reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 99 - DOWN SYNDROME DIAGNOSIS INFORMATION ACT › Section 39-9902 - DEFINITIONS.

39-9902. DEFINITIONS. For purposes of this chapter:
(1) "Department" means the department of health and welfare.
(2) "Down syndrome" means a chromosomal condition associated with either an extra chromosome 21, in whole or in part, or an effective trisomy for chromosome 21. Trisomy 21 is the medical term for Down syndrome.
(3) "Down syndrome organization" means any state or local nonprofit organization primarily involved in providing advocacy, support, and education to individuals with Down syndrome and their support community.
(4) "Health care practitioner" means a physician or other health care practitioner licensed, accredited, or certified to perform specified health care services consistent with state law. "Health care practitioner" includes a genetic counselor.
(5) "Parent" means any person expecting a child who has received a test result from a prenatal screening or diagnostic test that indicates a high likelihood or the definite presence of Down syndrome, or the parent or legal guardian of a child diagnosed with Down syndrome.
History:
[(39-9902) 39-9702, added 2022, ch. 80, sec. 1, p. 227; am. and redesig. 2023, ch. 218, sec. 13, p. 616.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 99 - DOWN SYNDROME DIAGNOSIS INFORMATION ACT › Section 39-9903 - APPLICABILITY.

39-9903. APPLICABILITY. A health care practitioner who provides prenatal or postnatal care and who administers or requests administration of a prenatal or postnatal screening or diagnostic test that detects Down syndrome or receives a result from such test that indicates a high likelihood or the definite presence of Down syndrome shall deliver to the parents the information support sheet provided by the department under section 39-9904, Idaho Code.
History:
[(39-9903) 39-9703, added 2022, ch. 80, sec. 1, p. 228; am. and redesig. 2023, ch. 218, sec. 13, p. 616.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 99 - DOWN SYNDROME DIAGNOSIS INFORMATION ACT › Section 39-9904 - SUPPORT SHEET.

39-9904. SUPPORT SHEET. (1) The department shall create an up-to-date, evidence-based support sheet about Down syndrome that has been reviewed by medical experts and the Idaho Down syndrome council. The support sheet shall be provided at the time of diagnosis or when an ultrasound or test detects a high likelihood of Down syndrome. The support sheet shall be readily accessible and include the following:
(a) A clinical course description of Down syndrome, including possible physical, developmental, educational, and psychosocial outcomes;
(b) Options available for treatment and therapy for conditions related to Down syndrome;
(c) Life expectancy for individuals with Down syndrome; and
(d) Contact information for nonprofit Idaho Down syndrome organizations that provide information and support services for caregivers, including first-call programs and information hotlines specific to Down syndrome, resource centers, and other education and support programs for Down syndrome.
(2) The department shall post the information required in this section on its website and shall include an information support sheet, in a print-friendly format, to be delivered by health care practitioners to parents as prescribed in section 39-9903, Idaho Code.
(3) The department shall ensure that the information on the support sheet required in this section is culturally and linguistically appropriate for caregivers.
(4) A Down syndrome organization may request that the department include the organization’s informational material and contact information on the department’s website. The department may add the information to the website upon request.
(5) The department shall meet annually with representatives of the Idaho Down syndrome council to ensure the information in the support sheet that is made available by the department is current.
History:
[(39-9904) 39-9704, added 2022, ch. 80, sec. 1, p. 228; am. and redesig. 2023, ch. 218, sec. 13, p. 616.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 1 - DEFINITIONS › Section 40-103 - DEFINITIONS — B.

40-103. DEFINITIONS — B. (1) "Base technical concept" means the project specific concepts and technical information provided in the request for proposals upon which design-build firms will develop their technical and price proposals.
(2) "Best value selection" means any selection process in which proposals contain both price and qualitative components and award is based upon a combination of price and qualitative considerations.
(3) "Board" means the Idaho transportation board.
(4) "Business" means any lawful activity, excepting a farm operation, conducted primarily for the purchase, resale, lease and rental of personal and real property, and for the manufacture, processing or marketing of products, commodities, or other personal property; for the sale of services to the public; or solely for the purpose of section 40-2004(1), Idaho Code, for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not displays are located on the premises on which any of the activities are conducted.
(5) "Business entity" means a corporation, professional corporation, limited liability company, professional limited liability company, general partnership, limited partnership, limited liability partnership, professional limited liability partnership or any other form of business except a sole proprietorship.
History:
[40-103, added 1985, ch. 253, sec. 2, p. 588; am. 2010, ch. 293, sec. 2, p. 778.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 1 - DEFINITIONS › Section 40-105 - DEFINITIONS — D.

40-105. DEFINITIONS — D. (1) "Department" means the Idaho transportation department.
(2) "Design-build contract" means a single contract between the department and a design-build firm to furnish the architectural or engineering and related design services, labor, material, supplies, equipment, and construction services for the highway project.
(3) "Design-build firm" means a sole proprietorship, partnership, limited liability partnership, joint venture, corporation, any type of limited liability company, professional corporation or legal entity qualified to design and build highway projects.
(4) "Design-build project" means a project for which both the design and construction of the project are procured by the department in a single contract with a design-build firm capable of providing the necessary design services and construction.
(5) "Designer" means a duly licensed individual or business entity who performs the engineering design and related design work for a design-build firm.
(6) "Designer qualifications" means the criteria used to evaluate the design-build firm’s designer(s).
(7) "Director" means the director of the Idaho transportation department.
(8) "Displaced person" means any individual, family, business or farm operation which moves from real property or moves personal property from real property acquired for a program or project of a state or local agency, in whole or in part, or as the result of a written order of an acquiring agency to vacate real property for a program or project of a state or local agency, and, solely for the purposes of section 40-2004, Idaho Code, as a result of a written order of an acquiring agency to vacate other real property, on which a person conducts a business or farm operation, for a program or project of any state or local agency.
(9) "Draw" means making a cash demand on the proceeds of transportation bonds or notes issued by the Idaho housing and finance association as it pertains to section 40-718, Idaho Code.
(10) "Dump" means any place or area, not operated as a business, where junk is deposited, stored or kept.
History:
[40-105, added 1985, ch. 253, sec. 2, p. 588; am. 2005, ch. 378, sec. 1, p. 1217; am. 2010, ch. 293, sec. 4, p. 779.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 1 - DEFINITIONS › Section 40-106 - DEFINITIONS — E.

40-106. DEFINITIONS — E.
(1) "Erect" means to construct, build, raise, assemble, place, affix, create, paint, draw or in any other way bring into being or establish, but does not include any of the foregoing activities when performed incident to the change of an advertising message or customary maintenance of a sign. With respect to certain easements held by the state restricting the erection of structures on certain lands, the state of Idaho and the department shall be deemed to have waived such restrictions with regard only to each sign erected prior to October 22, 1965.
(2) "Expenditure" means the awarding of a contract, franchise or authority to another by a district, and every manner and means whereby the highway district disburses district funds or obligates itself to disburse district funds. "Expenditure" does not include disbursement of district funds to regularly employed highway district employees, officials or agents, or for the performance of personal services to the district, or for the acquisition of personal property through a contract that has been competitively bid by the state of Idaho, one of its subdivisions, or an agency of the federal government.
(3) "Expense of the public" means the expenditure of funds for roadway maintenance by any governmental agency, including funds expended by any agency of the federal government, so long as the agency allows public access over the roadway on which the funds were expended and such roadway is not located on federal or state-owned land.
History:
[40-106, added 1985, ch. 253, sec. 2, p. 589; am. 1993, ch. 412, sec. 1, p. 1505; am. 2003, ch. 67, sec. 1, p. 226.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 1 - DEFINITIONS › Section 40-107 - DEFINITIONS — F.

40-107. DEFINITIONS — F. (1) "Facilities" mean tracks, pipes, mains, conduits, cables, wires, towers, poles, equipment and appliances.
(2) "Family" means two (2) or more persons living together in the same dwelling unit who are related to each other by blood, marriage, adoption or legal guardianship.
(3) "Farm operation" means any activity conducted primarily for the production of agricultural products or commodities, including timber, for sale and home use, and producing agricultural products or commodities in sufficient quantity to contribute materially to the operator’s support.
(4) "Feeder highway" means any highway which, in the opinion of the transportation board, is needed to create or facilitate access to a turnpike project upon which a toll is charged for transit.
(5) "Federal land rights-of-way" mean rights-of-way on federal land within the context of revised statute 2477, codified as 43 U.S.C. 932, and other federal access grants and shall be considered to be any road, trail, access or way upon which construction has been carried out to the standard in which public rights-of-way were built within historic context. These rights-of-way may include, but not be limited to, horse paths, cattle trails, irrigation canals, waterways, ditches, pipelines or other means of water transmission and their attendant access for maintenance, wagon roads, jeep trails, logging roads, homestead roads, mine to market roads and all other ways.
(6) "Final design" means any design activities following preliminary design and includes the preparation of final construction plans and detailed specifications for the performance of construction work.
(7) "Fixed price-best design" means a selection process in which the contract price is established by the department and stated in the request for proposals. Design solutions and other qualitative factors are evaluated and rated, with award going to the design-build firm offering the best qualitative proposal for the established price.
History:
[40-107, added 1985, ch. 253, sec. 2, p. 589; am. 1993, ch. 142, sec. 2, p. 376; am. 2010, ch. 293, sec. 5, p. 780.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 1 - DEFINITIONS › Section 40-108 - DEFINITIONS — G.

40-108. DEFINITIONS — G. (1) "GARVEE" means grant anticipation revenue vehicle, a debt financing instrument which enables states to finance state transportation infrastructure projects and to pay debt service and other bond-related expenses with future federal-aid highway apportionments.
(2) "Guaranteed maximum price (GMP)" means the total maximum price that includes all reimbursable costs and fees, except for material changes in the scope of work, for completion of a construction manager/general contractor contract that is provided by the selected contractor and accepted by the department.
History:
[40-108, added 2005, ch. 378, sec. 2, p. 1218; am. 2010, ch. 293, sec. 6, p. 780.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 1 - DEFINITIONS › Section 40-109 - DEFINITIONS — H.

40-109. DEFINITIONS — H.
(1) "Highway district system" means all public highways within each highway district, except those included within the state highway system, those under another state agency, those included within city highway systems of incorporated cities with a functioning street department, and those under federal control.
(2) "Highway system, county." (See "County highway system," section 40-104, Idaho Code)
(3) "Highway system, state." (See "State highway system," section 40-120, Idaho Code)
(4) "Highway users’ fund bonds" mean those bonds issued for and on behalf of dissolved city highway systems or highway districts, and the funds out of which those bonds are repayable shall be the moneys received or provided by section 40-707, Idaho Code.
(5) "Highways" mean roads, streets, alleys and bridges laid out or established for the public or dedicated or abandoned to the public. Highways shall include necessary culverts, sluices, drains, ditches, waterways, embankments, retaining walls, bridges, tunnels, grade separation structures, roadside improvements, adjacent lands or interests lawfully acquired, pedestrian facilities, and any other structures, works or fixtures incidental to the preservation or improvement of the highways. Roads laid out and recorded as highways, by order of a board of commissioners, and all roads used as such for a period of five (5) years, provided they shall have been worked and kept up at the expense of the public, or located and recorded by order of a board of commissioners, are highways.
History:
[40-109, added 1985, ch. 253, sec. 2, p. 589; am. 1986, ch. 328, sec. 2, p. 804; am. 1988, ch. 184, sec. 1, p. 322; am. 1994, ch. 324, sec. 2, p. 1040.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 1 - DEFINITIONS › Section 40-110 - DEFINITIONS — I.

40-110. DEFINITIONS — I.
(1) "Improved highway" means a graded and drained earth traveled way or better, to include one graded and graveled or with paved surface, and a graded and drained earth highway means a traveled way of natural earth, aligned and graded to permit reasonably convenient use by motor vehicles, and drained by a longitudinal and transverse system, natural or artificial, sufficient to prevent serious impairment of the highway by surface water.
(2) "Individual" means a person who is not a member of a family.
(3) "Industrial activities." (See "Unzoned commercial or industrial areas," section 40-122, Idaho Code)
(4) "Industrial areas, unzoned." (See "Unzoned commercial or industrial areas," section 40-122, Idaho Code)
(5) "Information center" means any area or site established and maintained at a safety rest area on an interstate or primary highway by or under the supervision or control of the department, where panels for the display of advertising and informational signs may be erected and maintained.
(6) "Interchange area" means the commencing or ending at the beginning of pavement widening at the exit or entrance to the main traveled way of an interstate, primary freeway, or turnpike project.
(7) "Interstate system" or "interstate highway" means any portion of the national system of interstate and defense highways located within the state, as officially designated or as may be hereafter so designated, by the Idaho transportation board, and approved by the secretary of transportation, pursuant to the provisions of title 23, U.S. Code, "Highways".
History:
[40-110, added 1985, ch. 253, sec. 2, p. 590.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 1 - DEFINITIONS › Section 40-111 - DEFINITIONS — J.

40-111. DEFINITIONS — J.
(1) "Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste; junk, dismantled, or wrecked automobiles, or their parts; iron, steel and other scrap ferrous or nonferrous material.
(2) "Junkyard" means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.
History:
[40-111, added 1985, ch. 253, sec. 2, p. 591.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 1 - DEFINITIONS › Section 40-113 - DEFINITIONS — L.

40-113. DEFINITIONS — L. (1) "Lawfully maintained" means a sign maintained on private land in accordance with state law and with the consent or acquiescence of the owner, or his agent, of the property upon which the sign is located.
(2) "Local highway technical assistance council" means the public agency created in chapter 24, title 40, Idaho Code.
(3) "Local highway jurisdiction" means a county with jurisdiction over a highway system, a city with jurisdiction over a highway system, or a highway district.
(4) "Lowest price technically acceptable selection" means a type of process for selection of a design-build firm in which the department identifies evaluation factors that establish the minimum requirements of acceptability. Proposals are evaluated for acceptability based on qualitative factors, not cost or price, but are not ranked. The contract award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for qualitative factors.
History:
[40-113, added 1985, ch. 253, sec. 2, p. 591; am. 1994, ch. 280, sec. 1, p. 868; am. 2010, ch. 293, sec. 7, p. 781.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 1 - DEFINITIONS › Section 40-114 - DEFINITIONS — M.

40-114. DEFINITIONS — M. (1) "Main traveled way" means the portion of a roadway for the movement of vehicles, exclusive of shoulders.
(2) "Maintain" or "place" means to allow to exist, subject to the provisions of chapter 19, title 40, Idaho Code.
(3) "Maintenance" means to preserve from failure or decline, or repair, refurbish, repaint or otherwise keep an existing highway or public right-of-way in a suitable state for use including, without limitation, snow removal, sweeping, litter control, weed abatement and placement or repair of public safety signage.
(4) "Mortgage" means a class of liens, including deeds of trust, as are commonly given to secure advances on, or the unpaid purchase price of, real property under the laws of the state of Idaho, together with the credit instruments, if any, secured by it.
History:
[40-114, added 1985, ch. 253, sec. 2, p. 591; am. 2013, ch. 239, sec. 2, p. 560.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 1 - DEFINITIONS › Section 40-116 - DEFINITIONS — O.

40-116. DEFINITIONS — O. (1) "Organizational conflict of interest" means that, because of other activities or relationships with other persons or entities, a person or entity is unable or potentially unable to render impartial assistance or advice to the department or the person’s or entity’s objectivity in performing the contract work is or might be otherwise impaired, or a person or entity has an unfair competitive advantage.
(2) "Outdoor advertising business" means the business or occupation of placing, erecting, constructing or maintaining advertising structures or signs. The term does not include the placing, erecting, constructing or maintaining of advertising displays exclusively pertaining to the business of the person placing the advertising display, but does include a person whenever he personally or through employees places advertising displays containing advertising which does not pertain exclusively to his own business.
(3) "Owner" means all persons and all political subdivisions of the state having any title or interest in any property, rights, easements and interests authorized to be acquired by chapter 3, title 40, Idaho Code.
History:
[40-116, added 1985, ch. 253, sec. 2, p. 591; am. 2010, ch. 293, sec. 8, p. 781.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 1 - DEFINITIONS › Section 40-119 - DEFINITIONS — R.

40-119. DEFINITIONS — R. (1) "Reference point" means a special monumented point that does not occupy the same geographical position as the corner itself, and where the spatial relationship to the corner is known and recorded, and that serves to locate the corner.
(2) "Request for proposals (RFP)" means a document used to solicit proposals from design-build firms to design and construct a highway project or to solicit proposals from construction manager/general contractor firms to provide services prior to final design and then construct a highway project.
(3) "Request for qualifications (RFQ)" means a document issued by the department in the first step of a two-step selection process that describes the project in enough detail to let potential design-build firms determine if they wish to compete and forms the basis for developing a short-list of the most qualified design-build firms.
(4) "Responsive proposals" means proposals submitted by responsive proposers that comply with the request for proposals and all prescribed procurement procedures and requirements.
History:
[40-119, added 2010, ch. 293, sec. 10, p. 782; am. 2011, ch. 136, sec. 2, p. 384.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 1 - DEFINITIONS › Section 40-120 - DEFINITIONS — S.

40-120. DEFINITIONS — S. (1) "Safety rest area" means an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control, for convenience of the traveling public.
(2) "Short-listing" means the narrowing of the field of potential design-build firms through the selection of the most qualified design-build firms who have responded to a request for qualifications.
(3) "Sign." (See "Advertising structure," section 40-102, Idaho Code)
(4) "Single countywide highway district" means all public highways within the county, including those within all cities of the county, but excepting those within the state highway system and those under federal control.
(5) "State highway system" means the principal highway arteries in the state, including connecting arteries and extensions through cities, and includes roads to every county seat in the state.
(6) "State law" means a provision of the constitution or statutes of this state, or an ordinance, rule or regulation enacted or adopted by an agency or political subdivision of this state pursuant to the constitution or statutes.
(7) "Stipend" means a monetary amount that may be paid to unsuccessful design-build firms who have submitted responsive proposals in response to an RFP. The purpose of a stipend is to encourage competition by offering to compensate responsive but unsuccessful design-build firms for a portion of the proposal development costs.
(8) "Street" means a thoroughfare, alley, highway or a right-of-way that may be open for public use but is not part of a public highway system nor under the jurisdiction of a public highway agency.
(9) "Structure." (See "Advertising structure," section 40-102, Idaho Code)
(10) "System, city." (See "City system," section 40-104, Idaho Code)
History:
[40-120, added 1985, ch. 253, sec. 2, p. 592; am. 2010, ch. 293, sec. 11, p. 783; am. 2011, ch. 136, sec. 3, p. 385.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 1 - DEFINITIONS › Section 40-121 - DEFINITIONS — T.

40-121. DEFINITIONS — T. (1) "Technical proposal" means that portion of a design-build firm proposal that contains design solutions and other qualitative factors that are provided in response to a request for proposals.
(2) "Tourist related advertising sign" means any sign which advertises a specific public or private facility, accommodation or service, at a particular location or site, including: overnight lodging, a camp site, food service, recreational facility, tourist attraction, education or historical site or feature, automotive service, facility or garage.
(3) "Turnpike project" means any express highway or bridge at locations and between terminals as may be established by the board and constructed or to be constructed under the provisions of chapter 4, title 40, Idaho Code, and shall include all bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, toll houses, service areas, service stations, service facilities, communication facilities, and administration, storage and other buildings, which the board may deem necessary for the operation of a project, together with all property, rights, easements, and interests which may be acquired by the board for the construction or the operation of a project.
(4) "Turnpike revenue bonds" mean bonds of the transportation board authorized under the provisions of section 40-412, et seq., Idaho Code.
(5) "Two-step selection" means a procurement process in which the first step consists of short-listing based on statements of qualifications submitted in response to a request for qualifications and the second step consists of the submission of price and technical proposals in response to a request for proposals.
History:
[40-121, added 1985, ch. 253, sec. 2, p. 592; am. 2010, ch. 293, sec. 12, p. 783.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 1 - DEFINITIONS › Section 40-122 - DEFINITIONS — U.

40-122. DEFINITIONS — U.
(1) "Unzoned commercial or industrial areas" mean those areas not zoned by state or local law, regulation or ordinance which are occupied by industrial or commercial activities, other than outdoor advertising signs, and the lands along the highway for a distance of six hundred (600) feet immediately abutting to the area of the activities. All measurements shall be from the outer edge of the regularly used buildings, parking lots, storage or processing areas of the activities, and shall be along or parallel to the edge of pavement of the highway.
"Commercial or industrial activities" mean those activities generally recognized as commercial or industrial by zoning authorities in the state, except that none of the following activities shall be considered commercial or industrial:
(a) Agricultural, forestry, grazing, farming and related activities including wayside fresh produce stands.
(b) Transient or temporary activities.
(c) Activities not visible from the main traveled way.
(d) Activities conducted in a building principally used as a residence.
(e) Railroad tracks and minor sidings.
(2) "Urban areas" mean any geographical area within the city limits of any incorporated city having a population of five thousand (5,000) or more inhabitants. Population numbers referred to shall be determined by the latest United States census.
(3) "Utility" means any publicly, privately or cooperatively owned utility.
History:
[40-122, added 1985, ch. 253, sec. 2, p. 593.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 1 - DEFINITIONS › Section 40-123 - DEFINITIONS — V.

40-123. DEFINITIONS — V.
(1) "Visible" means capable of being seen without visual aid by a person of normal visual acuity.
History:
[40-123, added 1985, ch. 253, sec. 2, p. 593.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 1 - DEFINITIONS › Section 40-124 - DEFINITIONS — W.

40-124. DEFINITIONS — W. "Witness corner" means a monumented point on a lot line or boundary line of a survey, near a corner and established in situations where it is impracticable to occupy or monument the corner.
History:
[40-124, added 2011, ch. 136, sec. 4, p. 385.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 2 - GENERAL PROVISIONS › Section 40-201 - STATE HIGHWAY, COUNTY HIGHWAY, HIGHWAY DISTRICTS AND CITY HIGHWAY SYSTEMS ESTABLISHED.

40-201. STATE HIGHWAY, COUNTY HIGHWAY, HIGHWAY DISTRICTS AND CITY HIGHWAY SYSTEMS ESTABLISHED. There shall be a system of state highways in the state, a system of county highways in each county, a system of highways in each highway district, and a system of highways in each city, except as otherwise provided. The improvement of highways and highway systems is hereby declared to be the established and permanent policy of the state of Idaho, and the duty is hereby imposed upon the state, and all counties, cities, and highway districts in the state, to improve and maintain the highways within their respective jurisdiction as hereinafter defined, within the limits of the funds available.
History:
[40-201, added 1985, ch. 253, sec. 2, p. 593; am. 1986, ch. 206, sec. 1, p. 512; am. 1986, ch. 328, sec. 3, p. 804; am. 1987, ch. 130, sec. 1, p. 261.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 2 - GENERAL PROVISIONS › Section 40-203B - ABANDONMENT OR ASSUMING CONTROL OF A HIGHWAY.

40-203B. ABANDONMENT OR ASSUMING CONTROL OF A HIGHWAY. Whenever the Idaho transportation department is either planning to abandon any section or all of a state highway to a county, a city or a highway district or assume control of a section or all of a highway which is under the jurisdiction of a county, city or a highway district, the transportation department shall first obtain the consent of the applicable local highway jurisdiction before it may abandon or assume control of the highway. Consent shall be obtained by passage of a resolution by the local highway jurisdiction assenting to the proposed action of the transportation department. Prior to consenting to an abandonment or assumption of the applicable highway, the local highway jurisdiction may conduct a public hearing and also provide notice to any impacted property owners, businesses, industries and enterprises. If consent is not obtained as provided in this section, the action by the transportation department regarding the abandonment of a state highway or assumption of control of a local jurisdiction highway shall be null, void, and of no force and effect.
History:
[40-203B, added 1990, ch. 60, sec. 1, p. 136; am. 2013, ch. 141, sec. 2, p. 339.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 2 - GENERAL PROVISIONS › Section 40-204 - ASSENT TO FEDERAL ACTS.

40-204. ASSENT TO FEDERAL ACTS. (1) The state of Idaho renews its assent to the provisions of the act of congress approved July 11, 1916, entitled, "An act to provide that the United States shall aid the states in the construction of rural post roads, and for other purposes" (39th United States Statutes at Large, page 355), and its amendments or acts supplementary to it, and accepts the provisions and benefits of any act of congress enacted having for its purpose the construction, improvement and maintenance of public roads or highways in the state of Idaho.
(2) The state of Idaho renews its assent to the provisions of the act of congress approved October 22, 1965, entitled, "An act to provide for scenic development and road beautification of the federal-aid highway systems" (Public Law 89-285), and its amendments, or acts supplementary to it and accepts the provisions and benefits of any act of congress enacted having for its purpose the control of outdoor advertising, and junkyards adjacent to highways, or the landscaping and scenic enhancement of highways in the state of Idaho.
History:
[40-204, added 1985, ch. 253, sec. 2, p. 594.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 2 - GENERAL PROVISIONS › Section 40-204A - FEDERAL LAND RIGHTS-OF-WAY.

40-204A. FEDERAL LAND RIGHTS-OF-WAY. (1) The state recognizes that the act of construction and first use constitute the acceptance of the grant given to the public for federal land rights-of-way, and that once acceptance of the grant has been established, the grant shall be for the perpetual term granted by the congress of the United States.
(2) The only method for the abandonment of these rights-of-way shall be that of eminent domain proceedings in which the taking of the public’s right to access shall be justly compensated. Neither the mere passage of time nor the frequency of use shall be considered a justification for considering these rights-of-way to have been abandoned.
(3) All of the said rights-of-way shall be shown by some form of documentation to have existed prior to the withdrawal of the federal grant in 1976 or to predate the removal of land through which they transit from the public domain for other public purposes. Documentation may take the form of a map, an affidavit, surveys, books or other historic information.
(4) These rights-of-way shall not require maintenance for the passage of vehicular traffic, nor shall any liability be incurred for injury or damage through a failure to maintain the access or to maintain any highway sign. These rights-of-way shall be traveled at the risk of the user and may be maintained by the public through usage by the public.
(5) Any member of the public, the state of Idaho and any of its political subdivisions, and any agency of the federal government may choose to seek validation of its rights under law to use granted rights-of-way either through a process set forth by the state of Idaho, through processes set forth by any federal agency or by proclamation of user rights granted under the provisions of the original act, Revised Statute 2477.
Persons seeking to have a federal land right-of-way, including those which furnish public access to state and federal public lands and waters, validated as a highway or public right-of-way as part of a county or highway official highway system, shall follow the procedure outlined in section 40-203A, Idaho Code.
Neither the granting of the original right-of-way nor any provision in this or any other state act shall be construed as a relinquishment of either federal ownership or management of the surface estate of the property over which the right-of-way passes.
(6) Persons seeking acknowledgement of federal land rights-of-way shall file with the county recorder the request for acknowledgement and for any supporting documentation. The county recorder shall record acknowledgements, including supporting documentation, and maintain an appropriate index of same.
History:
[40-204A, added 1993, ch. 142, sec. 3, p. 376; am. 2000, ch. 251, sec. 4, p. 714.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 2 - GENERAL PROVISIONS › Section 40-205 - SAVING CLAUSE FOR ACTS AND SUITS IN PROCESS OF BEING CARRIED OUT.

40-205. SAVING CLAUSE FOR ACTS AND SUITS IN PROCESS OF BEING CARRIED OUT. This act shall not affect any act done, ratified or confirmed, or any right accrued, or established, or any action or proceeding had or commenced in a civil or criminal cause prior to July 1, 1985, and actions or proceedings may be prosecuted and continued by the department, and when required, by the board or the director, as the case may be.
History:
[40-205, added 1985, ch. 253, sec. 2, p. 594.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 2 - GENERAL PROVISIONS › Section 40-206 - PUBLICATION OF NOTICES.

40-206. PUBLICATION OF NOTICES. Whenever publication of a notice by a county highway system or highway district is required for an override or bond election, or a hearing, it shall appear in a newspaper printed and published within the district or county, or in some newspaper of general circulation in the county or district, and the notice shall be published as follows:
(1) The publication of notice for an override or bond election shall be published as provided for in section 34-1406, Idaho Code.
(2) The publication of notice for a hearing shall be published at least one (1) time in a weekly newspaper or at least two (2) consecutive times in a daily newspaper and remain the responsibility of the political subdivision proposing such hearing. The last notice shall be published not less than five (5) days prior to the hearing, except as otherwise specifically provided in this title.
History:
[40-206, added 1989, ch. 349, sec. 2, p. 876; am. 1994, ch. 123, sec. 1, p. 275; am. 2009, ch. 341, sec. 71, p. 1038.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 2 - GENERAL PROVISIONS › Section 40-207 - VIOLATIONS — PENALTIES.

40-207. VIOLATIONS — PENALTIES. Any person who shall violate or aid in the violation of any of the provisions of this title, unless a different penalty is prescribed by law, shall be guilty of a misdemeanor, and upon conviction thereof be punished by a fine of not more than five hundred dollars ($500), or imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment. All fines collected for violations of the provisions of this title shall be paid into the highway distribution account established in section 40-701, Idaho Code.
History:
[40-207, added 1985, ch. 253, sec. 2, p. 595.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 2 - GENERAL PROVISIONS › Section 40-209 - HIGHWAY RIGHT-OF-WAY PLATS.

40-209. HIGHWAY RIGHT-OF-WAY PLATS. (1) A public highway agency may file in the office of the county recorder a highway right-of-way plat. The highway right-of-way plat shall show by outline and identify by parcel number, parcels of land to be acquired and shall be prepared in conformance with sections 55-1905 through 55-1907, Idaho Code. The recording of a highway right-of-way plat as provided in this section shall not excuse a county or highway district from the requirements of abandonment or validation of a public highway or public right-of-way as provided in sections 40-203 and 40-203A, Idaho Code. The highway right-of-way plat shall contain the following:
(a) Project name and number;
(b) The location and monumentation of the points where the right-of-way changes direction by angle point or curvature and its intersection with any public highway, street or trail right-of-way and all witness corners and reference points. All points shall be marked with magnetically detectable monuments conforming to the provisions of section 54-1227, Idaho Code, unless special circumstances preclude use of such monument. Monuments shall be marked such that measurements between them may be made to the nearest one-tenth (0.1) foot;
(c) An outline showing the boundary of each parcel of land to be acquired based on ownership records and the right-of-way location survey;
(d) An identifying parcel number and the area for each parcel of land to be acquired;
(e) Acknowledgement of authorized agent of the public highway agency filing said plat;
(f) Certificate of land surveyor under whose responsible charge the plat is prepared.
(2) The highway right-of-way plat filed with the county recorder of any county shall be assigned an instrument number and shall be bound or filed with other plats of like character in a book on file designated "Highway Right-of-Way Plats."
(3) Any amendments, alterations, rescissions or changes in a highway right-of-way plat shall comply with subsection (1) of this section and shall be filed in a like manner. The recorder may make suitable notations on the appropriate highway right-of-way plat affected by the amendment, alteration, rescission or change to direct the attention of anyone examining the record to the proper plat.
(4) Highway right-of-way plats filed under this section shall not operate to transfer title to the real property described therein but such plat shall be used for delineation purposes. Acquisition of real property for highway right-of-way by conveyance or judicial decree may refer to said highway right-of-way plat, project number and parcel identification number, together with delineation of the parcel as a valid description of the real property for all purposes.
(5) The agency making the initial filing in a county shall reimburse the county recorder the actual cost of the plat book required in subsection (2) of this section.
History:
[40-209, added 1994, ch. 364, sec. 2, p. 1140; am. 2011, ch. 136, sec. 5, p. 385.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 3 - IDAHO TRANSPORTATION BOARD › Section 40-301 - IDAHO TRANSPORTATION BOARD — CREATION — AUTHORITY.

40-301. IDAHO TRANSPORTATION BOARD — CREATION — AUTHORITY. There is established the Idaho transportation board, which is vested with authority, control, supervision and administration of the department created and established by this title.
History:
[40-301, added 1985, ch. 253, sec. 2, p. 595.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 3 - IDAHO TRANSPORTATION BOARD › Section 40-302 - BOARD — MEMBERSHIP — APPOINTMENT — QUALIFICATION.

40-302. BOARD — MEMBERSHIP — APPOINTMENT — QUALIFICATION. The board shall be composed of seven (7) members to be appointed by the governor. Not more than four (4) members shall at any time belong to the same political party. Members shall be well informed and interested in the construction and maintenance of public highways and highway systems, and their selection and appointment shall be made solely with regard to the best interests of the various functions of the board. At least one (1) member shall have special training, experience or expertise in the field of aeronautical transportation. Each member at the time of his appointment shall have been a citizen, resident and taxpayer of the state of Idaho and of the district from which he is appointed for at least five (5) years. During his tenure of office no member shall hold or occupy any federal, state, county, or municipal elective or other appointive office, or any office in any political party.
History:
[40-302, added 1985, ch. 253, sec. 2, p. 595; am. 1995, ch. 203, sec. 1, p. 696.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 3 - IDAHO TRANSPORTATION BOARD › Section 40-304 - OATH OF OFFICE — BOND.

40-304. OATH OF OFFICE — BOND. Each member of the board shall receive a certificate of appointment from the governor, and before entering upon the discharge of his official duties shall file with the secretary of state a declaration of the political party to which the board member belongs, and the member shall also be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code.
History:
[40-304, added 1985, ch. 253, sec. 2, p. 596.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 3 - IDAHO TRANSPORTATION BOARD › Section 40-305 - REMOVAL OF BOARD MEMBERS.

40-305. REMOVAL OF BOARD MEMBERS. The governor may remove any board member for incompetency, inefficiency, intemperance, misconduct in office, neglect or dereliction of duty. Charges in writing, setting forth fully and concisely the cause and grounds of removal, together with a citation directing the member within fifteen (15) days after the service of the charges and citation to appear and be afforded a public hearing in the office of the governor, shall be effected by delivering a copy of the charges to the member or mailing it by United States registered mail in a sealed envelope with postage fully prepaid, addressed to the member at his last address of record. The appearance may be personal or by answer, and by counsel. Service of the charges and citation shall be complete if delivered personally at the time of delivery, and if mailed at the time of deposit in accordance with the provisions of the Code of Civil Procedure relating to service by mail. A complete transcript of the hearing, including the charges, answers, exhibits and testimony and proceedings, findings, decision and order, shall be made. If the member is removed from office, the completed transcript shall within ten (10) days after the decision be filed with the secretary of state.
History:
[40-305, added 1985, ch. 253, sec. 2, p. 596.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 3 - IDAHO TRANSPORTATION BOARD › Section 40-306 - COMPENSATION AND REIMBURSEMENT FOR EXPENSES.

40-306. COMPENSATION AND REIMBURSEMENT FOR EXPENSES. Each member of the board shall be compensated as provided by section 59-509(i), Idaho Code. The compensation and expenses shall be allowed and paid from the state highway and the state aeronautic’s accounts.
History:
[40-306, added 1985, ch. 253, sec. 2, p. 597; am. 1995, ch. 203, sec. 3, p. 697.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 3 - IDAHO TRANSPORTATION BOARD › Section 40-307 - OFFICE OF BOARD — ORGANIZATION MEETINGS — OFFICERS.

40-307. OFFICE OF BOARD — ORGANIZATION MEETINGS — OFFICERS. The permanent offices of the board shall be maintained in Ada county, in suitable offices and quarters, with equipment, records and supplies as may be deemed necessary to carry out the provisions of this title. The members of the board shall select a vice chairman at the February meeting of each year, and the board shall adopt a seal having upon it the words, "Idaho Transportation Board–State of Idaho." The secretary of the board shall have care and custody of the seal. The board shall appoint a secretary and fix his compensation. The secretary shall hold office subject to the pleasure of the board, and carry out administrative duties as delegated to him. For the administration of their functions the board may employ other employees and personnel as may be deemed necessary, prescribe their duties, and fix their compensation.
History:
[40-307, added 1985, ch. 253, sec. 2, p. 597; am. 1995, ch. 203, sec. 4, p. 697; am. 2001, ch. 183, sec. 13, p. 624.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 3 - IDAHO TRANSPORTATION BOARD › Section 40-308 - MEETINGS — QUORUM.

40-308. MEETINGS — QUORUM. The board shall hold not less than twelve (12) regular meetings each year, on a day of each month as the board shall determine, unless a legal holiday, then on the next ensuing business day, for the purpose of transacting business as may come before it. The chairman of the board shall preside over all meetings, except that he shall only be permitted to vote in the case of a tie vote. In the absence of the chairman, the vice chairman shall preside over meetings, except that he shall have full voting privileges. Additional regular meetings may be held as the board shall determine in its by-laws, rules and regulations. Special meetings of the board may be called at any time and from time to time by four (4) members of the board, and on the written request of the director, showing the necessity and purpose for a meeting. The board chairman may call a special meeting specifying the time, place and purpose of the meeting. The secretary shall cause due notice to be given to each member, either personally or by telephone, mail or telegraph, of the time, place and purpose of all special and regular meetings, and upon his failure so to do, notice may be given either by the chairman or the four (4) members concurring in calling any meeting. Any meeting of the board at which all of the members are present shall be as valid as if held pursuant to proper notice, and should a meeting be held without notice when all members are not present, if the absent member or members shall have signed a waiver, or shall subsequently sign the minutes of the meeting, it shall be as valid and binding as though called upon due notice. A majority of the members of the board shall constitute a quorum and a majority of all members of the board shall be necessary for the authorization of any act by the board, except as otherwise herein provided.
History:
[40-308, added 1985, ch. 253, sec. 2, p. 597; am. 1995, ch. 203, sec. 5, p. 698.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 3 - IDAHO TRANSPORTATION BOARD › Section 40-309 - POWERS AND DUTIES — VESTED POWERS.

40-309. POWERS AND DUTIES — VESTED POWERS. The board is vested with the following functions, powers and duties:
(1) To contract fully, in the name of the state of Idaho, with respect to the rights, powers and duties vested in the board by this title.
(2) Sue and be sued in its own name.
History:
[40-309, added 1985, ch. 253, sec. 2, p. 597.]