Title 40 — HIGHWAYS AND BRIDGES
24 chapters · 385 sections in this title.
Idaho Code § 40-301 Idaho transportation board — Creation — Authority
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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.
Idaho Code § 40-302 Board — Membership — Appointment — Qualification
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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 co…
Idaho Code § 40-303 Creation of districts — Residence of board members — Term of office
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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: (a) District No. 1. The counties of Benewah, Bonner, Boundary, K…
Idaho Code § 40-304 Oath of office — Bond
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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 membe…
Idaho Code § 40-305 Removal of board members
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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 c…
Idaho Code § 40-306 Compensation and reimbursement for expenses
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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.
Idaho Code § 40-307 Office of board — Organization meetings — Officers
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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 membe…
Idaho Code § 40-308 Meetings — Quorum
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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.…
Idaho Code § 40-309 Powers and duties — Vested powers
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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 ow…
Idaho Code § 40-310 Powers and duties — State highway system
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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. (a) In determining which highways or sectio…
Idaho Code § 40-311 Powers and duties — Property
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40-311. Powers and duties — Property. The board shall: (1) Purchase, exchange, condemn or otherwise acquire, any real property, either in fee or in any lesser estate or interest, rights-of-way, easements and other rights and rights of direct access from the property abutting high…
Idaho Code § 40-312 Powers and duties — Rules and regulations
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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 ap…
Idaho Code § 40-313 Powers and duties — Beautification and information
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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 ente…
Idaho Code § 40-314 Powers and duties — Departmental
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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…
Idaho Code § 40-315 Powers and duties — Federally-funded highway project financing
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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: (a) Enter into agreements with the Idaho housing and finance association in…
Idaho Code § 40-316 Powers and duties — Reports
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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.
Idaho Code § 40-317 Powers and duties — Cooperative efforts
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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 st…
Idaho Code § 40-318 Limitation of political activity
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40-318. Limitation of political activity. (1) No officer or employee of the department or board shall: (a) 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; (b) Directly or indir…
Idaho Code § 40-319 Good faith of state pledged to appropriation
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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…
Idaho Code § 40-320 State highway construction and right-of-way costs borne by state — Exceptions
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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 …
Idaho Code § 40-321 Commercial enterprises on prohibited access highways prohibited — Exception — Connecting service highways
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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 pr…
Idaho Code § 40-322 Directive on implementation of the federal REAL ID Act of 2005
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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 federali…