§ 40-101. Definitions.

Words and phrases as used in this title are defined in sections 40-102 through 40-127, Idaho Code.

§ 40-102. Definitions — A.

1. 1. “Access easement” also commonly and sometimes legally referred to as a “deeded access” means a property right running with the land and appurtenant thereto for purposes of vehicular ingress and egress at a designated location from private property to the public highway or public right-of-way created by a written document, contract or deed by exception between the state or any political subdivision of the state of Idaho and the landowner. If the easement does not specify the type of use which may be made of the easement, for example, farm access, heavy industrial, etc., the easement is not limited to any type(s) of access. (1)(a) “Access easement” also commonly and sometimes legally referred to as a “deeded access” means a property right running with the land and appurtenant thereto for purposes of vehicular ingress and egress at a designated location from private property to the public highway or public right-of-way created by a written document, contract or deed by exception between the state or any political subdivision of the state of Idaho and the landowner. If the easement does not specify the type of use which may be made of the easement, for example, farm access, heavy industrial, etc., the easement is not limited to any type(s) of access.
   2. If the governmental entity with jurisdiction over the road that the property has a “deeded access” to denies the property owner the right to use the easement, the denial shall constitute a taking of the access right for which just compensation shall be owed.
2. “Activities, commercial or industrial.” (See “Unzoned commercial or industrial areas,” section 40-122, Idaho Code)
3. “Advertising business, outdoor.” (See “Outdoor advertising business,” section 40-116, Idaho Code)
4. “Advertising display” means advertising structures and signs.
5. “Advertising structure(s)” or “structure(s)” or “sign(s)” means any thing designed, intended or used to advertise or inform. “Advertising structure” or “sign” does not include:
   1. Official notices issued by any court or public body or officer.
   2. Notices posted by any public officer in performance of a public duty or by any person in giving legal notice.
   3. Directional, warning or information structures required by or authorized by law, informational or directional signs regarding telephone service, emergency telephone signs, buried or underground cable markers and above cable closures.
   4. An official or public structure erected near a city or county, and within its territorial or zoning jurisdiction, which contains the name of the city or county, provided the same is maintained wholly at public expense. Where a city has been bypassed, but remains within five (5) miles of an interstate highway or primary freeway, the Idaho transportation board, in its discretion, may grant the city the right to erect and maintain a billboard displaying the name of the city at a location not to exceed one (1) mile from an interchange primarily serving that city. Billboards erected must be at locations consistent with department regulations and safety standards.
6. “Agency,” as applied to highway relocation assistance as provided by chapter 20, title 40, Idaho Code, means any subdivision or entity of state or local government in the state of Idaho authorized by law to engage in any highway program or perform any highway project in which the acquisition of real property may result in the displacement of any person.
7. “Alternate technical concept (ATC)” means an alternative to the base technical concept that promotes innovation and is equal or better in quality or effect, as determined by the department in its sole discretion.
8. “Areas, commercial or industrial, unzoned.” (See “Unzoned commercial or industrial areas,” section 40-122, Idaho Code)
9. “Areas, urban.” (See “Urban areas,” section 40-122, Idaho Code)
10. “Automobile graveyard” means any establishment or place of business which is maintained, used, or operated, for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. (11) “Average annual net earnings,” for the purposes of section 40-2004, Idaho Code, means one-half (½) of any net earnings of the business or farm operations, before federal, state and local income taxes, during the two (2) taxable years immediately preceding the taxable year in which the business or farm operation moves from the real property acquired for the project, or during any other period as the agency determines to be more equitable for establishing the earnings, and includes any compensation paid by the business or farm operation to the owner, his spouse, or his dependents during the two (2) year period, or any other period as determined by the agency.

§ 40-104. Definitions — C.

1. “City system” means all public highways within the corporate limits of a city, with a functioning street department, except those highways which are under federal control, a part of the state highway system, part of a highway district system or an extension of a rural major collector route as specified in section 40-607, Idaho Code.
2. “Commercial activities.” (See “Unzoned commercial or industrial areas,” section 40-122, Idaho Code)
3. “Commercial areas, unzoned.” (See “Unzoned commercial or industrial areas,” section 40-122, Idaho Code)
4. “Commissioners” means the board of county commissioners of a county of this state.
5. “Construction manager/general contractor firm” means a business entity with which the department has contracted to provide services prior to the final design phase and provide for the construction of the project during the construction phase.
6. “Construction manager/general contractor project” means a project where the department retains a consultant or has on staff an Idaho licensed professional engineer to develop the design and also hires a construction manager/general contractor firm to provide services prior to the final design. If a guaranteed maximum price is negotiated successfully, the construction manager/general contractor firm also provides for construction of the project.
7. “Consultant” means an individual or business entity possessing the qualifications to provide licensed architectural, licensed engineering, or licensed land surveying services or possessing specialized credentials and qualifications.
8. “Controlled-access facility” means a highway especially designed for through traffic to which owners or occupants of abutting land have no right or easement or only a controlled right or easement of access by reason of the fact that their property abuts upon the controlled-access facility. These highways may be freeways open to use by all customary forms of highway traffic, or they may be parkways from which trucks, buses and other commercial vehicles shall be excluded.
9. “County highway system” or “county secondary highways” mean all public highways in a county except those included within the state highway system, those under another state agency, those included within city highway systems of incorporated cities, those included within a highway district highway system, and those under federal control.

§ 40-105. Definitions — D.

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

§ 40-106. Definitions — E.

1. “Erect” means to construct, build, raise, assemble, place, affix, create, paint, draw or in any other way bring into being or establish, but does not include any of the foregoing activities when performed incident to the change of an advertising message or customary maintenance of a sign. With respect to certain easements held by the state restricting the erection of structures on certain lands, the state of Idaho and the department shall be deemed to have waived such restrictions with regard only to each sign erected prior to October 22, 1965.
2. “Expenditure” means the awarding of a contract, franchise or authority to another by a district, and every manner and means whereby the highway district disburses district funds or obligates itself to disburse district funds. “Expenditure” does not include disbursement of district funds to regularly employed highway district employees, officials or agents, or for the performance of personal services to the district, or for the acquisition of personal property through a contract that has been competitively bid by the state of Idaho, one of its subdivisions, or an agency of the federal government.
3. “Expense of the public” means the expenditure of funds for roadway maintenance by any governmental agency, including funds expended by any agency of the federal government, so long as the agency allows public access over the roadway on which the funds were expended and such roadway is not located on federal or state-owned land.

§ 40-107. Definitions — F.

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

§ 40-108. Definitions — G.

1. “GARVEE” means grant anticipation revenue vehicle, a debt financing instrument which enables states to finance state transportation infrastructure projects and to pay debt service and other bond-related expenses with future federal-aid highway apportionments.
2. “Guaranteed maximum price (GMP)” means the total maximum price that includes all reimbursable costs and fees, except for material changes in the scope of work, for completion of a construction manager/general contractor contract that is provided by the selected contractor and accepted by the department.

§ 40-109. Definitions — H.

1. “Highway district system” means all public highways within each highway district, except those included within the state highway system, those under another state agency, those included within city highway systems of incorporated cities with a functioning street department, and those under federal control.
2. “Highway system, county.” (See “County highway system,” section 40-104, Idaho Code)
3. “Highway system, state.” (See “State highway system,” section 40-120, Idaho Code)
4. “Highway users’ fund bonds” mean those bonds issued for and on behalf of dissolved city highway systems or highway districts, and the funds out of which those bonds are repayable shall be the moneys received or provided by section 40-707, Idaho Code.
5. “Highways” mean roads, streets, alleys and bridges laid out or established for the public or dedicated or abandoned to the public. Highways shall include necessary culverts, sluices, drains, ditches, waterways, embankments, retaining walls, bridges, tunnels, grade separation structures, roadside improvements, adjacent lands or interests lawfully acquired, pedestrian facilities, and any other structures, works or fixtures incidental to the preservation or improvement of the highways. Roads laid out and recorded as highways, by order of a board of commissioners, and all roads used as such for a period of five (5) years, provided they shall have been worked and kept up at the expense of the public, or located and recorded by order of a board of commissioners, are highways.

§ 40-110. Definitions — I.

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

§ 40-111. Definitions — J.

1. “Junk” means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste; junk, dismantled, or wrecked automobiles, or their parts; iron, steel and other scrap ferrous or nonferrous material.
2. “Junkyard” means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.

§ 40-112. Definitions

K. [Reserved.]

§ 40-113. Definitions — L.

1. “Lawfully maintained” means a sign maintained on private land in accordance with state law and with the consent or acquiescence of the owner, or his agent, of the property upon which the sign is located.
2. “Local highway technical assistance council” means the public agency created in chapter 24, title 40, Idaho Code.
3. “Local highway jurisdiction” means a county with jurisdiction over a highway system, a city with jurisdiction over a highway system, or a highway district.
4. “Lowest price technically acceptable selection” means a type of process for selection of a design-build firm in which the department identifies evaluation factors that establish the minimum requirements of acceptability. Proposals are evaluated for acceptability based on qualitative factors, not cost or price, but are not ranked. The contract award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for qualitative factors.

§ 40-114. Definitions — M.

1. “Main traveled way” means the portion of a roadway for the movement of vehicles, exclusive of shoulders.
2. “Maintain” or “place” means to allow to exist, subject to the provisions of chapter 19, title 40, Idaho Code.
3. “Maintenance” means to preserve from failure or decline, or repair, refurbish, repaint or otherwise keep an existing highway or public right-of-way in a suitable state for use including, without limitation, snow removal, sweeping, litter control, weed abatement and placement or repair of public safety signage.
4. “Mortgage” means a class of liens, including deeds of trust, as are commonly given to secure advances on, or the unpaid purchase price of, real property under the laws of the state of Idaho, together with the credit instruments, if any, secured by it.

§ 40-115. Definitions

N. [Reserved.]

§ 40-116. Definitions — O.

1. “Organizational conflict of interest” means that, because of other activities or relationships with other persons or entities, a person or entity is unable or potentially unable to render impartial assistance or advice to the department or the person’s or entity’s objectivity in performing the contract work is or might be otherwise impaired, or a person or entity has an unfair competitive advantage.
2. “Outdoor advertising business” means the business or occupation of placing, erecting, constructing or maintaining advertising structures or signs. The term does not include the placing, erecting, constructing or maintaining of advertising displays exclusively pertaining to the business of the person placing the advertising display, but does include a person whenever he personally or through employees places advertising displays containing advertising which does not pertain exclusively to his own business.
3. “Owner” means all persons and all political subdivisions of the state having any title or interest in any property, rights, easements and interests authorized to be acquired by chapter 3, title 40, Idaho Code.

§ 40-117. Definitions — P.

1. “Person” includes every natural person, firm, fiduciary, copartnership, association, corporation, trustee, receiver or assignee for the benefit of creditors.
2. “Place.” (See “Maintain,” section 40-114, Idaho Code)
3. “Preliminary design,” as used in section 40-904, Idaho Code, means the general project location and design concepts. It includes, but is not limited to, preliminary engineering and other activities and analyses, such as environmental assessments, topographic surveys, metes and bounds surveys, geotechnical investigations, hydrologic analyses, hydraulic analyses, utility engineering, traffic studies, financial plans, revenue estimates, hazardous materials assessments, general estimates of the types and quantities of materials and other work needed to establish parameters for the final design.
4. “Price proposal” means the price submitted by a design-build firm to provide the required design and construction services described in the request for proposals or the price submitted by a construction manager/general contractor firm to provide the required construction services described in the request for proposal.
5. “Primary system” or “primary highway” means any portion of the highways of the state, as officially designated, or as may hereafter be so designated, by the Idaho transportation board, and approved by the secretary of transportation, pursuant to the provisions of title 23, U.S. Code, “Highways.”
6. “Public highway agency” means the state transportation department, any city, county, highway district or other political subdivision of the state with jurisdiction over public highway systems and public rights-of-way.
7. “Public highways” means all highways open to public use in the state, whether maintained by the state or by any county, highway district, city, or other political subdivision. (Also see “Highways,” section 40-109, Idaho Code)
8. “Public land survey corner” means any point actually established and monumented in an original survey or resurvey that determines the boundaries of remaining public lands, or public lands patented, represented on an official plat and in the field notes thereof, accepted and approved under authority delegated by congress to the United States general land office and the United States department of interior, bureau of land management.
9. “Public right-of-way” means a right-of-way open to the public and under the jurisdiction of a public highway agency, where the public highway agency has no obligation to construct or maintain, but may expend funds for the maintenance of, said public right-of-way or post traffic signs for vehicular traffic on said public right-of-way. In addition, a public right-of-way includes a right-of-way which was originally intended for development as a highway and was accepted on behalf of the public by deed of purchase, fee simple title, authorized easement, eminent domain, by plat, prescriptive use, or abandonment of a highway pursuant to section 40-203, Idaho Code, but shall not include federal land rights-of-way, as provided in section 40-204A, Idaho Code, that resulted from the creation of a facility for the transmission of water. Public rights-of-way shall not be considered improved highways for the apportionment of funds from the highway distribution account.
10. “Public street” means a road, thoroughfare, alley, highway or bridge under the jurisdiction of a public highway agency. (11) “Public transportation services” means, but is not limited to, fixed transit routes, scheduled or unscheduled transit services provided by motor vehicle, bus, rail, van, aerial tramway and other modes of public conveyance; paratransit service for the elderly and disabled; shuttle and commuter service between cities, counties, health care facilities, employment centers, educational institutions or park-and-ride locations; subscription van and car pooling services; transportation services unique to social service programs; and the management and administration thereof.

§ 40-118. Definitions

Q. [Reserved.]

§ 40-119. Definitions — R.

1. “Reference point” means a special monumented point that does not occupy the same geographical position as the corner itself, and where the spatial relationship to the corner is known and recorded, and that serves to locate the corner.
2. “Request for proposals (RFP)” means a document used to solicit proposals from design-build firms to design and construct a highway project or to solicit proposals from construction manager/general contractor firms to provide services prior to final design and then construct a highway project.
3. “Request for qualifications (RFQ)” means a document issued by the department in the first step of a two-step selection process that describes the project in enough detail to let potential design-build firms determine if they wish to compete and forms the basis for developing a short-list of the most qualified design-build firms.
4. “Responsive proposals” means proposals submitted by responsive proposers that comply with the request for proposals and all prescribed procurement procedures and requirements.

§ 40-120. Definitions — S.

1. “Safety rest area” means an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control, for convenience of the traveling public.
2. “Short-listing” means the narrowing of the field of potential design-build firms through the selection of the most qualified design-build firms who have responded to a request for qualifications.
3. “Sign.” (See “Advertising structure,” section 40-102, Idaho Code)
4. “Single countywide highway district” means all public highways within the county, including those within all cities of the county, but excepting those within the state highway system and those under federal control.
5. “State highway system” means the principal highway arteries in the state, including connecting arteries and extensions through cities, and includes roads to every county seat in the state.
6. “State law” means a provision of the constitution or statutes of this state, or an ordinance, rule or regulation enacted or adopted by an agency or political subdivision of this state pursuant to the constitution or statutes.
7. “Stipend” means a monetary amount that may be paid to unsuccessful design-build firms who have submitted responsive proposals in response to an RFP. The purpose of a stipend is to encourage competition by offering to compensate responsive but unsuccessful design-build firms for a portion of the proposal development costs.
8. “Street” means a thoroughfare, alley, highway or a right-of-way that may be open for public use but is not part of a public highway system nor under the jurisdiction of a public highway agency.
9. “Structure.” (See “Advertising structure,” section 40-102, Idaho Code)
10. “System, city.” (See “City system,” section 40-104, Idaho Code)

§ 40-121. Definitions — T.

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

§ 40-122. Definitions — U.

1. “Unzoned commercial or industrial areas” mean those areas not zoned by state or local law, regulation or ordinance which are occupied by industrial or commercial activities, other than outdoor advertising signs, and the lands along the highway for a distance of six hundred (600) feet immediately abutting to the area of the activities. All measurements shall be from the outer edge of the regularly used buildings, parking lots, storage or processing areas of the activities, and shall be along or parallel to the edge of pavement of the highway.
   1. Agricultural, forestry, grazing, farming and related activities including wayside fresh produce stands.
   2. Transient or temporary activities.
   3. Activities not visible from the main traveled way.
   4. Activities conducted in a building principally used as a residence.
   5. Railroad tracks and minor sidings.
2. “Urban areas” mean any geographical area within the city limits of any incorporated city having a population of five thousand (5,000) or more inhabitants. Population numbers referred to shall be determined by the latest United States census.
3. “Utility” means any publicly, privately or cooperatively owned utility.

“Commercial or industrial activities” mean those activities generally recognized as commercial or industrial by zoning authorities in the state, except that none of the following activities shall be considered commercial or industrial:

§ 40-123. Definitions — V.

1. “Visible” means capable of being seen without visual aid by a person of normal visual acuity.

§ 40-124. Definitions — W.

“Witness corner” means a monumented point on a lot line or boundary line of a survey, near a corner and established in situations where it is impracticable to occupy or monument the corner.

§ 40-125. Definitions

X. [Reserved.]

§ 40-126. Definitions

Y. [Reserved.]

§ 40-127. Definitions

Z. [Reserved.]

§ 40-128 — 40-143. Highway administrative act of 1951 — Traffic safety commission — Creation, powers and duties. [Repealed.]

§ 40-144, 40-145. Department of highways supervisory employees, designation — Approval by state board of examiners. [Repealed.]

§ 40-146. Joint operation of ports of entry. [Repealed.]

§ 40-201. State highway, county highway, highway districts and city highway systems established.

There shall be a system of state highways in the state, a system of county highways in each county, a system of highways in each highway district, and a system of highways in each city, except as otherwise provided. The improvement of highways and highway systems is hereby declared to be the established and permanent policy of the state of Idaho, and the duty is hereby imposed upon the state, and all counties, cities, and highway districts in the state, to improve and maintain the highways within their respective jurisdiction as hereinafter defined, within the limits of the funds available.

§ 40-202. Designation of highways and public rights-of-way.

1. The initial selection of the county highway system and highway district system may be accomplished in the following manner:
   1. The board of county or highway district commissioners shall cause a map to be prepared showing the general location of each highway and public right-of-way in its jurisdiction, and the commissioners shall cause notice to be given of intention to adopt the map as the official map of that system, and shall specify the time and place at which all interested persons may be heard.
   2. After the hearing, the commissioners shall adopt the map, with any changes or revisions considered by them to be advisable in the public interest, as the official map of the respective highway system.
2. If a county or highway district acquires an interest in real property for highway or public right-of-way purposes, the respective commissioners shall:
   1. Cause any order or resolution enacted, and deed or other document establishing an interest in the property for their highway system purposes to be recorded in the county records; or
   2. Cause the official map of the county or highway district system to be amended as affected by the acceptance of the highway or public right-of-way.
3. Highways laid out, recorded and opened as described in subsection (2) of this section, by order of a board of commissioners, and all highways used for a period of five (5) years, provided they shall have been worked and kept up at the expense of the public, or located and recorded by order of a board of commissioners, are highways. If a highway created in accordance with the provisions of this subsection is not opened as described in subsection (2) of this section, there shall be no duty to maintain that highway, nor shall there be any liability for any injury or damage for failure to maintain it or any highway signs, until the highway is designated as a part of the county or highway district system and opened to public travel as a highway.
4. When a public right-of-way is created in accordance with the provisions of subsection (2) of this section, or section 40-203 or 40-203A, Idaho Code, there shall be no duty to maintain that public right-of-way, nor shall there be any liability for any injury or damage for failure to maintain it or any highway signs.
5. Nothing in this section shall limit the power of any board of commissioners to subsequently include or exclude any highway or public right-of-way from the county or highway district system.
6. By July 1, 2005, and at least every five (5) years thereafter, the board of county or highway district commissioners shall publish in map form and make readily available a map showing the general location of all highways and public rights-of-way under its jurisdiction. Any board of county or highway district commissioners may be granted an extension of time with approval of the legislature by adoption of a concurrent resolution.
7. Prior to designating a new highway or public right-of-way on the official map, the board of county or highway district commissioners shall confirm that no legal abandonment has occurred on the new highway or right-of-way to be added to the official map. In addition, the board of county or highway district commissioners shall have some basis indicating dedication, purchase, prescriptive use or other means for the creation of a highway and public right-of-way with evidentiary support.
8. The board of county or highway district commissioners shall give advance notice of hearing, by U.S. mail, to any landowner upon or within whose land the highway or public right-of-way is located whenever a highway or public right-of-way is proposed for inclusion on such map and the public status of such highway or public right-of-way is not already a matter of public record. The purpose of this official map is to put the public on notice of those highways and public rights-of-way that the board of county or highway district commissioners considers to be public. The inclusion or exclusion of a highway or public right-of-way from such a map does not, in itself, constitute a legal determination of the public status of such highway or public right-of-way. Any person may challenge, at any time, the inclusion or exclusion of a highway or public right-of-way from such map by initiating proceedings as described in section 40-208(7), Idaho Code.
9. Nothing in this section or in any designation of the general location of a highway or public right-of-way shall authorize the public highway agency to assert or claim rights superior to or in conflict with any rights-of-way that resulted from the creation of a facility for the transmission of water which existed before the designation of the location of a highway or public right-of-way.

Provided, however, a county with highway jurisdiction or highway district may hold title to an interest in real property for public right-of-way purposes without incurring an obligation to construct or maintain a highway within the right-of-way until the county or highway district determines that the necessities of public travel justify opening a highway within the right-of-way. The lack of an opening shall not constitute an abandonment, and mere use by the public shall not constitute an opening of the public right-of-way.

§ 40-203A. Validation of county or highway district system highway or public right-of-way.

1. Any resident or property holder within a county or highway district system, including the state of Idaho or any of its subdivisions, or any agency of the federal government, may petition the board of county or highway district commissioners, whichever shall have jurisdiction of the highway system, to initiate public proceedings to validate a highway or public right-of-way, including those which furnish public access to state and federal public lands and waters, provided that the petitioner shall pay a reasonable fee as determined by the commissioners to cover the cost of the proceedings, or the commissioners may initiate validation proceedings on their own resolution, if any of the following conditions exist:
   1. If, through omission or defect, doubt exists as to the legal establishment or evidence of establishment of a highway or public right-of-way;
   2. If the location of the highway or public right-of-way cannot be accurately determined due to numerous alterations of the highway or public right-of-way, a defective survey of the highway, public right-of-way or adjacent property, or loss or destruction of the original survey of the highways or public rights-of-way; or
   3. If the highway or public right-of-way as traveled and used does not generally conform to the location of a highway or public right-of-way described on the official highway system map or in the public records.
2. If proceedings for validation of a highway or public right-of-way are initiated, the commissioners shall follow the procedure set forth in section 40-203, Idaho Code, and shall:
   1. If the commissioners determine it is necessary, cause the highway or public right-of-way to be surveyed;
   2. Cause a report to be prepared, including consideration of any survey and any other information required by the commissioners;
   3. Establish a hearing date on the proceedings for validation;
   4. Cause notice of the proceedings to be provided in the same manner as for abandonment and vacation proceedings; and
   5. At the hearing, the commissioners shall consider all information relating to the proceedings and shall accept testimony from persons having an interest in the proposed validation.
3. Upon completion of the proceedings, the commissioners shall determine whether validation of the highway or public right-of-way is in the public interest and shall enter an order validating the highway or public right-of-way as public or declaring it not to be public.
4. From any such decision, any resident or property holder within a county or highway district system, including the state of Idaho or any of its subdivisions, or any agency of the federal government, may appeal to the district court of the county in which the highway or public right-of-way is located pursuant to section 40-208, Idaho Code.
5. When a board of commissioners validates a highway or public right-of-way, it shall cause the order validating the highway or public right-of-way, and if surveyed, cause the survey to be recorded in the county records and shall amend the official highway system map of the respective county or highway district.
6. The commissioners shall proceed to determine and provide just compensation for the removal of any structure that, prior to creation of the highway or public right-of-way, encroached upon a highway or public right-of-way that is the subject of a validation proceeding, or if such is not practical, the commissioners may acquire property to alter the highway or public right-of-way being validated.
7. This section does not apply to the validation of any highway, public street or public right-of-way which is to be accepted as part of a platted subdivision pursuant to chapter 13, title 50, Idaho Code.

§ 40-203B. Abandonment or assuming control of a highway.

Whenever the Idaho transportation department is either planning to abandon any section or all of a state highway to a county, a city or a highway district or assume control of a section or all of a highway which is under the jurisdiction of a county, city or a highway district, the transportation department shall first obtain the consent of the applicable local highway jurisdiction before it may abandon or assume control of the highway. Consent shall be obtained by passage of a resolution by the local highway jurisdiction assenting to the proposed action of the transportation department. Prior to consenting to an abandonment or assumption of the applicable highway, the local highway jurisdiction may conduct a public hearing and also provide notice to any impacted property owners, businesses, industries and enterprises. If consent is not obtained as provided in this section, the action by the transportation department regarding the abandonment of a state highway or assumption of control of a local jurisdiction highway shall be null, void, and of no force and effect.

§ 40-204. Assent to federal acts.

1. The state of Idaho renews its assent to the provisions of the act of congress approved July 11, 1916, entitled, “An act to provide that the United States shall aid the states in the construction of rural post roads, and for other purposes” (39th United States Statutes at Large, page 355), and its amendments or acts supplementary to it, and accepts the provisions and benefits of any act of congress enacted having for its purpose the construction, improvement and maintenance of public roads or highways in the state of Idaho.
2. The state of Idaho renews its assent to the provisions of the act of congress approved October 22, 1965, entitled, “An act to provide for scenic development and road beautification of the federal-aid highway systems” (Public Law 89-285), and its amendments, or acts supplementary to it and accepts the provisions and benefits of any act of congress enacted having for its purpose the control of outdoor advertising, and junkyards adjacent to highways, or the landscaping and scenic enhancement of highways in the state of Idaho.

§ 40-204A. Federal land rights-of-way.

1. The state recognizes that the act of construction and first use constitute the acceptance of the grant given to the public for federal land rights-of-way, and that once acceptance of the grant has been established, the grant shall be for the perpetual term granted by the congress of the United States.
2. The only method for the abandonment of these rights-of-way shall be that of eminent domain proceedings in which the taking of the public’s right to access shall be justly compensated. Neither the mere passage of time nor the frequency of use shall be considered a justification for considering these rights-of-way to have been abandoned.
3. All of the said rights-of-way shall be shown by some form of documentation to have existed prior to the withdrawal of the federal grant in 1976 or to predate the removal of land through which they transit from the public domain for other public purposes. Documentation may take the form of a map, an affidavit, surveys, books or other historic information.
4. These rights-of-way shall not require maintenance for the passage of vehicular traffic, nor shall any liability be incurred for injury or damage through a failure to maintain the access or to maintain any highway sign. These rights-of-way shall be traveled at the risk of the user and may be maintained by the public through usage by the public.
5. Any member of the public, the state of Idaho and any of its political subdivisions, and any agency of the federal government may choose to seek validation of its rights under law to use granted rights-of-way either through a process set forth by the state of Idaho, through processes set forth by any federal agency or by proclamation of user rights granted under the provisions of the original act, Revised Statute 2477.
6. Persons seeking acknowledgement of federal land rights-of-way shall file with the county recorder the request for acknowledgement and for any supporting documentation. The county recorder shall record acknowledgements, including supporting documentation, and maintain an appropriate index of same.

Persons seeking to have a federal land right-of-way, including those which furnish public access to state and federal public lands and waters, validated as a highway or public right-of-way as part of a county or highway official highway system, shall follow the procedure outlined in section 40-203A, Idaho Code.

Neither the granting of the original right-of-way nor any provision in this or any other state act shall be construed as a relinquishment of either federal ownership or management of the surface estate of the property over which the right-of-way passes.

§ 40-205. Saving clause for acts and suits in process of being carried out.

This act shall not affect any act done, ratified or confirmed, or any right accrued, or established, or any action or proceeding had or commenced in a civil or criminal cause prior to July 1, 1985, and actions or proceedings may be prosecuted and continued by the department, and when required, by the board or the director, as the case may be.

§ 40-206. Publication of notices.

Whenever publication of a notice by a county highway system or highway district is required for an override or bond election, or a hearing, it shall appear in a newspaper printed and published within the district or county, or in some newspaper of general circulation in the county or district, and the notice shall be published as follows:

1. The publication of notice for an override or bond election shall be published as provided for in section 34-1406, Idaho Code.
2. The publication of notice for a hearing shall be published at least one (1) time in a weekly newspaper or at least two (2) consecutive times in a daily newspaper and remain the responsibility of the political subdivision proposing such hearing. The last notice shall be published not less than five (5) days prior to the hearing, except as otherwise specifically provided in this title.

§ 40-207. Violations — Penalties.

Any person who shall violate or aid in the violation of any of the provisions of this title, unless a different penalty is prescribed by law, shall be guilty of a misdemeanor, and upon conviction thereof be punished by a fine of not more than five hundred dollars ($500), or imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment. All fines collected for violations of the provisions of this title shall be paid into the highway distribution account established in section 40-701, Idaho Code.

§ 40-208. Judicial review.

1. Any resident or property holder within the county or highway district system, including the state of Idaho or any of its subdivisions or any agency of the federal government, who is aggrieved by a final decision of a board of county or highway district commissioners in an abandonment and vacation or validation proceeding is entitled to judicial review under the provisions of this section.
2. Proceedings for review are instituted by filing a petition in the district court of the county in which the commissioners have jurisdiction over the highway or public right-of-way within twenty-eight (28) days after the filing of the final decision of the commissioners or, if a rehearing is requested, within twenty-eight (28) days after the decision thereon.
3. The filing of the petition does not itself stay enforcement of the commissioners’ decision. The reviewing court may order a stay upon appropriate terms.
4. Within thirty (30) days after the service of the petition, or within further time allowed by the court, the commissioners shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be ordered by the court to pay for additional costs. The court may require subsequent corrections to the record and may also require or permit additions to the record.
5. The parties may present additional evidence to the court, upon a showing to the court that such evidence is material to the issues presented to the court. In such case, the court may order that the additional information be presented to the commissioners upon conditions determined by the court. The commissioners may modify their findings and decisions by reason of the additional information and shall file that information and any modifications, new findings, or decisions with the reviewing court.
6. Either party to a proceeding may request in writing that a judge who resides outside the county where the subject road or property is located be appointed to hear the case, and, upon such written request, such a judge shall be appointed for the case. The review shall be conducted by the court without a jury. The court shall consider the record before the board of county or highway district commissioners and shall defer to the board of county or highway district commissioners on matters in which such board has appropriately exercised its discretion with respect to the evaluation of the public interest. As to the determination of highway or public right-of-way creation, width and abandonment, the court may accept new evidence and testimony supplemental to the record provided by the county or highway district, and the court shall consider those issues anew. In cases of alleged irregularities in procedure before the commissioners, not shown in the record, proof thereon may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs.

§ 40-209. Highway right-of-way plats.

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

§ 40-210. Legislative intent — Utility facilities — Coordinated relocation policies — Definitions.

1. Public highways are intended principally for public travel and transportation; however, the public highways and the public right-of-way used in connection with the public highways are also lawfully used in connection with uses associated with utility purposes necessary to provide utility services to the public. Without making use of public highways and their associated rights-of-way, the utility facilities and services could not reach or economically serve the residents of the state of Idaho.
2. In furtherance of the legislative intent expressed in subsection (1) of this section, public highway agencies engaged in a public highway project that may require the relocation of utility facilities, or any private party working with a public highway agency on a project that may require the relocation of utility facilities in connection therewith, shall permit the affected utility to participate in project development meetings. In addition, at the beginning of the preliminary design phase of the project, the public highway agency shall, upon giving written notice of not less than thirty (30) days to the affected utility, meet with the utility for the purpose of allowing the utility to review plans, understand the goals, objectives and funding sources for the proposed project, provide and discuss recommendations to the public highway agency that would reasonably eliminate or minimize utility relocation costs, limit the disruption of utility services, eliminate or reduce the need for present or future utility facility relocation, and provide reasonable schedules to enable coordination of the highway project construction and such utility facility relocation as may be necessary. While recognizing the essential goals and objectives of the public highway agency in proceeding with and completing a project, the parties shall use their best efforts to find ways to (a) eliminate the cost to the utility of relocation of the utility facilities, or (b) if elimination of such costs is not feasible, minimize the relocation costs to the maximum extent reasonably possible.
3. If a utility has received notice of the preliminary design meeting as set forth in subsection (2) of this section and has failed to respond or participate in meetings described therein, such failure to respond or participate in such meetings shall not in any way affect the ability of the public highway agencies to proceed with the project design or construction.
4. As used in this section:
   1. “Utility” means an entity comprised of any person, private company, public agency or cooperative owning and/or operating utility facilities.
   2. “Utility facility” means all privately, publicly or cooperatively owned lines, facilities and systems for producing, transmitting or distributing communications, cable television, electricity, light, heat, gas, oil, crude products, ore, water, steam, waste or storm water not connected with highway drainage and other similar commodities.

Therefore, it is the intent of the legislature that the public highway agencies and utilities engage in proactive, cooperative coordination of highway projects through a process that will attempt to effectively minimize costs, limit the disruption of utility services, and limit or reduce the need for present or future relocation of such utility facilities.

§ 40-301. Idaho transportation board — Creation — Authority.

There is established the Idaho transportation board, which is vested with authority, control, supervision and administration of the department created and established by this title.

§ 40-302. Board — Membership — Appointment — Qualification.

The board shall be composed of seven (7) members to be appointed by the governor. Not more than four (4) members shall at any time belong to the same political party. Members shall be well informed and interested in the construction and maintenance of public highways and highway systems, and their selection and appointment shall be made solely with regard to the best interests of the various functions of the board. At least one (1) member shall have special training, experience or expertise in the field of aeronautical transportation. Each member at the time of his appointment shall have been a citizen, resident and taxpayer of the state of Idaho and of the district from which he is appointed for at least five (5) years. During his tenure of office no member shall hold or occupy any federal, state, county, or municipal elective or other appointive office, or any office in any political party.

§ 40-303. Creation of districts — Residence of board members — Term of office.

1. For the purposes of selection of members of the board, the state of Idaho shall be divided into six (6) director districts as follows:
   1. District No. 1. The counties of Benewah, Bonner, Boundary, Kootenai and Shoshone.
   2. District No. 2. The counties of Clearwater, Idaho, Latah, Lewis and Nez Perce.
   3. District No. 3. The counties of Ada, Adams, Boise, Canyon, Elmore, Gem, Owyhee, Payette, Valley and Washington.
   4. District No. 4. The counties of Blaine, Camas, Cassia, Gooding, Jerome, Lincoln, Minidoka and Twin Falls.
   5. District No. 5. The counties of Bannock, Bear Lake, Bingham, Caribou, Franklin, Oneida and Power.
   6. District No. 6. The counties of Bonneville, Butte, Clark, Custer, Fremont, Jefferson, Lemhi, Madison and Teton.
2. Each of the districts shall be represented by one (1) member appointed from that district. A seventh member of the board shall be appointed from the state at large and shall act as chairman of the board. The governor shall appoint all members and the members are subject to confirmation by the senate. The chairman of the board shall serve at the pleasure of the governor for an indefinite period. The terms of office of the members of the board representing the six (6) districts are as follows:
   1. One (1) member shall be appointed from district no. 1 to serve an initial term expiring January 31, 2001, and thereafter the term shall be for six (6) years;
   2. The member of the board from district no. 2 serving on the effective date of this act shall continue in office for the balance of the term to which he was appointed, January 31, 1998, and thereafter the term of office shall be six (6) years;
   3. One (1) member shall be appointed from district no. 3 to serve an initial term expiring January 31, 1997, and thereafter the term of office shall be six (6) years;
   4. The member of the board from district no. 4 serving on the effective date of this act shall continue in office for the balance of the term to which he was appointed, January 31, 2000, and thereafter the term shall be six (6) years;
   5. One (1) member shall be appointed from district no. 5 to serve an initial term expiring January 31, 1999, and thereafter the term shall be for six (6) years; and
   6. The member of the board from district no. 6 serving on the effective date of this act shall continue in office for the balance of the term to which he was appointed, January 31, 1996, and thereafter the term shall be for six (6) years.

§ 40-304. Oath of office — Bond.

Each member of the board shall receive a certificate of appointment from the governor, and before entering upon the discharge of his official duties shall file with the secretary of state a declaration of the political party to which the board member belongs, and the member shall also be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code.

§ 40-305. Removal of board members.

The governor may remove any board member for incompetency, inefficiency, intemperance, misconduct in office, neglect or dereliction of duty. Charges in writing, setting forth fully and concisely the cause and grounds of removal, together with a citation directing the member within fifteen (15) days after the service of the charges and citation to appear and be afforded a public hearing in the office of the governor, shall be effected by delivering a copy of the charges to the member or mailing it by United States registered mail in a sealed envelope with postage fully prepaid, addressed to the member at his last address of record. The appearance may be personal or by answer, and by counsel. Service of the charges and citation shall be complete if delivered personally at the time of delivery, and if mailed at the time of deposit in accordance with the provisions of the Code of Civil Procedure relating to service by mail. A complete transcript of the hearing, including the charges, answers, exhibits and testimony and proceedings, findings, decision and order, shall be made. If the member is removed from office, the completed transcript shall within ten (10) days after the decision be filed with the secretary of state.

§ 40-306. Compensation and reimbursement for expenses.

Each member of the board shall be compensated as provided by section 59-509(i), Idaho Code. The compensation and expenses shall be allowed and paid from the state highway and the state aeronautic’s accounts.

§ 40-307. Office of board — Organization meetings — Officers. — The permanent offices of the board shall be maintained in Ada county, in suitable offices and quarters, with equipment, records and supplies as may be deemed necessary to carry out the provisions of this title. The members of the board shall select a vice chairman at the February meeting of each year, and the board shall adopt a seal having upon it the words, “Idaho Transportation Board

State of Idaho.” The secretary of the board shall have care and custody of the seal. The board shall appoint a secretary and fix his compensation. The secretary shall hold office subject to the pleasure of the board, and carry out administrative duties as delegated to him. For the administration of their functions the board may employ other employees and personnel as may be deemed necessary, prescribe their duties, and fix their compensation.

§ 40-308. Meetings — Quorum.

The board shall hold not less than twelve (12) regular meetings each year, on a day of each month as the board shall determine, unless a legal holiday, then on the next ensuing business day, for the purpose of transacting business as may come before it. The chairman of the board shall preside over all meetings, except that he shall only be permitted to vote in the case of a tie vote. In the absence of the chairman, the vice chairman shall preside over meetings, except that he shall have full voting privileges. Additional regular meetings may be held as the board shall determine in its by-laws, rules and regulations. Special meetings of the board may be called at any time and from time to time by four (4) members of the board, and on the written request of the director, showing the necessity and purpose for a meeting. The board chairman may call a special meeting specifying the time, place and purpose of the meeting. The secretary shall cause due notice to be given to each member, either personally or by telephone, mail or telegraph, of the time, place and purpose of all special and regular meetings, and upon his failure so to do, notice may be given either by the chairman or the four (4) members concurring in calling any meeting. Any meeting of the board at which all of the members are present shall be as valid as if held pursuant to proper notice, and should a meeting be held without notice when all members are not present, if the absent member or members shall have signed a waiver, or shall subsequently sign the minutes of the meeting, it shall be as valid and binding as though called upon due notice. A majority of the members of the board shall constitute a quorum and a majority of all members of the board shall be necessary for the authorization of any act by the board, except as otherwise herein provided.

§ 40-309. Powers and duties — Vested powers.

The board is vested with the following functions, powers and duties:

1. To contract fully, in the name of the state of Idaho, with respect to the rights, powers and duties vested in the board by this title.
2. Sue and be sued in its own name.

§ 40-310. Powers and duties — State highway system.

The board shall:

1. Determine which highways in the state, or sections of highways, shall be designated and accepted for the purpose of this title as a part of the state highway system.
   1. In determining which highways or section of highways shall be a part of the state highway system, the board shall consider the relative importance of each highway to cities, existing business, industry and enterprises and to the development of cities, natural resources, industry and agriculture and be guided by statistics on existing and projected traffic volumes. The board shall also consider the safety and convenience of highway users, the common welfare of the people of the state, and of the cities within the state and the financial capacity of the state of Idaho to acquire rights-of-way and to construct, reconstruct and maintain state highways. In making a determination, the board must, before it can abandon, relocate, or replace by a new highway, any highway serving or traversing any city, or the area in which the city is located, specifically find and determine that the benefits to the state of Idaho are greater than the economic loss and damage to the city affected. No highway serving or traversing any city shall be abandoned, relocated or replaced by a new highway serving the area in which a city is located without the board first holding a public hearing in that city. The abandonment shall proceed as set forth in section 40-203B, Idaho Code.
2. The board shall cause to be prepared and publicly displayed in a conspicuous place in their offices a complete map of the state highway system in which each section shall be identified by location, length and a control number. The map shall be of a suitable size and scale and contain data and information as deemed appropriate by the board. Periodically, and not less than once each year, the board shall revise and correct the map to record the changes in the designated state highway system resulting from additions, abandonments and relocations. Hand maps of the state highway system shall be issued periodically for public distribution.
3. Abandon the maintenance of any highway and remove it from the state highway system, when that action is determined by the unanimous consent of the board to be in the public interest.
4. Locate, design, construct, reconstruct, alter, extend, repair and maintain state highways, and plan, design and develop statewide transportation systems when determined by the board to be in the public interest.
5. Establish standards for the location, design, construction, reconstruction, alteration, extension, repair and maintenance of state highways, provided that standards of state highways through local highway jurisdictions shall be coordinated with the standards in use for the systems of the respective local highway jurisdictions. The board shall make agreements with local highway jurisdictions having within their limits state highway sections in the category described in section 40-502, Idaho Code, and provide for an equitable division of the maintenance of those sections. The board may also, in the interest of economy and efficiency, arrange to have any or all of the state highway sections within local highway jurisdictions maintained by those local highway jurisdictions, the cost of the work as limited by section 40-502, Idaho Code, to be reimbursed by the state.
6. Cause to be made and kept, surveys, studies, maps, plans, specifications and estimates for the alteration, extension, repair and maintenance of state highways, and so far as practicable, of all highways in the state, and for that purpose to demand and to receive reports and copies of records from county commissioners, commissioners of highway districts, county engineers and directors of highways and all other highway officials within the state.
7. Approve and determine the final plans, specifications and estimates for state highways and cause contracts for state highway work to be let by contract in the manner provided by law.
8. Expend funds appropriated for construction, maintenance and improvement of state highways.
9. Designate state highways, or parts of them, as controlled-access facilities and regulate, restrict or prohibit access to those highways to serve the traffic for which the facility is intended.
10. Close or restrict the use of any state highway whenever the closing or restricting of use is deemed by the board to be necessary for the protection of the public or for the protection of the highway or any section from damage.
11. Designate main traveled state highways as through highways. The traffic on through highways shall have the right-of-way over the traffic on any other highway intersecting with it, provided, that at the intersection of two (2) through highways the board shall determine which traffic shall have the right-of-way.
12. Furnish, erect and maintain standard signs on side highways directing drivers of vehicles approaching a designated through highway to come to a full stop before entering or crossing the through highway.
13. Provide a right-of-way for and supervise the construction of side paths or sidewalks along regularly designated state highways outside the boundaries of incorporated cities and the expenditures for the construction of them may be made from the highway funds of the county or highway districts.
14. Upon certification and requisition of an appropriate board, commission, governing body, or official head of any state institution and on the approval of the governor, showing the same to be necessary, construct, alter, repair, and maintain the roadways in, through, and about the grounds of state institutions. The construction, alteration, repair and maintenance shall be accomplished and paid for from the state highway account in accordance with the provisions of chapter 7, title 40, Idaho Code. This provision shall not be construed to divest any board, commission, governing body, or official head of an institution their constitutional or statutory powers.

§ 40-312. Powers and duties — Rules and regulations.

The board shall:

1. Prescribe rules and regulations affecting state highways and turnpike projects and enforce compliance with those rules and regulations.
2. Establish rules and regulations for the expenditure of all moneys appropriated or allotted by law to the department or the board. The board shall cooperate with the counties and highway districts in the expenditure of funds and shall establish a uniform system of accounting in the expenditure of moneys and a uniform method for allocation of funds by counties and highway districts as shall be necessary in the construction and maintenance of highways by counties and districts in cooperation with the state and the United States, or either, but the initiatory power of expenditure of any of those moneys shall rest with the county or district in which expenditure of the moneys mentioned is to be made.
3. Make reasonable regulations for the installation, construction, maintenance, repair, renewal and relocation of facilities of any utility or communication transmitting entity, in, on, along, over, across, through or under any project on the federal-aid primary or secondary systems or on the interstate system, including extensions within urban areas. Whenever the board shall determine, after notice and opportunity for hearing, that it is necessary that any facilities which now are, or hereafter may be, located in, on, along, over, across, through or under any federal-aid primary or secondary system or on the interstate system, including extensions within urban areas, should be relocated, the utility owning or operating the facilities shall relocate them in accordance with the order of the board. In case of any relocation of facilities, the utility owning or operating the facilities, its successors or assigns, may maintain and operate the facilities, with the necessary appurtenances, in the new location or locations.
4. Prescribe and enforce regulations for the erection and maintenance of advertising structures permitted by sections 40-1909, 40-1913 and 40-1914, Idaho Code, designed to protect the safety of the users of the highway and otherwise to achieve the objectives set forth in section 40-1903, Idaho Code, and consistent with the national policy set forth in 23 U.S.C. 131 and the national standards promulgated by the secretary of transportation. The board shall not prescribe or enforce rules or regulations that are more restrictive than those authorized under 23 U.S.C. 131. Proceedings for review of any action taken by the board pursuant to this section shall be instituted under the provisions of chapter 52, title 67, Idaho Code.
5. Prescribe rules and regulations to implement the provisions of chapter 20, title 40, Idaho Code, and other rules and regulations relating to relocation assistance as may be necessary under existing federal laws and rules and regulations promulgated thereunder. Rules and regulations shall include provisions relating to:
   1. Standards for decent, safe and sanitary dwellings;
   2. Eligibility of displaced persons for relocation assistance payments, procedural methods whereby persons may make application for and claim payments and the amounts of them; and
   3. Other rules and regulations consistent with the provisions of chapter 20, title 40, Idaho Code, as are considered necessary or appropriate to carry out the provisions of that chapter.
6. Establish by rule a statewide comprehensive plan for public transportation.

§ 40-313. Powers and duties — Beautification and information.

The board shall:

1. Furnish, erect and maintain, whenever necessary for public safety and convenience, suitable signs, markers, signals and other devices to control, guide and warn pedestrians and vehicular traffic entering or traveling upon the state highway system.
2. Forbid, restrict or limit the erection of unauthorized signs, billboards or structures on the right-of-way of any state highway, and remove therefrom and destroy any unauthorized signs existing on them.
3. Acquire, maintain and improve areas adjacent to highways on the state highway system for the restoration, preservation, and enhancement of scenic beauty, for use as informational sites, and for rest and recreation of the traveling public. The areas shall be parallel to and contiguous with the highway and shall not exceed a width of one thousand (1,000) feet from the adjacent right-of-way line. The board may acquire these areas in fee, easement, or other interest as may be determined by the board to be reasonably necessary to accomplish the purposes of chapter 15, title 40, Idaho Code. Such acquisition is declared to be for a highway use, and may be by gift, purchase, exchange or eminent domain, and if the latter be necessary, it shall be carried out in the same manner as now provided by law for acquisition of right-of-way for state highways.
4. Screen, if feasible, any junkyard lawfully in existence on March 20, 1967, which are within one thousand (1,000) feet of the nearest edge of the right-of-way and visible from the main traveled way of any highway on the interstate or primary system and not located within an industrial area, zoned or unzoned. The responsibility of the board for screening junkyards is limited to the size of the junkyards and height of storage existing as of March 20, 1967. Any screening, after March 20, 1967, required by an increase in the size of the junkyard or the height of the storage in it shall be the responsibility of the owner and will be done at his expense. The board is authorized to acquire by purchase, gift or the power of eminent domain the lands or interest in lands as may be necessary to provide adequate screening of junkyards, but eminent domain proceedings may not be undertaken to obtain adjacent lands unless they are owned by the owner of the junkyard or the lands of the junkyard are inadequate for this purpose. When the board determines that the topography of the land will not permit adequate screening of junkyards within one thousand (1,000) feet of the nearest edge of the right-of-way of the highway on the interstate or primary system or the screening of the junkyards would not be economically feasible, the board must acquire by gift, purchase or the power of eminent domain, any interests necessary to secure the removal or disposal of the junkyard.

§ 40-314. Powers and duties — Departmental.

The board shall:

1. Establish departmental internal structures deemed necessary for the full and efficient administration of this title.
2. Exercise exclusive control over the employment, promotion, reduction, dismissal and compensation of all employees of the department.
3. Exercise any other powers and duties, including the adoption of rules and regulations, deemed necessary to fully implement and carry out the provisions of this title and the control of the financial affairs of the board and the department.

§ 40-315. Powers and duties — Federally-funded highway project financing.

1. In order to address the increasing need for timely improvements to Idaho’s highway transportation infrastructure, the board may:
   1. Enter into agreements with the Idaho housing and finance association in connection with the funding of highway transportation projects qualifying for reimbursement from federal funds.
   2. Approve and recommend federal highway transportation projects to the Idaho housing and finance association for financing by the association. Such federal highway transportation projects shall be eligible for federal-aid debt financing under chapter 1, title 23, United States Code, and approval by the federal highway administration as an advanced construction (AC) project thereunder. The board shall select and designate such transportation projects to be funded with bond proceeds from the following list of eligible projects:
   3. On and after July 1, 2008, all allocations of GARVEE bond proceeds shall be the sole responsibility and duty of the Idaho transportation board. The legislature shall have authority to approve a total GARVEE bond amount on an annual basis. However, the Idaho transportation board is directed to allocate bond revenue only among the projects listed in subsection (1)(b) of this section. In making its funding allocation for projects, the board shall take into consideration: the cost of the project and whether or not that project could be financed without bonding; whether the project is necessary to facilitate the traffic flow on vital transportation corridors; and whether the project is necessary to improve safety for the traveling public. On and after July 1, 2008, the board shall use due care in selecting projects for bonding and shall balance and coordinate the use of bonding with the use of highway construction moneys.
2. Prior to issuance by the Idaho housing and finance association of any bonds or notes to finance highway transportation projects, the board shall certify to the association that sufficient federal transportation funds are available to make any payments required for such bonds or notes. (3) The board shall limit annual, total cumulative debt service and other bond-related expenses as follows:
   1. In the 2006 legislative session for the fiscal year 2007 budget, total cumulative debt service and other bond-related expenses on federally-funded highway project financing shall be no more than twenty percent (20%) of annual federal-aid highway apportionments.
   2. In the 2007 legislative session for the fiscal year 2008 budget, total cumulative debt service and other bond-related expenses on federally-funded highway project financing shall be no more than twenty percent (20%) of annual federal-aid highway apportionments.
   3. In the 2008 legislative session for the fiscal year 2009 budget, total cumulative debt service and other bond-related expenses on federally-funded highway project financing shall be no more than twenty percent (20%) of annual federal-aid highway apportionments.
   4. In the 2009 legislative session for the fiscal year 2010 budget, total cumulative debt service and other bond-related expenses on federally-funded highway project financing shall be no more than twenty percent (20%) of annual federal-aid highway apportionments.
   5. In the 2010 legislative session for the fiscal year 2011 budget, total cumulative debt service and other bond-related expenses on federally-funded highway project financing shall be no more than thirty percent (30%) of annual federal-aid highway apportionments.
   6. Beginning with the 2011 legislative session for the fiscal year 2012 budget, or for any year thereafter, the thirty percent (30%) limit may be exceeded, but only by affirmative action of both the house of representatives and the senate, and with the approval of the governor.

ROUTE      PROJECT DESCRIPTION

US-95      SH-1 to Canadian border

US-95      Garwood to Sagle

US-95      Worley to Setters

US-95      Thorn Creek to Moscow

US-95      Smokey Boulder to Hazard Creek

SH-16 Ext      I-84 to South Emmett

I-84      Caldwell to Meridian

I-84      Orchard to Isaacs Canyon

US-93      Twin Falls alternate route and new Snake River crossing

SH-75      Timmerman to Ketchum

US-20      St. Anthony to Ashton

US-30      McCammon to Soda Springs

Notwithstanding the provisions of subsection (1)(b) of this section wherein eligible projects are listed for selection and designation by the board, if any of the designated projects are deemed to be ineligible by the board, the board shall have the authority to replace those projects with other projects listed in subsection (1)(b) of this section.

(4) In the event the board selects and designates to be funded with bond proceeds any of the transportation projects listed in subsection (1) of this section, and prior to entering into agreements with the Idaho housing and finance association as provided herein, the Idaho transportation department, as part of its annual budget request prepared pursuant to section 67-3502, Idaho Code, shall include a request for bonding authority as a separate item of its budget request. This request for bonding authority shall include a list of planned highway transportation projects to be financed with such bond financing during the next succeeding fiscal year.

(5) By June 30 of each year, the board shall submit a report to the legislature concerning projects currently under construction using the bond financing as authorized by the provisions of this section, and shall include a list of planned highway transportation projects to be financed with such bond financing during the next succeeding fiscal year.

§ 40-316. Powers and duties — Reports.

The board shall:

1. Make annually, on or before December 1 of each year and at other times as the governor may require, reports in writing to the governor concerning the condition, management and financial transactions of the department.

§ 40-317. Powers and duties — Cooperative efforts.

The board may:

1. Cooperate with, and receive and expend aid and donations from, the federal government for transportation purposes and receive and expend donations from other sources for the construction and improvement of any state highway or transportation project or any project on the federal-aid primary or secondary systems or on the interstate system, including extensions of them within urban areas; and, when authorized or directed by any act of congress or any rule or regulation of any agency of the federal government, expend funds donated or granted to the state of Idaho by the federal government for that purpose, upon highways and bridges not in the state highway system.
2. Contract jointly with counties, cities, and highway districts for the improvement and construction of state highways.
3. Cooperate with the federal government, counties, highway districts, and cities for construction, improvement, and maintenance of secondary or feeder highways not in the state highway system.
4. Cooperate financially or otherwise with any other state or any county or city of any other state, or with any foreign country or any province or district of any foreign country, or with the government of the United States or its agencies, or private agencies or persons, for the erecting, construction, reconstructing, and maintaining of any bridge, trestle, or other structure for the continuation or connection of any state highway across any stream, body of water, gulch, navigable water, swamp or other topographical formation requiring any such structure and forming a boundary between the state of Idaho and any other state or foreign country, and for the purchase or condemnation or other acquisition of right-of-way.
5. Serve as the state’s representative in the designation of forest highways within the state.
6. Negotiate and enter into bilateral agreements with designated representatives of contiguous states. Agreements may provide for the manning and operation of jointly occupied ports of entry, for the collection of highway user fees, registration fees and taxes which may be required by law, rule and regulation. Agreements may further provide for the collection of these fees and taxes by either party state at jointly occupied ports of entry before authorization is given for vehicles to legally operate within that state or jurisdiction, and for the enforcement of safety, size and weight laws, rules or regulations of the respective states. As to the provisions of chapter 30, title 63, Idaho Code, the state tax commission is hereby authorized to enter into reciprocal agreements with other states concerning the exemption of, or taxation of, persons employed by the state of Idaho or of another state in jointly operated ports of entry. As used in this section, “jointly operated ports of entry” shall mean any state operated facility located within or without this state that employs persons that are direct employees of the state of Idaho and of another state which operates for the mutual benefit of both states.
7. Pursuant to the authority and process defined in sections 67-2328 and 67-2333, Idaho Code, enter into agreements with authorized representatives of contiguous states for the purpose of establishing reciprocal procedures allowing the Idaho transportation department and contiguous state motor vehicle departments to collect fees for and to issue driver’s licenses and identification cards to nonresident individuals in the same manner as would be issued in the individual’s home state, provided that no Idaho driver’s license or Idaho identification card may be issued to a nonresident of the state of Idaho and that any reciprocal agreement under this provision shall otherwise be consistent with the driver license compact, chapter 20, title 49, Idaho Code. (8) Enter into all contracts and agreements with the United States government in the name of the state of Idaho, relating to the survey, construction and maintenance of roads, under the provisions of any act of congress including county and city highways, and submit a program of construction and maintenance as may be required by the United States government or any of its agencies, and do all other things necessary to cooperate and complete those programs.

§ 40-318. Limitation of political activity.

1. No officer or employee of the department or board shall:
   1. Use his official authority or influence for the purpose of interfering with an election to or a nomination for office, or affecting the result thereof;
   2. Directly or indirectly coerce, attempt to coerce, command, or direct any other such officer or employee to pay, lend, or contribute any part of his salary or compensation or anything else of value to any party, committee, organization, agency, or person for political purposes; or
   3. Be a candidate and hold elective office in any partisan election.
2. All such officers and employees shall retain the right to:
   1. Register and vote in any election;
   2. Express an opinion as an individual privately and publicly on political subjects and candidates;
   3. Display a political picture, sticker, badge, or button;
   4. Participate in the nonpartisan activities of a civic, community, social, labor, or professional organization, or of a similar organization;
   5. Be a member of a political party or other political organization and participate in its activities;
   6. Attend a political convention, rally, fund-raising function, or other political gathering;
   7. Sign a political petition as an individual;
   8. Make a financial contribution to a political party or organization;
   9. Take an active part in support of a candidate in an election;
   10. Be politically active in connection with a question which is not specifically identified with a political party, such as a constitutional amendment, referendum, approval of a municipal ordinance or any other question or issue of a similar character;
   11. Serve as an election judge or clerk, or in a similar position to perform nonpartisan duties as prescribed by state or local law;
   12. Be a candidate and hold elective office in any nonpartisan election;
   13. Take an active part in political organization management; and
   14. Otherwise participate fully in public affairs, except as prohibited by law, in a manner which does not materially compromise the neutrality, efficiency, or integrity of the officer’s or employee’s administration of state functions.

§ 40-319. Good faith of state pledged to appropriation.

For the construction and maintenance of highways as may be eligible for federal aid funds, excepting turnpike projects, the good faith of the state is pledged to make available funds which combined with funds made available by counties, highway districts and cities sufficient to match funds made available to the state of Idaho by the United States government for highway purposes and for the purpose of evidencing good faith, the board in the name of the state, is authorized to enter into any and all agreements with the United States government under rules and regulations approved by the United States government or any of its agencies.

§ 40-320. State highway construction and right-of-way costs borne by state — Exceptions.

All costs of constructing, reconstructing and acquiring rights-of-way for highways in the state highway system shall be borne by the state. However, when a county or incorporated city in which a state highway is located, or is to be located, desires a higher standard of construction or reconstruction than is planned, the county or city may, with the approval of the board, pay the additional cost.

§ 40-321. Commercial enterprises on prohibited access highways prohibited — Exception — Connecting service highways.

No commercial enterprise or activity for serving motor vehicle users, other than emergency services for disabled vehicles and vending machines permitted under the provisions of federal law or federal rule and section 67-5411, Idaho Code, and board right-of-way use permit shall be conducted within or on any property designated as, or acquired for, or in connection with a prohibited access highway, as designated by the Idaho transportation board. However, the board may construct on that property, at locations it deems appropriate, connecting service highways parallel to the prohibited access highways in such manner as to facilitate the establishment and operation of commercial enterprises for serving motor vehicle users on private property abutting those service highways.

§ 40-322. Directive on implementation of the federal REAL ID act of 2005.

1. The legislature finds that the enactment into law by the U.S. congress of the REAL ID act of 2005, as part of public law 109-13, was adopted by the U.S. congress in violation of the principles of federalism contained in the 10th amendment to the constitution of the United States. The legislature reaffirms this position, while acknowledging that failure to implement certain provisions could adversely affect Idaho’s citizens and businesses. Furthermore, it is the intent of the legislature to continue to protect the privacy and security of the state’s residents.
2. The legislature hereby declares that the state of Idaho shall:
   1. Meet the requirements for driver’s licenses and identification cards, as described in title II of the REAL ID act of 2005, as such requirements existed on January 1, 2016;
   2. Not comply with any additional requirements enacted after January 1, 2016, without the express statutory approval of the Idaho state legislature;
   3. Submit compliance extension requests and status reports for the purposes outlined in paragraph (a) of this subsection to the United States department of homeland security.
   4. At such time as the Idaho transportation board and the Idaho transportation department achieve approval by the department of homeland security for issuance of REAL ID compliant driver’s licenses and identification cards, any applicant for an Idaho driver’s license or identification card shall be offered the option of obtaining a REAL ID compliant license or identification card or an Idaho driver’s license or identification card that is not REAL ID compliant. In offering an applicant the option of a REAL ID compliant or REAL ID noncompliant driver’s license or identification card, the department shall provide the applicant with written information of the following for both REAL ID compliant and noncompliant driver’s licenses and identification cards:
      1. The purposes for which REAL ID compliant and noncompliant driver’s licenses and identification cards are valid;
      2. What types, if any, of electronic copies of source documents will be retained by the department for REAL ID compliant and noncompliant driver’s licenses and identification cards;
      3. Whether facial image capture will be retained by the department, even if a driver’s license or identification card is not issued, for REAL ID compliant and noncompliant driver’s licenses and identification cards; and
      4. Any other information the department deems necessary to inform the applicant about REAL ID compliant and noncompliant driver’s licenses and identification cards.
3. This act shall be construed as to allow the Idaho transportation board and the Idaho transportation department to take reasonable and necessary steps to enhance the security of Idaho state driver’s licenses and identification cards to ensure their acceptance for commercial airline travel within the United States.

§ 40-401. Turnpike projects.

The board is empowered to construct, maintain, repair and operate turnpike projects at locations established by it, and shall be an instrumentality exercising public and essential governmental functions in the construction, operation and maintenance of turnpike projects.

§ 40-402. Identification of turnpike projects.

Each specific turnpike project shall be clearly identified by an appropriate descriptive name and shall be operated as a separate enterprise. When a turnpike project is proposed by the board, it shall provide all surveys necessary to establish its economic feasibility, including the origin and destination counts, engineering surveys and other reports which may be required in order to secure adequate financing.

§ 40-403. Incidental powers — Grade separations — Relocation of public highways — Right of entry.

1. The board shall have power to construct grade separations at intersections of any turnpike project with public highways and to change and adjust the lines and grades of those highways in order to accommodate them to the design of the grade separation. The cost of the grade separations and any damage incurred in changing and adjusting lines and grades of highways shall be ascertained and paid by the board as a part of the cost of the turnpike project.
2. If the board shall find it necessary to change the location of any portion of any public highway, it shall cause it to be reconstructed at a location as the highway board having jurisdiction over the highway to be reconstructed shall deem most favorable and of substantially the same type and in as good condition as the original highway. The cost of reconstruction and any damage incurred in changing the location of any highway shall be ascertained and paid by the board as a part of the cost of the turnpike project.
3. Any highway affected by the construction of any turnpike project may be changed or relocated by the board in the manner provided by law for the vacation or relocation of public highways, and any damage awarded shall be paid by the board as a part of the cost of the project.
4. The board and its authorized agents and employees may enter upon any lands, waters and premises in the state for the purposes of making surveys, soundings, drillings and examinations as it may deem necessary or convenient for the purposes of a turnpike project, and such an entry shall not be deemed a trespass, nor shall an entry for those purposes be deemed an entry under any condemnation proceedings which may be then pending. The board shall make reimbursement for any actual damages resulting to the lands, water, and premises as a result of those activities.

§ 40-404. Feeder highways.

1. The board is authorized to:
   1. Construct, repair and maintain any feeder highway which in the opinion of the board will increase the use of a turnpike project to which the highway is a feeder;
   2. Assume maintenance and repair operations of an existing highway which is needed as a feeder highway. Before exercising these powers, consent of local authority exercising jurisdiction over the existing highway must be obtained; and
   3. Realign an existing highway and build additional sections of highway over new alignment in connection with the existing highway.
2. Where a feeder highway is constructed over new alignment, the board is granted the same powers concerning construction as is granted in connection with the construction of the turnpike project. Any feeder highway, eighty per cent (80%) or more of which is built over new alignment, shall for the purposes of this section be deemed to be a new feeder highway.
3. Where the board has constructed a new feeder highway, it shall have the obligation to maintain and repair the new feeder highway.
4. No toll shall be charged for transit between points on any feeder or new feeder highway.

§ 40-405. Tolls, fixing and collecting.

1. The board is authorized to fix, revise, charge and collect tolls for the use of each turnpike project and the different parts or sections of the project, and to contract with any person, partnership, association or corporations desiring the use of any part of the project, including the right-of-way adjoining the paved portion, for the placement of telephone, telegraph, electric light or power lines, gas stations, garages, stores, hotels, and restaurants, or for any other purpose except for tracks for railroad or for railway use, and to fix the terms, conditions, rents and rates of charge for that use.
2. The board shall construct any gasoline service facilities which it may determine are needed on the project, and to afford users of the project a reasonable choice of motor fuels of different brands. Each gasoline service station shall be separately offered for lease upon sealed bids. Notice of the offer shall be published once a week in three (3) successive weeks in a newspaper having general circulation in the state. If acceptable bids are received, in the judgment of the board, each lease shall be awarded to the highest and best bidder, but no person shall be awarded or have the use of, nor shall motor fuel identified by trade marks, trade names or brands of any one (1) supplier, distributor or retailer of such fuel be sold at more than one (1) service station if they would constitute more than twenty-five per cent (25%) of the service stations on the entire project.
3. No contract shall be required and no rent, fee or other charge of any kind shall be imposed for the use and occupation of any turnpike project for the installation, construction, use, operation, maintenance, repair, renewal, relocation or removal of tracks, pipes, mains, conduits, cables, wires, towers, poles or other equipment or appliances in, on, along, over or under any turnpike project by any public utility, person or corporation paying a tax for the privilege of using the public highways or other public places in the state.
4. Tolls shall be so fixed and adjusted as to carry out and perform the terms and provisions of any contract with or for the benefit of bondholders. Tolls shall not be subject to supervision or regulation by any other department, division, bureau, commission, board, or agency of the state. The use and disposition of tolls and revenues shall be subject to the provisions of a resolution by the board in authorizing the issuance of bonds or of a trust agreement securing them.

§ 40-405A. Apportionment of funds from highway distribution account to local units of government. [Repealed.]

§ 40-405B. Creation of local bridge inspection account

Administration. [Repealed.]

§ 40-405C. Apportionment of costs. [Repealed.]

§ 40-406. Trust funds.

All moneys received relating to turnpike projects, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely for turnpike projects. A resolution authorizing bonds of any issue or a trust agreement securing bonds shall provide that any officer with whom, or any bank or trust company with which, the moneys shall be deposited shall act as trustee of the money and shall hold and apply it for the purposes of the turnpike project, subject to the resolution or as a trust agreement may provide.

§ 40-407. Remedy.

The only remedy available to any holder of bonds, or any of the coupons appertaining to them, and the trustee under any trust agreement, except to the extent the rights given may be restricted by a trust agreement, shall be to the particular turnpike project account and not against the state or any of its political subdivisions. A statement to this effect shall be printed on the face of all turnpike revenue bonds and any attached coupons.

§ 40-408. Tax exemption — Turnpike projects.

The exercise of powers for turnpike projects shall be in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, and the improvement of turnpike projects by the board shall constitute the performance of essential governmental functions. The board shall not be required to pay any taxes or assessments upon any turnpike project or any property acquired or used by it relating to turnpike projects or upon the income from them, and any turnpike project and any property acquired or used by the board, and the income from them, and the bonds issued, their transfer and the income from them, including any profit made on the sale of them, shall be exempt from all taxation.

§ 40-409. Real property grants authorized — Annual report — Interest in contract penalized.

1. Each turnpike project when constructed and opened to traffic shall be maintained and kept in good condition and repair by the board. Each project shall also be operated by tolltakers and other operating employees as the board may in its discretion employ. Nothing contained in this chapter shall in any way affect the regular duties prescribed for state and local police officers.
2. All political subdivisions and all public departments, agencies and commissions of the state of Idaho, notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, lend, grant or convey to the board at its request, upon terms and conditions as the proper authorities of political subdivisions and departments, agencies and commissions of the state deem reasonable and fair, and without the necessity for advertisement, order of a court or other action or formality, other than the regular and formal action of the authorities concerned, any real property which may be necessary or convenient to the effectuation of the authorized purposes of the board, including public highways and other real property already devoted to public use.
3. On or before December 1 each year the board shall make an annual report of its activities for the preceding fiscal year relating to turnpike projects to the governor and to the legislature. Each report shall set forth a complete operating and financial statement covering its operations during the year. The board shall cause an audit of its books and accounts to be made as required in section 67-450B, Idaho Code, and the cost of audits shall be treated as a part of the cost of construction or of operation of the turnpike project.
4. Any member, agent or employee of the board who is interested, either directly or indirectly, in any contract of another with the board, or in the sale of any property, either real or personal, to the board shall be guilty of a felony and punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for not more than five (5) years, or by both fine and imprisonment.

§ 40-410. Tolls.

When all turnpike revenue bonds and the interest on them shall have been paid, or a sufficient amount for the payment of all bonds and the interest on them to the maturity of them, shall have been set aside for the benefit of bondholders, the board shall continue to use toll revenues as may be necessary to continue the turnpike project in satisfactory condition and repair.

§ 40-411. Power to issue bonds — Credit of state not pledged.

1. The board shall have power and is authorized to issue, from time to time its negotiable notes and bonds in conformity with the applicable provisions of the uniform commercial code and section 40-412, Idaho Code, in a principle [principal] amount as the board shall determine to be necessary for sufficient funds for achieving a turnpike project, establishing the reserves to secure the notes and bonds, and all other expenditures of the board incidental and necessary or convenient to carry out its powers for turnpike projects.
2. Turnpike revenue bonds shall not be deemed to constitute a debt or liability of the state or of any political subdivision, or a pledge of the faith and credit of the state or of any political subdivision, but the bonds, unless refunded by bonds of the board, shall be payable solely from funds pledged or available for their payment. All turnpike revenue bonds and any coupons appertaining to those bonds shall contain on the face a statement to the effect that the board is obligated to pay the same, or the interest on them, only from the tolls, other revenue and proceeds of the bonds and that neither the state nor any political subdivision is obligated to pay the same or the interest on them, and that neither the faith and credit nor the taxing power of the state or any political subdivision is pledged to the payment of the principal of or the interest on the bonds.

§ 40-412. Bonds of board as turnpike authority.

1. The board is authorized to provide by resolution for the issuance of bonds of the board for any of its corporate purposes, including the refunding of its bonds. The principal of and the interest on any issue of bonds shall be payable solely from and may be secured by a pledge of tolls and other revenues of all or any part of the turnpike project financed in whole or in part with the proceeds of the issue or with the proceeds of bonds refunded or to be refunded by the issue. The proceeds of the bonds may be used or pledged for the payment or security of the principal of or interest on bonds and for the establishment of any or all reserves for payment or security, or for other corporate purposes as the board may authorize in the resolution authorizing the issuance of bonds or in a trust agreement securing them. The bonds of each issue shall be dated, shall bear interest at a rate, shall mature at a time not exceeding thirty (30) years from their date, as may be determined by the board and may be made redeemable before maturity, at the option of the board, at a price and under terms and conditions as may be fixed by the board prior to the issuance of the bonds. The board shall determine the form of the bonds including any interest coupons to be attached, and shall fix the denomination of the bonds and the place of payment of principal and interest, which may be at any bank or trust company within or without the state. The bonds shall be signed by the chairman of the board or shall bear his facsimile signature, and the official seal of the board or a facsimile shall be impressed, imprinted, engraved or otherwise reproduced on them. The official seal or facsimile shall be attested by the secretary of the board or by other officer or agent as the board shall appoint and authorize. Any coupons attached to the bonds shall bear the facsimile signature of the chairman of the board. In the event any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be an officer before the delivery of the bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery. Bonds issued shall have and are declared to have all the qualifications and incidents of negotiable instruments. Bonds may be issued in coupon or in registered form, or both, as the board may determine, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, and for the reconversion into coupon bonds of any bonds registered as to both principal and interest. The board may sell bonds in a manner and for a price, as it may determine to be for the best interest of the board. Neither the members of the board nor any person executing the bonds shall be personally liable on the bonds or be accountable by reason of the issuance of them.
2. Proceeds of the bonds of each issue shall be disbursed in a manner and under restrictions, if any, as the board may provide in the resolution authorizing the issuance of the bonds or in a trust agreement securing them.
3. Prior to the preparation of definitive bonds, the board may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when those bonds shall have been executed and are available for delivery. The board may also provide for the replacement of any bonds which shall become mutilated or shall be destroyed or lost. Bonds may be issued without obtaining consent of any department, division, bureau, commission, board or agency of the state, and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required.
4. The state does agree with holders of bonds that the state will not limit or restrict rights hereby vested in the board to establish and collect charges and tolls as may be convenient or necessary to produce sufficient revenue to meet the expenses of maintenance and operation of a turnpike project and to fulfill the terms of any agreements made with holders of bonds, or in any way impair the rights or remedies or [of] holders of bonds until the bonds, together with interest are fully paid and discharged.

§ 40-413. Trust agreement.

1. In the discretion of the board any bonds issued may be secured by a trust agreement by and between the board and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. A trust agreement or resolution providing for the issuance of bonds, subject to the provisions of section 40-412, Idaho Code, may pledge or assign tolls or other revenues to which the board’s right then exists or may subsequently come into existence, and moneys derived from them, and the proceeds of the bonds, but shall not convey or mortgage any turnpike project or any part of it. A trust agreement or resolution providing for the issuance of bonds may contain provisions for protecting and enforcing the rights and remedies of bondholders as may be reasonable and proper, and not in violation of law, including covenants setting forth the duties of the board in relation to the requisition of property and the construction, improvement, maintenance, repair, operation and insurance of a turnpike project or projects, the rates of tolls and revenues to be charged, the payment, security or redemption of bonds, and the custody, safeguarding and application of all moneys, and provisions for the employment of consulting engineers in connection with the construction or operation of a turnpike project or projects. It shall be lawful for any bank or trust company incorporated under the laws of the state which may act as depository of the proceeds of bonds or of revenues to furnish indemnifying bonds or to pledge any securities as may be required by the board. A trust agreement or resolution may set forth rights and remedies of bondholders and of the trustee, and may restrict individual rights of action by bondholders. In addition, a trust agreement or resolution may contain other provisions as the board may deem reasonable and proper for the security of bondholders. All expenses incurred in carrying out the provisions of a trust agreement may be treated as a part of the cost of the operation of the turnpike project.
2. Any pledge of tolls, other revenues, or other moneys made by the board shall be valid and binding from the time when the pledge is made. The tolls, other revenues, or other moneys pledged and subsequently received by the board shall immediately be subject to the lien of the pledge without any physical delivery or further act, and the lien of any pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the board, irrespective of whether the parties have notice of it.

§ 40-414. Refunding bonds.

The board is hereby authorized to provide by resolution for the issuance of refunding bonds of the board for the purpose of refunding any bonds then outstanding which shall have been issued, including the payment of any redemption premium and any interest accrued or to accrue to the date of redemption of the bonds, and, if deemed advisable by the board, for the additional purpose of constructing improvements, extensions, or enlargements of the turnpike project in connection with which the bonds to be refunded shall have been issued. The board is further authorized to provide by resolution for the issuance of its bonds for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of section 40-412, Idaho Code, including the payment of any redemption premium and any interest accrued or to accrue to the date of redemption of the bonds. The issuance of the bonds, the maturities and other details of them, the rights of the holders, and the rights, duties, and obligations of the board in respect of the bonds shall be governed by the provisions of this chapter insofar as they may be applicable.

§ 40-501. Transportation department.

An Idaho transportation department is established, and for the purposes of section 20, article IV of the constitution of the state of Idaho, is an executive department of state government. The department shall have as its head the Idaho transportation board, established by chapter 3, title 40, Idaho Code.

§ 40-502. Maintenance of state highways.

All state highways shall be maintained by the department at state expense, including sections of state highways located within local highway jurisdictions, except that in local highway jurisdictions where state highway sections are built to local highway jurisdictions standards, such as with curbs, sidewalks and areas available for parking and bus stops, the department shall maintain at state expense only the width of traveled way required for the movement of through highway traffic. The width of traveled way to be maintained at state expense shall not exceed the width of the traveled way of the state highways approaching the incorporated areas.

§ 40-503. Offices — Appointment — Qualifications — Compensation.

1. An office of the director of the Idaho transportation department is established, and the board shall appoint a director having knowledge and experience in transportation matters. The director shall serve at the pleasure of the board. The director shall not hold any other public office, nor any office in any political committee or organization, and shall devote full time to the performance of his official duties. The director shall receive compensation as the board may determine and shall be reimbursed for all actual and necessary travel and expenses incurred by him in the discharge of his official duties, not to exceed a sum approved by the board. Subject to the approval of the board, the director shall appoint a chief engineer of the department who shall serve at the pleasure of the director and the board, and who shall be exempt from the provisions of chapter 53, title 67, Idaho Code.
2. An office of the chief engineer of the department is established, and the chief engineer shall be a registered professional engineer, holding a current certificate of registration in accordance with the laws of this state, or who, having those qualifications shall within nine (9) months after his appointment, qualify as a registered professional engineer in accordance with the laws of Idaho. The chief engineer shall also have had five (5) years of actual experience in highway engineering, at least three (3) of which shall have been in an administrative capacity involving the direction of a substantial technical engineering staff. The chief engineer shall not hold any other public office, nor any office in any political committee or organization, and shall devote full time to the performance of his official duties under the control and direction of the director. The chief engineer shall receive compensation and reimbursement for travel and expenses as may be established by the director.

§ 40-504. Director — Bond.

Before entering upon the duties of his office, the director shall swear or affirm that he holds no other public office, nor any position under any political committee or organization. The affirmation shall be filed in the office of the secretary of state. The director shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code. The premium on the bond shall be a charge against the state, to be audited, allowed and paid as are other claims, out of the state highway and state aeronautics accounts.

§ 40-505. Director — Duties and powers.

The director shall be the technical and administrative officer of the board and under the board’s control, supervision and direction, shall have general supervision and control of all activities, functions and employees of the department. He shall enforce all provisions of the laws of the state relating to the department, the rules and regulations of the board, and shall exercise all necessary incidental powers.

§ 40-506. Compensation for taking certain property.

1. The department is authorized to acquire by purchase, gift or condemnation, all advertising displays and any property rights pertaining to them, when those advertising displays are required to be removed under the provisions of chapter 19, title 40, Idaho Code.
2. In any appropriation for this purpose the department shall pay compensation under existing eminent domain law only for the following:
   1. The taking from the owner of a sign, display, or device of all right, title, leasehold, and interest in the sign, display or device; and
   2. The taking from the owner of the real property on which the sign, display, or device is located, of the right to erect and maintain signs, displays and devices on that property. Where setback easements restricting the erection of structures or advertising displays have been recorded by the state on land where those structures have been erected, the landowner of the land shall be deemed to have been fully compensated for them.
3. In any action at law instituted by the department under this section the state shall not be required, as a prerequisite, to the taking of or appropriation to comply with section 7-704 2. or section 7-707 7., Idaho Code.

§ 40-507. Construction and maintenance of information centers.

1. The department may design, erect, authorize, supervise and maintain information centers at safety rest areas in a number and at locations as it may determine to be necessary to meet the need of safety and effectively provide information of specific interest to the traveling public.
2. Outdoor advertising placed within information centers shall be subject to all provisions of this title and all regulations promulgated by the board pursuant to the provisions of this title.
3. Application for a permit to place outdoor advertising within an information center shall be made on a form prescribed by the department, and all permits shall be issued for a period of at least one (1) year. The department shall charge or authorize fees for the permit and for renewal sufficient to amortize the cost of the structure within an information center upon which the outdoor advertising is placed within the expected life of the structure, and sufficient to pay for the maintenance of the structure.
4. The department will allow posters and signs to be placed by nonprofit anti-human trafficking organizations in or around safety rest areas. The posters and signs must be at least eight and one-half by eleven inches (8 ½′′ x 11′′) in size, must be mounted as tamper and vandalism resistant, and must contain toll-free telephone numbers and/or emergency contact numbers for victims of human trafficking, including the number for the “National Human Trafficking Resource Center” and the number for the Idaho state office of crime victims advocacy. The posters and signs may include text in a variety of languages. The posters and signs will be covered by a permit if the safety rest area or turnout is part of the highway right-of-way. Posters and signs containing the aforementioned contact numbers shall have all costs for the sign, installation, and/or maintenance provided by the aforementioned nonprofit anti-human trafficking organization(s). Temporary installation permits can include a memorandum of understanding (MOU), and encroachment permit, or a special event permit. The cost of poster and sign installment and maintenance shall be covered in the permit or MOU normally at the expense of the requestor.
5. As used in subsection (4) of this section:
   1. “Emergency contact numbers” means a hotline that is: available twenty-four (24) hours a day, seven (7) days a week; toll-free; operated by a nonprofit, nongovernmental organization; anonymous and confidential; and able to provide help, referral to services, training and general information;
   2. “Human trafficking” means the illegal movement of people, typically for the purposes of forced labor or commercial sexual exploitation;
   3. “Safety rest area” means a roadside area with restrooms and other facilities for the use of motorists.

§ 40-508. Traffic safety commission created — Membership.

1. An Idaho traffic safety commission is established within the department.
2. The commission shall be composed of not more than fifteen (15) members appointed by the director, who shall include the chairman of the transportation and defense committee of the house of representatives of the state and the chairman of the transportation committee of the senate of the state, plus the director or his representative who shall act as chairman. Members shall be representative of state and local traffic oriented agencies, the legislature, the judiciary, and private organizations and citizen groups.
3. The director shall employ necessary personnel, shall have general supervision and control of all activities, functions and employees, and shall enforce all provisions of the laws of the state relating to highway safety programs and administer any other activities as may be required by the federal highway safety act of 1966 and any amendments to it, and the rules and regulations of the board pertaining to it.

§ 40-509. Duties of traffic safety commission.

The commission shall:

1. Periodically review traffic safety problems in Idaho and develop effective plans for additional local-state cooperative activities;
2. Recommend to the director those agency programs and political subdivision programs to receive federal aid for highway safety in accordance with uniform federal standards;
3. Advise and recommend to the director future traffic accident prevention activities; and
4. Carry out any other activities as may be required by the federal highway safety act of 1966 and any amendments to it.

§ 40-510. Ports of entry or checking stations established — Motor vehicle investigator activities — Authority of the board to employ individuals.

1. To augment and help make more efficient and effective the enforcement of certain laws of the state of Idaho, the Idaho transportation department is hereby authorized and directed to establish from time to time temporary or permanent ports of entry or checking stations upon any highways in the state of Idaho, at such places as the Idaho transportation department shall deem necessary and advisable.
2. The board is authorized to appoint and employ individuals who shall have limited peace officer authority for the enforcement of such motor vehicle-related laws as are herein specified:
   1. Sections 18-3906 and 18-8001, Idaho Code;
   2. Sections 25-1105 and 25-1182(2), Idaho Code;
   3. Sections 40-510 through 40-512, Idaho Code;
   4. Chapters 1 through 5, 9, 10, 15 through 19, 22 and 24, title 49, sections 49-619, 49-660, 49-1407, 49-1418 and 49-1427 through 49-1430, Idaho Code;
   5. Authorized use of motor fuel on the highways and international fuel tax agreement (IFTA) provisions of chapter 24, title 63, Idaho Code;
   6. Section 67-2901A, Idaho Code; and
   7. Sections 49-676 and 63-2425, Idaho Code.
3. Motor vehicle investigators shall have the authority to access confidential vehicle identification number information.
4. Any employee so appointed shall have the authority to issue misdemeanor traffic citations in accordance with the provisions of section 49-1409, Idaho Code, and infraction citations in accordance with the provisions of chapter 15, title 49, Idaho Code.
5. No employee of the department shall carry or use a firearm of any type in the performance of his duties unless specifically authorized in writing by the director of the Idaho state police to do so.
6. The board is authorized to extend the authority as provided in this section to authorized employees of contiguous states upon approval of a bilateral agreement according to the provisions of section 40-317, Idaho Code.

§ 40-511. Stopping and inspection.

1. Wherever by the laws of the state of Idaho any vehicle with a maximum gross weight or registered gross weight, or operated at a gross weight of twenty-six thousand one (26,001) pounds or more, excepting those transporting livestock or placardable quantities of hazardous materials, is used to transport any merchandise, product or commodity within the state, within the state to without the state, or from without the state to within the state, the owner or operator of either the motor vehicle or trailer, as defined in chapter 1, title 49, Idaho Code, used to transport such merchandise, product or commodity is hereby required to stop at such ports of entry or checking stations established by the Idaho transportation department and submit to inspection, grading or weighing, for compliance with the laws of the state of Idaho.
2. Vehicles or combinations of vehicles with a maximum gross weight of ten thousand (10,000) pounds or more transporting livestock or placardable quantities of hazardous materials are required to stop at all ports of entry or checking stations established by the Idaho transportation department.
3. It shall be the duty of such owner or operator of every motor vehicle or trailer to drive the motor vehicle or trailer upon any state owned stationary or portable scale or private scale, certified by the state of Idaho when requested to do so by any peace officer, excepting fish and game officers, or authorized employees of the Idaho transportation department.
4. Authorized employees of the transportation department may stop any vehicle with a maximum gross weight of eighteen thousand (18,000) pounds or more by displaying a flashing red light if the authorized employee has probable cause to believe the vehicle bypassed a weighing or inspection station or proceeded through the station without regard for the directional signals. Authorized employees may direct a vehicle which has bypassed a weighing or inspection station or has proceeded through the station without regard for the directional signals, to return to the bypassed inspection or weighing station and may issue a citation for failure to stop as required in this section. The operator of a vehicle shall bring the vehicle to a stop, pulling off the traveled portion of the highway when directed to do so by an authorized employee of the transportation department by use of emergency lights or siren.

§ 40-512. Penalties.

Any person failing to stop at any port of entry or checking station when so required by the provisions of section 40-511, Idaho Code, or, failing to submit to the inspection, grading or weighing required by any law of the state of Idaho, shall be guilty of a misdemeanor.

§ 40-513. Veterans memorial centennial bridge established.

The Bennett Bay bridge located on interstate highway I-90 in Kootenai county shall be designated as the “Veterans Memorial Centennial Bridge” to honor those persons who served in the armed forces during periods of wartime as defined by congress. The transportation department shall erect suitable signs so designating the bridge as the veterans memorial centennial bridge.

§ 40-513A. Designation of the I.B. Perrine Bridge.

The bridge spanning the Snake River Canyon on U.S. Highway 93 south of Interstate Highway 84 near the city of Twin Falls, Idaho, shall be designated as the “I.B. Perrine Bridge” to honor I.B. Perrine for his part as founder and father of the Twin Falls area. His dream for agriculture and his efforts to bring water to the valley set in motion the development we see today. The transportation department shall erect suitable signs so designating the bridge as the “I.B. Perrine Bridge.”

§ 40-513B. Portion of U.S. Highway 95 designated as Stu Dopf Memorial Highway.

That portion of United States Highway 95 through the canyon between Midvale and Cambridge shall be known and designated as the “Stu Dopf Memorial Highway” in honor of the journalist who was interested in increasing the ease and safety of travel along U.S. Highway 95. The Idaho transportation department shall identify areas suitable for posting markers along that portion of U.S. Highway 95 indicating its designation as the Stu Dopf Memorial Highway.

§ 40-513C. Designation of purple heart trail.

That portion of interstate highway I-90 located in Idaho is the Idaho portion of the national purple heart trail. The Idaho transportation department shall design and construct signs indicating the highway number, the designation as the purple heart trail, and any other appropriate information. The department shall erect a sign at each end of the highway and markers at intermediate sites along the highway that the department determines are appropriate. The department is required to design, construct, and erect the signs and markers only to the extent that moneys are provided for this purpose through private donations, grants, awards or other moneys.

§ 40-513D. State highway 3 designated as North Idaho Medal of Honor Highway.

State highway 3, connecting U.S. highway 12 near Spalding with interstate 90 near Rose Lake, shall be designated as the “North Idaho Medal of Honor Highway” to honor Idahoans awarded the congressional medal of honor for their service in our armed forces. The Idaho transportation department shall identify areas suitable for posting markers along state highway 3 indicating its designation as the “North Idaho Medal of Honor Highway.”

§ 40-513E. Designation of Vietnam veterans memorial highway.

That portion of interstate highway I-84 located in Idaho is designated as the Vietnam veterans memorial highway. The Idaho transportation department shall design and construct signs indicating the highway number, the designation as the Vietnam veterans memorial highway and any other appropriate information. The department shall erect a sign at each end of the highway and markers at intermediate sites along the highway that the department determines are appropriate. The department is required to design, construct and erect the signs and markers only to the extent that moneys are provided for this purpose through private donations, grants, awards or other moneys.

§ 40-513F. Designation of the Idaho medal of honor highway.

That portion of U.S. highway 20 located in Idaho shall also be known as the “Idaho Medal of Honor Highway.” The Idaho transportation department shall design and construct signs indicating the designation as the “Idaho Medal of Honor Highway” and any other appropriate information. The department shall erect a sign at each end of the highway and markers at intermediate sites along the highway that the department determines are appropriate. The department is required to design, construct, and erect the signs and markers only to the extent that less than thirty thousand dollars ($30,000) of existing dedicated funds are provided for this purpose as determined by the transportation board. Design of the signs should be similar to the signs currently erected on U.S. highway 20 at the time of enactment of this legislation. Signs shall identify the highway as the “Idaho Medal of Honor Highway” and include the three (3) different designs of the medal of honor.

§ 40-514. Public transportation services — Public transportation services advisory council created — Interagency working group created — Department support.

1. All state agencies except the department of education, and all public entities that use public funds to provide public transportation services within the state shall report not less often than semiannually to the department the amount of funding expended, audits conducted, the number of passengers carried, the agency vehicles used and the vehicle miles driven to provide transportation for Idaho citizens. Upon receipt of such information, the department shall:
   1. Develop a uniform data collection and reporting system; information from said system shall be submitted annually to the joint finance-appropriations committee of the Idaho legislature; and as public information, it shall also be available upon request;
   2. In cooperation with other state agencies and public entities, develop a comprehensive plan for public transportation; and
   3. Provide assistance to operators of local and regional transportation systems that are consistent with public program objectives of the state plan.
2. There is hereby created the public transportation advisory council to advise the Idaho transportation department on issues and policies regarding public transportation in Idaho. The council shall participate in planning activities, identify transportation needs, and promote coordinated transportation systems. Before setting programs and priorities, the council shall seek pertinent information, facts and data from local governments, agencies and providers regarding rural public transportation issues.
3. The director of the Idaho transportation department together with the directors of the affected state agencies shall establish an interagency working group to advise and assist the department in analyzing public transportation needs, identifying areas for coordination, and developing strategies for eliminating procedural and regulatory barriers to coordination at the state level. The group shall undertake detailed work assignments related to transportation services which promote cooperation and collaboration among systems. The working group shall be composed of a representative from the office of the governor and one (1) staff representative from each of the following agencies which expend public funds for transportation services or associations representing public transportation interests:
   1. Idaho commission on aging;
   2. Idaho head start association;
   3. Two (2) representatives from the Idaho department of health and welfare, one (1) of whom shall represent the division of medicaid;
   4. Idaho department of education;
   5. Idaho transportation department;
   6. Community transportation association;
   7. Idaho council on developmental disabilities;
   8. Division of vocational rehabilitation; and
   9. Idaho department of labor, workforce development council.
4. The interagency working group established in subsection (3) of this section shall:
   1. Meet at least once in each calendar quarter; and
   2. Discuss all agenda items submitted to it by any member of the group; and
   3. Provide notice of each meeting at least two (2) weeks in advance of the meeting; and
   4. Annually elect a chairman from among its members; such person shall not serve consecutive terms as chairman.
5. The department shall provide the administrative support required by the council and the interagency working group.

The advisory council shall be composed of six (6) members appointed by the Idaho transportation board. Appointed members shall be representatives of local governments and agencies, private organizations, citizen groups and private providers that have an interest in public transportation, and people with disabilities and the elderly who utilize public transportation. The board shall appoint said members from recommendations submitted by said organizations, groups, providers, users and state agencies in each district. One (1) member shall be appointed from each of the six (6) transportation department director districts as provided in section 40-303, Idaho Code. The term of each member shall be three (3) years and the initial appointments to the council shall be such that two (2) members shall be appointed each year thereafter.

The council is authorized to meet three (3) times per year with additional meetings as authorized by the board.

Members of the advisory council shall be reimbursed according to the provisions of section 59-509(g), Idaho Code.

Ex officio members may be appointed to the group as deemed necessary. Members of the working group representing state agencies shall be reimbursed by their respective agencies according to the provisions of section 59-509(b), Idaho Code.

§ 40-515 — 40-520. Highway condition report — Financial condition report — Contracts for repair of highways — Contractor’s duties — Failure to perform — Allowance of contractor’s claims. [Repealed.]

§ 40-521. Collection of poll tax in contract districts. [Repealed.]

§ 40-522 — 40-527. Every city a road district — Powers and duties of city council or board of trustees — Sign posts, erection — Penalty for defacing or destroying — County and district boards — Cooperation with state — Sidewalks or side paths — Curb construction standards — Curb ramps for the physically handicapped. [Repealed.]

§ 40-528. Federal transit administration authority.

1. The Idaho transportation department and its director are the designated recipients for the federal transit administration funding for the rural transit program and the small urban transit program within the state of Idaho.
2. Notwithstanding the provisions of subsection (1) of this section:
   1. The department is not the designated recipient for large urbanized areas as determined and defined by the United States department of commerce, bureau of the census; and
   2. The department is not the designated recipient for any qualifying urbanized area identified by the governor prior to July 1, 2011.

§ 40-601. Districts established by commissioners.

Whenever the commissioners of any county shall have caused to be described by an order made and entered upon its records any defined portion of contiguous territory, located wholly within the county, for the construction, improvement or repair of highways pursuant to the provisions of law, each defined portion of contiguous territory is recognized as a legal taxing district and body politic of this state and as a highway district for highway purposes.

§ 40-604. Duties and powers of commissioners.

Commissioners shall:

1. Exercise general supervision over all highways in the county highway system, including their location, design, construction, reconstruction, repair and maintenance, and develop general policies regarding highway matters.
2. Cause to be surveyed, viewed, laid out, recorded, opened and worked, any highways or public rights-of-way as are necessary for public convenience under the provisions of sections 40-202 and 40-203A, Idaho Code.
3. Cause to be recorded all highways and public rights-of-way within their highway system.
4. Have authority to abandon and vacate any highway or public right-of-way within their highway system under the provisions of section 40-203, Idaho Code.
5. Designate county highways, or parts of them, as controlled-access highways and regulate, restrict or prohibit access to those highways so as best to serve the traffic for which the facility is intended.
6. Have authority to make agreements with any incorporated city, other county, a highway district, the state, or the United States, its agencies, departments, bureaus, boards, or any government owned corporation for the construction, reconstruction, or maintenance of the county’s highway system by those entities or for the construction, reconstruction, or maintenance of the highway systems of those entities by the county’s highway organization. The county shall compensate or be compensated for the fair cost of the work except as otherwise specifically provided in this title.
7. Contract, purchase, or otherwise acquire the right-of-way over private property for the use of county highways and for this purpose may institute proceedings under the code of civil procedure.
8. Levy an ad valorem tax to be paid into the county highway fund and cause the tax collected each year to be paid into that fund and kept by the treasurer as a separate fund. When all of the territory of a county is included in one (1) or more highway districts the commissioners shall not make any levy for general highway purposes.
9. Audit and draw warrants on the county highway fund required for payment for rights-of-way improvement.
10. Rename any highway within the county, excepting those situated within the territorial limits of incorporated cities, when the renaming will eradicate confusion.
11. Cause guide posts properly inscribed to be erected and maintained on designated highways.
12. Exercise other powers as may be prescribed by law.

[(13)](14) By July 1, 2000, and every five (5) years thereafter, the commissioners shall have published in map form and made readily available the location of all public rights-of-way under their jurisdiction. The commissioners of a district may be granted an extension of time with approval of the legislature by adoption of a concurrent resolution.

§ 40-607. County and highway district highway system construction, maintenance and right-of-way costs borne by the responsible county or highway district — Exceptions.

The costs of constructing, reconstructing, maintaining and acquiring rights-of-way for highways in a county highway system and a highway district highway system shall be borne by the responsible highway jurisdiction. This section shall not be construed as preventing counties and highway districts from contracting with the state for engineering or other services provided just compensation is paid. If planning or engineering studies show the existence of a need, a county or highway district may purchase, condemn or otherwise acquire new or additional rights-of-way for a new alignment of or improvement of an existing alignment of an extension of a county or highway district rural major collector highway through cities with populations of less than five thousand (5,000), provided the extension does not eliminate access to adjacent property owners. A county or highway district shall have jurisdiction, with the full authority to construct, maintain and control, over an extension of a rural major collector highway eligible for federal highway funds within a city, when the city population is less than five thousand (5,000). Counties and highway districts may enter into any mutual agreement for the transfer of maintenance and control of the rural major collector highway extension to the city. A county or highway district may contract with an adjoining county or highway district for the construction and/or maintenance of any part of its highway system.

§ 40-608. Record of highway proceedings.

The clerk of the commissioners shall keep a book in which must be recorded separately all proceedings of the commissioners relative to each highway division, including orders laying out, altering, and opening highways; and in a separate book a description of each highway division, its deputy directors of highways, its highways, contracts, and all other matters pertaining to them.

§ 40-609. Contracts to use dams as highways.

Commissioners are empowered to make contracts in a form and under conditions deemed proper with the persons or corporations owning or proposing to construct any dam across any river in the state, providing for the use of the dam either in whole or in part, or in a general or limited way as may be agreed upon for a public highway. If the dam and proposed highway is in more than one (1) county, the agreement shall be executed by the commissioners of each county. Contracts for the use as a public highway of any dam to be constructed may be executed prior to construction, and shall, subject to the terms of the contract, be public highways.

§ 40-611. Report of financial condition — Publication.

On or before the first day of November of each year, the commissioners shall make and file in its office a full, true and correct statement of the financial condition of the county in respect to highways as it exists on the first day of the preceding October, and of its expenditures and appropriation for highway purposes during the preceding year. A copy of the statement shall be published in at least one (1) issue of a newspaper published in the county.

§ 40-612. Commissioners — Highway contracts.

No commissioner shall have interest directly or indirectly in any contract awarded or to be awarded by the commissioners, or in the benefits to be derived from them. A violation of this provision shall be a misdemeanor, and a conviction shall constitute a forfeiture of office and a fine not exceeding one thousand dollars ($1,000), or by imprisonment not to exceed six (6) months, or by both fine and imprisonment.

§ 40-615. County and district boards — Cooperation with state.

Commissioners of any county, or the board of commissioners of any highway district, are empowered to cooperate with the state in the construction of highways or bridges, with aid from the United States or the state. The boards of commissioners are authorized to deposit with the treasurer of the state, to be placed in the state highway account, the amount of funds to be contributed by the county or highway district on any project for the improvement or construction of highways or bridges, which may be agreed upon in writing between the boards of commissioners and the board. The boards of commissioners are empowered to make deposits in advance of construction and at the time the agreement between the boards and the board is entered into. In the event the project for the improvement or construction of highways or bridges is not proceeded with, or in the event that all of the funds deposited by any board of commissioners for use on any project are not used in the completion of the project, the board shall repay any unused balances to the boards of commissioners having deposited these funds, and the state controller shall draw his warrant for the payment of those moneys out of the state highway account against claims duly approved by the board and the state board of examiners.

§ 40-616. Sidewalks or side paths.

Commissioners and boards of commissioners of any highway district are empowered to set apart on and along any public highway outside the boundaries of incorporated cities a strip of land not exceeding eight (8) feet in width for a sidewalk or side path and to make an order designating the width of the path and to cause the line separating the path from the highway proper to be located and marked with stakes, posts, grade or other marker. After the sidewalks and paths have been set apart and the line separating them from the highway has been located and marked, the use shall be restricted to pedestrians, riders of bicycles, and riders of electric-assisted bicycles, if not otherwise prohibited by local ordinance or by signage posted by the public agency with jurisdiction after notice by inclusion on a governing board agenda.

§ 40-619. Duties and powers of county director of highways.

The county director of highways shall:

1. Prepare and submit each year for the approval of the commissioners a tentative highway budget covering all proposed expenditures for the ensuing year.
2. Divide the county into a suitable and convenient number of highway divisions, which shall exist only for the purpose of facilitating highway construction and maintenance activities. The geographical boundaries and arrangements of the divisions may, with the approval of the commissioners, be altered at any time at the discretion of the director of highways.
3. Employ assistants and employees as may be necessary for county highway purposes, subject to the approval of the commissioners as to salaries or other compensation to be paid.
4. Purchase or lease equipment necessary for county highway purposes and sell or replace obsolete equipment, subject to the approval of the commissioners as to the price, rental or cost of replacement.
5. Cause to be erected and maintained on county highways, whenever necessary for public safety and convenience, suitable signs, markers, signals and other devices to control, guide and warn pedestrian and vehicular traffic.
6. Cause surveys, maps, plans, specifications and estimates to be made for the construction, reconstruction and maintenance of county highways.
7. Forbid, restrict or limit the erection of unauthorized signs, billboards or structures on the right-of-way of any county highway, and remove and destroy any unauthorized signs.
8. Perform other acts as may be authorized by the commissioners for the improvement and maintenance of county highways.

§ 40-701. Highway distribution account — Apportionment.

1. There is established in the state treasury an account known as the “Highway Distribution Account,” to which shall be credited:
   1. Moneys as provided by sections 63-2412(1)(f)4. and 63-2418(4), Idaho Code;
   2. All moneys collected by the department, their agents and vendors, and county assessors and sheriffs, under the provisions of title 49, Idaho Code, except as otherwise specifically provided for; and
   3. All other moneys as may be provided by law.
2. The highway distribution account shall be apportioned as follows:
   1. Thirty-eight percent (38%) in fiscal year 2021, thirty-eight and one-half percent (38.5%) in fiscal year 2022, thirty-nine percent (39%) in fiscal year 2023, thirty-nine and one-half percent (39.5%) in fiscal year 2024, thirty-nine and three-quarters percent (39.75%) in fiscal year 2025, and forty percent (40%) thereafter to local units of government as provided in section 40-709, Idaho Code;
   2. Fifty-seven percent (57%) in fiscal year 2021, fifty-seven and one-half percent (57.5%) in fiscal year 2022, fifty-eight percent (58%) in fiscal year 2023, fifty-eight and one-half percent (58.5%) in fiscal year 2024, fifty-nine and one-quarter percent (59.25%) in fiscal year 2025, and sixty percent (60%) thereafter to the state highway account established in section 40-702, Idaho Code; and
   3. Five percent (5%) in fiscal year 2021, four percent (4%) in fiscal year 2022, three percent (3%) in fiscal year 2023, two percent (2%) in fiscal year 2024, one percent (1%) in fiscal year 2025, and zero dollars thereafter to the law enforcement account [fund], established in section 67-2914, Idaho Code. The state controller shall cause the remittance of the moneys apportioned to local units of government not later than January 25, April 25, July 25 and October 25 of each year, and to the law enforcement account [fund] and the state highway account as the moneys become available to the highway distribution account.
3. All new revenues generated by increases in registration fees and fees on electric and hybrid vehicles pursuant to the provisions of House Bill No. 312, as amended in the Senate, as amended in the Senate, during the first regular session of the sixty-third Idaho legislature, and all revenues generated by fees on electric and plug-in hybrid vehicles pursuant to the provisions of section 49-457, Idaho Code, shall be apportioned as follows:
   1. Forty percent (40%) to local units of government as provided in section 40-709, Idaho Code; and
   2. Sixty percent (60%) to the state highway account established in section 40-702, Idaho Code.
4. Interest earned on the investment of idle moneys in the highway distribution account shall be paid to the highway distribution account.
5. All idle moneys in the dedicated highway trust or asset accounts or subaccounts established from highway user revenues, reimbursements, fees or permits shall be invested by the state treasurer in the same manner as provided under section 67-1210, Idaho Code, with respect to other surplus or idle moneys in the state treasury. Interest earned on the investments shall be returned to the various highway trust or asset accounts and subaccounts.

§ 40-701A. Restricted highway fund. [Repealed.]

§ 40-702. State highway account — Establishment.

For the purpose of carrying out the provisions of this title, there is established in the dedicated fund of the state treasury an account to be known as the state highway account, which account shall include:

1. All moneys received by the state treasurer for deposit to the state highway account.
2. All fines, penalties and forfeitures incurred and collected for violations of the provisions of this title, except as otherwise provided.
3. All donations to the state from any source for the construction and improvement of highways.
4. All moneys received from local boards under joint contracts for the construction of state highways.
5. All federal surface transportation funds received from the United States government, including, but not limited to, funds received pursuant to chapter 1 of title 23, United States Code, for the national highway systems program, the surface transportation program, the highway bridge program, the minimum guarantee program, the federal lands highways program and other similar programs under successor laws.
6. Other moneys which may be provided by law for the construction and improvement of state highways.
7. Interest earned on the investment of idle moneys in the state highway account shall be paid to the state highway account.

§ 40-703. Establishment of local bridge inspection account — Administration.

In order to promote public safety at bridges on local public highways and to provide for the payment of the local matching share of federal funds available for periodic inspection of these bridges to comply with federal laws, there is established in the dedicated fund of the state treasury an account known as the “local bridge inspection account.” The department is charged with the sole and exclusive administration of this account, and shall follow federal guidelines in making bridge inspections which are to be funded in part with federal funds. Interest earned on the investment of idle moneys in the local bridge inspection account shall be paid to the local bridge inspection account.

§ 40-704. Turnpike project accounts — Establishment.

In order to provide for the redemption of and interest on turnpike revenue bonds, and construction, maintenance and operation of turnpike projects, there may be established in the dedicated fund of the state treasury an account to be known by the appropriate name of each turnpike project. Each account shall include all moneys received and paid over for the particular turnpike project, and the moneys in each account shall be expended solely for that turnpike project.

§ 40-705. Transfer and control of funds.

All funds, appropriations and other moneys from whatever source, now or subsequently appropriated and provided by law for the administration of the functions, powers and duties of the department and the board, including those of the state highway account, shall be and the same hereby are transferred and made available to and placed under the control of the board and appropriated for expenditure by it and shall be paid out by the state treasurer in the manner provided by the constitution and the laws of the state of Idaho.

§ 40-706. Disposition of motor vehicle registration money.

All moneys collected in any county from the registration of motor vehicles, trailers and semitrailers shall be forwarded to the state treasurer not later than the fifteenth day of the month following the calendar month in which the moneys were collected, and the state treasurer shall then pay the moneys collected into the highway distribution account, unless otherwise provided by law.

§ 40-707. Appropriation of moneys in state highway account.

1. From federal funds within the state highway account, there are hereby continuously appropriated first such amounts as, from time to time, shall be certified by the Idaho housing and finance association to the state controller, state treasurer and the board as necessary for payment of principal, interest and other amounts required for transportation bonds or notes of the Idaho housing and finance association in accordance with chapter 62, title 67, Idaho Code, which amounts shall be transferred to the GARVEE debt service fund established in section 40-718, Idaho Code.
2. The board may, but is not obligated to, use any nonfederal funds in the state highway account to pay match as required for receipt of federal funds used to pay the bonds or notes as described in subsection (1) of this section. Such match may be transferred to the GARVEE debt service fund established in section 40-718, Idaho Code.
3. One-half of one percent (.5%) of the moneys in the state highway account may be utilized to encourage the use of recycled materials including, but not limited to, recycled glass, reclaimed asphalt, asphalt containing recycled plastic, recycled rubber tires and paper in highway construction and maintenance projects. All other moneys at any time in the state highway account, except those as are otherwise required by law to be placed in the state highway redemption account, are hereby appropriated for the purpose of defraying the expenses, debts and costs incurred in carrying out the powers and duties of the Idaho transportation board as provided by law, and for defraying administrative expenses of the department, including salaries of the board, the salary of the director, and salaries and wages of employees of the department and board and expenses for traveling. Communication supplies, equipment, fixed charges and all other necessary expenses of the department, including the aeronautics air flight program and the board, not otherwise provided for and all claims against the state highway account shall be examined by the department and certified to the state controller, who shall, upon approval of the board of examiners, draw his warrant against the state highway account for all bills and claims allowed by the board.

§ 40-708. Policy of legislature on expenditures.

1. It is the declared policy of the legislature that, except as otherwise provided, all highway-user revenues accruing to the state highway account be spent exclusively for the maintenance, construction and development of highways and bridges in the state highway system. By mutual cooperative written agreements, or in the event of emergencies or other unusual circumstances where the financial or general welfare of the people is concerned, two (2) or more units of government may, upon a showing of cause declared and entered upon the minutes of an official meeting of the board, the boards of county, highway district commissioners or the governing body of any cities involved, as the case may be, share jointly the costs of the maintenance, construction or development of highways and bridges in any state, county, district or city system.
2. All moneys apportioned to the board, counties or highway districts, and cities from the proceeds from the imposition of tax on fuels and from any tax or fee for the registration or operation of motor vehicles for general highway construction and maintenance, bridge and culvert moneys, shall be accounted for as to the actual expenditure to the state controller, as dedicated funds by a certification of the governing unit receiving, budgeting and expending those dedicated funds. The certification shall list the actual funds received for the budgetary period in each category of dedicated funds and the actual expenditure of the used dedicated funds. Any balance of dedicated funds unexpended must be shown and accounted for as a beginning balance in the next regular budget. The certification shall be prepared by the director, county auditor or highway district treasurer or city clerk, and shall be signed by the elected county or highway district commissioners, mayor, council, or board members of the respective reporting governmental unit. The certification shall be made by the 31st of December of each year for the preceding fiscal budget year, and shall be published once as a legal notice between January 1st and the 15th of January. Failure to make certification, failure to publish or the making of false statements in the certification shall subject the person so doing to the penalties prescribed in section 40-207, Idaho Code, or be used as the grounds for removal from office of the offending officials. The state controller is empowered to withhold the distribution of funds for noncompliance with the provisions of this section, but upon compliance shall authorize the distribution to be made.
3. Moneys remaining unexpended in dedicated funds shall not be budgeted and expended for uses other than the limits of the dedicated fund.
4. Highway districts may accumulate fund balances at the end of a fiscal year and carry over those fund balances into the ensuing fiscal year sufficient to achieve or maintain highway district operations on a cash basis. A fund balance is the excess of the assets of a fund over its liabilities and reserves.

§ 40-709. Apportionment of funds from highway distribution account to local units of government.

Commencing July 1, 1999, and each fiscal year thereafter, from the moneys appropriated from the highway distribution account to local units of government, three hundred twenty-six thousandths of one percent (0.326%) is appropriated to the local highway technical assistance council, and the balance of the appropriation shall be distributed as follows:

1. Thirty percent (30%) shall be apportioned among incorporated and specially chartered cities, in the same proportion as the population of the incorporated or specially chartered city bears to the total population of all the incorporated or specially chartered cities as shown by the last regular or special federal census.
2. The remainder shall be apportioned:
   1. Ten percent (10%) shall be divided equally among all counties of the state.
   2. Forty-five percent (45%) shall be divided among the counties of the state in the proportion that the amount collected from motor vehicle registrations in each county during the last calendar year bears to the total amount of those collections in all counties in the state.
   3. Forty-five percent (45%) shall be divided among the counties of the state in the proportion that the number of miles of improved highways in the county highway system of each county bears to the total number of miles of improved highways in the county highway systems of all counties in the state. The director is directed to certify to the state controller, on or before January 1 of each year, the number of miles of improved highways in each county.
3. Moneys paid to counties with highway districts shall be further distributed by the state as follows:
   1. Ten percent (10%) shall be divided equally among the county, if the county maintains any highways, and the highway districts;
   2. Forty-five percent (45%) shall be divided among the county, if the county maintains any highways, and the highway districts of the county in the proportion that the amount collected from motor vehicle registrations in each area designated during the last calendar year bears to the total amount of those collections in the entire county;
   3. Forty-five percent (45%) shall be divided among the county, if the county maintains any highways, and the highway districts in the proportion that the number of miles of improved highways in the county and the highway districts bear to the total number of miles of improved highways in the entire county highway system.
4. The state controller shall ascertain the sums set for the apportionment and remit to the local governments their share of the amount computed. The apportionment hereby made shall be remitted to the local governments not later than January 25, April 25, July 25, and October 25 of each year.
5. Moneys paid to incorporated or specially chartered cities shall be expended by the governing bodies of those cities solely in the construction and maintenance of highways within their corporate limits and to meet the interest and sinking fund requirements for the current year on any unpaid bonds issued by those cities for highway and bridge purposes, or refunding bonds issued to take up those bonds.
6. Each highway district receiving an apportionment from the highway distribution account shall apportion those funds as follows: To the interest and sinking fund of the district, an amount as may be necessary to meet the interest and sinking fund requirements for that year on any unpaid bonds issued by that district, and any balance of those funds shall be used for highway and bridge maintenance and construction. Each district may expend all or any portion of the balance of those funds in the construction and maintenance of state highways within the district. (7) No part of highway funds or any apportionment from it shall ever be used for any purposes other than those provided in this section and in section 40-709A, Idaho Code, except as specifically otherwise provided. At the end of any fiscal year an unexpended balance of highway funds shall be carried forward and retained and subsequently applied to the maintenance and construction of highways or the payment of bond interest and principal and sinking fund requirements.

§ 40-709A. Petition for highway maintenance.

1. Any county or highway district may petition the Idaho transportation board to take action, as provided in this section, to provide for the maintenance of a highway or portion thereof under the jurisdiction of a county or highway district.
2. The petition and supporting materials shall establish the following facts:
   1. That the subject highway or relevant portion thereof provides the only practical access to a city, town or other developed area;
   2. That the county or highway district with jurisdiction over the subject highway, or relevant portion thereof, is obligated to maintain the highway or relevant portion thereof;
   3. That said county or highway district historically has provided maintenance to the subject highway or relevant portion thereof sufficient to allow safe motorist access to the city, town or other developed area; and
   4. Said county or highway district is now failing to provide maintenance sufficient to allow safe motorist access to the city, town or other developed area.
3. The Idaho transportation department shall publish notice of the petition as set forth in section 40-206, Idaho Code, and shall provide the subject county or highway district a reasonable opportunity to respond to the petition, to take corrective action, to explain any extenuating circumstances or to otherwise address the concerns presented in the petition. Based on all information available to it, including such independent investigation as it deems appropriate, the Idaho transportation department shall make a recommendation for action to the Idaho transportation board.
4. The Idaho transportation board shall review the petition and the recommendation of the Idaho transportation department.
5. If the Idaho transportation board determines that the petition is without merit, it may deny the petition without hearing and issue written findings and conclusions stating its reasons therefor.
6. If the Idaho transportation board determines that the petition may have merit, it shall hold a hearing on the matter and allow all affected entities and interested persons an opportunity to be heard.
7. Following the hearing provided in subsection (6) of this section, the Idaho transportation board shall either grant or deny the petition and issue findings and conclusions stating its reasons therefor. The petition shall be granted only upon a finding that the public safety, health or welfare would be endangered because the subject county or highway district is inappropriately and unreasonably failing to maintain a highway or portion thereof that it is obligated to maintain and that the facts set out in subsection (2)(a), (b), (c) and (d) of this section have been established. In determining the reasonableness of the subject county or highway district’s actions with respect to the highway, the Idaho transportation board shall take into account the authority of the county or highway district to temporarily close a highway, the availability of funding and other considerations addressed in sections 40-1311 and 40-1315, Idaho Code. The Idaho transportation board shall not approve a petition with respect to a highway or portion thereof that has been vacated or is subject to an ongoing vacation or validation proceeding.
8. If the petition is granted, the transportation department may undertake itself the maintenance of the highway or portion thereof or it may contract with another political subdivision to undertake the maintenance. In either case, the transportation department shall certify to the state controller the actual cost of maintenance undertaken by the transportation department or by the contracted political subdivision. The state controller shall pay into the state highway account of the Idaho transportation department or directly to the contracted political subdivision the actual costs incurred as certified by the transportation department. Such funds shall be deducted from the funds that would otherwise have been allocated pursuant to section 40-709, Idaho Code, to the county or highway district that failed to provide adequate maintenance.
9. Political subdivisions that acquire funds for roadwork of any type either pursuant to this section or by separate voluntary agreement with another political subdivision or the state are hereby authorized to expend such funds outside of their jurisdictional boundaries notwithstanding any other provision of law.
10. A county or highway district that has been the subject of a petition granted pursuant to this section may request a termination or modification of the arrangement authorized by the Idaho transportation department for maintenance by the Idaho transportation department or another entity. A request for termination shall be accompanied by appropriate documentation showing that the requesting entity is prepared to resume its maintenance responsibility for the highway. The Idaho transportation board shall consider the request for termination or modification, taking into account the information presented by the requesting entity and any other information available to the Idaho transportation board. If the Idaho transportation board determines that the concerns giving rise to the petition have been addressed and the entity is committed to resume maintenance of the highway, the Idaho transportation board shall terminate its prior action and allow the entity to resume responsibility for maintenance of the highway upon the beginning of the next fiscal year. The Idaho transportation board may also modify the existing arrangement for funding of maintenance.
11. A decision by the Idaho transportation board granting or denying a petition or request under this section is a final agency action for purposes of section 67-5270(2), Idaho Code.

The petition shall not be based on failure to improve the highway or to expand maintenance beyond what historically has been provided. The petition shall also document the petitioner’s efforts to communicate its concerns to the subject county or highway district and explain why the issue could not be resolved. The petitioner shall provide notice to the subject county or highway district, including a copy of the petition and all supporting materials.

§ 40-710. American trucking association settlement fund.

1. There is hereby established in the state treasury the American trucking association settlement fund hereafter referred to as the settlement fund, to which shall be credited all moneys as may be provided by law.
2. Moneys in the fund are continuously appropriated and shall be used to satisfy the settlement agreement as approved by the court pursuant to Case No. CV OC 9700724D, American Trucking Association, et al. v. State of Idaho, et al., in the fourth judicial district, in accordance with the terms of such agreement.
3. Interest earned on the investment of idle moneys in the settlement fund shall be paid to the settlement fund.

§ 40-711. Moneys of highway districts — Apportionment with counties.

1. Within ten (10) days after the organization of a highway board, it shall be the duty of the commissioners to pay over to the treasurer of the highway district the proper share of the district’s funds in the highway and bridge fund of the county, the share being ascertained and determined as follows: From the total amount of the highway and bridge funds, consisting of the balance, if any, on hand at the beginning of the current calendar year, augmented by the amount of whatever taxes may have been subsequently collected and paid into the highway and bridge funds, there shall be deducted the amount of any payments made from the funds since the beginning of the calendar year and also any amount needed to make good any deficiency in the funds that may have existed at the beginning of that year. The resulting amount is, for the purpose of the computation, termed the net highway and bridge fund. The highway district’s contribution to it is an amount which bears the same ratio that the amount of the highway and bridge ad valorem taxes levied by the county within the highway district in the preceding year (less twenty-five per cent (25%) of the highway fund levied within any included cities), bears to the total amount of highway and bridge ad valorem taxes levied in the county in the preceding year. The proper share for the highway district in the highway and bridge fund is, for the purpose of this section, ninety-five per cent (95%) of the highway district’s contribution to the net highway and bridge fund.
2. All moneys thereafter coming into the county highway and bridge funds by reason of county levies made prior to the organization of the highway district, but which may not, at the time of the organization, have been collected by the county, shall as soon as collected, be accounted for and apportioned by the methods set forth above, and the highway district’s proper share in it paid over to the highway district.
3. Pending final adjustment and payment of the amounts provided for in this section, the commissioners are authorized to retain a proportion of the funds as shall be required to meet outstanding valid warrants lawfully issued against the county prior to the organization of the highway district and outstanding indebtedness of the county lawfully contracted prior to the organization of the highway district lawfully chargeable and payable out of those funds. This section shall not apply to the proceeds of taxes specially levied to meet the requirements of bonds issued by the county.

§ 40-712. City’s portion of highway funds paid to auditor — Fiscal assistance funds.

1. Any city which maintains highways shall continue to receive their proportionate share of moneys distributed under section 40-709, Idaho Code, but in a single county-wide highway district organized under the provisions of chapter 10, title 40, Idaho Code, or under chapter 273, laws of 1971, those moneys shall be paid to the county auditor for the benefit of the county-wide highway district.
2. Any city or county which receives moneys under the provisions of the state and local fiscal assistance act of 1972 may utilize those funds for any purposes that were solely the responsibility of that city or county prior to March 17, 1973, and which responsibility was transferred to a county-wide highway district by chapter 273, laws of 1971. Any city or county which receives moneys under the provisions of the state and local fiscal assistance act of 1972 may utilize those funds for the design, construction, reconstruction and maintenance of sidewalks, when deemed to be for public safety. Utilization of the fiscal assistance funds may be accomplished by a transfer of the funds to a county-wide highway district, and the provisions of sections 67-2326 through and including 67-2333, Idaho Code, may be utilized for transfer, provided, the provisions of the state and local fiscal assistance act of 1972 are adhered to.

§ 40-713. Expenditure and applicability of funds.

The commissioners and the board of commissioners of each highway district are empowered to expend all or any portion of moneys received by them from the highway distribution account, in cooperation with the state of Idaho or the United States, or both, in the construction of highways or bridges.

§ 40-714. Budgeting and allocation of funds.

1. The commissioners shall budget and allocate the moneys from the highway distribution account to be available during the year for which the budget is made as in the manner now provided by law for the budgeting of its expenditures, and may budget and allocate so much of them as shall be available for construction and maintenance of highways, in cooperation with the state of Idaho and United States, or either.
2. The board of commissioners of each highway district may at any meeting allocate the moneys then available and to become available from the highway distribution account during that year for the construction and maintenance of highways, in cooperation with the state of Idaho and the United States, or either.

§ 40-715. Transfer of sums allocable to counties, highway districts and cities — Disbursement.

It is the duty of the state controller to draw warrants upon the state treasury for the transfer of the distributive sums allocable to the several counties, highway districts and cities, which warrants shall be made payable directly to the county treasurers, highway district secretary or city clerk. The county treasurers shall deposit the moneys in the county highway fund, highway district secretaries shall deposit the moneys in the highway district road fund and the city clerk shall deposit the moneys in the city street fund.

§ 40-716. Establishment of local highway needs assessment account

Administration. [Repealed.]

§ 40-717. Deposit and disbursement of funds of the local highway technical assistance council — Administration.

1. Funds apportioned under section 40-709, Idaho Code, to the local highway technical assistance council shall immediately be deposited by the council in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. All funds so deposited and interest from the same are hereby continuously appropriated for the purpose of carrying out the provisions of chapter 24, title 40, Idaho Code.
2. The local highway technical assistance council is charged with the sole and exclusive administration of the council funds and shall follow federal guidelines in providing technical assistance to local highway jurisdictions which may be funded in part with federal funds. Funds can be withdrawn or paid out of such accounts only upon checks or other orders upon such account, signed by two (2) officers of the council or employees designated by the council.
3. The right is reserved to the state of Idaho to audit the accounts and expenditures of the council at any time.
4. All money received or expended by the council shall be audited annually by a certified public accountant, designated by the council, as provided in section 40-2405, Idaho Code.

§ 40-718. GARVEE funds established — Capital project fund — Debt service fund.

1. There is established in the state treasury a fund known as the “GARVEE Capital Project Fund” which shall include:
   1. Any draw by the board of proceeds from the transportation bonds or notes issued by the Idaho housing and finance association in accordance with chapter 62, title 67, Idaho Code.
   2. Interest earned on the investment of idle moneys in the GARVEE capital project fund shall be paid to the GARVEE capital project fund.
2. There is established in the state treasury a fund known as the “GARVEE Debt Service Fund” for the purpose of paying the principal, interest and other amounts required for transportation bonds or notes of the Idaho housing and finance association in accordance with chapter 62, title 67, Idaho Code. The fund shall include:
   1. Amounts transferred from the state highway account upon certification by the Idaho housing and finance association to the state controller, state treasurer and the board as necessary for payment of principal, interest and other amounts required for transportation bonds or notes.
   2. Amounts distributed pursuant to section 63-2520(b)(5), Idaho Code. Provided that such moneys distributed to the GARVEE debt service fund pursuant to this paragraph shall be used in combination with the amounts provided for in paragraph (a) of this subsection and shall be used for payment of principal, interest and other amounts required for transportation bonds or notes.
   3. Interest earned on the investment of idle moneys in the GARVEE debt service fund shall be paid to the GARVEE debt service fund.

Disbursements from this fund shall be made for projects in accordance with chapter 3, title 40, Idaho Code. All moneys in the fund are hereby continuously appropriated to the department.

From moneys within this fund, there are hereby continuously appropriated such amounts as, from time to time, shall be certified by the Idaho housing and finance association to the state controller, state treasurer and the board as necessary for payment of principal, interest and other amounts required for transportation bonds or notes of the Idaho housing and finance association in accordance with chapter 62, title 67, Idaho Code, which amounts shall be paid over as directed by the association.

§ 40-719. Strategic initiatives program.

1. The Idaho transportation department shall establish and maintain a strategic initiatives program. The purpose of the program is to fund transportation projects that are proposed by the department’s six (6) districts and local units of government. Proposed projects shall compete for strategic initiative program selection and funding on a statewide basis based on an analysis of their return on investment in the following categories:
   1. Safety, including the projected reduction of crashes, injuries and fatalities;
   2. Mobility, including projected traffic-flow improvements for freight and passenger cars;
   3. Economic opportunity, including the projected cost-benefit ratio for users and businesses;
   4. The repair and maintenance of bridges;
   5. The purchase of public rights-of-way; and
   6. Children pedestrian safety on the state and local system.
2. There is hereby established in the state treasury the strategic initiatives program fund to which shall be deposited:
   1. Notwithstanding the provisions of section 57-814, Idaho Code, the provisions of this paragraph shall only be in effect from the effective date of this act through May 31, 2019. After the close of the fiscal year, the state controller shall determine any excess cash balance in the general fund. When calculating any excess cash balance the state controller shall first provide for the ending balance as determined by the legislative record to be carried over into the next fiscal year, plus an amount sufficient to cover encumbrances as approved by the division of financial management, and an amount sufficient to cover any reappropriation as authorized by the legislature. On July 1, or as soon thereafter as is practicable, the state controller shall transfer fifty percent (50%) of any general fund excess to the strategic initiatives fund.
   2. Any other appropriated moneys for funding of the strategic initiatives program.
   3. Unless otherwise specified, moneys transferred into the strategic initiatives program fund after May 30, 2017, shall be apportioned as follows:
      1. Sixty percent (60%) to projects proposed by the Idaho transportation department’s six (6) districts; and
      2. Forty percent (40%) to local units of government for the purpose of operating a strategic initiatives program administered by the local highway technical assistance council established in section 40-2401, Idaho Code.
   4. The strategic initiatives program for local units of government shall be exempt from the requirements contained in subsection (1)(c) of this section.
3. Interest earned on the investment of idle moneys in the fund shall be paid to the fund. All moneys in the fund shall be used for funding the strategic initiatives program.

§ 40-720. Transportation expansion and congestion mitigation program — Fund established.

1. The Idaho transportation department shall establish and maintain a transportation expansion and congestion mitigation program.
2. The fund established pursuant to this section shall finance projects that expand the state system to address and mitigate transportation congestion. The projects shall be evaluated by the Idaho transportation department and shall be chosen by the Idaho transportation board based on a policy that may include mitigation of traffic times, improvement to traffic flow and mitigation of traffic congestion.
3. There is hereby established in the state treasury the transportation expansion and congestion mitigation fund, to which shall be deposited:
   1. All moneys distributed pursuant to section 63-2520, Idaho Code;
   2. All moneys distributed pursuant to section 63-3638, Idaho Code; and
   3. Any other appropriated moneys for funding the transportation expansion and congestion mitigation program.
4. Interest earned on the investment of idle moneys in the fund shall be paid to the fund. All moneys in the fund shall be used for the transportation expansion and congestion mitigation program.
5. The Idaho housing and finance association is hereby authorized to issue bonds, secured by otherwise unobligated moneys in the fund established in subsection (3) of this section, for the purpose of financing state transportation projects approved by the Idaho transportation board. The Idaho transportation board shall take into consideration the mitigation of traffic congestion from the state campus site located at 11311 West Chinden Boulevard, Boise, as a priority when approving transportation projects. Moneys from the fund established in subsection (3) of this section shall be used to pay any of the principal, interest, and other amounts for state transportation projects approved by the Idaho transportation board and required for bonds issued pursuant to this subsection in accordance with the provisions of chapter 62, title 67, Idaho Code. If such bonds are issued, moneys in the fund shall first be continuously appropriated and used for repayment of said bonds in accordance with subsection (7) of this section.
6. The authority provided in subsection (5) of this section shall be used only to issue bonds on an approved resolution by the Idaho transportation board requesting that the Idaho housing and finance association issue bonds contingent upon:
   1. The availability of otherwise unobligated moneys in the fund, established in subsection (3)of this section, necessary to meet bond service obligations;
   2. The moneys disbursed being used in accordance with United States treasury regulations to ensure tax-exempt status is retained, unless tax-exempt bonds are not available; and
   3. The issuance of bonds at prevailing market rates of interest.

§ 40-721. Transportation expansion and congestion mitigation program capital project fund — Transportation expansion and congestion mitigation program debt service fund.

1. There is hereby established in the state treasury the transportation expansion and congestion mitigation program capital project fund that shall include any draw by the Idaho transportation board of proceeds from the transportation bonds or notes issued by the Idaho housing and finance association in accordance with chapter 62, title 67, Idaho Code, to finance improvements described in section 40-720, Idaho Code. Interest earned on the investments of idle moneys in the transportation expansion and congestion mitigation program capital project fund shall be paid to the transportation expansion and congestion mitigation program capital project fund. Disbursements from this fund shall be paid over as requested by the Idaho transportation board and shall be made for projects in accordance with section 40-720, Idaho Code. All moneys in the fund are hereby continuously appropriated to the department.
2. There is hereby established in the state treasury the transportation expansion and congestion mitigation program debt service fund for the purpose of paying the principal, interest, and other amounts required for transportation bonds or notes of the Idaho housing and finance association in accordance with chapter 62, title 67, Idaho Code, issued to finance improvements described in section 40-720, Idaho Code. The fund shall include amounts distributed pursuant to sections 40-720(7) and 63-3638(16), Idaho Code, provided that such moneys distributed to the transportation expansion and congestion mitigation program debt service fund pursuant to this subsection shall be used for payment of principal, interest, and other amounts required for transportation bonds or notes issued by the Idaho housing and finance association for improvements described in section 40-720, Idaho Code. Interest earned on the investment of idle moneys in the transportation expansion and congestion mitigation program debt service fund shall be paid to the transportation expansion and congestion mitigation program debt service fund. From moneys within this fund, there are hereby continuously appropriated such amounts as from time to time shall be certified by the Idaho housing and finance association to the state controller, the state treasurer, and the Idaho transportation board as necessary for payment of principal, interest, and other amounts required for transportation bonds or notes of the Idaho housing and finance association in accordance with chapter 62, title 67, Idaho Code, issued for improvements described in section 40-720, Idaho Code, which amounts shall be paid over as directed by the association. Any funds in excess of the amount necessary to meet the payment authorized in this section shall be transferred to the transportation expansion and congestion mitigation fund established in section 40-720, Idaho Code.

§ 40-801. Authority and procedure for levies.

1. The commissioners of a county highway system, the commissioners of a county-wide highway district, and the commissioners of highway districts are empowered, for the purpose of construction and maintenance of highways and bridges under their respective jurisdictions, to make the following highway ad valorem tax levies as applied to the market value for assessment purposes within their districts:
   1. Two-tenths per cent (0.2%) of market value for assessment purposes for construction and maintenance of highways and bridges; provided that if the levy is made upon property within the limits of any incorporated city, fifty per cent (50%) of the funds shall be apportioned to that incorporated city.
   2. A special levy of eighty-four thousandth per cent (0.084%) of market value for assessment purposes to be used for any one (1) or all of the following purposes:
      1. bridge maintenance and construction;
      2. matching state and federal highway funds;
      3. secondary highway construction;
      4. secondary highway maintenance and improvements;
      5. maintenance during an emergency.
2. The tax levies authorized by this section shall be certified to the county auditor of the county in which the levies are made, at the same time that other tax levies are certified for other county purposes, shall be collected by the same officers and in the same manner as any other county taxes are collected, and paid into the county treasury and apportioned to the districts or taxing units in the amount that their respective levies produced, exclusive of ordinary collection fees to the county and the proper apportionment to the incorporated cities.
3. The total levies for construction and maintenance of highways and bridges, secondary highway matching funds and construction and maintenance of bridges only, shall not exceed two hundred eighty-four thousandth per cent (0.284%) of the market value for assessment purposes.

No part of this levy shall be apportioned to any incorporated city.

§ 40-802. Auditor to furnish market value for assessment purposes — Board to make levy.

On or before the third Monday in July of each year the county auditor shall deliver to the secretary of each highway district within the county a statement showing the aggregate market value for assessment purposes of all the taxable property in the district, and showing separately the aggregate market value for assessment purposes of all the taxable property within each included city in each district. The highway district board shall levy the taxes provided for.

§ 40-804. Liability of county officials.

All county officers entrusted with the assessment, collection, paying over or custody of taxes of any highway district within the county, and their sureties, shall be liable upon their official bonds for the faithful performance of their duties in the assessment, collection and safekeeping of the highway district taxes.

§ 40-808. Creation of special tax districts — Apportionment of costs.

As a highway is built and completed with the proceeds of a bond issue within an area of land which under a resolution of a highway district board is provided, there may be created a special tax district. When the highway has been accepted by the highway district board, and the director of highways for the district has certified to his board the cost of the highway so far as it lies within the special tax district, then the highway district board shall, by order, create a special tax district, fix and designate the boundaries of it, and designate the portion of the cost of the highway to be charged against the land in the special tax district, not exceeding the maximum percentage specified in the original resolution. The highway district board shall fix and determine the amount per acre charged against the lands within the special tax district, not exceeding, in respect to any single highway, the maximum amount per acre specified for the highway in the original resolution. The amount per acre need not be the precise proportionate cost of the highway, but may be the approximate proportion, avoiding inconvenient fractions or fractional parts of a dollar, and shall be the same uniform amount per acre throughout any single special tax district. The highway district board shall include as part of the cost of the highway the fair and reasonable portion of overhead charges applicable, and an additional amount equal to two per cent (2%) of the cost to cover the expenses of the highway district for the collection of the special taxes. From time to time as highways or portions of highways are completed and accepted and the cost certified, the highway district board shall create the proper tax districts. In respect to each special tax district created, the highway board is constituted the local executive authority of each special tax district with authority in respect to each district, to levy the special tax, the authority being confined in each district to the limits of the highway district, and within the limits the special tax in each special tax district shall be at a uniform amount per acre throughout the special tax district. The order of the highway district board creating the special tax district, fixing and determining its boundaries, stating the number of acres in it, fixing the amount of the indebtedness created by the bond issue which is charged against the land in the special tax district, and the amount per acre to be specially taxed against the land shall be entered at length on the minutes of the highway district board and shall be open to public inspection. A notice stating generally the nature and date of the order and designating the township and sections within the special tax district shall be published for at least two (2) separate times in a newspaper published in the county. On the filing with the secretary of the highway district of proof of publication, the order shall be deemed complete.

§ 40-810. Levy in special tax districts.

When an order of the highway district board has become final and conclusive, the board shall levy upon all the land within the special tax district created by the order a special tax equal in amount to the amount so charged in the order against the special tax district, specifying the amount per acre. The secretary of the district shall transmit to the assessor and tax collector of the county a certified copy of the levy and of the order creating the special tax district. On receiving the certified copy, the county assessor shall assess, against the land in the special tax district, the amount levied, but it shall not be collected except as installments as shall be called for by the annual levies made by the highway district board of the taxes necessary to meet the requirements of the bonds. The existence of an assessment against land in the special tax district shall not be held to constitute a cloud upon the title of that land, nor as a breach of a convenant [covenant] of warranty, title, nor against encumbrances in a deed or contract for the land, nor as rendering the title to the land unmarketable. The special tax authorized within special tax districts is a tax for the purpose of securing for the special tax districts the benefit of local highways within the limits of the special tax district, as distinguished from the general purpose of the bond issue as a whole of securing the benefit of a system of highways for the highway district at large.

§ 40-812. Collection of taxes in special tax districts.

The land within each special tax district is charged with a lien in favor of the highway district to the extent of the entire amount of all special taxes levied on the land within the special tax district in accordance with the provisions of this title. The amounts levied, both as to principal and interest, shall be assessed and collected by the tax collector as other taxes in the highway district are assessed and collected, and all the provisions of highway district law shall apply to the collection and the rights and remedies in respect to them. The portion of the amount of any bond issues of any highway district as shall be assessed and charged against land within special tax districts, shall be deducted and excluded in computing the two per cent (2%) bond limit of the highway district imposed by section 40-1101, Idaho Code.

§ 40-814. Resolutions and orders adopted by commissioners.

All resolutions and orders adopted by commissioners and boards of highway district commissioners in respect to the organization and operation of each highway district and the bonds and taxes, as they appear upon the records of the respective board, or certified copies, are legal evidence of the resolutions and orders.

§ 40-815. Estimate and levy of tax — Exception.

The commissioners must each year, at the meeting at which they are required to levy the ad valorem tax for county purposes, estimate the probable amount of ad valorem tax for highway and bridge purposes which may be necessary for the ensuing year, and must regulate and fix the amount of ad valorem highway and bridge tax, and levy them. When all of the territory of a county is included in one or more highway districts the commissioners shall not regulate, fix or levy any tax for highway or bridge purposes.

§ 40-817. Highway district taxes — Duties of county assessor.

Upon receiving a certified copy of a resolution of a highway district board, the county assessor must assess upon all property in the highway district subject to taxation the taxes so levied and certified to him. His assessment of all taxes levied by the highway district board may be computed and made upon the valuation of property as fixed by the board of equalization for county purposes, and as appears upon the assessment roll in the same year. The taxes as levied by the highway district board shall become a lien upon the property assessed from the date of the assessment, and shall be due and payable at the same time as other county taxes, and in all respects are to be collected in the same way, except that the tax collector must keep a separate list or assessment roll of them, and when paid, they must be named in his receipt to the taxpayer as a separate item. The tax collector shall pay the taxes, when collected, to the treasurer of the highway district and at the time of payment he must specify to the treasurer receiving them what taxes they are, take a separate receipt and keep separate accounts for the payment of the tax. The commissioners shall furnish the tax collector with any blanks as are needed to comply with these provisions.

§ 40-818. Limitation on levies — Penalties.

It shall be unlawful for any board of highway district commissioners or its members to levy any tax upon the property in a highway district for any purpose whatsoever in excess of the levies provided by law. Any highway district commissioner violating the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall forfeit his office, and it shall become vacant immediately. The vacancy in office shall be filled in the manner provided by law for filling of vacancies.

§ 40-819. Election to increase levy — Notice.

1. Whenever the levies provided by law to be made by highway district commissioners will not, in the opinion of the highway district commissioners, produce a sufficient amount of money for the use of the highway district for their purposes, the highway district board may by order authorize the holding of an election within the highway district, at which election the voters may determine whether or not any levy for any purpose authorized by law for highway districts shall be increased to produce revenues for those purposes. If at the election the majority of the qualified voters shall vote in favor of increasing any of the levies, the levies may be increased. The increase shall not exceed an additional twenty percent (20%) of the levy authorized by law for that purpose.
2. The highway district commissioners shall designate the date of the election that is in accordance with the dates authorized in section 34-106, Idaho Code, and which shall be held within the highway district. Notice of the election shall be given by the county clerk in accordance with the provisions of title 34, Idaho Code, and section 40-206, Idaho Code. The notice shall state:
   1. The time and place of holding the election;
   2. The amount of money which the levy authorized by law to be made by the highway district commissioners will produce;
   3. The amount of money in excess of each of the levies desired to be raised by the highway district commissioners, and generally the purpose for which the additional money is to be used;
   4. If at the election a majority of the qualified voters voting vote in favor of increasing the levy that the levy may be increased in an amount not exceeding twenty percent (20%) of the levy provided by law; and
   5. The additional levy, if authorized by a majority vote at the election, will when added to the levy provided by law provide sufficient money for the particular purpose of which the levy is authorized.

§ 40-820. Expenditures in emergencies.

In the event of a great public disaster, or if it is necessary to do emergency work to prepare for national or local defense, the board of highway district commissioners may pass a resolution declaring the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property. Upon adoption of the resolution, the highway district board may expend any sum required in the emergency without complying with this title.

§ 40-821. Treasurer of highway district — Duties.

It is the duty of the treasurer of a highway district to keep accounts of the district and to place to the credit of the district all moneys received by him, and to pay over all moneys belonging to the district on legally drawn warrants or orders of the district officers entitled to draw them.

§ 40-823. Levy to pay indebtedness upon division of district.

Whenever there is a division of a highway district and an amount is found to be due from either of the districts to the other, and where a warrant or warrants have been drawn for the amount due payable to the creditor district, and the levy for the first year is found to be insufficient for the payment of the warrant or warrants, it shall be the duty of the board of highway district commissioners of the debtor district to levy annually a tax sufficient to pay at least twenty-five per cent (25%) of the warrant indebtedness annually, or so much of the warrant indebtedness as the limit of levying taxes by a highway district as prescribed by law will permit. The highway district commissioners of the former district shall annually levy an ad valorem tax for both the former and the new district for the purpose of providing a sinking fund to pay the bonded indebtedness of the former district at the time of the division. Upon any levy being made by the board of highway district commissioners of the former district, it shall be the duty of the clerk of that board to transmit to the board of highway district commissioners of the new district a certified copy of the resolution providing for the tax. It shall be the duty of the board of highway district commissioners of the new district to spread the resolution on its minutes, and a tax shall be levied on the new district in accordance with the resolution and collected in the same manner as other special highway district taxes are collected. The moneys shall be paid as soon as collected by the tax collector of the county in which the new district is situated, to the treasurer of the former district who shall credit the tax moneys to the sinking fund to liquidate the existing bonded indebtedness.

§ 40-824. Computation and payment of indebtedness of dissolved district situated in two or more counties.

In the case of dissolved highway districts situated in two (2) or more counties, the commissioners of the county having jurisdiction of the dissolution of the district shall compute the indebtedness of the entire district and shall provide for the payment of the indebtedness out of the district funds on hand, or to be raised by special levies, which shall be determined and levied by the county, and shall be certified to the clerk of the commissioners of each of the counties in which is situated any part of the dissolved district. The tax shall be levied and imposed by each of the counties upon the property of the former district as may be within the county, the tax collected and, not less than quarterly, be remitted to the treasurer of the succeeding operational unit to be applied in payment of the indebtedness of the district.

§ 40-825. Levies to pay claims against dissolved or consolidated systems and districts — Certification and assessment — Issuance of new highway users’ fund bonds.

After dissolution of a county or city highway system or a highway district, or upon a consolidation of districts, and at the next regular annual meeting of the succeeding operational unit when levies for other county purposes are fixed, the succeeding highway system board shall in addition to apportioning moneys arising out of the highway users’ fund and the moneys from all other sources as the system or district would be entitled to receive had it not been dissolved and all other tax levies, including general highway and bridge levies, levy a special tax upon all of the property situated within the former boundaries of any former system or district, sufficient to raise funds for the payment of all remaining unpaid current claims against or debts of the former system or district, together with funds for payment of current and accruing terms and conditions of outstanding bonds and warrants of the former system or district. Each following year they shall continue that levy, or make other or additional levies as may be required to fully pay and retire the indebtedness of the former county or city highway system or highway district. The taxes shall be collected in the same manner as other county taxes and shall be turned over to the treasurer of the succeeding operational unit, who shall redeem, or post for redemption, all warrants and bonds as they mature and in order of their line, and for which funds are available from the former system or district for the payment of them. The succeeding operational unit, whenever it may deem it necessary or expedient, has the power to issue highway users’ fund bonds for and on behalf of the former system or district and of the same force and effect as if validly issued by the board of highway commissioners or councilmen of the former system or district during its existence. All bonds shall be in form and issued, registered, sold or exchanged and redeemed in accordance with the provisions of chapter 2, title 57, Idaho Code, and of general law relating to bond issues.

§ 40-826. Collection of taxes — Disposition upon collection.

Taxes levied shall become a lien upon the property so assessed from the date of assessment and shall be due and payable at the same time as other county taxes. The taxes shall be collected in the same way, except that the tax collector must keep a separate list or assessment roll of them; and when paid, they must be named in his receipt to the taxpayer as a separate item. The tax collector shall pay the taxes collected to the treasurer of the succeeding district, and at the time of payment must specify to the treasurer receiving them what taxes they are, take a separate receipt, and keep a separate account for the payment of taxes. The commissioners shall furnish the tax collector with blanks as are needed to comply with the provisions of this section.

§ 40-901. Application.

The requirements for contracts and bids that apply to all county highway systems and highway districts of the state shall be subject to the provisions of chapter 28, title 67, Idaho Code, in concert with the provisions of any specific statute pertaining to the letting of any contract or the purchase or acquisition of any commodity or thing by any system or highway district by soliciting and receiving competitive bids, and shall not be construed as modifying or amending the provisions of any statute, nor preventing the district from doing any work by its own employees.

§ 40-902. Bids — State highway system.

1. Whenever work on the state highway system is let by contract, advertisement for sealed bids must be provided for at least two (2) consecutive weeks in one (1) newspaper, having a general circulation in the county or one (1) of the counties, where the work is to be done. In addition, the department may use any medium reasonably determined to reach prospective bidders.
2. Each bid must be accompanied by a cashier’s check or a certified check in favor of the department on some bank in the state of Idaho, or by a bidder’s bond, for the sum of five percent (5%) of the amount of the bid, to be forfeited if the bidder, upon acceptance of his bid, fails or refuses to enter into a contract within fifteen (15) days after the presentation of the contract by the department to him for execution and to furnish the required bond. Checks and bonds of unsuccessful bidders shall be returned immediately after the contract is awarded. If the contracting agency allows electronically submitted bid documents, then a bid bond in electronic form with valid electronic signatures shall accompany the submittal of the electronic bid documents.
3. Except as allowed by the provisions of sections 40-904 and 40-905, Idaho Code, bids shall be opened publicly at the time and place specified in the advertisement and the contract let to the lowest responsible bidder, but the department has the right to reject any and all bids, or to let the contract for a part or all of the work.
4. If no satisfactory bid is received, new bids may be called for, or the work may be performed by day labor, or as may be determined by the department.
5. Except as allowed by the provisions of sections 40-904 and 40-905, Idaho Code, a bidder who did not submit the lowest responsible bid as determined by the department may within five (5) calendar days of bid opening file a written application to challenge the department’s determination of the lowest responsible bidder and apply to the department’s chief engineer for the appointment of a hearing officer to hold a contested case hearing. The application shall set forth in specific terms the reasons why the department’s decision is thought to be erroneous. Upon receipt of an application, the chief engineer shall appoint a hearing officer with the authority to conduct a contested case hearing in accordance with the provisions of chapter 52, title 67, Idaho Code. Upon receipt from the hearing officer of findings of fact, conclusions of law and a recommended order, the chief engineer shall review the same and enter a final order sustaining or reversing the decision of the department on the selection of the lowest responsible bidder. Following entry of the final order, the chief engineer shall have the authority to award the contract to the bidder determined in the final order to be the lowest responsible bidder at a time and in a manner which shall be in the best interest of the state.

§ 40-903. County, city or highway district bid prohibited.

No county, city or highway district shall bid on any state highway system construction project which is let by competitive bid by the Idaho transportation board; provided, however, the provisions of this section shall not prohibit the Idaho transportation board, a county, a city or a highway district from entering into agreements with one another for joint or cooperative action pursuant to the provisions of chapter 3, title 40, or chapter 23, title 67, Idaho Code.

§ 40-904. Contracts — Design build.

1. The preferred contracting method of the department shall be as described in section 40-902, Idaho Code. The department may select design-build firms and award contracts for design-build projects if the board determines that the projects are of appropriate size and scope, that awarding a design-build contract will serve the public interest, and that the method is superior to that described in section 40-902, Idaho Code. The following criteria shall be used as the minimum basis for determining when to use design-build contract procedures:
   1. Project suitability for design-build method contracting regarding time constraints, costs and quality factors;
   2. The availability, capability and experience of potential design-build firms;
   3. The department’s ability to manage design-build projects, including employing experienced personnel or outside consultants; and
   4. Other criteria the department deems relevant and states in writing in its determination to use design-build contract procedures.
2. No more than twenty percent (20%) of the department’s annual highway construction budget for the state transportation improvement program shall be used for design-build and construction manager/general contractor contracts combined.
3. No less than thirty percent (30%) of any design-build contract awarded shall be self-performed by the design-build firm awarded such contract.
4. A professional engineer licensed in the state of Idaho shall have responsible charge of preparing the request for qualifications (RFQ) and request for proposals (RFP) including the base technical concept. The term “responsible charge” shall be as defined in section 54-1202, Idaho Code. The professional engineer shall not be affiliated with any design-build firm submitting proposals on the project.
5. For each proposed design-build project, the department shall designate an evaluation committee. The evaluation committee shall include at least five (5) members who are qualified by education and experience, and at least two (2) of whom shall be professional engineers licensed in the state of Idaho. To assist in the evaluation process, the evaluation committee may retain the services of nonvoting members.
6. Any design-build firm, regardless of its organizational structure, must comply with all applicable requirements of chapter 12, title 54, Idaho Code. The designer shall employ a professional engineer licensed in the state of Idaho who is in responsible charge of all engineering on the design-build project for the design-build firm. The term “responsible charge” shall be as defined in section 54-1202, Idaho Code.
7. Any design-build firm regardless of its organizational structure, must comply with all applicable requirements of chapter 19, title 54, Idaho Code.
8. Any Idaho professional engineering licenses required shall be obtained prior to submittal of a design-build firm’s proposal. The design-build firm shall obtain any required Idaho public works licenses prior to submitting a proposal unless the project involves federal funds. If the project involves federal funds, then the design-build firm shall obtain any required Idaho public works licenses prior to contract award.
9. The department shall have the authority to discontinue the design-build firm selection process at any time prior to the opening of price proposals, subject to any applicable obligation to pay a stipend.
10. After short-list selection and contract award, and upon written request, all unsuccessful design-build firms shall be afforded the opportunity for a debriefing. Debriefings shall be provided at the earliest feasible time after a design-build firm has been selected for award. The debriefing shall:
    1. Be limited to discussion of the unsuccessful design-build firm’s proposal and shall not include specific discussion of a competing proposal.
    2. Provide information on areas in which the unsuccessful design-build firm’s proposal had weaknesses or deficiencies.
    3. Maintain the confidentiality of evaluation committee members and other design-build firms.
11. The department shall establish and determine the appropriate design-build contract method to select design-build firms and award contracts on a project-by-project basis. The method shall be stated in the request for proposals, and in the request for qualifications when applicable. The department shall use a two-step selection process for all projects. Design-build selection and contract methods that may be used are:
    1. Best value;
    2. Fixed price-best design; or
    3. Lowest price-technically acceptable. The department may only use the lowest price-technically acceptable method when:
       1. The preliminary design is completed and the design-build firm’s role is limited to completing the final design and constructing the design-build project;
       2. No right-of-way must be acquired by the design-build firm;
       3. No utility or railroad permits must be obtained by the design-build firm;
       4. The department obtains the required environmental clearances; and
       5. The department has determined that meeting the minimum technical and designer qualification requirements is sufficient for the project and that innovation or alternatives are not required.
12. The department shall advertise for request for qualifications and request for proposals in accordance with the procedures outlined in section 40-902(1), Idaho Code.
13. The RFQ and RFP shall address potential organizational conflicts of interest.
    1. No person or business entity that assisted the department in preparing the solicitation documents will be allowed to participate as a design-build firm or as a member of the design-build firm’s team; however, the department may determine that there is not an organizational conflict of interest where:
       1. The role of the person or business entity was limited to provision of preliminary design, reports, or similar “low-level” documents that may be incorporated into the solicitation but did not include assistance in the development of instructions to design-build firms or evaluation criteria; or
       2. All documents and reports delivered to the department by the person or entity are made available to all potential design-build firms.
    2. The design-build firm shall disclose all relevant facts concerning any past, present, or currently planned interests that may present an organizational conflict of interest.
    3. If at any time during the selection process or during the contract period a previously undetermined organizational conflict of interest arises, the design-build firm must disclose that information as soon as discovered and mitigate or eliminate the conflict.
14. At a minimum, the following shall be included in each request for qualifications (RFQ):
    1. Minimum design-build firm qualifications necessary to meet the project’s design-build requirements;
       1. Relevant construction-related experience and performance;
       2. Financial, personnel and equipment resources available for construction;
       3. Designer qualifications;
          1. Experience and performance of the designer on similar projects;
          2. Qualifications and relevant experience of the designer’s project manager and key personnel;
          3. Available resources of the designer.
       4. Regulatory compliance risks;
       5. Construction phase risks;
       6. Postconstruction risks; and
       7. Right-of-way risks;
       8. Where all documents and reports delivered to the department by the person or business entity are made available to all potential CM/GC firms.
       9. Award a contract to the best evaluated CM/GC firm; or
       10. Award to the next best evaluated CM/GC firm if the best evaluated CM/GC firm is determined to be nonresponsive, declines the award and forfeits the proposal guaranty or the parties are unable to reach a mutually acceptable contract.
    2. Scope of work statement and schedule;
    3. Documents defining the project requirements;
    4. Maximum time allowed for project design and construction;
    5. Estimated cost of project design and construction;
    6. Requirements for key personnel;
    7. Scoring criteria for evaluating the qualifications submitted; and
    8. The number of firms to be short-listed. The number of firms short-listed shall be no less than two (2) or more than five (5).
15. The criteria for evaluation of qualifications may include, without limitation:
    1. Technical qualifications for construction, such as specialized experience and technical competence, including key personnel;
    2. Capability to perform construction, including the availability of key personnel;
    3. Designer qualifications;
    4. The proposed plan of the design-build firm to manage the design and construction of the project;
    5. Understanding of and approach to the project;
    6. Organizational conflicts of interest;
    7. Other appropriate qualifications-based selection factors.
16. The RFQ shall not include any price-related factors. Designer qualifications shall be included in the selection process as a percentage of the total score based on project complexity, potential for design innovation and alternatives, and the project’s impacts to the public during construction and operation. The department shall develop a short-list of the most qualified design-build firms from the proposals submitted in response to the request for qualifications. If only a single design-build firm responds to the RFQ or remains on the short-list, the department may issue a new RFQ or cancel the solicitation.
17. The department shall provide to each design-build firm that submitted qualifications the summary of scores of all proposers and the design-build firms’ evaluation worksheets within three (3) business days following notification of the short-list. The confidentiality of the evaluation committee members and other design-build firms shall be maintained.
18. Design-build firms that submit qualifications and that do not qualify for the short-list generated by the department may challenge the department’s determination in accordance with the procedures outlined in section 40-902(5), Idaho Code. A challenge must be filed with the department within seven (7) calendar days of the date the department transmitted the evaluation scores and worksheets.
19. The department shall prepare a request for proposals (RFP) for each design-build contract. The RFP shall address the base technical concept for the design-build contract.
20. The RFP shall define the base technical concept, the mandatory project scope elements, deliverables and the project schedule including, but not limited to:
    1. Performance and technical requirements;
    2. Conceptual design;
    3. Specifications;
    4. Functional and operational elements for the delivery of the completed project;
    5. Description of the selection and award criteria, including the weight or relative order, or both, of each criterion;
    6. Copies of the contract documents the selected bidder will be expected to sign;
    7. Maximum time allowed for project design and construction;
    8. Estimated cost of design and construction or fixed price;
    9. A requirement that all proposals be submitted to the department in two (2) parts:
       1. A technical proposal; and
       2. A price proposal;
    10. A requirement that all proposals be submitted in a separately sealed, clearly identified package that includes the date and time of the submittal deadline;
    11. A requirement that the technical proposal include a critical path method and bar schedule of the work to be performed, or similar schematic, design plans and specifications, technical reports, calculations, permit requirements, applicable development fees, designer qualifications as they relate to the technical proposal and other data requested in the request for proposals;
    12. A requirement that the price proposal contain all design, construction, engineering, quality control and assurance, and construction costs of the proposed project;
    13. The terms and conditions for stipends, including waiving of the stipend, and when the stipend shall be paid;
    14. The date, time and location of the public opening of the sealed price proposals;
    15. The basis for design-build firm selection and contract award;
    16. When applicable, the alternate technical concept deadline; and
    17. Other information relevant to the project.
21. The RFP selection and award criteria shall include price, shall include the design-build firm’s design and construction qualifications, and may include time of completion, innovation, design and construction quality and other technical or quality related criteria. The qualification based selection process required pursuant to section 67-2320, Idaho Code, in obtaining certain consultant services is not applicable. When applicable, the percent weighting of the technical proposal score that is assigned to the designer qualifications shall be based on the project’s level of design completeness prior to the RFP and the opportunity for design innovation and alternatives.
22. As part of the RFP, and when available, the department shall make available any project specific documentation, drawings, files, reports and other pertinent materials that would be of use to the eligible design-build firms.
23. The RFP shall address and identify contract provisions including, but not limited to:
    1. Allocation of known risks according to the type and location of the project, and the following risk factors shall be considered: (i) Governmental risks;
    2. Payment and performance bonds;
    3. Proposal guaranty;
    4. General and professional liability insurance;
    5. Meetings regarding the preconstruction services;
    6. The department’s standards, rules, guidelines, and special provisions requirements;
    7. Environmental regulatory requirements, including whether the department or the design-build firm will acquire any or all of the permits required for construction;
    8. Design and construction requirements, including specifications;
    9. The final documents to be provided by the design-build firm upon completion of the project, which may include “as built” plans, engineering reports, shop drawings, test results, documentation, daily reports and item quantities;
    10. The date for submittal of the technical and price proposals; and
    11. The date for opening the sealed price proposals.
24. The RFP may allow design-build firms to submit one (1) or more alternate technical concepts (ATCs).
    1. ATCs will only be considered if they are determined by the department at its sole discretion to be equal to or better than the base technical concept. Typically, ATCs will improve project quality and/or reduce project costs. The department may allow preapproved ATCs as part of the design-build firm’s proposal.
    2. A proposed ATC is not acceptable if it merely seeks to reduce quantities, performance or reliability, or seeks a relaxation of the contract requirements. ATCs shall be submitted by the design-build firm by the date specified within the RFP and preapproved in writing by the department prior to the proposal submittal date. All technical proposals must include the department’s preapproval letters for consideration of the ATCs.
    3. A design-build firm may incorporate one (1) or more preapproved ATCs into its technical and price proposal. Each design-build firm shall submit only one (1) proposal.
    4. The price proposal shall reflect any incorporated ATCs. Except for incorporating approved ATCs, the proposal may not otherwise contain exceptions to or deviations from the requirements of the RFP.
    5. The RFP will not distinguish between proposals that do not include any ATCs and proposals that include ATCs. Both types of proposals shall be evaluated against the same technical criteria, and a best value determination shall be made in the same manner.
    6. An approved ATC that is incorporated into a design-build firm’s proposal will become part of the design-build contract upon award of the design-build contract to that design-build firm.
    7. ATCs properly submitted by a design-build firm and all subsequent communications regarding its ATCs shall be considered confidential prior to the award of the design-build contract.
25. Prior to proposal submittal, the department shall offer design-build firms equal opportunity to participate in one-on-one meetings with the department regarding their proposals if the department determines that such discussions are needed. The department shall disclose to all design-build firms any issues impacting the scope of work or base technical concept that are relevant to the RFP. The department shall not disclose information pertaining to an individual design-build firm’s ATCs or confidential business strategies. (26) The technical proposal and price proposal shall be submitted concurrently. The technical proposal and price proposal shall be submitted to the department in separate sealed envelopes marked in strict accordance with the requirements and timeline contained in the RFP, or as it may be amended.
26. The technical proposal and price proposal shall be submitted concurrently. The technical proposal and price proposal shall be submitted to the department in separate sealed envelopes marked in strict accordance with the requirements and timeline contained in the RFP, or as it may be amended.
27. After proposals are submitted, and prior to opening the price proposals, the evaluation committee shall open, review and score or otherwise evaluate the technical proposals and any other required technical information in accordance with the evaluation criteria established in the RFP.
28. After proposals are submitted, and prior to opening the sealed price proposals, the department may hold discussions with design-build firms during the technical proposal evaluations. Discussions shall be held with all design-build firms that submitted proposals. The department shall disclose to all design-build firms issues impacting the scope of work or base technical concept that are relevant to the RFP. The department shall not disclose information pertaining to a design-build firm’s proposal, ATCs or other technical concepts. The department may issue a revised RFP that may or may not include changes in the scope, contract requirements or stipend amount. All design-build firms shall be given an opportunity to submit revised technical and price proposals that may result from the discussions.
29. Sealed price proposals shall be kept in a secure location until read publicly. When applicable, the technical scores and best values shall be read publicly at the same time.
30. If an RFP includes a time factor with the selection criteria, the department shall adjust the price using a department established value of the time factor. The department established value of the time factor shall be expressed as a value per day. The total time value shall be the total number of days to complete the project multiplied by the time factor. The time-adjusted price is the total time value plus the total price proposal amount.
31. The basis for design-build firm selection and contract award shall be as follows:
    1. Best Value Method: Each proposer’s price proposal, time adjusted if applicable, is divided by the technical proposal score to obtain a total score. The department shall award the contract to the design-build firm whose total score is lowest.
    2. Fixed Price — Best Design Method: The department shall award the contract to the design-build form whose technical proposal score is highest.
    3. Lowest Price — Technically Acceptable Method: The department shall award the contract to the design-build firm who meets the minimum technical and designer qualifications requirements identified in the RFP and whose price proposal is lowest.
32. Proposals that are not responsive to the RFP may be excluded from consideration. The criteria used for determining whether a proposal is not responsive shall be defined in the RFP. Design-build firms whose proposals are excluded from consideration are not eligible for payment of a stipend.
33. At the discretion of the department, a stipend may be paid to eligible design-build firms who submit responsive but unsuccessful proposals in response to the RFP. The decision to do so shall be based upon the department’s analysis of the estimated proposal development costs, the complexity of the project and the anticipated degree of competition during the procurement process. The department shall pay the stipend within forty-five (45) calendar days after award of a contract or the decision not to award a contract. (34) If a stipend is provided to an unsuccessful design-build firm, the work produced within that design-build firm’s proposal for the project shall be provided to the department for its use in connection with the contract awarded for the project, or in connection with a subsequent procurement, without any additional compensation to the unsuccessful design-build firm.
34. If a stipend is provided to an unsuccessful design-build firm, the work produced within that design-build firm’s proposal for the project shall be provided to the department for its use in connection with the contract awarded for the project, or in connection with a subsequent procurement, without any additional compensation to the unsuccessful design-build firm.
35. In consideration for paying the stipend, the department may use any ideas or information contained in the submitted proposals with no obligation to pay any additional compensation to the unsuccessful design-build firm.
36. The department may either:
    1. Reject all proposals;
    2. Award a design-build contract to the design-build firm; or
    3. Award to the next ranked design-build firm, if the selected design-build firm declines the award and forfeits the proposal guaranty.
37. The department is not required to award a contract. If the department does award a contract, a contract shall be executed and a notice to proceed shall be given to the successful design-build firm.
38. When applicable, the department shall provide to each design-build firm that submitted proposals the summary of scores of all proposers and the design-build firms’ evaluation worksheets within three (3) business days following notification of intent to award. The confidentiality of the evaluation committee members and other design-build firms shall be maintained.
39. Design-build firms that submit proposals and are not selected for the award of the contract may challenge the department’s determination in accordance with the procedures outlined in section 40-902(5), Idaho Code. A challenge must be filed with the department within seven (7) calendar days of the date the department transmitted the evaluation scores and worksheets.

§ 40-905. Contracts — Construction manager/general contractor.

1. The preferred contracting method of the department shall be as described in section 40-902, Idaho Code. The department may select construction manager/general contractor (CM/GC) firms and award contracts for highway projects as provided herein. CM/GC highway projects shall be of appropriate size and scope to encourage maximum competition and participation by qualified firms. CM/GC procedures may be used for a specific highway project only after the board determines that awarding a CM/GC contract will serve the public interest and is superior to that described in section 40-902, Idaho Code. The following criteria shall be used as the minimum basis for determining when to use CM/GC contract procedures:
   1. Project suitability for CM/GC contracting regarding time constraints, costs and quality factors;
   2. The availability, capability and experience of potential CM/GC firms;
   3. The department’s ability to manage CM/GC projects, including employing experienced personnel or outside consultants; and
   4. Other criteria the department deems relevant and states in writing in its determination to use CM/GC contract procedures.
2. No more than twenty percent (20%) of the department’s annual highway construction budget for the state transportation improvement program shall be used for design-build and CM/GC contracts combined.
3. No less than thirty percent (30%) of any CM/GC contract awarded shall be self-performed by the CM/GC firm awarded such contract.
4. A professional engineer licensed in the state of Idaho shall have responsible charge of preparing the request for proposals (RFP). Responsible charge shall be as defined in section 54-1202, Idaho Code. The professional engineer shall not be affiliated with any CM/GC firm submitting proposals on the project.
5. Any CM/CG firm shall comply with all applicable requirements of chapter 19, title 54, Idaho Code. The requirements of chapter 45, title 54, Idaho Code, do not apply.
6. For each proposed CM/GC project, the department shall designate an evaluation committee. The members of the evaluation committee shall include at least five (5) members who are qualified by education and experience. To assist in the evaluation process, the evaluation committee may retain the services of nonvoting members.
7. After award of the contract, and upon written request, all unsuccessful CM/GC firms shall be afforded the opportunity for a debriefing. Debriefings shall be provided at the earliest feasible time after a CM/GC firm has been selected for award. The debriefing shall:
   1. Be limited to discussion of the unsuccessful CM/GC firm’s proposal and shall not include specific discussion of a competing proposal;
   2. Provide information on areas in which the unsuccessful CM/GC firm’s proposal had weaknesses or deficiencies; and
   3. Maintain the confidentiality of the evaluation committee members and the other CM/GC firms. (8) Contracts for the services of a CM/GC shall be awarded through a competitive process requiring the public solicitation of requests for proposals for CM/GC services. The request for proposals shall include price components and meeting requirements as stated in the request for proposals.
8. Contracts for the services of a CM/GC shall be awarded through a competitive process requiring the public solicitation of requests for proposals for CM/GC services. The request for proposals shall include price components and meeting requirements as stated in the request for proposals.
9. The department shall advertise requests for proposals in accordance with the procedures outlined in section 40-902(1), Idaho Code.
10. The RFP shall address potential organizational conflicts of interest.
    1. No person or business entity that assisted the department in preparing the solicitation documents will be allowed to participate as a CM/GC firm or as a member of the CM/GC firm’s team; however, the department may determine that there is not an organizational conflict of interest where:
    2. The role of the person or business entity was limited to provision of preliminary design, reports or similar “low-level” documents that may be incorporated into the solicitation but did not include assistance in the development of instructions to CM/GC firms or evaluation criteria; or
    3. If at any time during the selection process or during the contract period a previously undetermined organizational conflict of interest arises, the CM/GC firm must disclose that information as soon as discovered and mitigate or eliminate the conflict.
11. At a minimum, the request for proposals shall include:
    1. A description of the project, including programmatic, performance, and technical requirements and specifications when available;
    2. A description of the qualifications to be required of the firm;
    3. A description of the requirements of key personnel;
    4. A description of the process the department will use to evaluate qualifications and proposals, including evaluation and scoring criteria;
    5. Schedule of items for which the CM/GC firm shall submit unit prices;
    6. A requirement that the CM/GC firm describe its approach to pricing; and
    7. The form of the contract, including any contract for preconstruction services, to be awarded.
12. Evaluation factors for selection of the CM/GC shall include, but not be limited to:
    1. Ability of the firm’s key personnel;
    2. Financial, labor and equipment resources available for the project;
    3. Ability of the firm to meet time and budget requirements;
    4. Scope of work the firm proposes to self-perform and its ability to perform that work;
    5. The firm’s approach to working collaboratively with the department, and the department’s consultant(s) when applicable, and to executing the project;
    6. Construction experience in similar projects;
    7. Submitted unit prices;
    8. Approach to pricing; and
    9. Organizational conflicts of interest.
13. The basis for selection shall be stated in the request for proposal. Selection shall be based on the responsible proposer whose proposal is evaluated as providing the best value to the department. (14) The contract shall be awarded in two (2) phases. The first is for services during the design phase that may include life-cycle cost considerations, scheduling, cost estimating, constructability, alternative construction options for cost savings, and sequencing of work. The second phase is for construction services. The second phase will be awarded after the plans have been sufficiently developed and a guaranteed maximum price for construction services has been successfully negotiated. Incremental construction phases may be awarded after guaranteed maximum prices are negotiated for each phase.
    1. For the first phase, the department may either:
    2. i Reject all proposals;
       1. Award a construction contract or incremental construction contracts upon successful negotiations of a guaranteed maximum price; or
       2. Advertise, bid and award in accordance with section 40-902, Idaho Code.

(b) The CM/GC firm shall disclose all relevant facts concerning any past, present or currently planned interests that may present an organizational conflict of interest.

(b) For the second phase, the department may either:

((14) The contract shall be awarded in two (2) phases. The first is for services during the design phase that may include life-cycle cost considerations, scheduling, cost estimating, constructability, alternative construction options for cost savings, and sequencing of work. The second phase is for construction services. The second phase will be awarded after the plans have been sufficiently developed and a guaranteed maximum price for construction services has been successfully negotiated. Incremental construction phases may be awarded after guaranteed maximum prices are negotiated for each phase.

(15) The CM/GC shall provide performance and payment bonds during construction phases.

(16) The department is not required to award a contract. If awarded, however, a contract shall be executed and notice given to proceed with the work.

(17) The department shall provide to each CM/GC firm that submitted proposals the summary of scores of all proposers and the CM/GC firms’ evaluation worksheets within three (3) business days following notification of intent to award. The confidentiality of the evaluation committee members and other CM/GC firms shall be maintained.

(18) CM/GC firms that submit proposals and are not selected for the award of the contract may challenge the department’s determination in accordance with the procedures outlined in section 40-902(5), Idaho Code. A challenge must be filed with the department within seven (7) calendar days following the date the department transmitted the evaluation scores and worksheets.

§ 40-906 — 40-912. [Repealed.]

§ 40-913. Resolution for use of day labor — Materials or supplies purchased on the open market.

After twice rejecting all bids received for the same project, the county or district commissioners may, after preparing a cost estimate and finding it to be a fact, pass a resolution declaring that the project can be performed more economically by day labor, or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution it may have the project accomplished in the manner stated. The work performed or the materials or supplies provided shall be in accordance with the same plans and specifications upon which the bids were based. A complete and accurate record shall be kept of the cost of performing the work and this cost record shall be in a form that allows easy comparison with the cost estimate. The record shall show the totals of all classes and kinds of work performed, the total cost and unit cost of each class, together with the costs of executing the work including the costs of labor, material, equipment purchased, rental of equipment, insurance, fringe benefits, superintendence and all other overhead allocable to that project, including the reasonable value of the use of equipment owned by the county or district.

§ 40-914, 40-915. Duties of contractor — Allowance of contractors’ claim. [Repealed.]

§ 40-916. Prohibited contracts

Penalty. [Repealed.]

§ 40-917 — 40-926. Trees, felling into highway or injury to shade tree — Penalty — Bridges, maximum loads, notices, traffic regulations, notices — Penalties and forfeitures, disposition — Local law unaffected — Width of highway across stream — Passageways for stock — Damages by livestock — Bridges and culverts fortified for traction engines. [Repealed.]

§ 40-1001. Countersigning, drawing and payment.

1. The secretary of a highway district shall countersign all drafts and warrants on the highway district treasury, and no payment of district funds shall be made except on a draft or warrant countersigned by him. He shall not countersign any draft or warrant until he has found that payment has been legally authorized, that the money for it has been duly appropriated and that the appropriation has not been exhausted.
2. Warrants shall be drawn by and countersigned upon the order of the chairman of the highway commissioners, or in his absence, the other highway commissioners. No drafts or warrants shall be drawn except upon appropriation of the highway commissioners, nor in excess of the moneys actually in the district treasury. Warrants may be issued in anticipation of the collection of taxes, but not in excess of the amount of the levy, nor shall any warrants be issued, nor indebtedness incurred in anticipation of the levy, except as provided in section 40-816, Idaho Code.
3. When a warrant is presented for payment, if there is money in the treasury for the purpose, the treasurer must pay the same and write on the face of it, “paid,” the date of payment and sign his name.

§ 40-1002. Nonpayment — Call.

When any warrant is presented to the district treasurer for payment, and it is not paid for want of funds, the treasurer must indorse on the back of the warrant, “not paid for want of funds,” and shall write upon it the date of presentation and sign his name. Warrants indorsed by the treasurer shall draw interest at the rate established by the district board from the date of indorsement until paid.

§ 40-1003. Notice of call.

The district treasurer shall provide himself, at the expense of the district, with a bulletin board, across the top of which shall be painted or inscribed the words, “. . . . highway district warrant bulletin.” It is the duty of the treasurer to keep the bulletin board conspicuously, securely and permanently in place in his office, and upon it place in a manner which will insure continuous notice of not less than sixty (60) days all notices issued by him, whether written or printed, calling for the presentation of district warrants for payment.

§ 40-1004. Notice to be mailed.

Whenever there is an amount to the credit of the district fund as shown by the books of the treasurer sufficient to pay the warrant or warrants next entitled to payment, the treasurer shall immediately place in his office a notice that the warrant or warrants will be paid on presentation, stating the number and series of the warrants. The treasurer shall send, by mail, to the record holder of the warrant notice that the warrant will be paid on presentation.

§ 40-1005. Interest ceases ten days after call.

Interest on any warrant shall cease on the expiration of ten (10) days from the time of the posting of the notice. For all sums which may be paid by the treasurer, as interest on any warrant, after the expiration of ten (10) days from the earliest date at which there were sufficient funds with which to have called and paid the warrant, the treasurer and his sureties shall be liable upon his official bond.

§ 40-1006. Warrants bearing interest — Duties and accounts of treasurer.

When the treasurer pays any warrant on which interest is due, he must note on the warrant the amount of interest paid and enter on his account the amount of the interest distinct from the principal.

§ 40-1007 — 40-1013. Bids — Procedure — Awarding of contracts — Resolution for use of day labor — Materials or supplies purchased on open market — Expenditures in emergencies. [Repealed.]

§ 40-1101. Bonds — Funding.

Every highway district is granted the authority under article VIII of the Idaho constitution to issue negotiable coupon bonds for construction, improvements or repairs of any highways or structures in the district; for the purchase of material and machinery; for contracting highway engineering and construction; for the necessary expenses of the district in connection with these purposes; or for any or all of these or connected purposes. Every highway district is also granted the authority by resolution of its board of commissioners, without election, to issue negotiable coupon bonds for the purposes of funding or refunding any existing indebtedness, whether the indebtedness exists as warrant indebtedness or otherwise. Where an election is required under the provisions of article VIII of the Idaho constitution to authorize a bond issue, the election may be held with other elections. Elections shall be conducted by the county clerk in the same manner as county elections pursuant to title 34, Idaho Code. Authorization for the issuance, sale and redemption of bonds other than funding or refunding existing indebtedness, shall be as provided by chapter 2, title 57, Idaho Code. The total amount of bonds any district has issued and outstanding at any time shall not exceed two percent (2%) of the market value for assessment purposes of all the taxable property in the district as shown by the last preceding assessment list.

§ 40-1102. Security for bonds.

1. The full faith, credit, and all taxable property within the limits of a highway district, as they exist at the time of the original resolution of the respective highway district for the issuance of bonds, or may subsequently be extended, shall continue pledged, and the proper officers of the district shall continue to assess and collect on all taxable property within the limits of the highway district necessary taxes to pay the bonds and interest as they become due. Should the tax for the payment of interest on or the principal of bonds not be collected in time to meet the payment, the money must be paid out of any moneys in the general fund of the district, and the moneys used for the payment shall be repaid out of the first moneys paid into the fund from which taken, and a sum sufficient to cover the deficit shall be levied and collected in the next, or any succeeding year. Failure of the officers of the district to comply with the provisions of this section shall be deemed guilty of a misdemeanor.
2. No bond issued shall be invalidated, annulled, or set aside on account of any defect, irregularity, omission, informality, or failure to comply with the provisions of this title, unless it shall appear to the court that a substantial injury has been or is about to be suffered by the property owners and taxpayers of the district. Bond issues shall rest upon the consent of the taxpayers and the credit of the district shall not be injured by the cancellation of securities when issued.
3. The district may recite in the bonds that all acts requisite to the issue of them have been duly and regularly performed and fully complied with, and that they are duly and regularly issued, and as affecting innocent purchasers, the recital shall be conclusive.

§ 40-1103. Levies for bonds in special tax districts — Refunding.

Should any bond issue where the indebtedness has been charged in part against adjoining property be funded or refunded so that a sinking fund for the original issue is not required to be established, then the annual levy for sinking fund requirements need not be made upon the land in the special tax districts created in respect to the bond issue; or, at the option of the highway district commissioners, a portion of the bond issue, to meet a sufficient amount which has been charged against the special tax districts, may remain without refunding, and shall subsequently be paid and retired with the proceeds of the special taxes on the land within the special tax districts. If the proceeds prove temporarily insufficient, then they shall be paid from the other revenues of the district. If the whole of an issue is refunded and new bonds issued, then the land within the special tax districts shall continue to be specially taxed for the new bonds, equal in amount to the refunding issue equably, both as to principal and interest, with the taxation of the district at large for the bond purposes. On the funding of any issue of bonds, on receiving from the treasurer of the district a certificate, under the seal of the district, signed by the secretary and treasurer of the district and either by the chairman or by the other highway district commissioners that the bonds have been actually funded and retired, the special assessment made against the land within the special tax districts created for the bond issue as provided in section 40-810, Idaho Code, shall be canceled, vacated and annulled, and a new special levy of the same amount shall be assessed against the land in the special tax districts in respect to the new or refunding bonds.

§ 40-1105. Election — Issuance.

The election and all acts and proceedings had and taken in connection by highway district commissioners in respect to bonds and the levy of ad valorem taxes for the construction, improvement or repair of highways are legalized, approved and validated and constituted the negotiable legal obligations of the highway district, where:

1. A two-thirds (2/3) majority of the qualified electors of the highway district voting on the proposition voted in favor of the issuance of bonds of the highway district;
2. Notice of the election was given as essentially provided by section 40-206, Idaho Code;
3. The canvass of the vote revealed the required majority was recorded in the records of the highway district commissioners, and a resolution adopted and recorded in the district records authorizing the issuance of bonds of the district;
4. The maturity of the bonds was within thirty (30) years;
5. A rate of interest was prescribed and an ad valorem tax upon all taxable property in the district sufficient to pay the bonds as maturity was levied; and
6. The bonds were in an amount not exceeding ten per cent (10%) of the assessed valuation if sold and delivered prior to July 1, 1980, or two per cent (2%) of the market value for assessment purposes if sold and delivered on or after July 1, 1980, of all taxable property of the highway district, and the proceeds received by the treasurer of the highway district and expended in the construction, improvement or repair of highways located within the highway district.

§ 40-1106. Bonds of county.

Nothing in this chapter shall be construed as a limitation of the power of the commissioners to issue bonds for the construction or the repairs of highways and bridges. Whenever the commissioners shall issue bonds for the construction or repair of highways and bridges under the provisions of chapter 19, title 31, Idaho Code, upon the authorization of two-thirds (2/3) of the qualified electors of the county voting at an election held for that purpose, pursuant to a resolution of the commissioners and entered upon their journal specifying, describing and defining the highways or bridges to be constructed or repaired, and giving the termini and the general course of each highway and the approximate location of each bridge it is proposed to construct, and appropriating a specific amount for any highway or bridge wholly or partially within any organized highway district, then the commissioners shall have full jurisdiction and power to locate and construct or repair the highway or bridge within the highway district, and to apply a specific appropriation so derived from the issue of bonds or so much of them as may be necessary.

§ 40-1107 — 40-1115. License and toll rate — Bond — Bridges and ferries connecting counties — Disqualification of county commissioner — Distance between bridges and ferries — Condemnation of land — Posting rates of tolls — Disposal of license money — Care of banks. [Repealed.]

§ 40-1201. Interstate bridges on state highways — Maintenance and control.

When interstate bridges are located on designated state highways and designated state highways of any adjoining state, the portions of bridges within the state of Idaho shall be controlled, operated and maintained by the board, which is hereby vested with all power and authority necessary or incidential [incidental] to the maintenance, operation and control of them.

§ 40-1202. Petition for constructing — Notice of hearing.

When the construction of a new bridge, for which the expenditure contemplated will exceed twenty-five thousand dollars ($25,000), five percent (5%) or twenty-five (25) qualified voters, whichever is greater, of a county highway system or highway district system interested in it may petition the respective commissioners for the erection of the needed bridge. The commissioners shall then advertise the petition, in accordance with the provisions of section 40-206, Idaho Code, giving the location and notify the director of highways to attend at a certain time and place to hear the petition.

§ 40-1203. Petition hearing — Duty of highway commissioners.

On the day fixed to hear the petition, proof of the notice given being made satisfactory, the county or district highway commissioners shall hear the petition, examine witnesses, and determine whether or not a bridge as petitioned for is necessary. If the petition is approved the county or district highway commissioners shall determine the type of bridge to be constructed, prepare plans and specifications, invite bids, let the contract, have the bridge erected, and provide payment for it.

§ 40-1204. Bridges costing over five thousand dollars

Contracts for construction and repair. [Repealed.]

§ 40-1205. Bridges — Reports.

The director of highways shall, in his official reports, give a full account of all bridges for which he has in whole or in part the charge and maintenance and those bridges constructed or repaired, the cost, amounts expended, from what source moneys were derived, and the present and prospective condition of the bridges.

§ 40-1206. Maximum load — Posting of notices.

County or highway commissioners may limit the maximum load to be carried over and on any public bridge over which they have jurisdiction below the limit prescribed by law. In this case, the highway commissioners shall cause suitable signs to be erected and maintained at the approach to the bridge, specifying the limitation of load.

§ 40-1207. Traffic regulations — Posting of notices — Penalty.

Directors of highways, or any other persons legally appointed to take charge of a bridge, may post a notice to set out and provide that no horse or mule-drawn vehicle, nor a person riding a horse or mule shall travel across the bridge or any portion of the bridge faster than at a walk; that horses, mules or cattle shall not be allowed to cross in bunches of more than twenty (20) at a time, and shall not travel faster than at a walk. The notice shall be posted in a conspicuous place and shall be in letters large enough and placed in a manner that it may be easily read by the public. Directors of highways may make other rules and regulations governing the traffic on bridges within their jurisdiction when it is deemed necessary for the safety of the public, and may post a notice of the rules in the manner provided in this section. Any person convicted for violating any of the provisions of a notice as provided for by this section shall be guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars ($10.00) nor more than three hundred dollars ($300), or may be imprisoned not less than ten (10) days nor more than sixty (60) days in the county jail, or by both fine and imprisonment.

§ 40-1208 — 40-1210. Penalty for avoiding tolls — Acquisition of toll bridges — Toll bridges costing over $25,000 — Private ownership. [Repealed.]

§ 40-1301. Districts as now organized validated.

All highway districts as now organized and constituted are hereby validated and shall continue as public corporations.

§ 40-1302. County division or change in boundaries — Joint highway district formed.

When a county division or change in the boundaries of a county divides an existing highway district the district shall continue as a joint highway district until changed as provided by this title. It shall be the duty of the commissioners of the respective counties affected to rename the district as a joint highway district, and the renamed joint highway district shall in all things be considered a continuation of the existing district.

§ 40-1304. Division of districts into subdistricts — Vacancy in office of highway commissioner.

1. At the meeting of the county commissioners at which the highway district is declared organized, the commissioners shall divide the highway district into three (3) subdistricts, as nearly equal in population, area and mileage as practicable, to be known as highway commissioners subdistricts one, two and three. Subdistricts may be revised or modified by the highway district commissioners as changes in conditions demand. Not more than one (1) of the highway district commissioners shall be an elector of the same highway subdistrict. The first highway district commissioners appointed by the governor shall serve until the next highway district election, at which their successors shall be elected. The highway commissioners shall take office on July 1 following their election.
2. Any vacancy occurring in the office of highway commissioner, other than by expiration of the term of office, shall be determined by the remaining highway district commissioners using the criteria established in section 59-901, Idaho Code. If it is determined that a vacancy has occurred, the commissioners shall declare there is a vacancy and such vacancy shall be filled by the highway district board and be for the balance of the term of the person replaced. If the remaining highway district commissioners are unable to agree on a person to fill the vacancy within thirty (30) days after the vacancy occurs, the chairman of the county commissioners of the county with the largest number of electors in the highway district shall then become a member of the highway district board for the purpose of filling the vacancy only. If a majority of the highway district board so constituted shall be unable to agree upon a person to fill the vacancy within thirty (30) days, or if two (2) or more vacancies shall occur in the board of highway commissioners at one time, a special election to fill the vacancy shall be called and held in the same manner provided by law for the holding of elections for highway commissioners, except that the date of the election shall be as soon as possible, and all duties imposed by law upon the highway district board in connection with elections shall be performed by the county commissioners.
3. When there are two (2) or more vacancies on the highway district board at the same time, the chairman of the county commissioners, along with the additional county commissioners that the county commission chairman appoints, and with the remaining highway district commissioner, if applicable, shall constitute a temporary board of highway district commissioners. The temporary board of highway district commissioners shall perform the duties required by law of a highway district board of commissioners until the newly elected highway commissioners take office.

§ 40-1305B. Board of commissioners — One nomination — No election.

In any election for a highway district commissioner, if after the deadline for filing a declaration of intent as a write-in candidate, it appears that only one (1) qualified candidate has been nominated for a subdistrict to be filled, it shall not be necessary for the candidate of that subdistrict to stand for election, and the board of highway district commissioners shall declare such candidate elected as commissioner, and the secretary of the highway district shall immediately make and deliver to such person a certificate of election signed by him and bearing the seal of the district.

§ 40-1305C. Declaration of candidacy — Qualifications.

1. Candidates for election as a highway district commissioner shall be nominated by nominating petitions, each of which shall bear the name of the nominee, the subdistrict for which the nomination is made, the term for which nomination is made, bear the signature of not less than five (5) electors of the candidate’s specific subdistrict, and be filed with the election official of the highway district. The form of the nominating petition shall be as provided by the county clerk. The nomination shall be filed not later than 5:00 p.m. on the sixth Friday preceding the election for which the nomination is made. The election official shall verify the qualifications of the nominee, and shall not more than seven (7) days following the filing certify the nominees to be placed on the ballot.
2. A nominee shall qualify for the office of highway district commissioner if such nominee:
   1. Has attained the age of twenty-one (21) years at the time of his election; and
   2. Is a citizen of the United States; and
   3. Is a resident of the highway district commissioner’s subdistrict for which he seeks office.

§ 40-1305D. Notice of election filing deadline. [Repealed.]

§ 40-1305E. Notice of election. [Repealed.]

§ 40-1305F. Board of commissioners — One nomination

No election. [Repealed.]

§ 40-1305G. Write-in candidates. [Repealed.]

§ 40-1305H. Absentee ballots. [Repealed.]

§ 40-1305I. Conduct of election on election day. [Repealed.]

§ 40-1305J. Canvass of votes. [Repealed.]

§ 40-1305K. Comparison of poll lists, ballots and registration cards

Void ballots. [Repealed.]

§ 40-1305L. Counting of ballots

Certificates of judges. [Repealed.]

§ 40-1305M. Transmission of supplies to district office. [Repealed.]

§ 40-1305N. Board of canvassers

Meetings. [Repealed.]

§ 40-1305O. Board’s statement of votes cast. [Repealed.]

§ 40-1305P. Certificates of election. [Repealed.]

§ 40-1305Q. Tie votes. [Repealed.]

§ 40-1305R — 40-1305Z. [Reserved.]

§ 40-1305BB. Petition — Where filed. [Repealed.]

§ 40-1305CC. Ballot synopsis. [Repealed.]

§ 40-1305DD. Determination by magistrate court — Correction of ballot synopsis. [Repealed.]

§ 40-1305EE. Filing supporting signatures — Time limitations. [Repealed.]

§ 40-1305FF. Petition — Form. [Repealed.]

§ 40-1305GG. Petition — Size. [Repealed.]

§ 40-1305HH. Number of signatures required. [Repealed.]

§ 40-1305II. Canvassing petition for sufficiency of signatures — Notice. [Repealed.]

§ 40-1305JJ. Verification and canvass of signatures — Procedure. [Repealed.]

§ 40-1305KK. Fixing date for recall election — Notice. [Repealed.]

§ 40-1305LL. Response to petition charges. [Repealed.]

§ 40-1305MM. Destruction of insufficient recall petition. [Repealed.]

§ 40-1305NN. Invalid names — Record of. [Repealed.]

§ 40-1305OO. Conduct of election — Form of ballot. [Repealed.]

§ 40-1305PP. Ascertaining the result — When recall effective. [Repealed.]

§ 40-1305QQ. Enforcement provisions — Mandamus — Appeals. [Repealed.]

§ 40-1305RR. Violations by signers. [Repealed.]

§ 40-1305SS. Violations — Corrupt practices. [Repealed.]

§ 40-1306. Organization of highway commissioners — Meetings — Officers — Official bonds.

1. Immediately after qualifying and appointment and after a highway district commissioner election and the newly elected commissioners take office, the highway commissioners shall meet and organize, shall elect a chairman from their number, and shall appoint a secretary and treasurer who may also be from their number. The offices of secretary and treasurer may be filled by the same person. Certified copies of all appointments, under the hand of each of the commissioners, shall be filed with the clerk of each of the counties in which the highway district is located and with the secretary of the highway district.
2. As soon as practicable after organization, and when deemed expedient or necessary, the highway commissioners shall designate a day, hour and place at which regular meetings shall be held, which shall be within the district or at the county seat of the county in which the district is located. Regular meetings shall be held at least quarterly. A majority of the highway commissioners may exercise all of the powers of the board of highway district commissioners.
3. The officers of the highway district shall take and file with the district secretary an oath for the faithful performance of the duties of their respective offices. The district treasurer shall on his appointment execute and file with the district secretary an official bond in an amount as may be fixed by the highway district commissioners, which shall not be less than fifty thousand dollars ($50,000), and shall from time to time execute and file any further bonds as required of the highway district commissioners in amounts fixed by them, which amounts shall be at least sufficient to cover the anticipated amounts of money coming into his hands, at any one (1) time, plus an additional twenty-five percent (25%).

§ 40-1306C. Highway district records — Open to the public.

All records of the highway district are open to the public, except as provided by law. With respect to highway district records, chapter 1, title 74, Idaho Code, provides definitions, procedure for the right to examine, requests for the examination, records exempt from disclosure, copy fees, separation of exempt and nonexempt records, enforcement rights, court orders and penalties.

§ 40-1307. Highway districts are bodies corporate.

Every highway district organized as provided by law is a body politic and corporate, and as such has the power specified in this chapter and in other statutes, including the power of eminent domain, and powers as necessarily implied from those expressed. The power of a highway district lies in the highway commissioners or by agents and officers acting under their authority or authority of law. The name of the highway district designated in the order of the commissioners declaring the territory duly organized as a highway district, shall be the corporate name of the district, and it must be known and designated by that name in all actions and proceedings touching its corporate right, property and duties.

§ 40-1308. Power to levy taxes for comprehensive insurance, prosecuting and defending actions, judgments and liabilities.

Every highway district has the power to levy and collect taxes as necessary to:

1. Pay for a comprehensive insurance plan as provided in section 6-927, Idaho Code;
2. Defray all expenses of prosecuting and defending actions;
3. Pay any judgments and liabilities incurred against it; and
4. Pay for emergencies or calamities as provided in section 40-820, Idaho Code.

§ 40-1309. Corporate powers of highway districts.

Each highway district has power:

1. To sue and be sued.
2. To purchase and hold lands, make contracts, purchase and hold personal or real property as may be necessary or convenient for the purposes of this chapter, and to sell and exchange any real or personal property other than public lands which by the constitution and laws of the state are placed under the jurisdiction of the state land board. Personal or real property, no longer useful to the district, not exceeding ten thousand dollars ($10,000) in value may be sold by the highway commissioners at a private sale or at any regular board meeting without advertisement. Before disposing of all other personal or real property exceeding ten thousand dollars ($10,000) in value, the highway district commissioners shall first conduct a public hearing for which notice shall be published in accordance with the provisions of section 40-206, Idaho Code, and at which hearing any person interested may appear and show cause that such personal or real property is still useful to the district and that the sale or exchange should not be made. Following testimony by all interested persons at the public hearing, the highway district commissioners may adopt a resolution finding that such personal or real property is no longer useful to the district and finding that such personal or real property should be sold or exchanged and establishing procedures for the sale of such personal or real property including, but not limited to, the date and time of the sale and whether the sale will be by live public auction, by receipt of sealed bids or by some other reasonably commercial means. The hearing and sale or exchange shall not be conducted at the same regular meeting and, except as otherwise provided by law, the only notice required for such sale or exchange shall be as set forth in section 74-204, Idaho Code. Provided however, that before the district disposes of surplus real property at public sale, the district shall first notify any person who owns real property that is contiguous with the surplus real property of the district that such person has first option to purchase the surplus real property for an amount not less than the current appraised value. If more than one (1) adjoining owner wants to purchase the surplus real property, a private auction shall be held for such parties. If no owner of adjoining property exercises his or her option to buy, the district may proceed to public sale. Highway district commissioners, highway directors, employees, and their families must be personally disinterested, directly or indirectly, in the purchase of property for the use of the highway district, or in the sale of any property belonging to the highway district, or in any contract made by the highway district or other person on behalf of the highway district unless otherwise authorized by law.
3. To levy and apply ad valorem taxes for purposes under its exclusive jurisdiction as are authorized by law.

§ 40-1311. Jurisdiction of highway district commissioners.

In respect to all highways included within a highway district highway system, the power and jurisdiction of the highway district shall be inclusive. The highway district commissioners shall keep the highways in their system in proper repair, within the limits of the funds available to the highway district.

§ 40-1312. Grant of powers to be liberally construed.

The grant of powers provided in this chapter to highway districts and to their officers and agents, shall be liberally construed, as a broad and general grant of powers, to the end that the control and administration of the districts may be efficient. The enumeration of certain powers that would be implied without enumeration shall not be construed as a denial or exclusion of other implied powers necessary for the free and efficient exercise of powers expressly granted.

§ 40-1313. District has legal title to property.

The legal title to all property acquired under the provisions of this chapter shall immediately, and by operation of law, vest in the highway district, and shall be held by the district in trust for, and is dedicated and set apart to the uses and purposes set forth in this chapter.

§ 40-1314. Compensation of highway district commissioners, officers, agents and employees.

1. It shall be the duty of the board of highway district commissioners of each highway district to fix the annual salaries of the highway district commissioners commencing on October 1 and for the next ensuing year. The proposed commissioner salaries shall be published as a separate line item in the highway district’s annual budget.
2. Actual expenses shall be paid in addition to their compensation. The payment for expenses shall be paid from the funds of the highway district upon the presentation of itemized vouchers, signed by the commissioners and under oath made to the secretary of the district.
3. When a commissioner is an officer and/or agent of the district, the two (2) remaining commissioners may fix the salary and benefits to be paid him for his services as an officer and/or agent. A commissioner acting as an officer and/or agent of the district shall be entitled to his necessary and actual expenses in addition to his salary, but shall not be entitled to draw compensation as a commissioner when placed upon a salary. The board shall fix the salary and benefits to be paid to the other officers and agents and employees of the highway district, to be paid out of the treasury of the highway district.
4. Commissioners are considered employees of the district. The district shall be liable and responsible for the actions of the commissioners, officers, agents and/or employees of the district when the commissioners, officers, agents and/or employees are performing their duties on behalf of the district.

§ 40-1316. Annual report of highway district.

1. On or before the first day of January in each year, the highway district shall make a report of the condition of the work, construction, maintenance and repair of all the highways within the district on the first day of October, accompanied by a map of the highways, together with other facts necessary for setting forth generally the situation and condition of the highways within the district.
2. Reports shall be made in triplicate. One (1) report shall be filed in the office of the highway district, one (1) in the office of the board, and one (1) with the clerk of the commissioners.

§ 40-1317. Annual financial statement of district — Audit.

1. On or before the first day of January of each year, the highway district shall make and file in its office a full, true and correct statement of the financial condition of the highway district on the first day of October of the preceding year, giving a statement of the liabilities and assets of the highway district on the first day of October of the preceding year, and a copy of the statement shall be published in at least one (1) issue of some newspaper published in the county.
2. All highway districts shall have an annual audit made of the financial affairs of the district as required in section 67-450B, Idaho Code, by the first day of January following the close of the preceding fiscal year.

§ 40-1318. Inspection of records by commissioners. [Repealed.]

§ 40-1319. Director of highways — Appointment — Qualifications — Oath.

As soon as possible after the organization of a highway district, the highway district commissioners may appoint a director of highways. If a director of highways is not appointed his duties shall devolve upon the highway district commissioners. The director shall be skilled and experienced in the building, maintenance and repairing of highways and bridges. The term of office of the director, and his compensation, shall be fixed by the highway district commissioners.

§ 40-1321. Deputy directors — Appointment

Duties. [Repealed.]

§ 40-1322. Creation of local improvement districts.

Highway districts are empowered to create local improvement districts for construction, reconstruction and maintenance of highways and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads and retaining walls within the boundaries of the highway districts. The organization and operation of local improvement districts shall be as nearly as practicable as prescribed in chapter 17, title 50, Idaho Code.

§ 40-1323. Cities included in highway districts — Powers and duties of city council.

1. If any highway district shall include within its boundaries any incorporated city, or any portion of a city, the power of taxation on the part of the highway district as to ad valorem taxes, and in general all power of taxation or assessment, shall extend to and include the persons and property within the territory of the included city. The residents of the included territory shall be deemed for all purposes residents of the highway district, and entitled to vote at highway district elections to the same extent as other residents of the highway district. Nothing in this title shall be construed as affecting or impairing any power of taxation or assessment for local city highway purposes on the part of the authorities of the city of any included territory. Each incorporated city, or portion of it, within a highway district, shall constitute a separate division of the district. The city council of each incorporated city within the territory of a highway district, so far as relates to their city, shall have the powers and duties as provided by this chapter and as provided in chapter 3, title 50, Idaho Code, in such case.
2. All the provisions of this title as to voting, taxation, assessments and bonding on the part of the highway district shall apply without change or discrimination to the persons and taxable property within the included territorial limits of a city.

§ 40-1324. Jurisdiction over included territory.

When a highway district is organized under the provisions of this chapter, it shall, except as otherwise provided, supersede all other highway districts or parts of districts within the limits of the highway district, and upon the organization the existing position of director of highways shall be abolished. After the organization of a highway district the highway commissioners have the exclusive power to levy and apply all bridge and highway taxes within the district. Where prior to the organization of a highway district bonds shall have been lawfully issued by the county including within its territory property afterward included within the highway district, the proper corporate authorities of the county shall continue to levy, collect and apply the taxes necessary to discharge the obligation of those bonds. Nothing in this chapter shall be construed as affecting any power of any incorporated city, or portion of it, lying within the limits of a highway district, to issue bonds as empowered by law and to levy, collect or apply the necessary taxes for them.

§ 40-1325. Adoption of budget — Public hearing.

Highway district commissioners shall, prior to certifying a property tax levy to the commissioners and a county assessor, as provided in subsections (1) and (3) of section 63-803, Idaho Code, adopt a budget and cause a public hearing to be held upon the budget.

§ 40-1326. Notice of budget hearing.

Notice of the budget hearing meeting shall be posted at least ten (10) full days prior to the date of the meeting in at least one (1) conspicuous place in each highway district and a copy of the notice shall also be published in accordance with the provisions of section 40-206, Idaho Code. The place, hour and day of the hearing shall be specified in the notice, as well as the place where the budget may be examined prior to the hearing. A full and complete copy of the proposed budget shall be published with and as a part of the publication of the notice of hearing.

§ 40-1327. Public inspection of budget.

The budget shall be available for public inspection from and after the date of the posting of notice of hearing at a place and during business hours as the highway commissioners may direct.

§ 40-1328. Quorum of highway commissioners at budget hearing — Objections.

A quorum of the highway commissioners shall attend the hearing and explain the proposed budget and hear any and all objections to it.

§ 40-1329. Completion and finalization of budget. [Repealed.]

§ 40-1330. Fiscal year.

The fiscal year of the highway district shall commence on the first day of October of each year.

§ 40-1331, 40-1332. [Reserved.]

Cities, with city highway systems, shall be responsible for the construction, reconstruction and maintenance of highways in their respective city systems, except as provided in section 40-607, Idaho Code. Cities may make agreements with a county, highway district or the state for their highway work, or a portion of it, but they shall compensate the county, district or state fairly for any work performed.

§ 40-1334. Every city a highway district

Powers and duties of city council. [Repealed.]

§ 40-1335. Standards for curb construction — Curb ramps for people with physical disabilities.

1. The standard for construction of curbs on each side of any city highway, or any connecting highway for which curbs and sidewalks have been prescribed by the appropriate governing body, shall require curb cuts or ramps at locations which allow a crossing movement at intersections. Each curb cut or ramp shall be constructed to allow reasonable access to the crosswalk for people with physical disabilities.
2. Standards set for curb cuts and ramps under this section shall apply to all new curb construction and to all replacement curbs constructed at any point in a block which gives reasonable access to a crosswalk.

§ 40-1336. Record books to be kept.

The highway district board of commissioners must cause to be kept permanently and indefinitely:

1. A minute book, in which must be recorded all orders and decisions made by them, and the proceedings at all regular and special meetings.
2. An allowance book or disbursement journal, in which must be recorded all orders for the payment of money from the highway district treasury, to whom made, and on what account, dating, numbering and indexing the same through each year.
3. A road book, containing all proceedings and adjudications relating to the validation and abandonment and/or realignment of highways, public streets and public rights-of-way within the highway district highway system.
4. An ordinance book, containing all ordinances, stating the date enacted.
5. A resolution book, containing all resolutions, stating the date adopted.

§ 40-1337. Classification and retention of records.

1. Highway district records shall be classified as follows:
   1. “Permanent records” shall consist of, but not be limited to, the following: proceedings of the governing body, ordinances, resolutions, bond register, warrant register, budget records, general ledger, cash books, right-of-way use permits and records affecting the title to real property or liens thereon, and other documents or records as may be deemed of permanent nature by the highway district board of commissioners.
   2. “Semipermanent records” shall consist of, but not be limited to, the following: claims, contracts, cancelled checks, warrants, duplicate warrants, purchase orders, vouchers, duplicate receipts, bonds and coupons, registration and other election records, financial records and other documents or records as may be deemed of semipermanent nature by the board of highway district commissioners.
   3. “Temporary records” shall consist of, but not be limited to, the following: correspondence not related to subsections (1) and (2) of this section, cash receipts subject to audit, and other records as may be deemed temporary by the board of highway district commissioners.
   4. Those records not included in subsection (1)(a), (1)(b) or (1)(c) of this section may be classified as permanent, semipermanent or temporary by the board of highway district commissioners.
2. Highway district records shall be retained as follows:
   1. Permanent records shall be retained for not less than ten (10) years.
   2. Semipermanent records shall be kept for not less than five (5) years after date of issuance or completion of the matter contained within the record.
   3. Temporary records shall be retained for not less than two (2) years.

§ 40-1337A. Photographic or digital storage and use of highway district records.

1. A highway district official may reproduce and retain documents in a photographic, digital or other nonpaper medium. The medium in which a document is retained shall accurately reproduce the document in paper form during the period for which the document must be retained and shall preclude unauthorized alteration of the document.
   1. If the medium chosen for retention is photographic, all film used must meet the quality standards of the American national standards institute (ANSI).
   2. If the medium chosen for retention is digital, the medium must provide for reproduction on paper at a resolution of at least two hundred (200) dots per inch.
   3. A document retained by the highway district in any form or medium permitted under this section shall be deemed an original public record for all purposes. A reproduction or copy of such a document, certified by the highway district official, shall be deemed to be a transcript or certified copy of the original and shall be admissible before any court or administrative hearing.
   4. Once a paper document is retained in a nonpaper medium as authorized by this section, the original paper document may be disposed of or returned to the sender.
   5. Whenever any record is reproduced by photographic or digital process as herein provided, it shall be made in duplicate, and the custodian thereof shall place one (1) copy in a fire-resistant vault, or off-site storage facility, and he shall retain the other copy in his office with suitable equipment for displaying such record at not less than original size and for making copies of the record.
2. A highway district may incorporate an electronic version of another agreement by reference into a contract, if:
   1. The unsigned terms are stored in accordance with the provisions of this section;
   2. The signed contract contains a prominently displayed notification of the incorporation by reference; and
   3. The unsigned terms are readily available for inspection by the parties.

§ 40-1401. Election to establish district.

Any county may, at the discretion of the commissioners, or shall, upon a request in writing from ten percent (10%) or more of the qualified electors residing in each of the county commissioner subdistricts, hold an election at which the following question shall be submitted to the electorate: “Shall this county be served by one county-wide highway district for all city highways and county secondary highways?”. The election for this question shall be held at the next general election following a decision by the board of county commissioners for such an election or upon receipt of the qualified voters written requests to hold such election. At least one (1) public hearing shall be held by the board of county commissioners, prior to the election.

§ 40-1402. Applicability of general election laws — Notice of election — Polling places — Canvassing vote

Payment of cost. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 77, effective January 1, 2011.

§ 40-1403. Rejection of plan — Intervals for new elections.

In any county where the question fails of adoption, another election may be called and held by the submission of petitions, but any subsequent election shall be held not oftener than two (2) years after the holding of any election submitting the question to the vote of the electorate.

§ 40-1404. Appointment of first highway district commissioners in certain countywide highway districts — Subdistricts — Elections, terms and salaries of commissioners.

For counties with a population of two hundred thousand (200,000) persons or less, if there is a majority affirmative vote at the election the county commissioners, at their next meeting shall organize the countywide highway district. The county shall be subdivided by the county commissioners into three (3) subdistricts, designated subdistricts number one, two and three, as nearly equal in population as practicable, and one (1) highway commissioner shall represent each subdistrict and be a resident of the subdistrict. The governor shall appoint the first countywide highway district commissioners. Where one (1) or more highway districts have been in existence at the time of the creation of the countywide highway district, the governor shall appoint, whenever practicable, at least one (1) of the former highway district commissioners as they shall qualify by reason of residence in the territorial limits of the subdistricts of the countywide highway district as a commissioner of the countywide highway district. County commissioners and city council members shall not be eligible to hold office as a countywide highway district commissioner. The originally appointed commissioners shall serve until the next general election when two (2) members shall be elected for two (2) years and one (1) member shall be elected for a term of four (4) years, the commissioner from subdistrict number one being elected for a term of four (4) years. The four (4) year term shall be allotted thereafter in rotation to subdistricts number two, three and one. A qualified voter of the countywide highway district shall be eligible to vote for each of the countywide highway district commissioners, and the election shall be conducted as provided by Idaho statutes relating to holding elections at the county level.

The highway commissioners shall take office on January 1 of the year immediately following their election, and each may be compensated in accordance with the provisions of section 40-1314, Idaho Code, or receive a salary not to exceed six hundred dollars ($600) per calendar month with the exception of the president of the highway commissioners who may receive a salary not to exceed seven hundred dollars ($700) per calendar month.

§ 40-1404A. Elections, terms and salaries of commissioners in certain countywide highway districts.

In countywide highway districts located in a county with a population of more than two hundred thousand (200,000) persons in which the voters have chosen to establish a countywide highway district at a previous election, the county shall be divided by the county commissioners immediately upon the effective date of this act into five (5) subdistricts which shall be as nearly equal in population as practicable. No precincts shall be divided. A highway district commissioner shall be a resident of the subdistrict which he represents. Voters in each subdistrict shall vote only for one (1) candidate seeking to represent that subdistrict. County commissioners, mayors and city council members shall not be eligible to hold office as a countywide highway district commissioner. At the election held in 1998, commissioners representing subdistricts two and five shall be elected for two (2) year terms and commissioners representing subdistricts three and four shall be elected for four (4) year terms. Thereafter, all commissioners shall be elected for four (4) year terms. Any incumbent in office on the effective date of this act may complete the term to which they were elected and shall represent the subdistrict in which they reside. Any incumbent in office on the effective date of this act whose term expires on January 1, 2000, shall retain that office until January 1, 2000, shall be assigned the subdistrict in which they reside by the county commissioners, which subdistrict shall be numbered one as provided in this section and that commissioner need not stand for election in 1998.

A qualified voter of the countywide highway district shall be eligible to vote for a countywide highway district commissioner residing in the elector’s subdistrict, and the election shall be conducted as provided by Idaho statutes relating to holding general elections at the county level.

The highway commissioners shall take office on January 1 of the year immediately following their election, and each may be compensated in accordance with the provisions of section 40-1314, Idaho Code, or receive a salary not to exceed one thousand two hundred dollars ($1,200) per calendar month with the exception of the president of the highway commissioners who may receive a salary not to exceed one thousand four hundred dollars ($1,400) per calendar month.

§ 40-1404B. Vacancies — Filling a mid-term vacancy.

1. Any vacancy occurring on the highway district board, other than by expiration of the term of office, shall be determined by the remaining highway district board using the criteria established in section 59-901, Idaho Code.
2. If it is determined that a vacancy has occurred as provided in subsection (1) of this section, the remaining highway district board shall declare there is a vacancy and such vacancy shall be filled as herein provided:
   1. The remaining highway district board shall have thirty (30) days to appoint a person to fill the vacancy.
   2. If a majority of the remaining highway district board so constituted shall be unable to agree upon an appointment of a person to fill the vacancy before the expiration of the thirty (30) day period, the remaining highway district board shall submit a list of three (3) nominations to the governor within five (5) days.
   3. The governor shall fill the vacancy within ten (10) days by appointing a person having the qualifications set forth herein. In the event the remaining highway district board fails to submit a list of three (3) nominations as set forth in this section, the governor shall have an additional ten (10) days to fill the vacancy by appointing a person having the same qualifications at the time of the appointment as those provided by law for election to the office.
3. The person selected shall be a person who possesses the same qualifications at the time of his appointment as those provided by law for election to the vacant office.
4. The term of the appointment shall be for the balance of the term of the person replaced.
5. Appointment pursuant to the provisions of this chapter shall be in writing and filed with the secretary of the highway district, the clerk of the county commissioners and the tax collector of the county.
6. Any person appointed to fill a vacancy, after filing the official oath and qualifying for the official bond in accordance with the provisions of section 40-1405, Idaho Code, shall possess all the rights and powers, and is subject to all the liabilities, duties and obligations of the office filled.

§ 40-1405. Organization of district — Officers — Official bonds.

1. Immediately after appointment, the county-wide highway district commissioners shall meet and organize, elect a chairman from their number, and appoint a secretary and treasurer who may also be from their number, for terms fixed by them. The offices of secretary and treasurer may be filled by the same person. Certified copies of all appointments, under the hand of each of the commissioners, shall be filed with the clerk of the county commissioners and with the tax collector of the county.
2. The officers of the highway district shall take and file with their secretary an oath for the faithful performance of the duties of their respective offices. Each highway commissioner and director shall execute an official bond in the sum of not less than five thousand dollars ($5,000). The treasurer on his appointment shall execute and file with the secretary an official bond in an amount of money equal to an amount that may come into his hands as treasurer. If a surety bond is given as provided in section 41-2604, Idaho Code, the bond need not exceed one hundred thousand dollars ($100,000), but in no case shall the amount of the bond be less than an amount set by the highway district commissioners.

§ 40-1406. Powers and duties of highway commissioners — One highway district in county — Highway powers of cities in county abolished — Laws in conflict superseded.

The highway commissioners of a county-wide highway district shall exercise all of the powers and duties provided in chapter 13 of this title, and are empowered to make highway ad valorem tax levies as provided by chapter 8, of this title. Only one (1) county-wide highway district shall be operative within a county where the electorate has voted affirmatively for the formation of a county-wide highway district. The district shall specifically be responsible for all county secondary and city highways and is hereby recognized as a body politic of this state. No city included within a county-wide highway district shall maintain or supervise any city highways, or levy any ad valorem taxes for the construction, repair or maintenance of city highways. No highway district included within a county-wide highway district, shall maintain any secondary highways or levy any ad valorem taxes for the construction, repair or maintenance of highways. Wherever any provisions of the existing laws of the state of Idaho are in conflict with the provisions of this chapter, the provisions of this chapter shall control and supersede all such laws. However, within the limits of any city, the city may expend city funds for the placement, care and removal of trees, shrubs, grass, and other plants, which are located within the rights-of-way of any highway of the county-wide highway district.

§ 40-1406A. Summarization of ordinances permitted — Requirements.

1. In lieu of publishing the entire ordinance under section 40-1406, Idaho Code, the highway district may publish a summary of the ordinance, which summary shall be approved by the governing body and which shall include:
   1. The name of the highway district;
   2. The formal identification or citation number of the ordinance;
   3. A descriptive title;
   4. A summary of the principal provisions of the ordinance, including penalties provided and the effective date;
   5. Any other information necessary to provide an accurate summary; and
   6. A statement that the full text is available at the highway district office.
2. Notwithstanding subsection (1) of this section, whenever any publication is made under this section and the proposed or adopted ordinance contains legal descriptions or contains provisions regarding taxation or penalties concerning real property, those sections containing such information shall be published in full and shall not be summarized. In the case of a legal description of real property, the notice shall also include the street address or addresses of the property described, if any. In the case of a description covering one (1) or more street addresses, the street addresses of the corners of the area described shall meet this requirement. Maps may be substituted for a written legal description of property provided such maps contain sufficient detail to clearly define the area with which the ordinance is concerned.
3. Before submission of a summary to a newspaper for publication under this section, the legal advisor of the highway district shall sign a statement, which shall be filed with the ordinance, that the summary is true and complete and provides adequate notice to the public.
4. The full text of any ordinance which is summarized by publication under this section shall be promptly provided by the highway district clerk to any citizen on personal request.

§ 40-1407. Dissolution of existing districts or systems — Transfer of funds.

In any county where the electorate adopts a county-wide highway district under the provisions of this chapter and at the time of reorganization of the district, city highway systems, highway districts, and/or county highway systems already exist, the commissioners shall dissolve those districts or systems and transfer all funds to the reorganized county-wide highway district.

§ 40-1408. Expense of notices and dissolution proceedings.

The expense of all notices and proceedings in relation to the dissolution of a city highway system, highway district and/or county highway system shall be chargeable to and borne by each respective city highway system, highway district and/or county highway system dissolved.

§ 40-1409. Expenses of election.

In all counties where elections are held under the provisions of this chapter, county commissioners shall pay expenses of the elections from the election fund of the county.

§ 40-1410. Existing systems and districts — Transfer — Liability.

1. When a county-wide highway district has been adopted, all city highway systems, highway districts and county highway departments shall prepare an inventory and financial statement and file the statement with the commissioners not later than ten (10) days subsequent to the canvass of the election.
2. Title to all machinery, buildings, lands and property of every kind and nature, belonging to each city highway system, highway district and county highway system shall immediately upon the dissolution of the system or district and without further conveyance, be vested in the commissioners as custodians, and immediately thereafter, as soon as may be practical, delivered to the succeeding county-wide highway district and the district shall be liable for any and all unliquidated obligations of dissolved city highway systems, highway districts or county highway systems.

§ 40-1411. Apportionment of funds to pay debts of dissolved districts.

Each year after its dissolution and until all indebtedness, including outstanding warrants of a dissolved system or district shall have been fully paid, it shall be the duty of the succeeding county-wide highway district in which the districts were situated, to apportion for the benefit of any dissolved county or city highway system, or highway district that portion of moneys arising out of the highway users’ moneys and the moneys from all other sources as the system or district would be entitled to receive had it not been dissolved. The treasurer of the succeeding county-wide highway district shall place the moneys to the credit of the county-wide district in a special fund in the county treasury with other funds belonging to the district, the funds to be used for payment of the dissolved system’s or district’s bonded or funded indebtedness.

§ 40-1412. Control of bridges and highways in dissolved systems and districts — Sidewalks — Special assessments.

1. After the dissolution of any county highway system, city highway system or highway district, the county-wide highway district of the county in which the dissolved system or district was situate, shall have the same control over all bridges and highways of the system or district as is vested in the commissioners, highway district commissioners or city councils as provided for in section 40-801, Idaho Code.
2. A county-wide highway district may provide by general ordinance for the construction, repair, replacement or removal of sidewalks which are deemed by the highway district commissioners to be dangerous and unsafe, and assess the costs as provided in subsection (3) of this section to the property in front of which the same shall be constructed, repaired or laid.
3. All special assessments levied to which the provisions of this chapter are made applicable shall be due and payable to the treasurer of the county-wide highway district, and if not paid within thirty (30) days after mailing of notification of assessment, shall be declared delinquent, be certified to the tax collector of the county by the district treasurer, and shall be placed by the tax collector upon the tax roll and collected in the same manner and subject to the same penalties as other taxes. All money received on special assessments shall be held by the treasurer as a special fund to be applied to the payment of the improvement for which the assessment was made, and the money shall be used for no other purpose than to reimburse the highway district for money expended for the improvement.
4. The tax collector of the county shall pay on demand to the treasurer all money received by him arising from ad valorem taxes or assessments levied.

§ 40-1413. Balance of funds of dissolved system or district — Disposition — No funds to city.

1. After final payment of all expenses of proceedings and of all legal claims, liabilities, bonded and other indebtedness in relation to dissolution of a dissolved system or district, and after liquidation and winding up of the affairs of the system or district, all surplus moneys of the dissolved district remaining in the special fund of the dissolved city highway system, highway district and/or county highway department shall immediately be delivered to the treasurer of the county-wide highway district.
2. No city whose incorporated limits lie wholly or partially within the boundaries of a dissolved highway district shall be entitled to receive any share of the moneys of the dissolved highway district.

§ 40-1414. Creation of local improvement districts.

In addition to the powers granted to county-wide highway districts under the provisions of this chapter, the districts are empowered to create local improvement districts for construction, reconstruction and maintenance of highways and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads and retaining walls within the boundaries of the highway districts.

The organization and operation of the local improvement districts shall be as nearly as practicable as prescribed in chapter 17, title 50, Idaho Code.

§ 40-1415. Responsibilities of single county-wide highway districts within cities — Final decision on urban renewal projects — Settlement of questions.

1. County-wide highway districts organized under the provisions of this chapter, within the limits of any city shall be responsible for the design, construction, reconstruction and maintenance of city rights-of-way and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads and retaining walls. Within city rights-of-way, design, construction, reconstruction and maintenance shall include:
   1. Traffic and safety engineering for both motorist and pedestrian traffic;
   2. Procurement and installation of highway lighting where it is primarily of benefit to the motorist. Energy costs and maintenance of lighting shall subsequently be a function of the city;
   3. Procurement, installation, operation and maintenance of traffic control devices where they are needed for traffic control; and
   4. Drainage where it is necessary for motorist safety or necessary for right-of-way maintenance.
2. Acquisition and acceptance of rights-of-way shall be the responsibility of the county-wide highway district.
3. In matters of urban renewal projects, the city involved shall make the final decision concerning approval of the project based on the overall plan of the city. Prior to approval of an urban renewal project, the city shall submit the plan to the highway district for review and recommendations in accordance with subsection (1) of this section. The highway district shall submit its written recommendations with respect to the proposed urban renewal plan to the city within thirty (30) days after receipt of the plan for review. Upon receipt of the recommendations of the highway district, or if no recommendations are received within thirty (30) days, then the city may proceed without recommendations with the hearing on the proposed urban renewal project, and the highway district shall be responsible, as between the city and the highway district, for funding the district’s responsibilities as provided by subsection (1) of this section. Agreements entered into by a city pursuant to an urban renewal project prior to dissolution of the city highway system and organization of the successor highway district shall be binding upon the county-wide highway district.
4. The highway district shall be responsible for planning and location of rights-of-way. In planning for and determining location of rights-of-way, the highway district shall submit to the appropriate planning agency the proposed location of the rights-of-way. In locating rights-of-way the highway district shall take into consideration the comprehensive general plan of the appropriate county or city planning agency. In planning for the location of rights-of-way, the highway district shall comply with all appropriate provisions of chapter 65, title 67, Idaho Code.
5. The city shall retain jurisdiction and responsibility for outstanding local improvement district bonds or warrants sold or issued by the city prior to dissolution of the city highway system and organization of the successor highway district.
6. All subdivision plats required to be submitted for acceptance and approval to the city and the county under the provisions of chapter 13, title 50, Idaho Code, shall be submitted to the highway district for consideration for acceptance and approval as to continuity of highway pattern, widths, drainage provisions, right-of-way construction standards, traffic flow, the traffic volume demand occasioned by the proposed subdivision either within or without the boundaries of the proposed subdivision, and other matters pertaining to the function of the highway district.
7. Within the limits of any city, the city may expend city funds for the placement, care and removal of trees, shrubs, grass, and other plants, which are located within the rights of way of any highway of the county-wide highway district.
8. A city, after advising the board of highway district commissioners of its intent, shall be responsible for the placement, care and removal of any parking meters within the limits of any city, and for the enforcement of ordinances regulating the use of parking meters, which are located within the rights-of-way of any highway of the county-wide highway district. The city shall be entitled to all of the revenues received from parking meters.

§ 40-1416. Authorization for voters to approve vehicle registration fee.

1. Notwithstanding the provisions of section 49-207, Idaho Code, the voters of any county in which a countywide highway district is organized pursuant to chapter 14, title 40, Idaho Code, may authorize the countywide highway district to adopt a resolution by a majority vote of the countywide highway district commissioners to implement and collect a motor vehicle registration fee not to exceed two (2) times the amount established in section 49-402, Idaho Code. The authorization to adopt, implement, and collect a vehicle registration fee may be made by the registered voters of the county only at a general election held in even-numbered years, and a simple majority of the votes cast on the question shall be necessary to authorize the fee.
2. In any election, the resolution submitted to the county voters shall:
   1. State the exact rate of the fee; and
   2. State the duration of the fee.
3. Any countywide highway district authorized to adopt a resolution for a vehicle registration fee shall contract with the department for the collection, distribution, and administration of the fee in like manner, and under the definitions and rules for the collection and administration of other registration fees as set forth in chapter 4, title 49, Idaho Code. Monthly, following receipt by the department of revenues from the implementation of a vehicle registration fee, the department shall remit the same to the countywide highway district implementing such fee, less a deduction for such amount as may be agreed upon between the department and the commissioners of the countywide highway district, for the department’s actual costs for collection and administration of the fee. The vehicle registration fee shall not become part of the state highway account or state highway distribution account.
4. The countywide highway district must use the funds generated by a vehicle registration fee exclusively for the construction, repair, maintenance, and traffic supervision of the highways within its jurisdiction, and the payment of interest and principal of obligations incurred for said purposes.
5. Sections 49-405, 49-408, 49-416, 49-404, 49-409, 49-415 and 49-410, Idaho Code, shall be subject to the provisions of this section.

No rate shall be increased and no duration shall be extended without the approval of the voters, by the same simple majority of the votes cast.

An election to approve or disapprove the adoption of a vehicle registration fee may be called for by the adoption of a resolution by a majority vote of the countywide highway district commissioners. Any costs incurred to conduct the election for the district shall be paid by the county.

§ 40-1417. Application of campaign reporting law to county-wide highway district elections. [Repealed.]

Repealed by S.L. 2019, ch. 288, § 22, effective January 1, 2020. See§ 67-6601 et seq.

§ 40-1418. Proceedings for dissolution of existing single countywide highway district.

All proceedings for the dissolution of single countywide highway districts shall be initiated by a petition of ten percent (10%) or more of the qualified electors residing in each of the county commissioner subdistricts, addressed to the commissioners of the county in which the single countywide highway district is situate, and which shall concisely state the grounds or reasons for the dissolution and contain a request for a hearing of the petition. A hearing on the petition shall be conducted pursuant to sections 40-1803 through 40-1805, Idaho Code. Following the hearing on the petition, the election and process for dissolution shall be conducted as provided in title 34, Idaho Code. The election shall be held at the next general election and in the event a majority of the qualified electors at the election vote in favor of dissolution, the commission shall immediately make and enter an order declaring the single countywide highway district dissolved.

§ 40-1501. Highway districts — Consolidation — Effect of consolidation.

Any highway district within the state, whether the same are situated entirely within the boundaries of any one (1) county or within two (2) or more adjoining counties, may be consolidated with any adjoining highway district, whether situated entirely within the boundaries of any county or within two (2) or more adjoining counties.

§ 40-1502. Petitions for consolidation.

1. Whenever electors of two (2) or more existing adjoining highway districts desire to consolidate those districts, a petition from each of the districts for consolidation, signed by five percent (5%) or twenty-five (25) electors, whichever is greater, qualified to vote at a highway district election in each of the highway districts, shall be presented to the commissioners of the county in which the highway districts are situated. The petitions shall state the name and, in a general way, describe the highway districts which it is proposed to consolidate.
2. A majority of the elected commissioners of each of two (2) or more existing adjoining highway districts may also, on their own initiative, petition the county commissioners, in lieu of a petition as provided in subsection (1) of this section.

§ 40-1503A. Jurisdiction of commissioners of good road districts over good roads district systems. [Repealed.]

§ 40-1504. Publication of notice.

The clerk of commissioners of each of the counties concerned shall cause to be published a copy of notice as provided by section 40-206, Idaho Code.

§ 40-1505. Hearing — Order for election — Consolidation, when defeated.

At the time and place specified in the notice, the county commissioners shall proceed to consider the petition and all written and oral objections, and shall hear all qualified persons in relation to it. Upon conclusion of the hearing, which may be continued from day to day, if a majority of the members of each of the commissioners of the counties involved are of the opinion that a consolidation is practical and to the best interests of each and all of the highway districts concerned, they shall make an order directing that the question of consolidation of the highway districts proposed for consolidation be submitted to the electors at an election to be held separately within each of the highway districts at a date in conformance with section 34-106(1), Idaho Code, but not less than ninety (90) days after the date of the order. The date of the election shall be specified in the order. The order shall set forth: the name, number, and general description of the respective highway districts proposed to be consolidated; the market value for assessment purposes of all the property situated in each of the concerned highway districts, as shown by the last county assessment rolls; the total bonded and current warrant and other indebtedness of each of the highway districts; the preceding ad valorem highway tax levy of each of the highway districts; and the total bonded and current warrant and other indebtedness of the proposed consolidated highway district. A copy of the order shall be entered in the minutes of the commissioners of each county concerned. The proposed consolidation shall be defeated if a majority of the commissioners of either of the counties concerned vote against it, and in that event a record of that action shall be entered in the minutes of each of the counties concerned.

§ 40-1509. Conduct of elections.

1. The polls shall be presided over by the appointed judges and clerks who must take an oath as judge and clerk of the highway district election and which oath shall obligate the judges and clerks to faithfully perform the duties of a board of election.
2. All elections shall be by secret and separate ballot, each ballot in type, print or legible writing, stating in the affirmative and negative the proposition to be voted upon, and all ballots shall be in a form that the voters may express a choice by the marking of a cross (X).
3. In all elections it is intended that no informalities in conducting the election shall invalidate the election, if the election has been otherwise fairly conducted. The clerks of the county commissioners shall prepare the necessary ballots for use in each of the highway districts.

§ 40-1511. Count of votes — Canvass — Order for consolidation.

Immediately following the close of the polls, the votes shall be counted in accordance with the provisions of title 34, Idaho Code. The board of county commissioners shall meet separately at their respective county seats and pursuant to chapter 12, title 34, Idaho Code, canvass the returns within each county. Within fifteen (15) days after the canvass, the commissioners shall meet in joint session at a location as shall be agreed upon by them and compile the total votes cast in their respective counties for or against the proposal to consolidate the highway districts concerned. If the proposal carried in each of the highway districts concerned, the county commissioners in the joint meeting shall make and enter an order declaring the districts consolidated in one (1) highway district of a name or designation as may be ordered by them, and at that time the consolidation shall be effective. The highway districts having been consolidated shall remain in operation, with all legal authority of a highway district, until the newly appointed highway commissioners of the consolidated highway district meet and organize as provided in this chapter.

§ 40-1515. Property and moneys of former districts — Delivery to consolidated highway district.

All property rights of the former highway districts shall be vested in and become the property of the consolidated highway district. The highway district commissioners and officers of each of the former highway districts comprising the consolidated highway district shall, immediately after consolidation is effected and the consolidated highway district commissioners have met and organized, turn over and deliver to them all property of every kind and description belonging to the former highway districts, including all moneys, books and accounts.

§ 40-1516. Separate accounts of funds and proceeds from former highway districts — Duties of treasurer.

The highway district treasurer shall keep separate accounts of all moneys coming into his hands from each of the former highway districts, together with all moneys received from special tax levies against the taxable property situated within the boundaries of the former highway districts and together with all moneys paid out upon the indebtedness of the former highway districts. He shall pay from the funds in the accounts the amounts as the highway commissioners may from time to time order.

§ 40-1517. Funding of indebtedness of former highway districts.

If the consolidated highway district commissioners determine that valid outstanding indebtedness of any of the former highway districts, existing prior to the consolidation may be funded or refunded to the profit and benefit of the taxpayers within the boundaries of the former highway district, and without incurring any additional liability, the highway commissioners have the power and authority to make provision for issuing of funding or refunding bonds in an amount equal to the unpaid principal and interest on the outstanding bonds or other indebtedness. Before the highway commissioners shall issue any bonds to refund any outstanding indebtedness, it shall cause all moneys of the former highway district on hand available for the payment and discharge of any indebtedness to be applied in payment and discharge of them and issue funding or refunding bonds only for the remainder of the indebtedness. The issuance of bonds shall not create any liability against the consolidated highway district or any of the property within its boundaries, excepting that the property within the boundaries of the former highway district shall be liable for the payment of the bonds.

§ 40-1601. Districts subject to detachment.

A portion of the territory of an existing highway district, whether the district is situated wholly in one (1) county or in two (2) or more counties, may be detached from the highway district as provided in this chapter.