reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 3 - IDAHO TRANSPORTATION BOARD › Section 40-311 - POWERS AND DUTIES — PROPERTY.

40-311. POWERS AND DUTIES — PROPERTY. The board shall:
(1) Purchase, exchange, condemn or otherwise acquire, any real property, either in fee or in any lesser estate or interest, rights-of-way, easements and other rights and rights of direct access from the property abutting highways with controlled access, deemed necessary by the board for present or future state highway purposes. The order of the board that the land sought is necessary for such use shall be prima facie evidence of that fact.
(2) Cooperate with and receive donations and aid from private sources in the form of improvements to state owned property.
(3) Purchase, lease or otherwise acquire and develop lands for the purpose of securing highway making materials, and purchase, lease or otherwise acquire mill and factory sites and construct, equip and operate mills and factories for the reduction and manufacture of highway making materials.
(4) Sell, exchange, or otherwise dispose of and convey, in accordance with law, any real property, other than public lands which by the constitution and laws of the state of Idaho are placed under the jurisdiction of the state land board, or parts of them, together with appurtenances. When in the opinion of the board the real property and/or appurtenances are no longer needed for state highway purposes, dispose of any surplus materials and by-products from the real property and appurtenances.
(5) Make a lump sum payment with funds available for acquisition, when irrigable lands served or to be served by an irrigation works and system of an organization, whether incorporated or unincorporated, existing for the purpose of furnishing water for irrigation, are acquired by the board. The cost and expense of the acquisition of those lands for highway purposes shall be in an amount sufficient to pay the pro rata share of the organization’s indebtedness, if any, including the organization’s indebtedness to the United States or any public or private lending agency, allocable to the lands acquired by the board, together with interest on the pro rata share of the indebtedness in the event the indebtedness shall not be callable in advance of maturity. If the lands acquired by the board and the construction of a highway on those lands shall intersect the irrigation works and system of the organization, then a further sum shall be paid the organization sufficient for the value of the property acquired by the board, and the severance damage to the irrigation works and system, including the damage resulting from the interference and impairment of the operation of the works and system.
History:
[40-311, added 1985, ch. 253, sec. 2, p. 601.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 3 - IDAHO TRANSPORTATION BOARD › Section 40-313 - POWERS AND DUTIES — BEAUTIFICATION AND INFORMATION.

40-313. POWERS AND DUTIES — BEAUTIFICATION AND INFORMATION. The board shall:
(1) Furnish, erect and maintain, whenever necessary for public safety and convenience, suitable signs, markers, signals and other devices to control, guide and warn pedestrians and vehicular traffic entering or traveling upon the state highway system.
(2) Forbid, restrict or limit the erection of unauthorized signs, billboards or structures on the right-of-way of any state highway, and remove therefrom and destroy any unauthorized signs existing on them.
(3) Acquire, maintain and improve areas adjacent to highways on the state highway system for the restoration, preservation, and enhancement of scenic beauty, for use as informational sites, and for rest and recreation of the traveling public. The areas shall be parallel to and contiguous with the highway and shall not exceed a width of one thousand (1,000) feet from the adjacent right-of-way line. The board may acquire these areas in fee, easement, or other interest as may be determined by the board to be reasonably necessary to accomplish the purposes of chapter 15, title 40, Idaho Code. Such acquisition is declared to be for a highway use, and may be by gift, purchase, exchange or eminent domain, and if the latter be necessary, it shall be carried out in the same manner as now provided by law for acquisition of right-of-way for state highways.
(4) Screen, if feasible, any junkyard lawfully in existence on March 20, 1967, which are within one thousand (1,000) feet of the nearest edge of the right-of-way and visible from the main traveled way of any highway on the interstate or primary system and not located within an industrial area, zoned or unzoned. The responsibility of the board for screening junkyards is limited to the size of the junkyards and height of storage existing as of March 20, 1967. Any screening, after March 20, 1967, required by an increase in the size of the junkyard or the height of the storage in it shall be the responsibility of the owner and will be done at his expense. The board is authorized to acquire by purchase, gift or the power of eminent domain the lands or interest in lands as may be necessary to provide adequate screening of junkyards, but eminent domain proceedings may not be undertaken to obtain adjacent lands unless they are owned by the owner of the junkyard or the lands of the junkyard are inadequate for this purpose. When the board determines that the topography of the land will not permit adequate screening of junkyards within one thousand (1,000) feet of the nearest edge of the right-of-way of the highway on the interstate or primary system or the screening of the junkyards would not be economically feasible, the board must acquire by gift, purchase or the power of eminent domain, any interests necessary to secure the removal or disposal of the junkyard.
History:
[40-313, added 1985, ch. 253, sec. 2, p. 603.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 3 - IDAHO TRANSPORTATION BOARD › Section 40-314 - POWERS AND DUTIES — DEPARTMENTAL.

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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 3 - IDAHO TRANSPORTATION BOARD › Section 40-316 - POWERS AND DUTIES — REPORTS.

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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 3 - IDAHO TRANSPORTATION BOARD › Section 40-318 - LIMITATION OF POLITICAL ACTIVITY.

40-318. LIMITATION OF POLITICAL ACTIVITY. (1) No officer or employee of the department or board shall:
(a) Use his official authority or influence for the purpose of interfering with an election to or a nomination for office, or affecting the result thereof;
(b) Directly or indirectly coerce, attempt to coerce, command, or direct any other such officer or employee to pay, lend, or contribute any part of his salary or compensation or anything else of value to any party, committee, organization, agency, or person for political purposes; or
(c) Be a candidate and hold elective office in any partisan election.
(2) All such officers and employees shall retain the right to:
(a) Register and vote in any election;
(b) Express an opinion as an individual privately and publicly on political subjects and candidates;
(c) Display a political picture, sticker, badge, or button;
(d) Participate in the nonpartisan activities of a civic, community, social, labor, or professional organization, or of a similar organization;
(e) Be a member of a political party or other political organization and participate in its activities;
(f) Attend a political convention, rally, fund-raising function, or other political gathering;
(g) Sign a political petition as an individual;
(h) Make a financial contribution to a political party or organization;
(i) Take an active part in support of a candidate in an election;
(j) Be politically active in connection with a question which is not specifically identified with a political party, such as a constitutional amendment, referendum, approval of a municipal ordinance or any other question or issue of a similar character;
(k) Serve as an election judge or clerk, or in a similar position to perform nonpartisan duties as prescribed by state or local law;
(l) Be a candidate and hold elective office in any nonpartisan election;
(m) Take an active part in political organization management; and
(n) Otherwise participate fully in public affairs, except as prohibited by law, in a manner which does not materially compromise the neutrality, efficiency, or integrity of the officer’s or employee’s administration of state functions.
History:
[40-318, added 1990, ch. 356, sec. 2, p. 964.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 3 - IDAHO TRANSPORTATION BOARD › Section 40-319 - GOOD FAITH OF STATE PLEDGED TO APPROPRIATION.

40-319. GOOD FAITH OF STATE PLEDGED TO APPROPRIATION. For the construction and maintenance of highways as may be eligible for federal aid funds, excepting turnpike projects, the good faith of the state is pledged to make available funds which combined with funds made available by counties, highway districts and cities sufficient to match funds made available to the state of Idaho by the United States government for highway purposes and for the purpose of evidencing good faith, the board in the name of the state, is authorized to enter into any and all agreements with the United States government under rules and regulations approved by the United States government or any of its agencies.
History:
[40-319, added 1985, ch. 253, sec. 2, p. 605.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 3 - IDAHO TRANSPORTATION BOARD › Section 40-320 - STATE HIGHWAY CONSTRUCTION AND RIGHT-OF-WAY COSTS BORNE BY STATE — EXCEPTIONS.

40-320. STATE HIGHWAY CONSTRUCTION AND RIGHT-OF-WAY COSTS BORNE BY STATE — EXCEPTIONS. All costs of constructing, reconstructing and acquiring rights-of-way for highways in the state highway system shall be borne by the state. However, when a county or incorporated city in which a state highway is located, or is to be located, desires a higher standard of construction or reconstruction than is planned, the county or city may, with the approval of the board, pay the additional cost.
History:
[40-320, added 1985, ch. 253, sec. 2, p. 606.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 3 - IDAHO TRANSPORTATION BOARD › Section 40-321 - COMMERCIAL ENTERPRISES ON PROHIBITED ACCESS HIGHWAYS PROHIBITED — EXCEPTION — CONNECTING SERVICE HIGHWAYS.

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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 4 - IDAHO TURNPIKE AUTHORITY › Section 40-401 - TURNPIKE PROJECTS.

40-401. TURNPIKE PROJECTS. The board is empowered to construct, maintain, repair and operate turnpike projects at locations established by it, and shall be an instrumentality exercising public and essential governmental functions in the construction, operation and maintenance of turnpike projects.
History:
[40-401, added 1985, ch. 253, sec. 2, p. 606.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 4 - IDAHO TURNPIKE AUTHORITY › Section 40-402 - IDENTIFICATION OF TURNPIKE PROJECTS.

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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 4 - IDAHO TURNPIKE AUTHORITY › Section 40-403 - INCIDENTAL POWERS — GRADE SEPARATIONS — RELOCATION OF PUBLIC HIGHWAYS — RIGHT OF ENTRY.

40-403. INCIDENTAL POWERS — GRADE SEPARATIONS — RELOCATION OF PUBLIC HIGHWAYS — RIGHT OF ENTRY. (1) The board shall have power to construct grade separations at intersections of any turnpike project with public highways and to change and adjust the lines and grades of those highways in order to accommodate them to the design of the grade separation. The cost of the grade separations and any damage incurred in changing and adjusting lines and grades of highways shall be ascertained and paid by the board as a part of the cost of the turnpike project.
(2) If the board shall find it necessary to change the location of any portion of any public highway, it shall cause it to be reconstructed at a location as the highway board having jurisdiction over the highway to be reconstructed shall deem most favorable and of substantially the same type and in as good condition as the original highway. The cost of reconstruction and any damage incurred in changing the location of any highway shall be ascertained and paid by the board as a part of the cost of the turnpike project.
(3) Any highway affected by the construction of any turnpike project may be changed or relocated by the board in the manner provided by law for the vacation or relocation of public highways, and any damage awarded shall be paid by the board as a part of the cost of the project.
(4) The board and its authorized agents and employees may enter upon any lands, waters and premises in the state for the purposes of making surveys, soundings, drillings and examinations as it may deem necessary or convenient for the purposes of a turnpike project, and such an entry shall not be deemed a trespass, nor shall an entry for those purposes be deemed an entry under any condemnation proceedings which may be then pending. The board shall make reimbursement for any actual damages resulting to the lands, water, and premises as a result of those activities.
History:
[40-403, added 1985, ch. 253, sec. 2, p. 606.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 4 - IDAHO TURNPIKE AUTHORITY › Section 40-404 - FEEDER HIGHWAYS.

40-404. FEEDER HIGHWAYS. (1) The board is authorized to:
(a) Construct, repair and maintain any feeder highway which in the opinion of the board will increase the use of a turnpike project to which the highway is a feeder;
(b) Assume maintenance and repair operations of an existing highway which is needed as a feeder highway. Before exercising these powers, consent of local authority exercising jurisdiction over the existing highway must be obtained; and
(c) Realign an existing highway and build additional sections of highway over new alignment in connection with the existing highway.
(2) Where a feeder highway is constructed over new alignment, the board is granted the same powers concerning construction as is granted in connection with the construction of the turnpike project. Any feeder highway, eighty per cent (80%) or more of which is built over new alignment, shall for the purposes of this section be deemed to be a new feeder highway.
(3) Where the board has constructed a new feeder highway, it shall have the obligation to maintain and repair the new feeder highway.
(4) No toll shall be charged for transit between points on any feeder or new feeder highway.
History:
[40-404, added 1985, ch. 253, sec. 2, p. 607.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 4 - IDAHO TURNPIKE AUTHORITY › Section 40-405 - TOLLS, FIXING AND COLLECTING.

40-405. TOLLS, FIXING AND COLLECTING. (1) The board is authorized to fix, revise, charge and collect tolls for the use of each turnpike project and the different parts or sections of the project, and to contract with any person, partnership, association or corporations desiring the use of any part of the project, including the right-of-way adjoining the paved portion, for the placement of telephone, telegraph, electric light or power lines, gas stations, garages, stores, hotels, and restaurants, or for any other purpose except for tracks for railroad or for railway use, and to fix the terms, conditions, rents and rates of charge for that use.
(2) The board shall construct any gasoline service facilities which it may determine are needed on the project, and to afford users of the project a reasonable choice of motor fuels of different brands. Each gasoline service station shall be separately offered for lease upon sealed bids. Notice of the offer shall be published once a week in three (3) successive weeks in a newspaper having general circulation in the state. If acceptable bids are received, in the judgment of the board, each lease shall be awarded to the highest and best bidder, but no person shall be awarded or have the use of, nor shall motor fuel identified by trade marks, trade names or brands of any one (1) supplier, distributor or retailer of such fuel be sold at more than one (1) service station if they would constitute more than twenty-five per cent (25%) of the service stations on the entire project.
(3) No contract shall be required and no rent, fee or other charge of any kind shall be imposed for the use and occupation of any turnpike project for the installation, construction, use, operation, maintenance, repair, renewal, relocation or removal of tracks, pipes, mains, conduits, cables, wires, towers, poles or other equipment or appliances in, on, along, over or under any turnpike project by any public utility, person or corporation paying a tax for the privilege of using the public highways or other public places in the state.
(4) Tolls shall be so fixed and adjusted as to carry out and perform the terms and provisions of any contract with or for the benefit of bondholders. Tolls shall not be subject to supervision or regulation by any other department, division, bureau, commission, board, or agency of the state. The use and disposition of tolls and revenues shall be subject to the provisions of a resolution by the board in authorizing the issuance of bonds or of a trust agreement securing them.
History:
[40-405, added 1985, ch. 253, sec. 2, p. 607.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 4 - IDAHO TURNPIKE AUTHORITY › Section 40-406 - TRUST FUNDS.

40-406. TRUST FUNDS. All moneys received relating to turnpike projects, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely for turnpike projects. A resolution authorizing bonds of any issue or a trust agreement securing bonds shall provide that any officer with whom, or any bank or trust company with which, the moneys shall be deposited shall act as trustee of the money and shall hold and apply it for the purposes of the turnpike project, subject to the resolution or as a trust agreement may provide.
History:
[40-406, added 1985, ch. 253, sec. 2, p. 608.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 4 - IDAHO TURNPIKE AUTHORITY › Section 40-407 - REMEDY.

40-407. REMEDY. The only remedy available to any holder of bonds, or any of the coupons appertaining to them, and the trustee under any trust agreement, except to the extent the rights given may be restricted by a trust agreement, shall be to the particular turnpike project account and not against the state or any of its political subdivisions. A statement to this effect shall be printed on the face of all turnpike revenue bonds and any attached coupons.
History:
[40-407, added 1985, ch. 253, sec. 2, p. 608.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 4 - IDAHO TURNPIKE AUTHORITY › Section 40-408 - TAX EXEMPTION — TURNPIKE PROJECTS.

40-408. TAX EXEMPTION — TURNPIKE PROJECTS. The exercise of powers for turnpike projects shall be in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, and the improvement of turnpike projects by the board shall constitute the performance of essential governmental functions. The board shall not be required to pay any taxes or assessments upon any turnpike project or any property acquired or used by it relating to turnpike projects or upon the income from them, and any turnpike project and any property acquired or used by the board, and the income from them, and the bonds issued, their transfer and the income from them, including any profit made on the sale of them, shall be exempt from all taxation.
History:
[40-408, added 1985, ch. 253, sec. 2, p. 609.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 4 - IDAHO TURNPIKE AUTHORITY › Section 40-409 - REAL PROPERTY GRANTS AUTHORIZED — ANNUAL REPORT — INTEREST IN CONTRACT PENALIZED.

40-409. REAL PROPERTY GRANTS AUTHORIZED — ANNUAL REPORT — INTEREST IN CONTRACT PENALIZED. (1) Each turnpike project when constructed and opened to traffic shall be maintained and kept in good condition and repair by the board. Each project shall also be operated by tolltakers and other operating employees as the board may in its discretion employ. Nothing contained in this chapter shall in any way affect the regular duties prescribed for state and local police officers.
(2) All political subdivisions and all public departments, agencies and commissions of the state of Idaho, notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, lend, grant or convey to the board at its request, upon terms and conditions as the proper authorities of political subdivisions and departments, agencies and commissions of the state deem reasonable and fair, and without the necessity for advertisement, order of a court or other action or formality, other than the regular and formal action of the authorities concerned, any real property which may be necessary or convenient to the effectuation of the authorized purposes of the board, including public highways and other real property already devoted to public use.
(3) On or before December 1 each year the board shall make an annual report of its activities for the preceding fiscal year relating to turnpike projects to the governor and to the legislature. Each report shall set forth a complete operating and financial statement covering its operations during the year. The board shall cause an audit of its books and accounts to be made as required in section 67-450B, Idaho Code, and the cost of audits shall be treated as a part of the cost of construction or of operation of the turnpike project.
(4) Any member, agent or employee of the board who is interested, either directly or indirectly, in any contract of another with the board, or in the sale of any property, either real or personal, to the board shall be guilty of a felony and punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for not more than five (5) years, or by both fine and imprisonment.
History:
[40-409, added 1985, ch. 253, sec. 2, p. 609; am. 1993, ch. 387, sec. 9, p. 1425.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 4 - IDAHO TURNPIKE AUTHORITY › Section 40-410 - TOLLS.

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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 4 - IDAHO TURNPIKE AUTHORITY › Section 40-411 - POWER TO ISSUE BONDS — CREDIT OF STATE NOT PLEDGED.

40-411. POWER TO ISSUE BONDS — CREDIT OF STATE NOT PLEDGED. (1) The board shall have power and is authorized to issue, from time to time its negotiable notes and bonds in conformity with the applicable provisions of the uniform commercial code and section 40-412, Idaho Code, in a principle amount as the board shall determine to be necessary for sufficient funds for achieving a turnpike project, establishing the reserves to secure the notes and bonds, and all other expenditures of the board incidental and necessary or convenient to carry out its powers for turnpike projects.
(2) Turnpike revenue bonds shall not be deemed to constitute a debt or liability of the state or of any political subdivision, or a pledge of the faith and credit of the state or of any political subdivision, but the bonds, unless refunded by bonds of the board, shall be payable solely from funds pledged or available for their payment. All turnpike revenue bonds and any coupons appertaining to those bonds shall contain on the face a statement to the effect that the board is obligated to pay the same, or the interest on them, only from the tolls, other revenue and proceeds of the bonds and that neither the state nor any political subdivision is obligated to pay the same or the interest on them, and that neither the faith and credit nor the taxing power of the state or any political subdivision is pledged to the payment of the principal of or the interest on the bonds.
History:
[40-411, added 1985, ch. 253, sec. 2, p. 610.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 4 - IDAHO TURNPIKE AUTHORITY › Section 40-413 - TRUST AGREEMENT.

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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 4 - IDAHO TURNPIKE AUTHORITY › Section 40-414 - REFUNDING BONDS.

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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-501 - TRANSPORTATION DEPARTMENT.

40-501. TRANSPORTATION DEPARTMENT. An Idaho transportation department is established, and for the purposes of section 20, article IV of the constitution of the state of Idaho, is an executive department of state government. The department shall have as its head the Idaho transportation board, established by chapter 3, title 40, Idaho Code.
History:
[40-501, added 1985, ch. 253, sec. 2, p. 613.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-502 - MAINTENANCE OF STATE HIGHWAYS.

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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-503 - OFFICES — APPOINTMENT — QUALIFICATIONS — COMPENSATION.

40-503. OFFICES — APPOINTMENT — QUALIFICATIONS — COMPENSATION. (1) An office of the director of the Idaho transportation department is established, and the board shall appoint a director having knowledge and experience in transportation matters. The director shall serve at the pleasure of the board. 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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-504 - DIRECTOR — BOND.

40-504. DIRECTOR — BOND. Before entering upon the duties of his office, the director shall swear or affirm that he holds no other public office, nor any position under any political committee or organization. The affirmation shall be filed in the office of the secretary of state. The director shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code. The premium on the bond shall be a charge against the state, to be audited, allowed and paid as are other claims, out of the state highway and state aeronautics accounts.
History:
[40-504, added 1985, ch. 253, sec. 2, p. 614.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-505 - DIRECTOR — DUTIES AND POWERS.

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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-506 - COMPENSATION FOR TAKING CERTAIN PROPERTY.

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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-507 - CONSTRUCTION AND MAINTENANCE OF INFORMATION CENTERS.

40-507. CONSTRUCTION AND MAINTENANCE OF INFORMATION CENTERS. (1) The department may design, erect, authorize, supervise and maintain information centers at safety rest areas in a number and at locations as it may determine to be necessary to meet the need of safety and effectively provide information of specific interest to the traveling public.
(2) Outdoor advertising placed within information centers shall be subject to all provisions of this title and all regulations promulgated by the board pursuant to the provisions of this title.
(3) Application for a permit to place outdoor advertising within an information center shall be made on a form prescribed by the department, and all permits shall be issued for a period of at least one (1) year. The department shall charge or authorize fees for the permit and for renewal sufficient to amortize the cost of the structure within an information center upon which the outdoor advertising is placed within the expected life of the structure, and sufficient to pay for the maintenance of the structure.
(4) The department will allow posters and signs to be placed by nonprofit anti-human trafficking organizations in or around safety rest areas. The posters and signs must be at least eight and one-half by eleven inches (8 1/2" x 11") in size, must be mounted as tamper and vandalism resistant, and must contain toll-free telephone numbers and/or emergency contact numbers for victims of human trafficking, including the number for the "National Human Trafficking Resource Center" and the number for the Idaho state office of crime victims advocacy. The posters and signs may include text in a variety of languages. The posters and signs will be covered by a permit if the safety rest area or turnout is part of the highway right-of-way. Posters and signs containing the aforementioned contact numbers shall have all costs for the sign, installation, and/or maintenance provided by the aforementioned nonprofit anti-human trafficking organization(s). Temporary installation permits can include a memorandum of understanding (MOU), and encroachment permit, or a special event permit. The cost of poster and sign installment and maintenance shall be covered in the permit or MOU normally at the expense of the requestor.
(5) As used in subsection (4) of this section:
(a) "Emergency contact numbers" means a hotline that is: available twenty-four (24) hours a day, seven (7) days a week; toll-free; operated by a nonprofit, nongovernmental organization; anonymous and confidential; and able to provide help, referral to services, training and general information;
(b) "Human trafficking" means the illegal movement of people, typically for the purposes of forced labor or commercial sexual exploitation;
(c) "Safety rest area" means a roadside area with restrooms and other facilities for the use of motorists.
History:
[40-507, added 1985, ch. 253, sec. 2, p. 614; am. 2015, ch. 207, sec. 1, p. 635.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-508 - TRAFFIC SAFETY COMMISSION CREATED — MEMBERSHIP.

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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-509 - DUTIES OF TRAFFIC SAFETY COMMISSION.

40-509. DUTIES OF TRAFFIC SAFETY COMMISSION. The commission shall:
(1) Periodically review traffic safety problems in Idaho and develop effective plans for additional local-state cooperative activities;
(2) Recommend to the director those agency programs and political subdivision programs to receive federal aid for highway safety in accordance with uniform federal standards;
(3) Advise and recommend to the director future traffic accident prevention activities; and
(4) Carry out any other activities as may be required by the federal highway safety act of 1966 and any amendments to it.
History:
[40-509, added 1985, ch. 253, sec. 2, p. 615.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-510 - PORTS OF ENTRY OR CHECKING STATIONS ESTABLISHED — MOTOR VEHICLE INVESTIGATOR ACTIVITIES — AUTHORITY OF THE BOARD TO EMPLOY INDIVIDUALS.

40-510. PORTS OF ENTRY OR CHECKING STATIONS ESTABLISHED — MOTOR VEHICLE INVESTIGATOR ACTIVITIES — AUTHORITY OF THE BOARD TO EMPLOY INDIVIDUALS. (1) To augment and help make more efficient and effective the enforcement of certain laws of the state of Idaho, the Idaho transportation department is hereby authorized and directed to establish from time to time temporary or permanent ports of entry or checking stations upon any highways in the state of Idaho, at such places as the Idaho transportation department shall deem necessary and advisable.
(2) The board is authorized to appoint and employ individuals who shall have limited peace officer authority for the enforcement of such motor vehicle-related laws as are herein specified:
(a) Sections 18-3906 and 18-8001, Idaho Code;
(b) Sections 25-1105 and 25-1182(2), Idaho Code;
(c) Sections 40-510 through 40-512, Idaho Code;
(d) Chapters 1 through 5, 9, 10, 15 through 19, 22 and 24, title 49, sections 49-619, 49-660, 49-1407, 49-1418 and 49-1427 through 49-1430, Idaho Code;
(e) Authorized use of motor fuel on the highways and international fuel tax agreement (IFTA) provisions of chapter 24, title 63, Idaho Code;
(f) Section 67-2901A, Idaho Code; and
(g) Sections 49-676 and 63-2425, Idaho Code.
(3) Motor vehicle investigators shall have the authority to access confidential vehicle identification number information.
(4) Any employee so appointed shall have the authority to issue misdemeanor traffic citations in accordance with the provisions of section 49-1409, Idaho Code, and infraction citations in accordance with the provisions of chapter 15, title 49, Idaho Code.
(5) No employee of the department shall carry or use a firearm of any type in the performance of his duties unless specifically authorized in writing by the director of the Idaho state police to do so.
(6) The board is authorized to extend the authority as provided in this section to authorized employees of contiguous states upon approval of a bilateral agreement according to the provisions of section 40-317, Idaho Code.
History:
[(40-510) 67-2926, added 1950 (E.S.), ch. 15, sec. 1, p. 26; am. 1953, ch. 218, sec. 1, p. 333; am. 1974, ch. 27, sec. 193, p. 811; am. 1982, ch. 95, sec. 140, p. 275; am. and redesig. 1991, ch. 288, sec. 6, p. 746; am. 1999, ch. 383, sec. 2, p. 1053 am. 2000, ch. 303, sec. 1, p. 1034; am. 2000, ch. 469, sec. 103, p. 1557; am. 2006, ch. 31, sec. 1, p. 94; am. 2015, ch. 38, sec. 17, p. 88; am. 2020, ch. 327, sec. 5, p. 945.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-511 - STOPPING AND INSPECTION.

40-511. STOPPING AND INSPECTION. (1) Wherever by the laws of the state of Idaho any vehicle with a maximum gross weight or registered gross weight, or operated at a gross weight, of twenty-six thousand one (26,001) pounds or more, excepting those transporting placardable quantities of hazardous materials, is used to transport any merchandise, product, commodity, or livestock within the state, within the state to without the state, or from without the state to within the state, the owner or operator of either the motor vehicle or trailer, as defined in chapter 1, title 49, Idaho Code, used to transport such merchandise, product, commodity, or livestock is hereby required to stop at such ports of entry or checking stations established by the Idaho transportation department and submit to inspection, grading or weighing for compliance with the laws of the state of Idaho. Noncommercial vehicles, as defined in section 49-123(2)(k), Idaho Code, shall not be required to stop for inspection pursuant to this section.
(2) Vehicles or combinations of vehicles with a maximum gross weight of ten thousand (10,000) pounds or more transporting placardable quantities of hazardous materials are required to stop at all ports of entry or checking stations established by the Idaho transportation department.
(3) It shall be the duty of such owner or operator of every motor vehicle or trailer to drive the motor vehicle or trailer upon any state-owned inspection station, stationary or portable scale, or private scale, certified by the state of Idaho, when requested to do so by any peace officer, excepting fish and game officers, or authorized employees of the Idaho transportation department.
(4) Authorized employees of the transportation department may stop any vehicle with a maximum gross weight of eighteen thousand (18,000) pounds or more by displaying a flashing red light if the authorized employee has probable cause to believe the vehicle bypassed a weighing or inspection station or proceeded through the station without regard for the directional signals. Authorized employees may direct a vehicle that has bypassed a weighing or inspection station, or has proceeded through the station without regard for the directional signals, to return to the bypassed inspection or weighing station and may issue a citation for failure to stop as required in this section. The operator of a vehicle shall bring the vehicle to a stop, pulling off the traveled portion of the highway, when directed to do so by an authorized employee of the transportation department by use of emergency lights or siren.
History:
[(40-511) 67-2927, added 1950 (E.S.), ch. 15, sec. 2, p. 26; am. 1970, ch. 54, sec. 1, p. 133; am. 1974, ch. 27, sec. 194, p. 811; am. 1982, ch. 95, sec. 141, p. 275; am. 1988, ch. 265, sec. 583, p. 878; am. and redesignated 1991, ch. 288, sec. 7, p. 746; am. 1992, ch. 111, sec. 1, p. 341; am. 1997, ch. 233, sec. 1, p. 682; am. 1999, ch. 393, sec. 1, p. 1091; am. 2006, ch. 31, sec. 2, p. 94; am. 2022, ch. 31, sec. 1, p. 88.]