Title 28 — Transportation

A. The department and a county with a population of more than two million persons may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 for the construction of a bridge to provide direct access to commercial, residential and recreational facilit…

A. If a majority of the members of the county board of supervisors authorizes the issuance of bonds secured by bridge construction revenues by resolution dated before July 1, 1998, the county may issue the bonds so authorized in the manner provided in this article. The bonds secu…

A. The county board of supervisors is authorized to issue bonds secured by a pledge of bridge construction revenues. B. The county board of supervisors is authorized to issue bonds secured by a pledge of highway improvement revenues. C. Any bonds issued pursuant to this article m…

The bonds issued under this article: 1. Are fully negotiable within the meaning and for all purposes provided by title 47. 2. Are payable only according to their terms from bridge construction revenues or highway improvement revenues, as applicable, and are not general, special o…

A. The treasurer of the county issuing bonds secured by bridge construction revenues shall establish an interest fund and a redemption fund for paying the bonds. The treasurer shall deposit into the funds bridge construction revenues in amounts sufficient to pay the interest and …

A. Notwithstanding any other provision of this article, a county that receives bridge construction revenues may pledge, by separate covenant included in the resolution authorizing the issuance of bridge construction revenue bonds under this article or obligations it may incur, fu…

A. This state pledges to and agrees with the holders of the bonds secured by bridge construction revenues and highway improvement revenues that it will not limit, alter or impair the rights vested in a county under this article to receive bridge construction revenues or highway i…

This article is supplemental and alternative to any other provision of law that also enables a county to issue any form or type of bonds.

In this article, unless the context otherwise requires: 1. "Eligible highway project" means a highway project that is both: (a) On the federal aid system, national highway system or state route or state highway system. (b) Included in either: (i) The department's state highway co…

A. The transportation board may: 1. Make loans or provide other financial assistance to political subdivisions, Indian tribes or this state or its agencies, including the department, from monies in the fund for eligible projects. 2. Enter into a loan repayment agreement with an e…

A. The highway expansion and extension loan program fund is established. The fund constitutes a state infrastructure bank under the federal SIB act. The state treasurer shall receive in trust, hold and disburse monies in the fund solely for the purposes authorized by this article…

A. The transportation board shall annually cause a financial audit to be made of the fund. The financial audit shall be conducted by a certified public accountant within six months after the end of each fiscal year. The board shall immediately file a certified copy of the audit w…

A. A political subdivision or this state or its agencies, including the department, may apply to the transportation board for any loan or other financial assistance from the fund to support an eligible project. B. An Indian tribe may apply to the board for any loan or other finan…

A. If the department enters into an agreement with a political subdivision or Indian tribe for accelerated right-of-way acquisition, design or construction of an eligible highway project, the agreement may provide for the advancing to the department by the political subdivision o…

In this article, unless the context otherwise requires: 1. "Excise taxes" means all unrestricted excise, transaction, franchise, privilege and business taxes, state shared sales and income taxes, fees for licenses and permits and state revenue sharing that are validly imposed by …

A. After entering into a highway project advance agreement that has been previously approved by the governing body of the political subdivision and by the transportation board, a political subdivision may issue and sell highway project advancement notes either competitively or by…

A. The aggregate outstanding principal amount of highway project advancement notes issued by a political subdivision and secured by highway project advance revenues shall not be more than the aggregate of all uncollected highway project advance revenues to be received by the poli…

A. After issuance of highway project advancement notes, revenues the political subdivision receives under the applicable highway project advance agreement shall be collected and, as provided by the political subdivision at the time of authorizing the issuance of the highway proje…

A political subdivision shall use the proceeds from the sale of highway project advancement notes for payment of any of the following: 1. Advances to the department under the highway project advance agreement to which the highway project advancement notes relate. 2. Legal and fin…

A political subdivision may issue highway project advancement notes to refund highway project advancement notes previously issued and other obligations if the proceeds of the previously issued highway project advancement notes and other obligations were or are applied to the fina…

A. Highway project advancement notes issued pursuant to this article are not general obligations of a political subdivision, any public officer or employee of a political subdivision or this state. B. Highway project advancement notes are limited obligations of the issuer of the …

In this article, unless the context otherwise requires: 1. "Excise taxes" means all unrestricted excise, transaction, franchise, privilege and business taxes, state shared transaction privilege and income taxes, fees for licenses and permits and state revenue sharing that are lev…

A. A regional planning agency, metropolitan planning organization or council of governments or a designated grant recipient may enter into a transportation project advance agreement with each other, a political subdivision, the department or a regional public transportation autho…

The aggregate outstanding principal amount of transportation project advancement notes issued by a political subdivision and secured by transportation project advance revenues shall not be more than the aggregate of all uncollected transportation project advance revenues to be re…

After issuance of transportation project advancement notes, the revenues the political subdivision receives under the applicable transportation project advance agreement shall be used as set forth in the agreement, including the payment when due or on redemption in advance of mat…

A political subdivision shall use the proceeds from the sale of transportation project advancement notes for payment of any of the following: 1. Advances for a transportation project included in the state's transportation improvement program or a plan, as defined in section 28-63…

A political subdivision may issue transportation project advancement notes to refund transportation project advancement notes previously issued and other obligations if the proceeds of the previously issued transportation project advancement notes and other obligations are applie…

A. Transportation project advancement notes issued pursuant to this article are not general obligations of a political subdivision, any public officer or employee of a political subdivision or this state. B. Transportation project advancement notes are limited obligations of the …

In this chapter, unless the context otherwise requires: 1. "Concession" means any lease, ground lease, franchise, easement, permit or other binding agreement transferring rights for the use or control, in whole or in part, of an eligible facility by the department or other unit o…

The department shall adopt such rules or guidelines as it determines necessary to carry out this chapter.

The department shall provide for the development or operation of eligible facilities using a variety of project delivery methods and forms of agreement. The methods may include a wide range of possibilities, including: 1. Predevelopment agreements leading to other implementing ag…

A. The department: 1. May procure services under this chapter using any of the following: (a) Requests for project proposals in which the department describes a class of transportation facilities or a geographic area in which private entities are invited to submit proposals to de…

Before entering into a public-private partnership or other agreement for any eligible facility under this chapter, the department shall consider the following factors: 1. The ability of the eligible facility to improve safety, reduce congestion, increase capacity and promote econ…

1. Authorize the department or the private partner to establish and collect user charges, tolls, fares, rents, advertising and sponsorship charges, service charges or similar charges, including provisions that: (a) Specify technology to be used in the facility. (b) Establish circ…

1. The proceeds of grant anticipation revenue bonds authorized by 23 United States Code section 122 or any other applicable federal or state law. 2. Grants, loans, loan guarantees, lines of credit, revolving lines of credit or other arrangements available under the transportation…

A. A proposer shall identify those portions of a proposal or other submission that the proposer considers to be trade secrets or confidential commercial, financial or proprietary information. In order for confidential and proprietary information and trade secrets to be exempt fro…

[Repealed or reserved.]

This state may exercise the power of eminent domain to acquire property, rights-of-way or other rights in property for projects that are necessary to develop, operate or hold an eligible facility under this chapter, regardless of whether the property will be owned in fee simple b…

B. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.

A. The department may submit to the attorney general any agreement entered into under this article. On the submission of the agreement to the attorney general, the attorney general shall investigate and determine the validity of the agreement. B. If the agreement complies with th…

1. "Administrative charge" means the amount that may be assessed for the costs of processing a notice of payment due or notice of toll evasion, including the costs to collect unpaid tolls and to pursue an administrative hearing to enforce a toll evasion. 2. "Deliver" means to sen…

[Repealed or reserved.]

B. Subject to subsection C of this section, if a toll operator issues a notice of toll evasion because the notice of payment due is not paid on time, the toll operator may impose in the notice of toll evasion an additional administrative charge and a penalty. C. The department ma…

B. A toll operator is not required to offer video toll transactions as a method for paying tolls.

B. Except as provided in sections 28-7756 and 28-7757, the registered owner of the motor vehicle, even if the registered owner of the motor vehicle is not the operator of the motor vehicle, is jointly and severally liable with the operator of the motor vehicle for the tolls, admi…

1. All of the following conditions are satisfied: (a) The motor vehicle involved in the toll nonpayment was stolen before the toll transaction occurred and had not been recovered before the toll transaction occurred. (b) The theft was reported to the appropriate law enforcement a…

1. The motor vehicle involved in the toll nonpayment is registered in the name of the lessee of the motor vehicle at the time toll nonpayment occurs. 2. Within fourteen calendar days after the issue date on the notice of toll nonpayment, the lessor delivers to the toll operator a…

B. A notice of payment due must be delivered within forty-five calendar days after the toll nonpayment occurs, except that, if information concerning the identity and address is not available to the toll operator within forty-five calendar days after the toll transaction occurred…

B. The notice of toll evasion shall include all of the following: 1. The date and approximate time of the transaction on or use of the toll facility resulting in the toll evasion and the approximate location where the transaction or use occurred. 2. The vehicle license plate numb…

B. A toll operator or a person who is subject to a notice of toll evasion that is delivered or deemed to be delivered pursuant to section 28-7759 must file a petition for an administrative hearing within one year after the deadline prescribed in the notice of toll evasion. C. If …