reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 19 - BEAUTIFICATION OF HIGHWAYS › Section 40-1908 - BOND OF OUT-OF-STATE LICENSEE OR PERMITTEE.

40-1908. BOND OF OUT-OF-STATE LICENSEE OR PERMITTEE. When an application for a license or permit or for renewal is made by a nonresident or by a foreign corporation engaged in the business of outdoor advertising, the department in its discretion, as a condition to the issuance of a license or permit or renewal, may require the corporation to deposit with the department a bond in an amount and with surety to be approved by the department, to secure the corporation’s compliance with the provisions of this chapter.
History:
[40-1908, added 1985, ch. 253, sec. 2, p. 685.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 19 - BEAUTIFICATION OF HIGHWAYS › Section 40-1909 - IDENTIFICATION OF ADVERTISING STRUCTURES — PLACING STRUCTURE WITHOUT PERMIT PLATE — VIOLATION.

40-1909. IDENTIFICATION OF ADVERTISING STRUCTURES — PLACING STRUCTURE WITHOUT PERMIT PLATE — VIOLATION. (1) The department shall require that each outdoor advertising structure, sign or display shall bear an identification tag or plate to be issued by the department, and if erected or maintained by an outdoor advertising business that it shall also bear his name.
(2) No person shall place any advertising structure, sign or display unless there is securely fastened upon the front a permit plate of the character specified in subsection (1) above. Placing an advertising display without having affixed a permit plate is prima facie evidence that the advertising display has been placed and is being maintained in violation of this chapter, and any such display shall be subject to removal.
History:
[40-1909, added 1985, ch. 253, sec. 2, p. 685.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 19 - BEAUTIFICATION OF HIGHWAYS › Section 40-1910 - LOCATION OF DISPLAYS.

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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 19 - BEAUTIFICATION OF HIGHWAYS › Section 40-1911 - GENERAL PROHIBITIONS.

40-1911. GENERAL PROHIBITIONS. Notwithstanding any other provision of this chapter, no advertising display shall be erected or maintained within six hundred sixty (660) feet from the edge of the right-of-way of the interstate and primary system of highways within this state except the following:
(1) Directional or other official signs or notices that are required or authorized by law, informational or directional signs regarding telephone service, emergency telephone signs, buried or underground cable markers and above cable closures;
(2) Signs advertising the sale or lease of property upon which they are located;
(3) Displays advertising activities conducted on the property upon which they are located, provided that not more than one (1) such sign, visible to traffic proceeding in any one direction, and advertising activities being conducted upon the real property where the sign is located may be permitted more than fifty (50) feet from the advertising activity;
(4) Displays located within areas zoned industrial, business or commercial under authority of state law, or in unzoned industrial or commercial areas as determined by the department;
(5) Displays erected or maintained by the department on the right-of-way pursuant to regulation of the department designed to give information in the specific interest of the traveling public. The department, by and through its director, may, upon receipt of a certified copy of an ordinance from a board of county commissioners, or a city council, accompanied by all economic studies required by federal rules and regulations showing that the removal of tourist-related advertising activities would cause an economic hardship on a defined area, forward the ordinance to the secretary of the United States department of transportation for inclusion as a defined hardship area, qualifying for exemption pursuant to section 131(o), title 23, United States Code. The ordinance and economic studies shall show that (1) the tourist-related advertising devices provide directional information about goods and services in the interest of the traveling public, and (2) that the removal of the specific directional advertising displays will work a substantial economic hardship in the defined area;
(6) Signs lawfully in existence on October 22, 1965, determined to be landmark signs, including signs on farm structures or natural surfaces, of historic or artistic significance, the preservation of which would be consistent with the purposes of this chapter; and
(7) On or after July 1, 1985, no advertising structure or display shall be erected or maintained in this state, other than those allowed pursuant to subparagraphs (2), (3) and (4) of this section, which are located beyond six hundred sixty (660) feet of the right-of-way, located outside of urban areas, visible from the main traveled way of the system, and erected for the purpose of the message being read from that main traveled way of the system.
History:
[40-1911, added 1985, ch. 253, sec. 2, p. 686.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 19 - BEAUTIFICATION OF HIGHWAYS › Section 40-1912 - INDUSTRIAL OR COMMERCIAL ZONES.

40-1912. INDUSTRIAL OR COMMERCIAL ZONES. (1) The provisions of section 40-1911, Idaho Code, shall not apply to those segments of the interstate and primary system of highways which traverse and abut on commercial, business or industrial zones within the boundaries of incorporated cities, wherein the use of real property adjacent to and abutting on the interstate and primary system of highways is subject to city or county regulation or control, or which traverse and abut on other areas where the land use is clearly established by state law or county zoning regulation, as industrial, business or commercial, or which are located within areas adjacent to the interstate and primary system of highways which are in unzoned commercial or industrial areas as determined by the department from actual land uses. The department shall determine the size, lighting and spacing of signs in the zoned and unzoned industrial, business or commercial areas.
(2) For the purpose of this chapter, areas abutting interstate and primary highways of this state which are zoned commercial or industrial by counties and cities shall be valid as commercial or industrial zones only as to the portions actually used for commerce or industrial purposes and the land along the highway in urban areas for a distance of six hundred (600) feet immediately abutting to the area of the use, and does not include areas so zoned in anticipation of such uses at some uncertain future date, nor does it include areas zoned for the primary purpose of allowing advertising structures. All signs located within an unzoned area shall become nonconforming if the commercial or industrial activity used in defining the area ceases for a continuous period of six (6) months.
History:
[40-1912, added 1985, ch. 253, sec. 2, p. 687.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 19 - BEAUTIFICATION OF HIGHWAYS › Section 40-1913 - REMOVAL OF DISPLAYS.

40-1913. REMOVAL OF DISPLAYS. Any outdoor advertising which is not in compliance with the provisions of this chapter may be removed by the department. Just compensation shall be paid upon the removal of any outdoor advertising sign, display, or device lawfully erected under state law, but the department shall not be required to purchase or remove any advertising displays as required under this chapter, until matching federal aid funds are available for the purchase or removal by the federal government.
History:
[40-1913, added 1985, ch. 253, sec. 2, p. 687.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 19 - BEAUTIFICATION OF HIGHWAYS › Section 40-1914 - LOCAL ORDINANCES.

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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 19 - BEAUTIFICATION OF HIGHWAYS › Section 40-1915 - NUISANCES.

40-1915. NUISANCES. All advertising displays which are placed or which exist in violation of the provisions of this chapter are public nuisances and may be removed by any public employee as is further provided in this chapter.
History:
[40-1915, added 1985, ch. 253, sec. 2, p. 687.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 19 - BEAUTIFICATION OF HIGHWAYS › Section 40-1916 - PENALTY — REMEDIES CUMULATIVE.

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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 19 - BEAUTIFICATION OF HIGHWAYS › Section 40-1919 - JUNKYARDS AS PUBLIC NUISANCES.

40-1919. JUNKYARDS AS PUBLIC NUISANCES. For the purpose of promoting the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is declared by the legislature of the state of Idaho to be in the public interest and for a highway purpose to regulate and restrict the establishment, operation and maintenance of junkyards in areas adjacent to highways on interstate and primary systems within the state. The legislature finds and declares that junkyards that are not in compliance with the provisions of this chapter are public nuisances.
History:
[40-1919, added 1985, ch. 253, sec. 2, p. 688.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 19 - BEAUTIFICATION OF HIGHWAYS › Section 40-1920 - LICENSE — RENEWAL — FEE.

40-1920. LICENSE — RENEWAL — FEE. No person shall operate, establish, or maintain a junkyard, any portion of which is within one thousand (1,000) feet of the nearest edge of the right-of-way of any highway on the interstate or primary system without obtaining a license from the board. The license and each renewal shall be issued on a calendar year basis and shall expire on December 31 following the date of issuance. A fee of twenty-five dollars ($25.00) shall be charged for each original license or renewal license which shall be deposited in the state treasury in the highway distribution account.
History:
[40-1920, added 1985, ch. 253, sec. 2, p. 688.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 19 - BEAUTIFICATION OF HIGHWAYS › Section 40-1921 - REQUIREMENTS FOR LICENSE.

40-1921. REQUIREMENTS FOR LICENSE. Licenses shall be granted for the operation of those junkyards within one thousand (1,000) feet of the nearest edge of the right-of-way of any highway on the interstate or primary system meeting the following requirements:
(1) Are screened by natural objects, plantings, fences or other appropriate means so as to render them invisible from the traveled way of the highway involved; or
(2) Located within areas which are zoned for industrial use under authority of state law or in unzoned industrial areas as determined by the board; or
(3) Are not visible from the main traveled way of the highway involved; or
(4) Are to be screened by the board as provided in section 40-313(4), Idaho Code; or
(5) Are to be relocated, removed or disposed of by the board as provided in section 40-313(4), Idaho Code.
History:
[40-1921, added 1985, ch. 253, sec. 2, p. 688.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 19 - BEAUTIFICATION OF HIGHWAYS › Section 40-1922 - DUMP PERMITS — RENEWAL — FEE — SCREENING BY OWNER.

40-1922. DUMP PERMITS — RENEWAL — FEE — SCREENING BY OWNER. No person shall operate, establish, or maintain a dump, any portion of which is within one thousand (1,000) feet of the nearest edge of the right-of-way of any highway on the interstate or primary system without obtaining a permit from the board. The permit and each renewal shall be issued on a calendar year basis and shall expire on the 31st day of December following the date of issuance. A fee of fifteen dollars ($15.00) shall be charged for each original permit or renewal permit which shall be deposited in the state treasury to the credit of the highway distribution account.
History:
[40-1922, added 1985, ch. 253, sec. 2, p. 688.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 19 - BEAUTIFICATION OF HIGHWAYS › Section 40-1925 - ENFORCEMENT — REVOCATION OF LICENSE OR PERMIT — NOTICE — HEARING.

40-1925. ENFORCEMENT — REVOCATION OF LICENSE OR PERMIT — NOTICE — HEARING. (1) The department or board may revoke any license or permit for the failure to comply with the provisions of this chapter and may remove and destroy any advertising display placed or maintained in violation of this chapter after written order posted on the structure or sign and copies served by certified mail upon both the owner of the display and the owner of the land upon which it is situate. The order shall be signed by the district engineer of the department in the applicable district. The parties shall have thirty (30) days within which to appeal the order to the board under the provisions of chapter 52, title 67, Idaho Code.
(2) Notwithstanding any other provision of this chapter, the department or any of its authorized employees may summarily and without notice remove and destroy any advertising display placed in violation of this chapter which is temporary in nature because of the materials of which it is constructed or because of the nature of the copy on it.
(3) Proceedings for review of any action taken by the department pursuant to this section shall be instituted under the provisions of chapter 52, title 67, Idaho Code.
History:
[40-1925, added 1985, ch. 253, sec. 2, p. 689.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 19 - BEAUTIFICATION OF HIGHWAYS › Section 40-1926 - VIOLATIONS AS PUBLIC NUISANCES — INJUNCTIONS — VENUE.

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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 20 - HIGHWAY RELOCATION ASSISTANCE › Section 40-2001 - RELOCATION AID FOR PERSONS DISPLACED BY PUBLIC PROGRAMS — LEGISLATIVE FINDING.

40-2001. RELOCATION AID FOR PERSONS DISPLACED BY PUBLIC PROGRAMS — LEGISLATIVE FINDING. The legislature finds and declares that the prompt and equitable relocation and reestablishment of persons, families, businesses, farmers, and nonprofit organizations displaced as a result of any state or local governmental program or project is a necessary purpose, is a cost of those programs and projects and is a public purpose. In order to insure that individuals do not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole the legislature declares that relocation payments and relocation advisory assistance shall be provided to all persons so displaced in accordance with the terms and provisions of this chapter and rules promulgated by the board. The legislature finds and declares that rent supplement or purchase assistance payments to tenants and relocation payments to owner-occupants, businesses, and farmers in accordance with the provisions of this chapter are a public purpose and are necessary to enable all displaced persons to obtain decent, safe, and sanitary dwellings. The legislature further declares the provisions of this chapter may be applicable to all programs.
History:
[40-2001, added 1985, ch. 253, sec. 2, p. 689; am. 2000, ch. 192, sec. 1, p. 473.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 20 - HIGHWAY RELOCATION ASSISTANCE › Section 40-2002 - RELOCATION ADVISORY ASSISTANCE.

40-2002. RELOCATION ADVISORY ASSISTANCE. Any agency is authorized, as a part of the cost of any program or project, to give relocation advisory assistance to any individual, family, business or farm operation displaced because of the acquisition of real property for any project. If any agency determines that any person occupying property immediately adjacent to the real property acquired has been caused substantial economic injury because of the acquisition, it shall offer him relocation advisory services.
History:
[40-2002, added 1985, ch. 253, sec. 2, p. 690; am. 2000, ch. 192, sec. 2, p. 473.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 20 - HIGHWAY RELOCATION ASSISTANCE › Section 40-2003 - LOCAL RELOCATION ADVISORY ASSISTANCE OFFICES.

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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 20 - HIGHWAY RELOCATION ASSISTANCE › Section 40-2006 - HOUSING REPLACEMENT AS LAST RESORT.

40-2006. HOUSING REPLACEMENT AS LAST RESORT. (1) If any federally-assisted program or project construction cannot commence because comparable replacement sale or rental housing is not available, and the agency determines that housing cannot otherwise be made available, it may take action as is necessary or appropriate to provide housing by use of funds authorized for the project.
(2) No displaced person shall be required to move from his dwelling on account of any federally-assisted program or project, unless the agency is satisfied that replacement housing is available to the person, within a reasonable period of time and at rents or prices within the financial means of the families and individuals displaced, and reasonably accessible to their places of employment.
History:
[40-2006, added 1985, ch. 253, sec. 2, p. 692.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 20 - HIGHWAY RELOCATION ASSISTANCE › Section 40-2007 - COMPENSATION FOR MISCELLANEOUS EXPENSES.

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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 20 - HIGHWAY RELOCATION ASSISTANCE › Section 40-2008 - COMPUTATION OF REPLACEMENT HOUSING PAYMENT DURING CONDEMNATION PROCEEDINGS — ADJUSTMENT AFTER JUDGMENT.

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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 20 - HIGHWAY RELOCATION ASSISTANCE › Section 40-2009 - RELOCATION PAYMENTS NOT INCOME.

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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 20 - HIGHWAY RELOCATION ASSISTANCE › Section 40-2010 - REVIEW OF DETERMINATIONS.

40-2010. REVIEW OF DETERMINATIONS. Any displaced person aggrieved by a determination as to the eligibility for a payment authorized by this chapter, or the amount of the payment, may have his application reviewed. Proceedings for review of any action taken by the agency pursuant to this section shall be instituted under the provisions of chapter 52, title 67, Idaho Code.
History:
[40-2010, added 1985, ch. 253, sec. 2, p. 693.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 20 - HIGHWAY RELOCATION ASSISTANCE › Section 40-2011 - EMINENT DOMAIN DAMAGES UNAFFECTED.

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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 20 - HIGHWAY RELOCATION ASSISTANCE › Section 40-2012 - FEDERAL UNIFORM RELOCATION ASSISTANCE ACT.

40-2012. FEDERAL UNIFORM RELOCATION ASSISTANCE ACT. (1) Regardless of any of the other provisions of title 40, chapter 20, Idaho Code, when any department, agency or instrumentality of the state, or any county, municipality, or other political subdivision, or any other public or private entity undertakes any project or activity subject to the provisions of the federal uniform relocation assistance and real property acquisition policies act of 1970, as amended, public laws 91-646, and 100-17, title IV (hereinafter the federal uniform relocation act) which results in the acquisition of real property or in any person or persons being displaced from their homes, businesses, or farms, such state department, agency or instrumentality, county, municipality or other political subdivision, or other public or private entity is hereby authorized to provide relocation assistance, and to make relocation payments to such displaced person and to do such other acts and follow such procedures and practices as may be necessary to comply with the provisions of the federal uniform relocation act.
(2) Any payment made or to be made under the authority granted herein shall be for compensating or reimbursing the displaced person or owner of real property in accordance with the requirements of the federal uniform relocation act and such payments shall not for any purpose be deemed or considered compensation for real property acquired or compensation for damages to remaining property.
(3) The Idaho transportation department is authorized to issue such regulations and procedures as it determines to be necessary or appropriate to carry out the provisions of this chapter.
History:
[40-2012, added 1988, ch. 136, sec. 1, p. 243.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 20 - HIGHWAY RELOCATION ASSISTANCE › Section 40-2013 - COSTS AND ATTORNEY’S FEES.

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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 21 - REGIONAL PUBLIC TRANSPORTATION AUTHORITY › Section 40-2102 - POLICY OF STATE.

40-2102. POLICY OF STATE. It is hereby recognized by the legislature of the state of Idaho that, as the population and economy of areas of this state grow, the total needs for mobility of commerce and people cannot be met solely with highway and road systems; that motor vehicle congestion and air quality problems result which may adversely affect health and safety; that there are a variety of persons who are elderly, who have disabilities, who live in rural areas or who otherwise require public transportation services for their general welfare; and that prosperous commerce and industry depend upon effective regional systems of transportation. It is therefore declared to be the policy of the state to maintain a state commitment to improve public transportation; to increase the use of transportation alternatives to single occupancy motor vehicles; to promote cooperative agreements among governmental entities in providing public transportation services; and to attain greater efficiency in the use of public transportation funds in a manner consistent with the needs, health, safety and general welfare of the people of Idaho.
History:
[40-2102, added 1994, ch. 327, sec. 1, p. 1053.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 21 - REGIONAL PUBLIC TRANSPORTATION AUTHORITY › Section 40-2103 - DEFINITIONS.

40-2103. DEFINITIONS. (1) "Authority" means the regional public transportation authority.
(2) "Board" means the governing body of the regional public transportation authority.
(3) "City" means an incorporated city.
(4) "Commission" means the board of county commissioners or the board of commissioners of a single county-wide highway district.
(5) "Public transportation service" means, without limitation, fixed transit routes; scheduled or unscheduled transit service provided by motor vehicle, bus, rail, van, aerial tramway and other modes of public conveyance; paratransit service for the elderly and disabled; shuttle and commuter service between cities, counties, health care facilities, employment centers, educational institutions or park-and-ride locations; subscription van and car-pooling service; and transportation services unique to social service programs.
(6) "Region" means the geographical area encompassed by an authority which may include all of a county or contiguous parts of one (1) or more counties.
History:
[40-2103, added 1994, ch. 327, sec. 1, p. 1053; am. 1996, ch. 353, sec. 1, p. 1177.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 21 - REGIONAL PUBLIC TRANSPORTATION AUTHORITY › Section 40-2104 - PURPOSE OF AUTHORITY.

40-2104. PURPOSE OF AUTHORITY. The purpose of an authority created pursuant to this chapter is to establish a single governmental agency oriented entirely toward public transportation needs within each county or region that deems such an agency necessary. This authority, a political subdivision of the state of Idaho, is under the supervision of and directly responsible to local governments, and shall provide public transportation services, encourage private transportation programs and coordinate both public and private transportation programs, services and support functions.
History:
[40-2104, added 1994, ch. 327, sec. 1, p. 1053; am. 1996, ch. 353, sec. 2, p. 1177; am. 2003, ch. 210, sec. 1, p. 555.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 21 - REGIONAL PUBLIC TRANSPORTATION AUTHORITY › Section 40-2105 - CREATION OF AUTHORITY — VOTER APPROVAL — NAME.

40-2105. CREATION OF AUTHORITY — VOTER APPROVAL — NAME. Authorities may be established in one (1) of the following ways:
(1) (a) County-wide authorities. A city or commission by resolution may call for an election to establish a regional public transportation authority in the county to carry out the purposes of this chapter. The entire geographical area of the county must be included within the jurisdiction of an authority created pursuant to this subsection.
(b) The ballot question shall seek voter approval of the establishment of the authority.
(2) (a) Regional authorities. A city or commission may adopt a resolution proposing to establish an authority which contains contiguous parts of one (1) or more counties. The resolutions shall include a legal description of a contiguous region encompassed by the proposed authority and specifically name each city and county wholly or partially included therein. Boundaries of the proposed authority shall conform insofar as possible to existing boundaries dividing voting precincts.
(b) A certified copy of the resolution shall be transmitted by registered mail to the chief elected official of each city and county wholly or partially included in the proposed region.
(c) Each city and county shall, by resolution, either approve without alteration or reject the resolution proposing the establishment of an authority and transmit a certified copy to the clerk or recorder of the initiating city or commission. If a city or county fails to act upon the resolution proposing the establishment of an authority within sixty (60) days after receipt of the certified copy, the city or county is deemed to have rejected the resolution.
(d) If the city councils and county commissions of all cities and counties wholly or partially included in the proposed region approve the resolution proposing the establishment of an authority, the question shall be submitted for voter approval. The ballot question shall generally describe the area which is proposed to be included in the authority, identify each city and county which will be located either wholly or partially within the authority and shall seek voter approval of the establishment of the authority.
(3) Authorization to establish a regional public transportation authority may be made only by the registered voters of the region at an election held at least sixty (60) days after the final resolution is adopted and in conformity with section 34-106, Idaho Code. A simple majority of votes cast on the question shall be necessary to establish the authority.
(4) An authority created pursuant to this act shall be named the "……. (name of authority) REGIONAL PUBLIC TRANSPORTATION AUTHORITY." In the event two (2) or more authorities should by cooperative agreement merge their services the name may be appropriately changed by a majority vote of the board of each authority.
History:
[40-2105, added 1994, ch. 327, sec. 1, p. 1054; am. 1996, ch. 353, sec. 3, p. 1178.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 21 - REGIONAL PUBLIC TRANSPORTATION AUTHORITY › Section 40-2107 - BOARD PROCEDURES.

40-2107. BOARD PROCEDURES. (1) At its first meeting following the appointment of all members, the board shall elect a chairman and a vice chairman from their number and appoint a secretary and a treasurer who need not be from their number for terms fixed by them. The offices of the secretary and treasurer may be filled by the same person. Certified copies of all appointments under the hand of the chairman and seal of the authority shall be filed with the clerk of each county and with the clerk of each city and with the secretary of each highway district in the region.
(2) A majority of the board members constitutes a quorum for the conduct of business. A majority of board members present at a board meeting at which a quorum has been established may exercise all of the powers of the full board except as otherwise provided in this chapter.
(3) As soon as practicable after organization the board shall designate a day, hour and place at which regular meetings shall be held. Minutes of all meetings must show what business was conducted, what votes were taken and what bills were submitted, considered, allowed or rejected. The secretary shall make a list of all bills presented, showing to whom payable, for what services or materials, the amount claimed and the amount allowed. The list shall be signed by the chairman and attested by the secretary.
(4) All meetings of the board shall be public and all records of the authority shall be open to the inspection of the public during normal business hours. Special meetings of the board may be held upon the call of the board chairman or a majority of the board. The secretary must give each member not joining in the order five (5) days’ notice of any special meeting.
(5) The authority treasurer shall execute and file with the authority secretary an official bond in an amount of money equal to an amount that may come into his hands as treasurer but in no case shall the amount of the bond be less than an amount fixed by the board. The cost of such bond shall be a necessary expense paid by the authority.
History:
[40-2107, added 1994, ch. 327, sec. 1, p. 1055; am. 1996, ch. 353, sec. 5, p. 1180.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 21 - REGIONAL PUBLIC TRANSPORTATION AUTHORITY › Section 40-2108 - CORPORATE POWERS OF AN AUTHORITY.

40-2108. CORPORATE POWERS OF AN AUTHORITY. A regional public transportation authority has power:
(1) To sue and be sued;
(2) To raise and expend funds as provided in this chapter;
(3) To issue revenue bonds;
(4) To adopt and use an official seal;
(5) To purchase and hold lands, make contracts, purchase and hold personal property as may be necessary or convenient for the purposes of this act, and to sell and exchange real and personal property. The board shall first adopt a resolution finding that the property to be sold or exchanged is no longer needed by or useful to the district; that a public hearing is to be held, of which hearing notice shall be published in accordance with the provisions of section 40-206, Idaho Code.
History:
[40-2108, added 1994, ch. 327, sec. 1, p. 1055.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 21 - REGIONAL PUBLIC TRANSPORTATION AUTHORITY › Section 40-2109 - POWERS AND DUTIES OF BOARD.

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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 21 - REGIONAL PUBLIC TRANSPORTATION AUTHORITY › Section 40-2110 - CONTRIBUTIONS.

40-2110. CONTRIBUTIONS. The counties, cities, highway districts and other governmental entities within the region may, at their discretion, enter into a cooperative agreement with the authority in order to contribute funds from any source, provide services-in-kind and loan or convey real and personal property to the authority in recognition of costs of the authority, to maintain continuity of existing public transportation services, or to implement new services.
History:
[40-2110, added 1994, ch. 327, sec. 1, p. 1056; am. 1996, ch. 353, sec. 7, p. 1181.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 21 - REGIONAL PUBLIC TRANSPORTATION AUTHORITY › Section 40-2111 - ISSUANCE OF REVENUE BONDS.

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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 21 - REGIONAL PUBLIC TRANSPORTATION AUTHORITY › Section 40-2112 - BUDGET.

40-2112. BUDGET. (1) The board shall annually adopt a budget and cause a public hearing to be held upon the budget.
(2) Notice of the budget hearing shall be posted at least ten (10) days prior to the date of the meeting in at least one (1) conspicuous place in each county within the boundaries of the regional public transportation authority and at the administrative offices of the regional public transportation authority. A copy of the notice shall also be published in accordance with the provisions of section 40-206, Idaho Code. The place, hour and day of the hearing shall be specified in the notice, as well as the place where the budget may be examined prior to the hearing. A full and complete copy of the proposed budget shall be published with and as a part of the publication of the notice of hearing.
(3) The budget shall be available for public inspection from and after the date of the posting of notice of hearing at a place and during business hours as the board may direct.
(4) A quorum of the board shall attend the hearing and explain the proposed budget and hear any and all objections to it.
(5) The budget shall be completed and finalized not later than the Tuesday following the first Monday in September for the ensuing fiscal year.
(6) The fiscal year of the authority shall commence on the first day of October of each year.
History:
[40-2112, added 1994, ch. 327, sec. 1, p. 1057; am. 1996, ch. 353, sec. 8, p. 1181; am. 2003, ch. 210, sec. 2, p. 556.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 21 - REGIONAL PUBLIC TRANSPORTATION AUTHORITY › Section 40-2113 - EXEMPTION FROM TAXATION.

40-2113. EXEMPTION FROM TAXATION. It is hereby found, determined and declared that the creation of a regional public transportation authority is in all respects for the benefit of the people of the state of Idaho, for the improvement of their welfare and prosperity, and for the promotion of their transportation, and is a public purpose and that projects and services operated by authorities are essential parts of the public transportation system, and that such authorities will be performing essential governmental functions in the exercise of the powers conferred upon them by this chapter. The state of Idaho declares that authorities shall be required to pay no taxes or assessments upon any of the property acquired by them or under their respective jurisdiction, control, possession, or supervision or upon the activities of authorities in the operation and maintenance of projects and services, or upon any charges, fees, revenues, or other income received by authorities, or upon special fuels used in motor vehicles owned or leased and operated by authorities, and that the bonds of authorities and the income therefrom shall at all times be exempt from taxation. Regional public transportation authorities created pursuant to this chapter shall be exempt from the sales tax imposed under the provisions of section 63-3621, Idaho Code, shall be issued a tax exemption certificate as provided for in section 63-3622, Idaho Code, and shall be entitled to such credits and refunds as other political subdivisions of the state of Idaho are entitled under section 63-2423, Idaho Code.
History:
[40-2113, added 1994, ch. 327, sec. 1, p. 1057; am. 2004, ch. 152, sec. 1, p. 487.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 21 - REGIONAL PUBLIC TRANSPORTATION AUTHORITY › Section 40-2114 - SEVERABILITY

40-2114. SEVERABILITY . The provisions of this chapter are hereby declared to be severable and if any provision of this act [chapter] 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.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 22 - DETACHMENT OF TERRITORY BY PETITION AND ORGANIZATION OF NEW DISTRICT › Section 40-2201 - HIGHWAY DISTRICTS SUBJECT TO DETACHMENT.

40-2201. HIGHWAY DISTRICTS SUBJECT TO DETACHMENT. A portion of the territory of an existing highway district, provided that the district is not a single county-wide highway district organized under the provisions of chapter 14, title 40, Idaho Code, whether the district is situated wholly in one (1) or more counties, may be detached from the highway district and established as a new highway district as provided in this chapter.
History:
[(40-2201) 40-2101, added 1994, ch. 331, sec. 1, p. 1061; am. and redesig. 2005, ch. 25, sec. 82, p. 117.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 22 - DETACHMENT OF TERRITORY BY PETITION AND ORGANIZATION OF NEW DISTRICT › Section 40-2202 - PETITION.

40-2202. PETITION. Whenever electors of a portion of the territory embraced in any existing highway district desire that their portion be detached from the highway district and organized into a new highway district, a petition describing the territory by its boundaries, signed by not less than ten (10) electors qualified to vote at a highway district election and residing in the territory sought to be detached shall be presented to the commissioners of the highway district.
History:
[(40-2202) 40-2102, added 1994, ch. 331, sec. 1, p. 1061; am. 2005, ch. 25, sec. 83, p. 117.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 22 - DETACHMENT OF TERRITORY BY PETITION AND ORGANIZATION OF NEW DISTRICT › Section 40-2203 - ORDER FOR HEARING UPON PETITION.

40-2203. ORDER FOR HEARING UPON PETITION. Immediately upon its next regular meeting or at a special meeting called for that purpose, the highway district commissioners shall by order or resolution fix a time and place for a hearing of the petition, which time shall not be less than twenty-one (21) days from and after the date of the first publication of the notice of the petition and of the hearing.
History:
[(40-2203) 40-2103, added 1994, ch. 331, sec. 1, p. 1061; am. 2005, ch. 25, sec. 84, p. 118.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 22 - DETACHMENT OF TERRITORY BY PETITION AND ORGANIZATION OF NEW DISTRICT › Section 40-2204 - NOTICE OF HEARING AND PETITION.

40-2204. NOTICE OF HEARING AND PETITION. The highway district commissioners shall require their clerk to have a notice published in accordance with the provisions of section 40-206, Idaho Code, setting forth the fact that a petition has been filed with the commissioners. The notice shall state the name of the highway district from which territory is proposed to be detached and organized into a new highway district; a concise description of the boundaries of the territory so proposed to be detached and organized into a new highway district; the current bonded and current warrant indebtedness of the district; a notice of the time and place when and where the petition will be heard by the highway district commissioners; and notice that any elector qualified to vote at an election of the highway district may, prior to or at the time of the hearing, file with the highway district clerk written objections to the proposed detachment and organization of said territory.
History:
[(40-2204) 40-2104, added 1994, ch. 331, sec. 1, p. 1061; am. and redesig. 2005, ch. 25, sec. 85, p. 118.]