IN TWO OR MORE COUNTIES.
Status: in_force

40-824. Computation and payment of indebtedness of dissolved district situated in two or more counties. In the case of dissolved highway districts situated in two (2) or more counties, the commissioners of the county having jurisdiction of the dissolution of the district shall compute the indebtedness of the entire district and shall provide for the payment of the indebtedness out of the district funds on hand, or to be raised by special levies, which shall be determined and levied by the county, and shall be certified to the clerk of the commissioners of each of the counties in which is situated any part of the dissolved district. The tax shall be levied and imposed by each of the counties upon the property of the former district as may be within the county, the tax collected and, not less than quarterly, be remitted to the treasurer of the succeeding operational unit to be applied in payment of the indebtedness of the district.

History:

[40-824, added 1985, ch. 253, sec. 2, p. 636.]
Idaho Code § 40-314 — Idaho Code / Title 40 / Chapter 3 / Section 40-314
40-314 POWERS AND DUTIES — DEPARTMENTAL.
Status: in_force

40-314. Powers and duties — Departmental. The board shall:

(1) Establish departmental internal structures deemed necessary for the full and efficient administration of this title.

(2) Exercise exclusive control over the employment, promotion, reduction, dismissal and compensation of all employees of the department.

(3) Exercise any other powers and duties, including the adoption of rules and regulations, deemed necessary to fully implement and carry out the provisions of this title and the control of the financial affairs of the board and the department.

History:

[40-314, added 1985, ch. 253, sec. 2, p. 603.]
Idaho Code § 40-321 — Idaho Code / Title 40 / Chapter 3 / Section 40-321
40-321 COMMERCIAL ENTERPRISES ON PROHIBITED ACCESS HIGHWAYS PROHIBITED — EXCEPTION — CONNECTING SERVICE HIGHWAYS.
Status: in_force

40-321. Commercial enterprises on prohibited access highways prohibited — Exception — Connecting service highways. No commercial enterprise or activity for serving motor vehicle users, other than emergency services for disabled vehicles and vending machines permitted under the provisions of federal law or federal rule and section 67-5411, Idaho Code, and board right-of-way use permit shall be conducted within or on any property designated as, or acquired for, or in connection with a prohibited access highway, as designated by the Idaho transportation board. However, the board may construct on that property, at locations it deems appropriate, connecting service highways parallel to the prohibited access highways in such manner as to facilitate the establishment and operation of commercial enterprises for serving motor vehicle users on private property abutting those service highways.

History:

[40-321, added 1985, ch. 253, sec. 2, p. 606.]
Idaho Code § 40-2402 — Idaho Code / Title 40 / Chapter 24 / Section 40-2402
40-2402 COUNCIL ORGANIZATION — PERSONNEL.
Status: in_force

40-2402. Council organization — Personnel. (1) The offices of the council shall be maintained in Ada county, and the members shall meet and organize as soon as all appointments have been made, or as provided in section 40-2401, Idaho Code. At the initial meeting, and each year thereafter, the members shall, by a majority vote of the total membership, elect a chairman and a vice chairman.

(2) The council shall meet quarterly for regular business sessions, and at such other times at the call of the chairman, or at the request of any three (3) members.

(3) The council may appoint a local highway administrator and fix his compensation, and the administrator shall hold office at the pleasure of the council. The administrator shall serve as secretary and executive officer of the council and carry out such duties as are delegated by the council. The council may employ other personnel, prescribe duties, and fix compensation.

History:

[40-2402, added 1994, ch. 280, sec. 5, p. 871; am. 2001, ch. 183, sec. 14, p. 624.]
Idaho Code § 40-506 — Idaho Code / Title 40 / Chapter 5 / Section 40-506
40-506 COMPENSATION FOR TAKING CERTAIN PROPERTY.
Status: in_force

40-506. Compensation for taking certain property. (1) The department is authorized to acquire by purchase, gift or condemnation, all advertising displays and any property rights pertaining to them, when those advertising displays are required to be removed under the provisions of chapter 19, title 40, Idaho Code.

(2) In any appropriation for this purpose the department shall pay compensation under existing eminent domain law only for the following:

(a) The taking from the owner of a sign, display, or device of all right, title, leasehold, and interest in the sign, display or device; and

(b) The taking from the owner of the real property on which the sign, display, or device is located, of the right to erect and maintain signs, displays and devices on that property. Where setback easements restricting the erection of structures or advertising displays have been recorded by the state on land where those structures have been erected, the landowner of the land shall be deemed to have been fully compensated for them.

(3) In any action at law instituted by the department under this section the state shall not be required, as a prerequisite, to the taking of or appropriation to comply with section 7-704 2. or section 7-707 7., Idaho Code.

History:

[40-506, added 1985, ch. 253, sec. 2, p. 614; am. 1997, ch. 156, sec. 2, p. 452; am. 2006, ch. 450, sec. 2, p. 1340.]
Idaho Code § 40-2013 — Idaho Code / Title 40 / Chapter 20 / Section 40-2013
40-2013 COSTS AND ATTORNEY'S FEES.
Status: in_force

40-2013. Costs and attorney's fees. Any moving and relocation costs which will accrue as a result of a condemnation undertaken pursuant to chapter 7, title 7, Idaho Code, or pursuant to this chapter, shall be paid by the condemner as required by law. If such costs are not paid by the condemner, the owner of the property shall be awarded attorney's fees and costs incurred to recover the same.

History:

[40-2013, added 2000, ch. 192, sec. 6, p. 476.]
Idaho Code § 40-124 — Idaho Code / Title 40 / Chapter 1 / Section 40-124
40-124 DEFINITIONS — W.
Status: in_force

40-124. definitions — w. "Witness corner" means a monumented point on a lot line or boundary line of a survey, near a corner and established in situations where it is impracticable to occupy or monument the corner.

History:

[40-124, added 2011, ch. 136, sec. 4, p. 385.]
Idaho Code § 40-601 — Idaho Code / Title 40 / Chapter 6 / Section 40-601
40-601 DISTRICTS ESTABLISHED BY COMMISSIONERS.
Status: in_force

40-601. Districts established by commissioners. Whenever the commissioners of any county shall have caused to be described by an order made and entered upon its records any defined portion of contiguous territory, located wholly within the county, for the construction, improvement or repair of highways pursuant to the provisions of law, each defined portion of contiguous territory is recognized as a legal taxing district and body politic of this state and as a highway district for highway purposes.

History:

[40-601, added 1985, ch. 253, sec. 2, p. 615.]
Idaho Code § 40-503 — Idaho Code / Title 40 / Chapter 5 / Section 40-503
40-503 OFFICES — APPOINTMENT — QUALIFICATIONS — COMPENSATION.
Status: in_force

40-503. Offices — Appointment — Qualifications — Compensation. (1) An office of the director of the Idaho transportation department is established, and, pursuant to the provisions of section 59-904, Idaho Code, the governor shall appoint a director having knowledge and experience in transportation matters. The director shall serve at the pleasure of the governor. Notwithstanding any other provision of law to the contrary, a director appointed on or before July 1, 2026, shall be considered for confirmation by the senate at the first regular session of the sixty-ninth Idaho legislature. The director shall not hold any other public office, nor any office in any political committee or organization, and shall devote full time to the performance of his official duties. The director shall receive compensation as the board may determine and shall be reimbursed for all actual and necessary travel and expenses incurred by him in the discharge of his official duties, not to exceed a sum approved by the board. Subject to the approval of the board, the director shall appoint a chief engineer of the department who shall serve at the pleasure of the director and the board, and who shall be exempt from the provisions of chapter 53, title 67, Idaho Code.

(2) An office of the chief engineer of the department is established, and the chief engineer shall be a registered professional engineer, holding a current certificate of registration in accordance with the laws of this state, or who, having those qualifications shall within nine (9) months after his appointment, qualify as a registered professional engineer in accordance with the laws of Idaho. The chief engineer shall also have had five (5) years of actual experience in highway engineering, at least three (3) of which shall have been in an administrative capacity involving the direction of a substantial technical engineering staff. The chief engineer shall not hold any other public office, nor any office in any political committee or organization, and shall devote full time to the performance of his official duties under the control and direction of the director. The chief engineer shall receive compensation and reimbursement for travel and expenses as may be established by the director.

History:

[40-503, added 1985, ch. 253, sec. 2, p. 613; am. 2016, ch. 53, sec. 1, p. 149; am. 2026, ch. 267, sec. 3, p. 1126.]
Idaho Code § 40-803 — Idaho Code / Title 40 / Chapter 8 / Section 40-803
40-803 COLLECTION BY COUNTY OFFICIALS.
Status: in_force

40-803. Collection by county officials. The taxes levied by a highway board shall be extended on the general roll by the county assessor in a separate column at the rate fixed by the highway board and certified by the secretary of the highway board, at the same time the county taxes are extended. The taxes shall be carried into a column of aggregates and shall be collected by the tax collector of the county at the time and in the manner provided by law for collecting county taxes. The tax collector shall have the same powers conferred upon him respecting the collection of highway district taxes and the sale of delinquent property as are conferred respecting the collection of other county taxes.

History:

[40-803, added 1985, ch. 253, sec. 2, p. 628.]
Idaho Code § 40-2003 — Idaho Code / Title 40 / Chapter 20 / Section 40-2003
40-2003 LOCAL RELOCATION ADVISORY ASSISTANCE OFFICES.
Status: in_force

40-2003. Local relocation advisory assistance offices. Any agency may, as a part of the cost of any public program or project, establish a local relocation advisory assistance office or agency to assist in obtaining relocation facilities for individuals, families and businesses which must relocate because of the acquisition of right-of-way for any project.

History:

[40-2003, added 1985, ch. 253, sec. 2, p. 690.]
Idaho Code § 40-1808 — Idaho Code / Title 40 / Chapter 18 / Section 40-1808
40-1808 CONDUCT OF ELECTIONS.
Status: in_force

40-1808. Conduct of elections. (1) The polls in all elections shall be presided over by the judges and clerks appointed by the county clerk.

(2) All elections shall be conducted in accordance with the provisions of title 34, Idaho Code.

History:

[40-1808, added 1985, ch. 253, sec. 2, p. 679; am. 2009, ch. 341, sec. 97, p. 1048.]
Idaho Code § 40-1325 — Idaho Code / Title 40 / Chapter 13 / Section 40-1325
40-1325 ADOPTION OF BUDGET — PUBLIC HEARING.
Status: in_force

40-1325. Adoption of budget — Public hearing. Highway district commissioners shall, prior to certifying a property tax levy to the commissioners and a county assessor, as provided in subsections (1) and (3) of section 63-803, Idaho Code, adopt a budget and cause a public hearing to be held upon the budget.

History:

[40-1325, added 1985, ch. 253, sec. 2, p. 656; am. 2009, ch. 99, sec. 1, p. 309.]
Idaho Code § 40-1306C — Idaho Code / Title 40 / Chapter 13 / Section 40-1306C
40-1306C HIGHWAY DISTRICT RECORDS — OPEN TO THE PUBLIC.
Status: in_force

40-1306C. Highway district records — Open to the public. All records of the highway district are open to the public, except as provided by law. With respect to highway district records, chapter 1, title 74, Idaho Code, provides definitions, procedure for the right to examine, requests for the examination, records exempt from disclosure, copy fees, separation of exempt and nonexempt records, enforcement rights, court orders and penalties.

History:

[40-1306C, added 1999, ch. 332, sec. 5, p. 901; am. 2011, ch. 302, sec. 5, p. 868; am. 2015, ch. 141, sec. 102, p. 452.]
Idaho Code § 40-2009 — Idaho Code / Title 40 / Chapter 20 / Section 40-2009
40-2009 RELOCATION PAYMENTS NOT INCOME.
Status: in_force

40-2009. Relocation payments not income. No payment received under this chapter shall be considered as income for the purposes of the state personal income tax law or state corporation tax law, nor shall the payments be considered as income or resources to any recipient of public assistance and the payments shall not be deducted from the amount of aid to which the recipient would otherwise be entitled under the state public assistance laws, nor shall the payments be considered as income or resources for the purpose of determining the eligibility or the extent of eligibility of any persons for public assistance.

History:

[40-2009, added 1985, ch. 253, sec. 2, p. 693.]
Idaho Code § 40-1809 — Idaho Code / Title 40 / Chapter 18 / Section 40-1809
40-1809 COUNTING VOTES — CANVASS — ORDER OF DISSOLUTION.
Status: in_force

40-1809. Counting votes — Canvass — Order of dissolution. Immediately following the close of the polls at the time specified in the notices of election the votes shall be counted in accordance with the provisions of title 34, Idaho Code. The board of county commissioners shall canvass the returns as provided in chapter 12, title 34, Idaho Code, and in the event a majority of the votes cast in the district are in favor of dissolution, the county commissioners shall immediately make and enter an order declaring the district dissolved.

History:

[40-1809, added 1985, ch. 253, sec. 2, p. 680; am. 2009, ch. 341, sec. 98, p. 1048.]
Idaho Code § 40-2323 — Idaho Code / Title 40 / Chapter 23 / Section 40-2323
40-2323 ABATEMENT OF FLOODING OF HIGHWAYS — RIGHT OF ENTRY — COURT ACTION FOR ABATEMENT.
Status: in_force

40-2323. Abatement of flooding of highways — Right of entry — Court action for abatement. (1) If the owner or occupant of land lying adjacent to or near any highway laid out or constructed, or any other person, shall maintain or cause to be maintained, or allow any dam, dike, or levee across any swale, hollow, or natural water drain or channel, either inside or outside any fence or other enclosure which may enclose the land, and shall thereby cause water to back upon, overflow or accumulate upon the highway, the director of highways of the county or district, or other official having direct supervision of the maintenance of the highway, or any other agent appointed by the respective commissioners, may go upon the premises and at the expense of the county or district install culverts and drains as may be necessary, and in a manner as to cause water to drain from the highway to be carried down its natural channel to some point where it may be disposed of without damage to the highway and adjoining landowners.

(2) Whenever it is necessary or convenient to do so, in carrying out the provisions of subsection (1) above, the respective commissioners who have by law the general supervision and control of the highway, are empowered to go upon and work upon the lands and premises where the dams, dikes and levees are situated.

(3) If it is denied that the dam, dike or levee causes water to back up, overflow or accumulate on the highway, or if the owner or occupant of the land, or person causing the dam, dike or levee to be maintained, refuses either to install suitable culverts or drains or does not allow the director of highways or other official having immediate supervision of the maintenance of the highway to do so, then the officer shall report the facts to the appropriate commissioners and they shall commence an action in the proper court to procure culverts or drains to be installed or the dam, dike, or levee abated as a nuisance. If the respective commissioners recover judgment, they may, in addition to having culverts installed or the dam, dike or levee abated as a nuisance, recover fifty dollars ($50.00) for every day the culverts remained uninstalled after the date of rendition of judgment in the action, and may also recover the costs of the action, and in an appropriate action, may also recover the cost and expenses of the installation of culverts or drains and the costs of suit.

History:

[40-2323, added 1985, ch. 253, sec. 2, p. 699.]
Idaho Code § 40-609 — Idaho Code / Title 40 / Chapter 6 / Section 40-609
40-609 CONTRACTS TO USE DAMS AS HIGHWAYS.
Status: in_force

40-609. Contracts to use dams as highways. Commissioners are empowered to make contracts in a form and under conditions deemed proper with the persons or corporations owning or proposing to construct any dam across any river in the state, providing for the use of the dam either in whole or in part, or in a general or limited way as may be agreed upon for a public highway. If the dam and proposed highway is in more than one (1) county, the agreement shall be executed by the commissioners of each county. Contracts for the use as a public highway of any dam to be constructed may be executed prior to construction, and shall, subject to the terms of the contract, be public highways.

History:

[40-609, added 1985, ch. 253, sec. 2, p. 618.]
Idaho Code § 40-1806 — Idaho Code / Title 40 / Chapter 18 / Section 40-1806
40-1806 ELECTION OFFICERS — NOTICE OF ELECTION.
Status: in_force

40-1806. Election officers — Notice of election. The county clerk shall appoint judges for the election, to be chosen from the electors of the district and the county commissioners shall by order establish polling places. The county clerk shall publish notice of the election in accordance with the provisions of section 34-1406, Idaho Code. The notice shall state the purpose of the election and the polling places.

History:

[40-1806, added 1985, ch. 253, sec. 2, p. 679; am. 2009, ch. 341, sec. 96, p. 1047.]
Idaho Code § 40-1301 — Idaho Code / Title 40 / Chapter 13 / Section 40-1301
40-1301 DISTRICTS AS NOW ORGANIZED VALIDATED.
Status: in_force

40-1301. Districts as now organized validated. All highway districts as now organized and constituted are hereby validated and shall continue as public corporations.

History:

[40-1301, added 1985, ch. 253, sec. 2, p. 647; am. 1999, ch. 332, sec. 1, p. 895.]
Idaho Code § 40-101 — Idaho Code / Title 40 / Chapter 1 / Section 40-101
40-101 DEFINITIONS.
Status: in_force

40-101. Definitions. Words and phrases as used in this title are defined in sections 40-102 through 40-127, Idaho Code.

History:

[40-101, added 1985, ch. 253, sec. 2, p. 587.]
Idaho Code § 40-414 — Idaho Code / Title 40 / Chapter 4 / Section 40-414
40-414 REFUNDING BONDS.
Status: in_force

40-414. Refunding bonds. The board is hereby authorized to provide by resolution for the issuance of refunding bonds of the board for the purpose of refunding any bonds then outstanding which shall have been issued, including the payment of any redemption premium and any interest accrued or to accrue to the date of redemption of the bonds, and, if deemed advisable by the board, for the additional purpose of constructing improvements, extensions, or enlargements of the turnpike project in connection with which the bonds to be refunded shall have been issued. The board is further authorized to provide by resolution for the issuance of its bonds for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of section 40-412, Idaho Code, including the payment of any redemption premium and any interest accrued or to accrue to the date of redemption of the bonds. The issuance of the bonds, the maturities and other details of them, the rights of the holders, and the rights, duties, and obligations of the board in respect of the bonds shall be governed by the provisions of this chapter insofar as they may be applicable.

History:

[40-414, added 1985, ch. 253, sec. 2, p. 612.]
Idaho Code § 40-2305 — Idaho Code / Title 40 / Chapter 23 / Section 40-2305
40-2305 PERSONAL DELIVERY DEVICES.
Status: in_force

40-2305. Personal delivery devices. (1) Notwithstanding any provision of law to the contrary, a personal delivery device as defined in section 49-117, Idaho Code, is authorized to operate on sidewalks, crosswalks, and the sides or berms of highways; provided, however, that this section does not restrict a county, municipality, or highway district from otherwise adopting regulations for the safe operation of personal delivery devices consistent with this section.

(2) All personal delivery devices shall obey all traffic and pedestrian control devices and signs.

(3) A personal delivery device operating on sidewalks and crosswalks has all the rights and duties applicable to a pedestrian under the same circumstances, except that the personal delivery device shall not unreasonably interfere with pedestrians or traffic and shall yield the right-of-way to pedestrians on sidewalks and crosswalks.

(4) All personal delivery devices shall include a plate or marker that identifies the name and contact information of the operator of the personal delivery device and a unique identifying device number.

(5) All personal delivery devices shall be equipped with a braking system that, when active or engaged, enables the personal delivery device to come to a controlled stop.

(6) No personal delivery device shall transport hazardous materials or hazardous wastes that are regulated pursuant to the hazardous materials transportation act, 49 U.S.C. 5101-5128, and require placarding pursuant to subpart F of 49 CFR 172.

(7) No personal delivery device shall be operated on a public highway in the state, except on the side or berm of the road or to the extent necessary to cross a crosswalk.

(8) No personal delivery device shall operate on a sidewalk or crosswalk unless the personal delivery device operator is controlling or monitoring the navigation and operation of the personal delivery device.

History:

[40-2305, added 2017, ch. 147, sec. 4, p. 364; am. 2022, ch. 98, sec. 1, p. 340.]
Idaho Code § 40-1625 — Idaho Code / Title 40 / Chapter 16 / Section 40-1625
40-1625 ELECTION DATE WHERE TERRITORY LIES IN MORE THAN ONE COUNTY.
Status: in_force

ANNEXATION

40-1625. Election date where territory lies in more than one county. Where territory to be annexed lies in more than one (1) county the election shall be held on the same day as it is mutually determined by agreement between the commissioners of both counties concerned on a date authorized in section 34-106, Idaho Code.

History:

[40-1625, added 1985, ch. 253, sec. 2, p. 672; am. 2009, ch. 341, sec. 90, p. 1045.]
Idaho Code § 40-1610 — Idaho Code / Title 40 / Chapter 16 / Section 40-1610
40-1610 DETACHED TERRITORY SUBJECT TO COUNTY LEVIES.
Status: in_force

DETACHMENT

40-1610. Detached territory subject to county levies. After the detachment of any territory from a highway district the property within the detached portion shall be subject to taxation by the county for highway and other purposes to the same extent precisely as if it had never been included in the highway district.

History:

[40-1610, added 1985, ch. 253, sec. 2, p. 670.]
Idaho Code § 40-402 — Idaho Code / Title 40 / Chapter 4 / Section 40-402
40-402 IDENTIFICATION OF TURNPIKE PROJECTS.
Status: in_force

40-402. Identification of turnpike projects. Each specific turnpike project shall be clearly identified by an appropriate descriptive name and shall be operated as a separate enterprise. When a turnpike project is proposed by the board, it shall provide all surveys necessary to establish its economic feasibility, including the origin and destination counts, engineering surveys and other reports which may be required in order to secure adequate financing.

History:

[40-402, added 1985, ch. 253, sec. 2, p. 606.]
Idaho Code § 40-502 — Idaho Code / Title 40 / Chapter 5 / Section 40-502
40-502 MAINTENANCE OF STATE HIGHWAYS.
Status: in_force

40-502. Maintenance of state highways. All state highways shall be maintained by the department at state expense, including sections of state highways located within local highway jurisdictions, except that in local highway jurisdictions where state highway sections are built to local highway jurisdictions standards, such as with curbs, sidewalks and areas available for parking and bus stops, the department shall maintain at state expense only the width of traveled way required for the movement of through highway traffic. The width of traveled way to be maintained at state expense shall not exceed the width of the traveled way of the state highways approaching the incorporated areas.

History:

[40-502, added 1985, ch. 253, sec. 2, p. 613; am. 1998, ch. 258, sec. 2, p. 861.]
Idaho Code § 40-1616 — Idaho Code / Title 40 / Chapter 16 / Section 40-1616
40-1616 REQUIRED EXHIBITS IN CONNECTION WITH PETITION.
Status: in_force

ANNEXATION

40-1616. Required exhibits in connection with petition. The petition, accompanied by a map and also by a certified copy of a resolution of the highway commissioners of the highway district approving and consenting to the inclusion and annexation shall be filed with the clerk of the commissioners.

History:

[40-1616, added 1985, ch. 253, sec. 2, p. 671.]
Idaho Code § 40-412 — Idaho Code / Title 40 / Chapter 4 / Section 40-412
40-412 BONDS OF BOARD AS TURNPIKE AUTHORITY.
Status: in_force

40-412. Bonds of board as turnpike authority. (1) The board is authorized to provide by resolution for the issuance of bonds of the board for any of its corporate purposes, including the refunding of its bonds. The principal of and the interest on any issue of bonds shall be payable solely from and may be secured by a pledge of tolls and other revenues of all or any part of the turnpike project financed in whole or in part with the proceeds of the issue or with the proceeds of bonds refunded or to be refunded by the issue. The proceeds of the bonds may be used or pledged for the payment or security of the principal of or interest on bonds and for the establishment of any or all reserves for payment or security, or for other corporate purposes as the board may authorize in the resolution authorizing the issuance of bonds or in a trust agreement securing them. The bonds of each issue shall be dated, shall bear interest at a rate, shall mature at a time not exceeding thirty (30) years from their date, as may be determined by the board and may be made redeemable before maturity, at the option of the board, at a price and under terms and conditions as may be fixed by the board prior to the issuance of the bonds. The board shall determine the form of the bonds including any interest coupons to be attached, and shall fix the denomination of the bonds and the place of payment of principal and interest, which may be at any bank or trust company within or without the state. The bonds shall be signed by the chairman of the board or shall bear his facsimile signature, and the official seal of the board or a facsimile shall be impressed, imprinted, engraved or otherwise reproduced on them. The official seal or facsimile shall be attested by the secretary of the board or by other officer or agent as the board shall appoint and authorize. Any coupons attached to the bonds shall bear the facsimile signature of the chairman of the board. In the event any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be an officer before the delivery of the bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery. Bonds issued shall have and are declared to have all the qualifications and incidents of negotiable instruments. Bonds may be issued in coupon or in registered form, or both, as the board may determine, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, and for the reconversion into coupon bonds of any bonds registered as to both principal and interest. The board may sell bonds in a manner and for a price, as it may determine to be for the best interest of the board. Neither the members of the board nor any person executing the bonds shall be personally liable on the bonds or be accountable by reason of the issuance of them.

(2) Proceeds of the bonds of each issue shall be disbursed in a manner and under restrictions, if any, as the board may provide in the resolution authorizing the issuance of the bonds or in a trust agreement securing them.

(3) Prior to the preparation of definitive bonds, the board may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when those bonds shall have been executed and are available for delivery. The board may also provide for the replacement of any bonds which shall become mutilated or shall be destroyed or lost. Bonds may be issued without obtaining consent of any department, division, bureau, commission, board or agency of the state, and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required.

(4) The state does agree with holders of bonds that the state will not limit or restrict rights hereby vested in the board to establish and collect charges and tolls as may be convenient or necessary to produce sufficient revenue to meet the expenses of maintenance and operation of a turnpike project and to fulfill the terms of any agreements made with holders of bonds, or in any way impair the rights or remedies or holders of bonds until the bonds, together with interest are fully paid and discharged.

History:

[40-412, added 1985, ch. 253, sec. 2, p. 610.]
Idaho Code § 40-1333 — Idaho Code / Title 40 / Chapter 13 / Section 40-1333
40-1333 CITIES — HIGHWAY RESPONSIBILITY.
Status: in_force

40-1333. Cities — Highway responsibility. Cities, with city highway systems, shall be responsible for the construction, reconstruction and maintenance of highways in their respective city systems, except as provided in section 40-607, Idaho Code. Cities may make agreements with a county, highway district or the state for their highway work, or a portion of it, but they shall compensate the county, district or state fairly for any work performed.

History:

[40-1333, added 1985, ch. 253, sec. 2, p. 657; am. 1999, ch. 332, sec. 15, p. 906.]
Idaho Code § 40-1926 — Idaho Code / Title 40 / Chapter 19 / Section 40-1926
40-1926 VIOLATIONS AS PUBLIC NUISANCES — INJUNCTIONS — VENUE.
Status: in_force

40-1926. Violations as public nuisances — Injunctions — Venue. All violations of this chapter are hereby declared to be public nuisances. The board may apply to the district court of the county in which the unlawful junkyard or dump is located for an injunction prohibiting further operation of any junkyard or dump in violation of this chapter.

History:

[40-1926, added 1985, ch. 253, sec. 2, p. 689.]
Idaho Code § 40-2007 — Idaho Code / Title 40 / Chapter 20 / Section 40-2007
40-2007 COMPENSATION FOR MISCELLANEOUS EXPENSES.
Status: in_force

40-2007. Compensation for miscellaneous expenses. In addition to amounts authorized by this chapter, any agency as a part of the cost of any public program or project, shall reimburse the owner of real property acquired for a project for reasonable and necessary expenses incurred for:

(1) Recording fees, transfer taxes, and similar expenses incidental to conveying the property;

(2) Penalty costs for prepayment of any mortgage entered into in good faith encumbering the real property if the mortgage is on record or has been filed for record under applicable state law on the date of final approval by the agency of the location of the project; and

(3) The pro rata share or portion of ad valorem taxes paid which are allocable to a period subsequent to the date of vesting of title in the state or the effective date of possession of the real property by the agency, whichever is earlier.

History:

[40-2007, added 1985, ch. 253, sec. 2, p. 692; am. 2000, ch. 192, sec. 5, p. 476.]
Idaho Code § 40-2011 — Idaho Code / Title 40 / Chapter 20 / Section 40-2011
40-2011 EMINENT DOMAIN DAMAGES UNAFFECTED.
Status: in_force

40-2011. Eminent domain damages unaffected. Nothing contained in this chapter shall be construed as creating, in any condemnation proceedings brought under the power of eminent domain, any element of damages not in existence under the laws of the state of Idaho on July 1, 1985.

History:

[40-2011, added 1985, ch. 253, sec. 2, p. 693.]
Idaho Code § 40-2301 — Idaho Code / Title 40 / Chapter 23 / Section 40-2301
40-2301 RIGHT OF ENTRY TO MAKE SURVEYS.
Status: in_force

40-2301. Right of entry to make surveys. Agents and employees of the board, county commissioners and highway district commissioners shall have the right to enter upon any land to make surveys for any of the purposes of this title in the manner provided by law. Agents and employees of the board, county commissioners and highway district commissioners who are licensed as, or under the direction of, professional land surveyors shall have the right to enter upon any land to set right-of-way monuments for the purposes of this title in the manner provided by law.

History:

[40-2301, added 1985, ch. 253, sec. 2, p. 693; am. 1994, ch. 364, sec. 3, p. 1141.]
Idaho Code § 40-1607 — Idaho Code / Title 40 / Chapter 16 / Section 40-1607
40-1607 ELECTION PROCEDURE.
Status: in_force

DETACHMENT

40-1607. Election procedure. The qualifications of voters at the elections, the conduct of elections, the counting of the votes, the return of the ballots, and the payment of expenses of the election shall be as prescribed in title 34, Idaho Code.

History:

[40-1607, added 1985, ch. 253, sec. 2, p. 669; am. 2009, ch. 341, sec. 88, p. 1045.]
Idaho Code § 40-2207 — Idaho Code / Title 40 / Chapter 22 / Section 40-2207
40-2207 FIRST COMMISSIONERS OF NEW HIGHWAY DISTRICT.
Status: in_force

40-2207. First commissioners of new highway district. The existing highway district commissioners shall appoint a qualified elector to serve as a highway district commissioner for each of the subdistricts of the new highway district. The commissioners shall provide each of the commissioners appointed to the new highway district with a certificate of appointment. Each appointed highway district commissioner shall take and subscribe the official oath, which oath shall be filed in the office of the newly organized highway district commissioners. The first commissioners shall serve until the next highway district election as specified in section 40-1305, Idaho Code.

History:

[(40-2207) 40-2107, added 1994, ch. 331, sec. 1, p. 1062; am. and redesig. 2005, ch. 25, sec. 88, p. 119.]
Idaho Code § 40-903 — Idaho Code / Title 40 / Chapter 9 / Section 40-903
40-903 COUNTY, CITY OR HIGHWAY DISTRICT BID PROHIBITED.
Status: in_force

40-903. County, city or highway district bid prohibited. No county, city or highway district shall bid on any state highway system construction project which is let by competitive bid by the Idaho transportation board; provided, however, the provisions of this section shall not prohibit the Idaho transportation board, a county, a city or a highway district from entering into agreements with one another for joint or cooperative action pursuant to the provisions of chapter 3, title 40, or chapter 23, title 67, Idaho Code.

History:

[40-903, added 1987, ch. 303, sec. 2, p. 644.]
Idaho Code § 40-807 — Idaho Code / Title 40 / Chapter 8 / Section 40-807
40-807 JOINT LOCAL HIGHWAY JURISDICTION BRIDGES — ADDITIONAL TAX LEVY.
Status: in_force

40-807. Joint local highway jurisdiction bridges — Additional tax levy. (1) Any two (2) or more local highway jurisdictions in the state are empowered to join in the construction, maintenance and repair of bridges at places where the bridges will directly benefit each of the local highway jurisdictions, and contract for the cost of construction, maintenance or repair of the bridge that each local highway jurisdiction is to bear.

(2) For the purpose of defraying the costs and expenses incurred under the provisions of this section, the commissioners of the respective local highway jurisdictions are empowered to levy upon all taxable property of each local highway jurisdiction, in addition to all other taxes, an annual tax not exceeding twenty-four ten thousandths percent (0.0024%) of the market value for assessment purposes of the property. The entire proceeds of the levy shall be used solely for the purposes of this section.

History:

[40-807, added 1985, ch. 253, sec. 2, p. 629; am. 1998, ch. 154, sec. 2, p. 529.]
Idaho Code § 40-805 — Idaho Code / Title 40 / Chapter 8 / Section 40-805
40-805 PAYMENT OF MONEY TO DISTRICT.
Status: in_force

40-805. Payment of money to district. It is the duty of the tax collector of the county to pay over to the treasurer of the highway district all district tax moneys collected by him and payable to the district as soon as they are collected, and on or before the third Monday in July in each year make a final settlement with the district treasurer respecting the district taxes and pay over all moneys then due to the district, including all the district's proportionate amount of delinquent district taxes, interest and costs on all tax sales and redemptions from them. The treasurer of the district shall give to the tax collector of the county duplicate receipts for the payments, and the tax collector shall give one to the secretary of the district and the other shall be an acquittance to the county tax collector in settling with the highway district, to the extent of the payment shown.

History:

[40-805, added 1985, ch. 253, sec. 2, p. 629.]
Idaho Code § 40-206 — Idaho Code / Title 40 / Chapter 2 / Section 40-206
40-206 PUBLICATION OF NOTICES.
Status: in_force

40-206. Publication of notices. Whenever publication of a notice by a county highway system or highway district is required for an override or bond election, or a hearing, it shall appear in a newspaper printed and published within the district or county, or in some newspaper of general circulation in the county or district, and the notice shall be published as follows:

(1) The publication of notice for an override or bond election shall be published as provided for in section 34-1406, Idaho Code.

(2) The publication of notice for a hearing shall be published at least one (1) time in a weekly newspaper or at least two (2) consecutive times in a daily newspaper and remain the responsibility of the political subdivision proposing such hearing. The last notice shall be published not less than five (5) days prior to the hearing, except as otherwise specifically provided in this title.

History:

[40-206, added 1989, ch. 349, sec. 2, p. 876; am. 1994, ch. 123, sec. 1, p. 275; am. 2009, ch. 341, sec. 71, p. 1038.]
Idaho Code § 40-513A — Idaho Code / Title 40 / Chapter 5 / Section 40-513A
40-513A DESIGNATION OF THE I.B. PERRINE BRIDGE.
Status: in_force

40-513A. Designation of the I.B. perrine bridge. The bridge spanning the Snake River Canyon on U.S. Highway 93 south of Interstate Highway 84 near the city of Twin Falls, Idaho, shall be designated as the "I.B. Perrine Bridge" to honor I.B. Perrine for his part as founder and father of the Twin Falls area. His dream for agriculture and his efforts to bring water to the valley set in motion the development we see today. The transportation department shall erect suitable signs so designating the bridge as the "I.B. Perrine Bridge."

History:

[40-513A, added 2000, ch. 197, sec. 1, p. 489.]