reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 11 - AIR CARRIER ACT › Section 61-1102 - DEFINITIONS — EXCLUSIONS.

61-1102. DEFINITIONS — EXCLUSIONS. a. The term "person" when used in this act means any individual, firm, copartnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof.
b. The term "certificate" means a certificate of public convenience and necessity issued under this act to any air carrier.
c. The term "air carrier" means any person owning, controlling or operating aircraft as a common carrier of passengers for compensation on a scheduled basis between any two (2) intermediate or terminal points within the state of Idaho; provided, however, that this definition shall not be construed to prevent the carriage of passengers or property for hire by an air carrier operating in interstate commerce under certification by the civil aeronautics board.
d. The term "common air carrier" means any person which holds itself out to the general public to engage in the transportation by aircraft in commerce of passengers or property for compensation.
e. The term "aircraft" shall mean any machine heavier than air supported for flight by dynamic action of air upon its surfaces, and which is used for the transportation of persons or property in the air.
f. The term "commission" means the Idaho Public Utilities Commission.
g. The term "transportation" to which this act applies includes all aircraft operated by, for, or in the interest of any air carrier irrespective of ownership or contract, express or implied, together with all services, facilities and property furnished, operated or controlled by any such air carrier or carriers and used in the transportation of passengers and/or property in commerce in the state of Idaho.
h. Nothing in this act shall be construed to cover or include aircraft or transportation used solely in connection with:
1. The transportation or handling of United States mail;
2. Interstate or foreign commerce;
3. Instruction;
4. Charter service on a nonscheduled basis;
5. Aerial application of agricultural chemicals;
6. Air passenger carrier certificated by the civil aeronautics board in interstate commerce; or,
7. The transportation of persons or property on a contractual basis for federal, state, or local governments.
i. The term "director" means the director of the Idaho transportation department.
History:
[61-1102, added 1969, ch. 197, sec. 2, p. 574; am. 1974, ch. 12, sec. 115, p. 61.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 11 - AIR CARRIER ACT › Section 61-1104 - CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY REQUIRED — PUBLIC UTILITY COMMISSION.

61-1104. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY REQUIRED — PUBLIC UTILITY COMMISSION. It shall be unlawful for any air carrier, as the term is defined in this act, to operate any aircraft in transportation without having first obtained from the commission a certificate of public convenience and necessity covering such operation.
A certificate may be issued to a qualified applicant authorizing the whole or any part of his operations covered by the application made to the commission in accordance with the provisions of this act, if it is found that the applicant is fit, willing and able properly to perform the service proposed and to conform to the provisions of this act and the requirements, rules and regulations of the commission thereunder, and that the proposed service, to the extent authorized by the certificate is, or will be, required by the present or future public convenience and necessity.
In considering the public convenience and necessity, the commission shall in consultation with the director of the Idaho transportation department, prior to the issuance of a certificate, consider the effect of such proposed air carrier operation upon the operations of any authorized air carrier then operating over the routes or in the territory sought. The mere existence of an air carrier in the territory sought who possesses authority similar to that sought by the applicant shall not be sufficient cause to deny the issuance of the certificate.
In awarding certificates of public convenience and necessity, the commission shall take into consideration the business experience of the particular air carrier in the field of air operations, the financial stability of the carrier, the insurance coverage of the carrier, type of aircraft which the carrier would employ, proposed routes and minimum schedules to be established, whether the carrier could economically give adequate service to the communities involved, the necessity for the service, and any other factors which may affect the public interest.
History:
[61-1104, added 1969, ch. 197, sec. 4, p. 574; am. 1974, ch. 12, sec. 116, p. 61; am. 1974, ch. 236, sec. 1, p. 1599.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 11 - AIR CARRIER ACT › Section 61-1105 - APPLICATION — FORM AND PROOF.

61-1105. APPLICATION — FORM AND PROOF. An applicant shall submit his written verified application to the commission, and a duplicate application to the director. The application shall be in such form and contain such information and be accompanied by proof of service upon all air carriers with which the proposed service is likely to compete and such other interested parties as the commission requires.
History:
[61-1105, added 1969, ch. 197, sec. 5, p. 574; am. 1974, ch. 12, sec. 117, p. 61.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 11 - AIR CARRIER ACT › Section 61-1106 - FEE.

61-1106. FEE. Each application for a certificate of public convenience and necessity made under the provisions of this act shall be accompanied by a fee of one hundred fifty dollars ($150).
History:
[61-1106, added 1969, ch. 197, sec. 6, p. 574.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 11 - AIR CARRIER ACT › Section 61-1107 - GRANTING AND DENYING CERTIFICATES — HEARING.

61-1107. GRANTING AND DENYING CERTIFICATES — HEARING. The commission may, after consultation with the director, and with or without hearing, issue a temporary or permanent certificate, except that a certificate may not be issued without a hearing over the formal objection of a person or party in possession with standing to object. The commission, after consultation with the director, may deny the application for a temporary or permanent certificate in whole or part, with or without hearing, except that such denial may not be ordered without a hearing over the formal objection of the applicant. The commission, after consultation with the director, may attach to the exercise of the rights granted by the certificate such terms and conditions as, in its judgment, the public convenience and necessity requires.
History:
[61-1107, added 1969, ch. 197, sec. 7, p. 574; am. 1974, ch. 12, sec. 118, p. 61.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 11 - AIR CARRIER ACT › Section 61-1108 - REVOCATION AND SUSPENSION — NOTICE AND HEARING.

61-1108. REVOCATION AND SUSPENSION — NOTICE AND HEARING. The rights conferred by a certificate issued pursuant to this act may not be revoked or suspended without a finding by the commission after consultation with the director, and through notice and hearing, that the holder has abandoned such rights, or is no longer fit, willing or able to perform all or part of the certificated services, or to conform to the law and to the rules and regulations of the commission.
History:
[61-1108, added 1969, ch. 197, sec. 8, p. 574; am. 1974, ch. 12, sec. 119, p. 61.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 11 - AIR CARRIER ACT › Section 61-1109 - UNLAWFUL PRACTICE — CONSOLIDATION AND MERGER.

61-1109. UNLAWFUL PRACTICE — CONSOLIDATION AND MERGER. It shall be unlawful, unless authorized by order of the commission as provided in this act:
a. For two (2) or more air carriers, or for any air carrier and any other common carrier, to consolidate or merge their properties, or any part thereof, into one (1) person for the ownership, management or operation of the properties theretofore in separate ownerships.
b. For any air carrier, or any person controlling an air carrier or any other common carrier, to purchase, lease or contract to operate the properties, or any substantial part thereof, of any air carrier.
c. For any air carrier, or any person controlling an air carrier or any other common carrier, to acquire control of any air carrier in any manner whatsoever.
History:
[61-1109, added 1969, ch. 197, sec. 9, p. 574.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 11 - AIR CARRIER ACT › Section 61-1110 - CONSOLIDATION, MERGER, PURCHASE, LEASE, OPERATING CONTRACT, ACQUISITION — REQUIREMENTS.

61-1110. CONSOLIDATION, MERGER, PURCHASE, LEASE, OPERATING CONTRACT, ACQUISITION — REQUIREMENTS. Any person seeking authorization for a consolidation, merger, purchase, lease, operating contract or acquisition of control shall file an application with the commission and a duplicate with the director, and thereupon the commission shall notify all persons known to have a substantial interest in the proceedings of the time and place of the public hearing. The commission, after consultation with the director, shall by order authorize such consolidation, merger, purchase, lease, operating contract or acquisition of control upon such terms and conditions as it shall find to be just and reasonable, after hearing, if the consolidation, merger, purchase, lease, operating contract or acquisition of control is in the public interest. The commission shall not authorize, however, any consolidation, merger, purchase, lease, operating contract or acquisition of control which would result in creating a monopoly or monopolies and thereby restrain competition, or jeopardize another air carrier not a party to the consolidation, merger, purchase, lease, operating contract, or acquisition of control. In any case in which the commission, after consultation with the director, determines that the transaction which is the subject of the application does not affect the control of an air carrier, does not result in creating a monopoly or monopolies, and does not tend to restrain competition, and determines that no person disclosing a substantial interest is currently requesting a hearing, the commission, after notice of its intention to dispose of such application without a hearing, may determine that the public interest does not require a hearing and may by order authorize or not authorize such transaction.
History:
[61-1110, added 1969, ch. 197, sec. 10, p. 574; am. 1974, ch. 12, sec. 120, p. 61.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 11 - AIR CARRIER ACT › Section 61-1111 - UNAUTHORIZED CONTROLLING INTEREST.

61-1111. UNAUTHORIZED CONTROLLING INTEREST. It is unlawful, unless such relationship has been authorized by order of the commission:
a. For any air carrier to have and retain an officer or director who is an officer, director, or member, or who as a stockholder holds a controlling interest, in any other common carrier.
b. For any air carrier, knowingly and willingly, to have and retain an officer or director who has a representative or nominee who represents such officer, director or member as an officer, director, or member as a stockholder holding a controlling interest, in any other common carrier.
c. For any person who is an officer or director of an air carrier to hold the position of officer, director or member, or to have a stockholder holding a controlling interest, or to have a representative or nominee who represents such a person as an officer, director, or member, or as a stockholder holding a controlling interest in any common carrier.
History:
[61-1111, added 1969, ch. 197, sec. 11, p. 574.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 11 - AIR CARRIER ACT › Section 61-1112 - COMBINING CERTIFICATES.

61-1112. COMBINING CERTIFICATES. Without the express authorization of the commission after consultation with the director, and after a hearing, no certificate of public convenience or necessity issued to one (1) air carrier under the provisions of this act shall be combined, united, or consolidated with another such certificate issued to or possessed by another such carrier, so as to permit through service between any point or points served by the one (1) carrier on the one hand, and the point or points served by another such carrier, on the other hand.
History:
[61-1112, added 1969, ch. 197, sec. 12, p. 574; am. 1974, ch. 12, sec. 121, p. 61.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 11 - AIR CARRIER ACT › Section 61-1113 - OPERATING RIGHTS.

61-1113. OPERATING RIGHTS. Unless prohibited by the terms and conditions of any certificate that may be involved, any one (1) air carrier may establish through routes and joint rates, charges, and classifications between any and all points served by it under any and all certificates or operating rights issued to or possessed by it.
History:
[61-1113, added 1969, ch. 197, sec. 13, p. 574.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 11 - AIR CARRIER ACT › Section 61-1114 - CEASE AND DESIST — ENFORCEMENT.

61-1114. CEASE AND DESIST — ENFORCEMENT. When the commission, upon complaint or its own motion, has reason to believe that any aircraft is being operated without a certificate of public convenience and necessity as required by this act, or that this act is being violated, or that an air carrier is engaged in any other illegal activity, the commission shall investigate such activity and may, after consultation with the director, and after a hearing, make its order requiring the owner or operator of the aircraft to cease and desist from any such unlawful activity. The commission shall enforce compliance with such order under the powers vested in the commission by law, including, but not limited to, the provisions of chapter 7, title 61, Idaho Code.
History:
[61-1114, added 1969, ch. 197, sec. 14, p. 574; am. 1970, ch. 6, sec. 1, p. 10; am. 1974, ch. 12, sec. 122, p. 61.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 11 - AIR CARRIER ACT › Section 61-1115 - INSURANCE REQUIREMENT.

61-1115. INSURANCE REQUIREMENT. The commission shall require all air carriers to procure and maintain a minimum amount of insurance in such amounts as the commission may determine. The commission may, upon its own motion or upon application of any interested party, and after a hearing, require any air carrier to procure and maintain additional insurance in such amounts and upon such terms as the commission may determine; provided, however, that such additional insurance required by the commission is available.
History:
[61-1115, added 1969, ch. 197, sec. 15, p. 574.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 11 - AIR CARRIER ACT › Section 61-1116 - COMMISSION’S POWER TO FIX RATES AND PRESCRIBE RULES.

61-1116. COMMISSION’S POWER TO FIX RATES AND PRESCRIBE RULES. The commission is hereby vested with the power and authority, and it is hereby made its duty, after consultation with the director, to fix just, fair, reasonable and sufficient rates, fares and charges and classifications, and to alter and amend the same, and to prescribe such rules and regulations for air carriers as may be necessary to provide for adequate service and safety of operations, and to require the filing of such reports and other data with the commission as may be necessary, and to adopt such other rules and regulations as may be necessary to govern the relationship between such air carriers and the traveling and shipping public. Such rules and regulations shall be adopted and promulgated by general order of the commission.
History:
[61-1116, added 1969, ch. 197, sec. 16, p. 574; am. 1974, ch. 12, sec. 123, p. 61.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 11 - AIR CARRIER ACT › Section 61-1117 - FEDERAL REGULATION AND CONTROL.

61-1117. FEDERAL REGULATION AND CONTROL. This act recognizes the authority of the federal government to regulate and control safety factors in the operation of aircraft and the use of air space.
History:
[61-1117, added 1969, ch. 197, sec. 17, p. 574.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 11 - AIR CARRIER ACT › Section 61-1118 - ADMINISTRATIVE FEES.

61-1118. ADMINISTRATIVE FEES. The commission shall charge and collect the following fees and none other, in the administration of this act:
Applications for a certificate shall be accompanied by an application
fee of
Application for transfer of a certificate
Application for the assignment of a certificate
Application for the issuance of a duplicate certificate
Application for certificate reinstatement
Application for certificate suspension
Annual registration of certificate authority
Application for a temporary certificate
The fees as provided above shall be paid to the state treasurer and shall be credited to the public utilities commission fund.
History:
[61-1118, added 1969, ch. 197, sec. 18, p. 574; am. 1999, ch. 383, sec. 18, p. 1069.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 11 - AIR CARRIER ACT › Section 61-1119 - ISSUANCE OF SECURITIES.

61-1119. ISSUANCE OF SECURITIES. The provisions of chapter 9, title 61, Idaho Code, shall be applicable to regulation under this act.
History:
[61-1119, added 1969, ch. 197, sec. 19, p. 574.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 12 - PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL › Section 61-1201 - AGREEMENT FOR STATE PARTICIPATION IN THE PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL.

61-1201. AGREEMENT FOR STATE PARTICIPATION IN THE PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL. The state of Idaho agrees to participate in the formation of the "Pacific Northwest Electric Power and Conservation Planning Council," created pursuant to the pacific northwest electric power planning and conservation act. Nothing in this agreement shall be construed to alter, diminish or abridge the rights of the state of Idaho and its citizens with respect to any water or water related right and those relating to the regulation of the energy industry.
History:
[61-1201, added 1981, ch. 351, sec. 1, p. 725.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 12 - PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL › Section 61-1202 - CREATION — QUALIFICATIONS OF COUNCIL MEMBERS.

61-1202. CREATION — QUALIFICATIONS OF COUNCIL MEMBERS. There is hereby created in the office of the governor, a state office to be known and designated as "Pacific Northwest Electric Power and Conservation Planning Council Member," as provided in the pacific northwest electric power planning and conservation act. The governor, with the advice and consent of the senate, shall appoint two (2) persons to the council to undertake the functions and duties of members of the council as specified in that act and appropriate state law. Council members may not hold another public office during their term as council members. They must be qualified electors of the state. Council members shall be appointed on the basis of their experience and education in matters pertaining to the economic, legal, social and political aspects of energy production and distribution, fish and wildlife propagation and protection, and the use, distribution, and protection of state water.
History:
[61-1202, added 1981, ch. 351, sec. 1, p. 725.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 12 - PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL › Section 61-1203 - TERM OF OFFICE OF COUNCIL MEMBERS — FILLING OF VACANCIES.

61-1203. TERM OF OFFICE OF COUNCIL MEMBERS — FILLING OF VACANCIES. (1) Unless removed at the governor’s pleasure, each member appointed to the council shall serve for a term of three (3) years, except that, with respect to members initially appointed, the governor shall designate one (1) member to serve a term of two (2) years and one (1) member to serve a term of three (3) years. Absent removal by the governor, terms shall commence and end on January 15.
(2) Initial appointments to the council shall be made within thirty (30) days of the effective date of this chapter. A vacancy on the council shall be filled for the unexpired term by the governor, with the advice and consent of the senate. If such appointment is made during the recess of the legislature, it shall be subject to confirmation during its next ensuing session.
(3) Each member shall serve until a successor is appointed and qualified.
History:
[61-1203, added 1981, ch. 351, sec. 1, p. 725.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 12 - PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL › Section 61-1204 - SALARIES AND EXPENSES OF COUNCIL MEMBERS.

61-1204. SALARIES AND EXPENSES OF COUNCIL MEMBERS. The annual salary of each council member shall be set by the governor. All expenses incurred by a council member pursuant to the provisions of this chapter, including the actual and necessary traveling and other expenses and disbursements incurred while on business of the council, shall be paid from the funds appropriated for the use of the council as provided by federal law. Salary and expense monies shall be paid from federal appropriations as provided for in the pacific northwest electric power planning and conservation act.
History:
[61-1204, added 1981, ch. 351, sec. 1, p. 725.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 12 - PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL › Section 61-1205 - OFFICE — TECHNICAL ASSISTANCE.

61-1205. OFFICE — TECHNICAL ASSISTANCE. (1) The office of the council members shall be in Ada county. The department of administration shall furnish suitable office space for council members and staff and the department shall be reimbursed for such office space at the rates applicable to state agencies.
(2) Subject to available resources, state agencies may provide technical assistance to council members upon request. State agencies providing technical assistance shall be reimbursed in full for all costs incurred in providing such assistance.
History:
[61-1205, added 1981, ch. 351, sec. 1, p. 726; am. 2001, ch. 183, sec. 27, p. 637.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 12 - PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL › Section 61-1206 - ANNUAL REPORTS.

61-1206. ANNUAL REPORTS. The members of the council shall make and submit on or before the 1st day of January of each year a report to the governor and the legislature that describes the activities of the council. The report shall describe the potential effects the council’s activities will have on economic, environmental, natural resource, energy and water concerns of the state.
History:
[61-1206, added 1981, ch. 351, sec. 1, p. 726.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 12 - PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL › Section 61-1207 - LEGISLATIVE INTENT.

61-1207. LEGISLATIVE INTENT. The legislature may, by concurrent resolution, direct to the Idaho council members a statement reflecting legislative intent and concern relative to any actions or activities undertaken or sought to be undertaken by the council.
History:
[61-1207, added 1981, ch. 351, sec. 1, p. 726.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 13 - TELECOMMUNICATIONS RELAY SERVICES › Section 61-1301 - LEGISLATIVE FINDINGS AND INTENT.

61-1301. LEGISLATIVE FINDINGS AND INTENT. Title IV of the Americans with disabilities act, public law 101-336, requires that on or before July 26, 1993, telephone corporations providing interstate or intrastate telephone services provide telecommunications relay services (TRS) for individuals who are deaf, hard of hearing, or speech-impaired that will allow them to engage in telephone communication in a manner functionally equivalent to that of individuals without hearing loss or speech impairments. The legislature finds that it is in the public interest to provide for the appointment of a TRS administrator who can coordinate TRS services and assist the state in applying for certification of the state TRS program by the federal deadline of October 1, 1992. This certification, if approved by the federal communications commission, will allow every telephone corporation providing intrastate service in Idaho to meet its obligations under federal law by participating in the state telecommunications relay services program.
History:
[61-1301, added 1992, ch. 148, sec. 1, p. 443; am. 2020, ch. 12, sec. 5, p. 25.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 13 - TELECOMMUNICATIONS RELAY SERVICES › Section 61-1302 - DEFINITIONS.

61-1302. DEFINITIONS. In this chapter:
(1) "Administrator" means the person with whom the Idaho public utilities commission contracts to administer the program for delivery of telecommunications relay services.
(2) "Commission" means the Idaho public utilities commission.
(3) "Communications-impaired" means individuals who are deaf, hard of hearing, or speech-impaired as defined in title IV, section 401, Americans with disabilities act of 1990, public law 101-336, 104 stat. 327, 336-69 (47 U.S.C. section 225) or regulations promulgated pursuant thereto.
(4) "Local exchange company" means a telephone corporation that provides access lines to residential and business customers with the associated transmission of two (2) way interactive switched voice communication within a geographic area where basic local exchange rates rather than message telecommunications service rates apply.
(5) "Message telecommunications service" shall have the meaning prescribed in section 62-603(8), Idaho Code.
(6) "Program" means the effort directed by the administrator pursuant to this chapter to establish and operate an Idaho system to provide telecommunications relay services.
(7) "Telephone corporation" shall have the meaning prescribed in section 62-603(14), Idaho Code.
(8) "Telecommunications relay services" (TRS) means services through which a communications-impaired person, using specialized telecommunications equipment, may send and receive messages to and from a noncommunications-impaired person whose telephone is not equipped with specialized telecommunications equipment and through which a noncommunications-impaired person may, by using voice communication, send and receive messages to and from a communications-impaired person.
History:
[61-1302, added 1992, ch. 148, sec. 1, p. 443; am. 2020, ch. 12, sec. 6, p. 26.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 13 - TELECOMMUNICATIONS RELAY SERVICES › Section 61-1304 - TELECOMMUNICATIONS RELAY SERVICES FUND.

61-1304. TELECOMMUNICATIONS RELAY SERVICES FUND. (1) The administrator shall establish a fund for the provision of relay services under this chapter, not including customer premises equipment, to be known and designated as the Idaho telecommunications relay services fund, in such depository and under such regulations as shall be established by the commission, to which shall be credited:
(a) All monetary contributions, gifts and grants received by the administrator;
(b) All charges billed and collected pursuant to section 61-1305, Idaho Code.
(2) No funds derived from charges billed and collected pursuant to section 61-1305, Idaho Code, shall be used for the acquisition of end user text telephones.
(3) All moneys deposited in the telecommunications relay fund shall be expended for the purpose of defraying the expenses, debts and costs incurred in carrying out the provisions of this chapter, and for defraying administrative expenses of the administrator, including necessary expenses for consultants to the administrator, expenses for travel, supplies and equipment and other expenses of the administrator necessary for the implementation of the provisions of this chapter. All moneys credited to the telecommunications relay services fund may be expended by the administrator at such times and in such manner as may be authorized by the commission.
History:
[61-1304, added 1992, ch. 148, sec. 1, p. 445.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 13 - TELECOMMUNICATIONS RELAY SERVICES › Section 61-1305 - PARTICIPATION IN PROGRAM.

61-1305. PARTICIPATION IN PROGRAM. (1) All telephone corporations providing basic local exchange service within the state of Idaho and all telephone corporations providing intrastate message telecommunications service within the state of Idaho, including those otherwise exempt from the jurisdiction of the commission pursuant to section 61-104, Idaho Code, and those providing local exchange services or message telecommunications services pursuant to the telecommunications act of 1988, chapter 6, title 62, Idaho Code, shall except as provided in subsection (2) of this section, provide TRS in accordance with the program established by the commission, and shall pay into the telecommunications relay services fund such sums as may represent the telephone corporation’s share of the cost of the program, based upon an allocation methodology duly adopted by the commission in accordance with its rulemaking procedures.
(2) The commission shall permit a telephone corporation to provide telecommunications relay services to its customers by a TRS provider other than the provider approved by the commission and shall waive the telephone corporation’s obligation to participate in the program if the commission finds, upon application by a telephone corporation, that the following facts exist:
(a) The telephone corporation will continue to meet its obligation to its Idaho customers in accordance with the standards set forth in the Americans with disabilities act; and
(b) The nonparticipation of such telephone corporation will not substantially impair the operation or provision of TRS pursuant to the program adopted by the commission.
(3) Each telephone corporation subject in whole or in part to the commission’s ratemaking authority may apply to the commission for authority to increase its rates and charges in an amount not to exceed its payments to the telecommunications relay services fund pursuant to this chapter or the costs it incurs in providing TRS through an alternative TRS provider as authorized by the commission pursuant to subsection (2) of this section. Such applications shall plainly state the amount of the proposed increase, its manner of calculation, and the proposed recovery method, but shall not require a full cost-of-service filing or general ratemaking presentation. The commission shall promptly consider and act upon such applications.
History:
[61-1305, added 1992, ch. 148, sec. 1, p. 446.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 13 - TELECOMMUNICATIONS RELAY SERVICES › Section 61-1306 - POWERS AND DUTIES OF THE COMMISSION.

61-1306. POWERS AND DUTIES OF THE COMMISSION. The commission shall promulgate such rules, policies and procedures as may be necessary to govern administration of the program and ensure that the program is in compliance with any applicable federal laws or regulations including, but not limited to, regulations providing for:
(1) An advisory committee of the telephone industry to assist the administrator;
(2) Consultation by the administrator with the Idaho state council for the deaf and hard of hearing;
(3) Periodic recontracting with and auditing of the administrator and TRS provider;
(4) Timetables for the administrator’s duties that will require the administrator to meet the deadline of October 1, 1992, for applying for certification of the state TRS program;
(5) Formulas apportioning the costs of the administrator and TRS provider among the telephone corporations that will share those costs pursuant to section 61-1305, Idaho Code;
(6) Consideration by the commission of customer complaints from TRS users; and
(7) Any other matters deemed necessary for the implementation of TRS in Idaho.
History:
[61-1306, added 1992, ch. 148, sec. 1, p. 446.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 15 - ENERGY COST RECOVERY BONDS › Section 61-1501 - LEGISLATIVE INTENT.

61-1501. LEGISLATIVE INTENT. It is the intent of the legislature in enacting this chapter to provide a process by which the recovery of large energy rate increases caused by fuel or power cost adjustments, purchased gas adjustment tracker rates, commodity tracker rate adjustments or purchased power tracker rates will be facilitated by the issuance of bonds. This legislation will provide electric and gas utilities with a mechanism for recovery of their increased costs while leveling the rate impact of such increase on the utilities’ customers. The legislature believes that this type of securities legislation is in the public interest but should not be considered as an endorsement of, or intended to provide, a mechanism for restructuring of the utility industry in the state of Idaho.
History:
[61-1501, added 2001, ch. 380, sec. 1, p. 1326.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 15 - ENERGY COST RECOVERY BONDS › Section 61-1506 - TRANSFERS IN INTEREST.

61-1506. TRANSFERS IN INTEREST. (1) A transfer of energy cost property by a public utility to an assignee, or by an assignee to another assignee, that the parties have in the governing documentation expressly stated to be a sale or other absolute transfer, in a transaction approved in an energy cost financing order, shall be treated as an absolute transfer of all of the transferor’s right, title and interest, as in a true sale, and not as a pledge or other financing, of the energy cost property in each case notwithstanding any contrary treatment for federal and state income and franchise taxes, accounting or other purposes.
(2) A transfer of energy cost property shall be deemed perfected as against third persons and shall vest title in the transferee when both of the following have taken place:
(a) The commission has issued the energy cost financing order authorizing the energy cost bond charges included in the energy cost property.
(b) An assignment of the energy cost property in writing has been executed and delivered to the transferee.
(3) As between bona fide assignees of the same right for value without notice, the assignee first filing a financing statement in accordance with chapter 9, naming the assignor of the energy cost property as debtor and identifying the energy cost property has priority. Any description of the energy cost property shall be sufficient if it refers to the energy cost financing order creating the energy cost property. A copy of the financing statement shall be filed by the assignee with the commission, and the commission may require the assignor or the assignee to make other filings with respect to the transfer in accordance with procedures it may establish, but these filings shall not affect the perfection of the transfer.
(4) The interest of an assignee or pledgee in energy cost property and in the revenues and collections arising from such property are not subject to set-off, counterclaim, surcharge or defense by the public utility or any other person or in connection with the bankruptcy of the public utility or any other person.
History:
[61-1506, added 2001, ch. 380, sec. 1, p. 1335.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 15 - ENERGY COST RECOVERY BONDS › Section 61-1507 - SUCCESSORS.

61-1507. SUCCESSORS. Any successor to the public utility, whether pursuant to any bankruptcy, reorganization or other insolvency proceeding, or pursuant to any merger, sale or transfer, by operation of law or otherwise, shall perform and satisfy all obligations of the public utility pursuant to this chapter in the same manner and to the same extent as was required of the public utility before such proceeding or merger, sale or transfer including, but not limited to, billing, collecting and paying to the energy cost recovery bondholders or their representatives or the applicable financing entity energy cost recovery charges and any other revenues arising with respect to the energy cost property sold to the applicable financing entity or pledged to secure energy cost recovery bonds and seeking energy cost bond charge adjustments, as necessary and permitted by the pertinent energy cost financing order, to recover all energy cost amounts designated in such energy cost financing order.
History:
[61-1507, added 2001, ch. 380, sec. 1, p. 1335.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 15 - ENERGY COST RECOVERY BONDS › Section 61-1508 - SEVERABILITY.

61-1508. SEVERABILITY. If any provision of this chapter is held to be invalid or is invalidated, superseded, replaced or repealed, or expires for any reason, that occurrence does not affect the validity or continuation of this chapter or any other provision of this title that is relevant to the issuance, administration, payment, retirement or refunding of energy cost recovery bonds or to any actions of the public utility, its successors, an assignee or other issuer or a collection agent, which shall remain in full force and effect.
History:
[61-1508, added 2001, ch. 380, sec. 1, p. 1335.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 16 - UTILITY COST REDUCTION BONDS › Section 61-1601 - LEGISLATIVE INTENT.

61-1601. LEGISLATIVE INTENT. It is the intent of the legislature in enacting this chapter to authorize the public utilities commission to approve certain cost reduction charges or rates as a method of financing or refinancing costs incurred or to be incurred by electric and gas utilities that will accrue benefits to Idaho consumers through reduced utility rates. The legislature believes that this type of securities legislation is in the public interest but should not be considered as endorsement of, or intended to provide, a mechanism for restructuring of the utility industry in the state of Idaho.
History:
[61-1601, added 2005, ch. 372, sec. 1, p. 1186.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 16 - UTILITY COST REDUCTION BONDS › Section 61-1604 - LIMITATION ON AGGREGATE AMOUNT OF COST REDUCTION FINANCING.

61-1604. LIMITATION ON AGGREGATE AMOUNT OF COST REDUCTION FINANCING. The amount of approved costs in a cost reduction order, either individually or in the aggregate with previously approved costs included in cost reduction orders that remain outstanding, may not exceed an amount equal to forty percent (40%) of the public utility’s total capitalization, including both debt and equity, as of the end of the fiscal year of such public utility preceding the application for such cost reduction order.
History:
[61-1604, added 2005, ch. 372, sec. 1, p. 1189.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 16 - UTILITY COST REDUCTION BONDS › Section 61-1605 - COST REDUCTION RATE.

61-1605. COST REDUCTION RATE. (1) Each cost reduction order shall specify a procedure for making adjustments to the cost reduction rate that is the subject of the order.
(2) Upon application by a public utility the commission may:
(a) Authorize the making of adjustments to the cost reduction rate at more frequent intervals than those specified in such order; and/or
(b) Authorize a change in the method for calculating the cost reduction rate from that specified in such order so as to better ensure the timely and complete recovery of all approved costs.
(3) The cost reduction rate shall be treated as a charge for utility services for purposes of determining both the credit and collection standards and the remedies for nonpayment that are available to a public utility.
(4) A cost reduction rate shall constitute cost reduction property when, and to the extent that, a cost reduction order authorizing such cost reduction rate has become effective in accordance with this chapter, and the cost reduction property shall thereafter continuously exist as property for all purposes with all of the rights and privileges of this chapter for the period and to the extent provided in the cost reduction order, but in any event until the approved costs are paid in full.
(5) Any surplus cost reduction rate collections in excess of the amounts necessary to pay approved costs shall be used in such manner as the commission may reasonably determine.
(6) The obligation to pay amounts in respect of a cost reduction rate cannot be avoided by the formation of a local publicly owned utility or other entity, or by annexation of any portion of the service territory of the public utility by a local publicly owned electric utility or other entity.
History:
[61-1605, added 2005, ch. 372, sec. 1, p. 1189.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 16 - UTILITY COST REDUCTION BONDS › Section 61-1606 - COST REDUCTION INSTRUMENTS.

61-1606. COST REDUCTION INSTRUMENTS. (1) Public utilities and assignees may issue and sell cost reduction instruments upon approval by the commission of such action in a cost reduction order.
(2) Public utilities and assignees may sell and assign all or portions of their interest in cost reduction property that is the basis for the issuance of cost reduction instruments to the extent approved in the pertinent cost reduction order. To the extent approved in the pertinent cost reduction orders, public utilities and assignees may also pledge cost reduction property as collateral, directly or indirectly, for cost reduction instruments providing for a security interest in the cost reduction property, in the manner as set forth in this chapter. Cost reduction property may also be sold or assigned by:
(a) A public utility, an assignee or a trustee for the holders of cost reduction instruments in connection with the exercise of remedies upon a default; or
(b) Any person acquiring the cost reduction property after a sale or assignment pursuant to this subsection.
(3) To the extent that any interest in cost reduction property is so sold or assigned, or is so pledged as collateral, the commission may authorize the public utility to contract with an assignee that it will continue to operate its system to provide service to its customers, will collect amounts with respect to the cost reduction rates for the benefit and account of the assignee, and will account for and remit these amounts to or for the account of the assignee. Contracting with the assignee in accordance with that authorization shall not impair or negate the characterization of the sale, assignment or pledge as an absolute transfer, a true sale or security interest, as applicable.
(4) Upon approval by the commission of a cost reduction order, any issuance of cost reduction instruments approved therein, any related transfer or pledge of cost reduction property and any other transactions incidental to such issuance shall be exempt from the requirements of 61-901 through 61-908, Idaho Code. The commission may include in any cost reduction order any additional approvals that may be required in connection with such issuance under applicable law.
(5) An assignee shall not be considered to be an electric or gas corporation solely by virtue of the transactions described in this chapter.
History:
[61-1606, added 2005, ch. 372, sec. 1, p. 1190.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 16 - UTILITY COST REDUCTION BONDS › Section 61-1608 - TRANSFERS IN INTEREST.

61-1608. TRANSFERS IN INTEREST. (1) A transfer of cost reduction property by a public utility to an assignee, or by an assignee to another assignee, that the parties have in the governing documentation expressly stated to be a sale or other absolute transfer, in a transaction approved in a cost reduction order, shall be treated as an absolute transfer of all of the transferor’s right, title and interest, as in a true sale, and not as a pledge or other financing, of the cost reduction property, in each case notwithstanding any contrary treatment for federal or state income and franchise taxes, accounting or other purposes.
(2) A transfer of cost reduction property shall be deemed perfected as against third persons and shall vest title in the transferee when both of the following have taken place:
(a) The commission has issued the cost reduction order authorizing the cost reduction rate included in the cost reduction property; and
(b) A written assignment of the cost reduction property has been executed and delivered to the transferee.
(3) As between bona fide assignees of the same right for value without notice, the assignee first filing a financing statement in accordance with chapter 9, naming the assignor of the cost reduction property as debtor and identifying the cost reduction property has priority. Any description of cost reduction property shall be sufficient if it refers to the cost reduction order creating the cost reduction property. A copy of the financing statement shall be filed by the assignee with the commission, and the commission may require the assignor or the assignee to make other filings with respect to the transfer in accordance with procedures it may establish, but these filings shall not affect the perfection of the transfer.
(4) The interest of an assignee or pledgee in cost reduction property and in the revenues and collections arising from such property are not subject to set-off, counterclaim, surcharge or defense by the public utility or any other person or in connection with the bankruptcy of the public utility or any other person.
History:
[61-1608, added 2005, ch. 372, sec. 1, p. 1193.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 16 - UTILITY COST REDUCTION BONDS › Section 61-1609 - SUCCESSORS.

61-1609. SUCCESSORS. Any successor to the public utility, whether pursuant to any bankruptcy, reorganization or other insolvency proceeding, or pursuant to any merger, sale or transfer, by operation of law or otherwise, shall perform and satisfy all obligations of the public utility pursuant to this chapter in the same manner and to the same extent as was required of the public utility before such proceeding or merger, sale or transfer including, but not limited to, billing, collecting and paying to the cost reduction instrument holders, or their representatives or the applicable financing entity, cost reduction rates and any other revenues arising with respect to the cost reduction property sold to the applicable financing entity or pledged to secure cost reduction instruments and seeking cost reduction rate adjustments, as necessary and permitted by the pertinent cost reduction order, to recover all approved costs designated in such cost reduction order.
History:
[61-1609, added 2005, ch. 372, sec. 1, p. 1194.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 16 - UTILITY COST REDUCTION BONDS › Section 61-1610 - DISCLAIMER OF STATE FULL FAITH AND CREDIT.

61-1610. DISCLAIMER OF STATE FULL FAITH AND CREDIT. Cost reduction rates, cost reduction property, and any related cost reduction instruments issued under this chapter and any applicable cost reduction orders do not constitute a debt or liability of this state or of any political subdivision thereof and do not constitute a pledge of the full faith and credit of this state or any of its political subdivisions, but are payable solely from the funds provided therefor. Any cost reduction instruments shall contain on the face thereof a statement to the following effect: "Neither the full faith and credit nor the taxing power of the state of Idaho is pledged to the payment of the principal of, or interest on, this instrument."
History:
[61-1610, added 2005, ch. 372, sec. 1, p. 1194.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 16 - UTILITY COST REDUCTION BONDS › Section 61-1611 - SEVERABILITY.

61-1611. SEVERABILITY. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
History:
[61-1611, added 2005, ch. 372, sec. 1, p. 1194.]