reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 17 - SITING OF CERTAIN ELECTRICAL TRANSMISSION FACILITIES › Section 61-1701 - LEGISLATIVE PURPOSES AND FINDINGS.

61-1701. LEGISLATIVE PURPOSES AND FINDINGS. (1) The provisions of this chapter apply to the construction or modification of transmission facilities located in a national interest electric transmission corridor designated by the secretary of the United States department of energy under section 1221 of the energy policy act of 2005. The purpose of this chapter is to provide for the efficient and timely review of applications for the siting of electric transmission facilities in federally designated national interest electric transmission corridors. The review is intended to facilitate participation from all interested entities and individuals and to avoid federal preemption.
(2) The legislature finds that the efficient and safe transmission of electricity is critical to the well-being of the citizens and the economy of this state, the region and the nation. The legislature further finds that enactment of this chapter is necessary for the protection of the public welfare and public interest.
(3) After the secretary has designated national interest electric transmission corridors in Idaho, no construction or modification of transmission facilities may be undertaken in a national interest electric transmission corridor without first obtaining a route certificate from the commission.
History:
[61-1701, added 2007, ch. 186, sec. 1, p. 535.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 17 - SITING OF CERTAIN ELECTRICAL TRANSMISSION FACILITIES › Section 61-1702 - DEFINITIONS.

61-1702. DEFINITIONS. (1) "Affected landowner" includes owners of property interests, as reflected in the most recent county or city tax records as receiving the tax notice, whose property:
(a) Is directly affected, either crossed or used, by the proposed transmission line, including all facility sites, rights-of-way, access roads and temporary work spaces; and
(b) Abuts either side of an existing right-of-way or facility site owned in fee by any utility company, or abuts the edge of a proposed transmission line or right-of-way which runs along a property line in the area in which the transmission line would be constructed, or contains a residence within fifty (50) feet of the proposed transmission line.
(2) "Application" means any request by a transmitting utility for a route certificate for the construction and operation of new transmission facilities or the modification of existing transmission facilities located in a national interest electric transmission corridor in Idaho.
(3) "Commission" means the Idaho public utilities commission.
(4) "Local government" means a city or county.
(5) "National interest electric transmission corridor" is any geographic area designated by the secretary of energy as experiencing electric energy transmission capacity constraints or congestion pursuant to section 1221 of the energy policy act of 2005.
(6) "Secretary" means the secretary of the United States department of energy.
(7) "Transmission facility" means:
(a) Newly constructed high voltage transmission lines with an operating level capacity of one hundred fifteen thousand (115,000) volts or more;
(b) Rebuilt and upgraded existing high voltage transmission lines with an operating level capacity of at least fifty-seven thousand (57,000) volts to one hundred fifteen thousand (115,000) volts or more along the same right-of-way; or
(c) Electric facilities associated with high voltage transmission lines such as substations, switchyards or temporary contractor work yards.
(8) "Transmitting utility" is an entity that owns, operates or controls facilities used for the transmission of electric energy in interstate commerce.
History:
[61-1702, added 2007, ch. 186, sec. 1, p. 535; am. 2016, ch. 47, sec. 40, p. 125.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 17 - SITING OF CERTAIN ELECTRICAL TRANSMISSION FACILITIES › Section 61-1703 - COMMISSION AUTHORITY — PREEMPTION — RULES.

61-1703. COMMISSION AUTHORITY — PREEMPTION — RULES. (1) In the event that the secretary designates a national interest electric transmission corridor within Idaho, the public utilities commission is authorized to review the siting of all electric transmission facilities within such federally designated corridor. After notice and an opportunity for hearing, the commission shall review and deny, approve, or approve with conditions an application seeking a route certificate to construct transmission facilities within a designated national interest electric transmission corridor.
(2) In reviewing an application for a route certificate, the commission shall base its findings on the following standards:
(a) The regional or national benefits expected to be achieved by the proposed construction or modification of transmission facilities;
(b) The proposed construction or modification will significantly reduce transmission congestion in interstate commerce and benefit electric consumers;
(c) The proposed construction or modification is consistent with sound national energy policy and will enhance energy independence;
(d) The proposed construction or modification is consistent with the public interest;
(e) The proposed route minimizes adverse impacts on the important environmental features of the state and localities to the extent reasonable and economical;
(f) The transmission utility has the financial ability and experience to undertake the construction of transmission facilities; and
(g) The proposed modification will maximize, to the extent reasonable and economical, and consistent with reliability planning, the transmission capabilities of existing towers or structures.
(3) The commission is vested with the authority to preempt local government land use decisions pertaining to the construction of transmission facilities in national interest electric transmission corridors in the following instances:
(a) If a local government has denied or not authorized a transmitting utility to construct transmission facilities in a designated national interest electric transmission corridor by sixty (60) days after an application for a route certificate has been filed with the commission; or
(b) If the transmitting utility claims that a local land use condition imposed by a local government is unreasonable or not economical, then the commission may preempt the local government’s denial, lack of decision or conditioned decision after giving the affected local government an opportunity to appear before the commission.
The transmitting utility shall have the burden of demonstrating that the local government’s final land use decision will not be timely issued, is unreasonable, or is not economical.
(4) The commission may promulgate temporary and proposed rules as may be necessary to implement the timely review of applications for transmission routing certificates in a national interest electric transmission corridor.
History:
[61-1703, added 2007, ch. 186, sec. 1, p. 536.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 17 - SITING OF CERTAIN ELECTRICAL TRANSMISSION FACILITIES › Section 61-1706 - CONSTRUCTION STANDARDS.

61-1706. CONSTRUCTION STANDARDS. Each transmitting utility will construct, install, operate, and maintain its transmission facility in compliance with the current edition of the national electrical safety code published by the institute of electrical and electronic engineers, inc. Transmission facilities shall be constructed and operated in a manner to best accommodate the public and to prevent interference with service furnished by other public utilities insofar as practical.
History:
[61-1706, added 2007, ch. 186, sec. 1, p. 542.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 17 - SITING OF CERTAIN ELECTRICAL TRANSMISSION FACILITIES › Section 61-1707 - PUBLIC WORKSHOPS.

61-1707. PUBLIC WORKSHOPS. (1) After a transmitting utility has filed its notice of intent with the commission and before it files the application for a route certificate, the transmitting utility shall conduct informal public workshops at location(s) along the proposed transmission route. The purpose of the workshops is to provide information about the transmission project and the process for obtaining construction authority.
(2) After a transmitting utility has filed an application for a route certificate, the commission will determine whether the staff should conduct an informational public workshop at locations along the proposed transmission route. The purpose of the public workshop is for the commission staff to dispense information concerning the transmission utility’s application and to advise interested persons on how to participate in the commission’s review proceeding.
(3) Notice of the public workshops shall be issued a minimum of fourteen (14) days prior to the workshop to newspapers of general circulation and radio and television stations in the affected area.
History:
[61-1707, added 2007, ch. 186, sec. 1, p. 542.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 17 - SITING OF CERTAIN ELECTRICAL TRANSMISSION FACILITIES › Section 61-1708 - EFFECT OF ISSUANCE OF ROUTE CERTIFICATION.

61-1708. EFFECT OF ISSUANCE OF ROUTE CERTIFICATION. (1) Subject to any conditions attached to the certificate by the commission, a final commission order granting a route certificate shall bind the state and each of its agencies, divisions, bureaus, commissions, boards and local governments as to the approval of the authorized transmission route and the construction and operation of the authorized transmission facility.
(2) Issuance of a route certificate to a transmitting utility authorizes the utility to exercise the right of eminent domain pursuant to chapter 7, title 7, Idaho Code.
(3) Issuance of the route certificate shall not be construed to preempt jurisdiction of any state agency or local government over matters that are not included in and governed by the route certificate including, but not limited to, employee health and safety, wage and hour or other labor regulations, other design and operational issues that do not relate to the siting of the transmission facilities.
History:
[61-1708, added 2007, ch. 186, sec. 1, p. 542.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 17 - SITING OF CERTAIN ELECTRICAL TRANSMISSION FACILITIES › Section 61-1709 - COMMISSION PROCEDURES — ADMINISTRATIVE REMEDY — RECONSIDERATION — JUDICIAL REVIEW.

61-1709. COMMISSION PROCEDURES — ADMINISTRATIVE REMEDY — RECONSIDERATION — JUDICIAL REVIEW. (1) All matters arising under this chapter shall be governed by the commission’s rules of procedure.
(2) The commission’s proceeding to review an application for a route certificate for the construction of transmission facilities in a designated national interest electric transmission corridor shall constitute a necessary administrative remedy for a person aggrieved by a local government’s final land use action on a transmitting utility’s application to construct transmission facilities in a designated national interest electric transmission corridor. Judicial review shall not be available from a local government’s final land use decision concerning a transmitting utility’s application to construct transmission facilities in a national interest electric transmission corridor. A person aggrieved by a local government’s final land use action involving the construction of a proposed transmission facility route in a national interest electric transmission corridor must participate in the commission’s proceeding and seek judicial review of the commission’s final order.
(3) 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:
[61-1709, added 2007, ch. 186, sec. 1, p. 543.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 1 - RAILROAD CORPORATIONS — GENERAL PROVISIONS AND POWERS › Section 62-101 - ELECTION OF DIRECTORS.

62-101. ELECTION OF DIRECTORS. Directors of railroad corporations may be elected at a meeting of the stockholders other than the annual meeting, as a majority of the fixed capital stock may determine, or as the by-laws may provide; notice thereof to be given as provided for notices of meetings to adopt by-laws in chapter 1 of title 30.
History:
[(62-101) R.S., sec. 2663; reen. R.C. & C.L., sec. 2793; C.S., sec. 4793; I.C.A., sec. 60-101.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 1 - RAILROAD CORPORATIONS — GENERAL PROVISIONS AND POWERS › Section 62-102 - ISSUANCE OF BONDS.

62-102. ISSUANCE OF BONDS. Railroad corporations may borrow on the credit of the corporation, and under such regulations and restrictions as the directors thereof may impose, such sums of money as may be necessary for constructing, completing, equipping, extending and improving their railroad, and all else relative thereto, and for leasing, purchasing or operating the whole or any part of the railroad of any other railroad corporation, together with the franchises, powers, immunities, and all other property or appurtenances appertaining thereto, and may issue and dispose of bonds and promissory notes therefor bearing interest at a rate not exceeding ten per cent (10%) per annum, and may also issue bonds and promissory notes bearing interest not in excess of the rate aforesaid, in payment of any debts or contracts for constructing, completing, equipping, extending and improving their road, and all else relative thereto, and for leasing, purchasing or operating the whole or any part of the railroad of any other railroad corporation, together with the franchises, powers, immunities and all other property or appurtenances appertaining thereto and to secure the payment of any or all of such bonds and notes, they may mortgage their corporate property and franchises.
History:
[(62-102) R.S., sec. 2664; reen. R.C., sec. 2791; am. 1911, ch. 11, sec. 1, p. 28; am. 1915, ch. 13, sec. 1, p. 49; reen. C.L., sec. 2794; C.S., sec. 4794; I.C.A., sec. 60-102.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 1 - RAILROAD CORPORATIONS — GENERAL PROVISIONS AND POWERS › Section 62-103 - BONDS — SINKING FUND — CONVERSION INTO STOCK.

62-103. BONDS — SINKING FUND — CONVERSION INTO STOCK. The directors must provide a sinking fund, to be specially applied to the redemption of such bonds on or before their maturity, and may also confer on any holder of any bond or note issued, for money borrowed or in payment of any debt or contract for the construction and equipment of such road, the right to convert the principal due or owing thereon into stock of such corporation, at any time within eight (8) years from the date of such bonds, under such regulations as the directors may adopt.
History:
[(62-103) R.S., sec. 2665; reen. R.C. & C.L., sec. 2795; C.S., sec. 4795; I.C.A., sec. 60-103.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 1 - RAILROAD CORPORATIONS — GENERAL PROVISIONS AND POWERS › Section 62-105 - PURCHASE, SALE AND GUARANTY OF SECURITIES.

62-105. PURCHASE, SALE AND GUARANTY OF SECURITIES. Any railroad corporation, whether chartered by, or organized under, the laws of this state or of the territory of Idaho, or of the United States, or of any other state or territory, may take, purchase, hold, sell and dispose of, or guarantee the payment of, the bonds and securities of any other railroad corporation whose line of railroad is continuous of, or by lease, traffic contract, or otherwise connected with, its own line.
History:
[(62-105) 1890-1891, p. 16, sec. 1; reen. 1899, p. 10, sec. 1; reen. R.C. & C.L., sec. 2797; C.S., sec. 4797; I.C.A., sec. 60-105.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 1 - RAILROAD CORPORATIONS — GENERAL PROVISIONS AND POWERS › Section 62-106 - BRIDGING NAVIGABLE STREAMS.

62-106. BRIDGING NAVIGABLE STREAMS. Any railroad corporation heretofore duly organized and incorporated under the laws of this state, or of the United States, or of any other state or territory, or which may hereafter be duly incorporated and organized under the laws of this state, or of the United States, or of any other state or territory, and authorized to do business in this state and to construct and operate railroads therein, shall have, and hereby is given, the right to build and construct, possess and own, bridges across the navigable streams and waters within this state, over or across which the projected line or lines of railway of such railroad corporation, or either of them, will run: provided, that said bridges are to be constructed in good faith for the purpose of being made a part of the constructed line of said railroad, or a part of any of the line thereof to be constructed and in course of construction, and to be used by such railroad corporation as a part of its line of railroad so constructed, or to be constructed, for the more convenient, expeditious and safe operation thereof: provided further, that such bridges shall be so constructed as to not interfere with, impede or obstruct the navigation of such stream or navigable waters, and shall comply with, and be subject to, the acts of congress relating to navigable streams, and the rules and regulations of the executive departments.
History:
[(62-106) 1890-1891, p. 32, sec. 1; reen. 1899, p. 20, sec. 1; reen. R.C. & C.L., sec. 2798; C.S., sec. 4798; I.C.A., sec. 60-106.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 1 - RAILROAD CORPORATIONS — GENERAL PROVISIONS AND POWERS › Section 62-107 - CONSTRUCTION OF EXTENSIONS AND BRANCHES.

62-107. CONSTRUCTION OF EXTENSIONS AND BRANCHES. Any railroad corporation chartered by or organized under the laws of this state, or of any state or territory, or under the laws of the United States, and authorized to do business in this state, may extend its railroad from any point named in its charter or articles of incorporation, or may build branch roads, either from any point on its line of road or from any point on the line of any other railroad connecting, or to be connected, with its road, the use of which other road between such points and the connection with its own road, such corporation shall have secured by lease or agreement for a term of not less than ten (10) years from its date. Before making any such extension, or building any such branch road, such corporation shall, by resolution of its directors or trustees, to be entered in the record of its proceedings, designate the route of such proposed extension or branch by indicating the place from and to which said railroad is to be constructed, and the estimated length of such railroad, and the name of each county in this state through or into which it is constructed or intended to be constructed, and file a copy of such record, certified by the president and secretary, in the office of the secretary of state, who shall indorse thereon the date of filing thereof and record the same. Thereupon such corporation shall have all the rights and privileges to make such extension or build such branch, and receive aid thereto, which it would have had if it had been authorized in its charter or articles of incorporation.
History:
[(62-107) 1890-1891, p. 124, sec. 1; reen. 1899, p. 81, sec. 1; reen. R.C. & C.L., sec. 2799; C.S., sec. 4799; I.C.A., sec. 60-107.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 1 - RAILROAD CORPORATIONS — GENERAL PROVISIONS AND POWERS › Section 62-109 - EXTENSIONS INTO THE STATE.

62-109. EXTENSIONS INTO THE STATE. Any railroad corporation chartered by or organized under the laws of the United States, or of any state or territory, whose constructed railroad shall reach or intersect the boundary line of this state at any point, may extend its railroad into the state from any such point or points to any place or places within this state, and may build branches from any point on such extension. Before making such extension, or building any such branch road, such corporation shall, by resolution of its directors or trustees, to be entered in the record of its proceedings, designate the route of such proposed extension or branch by indicating the place from and to which such extension or branch is to be constructed, and the estimated length of such extension or branch, and the name of each county in this state through or into which it is constructed or intended to be constructed, and file a copy of such record, certified by the president and secretary, in the office of the secretary of state, who shall indorse thereon the date of filing thereof and record the same. Thereupon such corporation shall have all the rights and privileges to make such extension, or build such branch, and receive such aid thereto as it would have had had it been authorized so to do by articles of incorporation duly filed in accordance with the laws of this state. It shall be the duty of railroad companies, when intersecting or crossing any other railroad in this state, to so arrange their sidetracks or switches that cars or freight may be readily transferred from one track to the other at the option of the shipper.
History:
[(62-109) 1890-1891, p. 124, sec. 3; reen. 1899, p. 81, sec. 3; reen. R.C. & C.L., sec. 2801; C.S., sec. 4801; I.C.A., sec. 60-109.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 1 - RAILROAD CORPORATIONS — GENERAL PROVISIONS AND POWERS › Section 62-110 - APPLICATION AND CONSTRUCTION OF PRECEDING SECTIONS.

62-110. APPLICATION AND CONSTRUCTION OF PRECEDING SECTIONS. The three (3) preceding sections shall not apply to any corporations before such corporations shall have filed an acceptance of the provisions of the state constitution, as provided in section 7, of article 11, of the constitution, nor shall anything in said sections contained ever be so construed as to exempt any railroad property from taxation.
History:
[(62-110) 1890-1891, p. 124, sec.sec. 4, 5; reen. 1899, p. 81, sec.sec. 4, 5; am. R.C., sec. 2802; reen. C.L., sec. 2802; C.S., sec. 4802; I.C.A., sec. 60-110.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 2 - CONSTRUCTION OF RAILROADS › Section 62-201 - MAP AND PROFILE.

62-201. MAP AND PROFILE. Every railroad corporation in this state must, within a reasonable time after its road is finally located, cause to be made a map and profile thereof, and of the land acquired for the use thereof, and the boundaries of the several counties through which the road may run, and file the same in the office of the secretary of state; and also like maps of the parts thereof located in different counties, and file the same in the office of the recorder of the county in which such parts of the road are, there to remain of record forever. The maps and profiles must be certified by the chief engineer, the acting president and secretary of such company, and copies of the same, so certified and filed, be kept in the office of the secretary of the corporation, subject to examination by all parties interested.
History:
[(62-201) R.S., sec. 2667; reen. R.C. & C.L., sec. 2803; C.S., sec. 4803; I.C.A., sec. 60-201.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 2 - CONSTRUCTION OF RAILROADS › Section 62-202 - ALTERING LOCATION.

62-202. ALTERING LOCATION. If, at any time after the location of the line of the railroad and the filing of the maps and profiles thereof, as provided in the preceding section, it appears that the location can be improved, the directors may, as provided in subdivision 7, of section 62-104[, Idaho Code], alter or change the same, and cause new maps and profiles to be filed, showing such changes, in the same offices where the originals are on file, and may proceed, in the same manner as the original location was acquired, to acquire and take possession of such new line, and must sell or relinquish the lands owned by them for the original location, within five (5) years after such change. No new location as herein provided, must be run so as to avoid any points named in their articles of incorporation.
History:
[(62-202) R.S., sec. 2668; reen. R.C. & C.L., sec. 2804; C.S., sec. 4804; I.C.A., sec. 60-202.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 2 - CONSTRUCTION OF RAILROADS › Section 62-203 - TIME FOR COMMENCING AND COMPLETING CONSTRUCTION.

62-203. TIME FOR COMMENCING AND COMPLETING CONSTRUCTION. Every railroad corporation must, within two (2) years after filing its original articles of incorporation, begin the construction of its road, and must every year thereafter complete and put in full operation at least five (5) miles of its road, until the same is fully completed; and upon its failure so to do, for the period of one (1) year, its right to extend its road beyond the point then completed is forfeited.
History:
[(62-203) R.S., sec. 2669; reen. R.C. & C.L., sec. 2805; C.S., sec. 4805; I.C.A., sec. 60-203.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 2 - CONSTRUCTION OF RAILROADS › Section 62-204 - CROSSINGS AND INTERSECTIONS.

62-204. CROSSINGS AND INTERSECTIONS. Whenever the track of one (1) railroad intersects or crosses the track of another railroad, whether the same be a street railroad, wholly within the limits of a city or town, or other railroad, the rails of either or each road must be so cut and adjusted as to permit the passage of the cars on each road with as little obstruction as possible; and in case the persons or corporations owning the railroads cannot agree as to the compensation to be made for cutting and adjusting the rails, the condemnation of the right of way over the one for the use of the other road may be had in proceedings under the Code of Civil Procedure, and the damages assessed and the right of way granted as in other cases.
History:
[(62-204) R.S., sec. 2670; reen. R.C. & C.L., sec. 2806; C.S., sec. 4806; I.C.A., sec. 60-204.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 2 - CONSTRUCTION OF RAILROADS › Section 62-205 - USE OF STREETS — CONSENT OF AUTHORITIES.

62-205. USE OF STREETS — CONSENT OF AUTHORITIES. No railroad corporation must use any street, alley or highway, or any of the land or water within any incorporated city or town, unless the right to so use the same is granted by a two-thirds vote of the town or city authority from which the right must emanate.
History:
[(62-205) R.S., sec. 2671; reen. R.C. & C.L., sec. 2807; C.S., sec. 4807; I.C.A., sec. 60-205.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 2 - CONSTRUCTION OF RAILROADS › Section 62-206 - CROSSING OTHER RAILROADS AND HIGHWAYS.

62-206. CROSSING OTHER RAILROADS AND HIGHWAYS. Whenever the track of such railroad crosses a railroad or highway, such railroad or highway may be carried under, over, or on a level with the track as may be most expedient; and in cases where an embankment or cutting necessitates a change in the line of such railroad or highway, the corporation may take such additional lands and materials as are necessary for the construction of such road or highway on such new line. If such other necessary lands cannot be had otherwise, they may be condemned as provided in the Code of Civil Procedure; and when compensation is made therefor, the same becomes the property of the corporation.
History:
[(62-206) R.S., sec. 2672; reen. R.C. & C.L., sec. 2808; C.S., sec. 4808; I.C.A., sec. 60-206.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 3 - RAILROAD CROSSINGS ON HIGHWAYS › Section 62-301 - CROSSINGS OF STATE HIGHWAYS AND RAILROADS — ELIMINATION OR ALTERATION — COST.

62-301. CROSSINGS OF STATE HIGHWAYS AND RAILROADS — ELIMINATION OR ALTERATION — COST. Whenever a state highway crosses or shall hereafter cross one or more railroads, and whenever the Idaho transportation department shall determine that the elimination of a grade crossing, whether by separation of grades or by relocation of the highway or railroad or both, or the reconstruction of an existing structure under or over the railroad or railroads, is necessary for public safety and convenience or for the proper construction or reconstruction of said state highway, the said Idaho transportation department shall have full authority to negotiate with and enter into an agreement with the railroad company or companies, and with any other persons and authorities concerned, to provide for the method of elimination or alteration and for the division of the cost thereof between the state and the railroad company or companies and any other parties to such agreement, such cost to include all changes of highway or railroads made necessary by the existence of the crossing and by the elimination or alteration thereof, and the acquisition of any right of way required therefor.
History:
[(62-301) 1929, ch. 151, sec. 1, p. 274; I.C.A., sec. 60-301; am. 1967, ch. 11, sec. 1, p. 17; am. 1974, ch. 12, sec. 89, p. 61.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 3 - RAILROAD CROSSINGS ON HIGHWAYS › Section 62-302 - COMPLAINT TO PUBLIC UTILITIES COMMISSION.

62-302. COMPLAINT TO PUBLIC UTILITIES COMMISSION. If the Idaho transportation department shall be unable to agree with the railroad company or companies upon the elimination or alteration to be made or upon the division of the cost of such elimination or alteration, said department, or railroad company or companies, shall make written complaint to the public utilities commission, setting forth the changes and alteration desired and the necessity therefor.
History:
[(62-302) 1929, ch. 151, sec. 2, p. 274; I.C.A., sec. 60-302; am. 1967, ch. 11, sec. 2, p. 17; am. 1974, ch. 12, sec. 90, p. 61.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 3 - RAILROAD CROSSINGS ON HIGHWAYS › Section 62-303 - CROSSINGS NOT ON STATE HIGHWAYS — ELIMINATION OR ALTERATION.

62-303. CROSSINGS NOT ON STATE HIGHWAYS — ELIMINATION OR ALTERATION. Whenever a highway not a state highway crosses one or more railroads, the local authorities in their respective jurisdictions, or railroad company or companies, shall have the same authority and perform the same duties with respect to the elimination or alteration of such crossing as are granted to and required of the Idaho transportation department and railroad company or companies by this chapter.
History:
[(62-303) 1929, ch. 151, sec. 3, p. 274; I.C.A., sec. 60-303; am. 1967, ch. 11, sec. 3, p. 17; am. 1974, ch. 12, sec. 91, p. 61.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 3 - RAILROAD CROSSINGS ON HIGHWAYS › Section 62-304 - HEARING AND ORDER BY PUBLIC UTILITIES COMMISSION.

62-304. HEARING AND ORDER BY PUBLIC UTILITIES COMMISSION. Whenever a complaint is made to the public utilities commission by the Idaho transportation department, or by a railroad company or companies, or upon motion by the Idaho public utilities commission, or local authorities in their respective jurisdictions with respect to the elimination or alteration of a crossing of a highway with one or more railroads the said commission shall and is hereby authorized and empowered to hear and determine such complaint in accordance with the provisions of chapters 1 to 7, inclusive, title 61, Idaho Code, taking into consideration the necessity for such elimination or alteration and the cost thereof, the location of any crossing and the manner in which it shall be constructed or reconstructed and maintained, or whether a crossing is to be eliminated and the provisions therefor, and shall make such order in relation thereto as shall be equitable, and shall determine what portion of the cost shall be paid by any party to the controversy: provided, that no cost shall be charged to the Idaho public utilities commission, and that no portion of the cost of eliminating or altering a crossing not on a state highway shall be ordered to be paid out of the state highway fund.
History:
[(62-304) 1929, ch. 151, sec. 4, p. 274; I.C.A., sec. 60-304; am. 1967, ch. 11, sec. 4, p. 17; am. 1974, ch. 12, sec. 92, p. 61.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 3 - RAILROAD CROSSINGS ON HIGHWAYS › Section 62-304A - CREATION OF RAILROAD GRADE CROSSING PROTECTION FUND.

62-304A. CREATION OF RAILROAD GRADE CROSSING PROTECTION FUND. In order to promote the public safety at railroad grade crossings and public streets, roads or highways and to provide for the payment of all or part of the costs of installing, reconstructing, maintaining or improving automatic or other safety appliances, signals or devices at railroad grade crossings of public streets, roads or highways over the tracks of any railroad company or companies, or to support public education and safety programs which promote awareness of public safety at railroad grade crossings of public streets, roads or highways, there is hereby created in the dedicated fund in the state treasury a fund to be known as the railroad grade crossing protection fund.
History:
[62-304A, added 1979, ch. 218, sec. 5, p. 605; am. 2002, ch. 76, sec. 1, p. 173.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 3 - RAILROAD CROSSINGS ON HIGHWAYS › Section 62-304B - ADMINISTRATION OF THE RAILROAD GRADE CROSSING PROTECTION ACCOUNT.

62-304B. ADMINISTRATION OF THE RAILROAD GRADE CROSSING PROTECTION ACCOUNT. Subject to the provisions of section 62-304, Idaho Code, the Idaho transportation department is charged with sole and exclusive administration of the railroad grade crossing protection account.
History:
[62-304B, added 1979, ch. 218, sec. 6, p. 605.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 3 - RAILROAD CROSSINGS ON HIGHWAYS › Section 62-304C - APPORTIONMENT OF COSTS.

62-304C. APPORTIONMENT OF COSTS. The Idaho transportation department shall follow federal guidelines on such grade crossing improvement projects as are to be funded in whole or in part under any federal act, and where the project is not funded entirely by federal funds, the Idaho transportation department may use moneys in the railroad grade crossing protection fund to pay all or a portion of the matching funds required.
On projects where federal-aid funds are not being utilized in whole or in part, the Idaho transportation department shall apportion the entire cost of the engineering, installation, reconstruction or improvement of any signal or device as described in section 62-304A, Idaho Code, between the railroad company or companies and the Idaho transportation department or the local authority, in proportion to the respective benefits to be derived. The Idaho transportation department may use moneys in the railroad grade crossing protection fund to pay all or a portion of the cost apportioned to the Idaho transportation department or local authority involved.
The railroad company or companies owning the track or tracks upon which the improvement shall be made shall perform all construction and maintenance of the signals or devices and shall be reimbursed for such part of said costs not to be borne by it, but in allocating said costs and dividing the same among the parties involved, the Idaho transportation department shall limit the amount to be charged against the railroad company or companies to a maximum of ten percent (10%) of the total cost of such construction, unless the crossing is a new one proposed by the railroad company or companies, in which case the entire cost of construction shall be apportioned to said railroad company or companies.
Upon application to the Idaho transportation department, and with the approval of the Idaho transportation board, a maximum of twenty-five thousand dollars ($25,000) annually may be provided from the railroad grade crossing protection fund to support public education and safety programs which promote awareness of public safety at railroad grade crossings of public streets, roads or highways over the tracks of any railroad company or companies.
History:
[62-304C, added 1979, ch. 218, sec. 7, p. 606; am. 1994, ch. 315, sec. 2, p. 1005; am. 2002, ch. 76, sec. 2, p. 174.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 3 - RAILROAD CROSSINGS ON HIGHWAYS › Section 62-304D - ESTABLISHING PRIORITIES FOR HAZARDOUS RAILROAD LOCATIONS — ACCIDENT REPORTS TO BE FILED WITH IDAHO TRANSPORTATION DEPARTMENT.

62-304D. ESTABLISHING PRIORITIES FOR HAZARDOUS RAILROAD LOCATIONS — ACCIDENT REPORTS TO BE FILED WITH IDAHO TRANSPORTATION DEPARTMENT. In its administration of the railroad grade crossing protection account, the Idaho transportation department shall establish a priority rating for railroad crossings, assigning priority first to the most hazardous railroad crossing locations, giving proper weight to traffic volume over such crossings by school buses and vehicles transporting dangerous commodities and if the Idaho transportation department determines from all of the evidence that public safety does not require installation of protective signals or devices at a crossing under consideration, it may refuse to order the installation of signals or devices or may defer their installation until more hazardous crossings have been protected. Every railroad company shall file with the Idaho transportation department a copy of each report of accident which is filed with the Idaho public utilities commission pursuant to the provisions of section 61-517, Idaho Code, for the Idaho transportation department to consider in making its determination. No part of any report filed with the Idaho transportation department as required in this section, or of any record, or a copy thereof, of any hearing held under the provisions of this act or of the determination provided for in this section and no finding, conclusion or order made by the Idaho transportation department in the administration of this act shall be used as evidence in any trial, civil or criminal, arising out of an accident at or in the vicinity of any crossing prior to installation of signals or other warning devices pursuant to an order of the Idaho transportation department as a result of any such investigation or proceeding.
History:
[62-304D, added 1979, ch. 218, sec. 8, p. 606.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 3 - RAILROAD CROSSINGS ON HIGHWAYS › Section 62-305 - CLOSING AND ABANDONMENT OF CROSSINGS UPON RELOCATION OF HIGHWAYS OR CONSTRUCTION OF UNDERPASSES OR OVERPASSES OR OTHERWISE — HEARINGS.

62-305. CLOSING AND ABANDONMENT OF CROSSINGS UPON RELOCATION OF HIGHWAYS OR CONSTRUCTION OF UNDERPASSES OR OVERPASSES OR OTHERWISE — HEARINGS. Wherever and whenever the location of any state highway, or other public street, road or highway, has been or shall be changed, the result of which has changed or will change the location of the place where such street, road or highway crosses any railroad tracks at grade, and a new crossing at grade or an overpass or underpass has been or shall be constructed at such new location, or whenever the closing and abandonment of an existing crossing is in the interest of and reasonably necessary for the public safety, or an existing crossing is no longer reasonably necessary as a public crossing for any reason, then the old grade crossing shall be deemed to be unnecessary and may be eliminated and discontinued. In the event any objection be made to the elimination and discontinuance of said old grade crossing, the Idaho transportation board or the owners, operators, or lessees of any such railroad, or both, may, upon the completion and placing in operation of said new grade crossing, overpass or underpass, or whenever for any other reason a crossing is to be closed and abandoned, the public authority having jurisdiction over the street, road or highway, or the owners, operators, or lessees of any such railroad, or both, shall petition the public utilities commission for an order eliminating and discontinuing said old grade crossing, whether said change of location has been made or construction of an underpass or overpass completed before or after the passage of this act, and said commission shall be and is hereby authorized and empowered to hear and determine said petition in accordance with the provisions of chapters 1 to 7, inclusive, title 61, Idaho Code, and if upon hearing duly had it shall find and determine that the closing and abandonment of such grade crossing is in the interest of, and reasonably necessary for the public safety, or that said crossing is no longer reasonably needed, it shall make an order authorizing the closing and abandonment of said crossing. Any order made by the commission concerning said matter shall be enforceable and subject to review in the same manner as other orders of the commission. Upon any order of closing and abandonment becoming final, said grade crossing may be closed either by the public authority having jurisdiction over the street, road or highway or by the owner, operator or lessee of such railroad.
History:
[(62-305) I.C.A., sec. 60-304A, as added by 1939, ch. 159, sec. 1, p. 284; am. 1974, ch. 12, sec. 93, p. 61; am. 1976, ch. 221, sec. 1, p. 794.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 3 - RAILROAD CROSSINGS ON HIGHWAYS › Section 62-306 - CONSTRUCTION AND MAINTENANCE OF RAILROAD GRADE CROSSINGS.

62-306. CONSTRUCTION AND MAINTENANCE OF RAILROAD GRADE CROSSINGS. Whenever a state or county highway crosses or shall hereafter cross a railroad at grade, the railroad company shall at its own expense construct and maintain that portion of such highway between the rails and for a distance of not less than two (2) feet outside the outer rails. The crossing shall be planked or surfaced with other suitable material for the full width of the traveled way, including shoulders, and shall be maintained at all times in a smooth and firm condition. Where a public agency having jurisdiction of the highway crossing the railroad wishes to have the crossing surfaced with material of higher quality, the public agency and the railroad company may agree that the railroad company install the material and that the additional cost, over and above the cost of the railroad company’s standard installation, may be paid for by the public agency with public funds.
History:
[(62-306) 1929, ch. 151, sec. 5, p. 274; I.C.A., sec. 60-305; am. 1953, ch. 198, sec. 1, p. 308; am. 1977, ch. 79, sec. 1, p. 161.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 3 - RAILROAD CROSSINGS ON HIGHWAYS › Section 62-307 - PERMISSION FOR NEW CROSSING OF HIGHWAYS AND RAILROADS.

62-307. PERMISSION FOR NEW CROSSING OF HIGHWAYS AND RAILROADS. No new railroad and no alteration or extension of an existing railroad shall hereafter cross any highway at grade, and no new highway shall hereafter cross any railroad at grade without the written permission of the Idaho transportation board first having been obtained. Neither a side track, team track, passing track nor house track shall be deemed a railroad within the meaning of this section. The term highway as used in this section shall not include streets and alleys in cities.
History:
[62-307, added 1929, ch. 151, sec. 7, p. 274; I.C.A., sec. 60-307; am. 1974, ch. 12, sec. 94, p. 61.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 3 - RAILROAD CROSSINGS ON HIGHWAYS › Section 62-308 - ENFORCEMENT.

62-308. ENFORCEMENT. Except as otherwise herein provided, the provisions of this chapter shall be enforced in the same manner as orders of the public utilities commission in regard to railways are enforced.
History:
[62-308, added 1929, ch. 151, sec. 7, p. 274; I.C.A., sec. 60-307.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 3 - RAILROAD CROSSINGS ON HIGHWAYS › Section 62-309 - SEPARABILITY.

62-309. SEPARABILITY. If any part or parts of this chapter shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this chapter.
History:
[62-309, added 1929, ch. 151, sec. 9, p. 274; I.C.A., sec. 60-308.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 4 - OPERATION OF RAILROADS › Section 62-401 - CHECKING BAGGAGE.

62-401. CHECKING BAGGAGE. A check must be affixed to every package or parcel of baggage when taken for transportation by any agent or employee of a railroad corporation, and a duplicate thereof given to the passenger or person delivering the same in his behalf; and if such check is refused on demand, the railroad corporation must pay to such passenger the sum of twenty dollars ($20.00) to be recovered in an action for damages; and no fare or toll must be collected or received from such passenger, and if such passenger has paid his fare the same must be returned by the conductor in charge of the train; and on producing the check, if his baggage is not delivered to him by the agent or employee of the railroad corporation he may recover the value thereof from the corporation.
History:
[(62-401) R.S., sec. 2674; reen. R.C. & C.L., sec. 2809; C.S., sec. 4809; I.C.A., sec. 60-401.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 4 - OPERATION OF RAILROADS › Section 62-402 - ACCOMMODATIONS FOR PASSENGERS AND FREIGHT.

62-402. ACCOMMODATIONS FOR PASSENGERS AND FREIGHT. Every such corporation must start and run their cars for the transportation of persons and property, at such regular times as they shall fix by public notice, and must furnish sufficient accommodations for the transportation of all such passengers and property as, within a reasonable time previous thereto, offer or is offered for transportation at the place of starting, at the junction of other railroads and at siding and stopping places established for receiving and discharging way passengers and freight; and must take, transport and discharge such passengers and property at, from and to such places, on the due payment of toll, freight or fare therefor.
History:
[(62-402) R.S., sec. 2675; reen. R.C. & C.L., sec. 2810; C.S., sec. 4810; I.C.A., sec. 60-402.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 4 - OPERATION OF RAILROADS › Section 62-403 - REFUSAL TO ACCEPT PASSENGERS OR FREIGHT.

62-403. REFUSAL TO ACCEPT PASSENGERS OR FREIGHT. In case of refusal by such corporation or its agents so to take and transport any passengers or property, or to deliver the same at the regular appointed places, such corporation must pay to the party aggrieved all damages which are sustained thereby, with costs of suit.
History:
[(62-403) R.S., sec. 2676; reen. R.C. & C.L., sec. 2811; C.S., sec. 4811; I.C.A., sec. 60-403.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 4 - OPERATION OF RAILROADS › Section 62-404 - ACCOMMODATIONS TO BE SUFFICIENT.

62-404. ACCOMMODATIONS TO BE SUFFICIENT. Every railroad corporation must furnish on the inside of its passenger cars, sufficient room and accommodations for all passengers to whom tickets are sold for any one trip, and for all persons presenting tickets entitling them to travel thereon; and when fare is taken for transporting passengers on any baggage, wood, gravel or freight car, the same care must be taken and the same responsibility is assumed by the corporation as for passengers on passenger cars.
History:
[(62-404) R.S., sec. 2677; reen. R.C. & C.L., sec. 2812; C.S., sec. 4812; I.C.A., sec. 60-404.]
2023 Idaho Code › Title 62 - RAILROADS AND OTHER PUBLIC UTILITIES › Chapter 4 - OPERATION OF RAILROADS › Section 62-405 - PRINTED RULES AND REGULATIONS.

62-405. PRINTED RULES AND REGULATIONS. Every railroad corporation must have printed and conspicuously posted on the inside of its passenger cars its rules and regulations regarding fare and conduct of its passengers; and in case any passenger is injured on or from the platform of a car, or on any baggage, wood, gravel or freight car, in violation of such printed regulations, or in violation of positive verbal instructions or injunctions given to such passenger in person by any officer of the train, the corporation is not responsible for damages for such injuries, unless the corporation failed to comply with the provisions of the preceding section.
History:
[(62-405) R.S., sec. 2678; reen. R.C. & C.L., sec. 2813; C.S., sec. 4813; I.C.A., sec. 60-405.]