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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
508
BY
TRANSPORTATION
AND
DEFENSE
COMMITTEE
AN
ACT
1
RELATING
TO
HIGHWAYS
AND
BRIDGES;
AMENDING
SECTION
40
-
117,
IDAHO
CODE,
TO
2
REVISE
A
DEFINITION;
AMENDING
SECTION
40
-
207,
IDAHO
CODE,
TO
REVISE
A
3
PROVISION
REGARDING
A
VIOLATION;
AMENDING
SECTION
40
-
605,
IDAHO
CODE,
4
TO
PROVIDE
AN
EXCEPTION;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EF
-
5
FECTIVE
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
That
Section
40
-
117,
Idaho
Code,
be,
and
the
same
is
hereby
8
amended
to
read
as
follows:
9
40
-
117.
DEFINITIONS
-
-
P.
(1)
"Person"
includes
every
natural
per
-
10
son,
firm,
fiduciary,
copartnership,
association,
corporation,
trustee,
1
1
receiver
or
assignee
for
the
benefit
of
creditors.
12
(2)
"Place."
(See
"Maintain,"
section
40
-
114,
Idaho
Code)
13
(3)
"Preliminary
design,"
as
used
in
section
40
-
904,
Idaho
Code,
means
14
the
general
project
location
and
design
concepts.
It
includes
but
is
not
15
limited
to
preliminary
engineering
and
other
activities
and
analyses,
16
such
as
environmental
assessments,
topographic
surveys,
metes
and
bounds
17
surveys,
geotechnical
investigations,
hydrologic
analyses,
hydraulic
18
analyses,
utility
engineering,
traffic
studies,
financial
plans,
revenue
19
estimates,
hazardous
materials
assessments,
general
estimates
of
the
types
20
and
quantities
of
materials
and
other
work
needed
to
establish
parameters
21
for
the
final
design.
22
(4)
"Price
proposal"
means
the
price
submitted
by
a
design
-
build
23
firm
to
provide
the
required
design
and
construction
services
described
24
in
the
request
for
proposals
or
the
price
submitted
by
a
construction
man
-
25
ager/general
contractor
firm
to
provide
the
required
construction
services
26
described
in
the
request
for
proposal.
27
(5)
"Primary
benefit
of
motor
vehicles"
and
"benefit
primarily
motor
28
vehicles"
means
designing
highway
and
bridge
maintenance
and
construction
29
projects
to
reduce
traffic
congestion,
travel
delays,
engine
idle
time,
and
30
unproductive
fuel
consumption.
"Primary
benefit
of
motor
vehicles"
also
31
includes
and
is
limited
to
improving
vehicle
traffic
flow
and
travel
times
32
through
expanding
vehicle
travel
lanes,
improving
intersection
efficiency,
33
adding
turning
lanes,
improving
transportation
management
systems,
or
a
34
combination
of
such
methods.
Highway
improvements
to
existing
or
new
bi
-
35
cycle
and
pedestrian
facilities
may
only
be
included
in
a
project
for
the
36
primary
benefit
of
motor
vehicles
if
such
facilities:
37
(a)
Provide
a
collateral
or
secondary
benefit
to
the
project;
or
38
(b)
Receive
federal
funds
or
grants
for
such
purposes;
or
39
(b)
(c)
Are
highway
design
improvements
that
are
necessary
to
comply
40
with
existing
federal
law.
41
2
(6)
"Primary
system"
or
"primary
highway"
means
any
portion
of
the
1
highways
of
the
state,
as
officially
designated,
or
as
may
hereafter
be
so
2
designated,
by
the
Idaho
transportation
board,
and
approved
by
the
secretary
3
of
transportation,
pursuant
to
the
provisions
of
title
23,
U.S.
Code,
"High
-
4
ways."
5
(7)
"Public
highway
agency"
means
the
state
transportation
depart
-
6
ment,
any
city,
county,
highway
district
or
other
political
subdivision
7
of
the
state
with
jurisdiction
over
public
highway
systems
and
public
8
rights
-
of
-
way.
9
(8)
"Public
highways"
means
all
highways
open
to
public
use
in
the
10
state,
whether
maintained
by
the
state
or
by
any
county,
highway
district,
1
1
city,
or
other
political
subdivision.
(Also
see
"Highways,"
section
40
-
109,
12
Idaho
Code)
13
(9)
"Public
land
survey
corner"
means
any
point
actually
established
14
and
monumented
in
an
original
survey
or
resurvey
that
determines
the
bound
-
15
aries
of
remaining
public
lands,
or
public
lands
patented,
represented
on
an
16
official
plat
and
in
the
field
notes
thereof,
accepted
and
approved
under
au
-
17
thority
delegated
by
congress
to
the
United
States
general
land
office
and
18
the
United
States
department
of
interior,
bureau
of
land
management.
19
(10)
"Public
right
-
of
-
way"
means
a
right
-
of
-
way
open
to
the
public
and
20
under
the
jurisdiction
of
a
public
highway
agency,
where
the
public
highway
21
agency
has
no
obligation
to
construct
or
maintain,
but
may
expend
funds
for
22
the
maintenance
of,
said
public
right
-
of
-
way
or
post
traffic
signs
for
ve
-
23
hicular
traffic
on
said
public
right
-
of
-
way.
In
addition,
a
public
right
-
24
of
-
way
includes
a
right
-
of
-
way
which
was
originally
intended
for
develop
-
25
ment
as
a
highway
and
was
accepted
on
behalf
of
the
public
by
deed
of
pur
-
26
chase,
fee
simple
title,
authorized
easement,
eminent
domain,
by
plat,
pre
-
27
scriptive
use,
or
abandonment
of
a
highway
pursuant
to
section
40
-
203,
Idaho
28
Code,
but
shall
not
include
federal
land
rights
-
of
-
way,
as
provided
in
sec
-
29
tion
40
-
204A,
Idaho
Code,
that
resulted
from
the
creation
of
a
facility
for
30
the
transmission
of
water.
Public
rights
-
of
-
way
shall
not
be
considered
im
-
31
proved
highways
for
the
apportionment
of
funds
from
the
highway
distribution
32
account.
33
(11)
"Public
street"
means
a
road,
thoroughfare,
alley,
highway
or
34
bridge
under
the
jurisdiction
of
a
public
highway
agency.
35
(12)
"Public
transportation
services"
means,
but
is
not
limited
to,
36
fixed
transit
routes,
scheduled
or
unscheduled
transit
services
provided
37
by
motor
vehicle,
bus,
rail,
van,
aerial
tramway
and
other
modes
of
pub
-
38
lic
conveyance;
paratransit
service
for
the
elderly
and
disabled;
shuttle
39
and
commuter
service
between
cities,
counties,
health
care
facilities,
40
employment
centers,
educational
institutions
or
park
-
and
-
ride
locations;
41
subscription
van
and
car
pooling
services;
transportation
services
unique
42
to
social
service
programs;
and
the
management
and
administration
thereof.
43
SECTION
2.
That
Section
40
-
207,
Idaho
Code,
be,
and
the
same
is
hereby
44
amended
to
read
as
follows:
45
40
-
207.
VIOLATIONS
-
-
PENALTIES.
Any
elected
official
,
or
officer
,
or
46
person
who
shall
violate
or
aid
in
the
violation
of
any
of
the
provisions
of
47
this
title,
unless
a
different
penalty
is
prescribed
by
law,
shall
be
guilty
48
of
a
misdemeanor,
and
upon
conviction
thereof
be
punished
by
a
fine
of
not
49
3
more
than
one
thousand
dollars
($1,000),
or
imprisonment
for
a
period
not
1
to
exceed
ninety
(90)
days,
or
by
both
such
fine
and
imprisonment.
The
re
-
2
porting
of
violations
under
this
title
shall
be
afforded
protection
pursuant
3
to
the
provisions
of
chapter
21,
title
6,
Idaho
Code.
All
fines
collected
4
for
violations
of
the
provisions
of
this
title
shall
be
paid
into
the
highway
5
distribution
account
established
in
section
40
-
701,
Idaho
Code.
6
SECTION
3.
That
Section
40
-
605,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
40
-
605.
LAYING
OUT
OF
HIGHWAYS
-
-
WIDENING
OR
STRAIGHTENING
NEW
AND
9
EXISTING
HIGHWAYS
FOR
THE
PRIMARY
BENEFIT
OF
MOTOR
VEHICLES.
(1)
Commission
-
10
ers
may
improve
existing
highways
or
lay
out
new
highways
within
the
county
1
1
as
they
determine
necessary
to
reduce
traffic
congestion
or
motorist
travel
12
time
and
for
the
primary
benefit
of
motor
vehicles.
13
(2)
The
right
-
of
-
way
of
any
highway
shall
not
be
less
than
fifty
(50)
14
feet
wide,
except
to
comply
with
applicable
law
or
in
other
exceptional
15
cases.
16
(3)
Existing
or
new
pedestrian
and
bicycle
facilities
may
only
be
im
-
17
proved
:
18
(a)
as
As
a
secondary
or
collateral
benefit
to
any
highway
project
;
19
(b)
When
receiving
federal
funds
or
grants
for
such
purposes;
or
20
(c)
as
As
necessary
to
improve
the
safety
of
pedestrian
and
bicycle
fa
-
21
cilities
near
schools,
parks,
or
other
designated
pedestrian
or
bicycle
22
areas.
23
(4)
For
a
highway
functioning
as
a
non
-
residential
collector
or
arte
-
24
rial
highway,
commissioners
may
only
increase
the
width,
straighten,
or
re
-
25
locate
the
highway,
except
as
required
by
federal
law.
Commissioners
shall
26
not
decrease
the
width
of
any
non
-
residential
collector
or
arterial
highway,
27
unless
required
by
federal
law.
28
(5)
If,
in
the
laying
out,
widening,
or
straightening
of
any
highway
it
29
becomes
necessary
to
take
private
property,
the
commissioners
or
their
di
-
30
rector
of
highways
shall
cause
a
survey
of
the
proposed
highway
to
be
made,
31
together
with
an
accurate
description
of
the
lands
required.
The
commis
-
32
sioners
shall
endeavor
to
agree
with
each
owner
for
the
purchase
of
a
right
-
33
of
-
way
over
the
owner's
land
included
within
the
description.
If
they
are
34
able
to
agree
with
the
owner,
the
commissioners
may
purchase
the
land
out
of
35
the
county
highway
fund
under
their
control,
and
the
land
shall
then
be
con
-
36
veyed
to
the
county
for
the
use
and
purpose
of
highways.
37
SECTION
4.
An
emergency
existing
therefor,
which
emergency
is
hereby
38
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
39
July
1,
2026.
40