reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 6 - PROCEDURE BEFORE COMMISSION AND IN COURTS › Section 61-641 - OVERCHARGE — REPARATION.

61-641. OVERCHARGE — REPARATION. When complaint has been made to the commission concerning any rate, fare, toll, rental or charge for any product, or commodity, furnished or service performed by any public utility, and the commission has found, after investigation, that the public utility has charged an excessive or discriminatory amount for such product, commodity or service, the commission may order that the public utility make due reparation to the complainant therefor, with interest from the date of collection: provided, no discrimination will result from such reparation.
History:
[(61-641) 1913, ch. 61, sec. 67a, p. 248; reen. C.L. 106:147; C.S., sec. 2515; I.C.A., sec. 59-641.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 6 - PROCEDURE BEFORE COMMISSION AND IN COURTS › Section 61-642 - OVERCHARGE — RECOVERY OF PAYMENT.

61-642. OVERCHARGE — RECOVERY OF PAYMENT. If the public utility does not comply with the order for the payment or reparation within the time specified in such order, suit may be instituted in any court of competent jurisdiction to recover the same. All complaints concerning excessive or discriminatory charges shall be filed with the commission within three (3) years from the time the cause of action accrues, and the petition for the enforcement of the order shall be filed in the court within one (1) year from the date of the order of the commission. The remedy in this section provided shall be cumulative and in addition to any other remedy or remedies in this act provided in case of failure of a public utility to obey an order or decision of the commission.
History:
[(61-642) 1913, ch. 61, sec. 67b, p. 248; reen. C.L. 106:148; C.S., sec. 2516; I.C.A., sec. 59-642; am. 1965, ch. 215, sec. 1, p. 498.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 7 - PUBLIC UTILITIES LAW — ENFORCEMENT, PENALTIES, AND INTERPRETATION › Section 61-701 - ENFORCEMENT OF LAW.

61-701. ENFORCEMENT OF LAW. It is hereby made the duty of the commission to see that the provisions of the constitution and statutes of this state affecting public utilities, the enforcement of which is not specifically vested in some other officer or tribunal, are enforced and obeyed, and that violations thereof are promptly prosecuted and penalties due the state therefor recovered and collected and to this end it may sue in the name of the people of the state of Idaho. Upon the request of the commission, it shall be the duty of the attorney general or the prosecuting attorney of the proper county, to aid in any investigation, hearing or trial had under the provisions of this act and to institute and prosecute actions or proceedings for the enforcement of the provisions of the constitution and statutes of this state affecting the public utilities and for the punishment of all violations thereof.
History:
[(61-701) 1913, ch. 61, sec. 68, p. 248; reen. C.L. 106:149; C.S., sec. 2517; I.C.A., sec. 59-701.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 7 - PUBLIC UTILITIES LAW — ENFORCEMENT, PENALTIES, AND INTERPRETATION › Section 61-702 - NONCOMPLIANCE WITH LAW — LIABILITY FOR DAMAGE.

61-702. NONCOMPLIANCE WITH LAW — LIABILITY FOR DAMAGE. In case any public utility shall do, cause to be done or permit to be done, any act, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or thing required to be done, either by the constitution, any law of this state, or any order or decision of the commission, according to the terms of this act, such public utility shall be liable to the persons or corporations affected thereby for all loss, damages or injury caused thereby or resulting therefrom. An action to recover such loss, damage or injury may be brought in any court of competent jurisdiction by any corporation or person.
History:
[(61-702) 1913, ch. 61, sec. 69, p. 248; reen. C.L. 106:150; C.S., sec. 2518; I.C.A., sec. 59-702.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 7 - PUBLIC UTILITIES LAW — ENFORCEMENT, PENALTIES, AND INTERPRETATION › Section 61-703 - REMEDIES HEREUNDER NOT EXCLUSIVE.

61-703. REMEDIES HEREUNDER NOT EXCLUSIVE. This act shall not have the effect to release or waive any right of action by the state, the commission or any corporation or any person for any right, penalty or forfeiture which may have arisen or accrued or may hereafter arise or accrue under any law of this state.
History:
[(61-703) 1913, ch. 61, sec. 70a, p. 248; reen. C.L. 106:151; C.S., sec. 2519; I.C.A., sec. 59-703.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 7 - PUBLIC UTILITIES LAW — ENFORCEMENT, PENALTIES, AND INTERPRETATION › Section 61-704 - PENALTIES CUMULATIVE.

61-704. PENALTIES CUMULATIVE. All penalties accruing under this act shall be cumulative of each other, and a suit for the recovery of one (1) penalty shall not be a bar to or affect the recovery of any other penalty or forfeiture or be a bar to any criminal prosecution against any public utility, or any officer, director, agent or employee thereof, or any other corporation or person.
History:
[(61-704) 1913, ch. 61, sec. 70b, p. 248; reen. C.L. 106:152; C.S., sec. 2520; I.C.A., sec. 59-704.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 7 - PUBLIC UTILITIES LAW — ENFORCEMENT, PENALTIES, AND INTERPRETATION › Section 61-705 - SUMMARY PROCEEDINGS BY COMMISSION.

61-705. SUMMARY PROCEEDINGS BY COMMISSION. Whenever the commission shall be of the opinion that any public utility is failing or omitting or about to fail or omit, to do anything required of it by law, or by any order, decision, rule, direction or requirement of the commission under the provisions of this act, or is doing anything or about to do anything, or permitting anything or about to permit anything to be done, contrary to or in violation of law or of any order, decision, rule, direction or requirement of the commission, under the provisions of this act, it shall direct the attorney of the commission to commence an action or proceeding in the district court in and for the county, or city and county, in which the cause or some part thereof arose, or in which the corporation complained of, if any, has its principal place of business, or in which the person, if any, complained of, resides, in the name of the people of the state of Idaho, for the purpose of having such violations or threatened violations stopped and prevented, either by mandamus or injunction.
The attorney of the commission shall thereupon begin such action or proceeding by petition to such district court, alleging the violation or threatened violation complained of and praying for appropriate relief by way of mandamus or injunction.
It shall thereupon be the duty of the court to specify a time not exceeding twenty (20) days, after the service of the copy of the petition, within which the public utility complained of must answer the petition, and in the meantime said public utility may be restrained. In case of default in answer, or after answer, the court shall immediately inquire into the facts and circumstances of the case. Such corporations or persons as the court may deem necessary or proper to be joined as parties in order to make its judgment, order or writ effective, may be joined as parties. The final judgment in such action or proceedings shall either dismiss the action or proceeding or direct that the writ of mandamus or injunction issue or be made permanent as prayed for in the petition, or in such modified or other form as will afford appropriate relief.
An appeal may be taken to the Supreme Court from such final judgment in the same manner and with the same effect, subject to the provisions of this act, as appeals are taken from judgments of the district court in other actions for mandamus or injunction.
History:
[(61-705) 1913, ch. 61, sec. 71, p. 248; reen. C.L. 106:153; C.S., sec. 2521; I.C.A., sec. 59-705.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 7 - PUBLIC UTILITIES LAW — ENFORCEMENT, PENALTIES, AND INTERPRETATION › Section 61-706 - PENALTY FOR VIOLATION.

61-706. PENALTY FOR VIOLATION. Any public utility which violates or fails to comply with any provisions of the constitution of this state or of this act, or which fails, omits or neglects to obey, observe or comply with any order, decision, decree, rule, direction, demand or requirement or any part or provision thereof, of the commission, under the provisions of this act, in a case in which a penalty has not hereinbefore been provided for, such public utility is subject to a penalty of not more than $2000 for each and every offense.
History:
[(61-706) 1913, ch. 61, sec. 72a, p. 248; compiled and reen. C.L. 106:154; C.S., sec. 2522; I.C.A., sec. 59-706.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 7 - PUBLIC UTILITIES LAW — ENFORCEMENT, PENALTIES, AND INTERPRETATION › Section 61-707 - CONTINUING VIOLATION.

61-707. CONTINUING VIOLATION. Every violation of the provisions of this act or of any order, decision, decree, rule, direction, demand or requirement of the commission, under the provisions of this act, or any part or portion thereof, by any public utility, corporation or person is a separate and distinct offense, and in case of a continuing violation each day’s continuance thereof shall be and be deemed to be a separate and distinct offense.
History:
[(61-707) 1913, ch. 61, sec. 72b, p. 248; reen. C.L. 106:155; C.S., sec. 2523; I.C.A., sec. 59-707.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 7 - PUBLIC UTILITIES LAW — ENFORCEMENT, PENALTIES, AND INTERPRETATION › Section 61-708 - RESPONSIBILITY FOR VIOLATION BY EMPLOYEES.

61-708. RESPONSIBILITY FOR VIOLATION BY EMPLOYEES. In construing and enforcing the provisions of this act relating to penalties, the act, omission or failure of any officer, agent or employee of any public utility, acting within the scope of his official duties or employment, shall in every case be and be deemed to be the act, omission or failure of such public utility.
History:
[(61-708) 1913, ch. 61, sec. 72c, p. 248; reen. C.L. 106:156; C.S., sec. 2524; I.C.A., sec. 59-708.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 7 - PUBLIC UTILITIES LAW — ENFORCEMENT, PENALTIES, AND INTERPRETATION › Section 61-709 - PENALTY FOR VIOLATIONS BY OFFICERS AND EMPLOYEES.

61-709. PENALTY FOR VIOLATIONS BY OFFICERS AND EMPLOYEES. Every officer, agent or employee of any public utility, who violates or fails to comply with, or who procures, aids or abets any violation by any public utility of any provision of the constitution of this state or of this act, or who fails to obey, observe or comply with any order, decision, rule, direction, demand or requirement or any part or provision thereof, of the commission under the provisions of this act, or who procures, aids or abets any public utility in its failure to obey, observe and comply with any such order, decision, rule, direction, demand or requirement, or any part or provision thereof, in a case in which a penalty has not hereinbefore been provided for, such officer, agent or employee, is guilty of a misdemeanor and is punishable by a fine not exceeding $1000, or by imprisonment in a county jail not exceeding one (1) year, or by both such fine and imprisonment.
History:
[(61-709) 1913, ch. 61, sec. 73, p. 248; reen. C.L. 106:157; C.S., sec. 2525; I.C.A., sec. 59-709.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 7 - PUBLIC UTILITIES LAW — ENFORCEMENT, PENALTIES, AND INTERPRETATION › Section 61-710 - PENALTY FOR VIOLATIONS BY CORPORATION OTHER THAN A PUBLIC UTILITY.

61-710. PENALTY FOR VIOLATIONS BY CORPORATION OTHER THAN A PUBLIC UTILITY. Every corporation, other than a public utility, which violates any of the provisions of this act, or which fails to obey, observe or comply with any order, decision, rule, direction, demand or requirement or any part or provision thereof, of the commission under the provisions of this chapter, in a case in which a penalty has not hereinbefore been provided for, such corporation is subject to a penalty of not more than $2000 for each and every offense.
History:
[(61-710) 1913, ch. 61, sec. 74, p. 248; reen. C.L. 106:158; C.S., sec. 2526; I.C.A., sec. 59-710.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 7 - PUBLIC UTILITIES LAW — ENFORCEMENT, PENALTIES, AND INTERPRETATION › Section 61-711 - PENALTY FOR VIOLATION BY EMPLOYEE OF CORPORATION OTHER THAN A PUBLIC UTILITY.

61-711. PENALTY FOR VIOLATION BY EMPLOYEE OF CORPORATION OTHER THAN A PUBLIC UTILITY. Every person who, either individually, or acting as an officer, agent or employee of a corporation other than a public utility, violates any provision of this act, or fails to observe, obey or comply with any order, decision, rule, direction, demand or requirement, or any part or portion thereof, of the commission under the provisions of this act, or who procures, aids or abets any such public utility in its violation of this act, or in its failure to obey, observe or comply with any such order, decision, rule, direction, demand or requirement, or any part or portion thereof, in a case in which a penalty has not hereinbefore been provided for is guilty of a misdemeanor, and is punishable by a fine not exceeding $1,000, or by imprisonment in a county jail not exceeding one (1) year, or by both such fine and imprisonment.
History:
[(61-711) 1913, ch. 61, sec. 75, p. 248; reen. C.L. 106:159; C.S., sec. 2527; I.C.A., sec. 59-711.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 7 - PUBLIC UTILITIES LAW — ENFORCEMENT, PENALTIES, AND INTERPRETATION › Section 61-712 - ACTION TO RECOVER PENALTIES — DISPOSITION OF FINES.

61-712. ACTION TO RECOVER PENALTIES — DISPOSITION OF FINES. Actions to recover penalties under this act shall be brought in the name of the state of Idaho, in the district court in and for the county in which the cause of action or some part thereof arose, or in which the corporation complained of, if any, has its principal place of business, or in which the person, if any, complained of, resides. Such action shall be commenced and prosecuted to final judgment by the attorney of the commission. In any such action, all penalties incurred up to the time of commencing the same may be sued for and recovered. In all such actions, the procedure and rules of evidence shall be the same as in ordinary civil actions, except as otherwise herein provided. All fines and penalties recovered by the state in any such action, together with the costs thereof, shall be paid into the state treasury to the credit of the general fund. Any such action may be compromised or discontinued on application of the commission upon such terms as the court shall approve and order.
History:
[(61-712) 1913, ch. 61, sec. 76, p. 248; reen. C.L. 106:160; C.S., sec. 2528; I.C.A., sec. 59-712.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 7 - PUBLIC UTILITIES LAW — ENFORCEMENT, PENALTIES, AND INTERPRETATION › Section 61-712A - CIVIL PENALTY FOR VIOLATION.

61-712A. CIVIL PENALTY FOR VIOLATION. Any person who violates or fails to comply with, or who procures, aids or abets any violation of title 61, Idaho Code, governing safety of pipeline facilities and the transportation of gas, or of any order, decision, rule or regulation duly issued by the Idaho public utilities commission governing the safety of pipeline facilities and the transportation of gas, shall be subject to a civil penalty of not to exceed two thousand dollars ($2,000) for each violation for each day that the violation persists. However, the maximum civil penalty shall not exceed two hundred thousand dollars ($200,000) for any related series of violation.
History:
[61-712A, added 1970, ch. 7, sec. 1, p. 11.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 7 - PUBLIC UTILITIES LAW — ENFORCEMENT, PENALTIES, AND INTERPRETATION › Section 61-712B - COMPROMISE OF CIVIL PENALTY.

61-712B. COMPROMISE OF CIVIL PENALTY. Any civil penalty may be compromised by the Idaho public utilities commission. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, shall be considered. The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the state to the person charged or may be recovered in a civil action in the state courts.
History:
[61-712B, added 1970, ch. 7, sec. 2, p. 11.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 7 - PUBLIC UTILITIES LAW — ENFORCEMENT, PENALTIES, AND INTERPRETATION › Section 61-713 - SEPARABILITY.

61-713. SEPARABILITY. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional.
History:
[(61-713) 1913, ch. 61, sec. 78, p. 248; reen. 1915, ch. 105, sec. 1, p. 246; compiled and reen. C.L. 106:161; C.S., sec. 2529; I.C.A., sec. 59-713.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 7 - PUBLIC UTILITIES LAW — ENFORCEMENT, PENALTIES, AND INTERPRETATION › Section 61-714 - FOREIGN AND INTERSTATE COMMERCE.

61-714. FOREIGN AND INTERSTATE COMMERCE. Neither this act, nor any provision thereof, except when specifically so stated, shall apply or be construed to apply to commerce with foreign nations or commerce among the several states of the union, except in so far as the same may be permitted under the provisions of the Constitution of the United States and the acts of congress.
History:
[(61-714) 1913, ch. 61, sec. 79, p. 248; reen. C.L. 106:162; C.S., sec. 2530; I.C.A., sec. 59-714.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 8 - STRAY CURRENT AND VOLTAGE REMEDIATION ACT › Section 61-801 - LEGISLATIVE FINDINGS AND PURPOSES.

61-801. LEGISLATIVE FINDINGS AND PURPOSES. The legislature of the state of Idaho finds that the efficient and safe distribution of electricity is critical to the well-being of the citizens and the economy of the state, including the business of agriculture, and that this enactment is necessary for the protection of the public welfare and benefit. The legislature also finds that the potential impact of stray current or voltage on dairy cows is a matter of interest and concern to dairy producers with dairies situated near and served by a multi-grounded wye electrical distribution system, which is the type of distribution system used by utilities in this state. Scientific research has established a level of stray current or voltage, at or below which no effect on a dairy cow’s behavior, health or milk production has been shown. To provide for the continued, safe and efficient availability of electricity while addressing complaints regarding stray current or voltage, it is necessary and appropriate to: establish a uniform preventive action level; establish uniform procedures and protocols for measurements of stray current or voltage; require, when necessary, that the sources of stray current or voltage be identified; require, when necessary, adequate remediation; and establish procedures for handling complaints.
History:
[61-801, added 2005, ch. 189, sec. 1, p. 578.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 8 - STRAY CURRENT AND VOLTAGE REMEDIATION ACT › Section 61-802 - DEFINITIONS.

61-802. DEFINITIONS. As used in this chapter, unless the context otherwise requires:
(1) "Adequate remediation" means corrective action by a utility which results in, and is reasonably likely to sustain, a reduction of stray current or voltage attributable to the utility’s distribution system of fifty percent (50%) or less of the preventive action level.
(2) "Commission" means the Idaho public utilities commission as established pursuant to section 61-201, Idaho Code.
(3) "Cow contact points" means any two (2) electrically conductive points which a dairy cow may, in its normal environment, unavoidably and simultaneously contact.
(4) "Preventive action level" is stray current or voltage that is either:
(a) A steady-state, root mean square (rms), alternating current (AC) of 2.0 milliamp (mA) or more through a 500 ohm resistor connected between cow contact points, as measured by a true rms meter; or
(b) A steady-state, rms, AC voltage of 1.0 volts or more, across (in parallel with) a 500 ohm resistor connected between cow contact points, as measured by a true rms meter.
(5) "Steady-state" is the value of a current or voltage after an amount of time where all transients have decayed to a negligible value.
(6) "Stray current or voltage" is:
(a) Any steady-state, 60 hertz (Hz) (including harmonics thereof), root mean square (rms), alternating current (AC) of less than 20 milliamp (mA) through a 500 ohm resistor connected between cow contact points, as measured by a true rms meter; or
(b) Any steady-state, 60 Hz (including harmonics thereof), rms, AC voltage of less than 10 volts, across (in parallel with) a 500 ohm resistor connected between cow contact points, as measured by a true rms meter. Stray current or voltage is a normal, inherent and unavoidable result of electricity traveling through grounded electrical systems, including a dairy producer’s on-farm system and a utility’s distribution system, which systems are required by the national electrical code and the national electrical safety code to be grounded to the earth to ensure continuous safety and reliability.
(7) "Utility" means a public utility as defined in section 61-332A, Idaho Code.
History:
[61-802, added 2005, ch. 189, sec. 1, p. 578.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 8 - STRAY CURRENT AND VOLTAGE REMEDIATION ACT › Section 61-803 - RULES.

61-803. RULES. Within six (6) months of the effective date of this chapter, the commission shall promulgate temporary rules and proposed rules, referred to collectively in this chapter as "commission rules," establishing uniform procedures and protocols for the measurement of stray current or voltage. The commission shall review the rules from time to time, or upon petition to the commission, to ensure that the uniform procedures and protocols continue to be the most scientifically and technologically accurate and reliable means of detecting stray current or voltage. If the commission determines that it is appropriate to revise the rules because of advances in science or technology, it is encouraged to do so by the adoption of temporary rules which would confer a benefit on utilities and dairy producers by making better science available for the measurement of stray current or voltage. Any measurements of stray current or voltage not made in compliance with commission rules shall be inadmissible before the commission or in any civil action. The commission rules shall be applicable to dairy producers, utilities, and all persons or entities involved in any way in the measurement or remediation of stray current or voltage in this state.
History:
[61-803, added 2005, ch. 189, sec. 1, p. 579.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 8 - STRAY CURRENT AND VOLTAGE REMEDIATION ACT › Section 61-804 - CLAIM — NOTICE — RESPONSE OF UTILITY.

61-804. CLAIM — NOTICE — RESPONSE OF UTILITY. Any dairy producer in this state who claims that its dairy cows are being affected by any form or type of electrical energy allegedly attributable to a utility including, without limitation, stray current or voltage, shall, as a condition precedent to commencing any civil action against the utility, provide written notice thereof to the utility. The notice shall specify why the dairy producer believes its dairy cows are being affected by electrical energy attributable to the utility. Within fourteen (14) days of receipt of such notice, the utility shall take measurements at cow contact points at the dairy producer’s dairy to identify the existence and magnitude of stray current or voltage, if any. If the utility finds a level of stray current or voltage at cow contact points in excess of the preventive action level, the utility shall thereafter promptly identify that portion, if any, of the stray current or voltage that is attributable to the utility’s distribution system. If that portion of the stray current or voltage at cow contact points attributable to the utility’s distribution system exceeds fifty percent (50%) of the preventive action level, the utility shall, within five (5) business days, commence and diligently pursue to completion, remedial procedures which shall reduce, and are reasonably likely to sustain, that portion of the stray current or voltage at cow contact points attributable to the utility’s distribution system to fifty percent (50%) or less of the preventive action level.
History:
[61-804, added 2005, ch. 189, sec. 1, p. 579.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 8 - STRAY CURRENT AND VOLTAGE REMEDIATION ACT › Section 61-806 - COMMISSION — RULES OF PRACTICE AND PROCEDURE.

61-806. COMMISSION — RULES OF PRACTICE AND PROCEDURE. In all matters arising under this chapter which are submitted to the commission for decision, order or review, procedure shall be governed by the commission rules of practice and procedure.
History:
[61-806, added 2005, ch. 189, sec. 1, p. 581.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 8 - STRAY CURRENT AND VOLTAGE REMEDIATION ACT › Section 61-807 - CIVIL ACTIONS.

61-807. CIVIL ACTIONS. No civil action may be commenced by a dairy producer against a utility seeking damages or other relief allegedly due to injury caused by stray current or voltage unless the dairy producer has complied with the provisions of section 61-804, Idaho Code, and the commission has issued an order pursuant to section 61-805, Idaho Code. In any civil action against a utility for damages or other relief, after the dairy producer has complied with the provisions of section 61-804, Idaho Code, and the commission has issued an order pursuant to section 61-805, Idaho Code, the commission’s order shall be admissible in evidence in such civil action.
History:
[61-807, added 2005, ch. 189, sec. 1, p. 581.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 8 - STRAY CURRENT AND VOLTAGE REMEDIATION ACT › Section 61-808 - DAMAGES.

61-808. DAMAGES. In any civil action against a utility for damages pursuant to this chapter, a dairy producer shall be limited to those damages which (a) were incurred by the dairy producer during that period of time commencing twelve (12) months prior to the dairy producer’s provision of notice to the utility and ending on the date of completion of adequate remediation, and (b) were caused by that portion of the stray current or voltage attributable to the utility’s distribution system.
History:
[61-808, added 2005, ch. 189, sec. 1, p. 581.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 8 - STRAY CURRENT AND VOLTAGE REMEDIATION ACT › Section 61-809 - LIMITATION OF CLAIMS.

61-809. LIMITATION OF CLAIMS. No claim for nuisance may be asserted against a utility for damages due to stray current or voltage. Claims against a utility for damages due to stray current or voltage shall be limited to claims of negligence, including in the case of a prior determination of the commission pursuant to subsections (3) or (4) of section 61-805, Idaho Code, negligence per se. In determining whether the utility was negligent, the utility’s conduct shall be judged using a standard of ordinary care under the existing circumstances.
History:
[61-809, added 2005, ch. 189, sec. 1, p. 581.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 9 - ISSUANCE OF SECURITIES BY PUBLIC UTILITIES › Section 61-901 - ELECTRIC, TELEPHONE, WATER AND GAS UTILITIES — ISSUANCE OF SECURITIES AUTHORIZED — LIENS — PLEDGES — PURPOSES — TERMS — SUPERVISION AND CONTROL OF PUBLIC UTILITIES COMMISSION.

61-901. ELECTRIC, TELEPHONE, WATER AND GAS UTILITIES — ISSUANCE OF SECURITIES AUTHORIZED — LIENS — PLEDGES — PURPOSES — TERMS — SUPERVISION AND CONTROL OF PUBLIC UTILITIES COMMISSION. The right of every public utility, as defined in section 61-129, Idaho Code, furnishing electric, telephone, water or gas service in the state of Idaho, to issue, assume or guarantee securities and to issue mortgages, deeds of trust or other instruments of security with respect to its property situated within the state of Idaho, is hereby subjected to the regulation and supervision of the public utilities commission of the state of Idaho, as hereinafter set forth in this act. Such public utility when authorized by order of the commission and not otherwise, may issue stocks and stock certificates and may issue, assume or guarantee bonds or other securities payable at periods of more than twelve (12) months after the date thereof, for the following purposes; for the acquisition of property; for the construction, completion, extension or improvement of its facilities; for the improvement or maintenance of its service; for the discharge or lawful refunding of its obligations; for the reimbursement of moneys actually expended for said purposes from income or from other moneys in the treasury not secured by or obtained from the issue, assumption or guarantee of securities; or for any other purpose approved by the commission, provided, however, this section shall not apply to any telephone corporation when three-fourths (3/4) or more of the total gross revenue of such corporation is derived from sources outside the state of Idaho.
History:
[61-901, added 1951, ch. 143, sec. 1, p. 333; am. 1961, ch. 130, sec. 1, p. 190.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 9 - ISSUANCE OF SECURITIES BY PUBLIC UTILITIES › Section 61-902 - PETITION FOR AUTHORITY — NOTICE AND HEARING — ORDER — REFUND.

61-902. PETITION FOR AUTHORITY — NOTICE AND HEARING — ORDER — REFUND. Such public utility shall, by written petition, filed with the commission and setting forth the pertinent facts involved, make application to the commission for an order authorizing the proposed issue, assumption or guarantee of securities, and the application of the proceeds therefrom for the purpose specified in such application. The commission shall, after such hearing and upon such notice as the commission may prescribe, enter its written order approving the petition and authorizing the proposed securities transactions, unless the commission, for good cause shown, shall find: That such transactions are inconsistent with the public interest and not necessary or appropriate for or consistent with the proper performance by applicant of service as a public utility; or that the purpose or purposes thereof are not permitted by this act.
History:
[61-902, added 1951, ch. 143, sec. 1, p. 333.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 9 - ISSUANCE OF SECURITIES BY PUBLIC UTILITIES › Section 61-903 - SECURITIES WHICH MAY BE ISSUED WITHOUT ORDER OF COMMISSION.

61-903. SECURITIES WHICH MAY BE ISSUED WITHOUT ORDER OF COMMISSION. Such public utility may issue securities, other than stock or stock certificates, payable at periods of not more than twelve (12) months after date of issuance of the same, secured or unsecured, and aggregating (together with all other then outstanding notes and drafts of a maturity of one (1) year or less on which such public utility is primarily or secondarily liable) not more than five per cent (5%) of the par value or, in the case of securities having no par value, the fair market value of the other securities of the public utility then outstanding, without application to or order of the commission, but no such securities so issued shall in whole or in part be refunded by any issue of stocks, stock certificates or other securities having a maturity of more than twelve (12) months, except on application to and approval of the commission.
History:
[61-903, added 1951, ch. 143, sec. 1, p. 333.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 9 - ISSUANCE OF SECURITIES BY PUBLIC UTILITIES › Section 61-904 - PETITIONS — PROMPT DISPOSITION — CONTINUANCES.

61-904. PETITIONS — PROMPT DISPOSITION — CONTINUANCES. All applications for the issuance, assumption or guarantee of securities shall be disposed of promptly, and within thirty (30) days after petition is filed with the commission unless it is necessary, for good cause, to continue same for a longer period. Whenever such application is continued beyond thirty (30) days after the time it is filed, the commission shall enter an order making such continuance and stating fully the facts necessitating same.
History:
[61-904, added 1951, ch. 143, sec. 1, p. 333.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 9 - ISSUANCE OF SECURITIES BY PUBLIC UTILITIES › Section 61-905 - FEES TO BE PAID.

61-905. FEES TO BE PAID. Prior to the issuance of an order and security authorization under this act, the commission shall require the payment of a fee by the applicant in the amount of one dollar ($1.00) for each one thousand dollars ($1,000) of the aggregate principal amount or par or stated value of the security or securities involved up to one hundred thousand dollars ($100,000), and twenty-five cents (25¢) for each one thousand dollars ($1,000) over one hundred thousand dollars ($100,000) and up to one million dollars ($1,000,000), and ten cents (10¢) for each one thousand dollars ($1,000) over one million dollars ($1,000,000), provided, that only twenty-five per cent (25%) of the amount of the fee determined as hereinabove specified shall be payable on such portion of any issue of securities as may be for the purpose of guaranteeing, taking over, refunding, discharging, replacing or retiring any security on which a fee was previously paid to the commission under this act; and provided further, that if the property of the public utility proposing to issue such securities shall be located in part in the state of Idaho and in part in some other state or states, only such percentage of the amount of the fee determined as hereinabove specified shall be payable as the percentage ratio of the book value of such property located in the state of Idaho shall bear to the total book value of the property of such public utility, said book values to be determined as of the close of the preceding calendar year. Provided, however, that in no event shall the fee be less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000) per application.
History:
[61-905, added 1951, ch. 143, sec. 1, p. 333; am. 1974, ch. 88, sec. 1, p. 1184.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 9 - ISSUANCE OF SECURITIES BY PUBLIC UTILITIES › Section 61-906 - NO LIABILITY ON PART OF STATE.

61-906. NO LIABILITY ON PART OF STATE. No provision of this act, or any act or deed done or performed in connection therewith, shall be construed to obligate the state of Idaho to pay or guarantee in any manner whatsoever any security authorized, issued, assumed or guaranteed under the provisions of this act.
History:
[61-906, added 1951, ch. 143, sec. 1, p. 333.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 9 - ISSUANCE OF SECURITIES BY PUBLIC UTILITIES › Section 61-907 - ACT SUPERIOR TO ALL LAWS.

61-907. ACT SUPERIOR TO ALL LAWS. Wherever any provisions of the existing laws of the state of Idaho, or of any laws enacted at the thirty-first session of the legislature of the state of Idaho, are in conflict with the provisions of this act, it is the declared intention of the legislature that the provisions of this act shall control and supersede all conflicting provisions of any such laws.
History:
[61-907, added 1951, ch. 143, sec. 1, p. 333.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 9 - ISSUANCE OF SECURITIES BY PUBLIC UTILITIES › Section 61-908 - SAVING CLAUSE.

61-908. SAVING CLAUSE. If any part or parts of this act shall be adjudged by the courts to be unconstitutional or invalid, the same shall not affect the validity of any part or parts thereof which can be given effect without the part or parts adjudged to be unconstitutional or invalid.
History:
[61-908, added 1951, ch. 143, sec. 1, p. 333.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 9 - ISSUANCE OF SECURITIES BY PUBLIC UTILITIES › Section 61-909 - EXEMPTIONS.

61-909. EXEMPTIONS. The commission may from time to time by order or rule, and subject to such terms and conditions as may be prescribed therein, exempt any security or any class of securities for which an application is required under this chapter or any public utility or class of public utility from the provisions of this chapter if it finds that the application thereof to such security, class of securities, public utility or class of public utility is not required by the public interest.
History:
[61-909, added 1997, ch. 239, sec. 1, p. 700.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 10 - SPECIAL REGULATORY FEE › Section 61-1001 - ANNUAL FEES PAYABLE TO COMMISSION BY PUBLIC UTILITIES — PURPOSE.

61-1001. ANNUAL FEES PAYABLE TO COMMISSION BY PUBLIC UTILITIES — PURPOSE. Each public utility and each railroad corporation, subject to the jurisdiction of the commission, and subject to the provisions of this act, shall pay to the commission in each year, a special regulatory fee in such amount as the commission shall find and determine to be necessary, together with the amount of all other fees paid or payable to the commission by each such public utility and railroad corporation in the current calendar year, to defray the amount to be expended by the commission for expenses in supervising and regulating the public utilities and railroad corporations subject to its jurisdiction.
History:
[61-1001, added 1955, ch. 177, sec. 1, p. 362; am. 1959, ch. 80, sec. 1, p. 179; am. 1975, ch. 135, sec. 1, p. 297; am. 1981, ch. 74, sec. 1, p. 106; am. 1999, ch. 289, sec. 2, p. 716; am. 1999, ch. 383, sec. 14, p. 1067.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 10 - SPECIAL REGULATORY FEE › Section 61-1003 - RETURNS — FORMS AND PREPARATION — TIME OF FILING AND FIRST FEE PAYMENT.

61-1003. RETURNS — FORMS AND PREPARATION — TIME OF FILING AND FIRST FEE PAYMENT. On or before April 1st of each year, each public utility and railroad corporation subject to the jurisdiction of the commission, shall file with the commission a return verified by an officer or agent of the public utility or railroad corporation involved, showing its gross operating revenues from its intrastate utility or railroad business in Idaho for the preceding calendar year during which it carried on such intrastate utility or railroad business. Such return shall be in such form and detail as the commission may prescribe and shall be subject to audit by the commission.
The first return hereunder shall set forth the gross operating revenues derived from intrastate utility or railroad business during the calendar year 1954. The first quarter biennium installment of fees due on the 1955-1956 fiscal appropriation shall be made on or before May 15, 1955, and semiannually thereafter as provided in section 61-1005 of this act.
History:
[61-1003, added 1955, ch. 177, sec. 1, p. 362; am. 1959, ch. 80, sec. 3, p. 179.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 10 - SPECIAL REGULATORY FEE › Section 61-1004 - DUTIES OF COMMISSION — FEES — DETERMINATION — MAXIMUM AND MINIMUM FEES.

61-1004. DUTIES OF COMMISSION — FEES — DETERMINATION — MAXIMUM AND MINIMUM FEES. On or before April 15th of each year the commission shall determine the proportionate assessment that all railroad corporations, and all other public utilities subject to the jurisdiction of the commission, shall bear to the amount which will be required to defray the expense of the commission for supervision and regulation of such railroad corporations and other public utilities during the ensuing fiscal year; such determination shall be based upon a consideration of the time and expense devoted to the supervision and regulation of each such class of railroad corporations and other public utilities during the preceding calendar year, including salaries and wages of the commissioners and employees and all other necessary and lawful expenditures of the commission. Thereupon the commission shall apportion the assessment thus determined to be required of all railroad corporations and all other public utilities, to each such class thereof, respectively, in proportion to their respective gross operating revenues derived from intrastate utility business in Idaho for the preceding calendar year, except that the maximum fee payable shall not exceed:
(1) In the case of railroad corporations, one percent (1%) of the gross operating revenues derived from the intrastate utility business of each railroad corporation; and
(2) In the case of all other public utilities except pipeline corporations, three-tenths (3/10) of one percent (1%) of the gross operating revenues derived from the intrastate utility business of each such public utility.
(3) In the case of pipeline corporations, the fee payable shall be calculated to recover the commission’s time and expense devoted to the safety supervision and regulation of each pipeline corporation.
(4) In no case shall the fee be less than fifty dollars ($50.00).
(5) The commission shall make such assessment of the fees so determined by orders duly made and entered on its minutes.
History:
[61-1004, added 1955, ch. 177, sec. 1, p. 362; am. 1959, ch. 80, sec. 4, p. 179; am. 1972, ch. 148, sec. 5, p. 319; am. 1975, ch. 135, sec. 3, p. 297; am. 1989, ch. 87, sec. 1, p. 150; am. 1999, ch. 289, sec. 3, p. 716; am. 2012, ch. 72, sec. 3, p. 208.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 10 - SPECIAL REGULATORY FEE › Section 61-1005 - PAYMENT OF FEES — TIME AND MANNER — PROCEDURE ON NONPAYMENT.

61-1005. PAYMENT OF FEES — TIME AND MANNER — PROCEDURE ON NONPAYMENT. On or before May 1st of each year, the commission shall notify each public utility and railroad corporation subject to the provisions of this act, by mail, of the amount of its fee for the ensuing fiscal year beginning July 1st, computed as in this act provided. Such fee shall be paid to the commission in equal semiannual installments on or before the 15th days of November and May in each fiscal year. If payment shall not be made on or before said respective dates, the installments so due shall bear interest at the rate of six per cent (6%) per annum until such time as the full amount of the installment shall have been paid. Upon failure, refusal or neglect of any public utility or railroad corporation to pay such fee the attorney general shall commence an action in the name of the state to collect the same.
History:
[61-1005, added 1955, ch. 177, sec. 1, p. 362; am. 1959, ch. 80, sec. 5, p. 179.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 10 - SPECIAL REGULATORY FEE › Section 61-1007 - OBJECTIONS TO FEES ASSESSED — PROCEDURE.

61-1007. OBJECTIONS TO FEES ASSESSED — PROCEDURE. If any public utility or railroad corporation subject to the provisions of this act claims the assessment made against it is erroneous, excessive, unlawful or invalid, it shall on or before the time specified for payment of the first installment of the assessment made against it, file with the commission its written objections to such assessment, setting out specifically the grounds upon which it claims said assessment to be erroneous, excessive, unlawful or invalid. The commission, upon receipt of any such objection, and after ten (10) days’ notice in writing to the objector, shall proceed to hold a hearing upon such objections within twenty (20) days after the date of such notice. Within twenty (20) days after such hearing, the commission shall make and enter its findings in its minutes and issue its order in accordance with said findings and forthwith transmit the same to the objector by registered mail. The commission shall refund any overpayment of any fees prescribed by this act and all claims for such refunds against the "Public Utilities Commission Fund" created by this act, shall be examined by the commission and certified by the president of the commission to the state controller, who shall, upon the approval of the board of examiners, draw his warrant against said "Public Utilities Commission Fund" for all such claims for refunds so allowed and approved.
History:
[61-1007, added 1955, ch. 177, sec. 1, p. 362; am. 1959, ch. 80, sec. 7, p. 179; am. 1994, ch. 180, sec. 148, p. 516.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 10 - SPECIAL REGULATORY FEE › Section 61-1008 - EXPENDITURE — PUBLIC UTILITIES COMMISSION FUND — CREATION — APPROPRIATION — DISPOSITION OF SURPLUS.

61-1008. EXPENDITURE — PUBLIC UTILITIES COMMISSION FUND — CREATION — APPROPRIATION — DISPOSITION OF SURPLUS. (1) At each regular session, the legislature shall determine the amount of money that may be expended by the public utilities commission during the next ensuing fiscal year.
(2) The state treasurer shall be custodian of the "public utilities commission fund," into which shall be paid and deposited all funds accruing or received under any and all provisions of this chapter, and all fees, licenses, charges, assessments, fines and penalties, now or hereafter payable to, collected or recovered by the commission under any other law of this state, and all funds otherwise appropriated or made available to said fund. All moneys from whatever source accruing to and received into said fund are hereby appropriated, within the limits of funds determined therefor by the legislature, for the payment of the administrative and maintenance expenses of the commission, including salaries and wages of the commissioners and employees, travel, supplies, equipment, fixed charges, refunds of fees and all other necessary expenses of the commission, not otherwise provided for. Moneys shall be paid out of the public utilities commission fund by the state treasurer only upon claim vouchers prepared and approved by the commission, certified by the president of the commission to the state controller who, after review as provided by law, shall draw his warrant against the public utilities commission fund for all such claims.
(3) Any moneys remaining in the public utilities commission fund at the end of any fiscal year, shall be retained in said fund for the use of the commission for the purposes specified in this chapter. Remaining funds shall be credited ratably by the commission to the respective railroad corporations and other public utilities according to the respective portions of such fees determined hereunder to be assessable against each such railroad corporation and other public utility, respectively, for the ensuing fiscal year. The respective fee assessed against each railroad corporation and public utility for such ensuing fiscal year shall be correspondingly reduced; provided that, only moneys paid under the provisions of this chapter by railroad corporations and other public utilities shall be considered in determining the surplus to be so credited by the commission.
History:
[61-1008, added 1955, ch. 177, sec. 1, p. 362; am. 1959, ch. 80, sec. 8, p. 179; am. 1994, ch. 180, sec. 149, p. 516; am. 1999, ch. 289, sec. 4, p. 717; am. 1999, ch. 383, sec. 16, p. 1068; am. 2003, ch. 32, sec. 32, p. 136.]