reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 22 - HAZARDOUS MATERIALS/HAZARDOUS WASTE TRANSPORTATION ENFORCEMENT › Section 49-2202 - PERMIT REQUIREMENTS FOR TRANSPORTERS OF HAZARDOUS WASTES.

49-2202. PERMIT REQUIREMENTS FOR TRANSPORTERS OF HAZARDOUS WASTES. (1) Every person, including a private carrier or a common or contract carrier, who operates a vehicle on any highway of this state transporting hazardous waste shall first procure from the department an annual or single trip permit for each vehicle so driven in which the shipment meets any one of the following qualifiers:
(a) Is required to be placarded pursuant to title 49, code of federal regulations, part 172;
(b) Is manifested on a United States environmental protection agency uniform hazardous waste manifest form 8700-22 and 8700-22A, or its equivalent;
(c) Is any waste material containing polychlorinated biphenyls (PCB) which is regulated by title 40, code of federal regulations, part 761; but in the event waste material is being transported to a disposal facility approved in compliance with 40 CFR 761.70 or 40 CFR 761.75 and is accompanied by a hazardous waste manifest form 8700-22 or 8700-22A, or its equivalent, then a permit shall be required regardless of the polychlorinated biphenyl concentration.
This permit shall be available for examination and shall be displayed in accordance with rules adopted by the department. The provisions of this section shall not apply to vehicles owned by any city, county, state or federal governmental department or agency, special purpose district created pursuant to law or rural electric cooperatives.
(2) The fee for a single trip permit for the transportation of hazardous waste shall be twenty dollars ($20.00).
(3) The fee for an annual permit for the transportation of hazardous waste shall be two hundred fifty dollars ($250).
(4) Any carrier required to pay the fees assessed pursuant to this section is authorized to pass along such fees to the shipping party. No portion of the fees shall be prorated, reduced or transferred to another vehicle.
(5) The department may select vendors to serve as agents on state highways for the purpose of selling hazardous waste permits where fixed ports of entry do not adequately serve a respective highway entering the state. The vendor shall be remunerated at the rate determined by contract between the vendor and the department per permit sold, and the vendor shall collect the fees provided in this section, and pay the fees to the department. The vendor shall guarantee payment by giving a bond to the state of Idaho in a sum as shall be fixed by the department, the premium on the bond to be paid by the department.
(6) The operation of a vehicle, which is subject to the permit requirements of this section in a negligent manner is a violation of the provisions of this chapter.
History:
[49-2202, added 1988, ch. 265, sec. 454, p. 814; am. 1989, ch. 317, sec. 1, p. 816; am. 1990, ch. 331, sec. 1, p. 908; am. 2006, ch. 20, sec. 1, p. 78.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 22 - HAZARDOUS MATERIALS/HAZARDOUS WASTE TRANSPORTATION ENFORCEMENT › Section 49-2203 - ENDORSEMENT REQUIREMENTS FOR TRANSPORTERS OF HAZARDOUS MATERIALS.

49-2203. ENDORSEMENT REQUIREMENTS FOR TRANSPORTERS OF HAZARDOUS MATERIALS. (1) Every person, including a private carrier or a common or contract carrier, who operates a vehicle on any highway of this state transporting hazardous material in such quantity and under such conditions that such vehicle is required to be placarded pursuant to 49 CFR part 172 or such vehicle’s cargo is regulated by 49 CFR part 171 or is required to meet the manifest requirements as set forth under the rules of the department of environmental quality, shall first procure from the department an annual vehicle registration endorsement. This registration endorsement shall be available for examination, unless procured via the state web portal, and shall be displayed in accordance with rules adopted by the department. The provisions of this section shall not apply to vehicles owned by any city, county, state or federal governmental department or agency or special purpose district created pursuant to law.
(2) The fee for an annual vehicle registration endorsement for the transportation of hazardous materials shall be fifteen dollars ($15.00). Any carrier required to pay the fee assessed pursuant to this section is authorized to pass along such fee to the shipping party. Vendors selling endorsements on behalf of the board shall be reimbursed at the rate of forty cents (40¢) per endorsement. No portion of the annual endorsement fee shall be prorated, reduced or transferred to another vehicle.
(3) The operation of a vehicle, which is subject to the endorsement requirements of this section, in a negligent manner is a violation of the provisions of this chapter.
History:
[49-2203, added 1988, ch. 265, sec. 455, p. 814; am. 1990, ch. 331, sec. 2, p. 909; am. 2001, ch. 103, sec. 89, p. 330; am. 2010, ch. 260, sec. 1, p. 662; am. 2020, ch. 36, sec. 1, p. 73.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 22 - HAZARDOUS MATERIALS/HAZARDOUS WASTE TRANSPORTATION ENFORCEMENT › Section 49-2204 - NOTICE OF FEDERAL INSURANCE REQUIREMENTS.

49-2204. NOTICE OF FEDERAL INSURANCE REQUIREMENTS. A transporter granted a transporter permit or endorsement under this section shall have and maintain financial responsibility for sudden and accidental occurrences in an amount equal to the federal requirements as specified in title 49, code of federal regulations. Coverage must provide for claims arising out of injury to persons, property, or the environment, including the spillage of hazardous material or waste while such materials are transported, and including the costs of cleaning up any spillage. Such liability coverage must be maintained at all times while the permit is in force. The liability requirements may be met by liability insurance, bonding, self insurance or any other method as may be provided by department rule. Failure to maintain the insurance required by federal law shall not constitute a civil or criminal violation of the provisions of this chapter.
History:
[49-2204, added 1988, ch. 265, sec. 456, p. 815.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 22 - HAZARDOUS MATERIALS/HAZARDOUS WASTE TRANSPORTATION ENFORCEMENT › Section 49-2205 - HAZARDOUS MATERIAL/HAZARDOUS WASTE TRANSPORTATION ENFORCEMENT FUND.

49-2205. HAZARDOUS MATERIAL/HAZARDOUS WASTE TRANSPORTATION ENFORCEMENT FUND. (1) For the purposes of the Idaho state police, there is hereby created a fund in the state treasury, to be designated the hazardous material/hazardous waste transportation enforcement fund.
(2) The fund shall consist of:
(a) Moneys appropriated to the fund;
(b) Moneys as provided in sections 49-2202 and 49-2203, Idaho Code, and in subsections (1) and (2) of section 49-2209, Idaho Code;
(c) Donations, gifts and grants from any source; and
(d) Any other moneys which may hereafter be provided by law.
(3) Moneys in the fund may be used by the director for reasonable costs incident to enforcement of the laws and rules related to the transportation of hazardous material or hazardous waste. Such costs include expenditures for inspection and monitoring programs, training of law enforcement personnel to meet specialized needs of hazardous materials/hazardous waste enforcement, and other reasonable expenses necessary for the enforcement of such programs.
(4) All moneys placed in the fund shall be appropriated annually by the legislature for the purposes described in subsection (3) of this section. All expenditures from the fund shall be paid out in warrants drawn by the state controller upon presentation of the proper vouchers.
(5) Pending use, surplus moneys in the fund shall be invested by the state treasurer in the same manner as provided under section 67-1210, Idaho Code.
(6) An amount of money equal to the actual and reasonable cost of issuing the permits and endorsements, collecting the moneys for them, and the direct administrative costs as determined by the department and certified by the state controller, shall be paid to the state highway fund established in section 40-702, Idaho Code.
History:
[49-2205, added 1988, ch. 265, sec. 457, p. 815; am. 1994, ch. 180, sec. 90, p. 487; am. 2000, ch. 469, sec. 121, p. 1583.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 22 - HAZARDOUS MATERIALS/HAZARDOUS WASTE TRANSPORTATION ENFORCEMENT › Section 49-2206 - ENFORCEMENT.

49-2206. ENFORCEMENT. (1) The provisions of this chapter and any rules adopted under it shall be enforced anywhere in the state by an authorized agent of the director or by any peace officer, except for conservation officers of the department of fish and game. Such authorized officers may detain and inspect any sealed or unsealed vehicle, container, or shipment which contains or which they have reason to believe contains hazardous material or wastes while in transit or in maintenance facilities or terminals, or on other public or private property to which the public has access, to ascertain if hazardous materials or wastes are being loaded, unloaded, stored or transported, and to inspect the contents, take samples thereof, and to otherwise insure compliance with the provisions of this chapter and of all rules adopted under section 67-2901A, Idaho Code, or chapter 44, title 39, Idaho Code. If a seal is opened for inspection, the inspecting officer shall reseal any vehicle, container or shipment prior to further transportation. Property used in violation of the laws may be seized and used as evidence.
(2) For the purposes of this chapter and chapter 44, title 39, Idaho Code, the transporter is responsible for the cleanup of any hazardous material/hazardous waste discharge in, on and outside the vehicle, or any one (1) or more of such locations, that occurs during transportation and must take such action as may be required so that the discharge no longer presents a hazard to public health, safety, or the environment.
(3) The board is authorized to suspend or revoke any permit or endorsement issued pursuant to this chapter if it is determined that any material provision of the permit or endorsement has been violated or if the driver, owner, lessee, or custodian of a permitted vehicle has been convicted of two (2) or more violations within a calendar year of any combination of statutes or rules relative to hazardous materials or hazardous waste. In any action to suspend or revoke, the board shall comply with the procedures specified in chapter 52, title 67, Idaho Code. Should the board have reasonable cause to believe that there exists any immediate danger to the public health, safety or environment, it may issue an emergency order suspending any permit or endorsement granted under this chapter for a reasonable period not to exceed fourteen (14) days.
History:
[49-2206, added 1988, ch. 265, sec. 458, p. 816; am. 1999, ch. 383, sec. 10, p. 1066.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 22 - HAZARDOUS MATERIALS/HAZARDOUS WASTE TRANSPORTATION ENFORCEMENT › Section 49-2207 - CIVIL ENFORCEMENT ACTION.

49-2207. CIVIL ENFORCEMENT ACTION. The attorney general or any prosecuting attorney may commence and prosecute in district court a civil enforcement action against any person who is alleged to have violated this chapter or any permit, endorsement, standard, regulation, condition, or requirement which has become effective pursuant to this chapter. Such actions may be for appropriate relief or remedies specified in this chapter or any other applicable law. The director or department shall not be required to initiate or prosecute an administrative action before the attorney general or prosecuting attorney may commence and prosecute a civil enforcement action, but no such civil enforcement action shall be filed while an administrative action is still pending.
History:
[49-2207, added 1988, ch. 265, sec. 459, p. 817.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 22 - HAZARDOUS MATERIALS/HAZARDOUS WASTE TRANSPORTATION ENFORCEMENT › Section 49-2208 - SUBPOENA AUTHORITY.

49-2208. SUBPOENA AUTHORITY. The attorney general or any prosecuting attorney, for the purposes contemplated by this chapter, upon probable cause to believe that a violation of any of the provisions of this chapter has occurred, may, after notice to the persons to whom the subpoena is to be directed, apply to any judge of the district court for the county in which such violation is believed to have occurred for a subpoena to compel the attendance of witnesses, and to compel the production of pertinent books, payrolls, accounts, papers, records, documents and testimony. Such judge shall issue a subpoena upon a finding of probable cause and shall enforce refusals to testify or to produce subpoenaed items with contempt sanctions. Subpoenas shall be served and witness fees and mileage paid as allowed in civil cases in the district courts of this state.
History:
[49-2208, added 1988, ch. 265, sec. 460, p. 817.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 22 - HAZARDOUS MATERIALS/HAZARDOUS WASTE TRANSPORTATION ENFORCEMENT › Section 49-2210 - IMMUNITIES.

49-2210. IMMUNITIES. (1) (a) Notwithstanding any provision of law to the contrary, no person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened leakage, seepage, or other release of hazardous material, or in preventing, cleaning up, or disposing of or in attempting to prevent, clean up or dispose of any such leakage, seepage or other release, shall be subject to civil liabilities or penalties of any type.
(b) The immunities provided in subsection (3) of section 49-2209, Idaho Code, [subsection (1)(a) of this section] shall not apply to any person:
1. Whose act or omission caused in whole or in part such actual or threatened leakage, seepage or other release and would otherwise be liable therefor; or
2. Who receives compensation, or is an employee of a person who receives compensation for services rendered in connection with the emergency, from a person whose act or omission caused in whole or in part the emergency, other than reimbursement for out-of-pocket expenses for services in rendering such assistance or advice.
(c) Nothing in subsection (3) of section 49-2209, Idaho Code, [subsection (1)(a) of this section] shall be construed to limit or otherwise affect the liability of any person for damages resulting from such person’s gross negligence, or from such person’s reckless, wanton, or intentional misconduct.
(2) Governmental immunity. No cause of action shall accrue against the state of Idaho or any of its political subdivisions or any agency thereof based on negligence in a performance of any of the duties or responsibilities provided under this chapter.
History:
[49-2210, added 1988, ch. 265, sec. 462, p. 819.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 22 - HAZARDOUS MATERIALS/HAZARDOUS WASTE TRANSPORTATION ENFORCEMENT › Section 49-2211 - CRIMINAL ENFORCEMENT AND PENALTIES.

49-2211. CRIMINAL ENFORCEMENT AND PENALTIES. (1) Any person who knowingly makes any materially false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained or used for the purpose of complying with the provisions of this chapter shall be guilty of a misdemeanor and subject to a fine of not more than ten thousand dollars ($10,000) or to imprisonment not to exceed one (1) year, or to both, for each violation.
(2) Any person who knowingly violates any provision of this chapter or any permit, standard, regulation, condition, or requirement issued or promulgated pursuant to this chapter shall be guilty of a misdemeanor and subject to a fine of not more than ten thousand dollars ($10,000) or to imprisonment not to exceed one (1) year, or to both, for each violation.
(3) Any person found guilty of a second offense under this chapter within a period of five (5) years shall be guilty of a misdemeanor punishable by a fine not to exceed twenty-five thousand dollars ($25,000).
(4) An action may be commenced and prosecuted by the attorney general. The director or board shall not be required to initiate or prosecute an administrative action before the attorney general or prosecuting attorney may commence and prosecute a civil action.
History:
[49-2211, added 1988, ch. 265, sec. 463, p. 819.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 22 - HAZARDOUS MATERIALS/HAZARDOUS WASTE TRANSPORTATION ENFORCEMENT › Section 49-2212 - CHANGE OF FEDERAL RULES AND REGULATIONS.

49-2212. CHANGE OF FEDERAL RULES AND REGULATIONS. Whenever any federal rule or regulation is cited in this chapter and is amended, modified, repealed or recodified, its successor rule or regulation shall govern and be operative.
History:
[49-2212, added 1988, ch. 265, sec. 464, p. 820.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2401 - MANUFACTURERS OR DISTRIBUTORS — FINANCING AGREEMENTS INVOLVING RETAIL SALES PROHIBITED.

49-2401. MANUFACTURERS OR DISTRIBUTORS — FINANCING AGREEMENTS INVOLVING RETAIL SALES PROHIBITED. It shall be unlawful for any person who is engaged, either directly or indirectly, in the manufacture or wholesale distribution only of motor vehicles to sell or enter into a contract to sell motor vehicles, whether patented or unpatented, to any person who is engaged or intends to engage in the business of selling those motor vehicles at retail in this state, on the condition or with an agreement or understanding, either express or implied, that a person engaged in selling motor vehicles at retail shall in any manner finance the purchase or sale of any one or a number of motor vehicles only with or through a designated person or class of persons, or shall sell and assign the conditional sales contracts, chattel mortgages or leases arising from the sale of motor vehicles or any one or a number of motor vehicles only to a designated person or class of persons, when the effect of the condition, agreement or understanding entered into may be to lessen or eliminate competition, or create or tend to create a monopoly in the person or class of persons who are designated by virtue of that condition, agreement, or understanding to finance the purchase or sale of motor vehicles, or to purchase conditional sales contracts, chattel mortgages or leases.
Any such condition, agreement or understanding is hereby declared to be void and against the public policy of this state.
History:
[49-2401, added 1988, ch. 265, sec. 467, p. 820.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2402 - THREATS TO WITHDRAW AGENCY PROHIBITED.

49-2402. THREATS TO WITHDRAW AGENCY PROHIBITED. Any threat, expressed or implied, made directly or indirectly to any person engaged in the business of selling motor vehicles at retail in this state by any person engaged, either directly or indirectly in the manufacture or wholesale distribution only of motor vehicles, that the person will discontinue or cease to sell, or refuse to enter into a contract to sell, or will terminate a contract to sell motor vehicles, whether patented or unpatented, to a person who is engaged in the business of selling motor vehicles at retail, unless that person finances the purchase or sale of any one or a number of motor vehicles only with or through a designated person or class of persons, or sells and assigns the conditional sales contracts, chattel mortgages or leases arising from his retail sales of motor vehicles, or any one or a number of motor vehicles only to a designated person or class of persons, shall be prima facie evidence of the fact that a person engaged in the manufacture or wholesale distribution only of motor vehicles has sold or intends to sell the same on the condition or with the agreement or understanding prohibited in section 49-2401, Idaho Code.
History:
[49-2402, added 1988, ch. 265, sec. 468, p. 821.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2403 - THREATS ON PART OF FINANCING COMPANY AFFILIATED WITH MANUFACTURER OR DEALER.

49-2403. THREATS ON PART OF FINANCING COMPANY AFFILIATED WITH MANUFACTURER OR DEALER. Any threat, expressed or implied, made directly or indirectly, to any person engaged in the business of selling motor vehicles at retail in this state by any person, or any agent of any such person, who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles in this state, and is affiliated with or controlled by any person engaged, directly or indirectly in the manufacture or wholesale distribution only of motor vehicles, that the person engaged in the manufacture or distribution shall terminate his contract with or cease to sell motor vehicles to a person engaged in the sale of motor vehicles at retail in this state unless that person finances the purchase or sale of any one or any number of vehicles only with or through a designated person or class of persons, or sells and assigns the conditional sales contracts, chattel mortgages or leases arising from his retail sale of motor vehicles, or any one or any number thereof only to a person engaged in financing the purchase or sale of motor vehicles, or in buying conditional sales contracts, chattel mortgages or leases on motor vehicles, shall be presumed to be made at the direction of and with the authority of the person engaged in the manufacture or distribution of motor vehicles, and shall be prima facie evidence of the fact that the person engaged in the manufacture or wholesale distribution only of motor vehicles has sold or intends to sell them on the condition or with the agreement or understanding prohibited in section 49-2401, Idaho Code.
History:
[49-2403, added 1988, ch. 265, sec. 469, p. 821.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2404 - PRACTICES OF MANUFACTURER OR DISTRIBUTOR LESSENING OR ELIMINATING COMPETITION PROHIBITED.

49-2404. PRACTICES OF MANUFACTURER OR DISTRIBUTOR LESSENING OR ELIMINATING COMPETITION PROHIBITED. It shall be unlawful for any person who is engaged, directly or indirectly in the manufacture or wholesale distribution only of motor vehicles, whether patented or unpatented, to pay or give, or contract to pay or give any thing or service of value to any person who is engaged in the business of financing the purchase or sale of motor vehicles, or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles sold at retail within this state, if the effect of the payment or the giving of a thing or service of value may be to lessen or eliminate competition, or tend to create or create a monopoly in the person or class of persons who receive or accept such thing or service of value.
History:
[49-2404, added 1988, ch. 265, sec. 470, p. 822.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2405 - PRACTICES OF FINANCE COMPANY LESSENING OR ELIMINATING COMPETITION PROHIBITED.

49-2405. PRACTICES OF FINANCE COMPANY LESSENING OR ELIMINATING COMPETITION PROHIBITED. It shall be unlawful for any person who is engaged in the business of financing the purchase or sale of motor vehicles, or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles sold at retail within this state, to accept or receive, or contract or agree to accept or receive, either directly or indirectly, any payment, thing, or service of value from any person who is engaged, either directly or indirectly, in the manufacture or wholesale distribution only of motor vehicles, whether patented or unpatented, if the effect of the acceptance or receipt of a payment, thing, or service of value may be to lessen or eliminate competition, or to create or tend to create a monopoly in the person who accepts or receives the payment, thing, or service of value, or contracts or agrees to accept or receive that thing or service of value.
History:
[49-2405, added 1988, ch. 265, sec. 471, p. 822.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2406 - ACCEPTANCE OR PAYMENT OF THING OR SERVICE OF VALUE PROHIBITED.

49-2406. ACCEPTANCE OR PAYMENT OF THING OR SERVICE OF VALUE PROHIBITED. It shall be unlawful for any person to accept or receive, either directly or indirectly, any payment, thing or service of value, as set forth in section 49-2405, Idaho Code, or contracts, either directly or indirectly, to receive a payment or thing or service of value to finance or attempt to finance the purchase or sale of any motor vehicles, or buy or attempt to buy any conditional sales contracts, chattel mortgages or leases on motor vehicles sold at retail in this state.
History:
[49-2406, added 1988, ch. 265, sec. 472, p. 822.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2407 - VIOLATION — QUO WARRANTO PROCEEDINGS.

49-2407. VIOLATION — QUO WARRANTO PROCEEDINGS. For a violation of any of the provisions of sections 49-2401 through 49-2406, Idaho Code, by any corporation or association, it shall be the duty of the attorney general of Idaho to institute proper suits of quo warranto proceedings in any court of competent jurisdiction for the forfeiture of its charter rights, franchises or privileges and powers exercised by the corporation or association, and for the dissolution of them under the general statutes of this state.
History:
[49-2407, added 1988, ch. 265, sec. 473, p. 823.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2408 - FOREIGN CORPORATIONS AMENABLE — DUTY OF SECRETARY OF STATE.

49-2408. FOREIGN CORPORATIONS AMENABLE — DUTY OF SECRETARY OF STATE. Every foreign corporation, as well as every foreign association, exercising any of the powers, franchises or functions of a corporation in Idaho, violating any of the provisions of sections 49-2401 through 49-2406, Idaho Code, is hereby denied the right and prohibited from doing any business in Idaho, and it shall be the duty of the attorney general to enforce this provision by bringing proper proceedings by injunction or otherwise. The secretary of state is authorized to revoke the license of any corporation or association previously authorized by him to do business in Idaho.
History:
[49-2408, added 1988, ch. 265, sec. 474, p. 823.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2409 - CRIMINAL LIABILITY.

49-2409. CRIMINAL LIABILITY. Any person who shall violate any of the provisions of sections 49-2401 through 49-2406, Idaho Code, any person who is a party to any agreement or understanding, or to any contract prescribing any condition prohibited by law and any employee, agent or officer of any person who shall participate, in any manner, in making, executing, enforcing, performing or in urging, aiding, or abetting in the performance of such a contract, condition, agreement or understanding, and any person who shall pay or give or contract to pay or give any thing or service of value prohibited by law, and any person who shall receive or accept or contract to receive or accept any thing or service of value prohibited by law, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or be imprisoned for not less than six (6) months nor more than one (1) year, or by both such fine and imprisonment. Each day’s violation of this provision shall constitute a separate offense.
History:
[49-2409, added 1988, ch. 265, sec. 475, p. 823.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2410 - CERTAIN CONTRACTS VOID.

49-2410. CERTAIN CONTRACTS VOID. Any contract or agreement in violation of the provisions of sections 49-2401 through 49-2406, Idaho Code, shall be absolutely void and shall not be enforceable either in law or equity.
History:
[49-2410, added 1988, ch. 265, sec. 476, p. 824.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2411 - PROVISIONS CUMULATIVE.

49-2411. PROVISIONS CUMULATIVE. The provisions hereof shall be held cumulative of each other and of all other laws in any way affecting them now in force in this state.
History:
[49-2411, added 1988, ch. 265, sec. 477, p. 824.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2412 - PERSONS INJURED IN BUSINESS BY TRUST MAY SUE.

49-2412. PERSONS INJURED IN BUSINESS BY TRUST MAY SUE. In addition to the criminal and civil penalties provided, any person who shall be injured in his business or property by any other person by reason of anything forbidden or declared to be unlawful by the provisions of sections 49-2401 through 49-2406, Idaho Code, may sue therefor in any court having jurisdiction in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, without respect to the amount in controversy, and to recover twice the damages sustained, and the costs of the suit. Whenever it shall appear to the court before which proceedings may be pending, that the ends of justice require that other parties shall be brought before the court, the court may cause them to be made parties defendant and summoned, whether they reside in the county where the action is pending, or not.
History:
[49-2412, added 1988, ch. 265, sec. 478, p. 824.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2416 - OWNER LIABLE FOR NEGLIGENCE OF MINOR UNDER SIXTEEN.

49-2416. OWNER LIABLE FOR NEGLIGENCE OF MINOR UNDER SIXTEEN. Every owner of a motor vehicle causing or knowingly permitting a minor under the age of sixteen (16) years to drive the vehicle upon a highway, and any person who gives or furnishes a motor vehicle to a minor under the age of sixteen (16) years, shall be jointly and severally liable with the minor for any damage caused by the negligence of the minor in driving the vehicle.
History:
[49-2416, added 1988, ch. 265, sec. 480, p. 825; am. 1999, ch. 144, sec. 1, p. 415.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2420 - GRANT OF PRIVILEGE OF USING HIGHWAYS.

49-2420. GRANT OF PRIVILEGE OF USING HIGHWAYS. Subject to compliance with the motor vehicle laws of Idaho, nonresident owners, operators of, and persons riding in motor vehicles hereby are granted the privilege of using the highways of Idaho.
History:
[49-2420, added 1988, ch. 265, sec. 482, p. 826.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2421 - SERVICE OF PROCESS ON RESIDENT AND NONRESIDENT MOTOR VEHICLE OPERATORS.

49-2421. SERVICE OF PROCESS ON RESIDENT AND NONRESIDENT MOTOR VEHICLE OPERATORS. The operation by any person, either as principal, master, agent, servant or otherwise, of any motor vehicle, whether registered or unregistered, and with or without a license to operate, on any highway in this state, shall be deemed equivalent to an appointment by that person of the secretary of state to be his true and lawful attorney, upon whom may be served all lawful summons and processes in any action or proceeding against him, growing out of any accident or collision in which he, either as principal, master, agent, servant, or otherwise, may be involved while operating, causing or permitting the operation of a motor vehicle upon a highway. The operation shall be signification of an agreement by the person that any summons or process against him which is so served shall be of the same legal force and validity as if served on him personally within Idaho. Service of the processes shall be made by leaving a copy of the process, with a fee of five dollars ($5.00), in the hands of the secretary of state or in his office. The service shall be a sufficient and valid personal service upon that person; provided, notice of the service and a copy of the process is sent by registered mail by the plaintiff to the defendant, and the defendant’s return receipt and plaintiff’s affidavit of compliance are appended to the process and entered as a part of the return. Personal service outside of the state in accordance with the provisions of the laws of Idaho relating to personal service of summons outside of the state shall relieve a plaintiff from mailing copies of the summons or process by registered mail as provided in this section. Service of the process upon a defendant shall not be complete until it is either made by registered mail or by personal service outside of the state. The court in which the action is brought may order continuances as may be necessary to afford the defendant reasonable opportunity to defend the action.
History:
[49-2421, added 1988, ch. 265, sec. 483, p. 826.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2422 - SERVICE FEE TAXED AS COSTS.

49-2422. SERVICE FEE TAXED AS COSTS. The fee of five dollars ($5.00) paid by the plaintiff to the secretary of state and the service shall be taxed in his costs if he prevails in the action.
History:
[49-2422, added 1988, ch. 265, sec. 484, p. 827.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2423 - RECORD OF PROCESS KEPT BY SECRETARY OF STATE.

49-2423. RECORD OF PROCESS KEPT BY SECRETARY OF STATE. The secretary of state shall keep a record of all processes, which shall show the day and hour of service.
History:
[49-2423, added 1988, ch. 265, sec. 485, p. 827.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2426 - MARKING OF VEHICLES — CERTAIN VEHICLES EXCEPTED.

49-2426. MARKING OF VEHICLES — CERTAIN VEHICLES EXCEPTED. (1) Every motor vehicle owned by or under control and custody of the state of Idaho, except as provided in subsections (2) and (3) of this section, or in section 49-2427, Idaho Code, shall be indelibly and conspicuously lettered on each side, in plain letters not less than one and one-half (1 1/2) inches high, with the words "State of Idaho" or "Idaho" with the name of the proper department, as defined in section 67-2402, Idaho Code, in each case inserted following either of these words. The words shall be kept clear, distinct and visible at all times. The provisions of this section shall not be applicable to any motor vehicle in the personal service of the governor, except that upon the front doors of any motor vehicle in his personal service there shall be placed the Great Seal of the state of Idaho.
(2) Motor vehicles under the custody and control of the director of the Idaho state police and used for confidential investigative purposes when necessary to enforce the laws of this state or motor vehicles under the custody and control of the director of the department of health and welfare and used for official state business need not be marked as provided in subsection (1) of this section. Any other department, agency, or entity of the state shall apply in writing to the director for permission to use one (1) or more unmarked vehicles for confidential investigative purposes. Permission shall be granted only in writing and upon a finding of good cause.
(3) Motor vehicles under the custody and control of the director of the Idaho department of juvenile corrections, when used for official state business and to enforce laws of the juvenile corrections system, including investigation of juveniles under its purview, need not be marked as provided in subsection (1) of this section.
History:
[49-2426, added 1988, ch. 265, sec. 486, p. 827; am. 1996, ch. 240, sec. 1, p. 771; am. 2000, ch. 469, sec. 122, p. 1583; am. 2002, ch. 29, sec. 1, p. 36.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2427 - IDENTIFICATION OF STATE POLICE VEHICLES USED FOR HIGHWAY PATROL.

49-2427. IDENTIFICATION OF STATE POLICE VEHICLES USED FOR HIGHWAY PATROL. Every motor vehicle other than motorcycles, owned by the state of Idaho and used as a state police highway patrol vehicle shall be marked as provided by section 49-2426, Idaho Code, and shall in addition, be painted with a black body and shall be identified in one (1) of the following manners:
(1) By having a white stripe, at least six (6) inches in width, applied completely around the vehicle;
(2) By having a blue light mounted on the top of the vehicle which must be visible from any direction; or
(3) By having two (2) white stripes at least one and one-half (1 1/2) inches in width applied from the center point of the hood across the hood on each side and extending diagonally down to the bottom of the doors on each side of the vehicle. No other state agency, person, or local unit of government shall have any vehicle with a stripe or stripes from the center point of the hood across the hood on each side and extending diagonally down to the bottom of the doors on each side of the vehicles.
History:
[49-2427, added 1988, ch. 265, sec. 487, p. 828; am. 2009, ch. 85, sec. 1, p. 235.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2431 - RIDESHARING EXEMPT FROM MOTOR CARRIER LAWS.

49-2431. RIDESHARING EXEMPT FROM MOTOR CARRIER LAWS. The following laws and regulations shall not apply to any ridesharing arrangement using a motor vehicle with a seating capacity for not more than fifteen (15) persons, including the driver:
(1) Title 49, Idaho Code, pertaining to the regulation of motor carriers of any kind or description;
(2) Laws and regulations containing insurance requirements that are specifically applicable to motor carriers or commercial vehicles;
(3) Laws imposing a greater standard of care on motor carriers or commercial vehicles than that imposed on other drivers or owners of motor vehicles;
(4) Laws and regulations with equipment requirements and special accident reporting requirements that are specifically applicable to motor carriers or commercial vehicles; and
(5) Laws imposing a tax on fuel purchased in another state by a motor carrier or highway use fees on commercial buses.
History:
[49-2431, added 1988, ch. 265, sec. 488, p. 828; am. 1999, ch. 383, sec. 11, p. 1067.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2432 - RIDESHARING EXEMPT FROM WORKMEN’S COMPENSATION LAW.

49-2432. RIDESHARING EXEMPT FROM WORKMEN’S COMPENSATION LAW. Title 72, Idaho Code, providing compensation for workers injured during the course of their employment, shall not apply to a person injured while participating in a ridesharing arrangement between his place of residence and place of employment or termini near those places, provided that if the employer owns, leases or contracts for the motor vehicle used in the arrangement, the provisions of title 72, Idaho Code, shall apply.
History:
[49-2432, added 1988, ch. 265, sec. 489, p. 829.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2433 - NO LIABILITY OF EMPLOYER.

49-2433. NO LIABILITY OF EMPLOYER. (1) An employer shall not be liable for injuries to passengers and other persons resulting from the operation or use of a motor vehicle, not owned, leased or contracted for by the employer, in a ridesharing arrangement.
(2) An employer shall not be liable for injuries to passengers and other persons because he provides information, incentives or otherwise encourages his employees to participate in ridesharing arrangements.
History:
[49-2433, added 1988, ch. 265, sec. 490, p. 829.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2434 - INSURANCE AVAILABILITY — RATES — POLICY EXCLUSIONS.

49-2434. INSURANCE AVAILABILITY — RATES — POLICY EXCLUSIONS. (1) Insurers shall not increase any premium, cancel any policy, nor refuse to insure a vehicle solely because it is used in a ridesharing arrangement.
(2) Provisions in an insurance policy which deny coverage for any motor vehicle used for commercial purposes or as a public or livery conveyance shall not apply to a vehicle used in a ridesharing arrangement.
History:
[49-2434, added 1988, ch. 265, sec. 491, p. 829.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2435 - RIDESHARING ARRANGEMENTS ARE NONPROFIT.

49-2435. RIDESHARING ARRANGEMENTS ARE NONPROFIT. Ridesharing arrangements using a motor vehicle with a seating capacity for not more than fifteen (15) persons, including the driver, shall be deemed nonprofit even though the driver, owner or lessee receives compensation for operating and maintaining the vehicle and a reasonable amount of compensation for the driver’s services. No household shall operate more than one (1) vehicle with a capacity of seven (7) to fifteen (15) persons in a ridesharing arrangement at one (1) time.
History:
[49-2435, added 1988, ch. 265, sec. 492, p. 830.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2436 - SALES TAX NOT APPLICABLE.

49-2436. SALES TAX NOT APPLICABLE. Laws imposing a tax on the sale of goods and services shall not apply to money received by a driver as part of a ridesharing arrangement.
History:
[49-2436, added 1988, ch. 265, sec. 493, p. 830.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2437 - MUNICIPAL LICENSES — TAX.

49-2437. MUNICIPAL LICENSES — TAX. No county, city, or other municipal corporation may impose a tax on, or require a municipal license for a ridesharing arrangement.
History:
[49-2437, added 1988, ch. 265, sec. 494, p. 830.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2438 - OVERTIME COMPENSATION — MINIMUM WAGE LAWS.

49-2438. OVERTIME COMPENSATION — MINIMUM WAGE LAWS. The mere fact that an employee participates in any kind of ridesharing arrangement shall not result in the application of chapter 15, title 44, Idaho Code, laws requiring payment of a minimum wage, overtime pay or otherwise regulating the hours a person may work.
History:
[49-2438, added 1988, ch. 265, sec. 495, p. 830.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2439 - USE OF PUBLIC MOTOR VEHICLES.

49-2439. USE OF PUBLIC MOTOR VEHICLES. Motor vehicles owned or operated by any state or local agency may be used in ridesharing arrangements. Participants in any such ridesharing arrangement shall pay the actual total costs of using the vehicle in that arrangement.
History:
[49-2439, added 1988, ch. 265, sec. 496, p. 830.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2442 - IDENTIFICATION CARDS AUTHORIZED.

49-2442. IDENTIFICATION CARDS AUTHORIZED. Any Idaho resident may apply to an authorized agent of the department for an identification card. It is prima facie evidence of age when the authorized holder of an identification card exhibits a card that contains information indicating that the person has attained a certain age.
History:
[49-2442, added 1988, ch. 265, sec. 497, p. 831; am. 1990, ch. 45, sec. 38, p. 108; am. 2020, ch. 38, sec. 3, p. 84.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2443 - APPLICATION.

49-2443. APPLICATION. Application for an identification card must be made in person before an authorized agent of the department. The authorized agent shall obtain the following from the applicant:
(1) The true and full name and Idaho residence address and mailing address, if different, of the applicant;
(2) The identity and date of birth of the applicant as set forth in a certified copy of his birth certificate and, subject to subsection (6) of this section, other satisfactory evidence of identity acceptable to the authorized agent or the department;
(3) The height and weight of the applicant;
(4) The color of eyes and hair of the applicant;
(5) The applicant’s signature; and
(6) The applicant’s social security number as verified by the social security administration.
(a) The requirement that an applicant provide a social security number as verified by the social security administration shall apply only to applicants who have been assigned a social security number.
(b) An applicant who has not been assigned a social security number shall:
(i) Present written verification from the social security administration that the applicant has not been assigned a social security number; and
(ii) Submit a birth certificate, passport or other documentary evidence issued by an entity other than a state or the United States; and
(iii) Submit such proof as the department may require that the applicant is lawfully present in the United States.
History:
[49-2443, added 1988, ch. 265, sec. 498, p. 831; am. 1989, ch. 88, sec. 57, p. 197; am. 1990, ch. 45, sec. 39, p. 108; am. 1992, ch. 115, sec. 36, p. 378; am. 1992, ch. 118, sec. 2, p. 393; am. 1993, ch. 304, sec. 2, p. 1128; am. 1997, ch. 237, sec. 1, p. 688; am. 1998, ch. 110, sec. 31, p. 413; am. 1998, ch. 248, sec. 3, p. 813; am. 1999, ch. 319, sec. 2, p. 814; am. 2008, ch. 63, sec. 4, p. 163; am. 2020, ch. 38, sec. 4, p. 84.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2445 - LOST, STOLEN OR MUTILATED CARDS.

49-2445. LOST, STOLEN OR MUTILATED CARDS. Application for a duplicate identification card shall be made in the same manner as required in section 49-2443, Idaho Code, and the fee for a duplicate shall be the same as provided for the original card.
History:
[49-2445, added 1988, ch. 265, sec. 500, p. 831.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2446 - FRAUDULENT MISREPRESENTATION.

49-2446. FRAUDULENT MISREPRESENTATION. It is unlawful for any person to fraudulently misrepresent his age to any dispenser of intoxicating or alcoholic beverages or to falsely procure an identification card, or to alter any of the statements contained in the identification card, or to manufacture, produce, sell, offer for sale, or transfer to another person any document purporting to be a certificate of birth or identification card.
In addition to the misdemeanor penalties that may be imposed for violation of the provisions of this section, the court upon conviction may enter an order directing the department to suspend the driver’s license, a permit to drive, or any nonresident’s driving privileges for a period of ninety (90) days. A conviction under this section shall not be used as a factor or considered in any manner for the purpose of establishing rates of motor vehicle insurance charged by a casualty insurer, nor shall such conviction be grounds for nonrenewal of any insurance policy as provided in section 41-2507, Idaho Code.
History:
[49-2446, added 1988, ch. 265, sec. 501, p. 831; am. 1989, ch. 342, sec. 2, p. 866, am. 1990, ch. 45, sec. 41, p. 109.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 24 - MISCELLANEOUS › Section 49-2447 - ORGAN DONATION CONTRIBUTION FUND.

49-2447. ORGAN DONATION CONTRIBUTION FUND. (1) There is hereby created in the state treasury the organ donation contribution fund, the moneys of which shall be continuously appropriated.
(2) The Idaho transportation department through the division of motor vehicles shall:
(a) Administer the moneys deposited in the organ donation contribution fund;
(b) Distribute moneys in accordance with subsection (5) of this section;
(c) Make an annual report to the house of representatives and senate health and welfare committees on revenue collected for the fund and contributions made to the fund; and
(d) Promulgate rules for the distribution of moneys from the fund that are consistent with the purposes of this section.
(3) The organ donation contribution fund shall consist of:
(a) Private contributions;
(b) Donations or grants from public or private entities;
(c) Voluntary donations collected under sections 49-306(2) and 49-402(7), Idaho Code; and
(d) Any other moneys approved for the fund by law.
(4) Idle moneys in the fund shall be invested by the treasurer per section 67-1210, Idaho Code, and moneys earned from such investment shall be credited to the fund.
(5) The moneys in the organ donation contribution fund shall be distributed to intermountain donor services located in Salt Lake City, Utah, and shall be used to assist in maintaining and operating a statewide organ donation registry and provide organ donor awareness education in Idaho.
History:
[49-2447, added 2013, ch. 354, sec. 1, p. 962.]