reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 6 - TELECOMMUNICATIONS ACT OF 1988 › Section 62-619 - PROCEDURE BEFORE COMMISSION — APPEALS.

62-619. PROCEDURE BEFORE COMMISSION — APPEALS. (1) 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’s rules of practice and procedure.
(2) Reconsideration of, appeal from, and stay of orders issued pursuant to this chapter shall be governed by law as for orders of the commission in other matters.
History:
[62-619, added 1988, ch. 195, sec. 1, p. 367.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 6 - TELECOMMUNICATIONS ACT OF 1988 › Section 62-620 - CIVIL PENALTY FOR VIOLATION.

62-620. CIVIL PENALTY FOR VIOLATION. Any telephone corporation who violates or fails to comply with any final order, decision, rule or regulation duly issued by the commission pursuant to this chapter shall be subject to a civil penalty of not to exceed two thousand dollars ($2,000) for each day that the violation continues.
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 for 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 action, 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 account. Any such action may be compromised or discontinued on application of the commission upon such terms as the court shall approve and order.
History:
[62-620, added 1988, ch. 195, sec. 1, p. 367.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 6 - TELECOMMUNICATIONS ACT OF 1988 › Section 62-621 - SEVERABILITY.

62-621. SEVERABILITY. If a court of competent jurisdiction shall adjudge to be invalid or unconstitutional any clause, sentence, paragraph, section or part of this chapter, such judgment or decree shall not affect, impair, invalidate or nullify the remainder of this chapter, but the effect thereof shall be confined to the clause, sentence, paragraph, section or part of this chapter so adjudged to be invalid or unconstitutional.
History:
[62-621, added 1988, ch. 195, sec. 1, p. 368.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 6 - TELECOMMUNICATIONS ACT OF 1988 › Section 62-622A - COMMISSION AUTHORITY TO ESTABLISH MINIMUM PRICING OF BASIC LOCAL EXCHANGE SERVICE.

62-622A. COMMISSION AUTHORITY TO ESTABLISH MINIMUM PRICING OF BASIC LOCAL EXCHANGE SERVICE. A telephone corporation may file a petition with the commission alleging that another telephone corporation, not subject to regulation pursuant to title 61, Idaho Code, is offering basic local exchange service to customers in a local exchange calling area at a price below its average variable cost of providing such service in the local exchange calling area. The commission shall, if after hearing it finds by a preponderance of the evidence that the allegations contained in the petition are true, establish a minimum price for basic local exchange service of the telephone corporation in the local exchange calling area, which minimum price shall reflect the telephone corporation’s average variable cost of providing such service.
History:
[62-622A, added 2005, ch. 200, sec. 6, p. 609.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 6 - TELECOMMUNICATIONS ACT OF 1988 › Section 62-623 - SUBSIDY REFORM — UNIVERSAL SERVICE — REPORT TO LEGISLATURE.

62-623. SUBSIDY REFORM — UNIVERSAL SERVICE — REPORT TO LEGISLATURE. The commission shall commence a proceeding to:
(1) Identify and quantify implicit subsidies within the rates of incumbent telephone corporations including, but not limited to:
(a) Access charges paid by intrastate interexchange carriers to incumbent telephone corporations including all of the carrier common line charge;
(b) Above cost rates paid by one (1) class of customers to reduce the price paid by another class of customers; and
(c) Imputation of revenue from nonregulated telecommunications services.
(2) Determine a mechanism for removal of the subsidies from the rates of incumbent telephone corporations and the creation of explicit subsidy mechanisms.
(3) Determine revisions that may be necessary to section 62-610, Idaho Code, regarding universal service in order to comply with the telecommunications act of 1996 and regulations promulgated thereunder.
(4) On or before the first day of December 1997, the commission shall issue a report to the governor and the legislature recommending any necessary or desirable legislation concerning state and federal universal support mechanisms, the removal of implicit subsidies from rates and other telecommunication matters.
History:
[62-623, added 1997, ch. 192, sec. 9, p. 546.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 6 - TELECOMMUNICATIONS ACT OF 1988 › Section 62-624 - PROCEEDINGS PRIOR TO ENACTMENT RATIFIED.

62-624. PROCEEDINGS PRIOR TO ENACTMENT RATIFIED. Commission orders issued prior to approval of this act which relate to duties or authority granted to the commission by the telecommunications act of 1996 are hereby ratified and approved to the extent that such actions conform with the provisions of this chapter and the telecommunications act of 1996.
History:
[62-624, added 1997, ch. 192, sec. 10, p. 546.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 7 - TELEGRAPH, TELEPHONE AND ELECTRIC POWER CORPORATIONS › Section 62-701 - RIGHT TO USE HIGHWAYS.

62-701. RIGHT TO USE HIGHWAYS. Telephone corporations may construct or install telephone lines along, beneath the surface of or upon any public road or highway, or along, beneath the surface of, or across any of the waters or lands within this state, and may erect or install poles, posts, piers or abutments for supporting the insulators, wires and other necessary fixtures of their lines in such manner and at such points as not to incommode the public use of the road or highway, or interrupt the navigation of the waters.
History:
[(62-701) R.S., sec. 2700; reen. R.C. & C.L., sec. 2833; C.S., sec. 4832; I.C.A., sec. 60-701; am. 1992, ch. 147, sec. 1, p. 442.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 7 - TELEGRAPH, TELEPHONE AND ELECTRIC POWER CORPORATIONS › Section 62-701A - AUTHORITY PRESERVED.

62-701A. AUTHORITY PRESERVED. (1) As used in this section, "public rights-of-way" shall mean the surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkway, waterway, easement, leasehold interest, or similar property which, consistent with the purposes for which it was dedicated, may be used for the purpose of installing and maintaining a telecommunications system.
(2) With respect to the installation of its facilities within public rights-of-way, the telecommunications provider shall at all times be subject to the authority of a city, county or highway district. No grant of authority pursuant to this section shall be deemed to waive other rights or requirements of the codes, ordinances or resolutions of a city, county or highway district regarding permits, reasonable fees to be paid, manner of construction, or the like, nor to grant any property interest in the public rights-of-way.
History:
[62-701A, added 1997, ch. 385, sec. 1, p. 1240.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 7 - TELEGRAPH, TELEPHONE AND ELECTRIC POWER CORPORATIONS › Section 62-702 - INJURY TO COMPANY’S PROPERTY.

62-702. INJURY TO COMPANY’S PROPERTY. Any person who injures or destroys, through want of proper care, any necessary or useful fixture of any telegraph or telephone corporation, is liable to the corporation for all damages sustained thereby.
History:
[(62-702) R.S., sec. 2701; reen. R.C. & C.L., sec. 2834; C.S., sec. 4833; I.C.A., sec. 60-702.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 7 - TELEGRAPH, TELEPHONE AND ELECTRIC POWER CORPORATIONS › Section 62-703 - PENALTY FOR MALICIOUS INJURY.

62-703. PENALTY FOR MALICIOUS INJURY. Any person who wilfully or maliciously does any injury to any telegraph or telephone property mentioned in the preceding section, is liable to the corporation for 100 times the amount of actual damages sustained thereby, to be recovered in any court of competent jurisdiction.
History:
[(62-703) R.S., sec. 2702; reen. R.C. & C.L., sec. 2835; C.S., sec. 4834; I.C.A., sec. 60-703.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 7 - TELEGRAPH, TELEPHONE AND ELECTRIC POWER CORPORATIONS › Section 62-704 - TRANSFER OF RIGHTS AND FRANCHISES.

62-704. TRANSFER OF RIGHTS AND FRANCHISES. Any telegraph or telephone corporation may, at any time, with the consent of the persons holding two-thirds of the issued stock of the corporation, sell, lease, assign, transfer or convey any rights, privileges, franchises or property of the corporation, except its corporate franchise.
History:
[(62-704) R.S., sec. 2703; reen. R.C. & C.L., sec. 2836; C.S., sec. 4834; I.C.A., sec. 60-704.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 7 - TELEGRAPH, TELEPHONE AND ELECTRIC POWER CORPORATIONS › Section 62-705 - RIGHTS OF WAY FOR ELECTRIC POWER COMPANIES AND THE UNITED STATES OF AMERICA OR ANY AGENCY THEREOF.

62-705. RIGHTS OF WAY FOR ELECTRIC POWER COMPANIES AND THE UNITED STATES OF AMERICA OR ANY AGENCY THEREOF. Any person, company or corporation incorporated or that may hereinafter be incorporated under the laws of this state or of any state or territory of the United States, and doing business in this state, the United States of America or any agency thereof, for the purpose of supplying, transmitting, delivering or furnishing electric power or electric energy by wires, cables or any other method or means, shall have and is hereby given the right to erect, construct, maintain and operate all necessary lines upon, along and over any and all public roads, streets and highways, except within the limits of incorporated cities and towns and across the right of way of any railroad or railroad corporation, together with poles, piers, arms, cross-arms, wires, supports, structures and fixtures for the purposes aforesaid, or either of them, in such manner and at such places as not to incommode the public use of the road, highway, street or railroad, or to interrupt the navigation of water, together with the right to erect, construct, maintain and operate upon said electric power line a telephone line to be used only in connection with the said electric energy and power line; provided, that the party exercising the right of way herein and hereby granted shall first apply to the board of county commissioners for permission to construct in the manner provided by law, and to acquire a right of way and, unless such party be the United States of America or an agency thereof, shall give to the county into or through which the right of way herein and hereby granted is exercised, a bond, with surety to be approved by the board of county commissioners, in the sum of $5000, conditioned to hold the said county harmless from any and all liability on account of the erection, construction, maintenance or operation of the said electric line or lines: provided further, that nothing in this section shall be construed to mean the right to occupy public roads for any railroad or car line of any kind.
History:
[(62-705) 1903, p. 343, sec. 1; reen. R.C. & C.L., sec. 2837; C.S., sec. 4836; I.C.A., sec. 60-705; am. 1945, ch. 37, sec. 1, p. 48.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 8 - TELEGRAPH AND TELEPHONE MESSAGES › Section 62-801 - REFUSAL TO ACCEPT MESSAGES UNLAWFUL.

62-801. REFUSAL TO ACCEPT MESSAGES UNLAWFUL. It shall be unlawful for any telegraph or telephone company or any person in charge of such telegraph or telephone service, or operating or controlling any public telegraph or telephone system or office within this state, in whole or in part, or any employee thereof, to fail or refuse to accept and transmit to its final destination, promptly and by the most expeditious means of communication available between the place of receipt and destination thereof, any message or communication when the same shall be presented for transmission to any regular telegraph or telephone station upon any of its lines, and the regular and usual fees and charges paid, tendered or offered thereon: provided, that when any message or communication is offered which is couched, in whole or in part, in obscene or profane language, nothing in this chapter contained shall be so construed as to compel any telegraph or telephone company, or any person in charge of the same, to transmit such message or communication, and for the purpose of carrying out the provisions of this chapter.
History:
[(62-801) 1911, ch. 222, part of sec. 1, p. 704; reen. C.L., sec. 2837a; C.S., sec. 4837; I.C.A., sec. 60-801.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 8 - TELEGRAPH AND TELEPHONE MESSAGES › Section 62-802 - TELEGRAPH OFFICES MUST CONNECT WITH TELEPHONE.

62-802. TELEGRAPH OFFICES MUST CONNECT WITH TELEPHONE. All telegraph offices or stations from which messages are transmitted, or at which messages are received for transmission shall be equipped with proper telephone connections in order that messages and communications may be expeditiously transferred from telegraph to telephone lines or from telephone to telegraph lines when such transfer will accelerate the transmission of any such messages or communications: provided, that nothing herein is intended to require said telegraph companies or any one operating or controlling any telegraph system or office within this state to build a telephone line, it being intended to require such company to install a telephone in each of its offices where such telephone can be obtained by it, as it may be obtained by other business offices in the same vicinity.
History:
[(62-802) 1911, ch. 222, part of sec. 1, p. 704; compiled and reen. C.L., sec. 2837b; C.S., sec. 4838; I.C.A., sec. 60-802.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 8 - TELEGRAPH AND TELEPHONE MESSAGES › Section 62-803 - MESSAGES MUST BE WIRED WHEN POSSIBLE.

62-803. MESSAGES MUST BE WIRED WHEN POSSIBLE. It is the purpose of this chapter, among other things, to require cooperation on the part of telegraph and telephone companies in the transmission of messages and communications to or from any place where the use of both means of communication is necessary or desirable and where such use will expedite the transmission of any such message or communication; and it shall be unlawful for any telegraph or telephone company or any person having charge of any public telegraph or telephone service or system, controlling or operating any such system within this state, in whole or in part, or any employee thereof, to transmit any message or communication upon which the fees and charges have been paid, tendered or offered, as herein provided, by mail, over any portion of the distance over which such message or communication is to be transmitted, unless neither telegraph nor telephone service is available, and then such means of transmission shall only be used for such distance as necessary in conveying such message to the nearest telegraph or telephone station.
History:
[(62-803) 1911, ch. 222, sec. 2, p. 704; reen. C.L., sec. 2837c; C.S., sec. 4839; I.C.A., sec. 60-803.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 8 - TELEGRAPH AND TELEPHONE MESSAGES › Section 62-804 - LAW CUMULATIVE.

62-804. LAW CUMULATIVE. This chapter shall be cumulative only, and is intended as affording additional remedy not now provided by law.
History:
[(62-804) 1911, ch. 222, sec. 3, p. 704; compiled and reen. C.L., sec. 2837d; C.S., sec. 4840; I.C.A., sec. 60-804.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 8 - TELEGRAPH AND TELEPHONE MESSAGES › Section 62-805 - PENALTY FOR VIOLATION.

62-805. PENALTY FOR VIOLATION. Any telegraph or telephone company or person owning, controlling or operating any telegraph or telephone line or system within this state, in whole or in part, or any employee thereof, violating any of the provisions of this chapter, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not exceeding $300.
History:
[(62-805) 1911, ch. 222, sec. 4, p. 704; reen. C.L., sec. 2837e; C.S., sec. 4841; I.C.A., sec. 60-805.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 9 - GAS CORPORATIONS › Section 62-901 - CONSENT OF MUNICIPALITY MUST BE OBTAINED.

62-901. CONSENT OF MUNICIPALITY MUST BE OBTAINED. No corporation hereafter formed must supply any city or town with gas, or lay down mains or pipes for that purpose in the streets or alleys thereof, without permission from the city or town authorities.
History:
[(62-901) R.S., sec. 2787; reen. R.C. & C.L., sec. 3041; C.S., sec. 4901; I.C.A., sec. 60-901.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 9 - GAS CORPORATIONS › Section 62-902 - DUTY TO FURNISH GAS ON APPLICATION.

62-902. DUTY TO FURNISH GAS ON APPLICATION. Upon the application in writing of the owner or occupant of any building or premises distant not more than 100 feet from any main of the corporation, and payment by the applicant of all money due from him, the corporation must supply gas as required for such building or premises, and cannot refuse on the ground of any indebtedness of any former owner or occupant thereof, unless the applicant has undertaken to pay the same. If, for the space of ten (10) days after such application, the corporation refuses or neglects to supply the gas required, it must pay to the applicant the sum of fifty dollars ($50.00) as liquidated damages, and five dollars ($5.00) a day as liquidated damages, for every day such refusal or neglect continues thereafter.
History:
[(62-902) R.S., sec. 2788; reen. R.C. & C.L., sec. 3042; C.S., sec. 4902; I.C.A., sec. 60-902.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 9 - GAS CORPORATIONS › Section 62-903 - APPLICANT MUST DEFRAY EXPENSES.

62-903. APPLICANT MUST DEFRAY EXPENSES. No corporation is required to lay a service pipe where serious obstacles exist to laying it, unless the applicant, if required, deposits in advance with the corporation, a sum of money sufficient to pay the cost of laying such service pipe, or his proportion thereof.
History:
[(62-903) R.S., sec. 2789; reen. R.C. & C.L., sec. 3043; C.S., sec. 4903; I.C.A., sec. 60-903.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 9 - GAS CORPORATIONS › Section 62-904 - RIGHT TO INSPECT METERS.

62-904. RIGHT TO INSPECT METERS. Any agent of a gas corporation, exhibiting written authority signed by the president or secretary thereof for such purpose, may enter any building or premises lighted with gas supplied by such corporation, to inspect the gas meters therein, to ascertain the quantity of gas supplied or consumed. Every owner or occupant of such buildings who hinders or prevents such entry or inspection must pay to the corporation the sum of fifty dollars ($50.00) as liquidated damages.
History:
[(62-904) R.S., sec. 2790; reen. R.C. & C.L., sec. 3044; C.S., sec. 4904; I.C.A., sec. 60-904.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 9 - GAS CORPORATIONS › Section 62-905 - DISCONTINUANCE OF SUPPLY.

62-905. DISCONTINUANCE OF SUPPLY. All gas corporations may shut off the supply of gas from any person who neglects or refuses to pay for the gas supplied, or the rent for any meter, pipes, or fittings provided by the corporation as required by his contract; and for the purpose of shutting off the gas in such case, any employee of the corporation may enter the building or premises of such person, between the hours of eight o’clock in the forenoon and six o’clock in the afternoon of any day, and remove therefrom any property of the corporation used in supplying gas.
History:
[(62-905) R.S., sec. 2791; reen. R.C. & C.L., sec. 3045; C.S., sec. 4905; I.C.A., sec. 60-905.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 10 - FRAUDULENT CONSUMPTION OF GAS › Section 62-1001 - TAMPERING WITH GAS METER OR USING GAS NOT METERED — PENALTY.

62-1001. TAMPERING WITH GAS METER OR USING GAS NOT METERED — PENALTY. Any person, who, with intent to injure or defraud any company, corporation, copartnership or individual, authorized to manufacture, generate, sell or use illuminating or inflammable gas for lighting, heating or power purposes, shall injure, alter, obstruct or prevent the action of any meter, provided for the purpose of measuring the quantity of gas consumed by, or at, any burner, orifice or place, or supplied to any lamp, stove, range, furnace, machine, motor, appliance or contrivance, or who shall cause, or procure, or aid, the injuring or altering of any such meter or the obstruction or prevention of its action, or who shall make or cause to be made, with any pipe, tube, or any appliance, any connection, so as to conduct or supply illuminating or inflammable gas to any burner, or orifice, or lamp, or stove, or range or furnace, or motor, or other machine or appliance from which such gas may be consumed or utilized without passing through, or being registered by such meter, without the permission, consent, or acquiescence of the company, corporation, copartnership, or individual, furnishing or transmitting such gas, or who shall knowingly use or utilize any such gas which has not passed through the meter provided for the registration of the consumption thereof, or who shall by any means, device, appliance or contrivance, knowingly use or utilize such gas for his own use, or for the use of another, with intent to evade payment thereof, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding three hundred dollars ($300.00), or by imprisonment in the county jail for a term not exceeding six (6) months or by both such fine and imprisonment.
History:
[(62-1001) 1921, ch. 208, sec. 1, p. 418; I.C.A., sec. 60-1001.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 10 - FRAUDULENT CONSUMPTION OF GAS › Section 62-1002 - SEARCH WARRANT UPON SUSPECTED VIOLATION OF PRECEDING SECTION.

62-1002. SEARCH WARRANT UPON SUSPECTED VIOLATION OF PRECEDING SECTION. Any such company, corporation, copartnership or individual, authorized to manufacture, generate, sell, or use illuminating or inflammable gas, who shall have probable cause to believe that any person, firm, company, copartnership or corporation is violating the provisions of this chapter, shall, upon making the affidavit required in, and complying with all the provisions of chapter 44 of title 19[, Idaho Code], be entitled to have a search warrant issued to it and served in the manner provided in said chapter 44 of title 19[, Idaho Code].
History:
[(62-1002) 1921, ch. 208, sec. 2, p. 418; I.C.A., sec. 60-1002.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 10 - FRAUDULENT CONSUMPTION OF GAS › Section 62-1003 - RIGHT TO CIVIL ACTION FOR DAMAGES NOT AFFECTED.

62-1003. RIGHT TO CIVIL ACTION FOR DAMAGES NOT AFFECTED. Nothing herein contained shall be deemed to affect the right of any company, corporation, copartnership, firm or individual, to recover by civil action, in any court of competent jurisdiction the reasonable value of such gas used, or damages for any injury done by such unlawful acts.
History:
[(62-1003) 1921, ch. 208, sec. 3, p. 418; I.C.A., sec. 60-1003.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 11 - RIGHTS OF WAY FOR OIL AND GAS PIPELINES › Section 62-1101 - GRANT OF AUTHORITY.

62-1101. GRANT OF AUTHORITY. Any person, company or corporation incorporated or that may hereafter be incorporated under the laws of this state or of any state or territory of the United States, and doing business in this state, for the purpose of owning, controlling or operating any pipeline for the transmission, delivery, furnishing, or distribution of natural, or manufactured, gas for light, heat, or power, or of owning, controlling and operating any pipeline for the transportation, distribution or delivery of crude petroleum, petroleum products, or of owning, controlling and operating any pipeline as defined by section 61-114, Idaho Code, shall have, and is hereby given, the right to construct, maintain, and operate such pipeline upon, along, and over, or under, any and all public roads, streets, and highways, except within the limits of incorporated municipalities, and across the right of way of any railroad, or railroad corporation, together with the necessary fixtures and appliances and other personal property, including telephone, telegraph and power lines, necessarily incident or appurtenant to the construction, operation, maintenance or management of such pipeline, in such manner and at such places as not to incommode the public use of the road, street, highway, or railroad, or to interrupt the navigation of water.
History:
[(62-1101) 1931, ch. 30, sec. 1, p. 58; I.C.A., sec. 60-1101; am. 1951, ch. 57, sec. 1, p. 83.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 11 - RIGHTS OF WAY FOR OIL AND GAS PIPELINES › Section 62-1102 - CONDITIONS PRECEDENT TO EXERCISE OF RIGHT OF WAY.

62-1102. CONDITIONS PRECEDENT TO EXERCISE OF RIGHT OF WAY. Before exercising the right of way herein and hereby granted, such person, company or corporation shall first apply to the board of county commissioners of the county within which said pipeline, or any part thereof, is located, or to be located, for permission to construct in the manner provided by law, and to acquire a right of way; and such board of county commissioners shall grant such permission and give such right of way upon the condition that the traffic upon such public roads, streets, and highways be as little as possible interfered with, and that such road or highway be promptly restored to its former condition of usefulness, and the restoration thereof be subject also to the supervision of the county commissioners of the county in which said road, street, or highway is situated. And the exercise of the privileges herein conferred shall be subject to the condition that the county shall be compensated for any damage done to such public road, street or highway, and shall be held harmless from any and all liability on account of the laying, construction, maintaining or operating of said pipeline, telegraph, telephone or power line.
History:
[(62-1102) 1931, ch. 30, sec. 2, p. 58; I.C.A., sec. 60-1102; am. 1951, ch. 57, sec. 2, p. 83.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 11 - RIGHTS OF WAY FOR OIL AND GAS PIPELINES › Section 62-1103 - LIMITATION AND CONSTRUCTION OF CHAPTER.

62-1103. LIMITATION AND CONSTRUCTION OF CHAPTER. Nothing herein shall be construed to grant the right to occupy public roads for any railroad or car line of any kind. Nothing herein shall be construed as denying to any incorporated municipality the power and right to grant rights similar to those expressed in section 62-1101[, Idaho Code,] within the limits of such municipalities as to the public roads, streets, highways and public places and railroad rights of way within said municipalities; and any such municipality may grant any such right of way within its limits to any such person, company or corporation.
History:
[(62-1103) 1931, ch. 30, sec. 3, p. 58; I.C.A., sec. 60-1103.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 11 - RIGHTS OF WAY FOR OIL AND GAS PIPELINES › Section 62-1104 - INTERSTATE NATURAL GAS TRANSMISSION PIPELINE — INTERSTATE PETROLEUM PRODUCTS PIPELINE — DUTY TO FILE.

62-1104. INTERSTATE NATURAL GAS TRANSMISSION PIPELINE — INTERSTATE PETROLEUM PRODUCTS PIPELINE — DUTY TO FILE. (1) By July 1, 2023, and by January 1 annually thereafter, in counties where a pipeline company operates an interstate natural gas transmission pipeline or interstate petroleum products pipeline, as recognized by the pipeline and hazardous materials safety administration, the company must file with the county the following:
(a) Interstate natural gas transmission pipeline or interstate petroleum products pipeline location information, including but not limited to the easement or other documents reflecting the actual location of the interstate natural gas transmission pipeline or interstate petroleum products pipeline, marking facilities on design drawings, and maps; and
(b) Current information for three (3) natural people designated as agents authorized to act on the pipeline company’s behalf. Information for each person must include:
(i) First and last name;
(ii) Title or position;
(iii) Mailing address;
(iv) Email address; and
(v) Telephone number.
(2) If a pipeline company fails to comply with the requirements of this section:
(a) The requirement to include the pipeline company’s interstate natural gas transmission pipeline or interstate petroleum products pipeline information on a plat as required by section 50-1304, Idaho Code, is void; and
(b) Notice to the pipeline company, as required by sections 67-6511 and 67-6519, Idaho Code, is void.
History:
[62-1104, added 2023, ch. 140, sec. 2, p. 386.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 12 - FENCES ALONG RAILROADS › Section 62-1201 - PUBLIC UTILITIES COMMISSION MAY REQUIRE FENCE ALONG RAILROADS.

62-1201. PUBLIC UTILITIES COMMISSION MAY REQUIRE FENCE ALONG RAILROADS. The public utilities commission shall have the jurisdiction and authority to require every railroad company or corporation operating any steam or electric railroad in this state to erect and maintain lawful fences on each or either side of such railroad where such railroad is not now required by law to erect and maintain fences, at such places as the public utilities commission shall determine such fences to be necessary to protect cattle, horses or mules or any other domestic animal being ranged or grazed upon land adjacent to such railroad from being wounded, maimed or killed by the operation or management of engines, cars or other rolling stock upon or over such railroad, with necessary openings and gates in such fences, and crossings and cattle guards for such openings and gates.
History:
[62-1201, added 1945, ch. 143, sec. 1, p. 213.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 12 - FENCES ALONG RAILROADS › Section 62-1202 - AUTHORITY EXERCISED UPON VERIFIED APPLICATION.

62-1202. AUTHORITY EXERCISED UPON VERIFIED APPLICATION. Such jurisdiction and authority shall be exercised in each instance only when verified application shall be filed with such commission by not less than fifteen (15) persons owning cattle, horses or mules with the right to range or graze the same upon the lands adjacent to the portion of the railroad sought to be fenced.
History:
[62-1202, added 1945, ch. 143, sec. 2, p. 213.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 12 - FENCES ALONG RAILROADS › Section 62-1203 - CONTENTS OF APPLICATION.

62-1203. CONTENTS OF APPLICATION. Such application shall set forth sufficient description of such lands to identify the same, and the name and address of the owner or owners of such lands, and if any such lands are lands of the United States or the state of Idaho shall designate the agency or department of government administering such lands, and shall also set forth the nature of the right of each petitioner to range or graze cattle, horses, mules or other domestic animals thereon. Such application shall also specify the ownership of the railroad sought to be fenced.
History:
[62-1203, added 1945, ch. 143, sec. 3, p. 213.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 12 - FENCES ALONG RAILROADS › Section 62-1204 - NOTICE OF HEARING.

62-1204. NOTICE OF HEARING. Upon the filing of such application notice thereof and of any hearing by the commission thereon shall be given by mail by the commission to the owner or owners of such lands and if any such land is land of the United States or the state of Idaho, to the agency or department of government administering such land, and to the railroad company or corporation owning or operating the railroad and such owners, agency or department and such railroad shall have the right to protest the granting of such application and be heard thereon.
History:
[62-1204, added 1945, ch. 243, sec. 4, p. 213.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 12 - FENCES ALONG RAILROADS › Section 62-1205 - DETERMINATION OF NECESSITY — TIME ALLOWANCE FOR CONSTRUCTION.

62-1205. DETERMINATION OF NECESSITY — TIME ALLOWANCE FOR CONSTRUCTION. Upon such hearing the public utilities commission shall determine whether or not any fence or fences shall be necessary to protect cattle, horses or mules or any other domestic animals being ranged or grazed upon the land designated in such application, from being wounded, maimed or killed by the operation or management of engines, cars or other rolling stock upon such railroad and may then order that fence or fences be constructed and maintained by the railroad company or corporation at such place or places along such railroad adjacent to the lands designated in such petition as the commission in its discretion shall determine and may fix the time within which such fence or fences shall be constructed and may designate the place or places for necessary openings and gates therein and crossings and cattle guards in connection therewith.
History:
[62-1205, added 1945, ch. 143, sec. 5, p. 213.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 12 - FENCES ALONG RAILROADS › Section 62-1206 - MODIFICATION OR REVOCATION OF ORDERS.

62-1206. MODIFICATION OR REVOCATION OF ORDERS. Such commission shall also have the jurisdiction and authority to modify or revoke any such order when upon its determination the necessity for any such fence shall cease to exist.
History:
[62-1206, added 1945, ch. 143, sec. 6, p. 213.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 12 - FENCES ALONG RAILROADS › Section 62-1207 - PENALTY FOR VIOLATION OF ORDER.

62-1207. PENALTY FOR VIOLATION OF ORDER. The failure of any railroad company or corporation to comply with any order of the commission authorized by this act shall not subject such noncomplying railroad company or corporation, or any of its officers, agents or employees, to any of the penalties prescribed in sections 61-706 to 61-709[, Idaho Code], both inclusive, but shall subject such company or corporation to the liability prescribed by section 61-702 of the Idaho Code.
History:
[62-1207, added 1945, ch. 143, sec. 7, p. 213.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 13 - ELECTRICAL AND NATURAL AND MANUFACTURED GAS CONSUMPTION FROM PUMPING › Section 62-1301 - LEGISLATIVE INTENT.

62-1301. LEGISLATIVE INTENT. The legislature of the state of Idaho recognizes that the issue of ground water depletion requires careful evaluation and study. Pertinent to such evaluation and study is the electric and natural and manufactured gas consumption of motors pumping water from wells.
History:
[62-1301, added 1994, ch. 429, sec. 2, p. 1387.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 13 - ELECTRICAL AND NATURAL AND MANUFACTURED GAS CONSUMPTION FROM PUMPING › Section 62-1302 - SUBMISSION OF PUMPING DATA BY ELECTRIC AND GAS SUPPLIERS.

62-1302. SUBMISSION OF PUMPING DATA BY ELECTRIC AND GAS SUPPLIERS. Upon receipt of a request from the Idaho department of water resources, filed in accordance with procedures of the Idaho public utilities commission, all suppliers of electric power, or natural or manufacturer [manufactured] gas, including those otherwise excepted under section 61-104, Idaho Code, shall submit an annual report after the close of the irrigation season. The report shall contain electric or gas consumption data for all accounts that are categorized as irrigation customers in geographic areas designated by the commission.
History:
[62-1302, added 1994, ch. 429, sec. 2, p. 1387.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 13 - ELECTRICAL AND NATURAL AND MANUFACTURED GAS CONSUMPTION FROM PUMPING › Section 62-1303 - ADOPTION OF PROCEDURES.

62-1303. ADOPTION OF PROCEDURES. The Idaho public utilities commission, after notice and hearing pursuant to its rules of practice and procedure, shall promulgate rules that are necessary to implement the procedures for submission of electric and gas consumption reports. Such procedures shall provide that only the Idaho department of water resources may request electric and gas consumption data. In implementing such rules, the commission shall limit the submission of data to customer name, service location, customer account number, and power or gas consumption.
History:
[62-1303, added 1994, ch. 429, sec. 2, p. 1387.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 13 - ELECTRICAL AND NATURAL AND MANUFACTURED GAS CONSUMPTION FROM PUMPING › Section 62-1304 - COMPENSATION TO SUPPLIERS.

62-1304. COMPENSATION TO SUPPLIERS. Electric or gas suppliers that are required to submit consumption reports shall be entitled to claim reimbursement for the preparation of the required data, under procedures established by the commission. Reimbursement for the costs incurred in preparing and submitting the data will be paid by the Idaho department of water resources.
History:
[62-1304, added 1994, ch. 429, sec. 2, p. 1387.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 13 - ELECTRICAL AND NATURAL AND MANUFACTURED GAS CONSUMPTION FROM PUMPING › Section 62-1305 - SUBMISSION OF DATA TO IDAHO DEPARTMENT OF WATER RESOURCES.

62-1305. SUBMISSION OF DATA TO IDAHO DEPARTMENT OF WATER RESOURCES. As directed by the public utilities commission, electric and natural and manufactured gas suppliers shall forward consumption reports to the department of water resources in the manner prescribed by the commission rules.
History:
[62-1305, added 1994, ch. 429, sec. 2, p. 1388.]
2023 Idaho Code › Title 63 - REVENUE AND TAXATION › Chapter 1 - DEPARTMENT OF REVENUE AND TAXATION › Section 63-101 - DEPARTMENT OF REVENUE AND TAXATION — STATE TAX COMMISSION — BOARD OF TAX APPEALS.

63-101. DEPARTMENT OF REVENUE AND TAXATION — STATE TAX COMMISSION — BOARD OF TAX APPEALS. (1) There is hereby created the department of revenue and taxation, which shall consist of a state tax commission and a board of tax appeals. The department of revenue and taxation shall, for the purposes of section 20, article IV, of the constitution of the state of Idaho, be an executive department of state government.
(2) The state tax commission shall be the constitutional tax commission prescribed in section 12, article VII, of the constitution of the state of Idaho.
(3) The board of tax appeals shall be as provided in chapter 38, title 63, Idaho Code.
(4) The state tax commission may organize itself, or may organize such administrative units under the direction and control of the state tax commission, as deemed necessary for proper and efficient operation in order to exercise the constitutional and statutory authority and functions assigned to the state tax commission by the provisions of this title, or by other laws.
(5) The state tax commission shall consist of four (4) members, not more than two (2) of whom shall belong to the same political party. The members of the state tax commission shall be appointed by the governor, by and with the consent of the senate; and shall be subject to removal by impeachment as provided in chapter 40, title 19, Idaho Code.
(6) Appointments, except appointments to fill vacancies, shall be for a term of six (6) years. Appointments to fill a vacancy shall be made by the governor, and the name of the appointee shall be submitted to the senate for confirmation at the next regular or extraordinary session, and upon confirmation of the appointment, the appointee shall hold office for the unexpired term.
(7) Each member of the state tax commission shall take, subscribe and file with the secretary of state an oath of office in the form, time and manner prescribed in chapter 4, title 59, Idaho Code. Each state tax commissioner shall be bonded to the state of Idaho in the form, time and manner prescribed in chapter 8, title 59, Idaho Code.
(8) The state tax commission shall have an office in Ada county and may establish temporary offices at any place within the state whenever necessary for the discharge of the state tax commission’s duties.
(9) The state tax commission shall have an official seal, of which an impression and description shall be filed with the secretary of state. Judicial notice shall be taken of the seal of the state tax commission. Copies of papers, records, proceedings and documents in the possession of the state tax commission may be authenticated by affixation of the seal of the commission and the attestation of the chairman of the commission, and when so sealed and attested shall be received in evidence in all courts with the same effect as the originals.
History:
[63-101 added 1996, ch. 98, sec. 2, p. 309; am. 2001, ch. 183, sec. 28, p. 637.]
2023 Idaho Code › Title 63 - REVENUE AND TAXATION › Chapter 1 - DEPARTMENT OF REVENUE AND TAXATION › Section 63-102 - ORGANIZATION — CHAIRMAN — COMPENSATION — QUORUM — HEARINGS.

63-102. ORGANIZATION — CHAIRMAN — COMPENSATION — QUORUM — HEARINGS. (1) A member of the state tax commission shall be appointed by the governor, to serve at his pleasure, as chairman. Each member of the state tax commission shall devote full time to the performance of duties. Commencing on July 1, 2023, the annual salary for members of the state tax commission shall be one hundred thirteen thousand nine hundred seventy-seven dollars ($113,977).
(2) A majority of the state tax commission shall constitute a quorum for the transaction of business. The state tax commission may delegate to any member of the commission or to its employees the power to make investigations and hold hearings at any place it may deem proper and such other matters as will facilitate the operations of the commission.
(3) The chairman of the state tax commission shall delegate to each commissioner the responsibility for policy management and oversight of one (1) or more of the taxes collected and activities supervised or administered by the commission. The state tax commission shall perform the duties imposed upon it by law and shall adopt all rules by majority decision. In any case in which the state tax commission sits as an appellate body upon an appeal from a tax decision from one (1) of the various administrative units subject to its supervision, the state tax commissioner charged with responsibility for policy management and oversight of the tax in controversy shall not vote upon the appeal but may advise the remaining members of the commission on the technical aspects of the problems before them.
(4) The chairman shall be the chief executive officer and administrative head of the state tax commission and shall be responsible for and, with the advice and consent of the state tax commission, may assign responsibility for all personnel, budgetary and/or fiscal matters of the state tax commission. Delegations of authority involving personnel, budgetary and/or fiscal matters shall be reviewed by request, and sustained by an affirmative vote, of the majority of the state tax commission.
History:
[63-102, added 1996, ch. 98, sec. 2, p. 310; am. 1997, ch. 169, sec. 1, p. 483; am. 1998, ch. 358, sec. 3, p. 1122; am. 2000, ch. 359, sec. 2, p. 1196; am. 2001, ch. 279, sec. 1, p. 1009; am. 2004, ch. 281, sec. 2, p. 775; am. 2006, ch. 368, sec. 2, p. 1106; am. 2007, ch. 121, sec. 2, p. 371; am. 2008, ch. 285, sec. 2, p. 807; am. 2012, ch. 224, sec. 2, p. 610; am. 2014, ch. 316, sec. 2, p. 781; am. 2015, ch. 120, sec. 2, p. 306; am. 2016, ch. 247, sec. 2, p. 660; am. 2017, ch. 316, sec. 2, p. 831; am. 2018, ch. 336, sec. 3, p. 767; am. 2019, ch. 309, sec. 3, p. 931; am. 2020, ch. 339, sec. 3, p. 994; am. 2021, ch. 279, sec. 3, p. 834; am. 2022, ch. 224, sec. 1, p. 738; am. 2022, ch. 243, sec. 2, p. 778; am. 2023, ch. 270, sec. 2, p. 812.]
2023 Idaho Code › Title 63 - REVENUE AND TAXATION › Chapter 1 - DEPARTMENT OF REVENUE AND TAXATION › Section 63-103 - EMPLOYEES — COMPENSATION — EXPENSES.

63-103. EMPLOYEES — COMPENSATION — EXPENSES. (1) The state tax commission may employ an officer who shall serve as secretary of the commission and shall also employ such other persons as may be necessary for the performance of its duties. Certain of its employees may be designated as deputies who shall perform such duties as prescribed by the state tax commission. The state tax commission may delegate to any of its employees the duty of assisting in the collection, audit, inspection and enforcement of any tax or license and may authorize any of its employees to act in its place and stead. The state tax commission may delegate any other function, responsibility or duty imposed upon the commission to one (1) or more commissioners or deputy commissioners; provided however, where the amount in issue relating to the tax liability of any taxpayer is equal to or exceeds fifty thousand dollars ($50,000), and the commission has delegated the authority to compromise such liability to an individual commissioner, the settlement or closing agreement procedure shall be governed by the provisions of section 63-3048, Idaho Code.
(2) The compensation of all state tax commission employees shall be paid upon the same basis and in the same manner as the compensation of other state employees is paid.
(3) The traveling expenses of the members of the state tax commission and its employees when traveling in performance of official duty, and other necessary expenses incurred in performance of its duties, shall be paid upon the same basis and in the same manner as the expenses of other state employees are paid.
History:
[63-103, added 1996, ch. 98, sec. 2, p. 311; am. 1997, ch. 173, sec. 1, p. 491; am. 2009, ch. 120, sec. 1, p. 384.]