reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-512 - PENALTIES.

40-512. PENALTIES. Any person failing to stop at any port of entry or checking station when so required by the provisions of section 40-511, Idaho Code, or, failing to submit to the inspection, grading or weighing required by any law of the state of Idaho, shall be guilty of a misdemeanor.
History:
[(40-512) 1950 (E.S.), ch. 15, sec. 3, p. 26; am. 1970, ch. 54, sec. 2, p. 133; am. and redesignated 1991, ch. 288, sec. 8, p. 747.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-513 - VETERANS MEMORIAL CENTENNIAL BRIDGE ESTABLISHED.

40-513. VETERANS MEMORIAL CENTENNIAL BRIDGE ESTABLISHED. The Bennett Bay bridge located on interstate highway I-90 in Kootenai county shall be designated as the "Veterans Memorial Centennial Bridge" to honor those persons who served in the armed forces during periods of wartime as defined by congress. The transportation department shall erect suitable signs so designating the bridge as the veterans memorial centennial bridge.
History:
[40-513, added 1992, ch. 105, sec. 1, p. 327.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-513A - DESIGNATION OF THE I.B. PERRINE BRIDGE.

40-513A. DESIGNATION OF THE I.B. PERRINE BRIDGE. The bridge spanning the Snake River Canyon on U.S. Highway 93 south of Interstate Highway 84 near the city of Twin Falls, Idaho, shall be designated as the "I.B. Perrine Bridge" to honor I.B. Perrine for his part as founder and father of the Twin Falls area. His dream for agriculture and his efforts to bring water to the valley set in motion the development we see today. The transportation department shall erect suitable signs so designating the bridge as the "I.B. Perrine Bridge."
History:
[40-513A, added 2000, ch. 197, sec. 1, p. 489.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-513B - PORTION OF U.S. HIGHWAY 95 DESIGNATED AS STU DOPF MEMORIAL HIGHWAY.

40-513B. PORTION OF U.S. HIGHWAY 95 DESIGNATED AS STU DOPF MEMORIAL HIGHWAY. That portion of United States Highway 95 through the canyon between Midvale and Cambridge shall be known and designated as the "Stu Dopf Memorial Highway" in honor of the journalist who was interested in increasing the ease and safety of travel along U.S. Highway 95. The Idaho transportation department shall identify areas suitable for posting markers along that portion of U.S. Highway 95 indicating its designation as the Stu Dopf Memorial Highway.
History:
[40-513B, added 2001, ch. 352, sec. 1, p. 1234.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-513C - DESIGNATION OF PURPLE HEART TRAIL.

40-513C. DESIGNATION OF PURPLE HEART TRAIL. That portion of interstate highway I-90 located in Idaho is the Idaho portion of the national purple heart trail. The Idaho transportation department shall design and construct signs indicating the highway number, the designation as the purple heart trail, and any other appropriate information. The department shall erect a sign at each end of the highway and markers at intermediate sites along the highway that the department determines are appropriate. The department is required to design, construct, and erect the signs and markers only to the extent that moneys are provided for this purpose through private donations, grants, awards or other moneys.
History:
[40-513C, added 2008, ch. 215, sec. 1, p. 671.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-513D - STATE HIGHWAY 3 DESIGNATED AS NORTH IDAHO MEDAL OF HONOR HIGHWAY.

40-513D. STATE HIGHWAY 3 DESIGNATED AS NORTH IDAHO MEDAL OF HONOR HIGHWAY. State highway 3, connecting U.S. highway 12 near Spalding with interstate 90 near Rose Lake, shall be designated as the "North Idaho Medal of Honor Highway" to honor Idahoans awarded the congressional medal of honor for their service in our armed forces. The Idaho transportation department shall identify areas suitable for posting markers along state highway 3 indicating its designation as the "North Idaho Medal of Honor Highway."
History:
[40-513D, added 2011, ch. 48, sec. 1, p. 114.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-513E - DESIGNATION OF VIETNAM VETERANS MEMORIAL HIGHWAY.

40-513E. DESIGNATION OF VIETNAM VETERANS MEMORIAL HIGHWAY. That portion of interstate highway I-84 located in Idaho is designated as the Vietnam veterans memorial highway. The Idaho transportation department shall design and construct signs indicating the highway number, the designation as the Vietnam veterans memorial highway and any other appropriate information. The department shall erect a sign at each end of the highway and markers at intermediate sites along the highway that the department determines are appropriate. The department is required to design, construct and erect the signs and markers only to the extent that moneys are provided for this purpose through private donations, grants, awards or other moneys.
History:
[40-513E, added 2014, ch. 19, sec. 1, p. 26.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-513F - DESIGNATION OF THE IDAHO MEDAL OF HONOR HIGHWAY.

40-513F. DESIGNATION OF THE IDAHO MEDAL OF HONOR HIGHWAY. That portion of U.S. highway 20 located in Idaho shall also be known as the "Idaho Medal of Honor Highway." The Idaho transportation department shall design and construct signs indicating the designation as the "Idaho Medal of Honor Highway" and any other appropriate information. The department shall erect a sign at each end of the highway and markers at intermediate sites along the highway that the department determines are appropriate. The department is required to design, construct, and erect the signs and markers only to the extent that less than thirty thousand dollars ($30,000) of existing dedicated funds are provided for this purpose as determined by the transportation board. Design of the signs should be similar to the signs currently erected on U.S. highway 20 at the time of enactment of this legislation. Signs shall identify the highway as the "Idaho Medal of Honor Highway" and include the three (3) different designs of the medal of honor.
History:
[40-513F, added 2019, ch. 65, sec. 1, p. 157.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-513G - DESIGNATION OF THE POW/MIA MEMORIAL HIGHWAY.

40-513G. DESIGNATION OF THE POW/MIA MEMORIAL HIGHWAY. The portion of U.S. highway 26 located in Idaho beginning at the Oregon border and ending at the Wyoming border shall be known as the "POW/MIA Memorial Highway." The Idaho transportation department may place and maintain suitable signs at each end of the portion of U.S. highway 26 located in Idaho and may place markers at intermediate sites along the highway to clearly identify it as the "POW/MIA Memorial Highway." Provided, the department shall not place such signs or markers where other current special designations exist. The department will determine the location of any signs in the road right-of-way based on safety considerations. The department may work with the POW/MIA organization for the design of any signs and may accept moneys from various groups to create, install, and maintain the signs provided for in this section.
History:
[40-513G, added 2021, ch. 193, sec. 1, p. 521.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-513H - DESIGNATION OF THE BOBBY CHAMBERS MEMORIAL HIGHWAY.

40-513H. DESIGNATION OF THE BOBBY CHAMBERS MEMORIAL HIGHWAY. The portion of state highway 6 located near Potlatch, Idaho, beginning at the intersection of United States Highway 95 and ending at the western city limits of the city of Potlatch, is to be known as the "Bobby Chambers Memorial Highway" to honor Robert "Bobby" Chambers, a Vietnam war hero from Potlatch who earned the silver star and purple heart for his actions on the same day that he lost his life in service of his country at age nineteen (19). The Idaho transportation department may place and maintain suitable signs at each end of the designated memorial highway. Provided, the department shall not place such signs or markers where other current special designations exist. The Idaho transportation department will determine the location of any signs in the road right-of-way based on safety considerations. The Idaho transportation department may work with family members and local organizations for the design of any signs and may accept moneys from various groups to create, install, and maintain the signs provided for in this section.
History:
[40-513H, added 2021, ch. 235, sec. 1, p. 716.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-515 - SHORT TITLE.

40-515. SHORT TITLE. This section through section 40-520, Idaho Code, shall be known and may be cited as the "Idaho Broadband Dig Once and Right-of-Way Act."
History:
[40-515, added 2022, ch. 208, sec. 1, p. 670.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-516 - LEGISLATIVE INTENT: DIG ONCE POLICY.

40-516. LEGISLATIVE INTENT: DIG ONCE POLICY. (1) It is the intent of the legislature to recognize that the citizens of the state live and work in a data-driven society and that the connectivity in Idaho’s urban and rural areas are key for a thriving Idaho economy. Broadband is a vital component in accomplishing connectivity throughout Idaho.
(2) The legislature recognizes and hereby declares that broadband service throughout the entire state is in the overall public interest for the state of Idaho in furtherance of the social and economic development of the state, and the use of highway rights-of-way to support broadband infrastructure and a "Dig Once Policy" furthers the overall public interest.
(3) It is the intent of the legislature that the Idaho transportation department develop rules, standards, and policies consistent with the "Dig Once Policy" to facilitate the expansion of broadband with the cost-efficient, orderly, and coordinated installation of broadband infrastructure on highway rights-of-way and during roadway construction.
History:
[40-516, added 2022, ch. 208, sec. 2, p. 670.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-517 - DEFINITIONS.

40-517. DEFINITIONS. As used in sections 40-515 through 40-520, Idaho Code:
(1) "Broadband" means wide bandwidth communication transmissions allowing high speed internet access with an ability to simultaneously transport multiple signals and traffic types at a minimum transmission speed of one hundred (100) megabits per second for downloads and twenty (20) megabits per second for uploads.
(2) "Broadband infrastructure" means networks of deployed telecommunications equipment, conduit, and technologies necessary to provide broadband and other advanced telecommunications services to wholesalers or end users, including but not limited to private homes, businesses, commercial establishments, schools, or public institutions.
(3) "Broadband provider" means any entity that:
(a) Provides broadband services, including but not limited to a telecommunications provider, cable service provider, broadband provider, cellular provider, political subdivision that provides broadband services, electric cooperative that provides broadband services, electric utility that provides broadband services, state government entity that provides broadband services, tribal government that provides broadband services, or internet service provider; or
(b) Builds broadband infrastructure, including but not limited to a port, nonprofit organization, or private-public partnership established for the purpose of expanding broadband in the state.
(4) "Department" means the Idaho transportation department.
(5) "Dig Once Policy" means a policy or practice that minimizes the number and scale of excavations or construction and costs when installing broadband infrastructure in highway rights-of-way.
(6) "Highway" means a road that is part of the state highway system.
(7) "Longitudinal access" means access to or use of any part of a right-of-way of a highway that extends generally parallel to the right-of-way for a total of one hundred (100) or more linear feet.
History:
[40-517, added 2022, ch. 208, sec. 3, p. 671.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-519 - PROVIDER SHALL NOT BE ASSESSED FAIR MARKET VALUE.

40-519. PROVIDER SHALL NOT BE ASSESSED FAIR MARKET VALUE. A broadband provider installing broadband infrastructure in accordance with sections 40-515 through 40-520, Idaho Code, shall not be assessed fair market value.
History:
[40-519, added 2022, ch. 208, sec. 5, p. 673.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 5 - IDAHO TRANSPORTATION DEPARTMENT › Section 40-528 - FEDERAL TRANSIT ADMINISTRATION AUTHORITY.

40-528. FEDERAL TRANSIT ADMINISTRATION AUTHORITY. (1) The Idaho transportation department and its director are the designated recipients for the federal transit administration funding for the rural transit program and the small urban transit program within the state of Idaho.
(2) Notwithstanding the provisions of subsection (1) of this section:
(a) The department is not the designated recipient for large urbanized areas as determined and defined by the United States department of commerce, bureau of the census; and
(b) The department is not the designated recipient for any qualifying urbanized area identified by the governor prior to July 1, 2011.
History:
[40-528, added 2012, ch. 22, sec. 1, p. 77; am. 2015, ch. 244, sec. 24, p. 1022.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 6 - COUNTY COMMISSIONERS AND HIGHWAY OFFICERS › Section 40-601 - DISTRICTS ESTABLISHED BY COMMISSIONERS.

40-601. DISTRICTS ESTABLISHED BY COMMISSIONERS. Whenever the commissioners of any county shall have caused to be described by an order made and entered upon its records any defined portion of contiguous territory, located wholly within the county, for the construction, improvement or repair of highways pursuant to the provisions of law, each defined portion of contiguous territory is recognized as a legal taxing district and body politic of this state and as a highway district for highway purposes.
History:
[40-601, added 1985, ch. 253, sec. 2, p. 615.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 6 - COUNTY COMMISSIONERS AND HIGHWAY OFFICERS › Section 40-602 - BOUNDARIES.

40-602. BOUNDARIES. The boundaries of each highway district shall be the same as are described by metes and bounds or other legal description upon the minutes or records of the commissioners of the respective county and upon copies of those records duly certified.
History:
[40-602, added 1985, ch. 253, sec. 2, p. 616.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 6 - COUNTY COMMISSIONERS AND HIGHWAY OFFICERS › Section 40-603 - COUNTY HIGHWAYS RECOMMENDED BY COMMISSIONERS — APPROVED BY BOARD.

40-603. COUNTY HIGHWAYS RECOMMENDED BY COMMISSIONERS — APPROVED BY BOARD. The commissioners of each county shall recommend highways for the county highway system to the board at least once a year and in a manner and form to be prescribed by the board. All recommendations shall clearly show which highways are improved highways and which are unimproved. All recommendations must be approved by the board before they shall constitute the official highway system of the county. The board may require commissioners to submit financial and operating data as it may deem necessary to assist it in determining what highways should properly be included in the respective county highway systems.
History:
[40-603, added 1985, ch. 253, sec. 2, p. 616; am. 1986, ch. 328, sec. 6, p. 805.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 6 - COUNTY COMMISSIONERS AND HIGHWAY OFFICERS › Section 40-605 - LAYING OUT OF NEW HIGHWAYS — WIDENING, CHANGING, OR STRAIGHTENING EXISTING HIGHWAYS — PURCHASE OF RIGHTS-OF-WAY BY AGREEMENT.

40-605. LAYING OUT OF NEW HIGHWAYS — WIDENING, CHANGING, OR STRAIGHTENING EXISTING HIGHWAYS — PURCHASE OF RIGHTS-OF-WAY BY AGREEMENT. Commissioners may lay out new highways within the county as they determine to be necessary. The right-of-way of any highway shall not be less than fifty (50) feet wide, except in exceptional cases. Commissioners may also change the width or location or straighten lines of any highway under their jurisdiction. If, in the laying out, widening, changing or straightening of any highway it shall become necessary to take private property, the commissioners or their director of highways shall cause a survey of the proposed highway to be made, together with an accurate description of the lands required. The commissioners shall endeavor to agree with each owner for the purchase of a right-of-way over his land included within the description. If they are able to agree with the owner, the commissioners may purchase the land out of the county highway fund under their control, and the land shall then be conveyed to the county for the use and purpose of highways.
History:
[40-605, added 1985, ch. 253, sec. 2, p. 617.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 6 - COUNTY COMMISSIONERS AND HIGHWAY OFFICERS › Section 40-606 - CONDEMNATION OF RIGHTS-OF-WAY.

40-606. CONDEMNATION OF RIGHTS-OF-WAY. (1) Whenever the commissioners or their director of highways shall be unable to agree with any person for a parcel of land, or the person shall be unknown or a nonresident of the county, or a minor, or an insane or incompetent person, the commissioners or director of highways shall have the right, subject in case of the director of highways on the order of the commissioners, to begin action in the name of the county in the district court to condemn the land necessary for the right-of-way for the highway under the provisions of chapter 7, title 7, Idaho Code. An order of the commissioners, entered upon their minutes, that the land sought to be condemned is necessary for a public highway and public use shall be prima facie evidence of the fact.
(2) Any lands classified as omitted lands under federal legislation shall be governed by the provisions of section 7-704A, Idaho Code.
History:
[40-606, added 1985, ch. 253, sec. 2, p. 617.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 6 - COUNTY COMMISSIONERS AND HIGHWAY OFFICERS › Section 40-607 - COUNTY AND HIGHWAY DISTRICT HIGHWAY SYSTEM CONSTRUCTION, MAINTENANCE AND RIGHT-OF-WAY COSTS BORNE BY THE RESPONSIBLE COUNTY OR HIGHWAY DISTRICT — EXCEPTIONS.

40-607. COUNTY AND HIGHWAY DISTRICT HIGHWAY SYSTEM CONSTRUCTION, MAINTENANCE AND RIGHT-OF-WAY COSTS BORNE BY THE RESPONSIBLE COUNTY OR HIGHWAY DISTRICT — EXCEPTIONS. The costs of constructing, reconstructing, maintaining and acquiring rights-of-way for highways in a county highway system and a highway district highway system shall be borne by the responsible highway jurisdiction. This section shall not be construed as preventing counties and highway districts from contracting with the state for engineering or other services provided just compensation is paid. If planning or engineering studies show the existence of a need, a county or highway district may purchase, condemn or otherwise acquire new or additional rights-of-way for a new alignment of or improvement of an existing alignment of an extension of a county or highway district rural major collector highway through cities with populations of less than five thousand (5,000), provided the extension does not eliminate access to adjacent property owners. A county or highway district shall have jurisdiction, with the full authority to construct, maintain and control, over an extension of a rural major collector highway eligible for federal highway funds within a city, when the city population is less than five thousand (5,000). Counties and highway districts may enter into any mutual agreement for the transfer of maintenance and control of the rural major collector highway extension to the city. A county or highway district may contract with an adjoining county or highway district for the construction and/or maintenance of any part of its highway system.
History:
[40-607, added 1985, ch. 253, sec. 2, p. 617; am. 1986, ch. 328, sec. 8, p. 806; am. 1993, ch. 127, sec. 1, p. 322.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 6 - COUNTY COMMISSIONERS AND HIGHWAY OFFICERS › Section 40-608 - RECORD OF HIGHWAY PROCEEDINGS.

40-608. RECORD OF HIGHWAY PROCEEDINGS. The clerk of the commissioners shall keep a book in which must be recorded separately all proceedings of the commissioners relative to each highway division, including orders laying out, altering, and opening highways; and in a separate book a description of each highway division, its deputy directors of highways, its highways, contracts, and all other matters pertaining to them.
History:
[40-608, added 1985, ch. 253, sec. 2, p. 618.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 6 - COUNTY COMMISSIONERS AND HIGHWAY OFFICERS › Section 40-609 - CONTRACTS TO USE DAMS AS HIGHWAYS.

40-609. CONTRACTS TO USE DAMS AS HIGHWAYS. Commissioners are empowered to make contracts in a form and under conditions deemed proper with the persons or corporations owning or proposing to construct any dam across any river in the state, providing for the use of the dam either in whole or in part, or in a general or limited way as may be agreed upon for a public highway. If the dam and proposed highway is in more than one (1) county, the agreement shall be executed by the commissioners of each county. Contracts for the use as a public highway of any dam to be constructed may be executed prior to construction, and shall, subject to the terms of the contract, be public highways.
History:
[40-609, added 1985, ch. 253, sec. 2, p. 618.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 6 - COUNTY COMMISSIONERS AND HIGHWAY OFFICERS › Section 40-610 - REPORT OF CONDITION OF HIGHWAYS — FILING.

40-610. REPORT OF CONDITION OF HIGHWAYS — FILING. On or before the first day of November in each year, the commissioners shall make a report of the condition of the work, construction, maintenance and repair of all the highways within the county, accompanied by a map or maps of them, together with any other facts necessary for establishing generally the situation and condition of highways within the county. The report shall be made in duplicate, one (1) copy to be filed in the office of the board and one (1) with the clerk of the commissioners.
History:
[40-610, added 1985, ch. 253, sec. 2, p. 618.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 6 - COUNTY COMMISSIONERS AND HIGHWAY OFFICERS › Section 40-611 - REPORT OF FINANCIAL CONDITION — PUBLICATION.

40-611. REPORT OF FINANCIAL CONDITION — PUBLICATION. On or before the first day of November of each year, the commissioners shall make and file in its office a full, true and correct statement of the financial condition of the county in respect to highways as it exists on the first day of the preceding October, and of its expenditures and appropriation for highway purposes during the preceding year. A copy of the statement shall be published in at least one (1) issue of a newspaper published in the county.
History:
[40-611, added 1985, ch. 253, sec. 2, p. 618.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 6 - COUNTY COMMISSIONERS AND HIGHWAY OFFICERS › Section 40-612 - COMMISSIONERS — HIGHWAY CONTRACTS.

40-612. COMMISSIONERS — HIGHWAY CONTRACTS. No commissioner shall have interest directly or indirectly in any contract awarded or to be awarded by the commissioners, or in the benefits to be derived from them. A violation of this provision shall be a misdemeanor, and a conviction shall constitute a forfeiture of office and a fine not exceeding one thousand dollars ($1,000), or by imprisonment not to exceed six (6) months, or by both fine and imprisonment.
History:
[40-612, added 1985, ch. 253, sec. 2, p. 619.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 6 - COUNTY COMMISSIONERS AND HIGHWAY OFFICERS › Section 40-613 - JURISDICTION IN ADJOINING COUNTIES.

40-613. JURISDICTION IN ADJOINING COUNTIES. Commissioners of each county are empowered to lay out, build, repair, improve and maintain highways and bridges in any adjoining county whenever it shall appear to the commissioners that the laying out, building, repairing, improving or maintaining of highways and bridges in any adjoining county is or will be in the interest of the particular county or of benefit to the people of it. The expense shall be paid out of the county highway fund of the county whose commissioners order and contract for the work to be done. Any highway or bridge work shall not be done in any adjoining county by a particular county if the work would impair the credit of the adjoining county, injure property, or be detrimental to the interest of its citizens.
History:
[40-613, added 1985, ch. 253, sec. 2, p. 619.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 6 - COUNTY COMMISSIONERS AND HIGHWAY OFFICERS › Section 40-614 - SERVICE OF NOTICE ON CHAIRMAN OR CLERK OF COMMISSIONERS OF ADJOINING COUNTY.

40-614. SERVICE OF NOTICE ON CHAIRMAN OR CLERK OF COMMISSIONERS OF ADJOINING COUNTY. At least thirty (30) days before the commissioners of a particular county shall proceed to do any work in any adjoining county, it shall cause a notice to be served, in writing, on the chairman or clerk of the commissioners of the adjoining county of its intent to do the work, describing the nature, scope and kind of work to be done, giving the approximate cost of the work, the place where the work is to be performed, the approximate time the work will be commenced and the approximate time that will be required to complete the work.
History:
[40-614, added 1985, ch. 253, sec. 2, p. 619.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 6 - COUNTY COMMISSIONERS AND HIGHWAY OFFICERS › Section 40-615 - COUNTY AND DISTRICT BOARDS — COOPERATION WITH STATE.

40-615. COUNTY AND DISTRICT BOARDS — COOPERATION WITH STATE. Commissioners of any county, or the board of commissioners of any highway district, are empowered to cooperate with the state in the construction of highways or bridges, with aid from the United States or the state. The boards of commissioners are authorized to deposit with the treasurer of the state, to be placed in the state highway account, the amount of funds to be contributed by the county or highway district on any project for the improvement or construction of highways or bridges, which may be agreed upon in writing between the boards of commissioners and the board. The boards of commissioners are empowered to make deposits in advance of construction and at the time the agreement between the boards and the board is entered into. In the event the project for the improvement or construction of highways or bridges is not proceeded with, or in the event that all of the funds deposited by any board of commissioners for use on any project are not used in the completion of the project, the board shall repay any unused balances to the boards of commissioners having deposited these funds, and the state controller shall draw his warrant for the payment of those moneys out of the state highway account against claims duly approved by the board and the state board of examiners.
History:
[40-615, added 1985, ch. 253, sec. 2, p. 619; am. 1994, ch. 180, sec. 76, p. 477.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 6 - COUNTY COMMISSIONERS AND HIGHWAY OFFICERS › Section 40-616 - SIDEWALKS OR SIDE PATHS.

40-616. SIDEWALKS OR SIDE PATHS. Commissioners and boards of commissioners of any highway district are empowered to set apart on and along any public highway outside the boundaries of incorporated cities a strip of land not exceeding eight (8) feet in width for a sidewalk or side path and to make an order designating the width of the path and to cause the line separating the path from the highway proper to be located and marked with stakes, posts, grade, or other marker, unless the governing board makes a written finding supporting the public necessity for a sidewalk or side path of greater width. After the sidewalks and paths have been set apart and the line separating them from the highway has been located and marked, the use shall be restricted to pedestrians, riders of bicycles, and riders of electric-assisted bicycles, if not otherwise prohibited by local ordinance or by signage posted by the public agency with jurisdiction after notice by inclusion on a governing board agenda.
History:
[40-616, added 1985, ch. 253, sec. 2, p. 620; am. 2019, ch. 84, sec. 1, p. 201; am. 2021, ch. 192, sec. 1, p. 521.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 6 - COUNTY COMMISSIONERS AND HIGHWAY OFFICERS › Section 40-617 - CONTRACTS FOR REPAIR OF HIGHWAYS.

40-617. CONTRACTS FOR REPAIR OF HIGHWAYS. Commissioners shall, at least three (3) weeks prior to their regular meeting in October or March, or at other times as may become necessary, cause notice to be published in a newspaper, published in the county, for sealed bids to be received by the commissioners for the repair and improvement of the highways in the county highway system. Each proposal or bid submitted to the commissioners, shall be accompanied by a bond conditioned for the faithful performance of the duties of the contract, which may be entered into by and between the party making the proposal, or bid, and the commissioners.
History:
[40-617, added 1985, ch. 253, sec. 2, p. 620.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 6 - COUNTY COMMISSIONERS AND HIGHWAY OFFICERS › Section 40-618 - APPOINTMENT OF COUNTY DIRECTOR OF HIGHWAYS.

40-618. APPOINTMENT OF COUNTY DIRECTOR OF HIGHWAYS. The commissioners of each county may appoint and employ a county director of highways, who shall be a person qualified in highway administration, construction and maintenance, to handle the technical and administrative phases of county highway construction, maintenance and improvement. The salary and compensation of the county director of highways shall be fixed by the commissioners and shall be paid from the county highway fund. The county engineer may be appointed as the director of highways if the commissioners so determine; and in that event, his compensation as director of highways shall be distinct from, and in addition to, his compensation as county engineer.
History:
[40-618, added 1985, ch. 253, sec. 2, p. 620.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 6 - COUNTY COMMISSIONERS AND HIGHWAY OFFICERS › Section 40-619 - DUTIES AND POWERS OF COUNTY DIRECTOR OF HIGHWAYS.

40-619. DUTIES AND POWERS OF COUNTY DIRECTOR OF HIGHWAYS. The county director of highways shall:
(1) Prepare and submit each year for the approval of the commissioners a tentative highway budget covering all proposed expenditures for the ensuing year.
(2) Divide the county into a suitable and convenient number of highway divisions, which shall exist only for the purpose of facilitating highway construction and maintenance activities. The geographical boundaries and arrangements of the divisions may, with the approval of the commissioners, be altered at any time at the discretion of the director of highways.
(3) Employ assistants and employees as may be necessary for county highway purposes, subject to the approval of the commissioners as to salaries or other compensation to be paid.
(4) Purchase or lease equipment necessary for county highway purposes and sell or replace obsolete equipment, subject to the approval of the commissioners as to the price, rental or cost of replacement.
(5) Cause to be erected and maintained on county highways, whenever necessary for public safety and convenience, suitable signs, markers, signals and other devices to control, guide and warn pedestrian and vehicular traffic.
(6) Cause surveys, maps, plans, specifications and estimates to be made for the construction, reconstruction and maintenance of county highways.
(7) Forbid, restrict or limit the erection of unauthorized signs, billboards or structures on the right-of-way of any county highway, and remove and destroy any unauthorized signs.
(8) Perform other acts as may be authorized by the commissioners for the improvement and maintenance of county highways.
History:
[40-619, added 1985, ch. 253, sec. 2, p. 620.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 7 - APPROPRIATIONS › Section 40-702 - STATE HIGHWAY ACCOUNT — ESTABLISHMENT.

40-702. STATE HIGHWAY ACCOUNT — ESTABLISHMENT. For the purpose of carrying out the provisions of this title, there is established in the dedicated fund of the state treasury an account to be known as the state highway account, which account shall include:
(1) All moneys received by the state treasurer for deposit to the state highway account.
(2) All fines, penalties and forfeitures incurred and collected for violations of the provisions of this title, except as otherwise provided.
(3) All donations to the state from any source for the construction and improvement of highways.
(4) All moneys received from local boards under joint contracts for the construction of state highways.
(5) All federal surface transportation funds received from the United States government, including, but not limited to, funds received pursuant to chapter 1 of title 23, United States Code, for the national highway systems program, the surface transportation program, the highway bridge program, the minimum guarantee program, the federal lands highways program and other similar programs under successor laws.
(6) Other moneys which may be provided by law for the construction and improvement of state highways.
(7) Interest earned on the investment of idle moneys in the state highway account shall be paid to the state highway account.
History:
[40-702, added 1985, ch. 253, sec. 2, p. 621; am. 1990, ch. 158, sec. 2, p. 345; am. 2005, ch. 378, sec. 4, p. 1220.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 7 - APPROPRIATIONS › Section 40-703 - ESTABLISHMENT OF LOCAL BRIDGE INSPECTION ACCOUNT — ADMINISTRATION.

40-703. ESTABLISHMENT OF LOCAL BRIDGE INSPECTION ACCOUNT — ADMINISTRATION. In order to promote public safety at bridges on local public highways and to provide for the payment of the local matching share of federal funds available for periodic inspection of these bridges to comply with federal laws, there is established in the dedicated fund of the state treasury an account known as the "local bridge inspection account." The department is charged with the sole and exclusive administration of this account, and shall follow federal guidelines in making bridge inspections which are to be funded in part with federal funds. Interest earned on the investment of idle moneys in the local bridge inspection account shall be paid to the local bridge inspection account.
History:
[40-703, added 1985, ch. 253, sec. 2, p. 622; am. 1990, ch. 158, sec. 3, p. 345.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 7 - APPROPRIATIONS › Section 40-704 - TURNPIKE PROJECT ACCOUNTS — ESTABLISHMENT.

40-704. TURNPIKE PROJECT ACCOUNTS — ESTABLISHMENT. In order to provide for the redemption of and interest on turnpike revenue bonds, and construction, maintenance and operation of turnpike projects, there may be established in the dedicated fund of the state treasury an account to be known by the appropriate name of each turnpike project. Each account shall include all moneys received and paid over for the particular turnpike project, and the moneys in each account shall be expended solely for that turnpike project.
History:
[40-704, added 1985, ch. 253, sec. 2, p. 622.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 7 - APPROPRIATIONS › Section 40-705 - TRANSFER AND CONTROL OF FUNDS.

40-705. TRANSFER AND CONTROL OF FUNDS. All funds, appropriations and other moneys from whatever source, now or subsequently appropriated and provided by law for the administration of the functions, powers and duties of the department and the board, including those of the state highway account, shall be and the same hereby are transferred and made available to and placed under the control of the board and appropriated for expenditure by it and shall be paid out by the state treasurer in the manner provided by the constitution and the laws of the state of Idaho.
History:
[40-705, added 1985, ch. 253, sec. 2, p. 622.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 7 - APPROPRIATIONS › Section 40-706 - DISPOSITION OF MOTOR VEHICLE REGISTRATION MONEY.

40-706. DISPOSITION OF MOTOR VEHICLE REGISTRATION MONEY. All moneys collected in any county from the registration of motor vehicles, trailers and semitrailers shall be forwarded to the state treasurer not later than the fifteenth day of the month following the calendar month in which the moneys were collected, and the state treasurer shall then pay the moneys collected into the highway distribution account, unless otherwise provided by law.
History:
[40-706, added 1985, ch. 253, sec. 2, p. 622.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 7 - APPROPRIATIONS › Section 40-707 - APPROPRIATION OF MONEYS IN STATE HIGHWAY ACCOUNT.

40-707. APPROPRIATION OF MONEYS IN STATE HIGHWAY ACCOUNT. (1) From federal funds within the state highway account, there are hereby continuously appropriated first such amounts as, from time to time, shall be certified by the Idaho housing and finance association to the state controller, state treasurer and the board as necessary for payment of principal, interest and other amounts required for transportation bonds or notes of the Idaho housing and finance association in accordance with chapter 62, title 67, Idaho Code, which amounts shall be transferred to the GARVEE debt service fund established in section 40-718, Idaho Code.
(2) The board may, but is not obligated to, use any nonfederal funds in the state highway account to pay match as required for receipt of federal funds used to pay the bonds or notes as described in subsection (1) of this section. Such match may be transferred to the GARVEE debt service fund established in section 40-718, Idaho Code.
(3) One-half of one percent (.5%) of the moneys in the state highway account may be utilized to encourage the use of recycled materials including, but not limited to, recycled glass, reclaimed asphalt, asphalt containing recycled plastic, recycled rubber tires and paper in highway construction and maintenance projects. All other moneys at any time in the state highway account, except those as are otherwise required by law to be placed in the state highway redemption account, are hereby appropriated for the purpose of defraying the expenses, debts and costs incurred in carrying out the powers and duties of the Idaho transportation board as provided by law, and for defraying administrative expenses of the department, including salaries of the board, the salary of the director, and salaries and wages of employees of the department and board and expenses for traveling. Communication supplies, equipment, fixed charges and all other necessary expenses of the department, including the aeronautics air flight program and the board, not otherwise provided for and all claims against the state highway account shall be examined by the department and certified to the state controller, who shall, upon approval of the board of examiners, draw his warrant against the state highway account for all bills and claims allowed by the board.
History:
[40-707, added 1985, ch. 253, sec. 2, p. 622; am. 1994, ch. 180, sec. 78, p. 478; am. 1994, ch. 409, sec. 2, p. 1281; am. 2005, ch. 378, sec. 5, p. 1220; am. 2011, ch. 58, sec. 2, p. 122.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 7 - APPROPRIATIONS › Section 40-711 - MONEYS OF HIGHWAY DISTRICTS — APPORTIONMENT WITH COUNTIES.

40-711. MONEYS OF HIGHWAY DISTRICTS — APPORTIONMENT WITH COUNTIES. (1) Within ten (10) days after the organization of a highway board, it shall be the duty of the commissioners to pay over to the treasurer of the highway district the proper share of the district’s funds in the highway and bridge fund of the county, the share being ascertained and determined as follows: From the total amount of the highway and bridge funds, consisting of the balance, if any, on hand at the beginning of the current calendar year, augmented by the amount of whatever taxes may have been subsequently collected and paid into the highway and bridge funds, there shall be deducted the amount of any payments made from the funds since the beginning of the calendar year and also any amount needed to make good any deficiency in the funds that may have existed at the beginning of that year. The resulting amount is, for the purpose of the computation, termed the net highway and bridge fund. The highway district’s contribution to it is an amount which bears the same ratio that the amount of the highway and bridge ad valorem taxes levied by the county within the highway district in the preceding year (less twenty-five per cent (25%) of the highway fund levied within any included cities), bears to the total amount of highway and bridge ad valorem taxes levied in the county in the preceding year. The proper share for the highway district in the highway and bridge fund is, for the purpose of this section, ninety-five per cent (95%) of the highway district’s contribution to the net highway and bridge fund.
(2) All moneys thereafter coming into the county highway and bridge funds by reason of county levies made prior to the organization of the highway district, but which may not, at the time of the organization, have been collected by the county, shall as soon as collected, be accounted for and apportioned by the methods set forth above, and the highway district’s proper share in it paid over to the highway district.
(3) Pending final adjustment and payment of the amounts provided for in this section, the commissioners are authorized to retain a proportion of the funds as shall be required to meet outstanding valid warrants lawfully issued against the county prior to the organization of the highway district and outstanding indebtedness of the county lawfully contracted prior to the organization of the highway district lawfully chargeable and payable out of those funds. This section shall not apply to the proceeds of taxes specially levied to meet the requirements of bonds issued by the county.
History:
[40-711, added 1985, ch. 253, sec. 2, p. 626.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 7 - APPROPRIATIONS › Section 40-712 - CITY’S PORTION OF HIGHWAY FUNDS PAID TO AUDITOR — FISCAL ASSISTANCE FUNDS.

40-712. CITY’S PORTION OF HIGHWAY FUNDS PAID TO AUDITOR — FISCAL ASSISTANCE FUNDS. (1) Any city which maintains highways shall continue to receive their proportionate share of moneys distributed under section 40-709, Idaho Code, but in a single county-wide highway district organized under the provisions of chapter 10, title 40, Idaho Code, or under chapter 273, laws of 1971, those moneys shall be paid to the county auditor for the benefit of the county-wide highway district.
(2) Any city or county which receives moneys under the provisions of the state and local fiscal assistance act of 1972 may utilize those funds for any purposes that were solely the responsibility of that city or county prior to March 17, 1973, and which responsibility was transferred to a county-wide highway district by chapter 273, laws of 1971. Any city or county which receives moneys under the provisions of the state and local fiscal assistance act of 1972 may utilize those funds for the design, construction, reconstruction and maintenance of sidewalks, when deemed to be for public safety. Utilization of the fiscal assistance funds may be accomplished by a transfer of the funds to a county-wide highway district, and the provisions of sections 67-2326 through and including 67-2333, Idaho Code, may be utilized for transfer, provided, the provisions of the state and local fiscal assistance act of 1972 are adhered to.
History:
[40-712, added 1985, ch. 253, sec. 2, p. 626.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 7 - APPROPRIATIONS › Section 40-713 - EXPENDITURE AND APPLICABILITY OF FUNDS.

40-713. EXPENDITURE AND APPLICABILITY OF FUNDS. The commissioners and the board of commissioners of each highway district are empowered to expend all or any portion of moneys received by them from the highway distribution account, in cooperation with the state of Idaho or the United States, or both, in the construction of highways or bridges.
History:
[40-713, added 1985, ch. 253, sec. 2, p. 627.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 7 - APPROPRIATIONS › Section 40-714 - BUDGETING AND ALLOCATION OF FUNDS.

40-714. BUDGETING AND ALLOCATION OF FUNDS. (1) The commissioners shall budget and allocate the moneys from the highway distribution account to be available during the year for which the budget is made as in the manner now provided by law for the budgeting of its expenditures, and may budget and allocate so much of them as shall be available for construction and maintenance of highways, in cooperation with the state of Idaho and United States, or either.
(2) The board of commissioners of each highway district may at any meeting allocate the moneys then available and to become available from the highway distribution account during that year for the construction and maintenance of highways, in cooperation with the state of Idaho and the United States, or either.
History:
[40-714, added 1985, ch. 253, sec. 2, p. 627.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 7 - APPROPRIATIONS › Section 40-715 - TRANSFER OF SUMS ALLOCABLE TO COUNTIES, HIGHWAY DISTRICTS AND CITIES — DISBURSEMENT.

40-715. TRANSFER OF SUMS ALLOCABLE TO COUNTIES, HIGHWAY DISTRICTS AND CITIES — DISBURSEMENT. It is the duty of the state controller to draw warrants upon the state treasury for the transfer of the distributive sums allocable to the several counties, highway districts and cities, which warrants shall be made payable directly to the county treasurers, highway district secretary or city clerk. The county treasurers shall deposit the moneys in the county highway fund, highway district secretaries shall deposit the moneys in the highway district road fund and the city clerk shall deposit the moneys in the city street fund.
History:
[40-715, added 1985, ch. 253, sec. 2, p. 627; am. 1993, ch. 126, sec. 2, p. 321; am. 1994, ch. 180, sec. 81, p. 481; am. 2003, ch. 32, sec. 22, p. 130.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 7 - APPROPRIATIONS › Section 40-717 - DEPOSIT AND DISBURSEMENT OF FUNDS OF THE LOCAL HIGHWAY TECHNICAL ASSISTANCE COUNCIL — ADMINISTRATION.

40-717. DEPOSIT AND DISBURSEMENT OF FUNDS OF THE LOCAL HIGHWAY TECHNICAL ASSISTANCE COUNCIL — ADMINISTRATION. (1) Funds apportioned under section 40-709, Idaho Code, to the local highway technical assistance council shall immediately be deposited by the council in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. All funds so deposited and interest from the same are hereby continuously appropriated for the purpose of carrying out the provisions of chapter 24, title 40, Idaho Code.
(2) The local highway technical assistance council is charged with the sole and exclusive administration of the council funds and shall follow federal guidelines in providing technical assistance to local highway jurisdictions which may be funded in part with federal funds. Funds can be withdrawn or paid out of such accounts only upon checks or other orders upon such account, signed by two (2) officers of the council or employees designated by the council.
(3) The right is reserved to the state of Idaho to audit the accounts and expenditures of the council at any time.
(4) All money received or expended by the council shall be audited annually by a certified public accountant, designated by the council, as provided in section 40-2405, Idaho Code.
History:
[40-717, added 1994, ch. 280, sec. 4, p. 870; am. 1995, ch. 268, sec. 1, p. 866.]