reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 14 - SINGLE COUNTY-WIDE HIGHWAY DISTRICTS › Section 40-1404B - VACANCIES — FILLING A MID-TERM VACANCY.

40-1404B. VACANCIES — FILLING A MID-TERM VACANCY. (1) Any vacancy occurring on the highway district board, other than by expiration of the term of office, shall be determined by the remaining highway district board using the criteria established in section 59-901, Idaho Code.
(2) If it is determined that a vacancy has occurred as provided in subsection (1) of this section, the remaining highway district board shall declare there is a vacancy and such vacancy shall be filled as herein provided:
(a) The remaining highway district board shall have thirty (30) days to appoint a person to fill the vacancy.
(b) If a majority of the remaining highway district board so constituted shall be unable to agree upon an appointment of a person to fill the vacancy before the expiration of the thirty (30) day period, the remaining highway district board shall submit a list of three (3) nominations to the governor within five (5) days.
(c) The governor shall fill the vacancy within ten (10) days by appointing a person having the qualifications set forth herein. In the event the remaining highway district board fails to submit a list of three (3) nominations as set forth in this section, the governor shall have an additional ten (10) days to fill the vacancy by appointing a person having the same qualifications at the time of the appointment as those provided by law for election to the office.
(3) The person selected shall be a person who possesses the same qualifications at the time of his appointment as those provided by law for election to the vacant office.
(4) The term of the appointment shall be for the balance of the term of the person replaced.
(5) Appointment pursuant to the provisions of this chapter shall be in writing and filed with the secretary of the highway district, the clerk of the county commissioners and the tax collector of the county.
(6) Any person appointed to fill a vacancy, after filing the official oath and qualifying for the official bond in accordance with the provisions of section 40-1405, Idaho Code, shall possess all the rights and powers, and is subject to all the liabilities, duties and obligations of the office filled.
History:
[40-1404B, added 2013, ch. 18, sec. 1, p. 28.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 14 - SINGLE COUNTY-WIDE HIGHWAY DISTRICTS › Section 40-1405 - ORGANIZATION OF DISTRICT — OFFICERS — OFFICIAL BONDS.

40-1405. ORGANIZATION OF DISTRICT — OFFICERS — OFFICIAL BONDS. (1) Immediately after appointment, the county-wide highway district commissioners shall meet and organize, elect a chairman from their number, and appoint a secretary and treasurer who may also be from their number, for terms fixed by them. The offices of secretary and treasurer may be filled by the same person. Certified copies of all appointments, under the hand of each of the commissioners, shall be filed with the clerk of the county commissioners and with the tax collector of the county.
(2) The officers of the highway district shall take and file with their secretary an oath for the faithful performance of the duties of their respective offices. Each highway commissioner and director shall execute an official bond in the sum of not less than five thousand dollars ($5,000). The treasurer on his appointment shall execute and file with the secretary an official bond in an amount of money equal to an amount that may come into his hands as treasurer. If a surety bond is given as provided in section 41-2604, Idaho Code, the bond need not exceed one hundred thousand dollars ($100,000), but in no case shall the amount of the bond be less than an amount set by the highway district commissioners.
History:
[40-1405, added 1985, ch. 253, sec. 2, p. 659.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 14 - SINGLE COUNTY-WIDE HIGHWAY DISTRICTS › Section 40-1406A - SUMMARIZATION OF ORDINANCES PERMITTED — REQUIREMENTS.

40-1406A. SUMMARIZATION OF ORDINANCES PERMITTED — REQUIREMENTS. (1) In lieu of publishing the entire ordinance under section 40-1406, Idaho Code, the highway district may publish a summary of the ordinance, which summary shall be approved by the governing body and which shall include:
(a) The name of the highway district;
(b) The formal identification or citation number of the ordinance;
(c) A descriptive title;
(d) A summary of the principal provisions of the ordinance, including penalties provided and the effective date;
(e) Any other information necessary to provide an accurate summary; and
(f) A statement that the full text is available at the highway district office.
(2) Notwithstanding subsection (1) of this section, whenever any publication is made under this section and the proposed or adopted ordinance contains legal descriptions or contains provisions regarding taxation or penalties concerning real property, those sections containing such information shall be published in full and shall not be summarized. In the case of a legal description of real property, the notice shall also include the street address or addresses of the property described, if any. In the case of a description covering one (1) or more street addresses, the street addresses of the corners of the area described shall meet this requirement. Maps may be substituted for a written legal description of property provided such maps contain sufficient detail to clearly define the area with which the ordinance is concerned.
(3) Before submission of a summary to a newspaper for publication under this section, the legal advisor of the highway district shall sign a statement, which shall be filed with the ordinance, that the summary is true and complete and provides adequate notice to the public.
(4) The full text of any ordinance which is summarized by publication under this section shall be promptly provided by the highway district clerk to any citizen on personal request.
History:
[40-1406A, added 2001, ch. 334, sec. 1, p. 1176.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 14 - SINGLE COUNTY-WIDE HIGHWAY DISTRICTS › Section 40-1407 - DISSOLUTION OF EXISTING DISTRICTS OR SYSTEMS — TRANSFER OF FUNDS.

40-1407. DISSOLUTION OF EXISTING DISTRICTS OR SYSTEMS — TRANSFER OF FUNDS. In any county where the electorate adopts a county-wide highway district under the provisions of this chapter and at the time of reorganization of the district, city highway systems, highway districts, and/or county highway systems already exist, the commissioners shall dissolve those districts or systems and transfer all funds to the reorganized county-wide highway district.
History:
[40-1407, added 1985, ch. 253, sec. 2, p. 660; am. 1988, ch. 221, sec. 3, p. 420.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 14 - SINGLE COUNTY-WIDE HIGHWAY DISTRICTS › Section 40-1408 - EXPENSE OF NOTICES AND DISSOLUTION PROCEEDINGS.

40-1408. EXPENSE OF NOTICES AND DISSOLUTION PROCEEDINGS. The expense of all notices and proceedings in relation to the dissolution of a city highway system, highway district and/or county highway system shall be chargeable to and borne by each respective city highway system, highway district and/or county highway system dissolved.
History:
[40-1408, added 1985, ch. 253, sec. 2, p. 660; am. 1988, ch. 221, sec. 4, p. 421.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 14 - SINGLE COUNTY-WIDE HIGHWAY DISTRICTS › Section 40-1409 - EXPENSES OF ELECTION.

40-1409. EXPENSES OF ELECTION. In all counties where elections are held under the provisions of this chapter, county commissioners shall pay expenses of the elections from the election fund of the county.
History:
[40-1409, added 1985, ch. 253, sec. 2, p. 660; am. 2009, ch. 341, sec. 78, p. 1042.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 14 - SINGLE COUNTY-WIDE HIGHWAY DISTRICTS › Section 40-1410 - EXISTING SYSTEMS AND DISTRICTS — TRANSFER — LIABILITY.

40-1410. EXISTING SYSTEMS AND DISTRICTS — TRANSFER — LIABILITY. (1) When a county-wide highway district has been adopted, all city highway systems, highway districts and county highway departments shall prepare an inventory and financial statement and file the statement with the commissioners not later than ten (10) days subsequent to the canvass of the election.
(2) Title to all machinery, buildings, lands and property of every kind and nature, belonging to each city highway system, highway district and county highway system shall immediately upon the dissolution of the system or district and without further conveyance, be vested in the commissioners as custodians, and immediately thereafter, as soon as may be practical, delivered to the succeeding county-wide highway district and the district shall be liable for any and all unliquidated obligations of dissolved city highway systems, highway districts or county highway systems.
History:
[40-1410, added 1985, ch. 253, sec. 2, p. 660; am. 1988, ch. 221, sec. 5, p. 421.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 14 - SINGLE COUNTY-WIDE HIGHWAY DISTRICTS › Section 40-1411 - APPORTIONMENT OF FUNDS TO PAY DEBTS OF DISSOLVED DISTRICTS.

40-1411. APPORTIONMENT OF FUNDS TO PAY DEBTS OF DISSOLVED DISTRICTS. Each year after its dissolution and until all indebtedness, including outstanding warrants of a dissolved system or district shall have been fully paid, it shall be the duty of the succeeding county-wide highway district in which the districts were situated, to apportion for the benefit of any dissolved county or city highway system, or highway district that portion of moneys arising out of the highway users’ moneys and the moneys from all other sources as the system or district would be entitled to receive had it not been dissolved. The treasurer of the succeeding county-wide highway district shall place the moneys to the credit of the county-wide district in a special fund in the county treasury with other funds belonging to the district, the funds to be used for payment of the dissolved system’s or district’s bonded or funded indebtedness.
History:
[40-1411, added 1985, ch. 253, sec. 2, p. 661.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 14 - SINGLE COUNTY-WIDE HIGHWAY DISTRICTS › Section 40-1412 - CONTROL OF BRIDGES AND HIGHWAYS IN DISSOLVED SYSTEMS AND DISTRICTS — SIDEWALKS — SPECIAL ASSESSMENTS.

40-1412. CONTROL OF BRIDGES AND HIGHWAYS IN DISSOLVED SYSTEMS AND DISTRICTS — SIDEWALKS — SPECIAL ASSESSMENTS. (1) After the dissolution of any county highway system, city highway system or highway district, the county-wide highway district of the county in which the dissolved system or district was situate, shall have the same control over all bridges and highways of the system or district as is vested in the commissioners, highway district commissioners or city councils as provided for in section 40-801, Idaho Code.
(2) A county-wide highway district may provide by general ordinance for the construction, repair, replacement or removal of sidewalks which are deemed by the highway district commissioners to be dangerous and unsafe, and assess the costs as provided in subsection (3) of this section to the property in front of which the same shall be constructed, repaired or laid.
(3) All special assessments levied to which the provisions of this chapter are made applicable shall be due and payable to the treasurer of the county-wide highway district, and if not paid within thirty (30) days after mailing of notification of assessment, shall be declared delinquent, be certified to the tax collector of the county by the district treasurer, and shall be placed by the tax collector upon the tax roll and collected in the same manner and subject to the same penalties as other taxes. All money received on special assessments shall be held by the treasurer as a special fund to be applied to the payment of the improvement for which the assessment was made, and the money shall be used for no other purpose than to reimburse the highway district for money expended for the improvement.
(4) The tax collector of the county shall pay on demand to the treasurer all money received by him arising from ad valorem taxes or assessments levied.
History:
[40-1412, added 1985, ch. 253, sec. 2, p. 661.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 14 - SINGLE COUNTY-WIDE HIGHWAY DISTRICTS › Section 40-1413 - BALANCE OF FUNDS OF DISSOLVED SYSTEM OR DISTRICT — DISPOSITION — NO FUNDS TO CITY.

40-1413. BALANCE OF FUNDS OF DISSOLVED SYSTEM OR DISTRICT — DISPOSITION — NO FUNDS TO CITY. (1) After final payment of all expenses of proceedings and of all legal claims, liabilities, bonded and other indebtedness in relation to dissolution of a dissolved system or district, and after liquidation and winding up of the affairs of the system or district, all surplus moneys of the dissolved district remaining in the special fund of the dissolved city highway system, highway district and/or county highway department shall immediately be delivered to the treasurer of the county-wide highway district.
(2) No city whose incorporated limits lie wholly or partially within the boundaries of a dissolved highway district shall be entitled to receive any share of the moneys of the dissolved highway district.
History:
[40-1413, added 1985, ch. 253, sec. 2, p. 661; am. 1988, ch. 221, sec. 6, p. 421.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 14 - SINGLE COUNTY-WIDE HIGHWAY DISTRICTS › Section 40-1414 - CREATION OF LOCAL IMPROVEMENT DISTRICTS.

40-1414. CREATION OF LOCAL IMPROVEMENT DISTRICTS. In addition to the powers granted to county-wide highway districts under the provisions of this chapter, the districts are empowered to create local improvement districts for construction, reconstruction and maintenance of highways and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads and retaining walls within the boundaries of the highway districts.
The organization and operation of the local improvement districts shall be as nearly as practicable as prescribed in chapter 17, title 50, Idaho Code.
History:
[40-1414, added 1985, ch. 253, sec. 2, p. 662.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 14 - SINGLE COUNTY-WIDE HIGHWAY DISTRICTS › Section 40-1416 - AUTHORIZATION FOR VOTERS TO APPROVE VEHICLE REGISTRATION FEE.

40-1416. AUTHORIZATION FOR VOTERS TO APPROVE VEHICLE REGISTRATION FEE. (1) Notwithstanding the provisions of section 49-207, Idaho Code, the voters of any county in which a countywide highway district is organized pursuant to chapter 14, title 40, Idaho Code, may authorize the countywide highway district to adopt a resolution by a majority vote of the countywide highway district commissioners to implement and collect a motor vehicle registration fee not to exceed two (2) times the amount established in section 49-402, Idaho Code. The authorization to adopt, implement, and collect a vehicle registration fee may be made by the registered voters of the county only at a general election held in even-numbered years, and a simple majority of the votes cast on the question shall be necessary to authorize the fee.
(2) In any election, the resolution submitted to the county voters shall:
(a) State the exact rate of the fee; and
(b) State the duration of the fee.
No rate shall be increased and no duration shall be extended without the approval of the voters, by the same simple majority of the votes cast.
An election to approve or disapprove the adoption of a vehicle registration fee may be called for by the adoption of a resolution by a majority vote of the countywide highway district commissioners. Any costs incurred to conduct the election for the district shall be paid by the county.
(3) Any countywide highway district authorized to adopt a resolution for a vehicle registration fee shall contract with the department for the collection, distribution, and administration of the fee in like manner, and under the definitions and rules for the collection and administration of other registration fees as set forth in chapter 4, title 49, Idaho Code. Monthly, following receipt by the department of revenues from the implementation of a vehicle registration fee, the department shall remit the same to the countywide highway district implementing such fee, less a deduction for such amount as may be agreed upon between the department and the commissioners of the countywide highway district, for the department’s actual costs for collection and administration of the fee. The vehicle registration fee shall not become part of the state highway account or state highway distribution account.
(4) The countywide highway district must use the funds generated by a vehicle registration fee exclusively for the construction, repair, maintenance, and traffic supervision of the highways within its jurisdiction, and the payment of interest and principal of obligations incurred for said purposes.
(5) Sections 49-405, 49-408, 49-416, 49-404, 49-409, 49-415 and 49-410, Idaho Code, shall be subject to the provisions of this section.
History:
[40-1416, added 1986, ch. 260, sec. 1, p. 679; am. 1987, ch. 125, sec. 1, p. 255; am. 1988, ch. 265, sec. 571, p. 869; am. 1991, ch. 285, sec. 2, p. 735; am. 2009, ch. 341, sec. 79, p. 1042.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 14 - SINGLE COUNTY-WIDE HIGHWAY DISTRICTS › Section 40-1418 - PROCEEDINGS FOR DISSOLUTION OF EXISTING SINGLE COUNTYWIDE HIGHWAY DISTRICT.

40-1418. PROCEEDINGS FOR DISSOLUTION OF EXISTING SINGLE COUNTYWIDE HIGHWAY DISTRICT. All proceedings for the dissolution of single countywide highway districts shall be initiated by a petition of ten percent (10%) or more of the qualified electors residing in each of the county commissioner subdistricts, addressed to the commissioners of the county in which the single countywide highway district is situate, and which shall concisely state the grounds or reasons for the dissolution and contain a request for a hearing of the petition. A hearing on the petition shall be conducted pursuant to sections 40-1803 through 40-1805, Idaho Code. Following the hearing on the petition, the election and process for dissolution shall be conducted as provided in title 34, Idaho Code. The election shall be held at the next general election and in the event a majority of the qualified electors at the election vote in favor of dissolution, the commission shall immediately make and enter an order declaring the single countywide highway district dissolved.
History:
[40-1418, added 2004, ch. 361, sec. 1, p. 1081; am. 2009, ch. 341, sec. 80, p. 1043.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 15 - CONSOLIDATION OF HIGHWAY DISTRICTS › Section 40-1501 - HIGHWAY DISTRICTS — CONSOLIDATION — EFFECT OF CONSOLIDATION.

40-1501. HIGHWAY DISTRICTS — CONSOLIDATION — EFFECT OF CONSOLIDATION. Any highway district within the state, whether the same are situated entirely within the boundaries of any one (1) county or within two (2) or more adjoining counties, may be consolidated with any adjoining highway district, whether situated entirely within the boundaries of any county or within two (2) or more adjoining counties.
History:
[40-1501, added 1985, ch. 253, sec. 2, p. 663; am. 2000, ch. 202, sec. 2, p. 503.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 15 - CONSOLIDATION OF HIGHWAY DISTRICTS › Section 40-1502 - PETITIONS FOR CONSOLIDATION.

40-1502. PETITIONS FOR CONSOLIDATION. (1) Whenever electors of two (2) or more existing adjoining highway districts desire to consolidate those districts, a petition from each of the districts for consolidation, signed by five percent (5%) or twenty-five (25) electors, whichever is greater, qualified to vote at a highway district election in each of the highway districts, shall be presented to the commissioners of the county in which the highway districts are situated. The petitions shall state the name and, in a general way, describe the highway districts which it is proposed to consolidate.
(2) A majority of the elected commissioners of each of two (2) or more existing adjoining highway districts may also, on their own initiative, petition the county commissioners, in lieu of a petition as provided in subsection (1) of this section.
History:
[40-1502, added 1985, ch. 253, sec. 2, p. 664; am. 2000, ch. 202, sec. 3, p. 503.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 15 - CONSOLIDATION OF HIGHWAY DISTRICTS › Section 40-1503 - ORDER FOR HEARING — NOTICE.

40-1503. ORDER FOR HEARING — NOTICE. The commissioners of the counties concerned, shall at the earliest possible date, meet at a time and place as shall be agreed upon by them, and at the meeting shall, by order, entered in the minutes of the commissioners of each of the counties concerned, fix a time and place for a hearing upon the petitions, which time shall not be less than sixty (60) days from and after the date of the first publication of notice of the petition and hearing on them. The hearing meeting shall be at the county seat of one of the counties concerned. At the meeting the commissioners shall prepare a notice of hearing to be signed by them and attested by the county clerks, setting forth the filing of petitions; the name and general description of the highway districts proposed to be consolidated; the total bonded and current warrant and other indebtedness; the market value for assessment purposes and the last preceding ad valorem tax levy of each of the highway districts; a statement that at the hearing any elector qualified to vote at elections of highway district commissioners of the highway districts proposed for consolidation may, prior to or at the time of the hearing, file with the clerk of the commissioners of the county in which he resides, written objections to the proposed consolidation; and that at the hearing any qualified elector of the highway districts proposed for consolidation may appear and make oral objections to the consolidation.
History:
[40-1503, added 1985, ch. 253, sec. 2, p. 664; am. 2000, ch. 202, sec. 4, p. 504.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 15 - CONSOLIDATION OF HIGHWAY DISTRICTS › Section 40-1504 - PUBLICATION OF NOTICE.

40-1504. PUBLICATION OF NOTICE. The clerk of commissioners of each of the counties concerned shall cause to be published a copy of notice as provided by section 40-206, Idaho Code.
History:
[40-1504, added 1985, ch. 253, sec. 2, p. 664.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 15 - CONSOLIDATION OF HIGHWAY DISTRICTS › Section 40-1505 - HEARING — ORDER FOR ELECTION — CONSOLIDATION, WHEN DEFEATED.

40-1505. HEARING — ORDER FOR ELECTION — CONSOLIDATION, WHEN DEFEATED. At the time and place specified in the notice, the county commissioners shall proceed to consider the petition and all written and oral objections, and shall hear all qualified persons in relation to it. Upon conclusion of the hearing, which may be continued from day to day, if a majority of the members of each of the commissioners of the counties involved are of the opinion that a consolidation is practical and to the best interests of each and all of the highway districts concerned, they shall make an order directing that the question of consolidation of the highway districts proposed for consolidation be submitted to the electors at an election to be held separately within each of the highway districts at a date in conformance with section 34-106(1), Idaho Code, but not less than ninety (90) days after the date of the order. The date of the election shall be specified in the order. The order shall set forth: the name, number, and general description of the respective highway districts proposed to be consolidated; the market value for assessment purposes of all the property situated in each of the concerned highway districts, as shown by the last county assessment rolls; the total bonded and current warrant and other indebtedness of each of the highway districts; the preceding ad valorem highway tax levy of each of the highway districts; and the total bonded and current warrant and other indebtedness of the proposed consolidated highway district. A copy of the order shall be entered in the minutes of the commissioners of each county concerned. The proposed consolidation shall be defeated if a majority of the commissioners of either of the counties concerned vote against it, and in that event a record of that action shall be entered in the minutes of each of the counties concerned.
History:
[40-1505, added 1985, ch. 253, sec. 2, p. 664; am. 2000, ch. 202, sec. 5, p. 504.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 15 - CONSOLIDATION OF HIGHWAY DISTRICTS › Section 40-1506 - POLLING PLACES — ELECTION OFFICERS.

40-1506. POLLING PLACES — ELECTION OFFICERS. The commissioners of each county concerned shall meet within thirty (30) days, in either special or regular session and, by order, enter in their minutes and designate the polling places in each of the concerned highway districts situated in the county, and the county clerk shall appoint judges.
History:
[40-1506, added 1985, ch. 253, sec. 2, p. 665; am. 2000, ch. 202, sec. 6, p. 505; am. 2009, ch. 341, sec. 81, p. 1043.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 15 - CONSOLIDATION OF HIGHWAY DISTRICTS › Section 40-1507 - NOTICE OF ELECTION — PUBLICATION AND CONTENTS.

40-1507. NOTICE OF ELECTION — PUBLICATION AND CONTENTS. The commissioners of each county shall require its county clerk to give notice of the election in accordance with the provisions of title 34, Idaho Code. In addition, the notice shall state the purpose and date of the election, the hours during which the polls shall be open and list the polling places, in addition to the following: the name and general description of the respective highway districts proposed to be consolidated; the market value for assessment purposes of all the property situated in each of the concerned highway districts, as shown by the last county assessment rolls; the total bonded and current warrant and other indebtedness of each of the highway districts; the preceding property highway tax levy of each of the highway districts; and the total bonded and current warrant and other indebtedness of the proposed consolidated highway district.
History:
[40-1507, added 1985, ch. 253, sec. 2, p. 665; am. 2000, ch. 202, sec. 7, p. 505; am. 2009, ch. 341, sec. 82, p. 1043.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 15 - CONSOLIDATION OF HIGHWAY DISTRICTS › Section 40-1508 - ELECTIONS — TIME OF HOLDING.

40-1508. ELECTIONS — TIME OF HOLDING. An election held under the provisions of this chapter shall be held in each of the highway districts and counties affected by the proposed consolidation and shall be held on the same day and conducted in accordance with the provisions of title 34, Idaho Code.
History:
[40-1508, added 1985, ch. 253, sec. 2, p. 665; am. 2000, ch. 202, sec. 8, p. 506; am. 2009, ch. 341, sec. 83, p. 1043.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 15 - CONSOLIDATION OF HIGHWAY DISTRICTS › Section 40-1509 - CONDUCT OF ELECTIONS.

40-1509. CONDUCT OF ELECTIONS. (1) The polls shall be presided over by the appointed judges and clerks who must take an oath as judge and clerk of the highway district election and which oath shall obligate the judges and clerks to faithfully perform the duties of a board of election.
(2) All elections shall be by secret and separate ballot, each ballot in type, print or legible writing, stating in the affirmative and negative the proposition to be voted upon, and all ballots shall be in a form that the voters may express a choice by the marking of a cross (X).
(3) In all elections it is intended that no informalities in conducting the election shall invalidate the election, if the election has been otherwise fairly conducted. The clerks of the county commissioners shall prepare the necessary ballots for use in each of the highway districts.
History:
[40-1509, added 1985, ch. 253, sec. 2, p. 666; am. 2000, ch. 202, sec. 9, p. 506.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 15 - CONSOLIDATION OF HIGHWAY DISTRICTS › Section 40-1510 - DEFEAT OF PROPOSAL — SUBSEQUENT ELECTIONS.

40-1510. DEFEAT OF PROPOSAL — SUBSEQUENT ELECTIONS. The failure to carry the proposal to consolidate highway districts by at least a majority vote in any one (1) of the highway districts concerned shall defeat the entire proposal. Subsequent elections to consolidate highway districts having failed to be consolidated as provided in this chapter shall not be considered for consolidation under the provisions of this chapter for a period of four (4) years after the consolidation election.
History:
[40-1510, added 1985, ch. 253, sec. 2, p. 666; am. 2000, ch. 202, sec. 10, p. 506.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 15 - CONSOLIDATION OF HIGHWAY DISTRICTS › Section 40-1511 - COUNT OF VOTES — CANVASS — ORDER FOR CONSOLIDATION.

40-1511. COUNT OF VOTES — CANVASS — ORDER FOR CONSOLIDATION. Immediately following the close of the polls, the votes shall be counted in accordance with the provisions of title 34, Idaho Code. The board of county commissioners shall meet separately at their respective county seats and pursuant to chapter 12, title 34, Idaho Code, canvass the returns within each county. Within fifteen (15) days after the canvass, the commissioners shall meet in joint session at a location as shall be agreed upon by them and compile the total votes cast in their respective counties for or against the proposal to consolidate the highway districts concerned. If the proposal carried in each of the highway districts concerned, the county commissioners in the joint meeting shall make and enter an order declaring the districts consolidated in one (1) highway district of a name or designation as may be ordered by them, and at that time the consolidation shall be effective. The highway districts having been consolidated shall remain in operation, with all legal authority of a highway district, until the newly appointed highway commissioners of the consolidated highway district meet and organize as provided in this chapter.
History:
[40-1511, added 1985, ch. 253, sec. 2, p. 666; am. 2000, ch. 202, sec. 11, p. 506; am. 2009, ch. 341, sec. 84, p. 1044.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 15 - CONSOLIDATION OF HIGHWAY DISTRICTS › Section 40-1512 - SUBDIVISION OF DISTRICT — APPOINTMENT OF HIGHWAY COMMISSIONERS — CONSOLIDATION, WHEN EFFECTIVE.

40-1512. SUBDIVISION OF DISTRICT — APPOINTMENT OF HIGHWAY COMMISSIONERS — CONSOLIDATION, WHEN EFFECTIVE. At the joint meeting, as provided by section 40-1511, Idaho Code, by a majority vote of all the commissioners present, the territory consolidated in one (1) highway district shall be divided into three (3) subdistricts, as provided by section 40-1304, Idaho Code. Highway commissioners for the consolidated highway district shall be appointed by the governor, as provided for by section 40-1303, Idaho Code.
History:
[40-1512, added 1985, ch. 253, sec. 2, p. 666; am. 2000, ch. 202, sec. 12, p. 507.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 15 - CONSOLIDATION OF HIGHWAY DISTRICTS › Section 40-1513 - HIGHWAY DISTRICT LAWS APPLICABLE — EXCEPTIONS — TAX LEVIES.

40-1513. HIGHWAY DISTRICT LAWS APPLICABLE — EXCEPTIONS — TAX LEVIES. After the consolidation is effective, statutes relating to highway districts shall be applicable to the joint consolidated highway district, except as otherwise provided in this chapter. The assessing of property, the levying and collection of ad valorem taxes and all accounts which from their nature should be separately kept, shall be done and kept and the report on them made as if each portion of the consolidated district were a separate highway district in the respective counties. Nothing in this chapter shall be construed as preventing the new highway district board from levying ad valorem taxes against property within the consolidated district in accordance with chapter 8, title 40, Idaho Code.
History:
[40-1513, added 1985, ch. 253, sec. 2, p. 666; am. 2000, ch. 202, sec. 13, p. 507.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 15 - CONSOLIDATION OF HIGHWAY DISTRICTS › Section 40-1514 - ORGANIZATION OF HIGHWAY DISTRICT COMMISSIONERS — COMPUTATION OF INDEBTEDNESS OF FORMER DISTRICTS.

40-1514. ORGANIZATION OF HIGHWAY DISTRICT COMMISSIONERS — COMPUTATION OF INDEBTEDNESS OF FORMER DISTRICTS. Immediately after consolidation is effected and highway commissioners are appointed, they shall meet and organize as provided by law, appoint required officers and designate a time and place for their meetings and have and exercise all the powers, jurisdiction, and authority and perform all duties and be subject to the responsibilities and liabilities of a highway district as provided by law. Upon organization, the highway district shall ascertain and compute all indebtedness, including bonded, warrant and current indebtedness, separately, of each of the former highway districts comprising the consolidation.
History:
[40-1514, added 1985, ch. 253, sec. 2, p. 667; am. 2000, ch. 202, sec. 14, p. 508.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 15 - CONSOLIDATION OF HIGHWAY DISTRICTS › Section 40-1515 - PROPERTY AND MONEYS OF FORMER DISTRICTS — DELIVERY TO CONSOLIDATED HIGHWAY DISTRICT.

40-1515. PROPERTY AND MONEYS OF FORMER DISTRICTS — DELIVERY TO CONSOLIDATED HIGHWAY DISTRICT. All property rights of the former highway districts shall be vested in and become the property of the consolidated highway district. The highway district commissioners and officers of each of the former highway districts comprising the consolidated highway district shall, immediately after consolidation is effected and the consolidated highway district commissioners have met and organized, turn over and deliver to them all property of every kind and description belonging to the former highway districts, including all moneys, books and accounts.
History:
[40-1515, added 1985, ch. 253, sec. 2, p. 667; am. 2000, ch. 202, sec. 15, p. 508.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 15 - CONSOLIDATION OF HIGHWAY DISTRICTS › Section 40-1516 - SEPARATE ACCOUNTS OF FUNDS AND PROCEEDS FROM FORMER HIGHWAY DISTRICTS — DUTIES OF TREASURER.

40-1516. SEPARATE ACCOUNTS OF FUNDS AND PROCEEDS FROM FORMER HIGHWAY DISTRICTS — DUTIES OF TREASURER. The highway district treasurer shall keep separate accounts of all moneys coming into his hands from each of the former highway districts, together with all moneys received from special tax levies against the taxable property situated within the boundaries of the former highway districts and together with all moneys paid out upon the indebtedness of the former highway districts. He shall pay from the funds in the accounts the amounts as the highway commissioners may from time to time order.
History:
[40-1516, added 1985, ch. 253, sec. 2, p. 667; am. 2000, ch. 202, sec. 16, p. 508.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 15 - CONSOLIDATION OF HIGHWAY DISTRICTS › Section 40-1517 - FUNDING OF INDEBTEDNESS OF FORMER HIGHWAY DISTRICTS.

40-1517. FUNDING OF INDEBTEDNESS OF FORMER HIGHWAY DISTRICTS. If the consolidated highway district commissioners determine that valid outstanding indebtedness of any of the former highway districts, existing prior to the consolidation may be funded or refunded to the profit and benefit of the taxpayers within the boundaries of the former highway district, and without incurring any additional liability, the highway commissioners have the power and authority to make provision for issuing of funding or refunding bonds in an amount equal to the unpaid principal and interest on the outstanding bonds or other indebtedness. Before the highway commissioners shall issue any bonds to refund any outstanding indebtedness, it shall cause all moneys of the former highway district on hand available for the payment and discharge of any indebtedness to be applied in payment and discharge of them and issue funding or refunding bonds only for the remainder of the indebtedness. The issuance of bonds shall not create any liability against the consolidated highway district or any of the property within its boundaries, excepting that the property within the boundaries of the former highway district shall be liable for the payment of the bonds.
History:
[40-1517, added 1985, ch. 253, sec. 2, p. 667; am. 2000, ch. 202, sec. 17, p. 509.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 15 - CONSOLIDATION OF HIGHWAY DISTRICTS › Section 40-1518 - INDEBTEDNESS PRIOR TO CONSOLIDATION — LIABILITY OF PROPERTY IN FORMER HIGHWAY DISTRICTS.

40-1518. INDEBTEDNESS PRIOR TO CONSOLIDATION — LIABILITY OF PROPERTY IN FORMER HIGHWAY DISTRICTS. It is expressly provided that property situated within the boundaries of a former highway district shall be liable for the indebtedness of that district existing prior to consolidation, but shall not be liable for the indebtedness of any other highway district forming a consolidation and existing prior to the consolidation.
History:
[40-1518, added 1985, ch. 253, sec. 2, p. 668; am. 2000, ch. 202, sec. 18, p. 509.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 15 - CONSOLIDATION OF HIGHWAY DISTRICTS › Section 40-1519 - EXPENSES OF ELECTION.

40-1519. EXPENSES OF ELECTION. In all counties where highway district consolidation elections are held under the provisions of this chapter, county commissioners shall pay expenses of the elections from the election fund of the county.
History:
[40-1519, added 2000, ch. 202, sec. 19, p. 509; am. 2009, ch. 341, sec. 85, p. 1044.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › DETACHMENT › Section 40-1601 - DISTRICTS SUBJECT TO DETACHMENT.

40-1601. DISTRICTS SUBJECT TO DETACHMENT. A portion of the territory of an existing highway district, whether the district is situated wholly in one (1) county or in two (2) or more counties, may be detached from the highway district as provided in this chapter.
History:
[40-1601, added 1985, ch. 253, sec. 2, p. 668.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › DETACHMENT › Section 40-1602 - PETITION.

40-1602. 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, a petition describing the territory by its boundaries, signed by not less than twenty-five (25) 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 county where the greatest portion of the highway district is located.
History:
[40-1602, added 1985, ch. 253, sec. 2, p. 668.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › DETACHMENT › Section 40-1603 - ORDER FOR HEARING UPON PETITION.

40-1603. ORDER FOR HEARING UPON PETITION. Immediately upon its next regular meeting or at a special meeting called for that purpose, the 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:
[40-1603, added 1985, ch. 253, sec. 2, p. 668.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › DETACHMENT › Section 40-1604 - NOTICE OF HEARING AND PETITION.

40-1604. NOTICE OF HEARING AND PETITION. The 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; a concise general description of the territory so proposed to be detached and its boundaries; 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 commissioners; and notice that any elector qualified to vote at an election of the district may, prior to or at the time of the hearing, file with the clerk of the commissioners written objections to the proposed detachment of the territory.
History:
[40-1604, added 1985, ch. 253, sec. 2, p. 668.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › DETACHMENT › Section 40-1605 - HEARING — ORDER FOR ELECTION.

40-1605. HEARING — ORDER FOR ELECTION. At the time and place specified in the notice, the commissioners shall proceed to consider the petition and all written objections filed with them and shall hear all persons in relation to it. Upon the conclusion of the hearing, which may be continued from day to day, if the commissioners shall determine that the detachment from the highway district of the territory described in the petition is practicable and to the best interests of the territory and of the highway district, they shall enter an order directing that the question of the detachment of the territory be submitted to the qualified electors of the district at an election to be held within the district on a date authorized in section 34-106, Idaho Code, which is not less than thirty (30) days from and after the date of the order.
History:
[40-1605, added 1985, ch. 253, sec. 2, p. 669; am. 2009, ch. 341, sec. 86, p. 1044.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › DETACHMENT › Section 40-1606 - ELECTION OFFICERS AND POLLING DISTRICTS — NOTICE OF ELECTION.

40-1606. ELECTION OFFICERS AND POLLING DISTRICTS — NOTICE OF ELECTION. The county clerk shall appoint judges for the election; the commissioners shall by order establish polling places; and the county clerk shall provide notice of the election in accordance with the provisions of section 34-1406, Idaho Code. The notice shall state the date and purpose of the election, the boundaries of the territory proposed to be detached from the highway district, the places of holding the election, the various polling districts if the election is to be held in more than one (1) place, the qualifications required of voters, and the hours during which the polls shall be open.
History:
[40-1606, added 1985, ch. 253, sec. 2, p. 669; am. 2009, ch. 341, sec. 87, p. 1045.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › DETACHMENT › Section 40-1607 - ELECTION PROCEDURE.

40-1607. ELECTION PROCEDURE. The qualifications of voters at the elections, the conduct of elections, the counting of the votes, the return of the ballots, and the payment of expenses of the election shall be as prescribed in title 34, Idaho Code.
History:
[40-1607, added 1985, ch. 253, sec. 2, p. 669; am. 2009, ch. 341, sec. 88, p. 1045.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › DETACHMENT › Section 40-1608 - ORDER DECLARING TERRITORY DETACHED.

40-1608. ORDER DECLARING TERRITORY DETACHED. If upon the canvass of the returns of the election the commissioners shall find that a majority of the votes cast in the district are in favor of the detachment from the highway district of the territory embraced in the proposal for detachment, they shall immediately make and enter an order declaring that territory detached from the district to the extent and for the purposes set forth.
History:
[40-1608, added 1985, ch. 253, sec. 2, p. 669.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › DETACHMENT › Section 40-1609 - EFFECT OF DETACHMENT OF TERRITORY — APPORTIONMENT OF INDEBTEDNESS.

40-1609. EFFECT OF DETACHMENT OF TERRITORY — APPORTIONMENT OF INDEBTEDNESS. The detachment of territory from the district shall be deemed to relate only to the operations of the district subsequent to the order of detachment. Territory detached and all taxable property in that territory shall be and remain liable for the proportionate share of all bonded, warrant, and other indebtedness incurred by the district prior to the time of detachment. The proportionate share of the indebtedness of the district incurred prior to the order of detachment to be borne by the detached territory is hereby established and shall be determined and computed as follows:
(1) The highway district commissioners shall, at the meeting at which an order of detachment is made, compute the total aggregate market value for assessment purposes of the property within the district for the preceding year, and shall separately compute the total aggregate market value for assessment purposes for the preceding year of all the property within the territory detached from the district.
(2) The highway district commissioners shall compute and determine as of the date of the order of detachment the cash and solvent credits owing to the district and the value of the highway equipment and other personal property owned by it at the time of the detachment of territory, all of which property shall be retained by the district.
(3) The proportion of the outstanding indebtedness of the district incurred prior to the withdrawal of territory for which the withdrawn territory shall be and remain liable is the proportion that the aggregate market value for assessment purposes of the property within the withdrawn territory bears to the market value for assessment purposes of the property within the entire highway district as shown by the assessment rolls of the preceding year, less credit for the proportionate share or interest of the withdrawn territory in the cash, solvent credits, and personal property of the district, that share being based upon the proportion that the market value for assessment purposes of the property within the detached territory for the preceding year bears to the market value for assessment purposes of the total property within the entire district for the year.
History:
[40-1609, added 1985, ch. 253, sec. 2, p. 670.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › DETACHMENT › Section 40-1610 - DETACHED TERRITORY SUBJECT TO COUNTY LEVIES.

40-1610. DETACHED TERRITORY SUBJECT TO COUNTY LEVIES. After the detachment of any territory from a highway district the property within the detached portion shall be subject to taxation by the county for highway and other purposes to the same extent precisely as if it had never been included in the highway district.
History:
[40-1610, added 1985, ch. 253, sec. 2, p. 670.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › DETACHMENT › Section 40-1611 - VALIDITY OF OUTSTANDING BONDS AND WARRANTS NOT AFFECTED.

40-1611. VALIDITY OF OUTSTANDING BONDS AND WARRANTS NOT AFFECTED. Nothing in this chapter shall be construed as impairing the validity of any bonds or warrants of a highway district outstanding at the time of the detachment of any territory.
History:
[40-1611, added 1985, ch. 253, sec. 2, p. 670.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › ANNEXATION › Section 40-1614 - TERRITORY DISANNEXED FROM ANOTHER COUNTY OR ADJACENT TO AN EXISTING HIGHWAY DISTRICT AND WITHIN THE COUNTY.

40-1614. TERRITORY DISANNEXED FROM ANOTHER COUNTY OR ADJACENT TO AN EXISTING HIGHWAY DISTRICT AND WITHIN THE COUNTY. Any area not within a highway district, but within a territory previously detached from a county and annexed to another county, and adjacent to a highway district organized before annexation and situate wholly within the county to which the territory has been annexed, and any area not within a highway district, which is adjacent to an existing highway district and situate wholly within the county within which the highway is located, may be added to, and included in, the highway district upon the approval of its highway commissioners and the order of the commissioners of the county in which the highway district is situated.
History:
[40-1614, added 1985, ch. 253, sec. 2, p. 671.]