2004 Transportation & Defense

Fuel taxes, state/local highways, motor vehicle issues

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January 14, 2004
January 20, 2004
January 22, 2004 – Joint Meeting
January 26, 2004
January 28, 2004

February 2, 2004
February 4, 2004
February 10, 2004
February 12, 2004
February 16, 2004
February 18, 2004
February 24, 2004
February 26, 2004

March 2, 2004
March 4, 2004
March 10, 2004
March 16, 2004
March 18, 2004

DATE: January 14, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bauer, Cannon, Skippen, Wills, Cuddy,
Shepherd, Douglas
ABSENT/

EXCUSED:

Representative Bedke
GUESTS: Morris Detmar, ITD; Jennifer Finke, ITD; Steve Parry, ITD; Ted Spangler,
STC; Julie Pipal, ITD; and Jim Ross, ITD
Chairman Wood called the meeting to order at 1:31 p.m. Chairman Wood
welcomed the returning committee members and secretary; she also
introduced the page, Logan Pedrow. Chairman Wood also introduced
Julie Pipal from the Idaho Transportation Department, who replaced Mary
Detmar upon her retirement.
RS13491 Mr. Morris Detmar, ITD Division of Motor Vehicles, introduced Jennifer
Finke who is now with Motor Carrier Services.



Mr. Detmar then presented RS13491. This legislation amends Sec. 49-439, Idaho Code, to allow for the transfer of the ITD Motor Carrier
Services Audit Unit to the State Tax Commission in the FY2005. The
audit unit is currently being transferred using a Memorandum of
Understanding (MOU). Mr. Detmar stated that this would reduce the
number of audits required by ITD from two to one. It would also transfer 4
auditors and one half time clerical position to the State Tax Commission.
He said this reorganization was an efficiency measure to improve audits
with motor carriers.

MOTION: Rep. Cuddy made a motion to send RS13491 to print.



A question was asked regarding the four year audit restriction being
deleted. Mr. Detmar stated that it is now under the State Tax rules. He
also said that all appeals will be handled by the tax commission. When
asked if four and one half people are enough to do the job, Mr. Detmar
said that the department had worked closely with the tax commission and
they have agreed that this number was sufficient.



Rep. Bauer seconded the motion to send RS13491 to print.



Motion passed unanimously.

RS13490C1 Mr. Steve Parry, Deputy Attorney General, ITD, presented RS13490C1.
This legislation amends Section 40-902, Idaho Code, to provide an
administrative remedy when a bidder on a state highway contract
challenges ITD’s determination of the lowest and best bid. At this point
an independent hearing officer would be appointed. The department has
many state highway projects that are time sensitive and it is in the best
interest of both the contractors and the department to obtain a prompt and
impartial decision when there is a dispute over the bid.



There was concern voiced by the committee regarding how impartial a
independent hearing officer would be if chosen by the department. Mr.
Parry said that in a bid dispute the department is a neutral third party, and
any litigant would have the right to disqualify the hearing officer. There
was also concern that we would be adding a step rather than expediting
the process. Rep. Wood stated that it would only go to the courts if the
disgruntled contractor doesn’t like the decision.



Rep. Smith made a motion to send RS13490C1 to print. Rep. Cannon
seconded the motion.



Motion passed unanimously.

RS13510 Mr. Ted Spangler, Idaho State Tax Commission, presented RS13510.
This relates to fuels used in All-terrain vehicles (ATV). The bill amends
the motor fuels tax statutes to clarify when refunds are payable on fuel
used in ATVs not required to be licensed or to have a recreational permit.
This would eliminate the difference between three-wheel and four-wheel
ATVs. Currently fuel used in three-wheel ATVs is taxable but tax on fuel
used in four-wheel ATVs (if not licensed) can be refunded.



Mr. Spangler also noted that the SOP was incorrect and should say that
there would be an additional $20,000 motor fuel tax that will qualify for
refunds.



Questions were asked about six-wheel ATVs and motorcycles. Mr.
Spangler said this bill included three or more, and that motorcycles are
defined as recreational vehicles.

MOTION: Rep. Ridinger made a motion to send RS13510 to print with corrections to
the SOP. Seconded by Rep. Douglas.



Motion passed unanimously.

ADJOURN: With no further business to come before the committee, the meeting was
adjourned at 2:05 p.m.






DATE: January 20, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills,
Cuddy, Shepherd, Douglas
ABSENT/

EXCUSED:

None
GUESTS: See attached sign in sheet and presenters highlighted below






MOTION:
Chairman Wood called the meeting to order at 1:32 p.m.



Rep. Shepherd made a motion to accept the minutes from January 14,
2004, with the corrections from a letter received by Mr. Ted Spangler,
STC. (Letter attached).



Motion passed.

DOCKET #:

11-1301-0201 &

11-1302-0301

Capt. Lamont Johnston, ISP, presented Docket #’s 11-1301-0201and
11-1302-0301. The proposed rule is intended to add the adoption of
Registration Enforcement; Part 356, Authority to serve a Particular
Section – Construction; Part 365, How to Apply Operating Authority; Part
387, Financial Responsibility, and update the Code of Federal
Regulations to correctly show volume. It is necessary to clarify the rule by
adding the adoption of federal regulations pursuant to registration
enforcement. Capt. Johnston stated that the legislature had approved
these rules, but because of a glitch last year they had to bring them back
to the legislature.



The temporary rule incorporates by reference a version of 39 CFR Parts
393 and 395 effective January 4, 2004, governing commercial vehicle
load securement and driver hours of service.



Capt. Johnston stated that the new Cargo Securement Rules had a
mandatory compliance as of January 1, 2004. He passed out a synopsis
of these rules (see attached). He also said that this list is not all inclusive
but an example. It was felt by the committee that they should have a
complete list to see what changes have been made. Capt. Johnston said
he would get a complete list to the Chairman. It was asked if these rules
just cover interstate and he said yes.



Capt Johnston said that they have been working hard with the industry to
let them know of the changes. Mr. Allen Frew, ITD, said that two officers
have been assigned to help train the port of entry people.






The committee had real concerns regarding the new Hours of Service
regulations. Specific concerns were: if the new hours included loading
time; how this applies to utility and emergency people; adequate rest
areas; eleven hours layovers may be too long; would this be an economic
hardship on some people. Capt. Johnston said that these new rules are
regulated by congress and needed for federal funding.

MOTION: Rep. Ridinger made a motion to accept the rules for Docket Numbers

11-1301-0201 and 11-1301-1301.



Motion passed. Rep. McKague voted nay.

DOCKET NO:

34-0105-0301

Mr. Randy Nilson, STC, presented Docket No. 34-0105-0301. Rule 270
is being amended to clarify which motor fuel users, that have single
storage tanks, cannot use the proration method granted in Subsection
270.05 of that rule. The amended language in this rule is actually less
restrictive than the current language of this rule. To remove reference to
26,000 pounds maximum gross weight and list which motor fuels users
who do not qualify to use the proration method because of other record
keeping requirements.
MOTION: Rep. Roberts made a motion that Docket No. 34-0105-0301 be approved.



Motion passed unanimously.

H475 Mr. Ted Spangler, STC, presented H475. This bill deals with ATV’s. It
amends the motor fuel tax statutes to clarify when refunds are payable on
fuel used in all-terrain vehicles not required to be licensed or to have a
recreational permit. Under current law they have to be four-wheels or
more this changes the law to three-wheels or more. Mr. Spangler
explained a correction to a comment he had made about motorcycles. He
stated that they are considered under the recreational vehicle category.
MOTION: Rep. Roberts made a motion to pass H475 to the floor with a do pass
recommendation.



Motion passed unanimously.



Rep. Roberts will carry the bill on the floor.

RS13669 Rep. Roberts presented RS13669. This legislation clarifies Idaho Code
49-619. This legislation will allow newer more modern agriculture
equipment to travel at speeds faster than 25 mph.



There were some questions about the safety of this and Rep. Roberts
said that the legislation makes it clear that the vehicle has to be safely
designed to travel the faster speeds. There was also a question about
the foot break and breaking system. Rep. Roberts said the old equipment
uses the foot breaks, but that the newer equipment has the breaking
system.



In answer to a question regarding tractors going fast with a driver with out
a license, Rep. Roberts said that there is a section of the Idaho Code that
specifically lists slow moving vehicles. This would just allow those
vehicles that are designed to travel at those speeds. Regarding a
question about interstate travel, Rep. Roberts said that vehicles have to
meet all requirements.

MOTION: Rep. Ridinger made a motion to send RS13669 to print.



Motion passed unanimously.

ADJOURN: With no further business to come before the committee the meeting was
adjourned at 2:45 p.m.






DATE: January 22, 2004
TIME: 1:30 p.m.
PLACE: Gold Room
MEMBERS: House members: Chairman Wood, Vice Chairman Ridinger,
Representatives Kellogg, McKague, Smith(24), Bedke, Bauer,
Skippen, Wills, Shepherd, Douglas



Senate members: Chairman Ingram, Vice Chairman Keough,
Senators Geddes, Brandt, Bilbao(Little), Bailey, McWilliams and Marley.

ABSENT/

EXCUSED:

Representatives Cuddy, Roberts, Cannon.

Senator Calabretta

GUESTS: See attached sign in sheets and highlighted speakers below.
Chairman Wood called the meeting to order at 1:32 p.m.
Rep. Skippen reported on the MHTA (Multi-State Highway
Transportation Agreement) meeting held on November 9, 10, and
11 in Las Vegas, Nevada. Those also attending the meeting were
Chairman Wood; Alan Frew, ITD; Capt. Lamont Johnston, ISP; and
Paul Sudmeier, Idaho Trucking Association.



The goal of the meeting was communication among the states to
achieve uniformity for the transport industry. The panel provided
information on issues from a broad perspective. Each state was
given time to explain what is going on in their state. There were
also discussions on the latest technology such as mobile weight
testing.



Issues that could affect us are concerns over food bioterrorism and
rules concerning the agriculture exemption from hours of service.
The Federal Motor Carrier Safety Administration of the US
Department of Transportation issued a “guidance” stating that
determined poultry, livestock, and feed grains were not agriculture
commodities. Ag exemptions which gives each state the ability to
decide on the best use of these allowed exemptions within their
state are in jeopardy by being in the rules not law. Rep. Skippen
said she will be introducing a joint House Memorial asking the U.S.



Congress to support HR871 which will move the ag exemption hour
of service from rules to law. This will protect it from future easy
changes.



A question was asked if there had been an effort to regulate heavier
trucks on the interstate. Rep. Skippen said only in the context of
uniformity for the states.

RS13674 Mr. Ed Huddleson, American Automotive Leasing Assoc.,
presented RS13674. Mr. Huddleson stated that he is a commercial
lawyer who has been involved in some of the bankruptcy litigation
around the country that shows a need for this bill.



TRAC (Terminal Rental Adjustment Clause) vehicle leasing is the
way commercial fleets of cars and trucks are leased throughout the
US. Typical TRAC lessees include state and local governments,
utility companies, Federal Express, Wendy’s Hamburgers, and
small and large businesses. What this legislation does is make it
clear that TRAC vehicle leases are true lease not sales, and this will
put and end to wasteful litigation about the issue. The bill would
clarify the law, keep the cost of TRAC vehicle leasing low, make the
law uniform and consistent throughout the US, and aid commerce
across the nation and Idaho in particular.



Mr. Huddleson said he received a letter from the National
Conference of Commissioner on Uniform State Laws and asked
that this be included in the record. (See attached) In Idaho TRAC
legislation is supported by Enterprise Leasing and by the Idaho
Trucking Association.

MOTION: Rep. Kellogg made a motion to introduce RS13674 for printing.



A question was asked about wrecked or salvaged vehicles and Mr.
Huddleson said that was outside this legislation. There was also a
question regarding some states which had adopted this legislation
making changes. Mr. Huddleson said that they had made small
changes but didn’t change the significant part of the legislation.



A vote was called for on the motion.



Passed unanimously.

Chairman Wood turned the gavel over to Vice Chairman Keough to
conduct the ITD Rules.
Docket No.

39-0247-0301

Amy Smith, ITD Vehicle Services Manager, presented Docket No.
39-0247-0301 which governs Revocation of Vehicle Registration for
failure to comply with a Motor Vehicle Emission Inspection
Ordinance. In the 2003 Legislative session, Senate Bill 1064 was
passed which amended Section 49-520, Idaho Code, which
eliminated the requirement to use certified mail when sending a
revocation of vehicle registration. This rule is being amended to
comply with those changes and was effective July 1, 2003.



Docket No.

039-0316-0301



Alan Frew, ITD Port of Entry Manager, discussed Docket No. 039-0316-0301 and the changes to this administrative rule governing
the issuance of permits for non-reducible vehicles/loads. The
department worked closely with the Farm Bureau and Idaho Grain
Producers in the development of this rulemaking and has the
approval of these organizations. Legislation was passed in 2003
(HB138a) to modify Idaho law allowing trailers used in the
transportation of implements of husbandry to be exempt from over-width permitting requirements. The rule was modified to harmonize
it with the new law.
Docket No.

039-0322-0301

Alan Frew, also presented Docket No. 039-0322-0301 which
governs the issuance of over legal permits for extra-length vehicle
combinations. When legislation passed in 2003 (HB395 and
SB1053) to modify Idaho Law increasing the overall length of
vehicle combinations to 115 feet and developing a new pilot project
to monitor the effects of heavier vehicle combinations of up to
129,000 lbs.



Mr. Frew said that changes to expand the permit requirements for
vehicles are: the permit must be displayed on the passenger side
of the windshield, lower right had corner; vehicle-specific trip logs
must be submitted quarterly in a standard electronic format; and
failure to submit trip logs will result in the revocation of all pilot
project permits issued to the motor carrier.



A question was asked as to why this rule was changed. Mr. Frew
said that it is to streamline the process and make it simpler for law
enforcement and carriers. There was a question as to whether the
formula had changed on a truck and two trailers. Mr. Frew said he
would follow up and get back to the committee with an answer.



In answer to a question regarding how many were taking advantage
of the heavier truck weights, Mr. Frew said that they have issued 50
permits since this came into effect, but that some were not able to
go the maximum 129,000 pounds because of bridge weight
restrictions.



Regarding the electronic reports, Mr. Frew said they had developed
a form and web site available to all carriers enabling carriers to
report this way. He said the report could also be faxed.

Docket No.

39-0341-0201

Lance Johnson, ITD Traffic Engineer, reported on Docket No. 39-0341-0201 concerning Traffic Control Devices. This rulemaking
updates the incorporation by reference, adopting the most recent
publication of the MUTCD. The exceptions are necessary to bring
the MUTCD inline with Idaho Code, correct errors, and
accommodate the operations of the Department and local
transportation agencies. The exceptions have been approved by
the FHWA and Local Highway Technical Assistance Council.
Regarding placement of warning signs, Mr. Johnson said that the
Federal Highway Administration has allowed some flexibility and
that does include some variation in sign size.
Docket No.

39-0343-0301

Jonathan Lenhart, ITD Utility/Railroad Engineer, presented Docket
No. 39-0343-0301. Utilities on State Highway Right-of-Way. This
rulemaking adds new sections required by the Office of
Administrative Rules and removes language that is already in the
incorporated document. The document incorporated by reference
has been updated with input from the affected parties and has been
reviewed and approved by the utility companies and FHWA. It
retains the basic information but reorganizes and reformats the
content in a more user-friendly style. Internal procedural
information was moved into a staff manual. Some guidelines were
made less restrictive to provide more flexibility in issuing permits to
the utility providers.
Docket No.

39-0346-0301

Greg Laragen, ITD Assistant Chief Engineer of Operations. These
are Rules governing studded tires. HB231, effective July 1, 2003,
incorporates the provisions of IDAPA 39.93.46 into Idaho Code,
eliminating the need for this rule. The purpose of this rulemaking is
to repeal this Administrative Rule.
Docket No.

39-0363-0201

Steve Holland, ITD Assistant Engineer, reported on Docket No. 39-0363-0201. Changes to the existing rule include: removal of the
gold star as the only allowable traffic accident memorial; new
guidelines for fabrication and placement of traffic accident
memorials; provision for removal of non-conforming memorials;
requirement for notification of adjacent property owners before
placement; and guidelines for safety of the participants when on the
state highway system. This action is necessary to bring the Rule
into compliance with the changes to Section 49-1316, Idaho Code,
in Senate Bill 1137, effective July 1, 2001.



A question was asked regarding what happens to memorials that
are now exceeding the new limits. Mr. Holland said that they are
addressing these issues and those that are a traffic hazard or in the
right-of-ways would be moved. Last year the department had two
removals, 13 inquiries about placement, and one application.

ADJOURN: With no further business to come before the committee, Rep. Wood
adjourned the meeting at 2:20 p.m.






DATE: January 26, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Bedke, Bauer, Cannon, Skippen, Wills, Cuddy,
Shepherd, Douglas
ABSENT/

EXCUSED:

Representative Roberts
GUESTS: See highlighted speakers below and attached sign in sheet.
Vice Chairman Ridinger called the meeting to order at 1:43 p.m.
MOTION:



Rep. Wills made a motion to accept the minutes of January 20, 2004, as
written.



Motion approved.

MOTION: Rep. Wills made a motion to accept the minutes of January 22, 2004, as
written.



Motion approved.

RULES: Vice Chairman Ridinger stated that there were five ITD rules to be voted
on.
MOTION: Rep. Smith made a motion to approve Docket No. 39-0247-0301.



Motion carried.

MOTION: Rep Skippen made a motion to approve Docket No. 39-0316-0301.



Motion carried.

MOTION: Rep. Wills made a motion to approve Docket No. 39-0322-0301.



Motion carried.

MOTION: Rep. Bauer made a motion to approve Docket No. 39-0341-0201.



Motion carried.

MOTION: Rep. Shepherd made a motion to approve Docket No. 39-0343-0301.



Motion carried.




MOTION:


Rep. Douglas made a motion to approve Docket No. 39-0346-0301.



Motion carried.

MOTION: Rep. McKague made a motion to approve Docket No. 39-0363-0201.



Motion carried.

H474 Mr. Morris Detmar, ITD, presented H474. He stated that this is an
efficiency bill. This legislation amends Section 49-439, Idaho Code, to
allow transfer of the ITD Motor Carrier Service Audit Unit to the State Tax
Commission in FY05. This would reduce the number of audits required
by ITD from two to one. In response to a question, Mr. Detmar stated that
this function of taxing has always been paid by dedicated funds.
MOTION: Rep. Smith made a motion to send H474 to the floor with a do pass
recommendation.



Motion carried.



Rep. Smith will carry the bill on the floor.

Vice Chairman Ridinger turned the gavel over to Chairman Wood.
Chairman Wood then welcomed ITD’s new director Dave Ekern and
Board Chairman Chuck Winder.



Mr. Chuck Winder, presented a video put together by ITD. Mr. Winder
then gave a power point presentation. He stated that Idaho has the fifth
most efficient transportation system in the nation. Points made in the
presentations were:

  • A strong transportation system strengthens Idaho; virtually every
    item in your home and at your job traveled into your life through
    Idaho’s transportation system.
  • Transportation is driving Idaho’s economy; construction sustains
    14,000 private sector jobs, and Idaho’s aviation system supports
    26,000 jobs.
  • Continuing commitment to US 95; $264 million invested in 74
    projects on US 95 during the last six years, and another $264
    million will be invested over the next five years.
  • Connecting Idaho; with highway improvements, transit funding and
    airport projects.
  • Serving motorists and truckers.
  • Building bridges to Idaho’s past & promoting tourism.
  • Reaching out & listening to customers.
  • Improving practices and productivity; the construction program
    grew 62% over the last six years; workforce increased less than
    1%; Sixty-four efficiency measures were implemented saving $4.2
    million in one-time savings and another $1.6 million in on-going
    savings.
  • Safety; ITD partners with law enforcement and health care
    professionals; promote seat belt use; and engineering
    improvements to make a daily difference.


Mr. Winder introduced Mr. Dave Ekern, ITD Director. Mr. Ekern said that
after 12 years Congress has said the interstate is complete.



Rep. Skippen said that Idaho is one of the few states in the nation that
does not have a north/south interstate so she has to disagree that the
Interstate is complete. Mr. Ekern stated that with the completion of the
Interstate system states can now set their own priorities. He said that
priority setting is a harder question as the systems that are in place today
force them to look seven or more years into the future.



Some of the challenges ahead will be:

  • Moving toward zero deaths
  • Transportation as a tool for growth
  • Strengthening community involvement
  • Providing statewide access to public transportation
  • Improving Idaho’s airport system
  • Innovative financing tools
  • Delivering projects that are; an asset to the community;
    environmentally compatible, the best in engineering and
    construction excellence, and delivered on time and in budget.


Mr. Ekern said that car crash injuries are the number one cause of death
in those 35 and younger. When asked about moving to zero deaths, Mr.
Ekern stated that law enforcement, education, and finance all come into
play.



A question regarding bridges was asked. Mr. Ekern stated that local
system bridges is the next challenge and priorities will need to be set.
Rep. Wood stated that when LHTAC gives their presentation to the
committee they will give us more information.



There was a question about increased funding and how we will fair with
matching state money. Mr. Ekern said that they believe they have the
matching funds. There was also a question regarding our deteriorating
highways. Mr. Ekern said that the board and the department have made
it a priority to preserve and maintain the roads. He said this is not a large
dollar amount but it gets us miles. He also stated that this is one of the
most efficient departments in the country.



Mr. Ekern said the department will give its budget presentation on
Wednesday.

ADJOURN: With no further business to come before the committee, Chairman Wood
adjourned the meeting at 3:17 p.m.






DATE: January 28, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bauer, Cannon, Skippen, Wills, Cuddy,
Shepherd, Douglas
ABSENT/

EXCUSED:

Representative Bedke
GUESTS: See attached sign in sheet and presenters highlighted below
Chairman Wood called the meeting to order at 1:35 p.m.
MOTION: Vice Chairman Ridinger made a motion to accept the minutes of January
26, 2004, as written.



Motion approved.

BILL #: H473 Mr. Steve Bywater, Deputy AG – ITD, presented H473. This legislation
will amend Section 40-902, Idaho Code, to provide an administrative
remedy when a bidder on a state highway contract challenges the Idaho
Transportation Department’s determination of the lowest and best bid.
Many state highway projects are time sensitive and it is in the best
interest of both the contractors and the Department to obtain a prompt,
impartial decision when there is a dispute over which bidder submitted the
lowest and best bid.



When a bid is challenged they must file an action in District Court. At
times the Court is not able to hear and decide the case in a timely
manner. This proposed legislation will allow the Department to use the
Administrative Procedures Act to resolve a bid protest through the use of
hearing officers. Mr. Bywater stated the AGC agrees with this legislation.
In answer to a question regarding liability to the Department, Mr. Bywater
said that there would be no liability.

MOTION: Rep. Cuddy made a motion to send H473 to the floor with a do pass
recommendation.



Motion passed unanimously.



Rep. Cuddy will carry the bill on the floor.

Chairman Wood passed the gavel to Vice Chairman Ridinger.
RS13692C1 Chairman Wood, presented RS13692C1. The purpose of this legislation
is to prevent the unauthorized use of electronic devices to override traffic
signal controls and to prescribe penalties.
MOTION: Rep. Kellogg made a motion to introduce RS13692C1 for printing.



A discussion followed as to whether the language in this bill was specific
enough to allow for certain emergency organizations such as rural fire
departments to use these devices; and whether official duty, on line 21,
was explicit enough. It was felt that someone could be on official duty,
but they were not hurrying to an emergency and still might use this
device.



Rep. Kellogg withdrew her motion.



Rep. Smith made a motion to hold in time certain RS13692C1 until next
week.



Motion approved.

Vice Chairman Ridinger passed the gavel back to Chairman Wood.
RS13703C1 Rep. Smith, presented RS13703C1. The purpose of this legislation is to
make the terms of dissolution of a single countywide highway district
consistent with the requirements to establish a district. Present law
requires 10% or more of the qualified electors in the proposed district to
petition the county commissioners for the establishment of a single
countywide highway district. This legislation would provide for 10% or
more of the qualified electors in the district to petition the county
commissioners for a hearing for dissolution of the single countywide
highway district.



Replying to a question regarding the number of signatures it would take to
dissolve a highway district. Rep. Smith said it would take 10% plus one
signature for a hearing for dissolution.

MOTION: Rep. Roberts made a motion to introduce RS13703C1 for printing.



Motion approved.

Mr. Chuck Winder, ITD Board Director, introduced the speakers for ITD’s
Advisory Committees.



Mr. Scott Patrick, Idaho Division of Aeronautics, briefed the committee
about their mission statement and members. There are five board
members that consult with and advises ITD. He said that their group is
always working on improving and saving airports.



Mr. Grant Peterson, Chairman Idaho Automobile Dealers Advisory
Board, stated that they have eight members and assist and advise the
Idaho Transportation Department in the administration and enforcement
of Motor Vehicle Dealer and Salesman Licensing Act.



Mr. Jim Pline, Idaho Traffic Safety Commission, stated that the
commission was created in 1965 and has 15 commission members. They
review traffic safety problems, develop effective plans for additional local-state cooperative activities, recommend programs to receive federal

aid for highway safety, and recommend future traffic accident prevention
activities.



Mr. Jerry Whitehead, Motor Carrier Advisory Committee. This committee
was created to review proposed regulations, statutes and general issues
relating to motor carrier matters. There are 12 members.



General Jim Brooks, Vice Chairman Public Transportation Advisory
Council. This advisory council consists of six members; two members
appointed from each of the three Transportation Department Districts.
They advise the Idaho Transportation Department on issues and policies
regarding public transportation in Idaho.



Rep. Wood thanked everyone stating that these are all volunteers.

ITD Budget Report:



Mr. Charlie Rountree, ITD Administrator, briefed the committee
regarding the transportation bills being addressed at the Federal level.
He said the House and Senate have different bills and they will mean
different funding. He stated that the Department is now working on an
extension of the T-21 and until there is a transportation bill their hopes are
to get another extension on T-21.



Mr. Dave Ekern, ITD Director, presented the proposed 2005 budget
request. Mr. Ekern said that the total budget request is $425,910,300.
(See attached budget).



A number of questions were asked that Mr. Ekern needed time to
research, Rep. Wood requested that Mr. Ekern come to the committee
meeting on February 4.

ADJOURN: With no further business to come before the committee, Chairman Wood
adjourned the meeting at 3:45 p.m.






DATE: February 2, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills,
Cuddy, Shepherd, Douglas
ABSENT/

EXCUSED:

None
GUESTS: See attached sign in sheet and highlighted speakers below.
Chairman Wood called the meeting to order at 1:30 p.m.
MOTION: Rep. Wills made a motion to accept the minutes of January 28, 2004, as
written. Motion approved.
H480: Rep.Naccarato presented H480. This license plate bill is a recognition
to Lewiston for its role in Idaho’s history.



Mr. Greg Follett, spoke in favor of the bill. He stated that the Historic
Lewiston License Plate offers several economic benefits as well as many
educational opportunities. The Historic Lewiston License Plate offers a
viable, creative opportunity to re-invest in our community, our surrounding
counties and ultimately the entire state through various forms of education
for K through 12 grade students.



In answer to a question about current funding, Mr. Follett said that they
receive their funding now through grants and public donations.



Mr. John A. Mock, also spoke in favor of H480. Mr. Mock stated that
they expect to sell 4,000 plus plates. He said they would be sold on the
internet and would be sold statewide, nationally, and internationally.

MOTION: Rep. Skippen made a motion to send H480 to the floor with a do pass

recommendation.



Motion approved with 9 Yea and 4 Nay. Representatives Bedke, Roberts,
Smith and Wood voted Nay.

Chairman Wood passed the gavel to Vice Chairman Ridinger.
RS13692C2 Rep. Wood, presented RS13692C2. This revised bill would outlaw the
unauthorized use of mobile signals that use light beams to control or
preempt traffic signals outfitted with Opticom receivers. Opticom units
allow emergency responders to give themselves a green light, the official
right-of-way, through intersections to more quickly and safely respond to
calls. Private transmitters have recently become prevalent on the Internet
giving private individuals the ability to control signals. This proposed
legislation would make the unauthorized use of such transmitters a
misdemeanor punishable by up to six months in jail, a fine of $1,000, or
both. This bill clears up concerns from the committee of potential impact
on emergency responders particularly rural firefighters.
MOTION: Rep. Smith made a motion to introduce RS13692C2 for printing.



Motion carried.

The gavel was returned to Chairman Wood. She then introduced Mr. Joe
Haynes for a presentation by the Local Highway Technical Assistance
Council (LHTAC).



Mr. Joe Haynes, LHTAC Administrator, Mr. Haynes said that they have
twelve council members: three mayors, three county commissioners,
three highway district commissioners and a representative from each of
their associations.



He noted three out of ten specific areas in the authority of the council. (1)
Develop uniform standards and procedures that may be recommended to
its member jurisdictions for the construction, maintenance, use, operation
and administration of local highways; (2) Make recommendations to the
Idaho Transportation Board for the distribution and prioritization of federal
funds for local highway projects; and (3) Assist the legislature by
providing research and data relating to transportation matters affecting
local highway jurisdictions within the state.



LHTAC gives regular reports to the Legislature and publications for Local
Highway Jurisdictions as well as joint publications. In upcoming
publications and studies, Mr. Haynes mentioned that they will do Weight
Restrictions Due to Frost Breakup manuals as this seems to be a
problem.



LHTAC provides project selection and administration for the following
Idaho Transportation Department programs:

  • Local Federal-aid Incentive Program/STP Urban & Rural
  • Local Rural Highway Investment Program
  • Local Federal-aid Bridge Program
  • Asset Management Project
  • Intergovernmental Relations
  • State of Idaho Agencies
  • Federal Agencies


Mr. Haynes said that they have a joint bridge project with Nez Perce
County using Indian Reservation Roads funding and local funding for a
bridge over the Clearwater River. The total cost of the project is $8.5
million. A million in local federal aid will be spent on bridge study.
Chairman Wood stated that one million dollars seemed high for a study.
Mr. Haynes said that since it was federal dollars an impact study would be
done on such things as prime spawning ground; Indian artifacts;
historical sites, etc. This is why the cost is high and why projects are held
up.

Mr. Byron Keely, LHTAC Deputy Administrator, responding to a question
about BLM and LHTAC working together, Mr. Keely said that this came
about because of a highway district grading into part of a foundation for a
historical site. They then developed a document that lists the laws which
both entities have to deal with. They have an informal group that gets
together and helps get training out there.



Mr. Keely gave a broad overview of Local Highway Jurisdictions. He said
there are 288 local highway jurisdictions. There are 191 cities, and cities
have jurisdiction in all but one county. For roads outside the cities there
are 33 counties, 21 exclusively county, and 12 are county and highway
district administration. There are 64 highway districts in 23 counties with
11 exclusively highway district administration and 12 county and highway
district administration. Mr. Keely said that the local highway system is
made up of roads, bridges, and railroad crossings.



As of 2003 there were 33,250 LHJ miles; 2,283 bridges, and 1,275
railroad crossings. On bridges over 20 feet, 50 qualify for replacement
and 130 qualify for rehabilitation.



Mr. Keely gave the figures for revenue and expenditures using 2002
figures. He stated that disbursement of revenues was 99.2%, and he said
that everything that came in went back out with the holdover of funds for
construction and maintenance, which shows a prudent use of funds.



Some of the challenges for LHJ’s are:

  • Revenue is unbalanced – not enough coming from user revenues
    (Regis, fuel, title)
  • LHJ growing mileage in the last 10 years and population growth
    has increased the need to retrofit and/or expand existing highway
    facilities
  • Dealing with rural to urban migration and generational turnover
    increased the need for trained personnel


Future challenges :

  • Preserve the system
  • Upgrade for safety and performance
  • Training for local elected officials and the approximately 1,900 LHJ
    employees.


Mr. Keely talked about addressing needs and conditions in Idaho. The
number one recommendation from the 2003 Idaho Transportation
Resource Task Force was to come up with and approach the condition
and needs of local highway jurisdictions. Also during the task force
meetings a funding concept was developed, to basically increase title fees
and use the funds for cities, counties and highway districts. This proposal
has been supported by adoption of a resolution by the Association of
Idaho Cities, Idaho Association of Counties, and the Idaho Association of
Highway Districts. Mr. Keely introduced J.R. Van Tassel who has been
chosen to coordinate this project.



There were questions from the committee regarding how smaller highway
districts could obtain federal money through grants when they don’t have
a grant writer on staff. Chairman Wood said this is where LHTAC comes
in and that these groups should call LHTAC for information.

ADJOURN: There being no further business to come before the committee, Chairman
Wood adjourned the meeting at 2:47 p.m.






DATE: February 4, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills,
Cuddy, Shepherd, Douglas
ABSENT/

EXCUSED:

None
GUESTS: See attached sign in sheet and speakers highlighted below.
Chairman Wood called the meeting to order at 1:34 p.m.
MOTION: Rep. Smith made a motion to approve the minutes of February 2, 2004,
as written.



Motion approved.

Chairman Wood turned the gavel over to Vice Chairman Ridinger
H540 Rep. Wood, presented H540. She reminded the committee that Mr.
Huddleson of Washington D.C., had been here to address TRAC Vehicle
Leasing at the Joint Senate and House Transportation meeting. She
stated that the new section applies to Idaho and will put us on line with 46
other states.
MOTION: Rep. Wills made a motion to send H540 to the floor with a do pass
recommendation.



Motion approved.

The gavel was turned back to Chairman Wood.
H604 Chairman Wood stated that some questions have been raised about this
bill and that it might need some corrections. For now it will be held in
committee.
RS13769 Rep. Skippen, presented RS13769. This bill came about because of
concerns regarding the Federal Bioterrorism Act. The United States
Department of Transportation issued a guidance determining that poultry,
livestock, and feed grains were not agricultural commodities and therefore
would not give states the option to exempt these agricultural products
from hours of service for transport. This House Joint Memorial requests
Idaho’s Congressmen to cosponsor H.R. 871, which would move the
current definition of agriculture commodities from rule to law, taking out
the future Department of Transportation rulemaking.
MOTION: Rep. Roberts made a motion to introduce RS13769 for printing.



Motion approved.

RS13919 Rep. Roberts, presented RS13919. This is a clean up bill of H507.
There had been some concerns from the committee about the equipment
being towed and the interstate highway. This new legislation adds
including towed units of farm equipment.



There was a concern about a 10 or 12 year old driving the new ag
equipment at higher speeds on a state highway. Rep. Roberts said that
there is no age limit on driving farm equipment in the state of Idaho.

MOTION: Rep. Bedke made a motion to introduce RS13919 for printing.



Motion approved.

H507 Rep. Roberts asked that H507 be held in committee.
MOTION: Rep. Bedke made a motion to hold H507 in committee at the request of
the sponsor.



Motion approved.

ITD BUDGET: Julie Pipal, ITD Budget, Policy, Intergovernmental Relations, was at the
meeting to answer questions that the committee had regarding the
income portion of the ITD budget given on January 28. Ms. Pipal
introduced Joel Drake, ITD Budget Analyst, she said that Mr. Drake was
here to help answer questions.



There were questions about what income will come into the department
this year and if this is about what the Governor estimated. Ms. Pipal said
that the anticipated revenue is less than the governor’s budget. She said
there was a cash balance carryover and this is always pulled forward. It
was also asked what the income is from fuel tax, car registration, etc., and
if they are climbing or declining. Also what the revenue from truck
registration will be.



Rep. Wood stated that the committee needs to know whether revenues
are going up or down or if they are steady so that the committee can
make informative decisions when a bill comes before them that will
increase fees. Ms. Pipal said that she would get a graph and other
information to the committee which will answer these questions.

MOTION: Rep. Smith made a motion to bring back to the table RS13919 to
reconsider.



Motion approved.

MOTION: Rep. Smith made a motion to send RS13919 for introduction with the
following language added at the end of line 27 after limit: and shall be
operated by a licensed driver.



Rep. Roberts stated that he supports this motion.



It was asked if this means someone unlicensed could still drive ag
equipment if their speed was less than 25 mph. Rep. Smith said yes.



A vote was taken to send RS13919 for introduction with the amended
language.



Motion approved.

ADJOURN: There being no further business to come before the committee Chairman
Wood adjourned the meeting at 2:10 p.m.






DATE: February 10, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills,
Cuddy, Shepherd, Douglas
ABSENT/

EXCUSED:

None
GUESTS: See attached sign in sheet and speakers highlighted below.
Chairman Wood called the meeting to order at 2:32 p.m.
MOTION: Rep. Wills made a motion to accept the minutes of February 4, 2004, as
written.



Motion approved.

RS13891 Rep. Ridinger presented RS13891. This legislation relates to funding
local highway construction. The current title fee for vehicles is $8.00.
This proposal increases the title fee by $10.00 and would provide
approximately $5 million for Local Highway Economic Investment Fund.
This would be a stand-alone fund, project selection and oversight for
projects up to $100,000.00, and reporting to Legislature by the Local
Highway Technical Assistance Council. One half of the fund would be
used for urban projects and one half for rural projects. An additional
benefit is that this fund eliminates a $2.8 million annual expenditure of
state dollars by ITD by substituting this Fund for the Local Rural Highway
Investment Program.
MOTION: Rep. Kellogg made a motion to introduce RS13891 for printing.



Answering a question regarding new or used cars, Rep. Ridinger stated
that this effects all new titles. There was also concern about what the
money could be used for. Mr. Byron Keely, LHTAC, stated that these
fees cannot be used for equipment purchases or employee’s wages. All
funds would be used for purchase of material and/or contracting with
private business for work. Mr. Keely said that administrative costs are
kept low in the program this proposal is modeled after by spot-checking
on project work and financial records as opposed to complete review of
every project.



A roll call vote was called for on the motion to introduce RS13891 for
print. (See attached roll call sheet)



Motion approved with 12 voting Aye, 1 voting Nay, and 1 absent.

HJM15 Rep. Skippen, presented HJM15. Rep. Skippen stated that she first
became aware of the need for this House Joint Memorial at the MHTA
meeting. The concern was who was going to determine what an ag
product is and how this would effect hours of service. The United States
Department of Transportation issued a guidance determining that poultry,
livestock, and feed grains were not agricultural commodities and therefore
would not give states the option to exempt these products from hours of
service for transport. This House Joint Memorial requests Idaho’s
Congressmen to cosponsor H.R. 871, which would move the current
definition of agriculture commodities from rule to law. Rep. Skippen cited
a letter from United State Senator Conrad Burns of Montana, asking for
support for this measure.



Mr. Dar Olberding, representing the Grain Producers Association, spoke
in favor of the bill.

MOTION: Rep. Roberts made a motion to send HJM15 to the floor with a do pass
recommendation.



Motion approved.

RS13958 Rep. Martinez, presented RS13958. This legislation allows for the use of
a consular identification card or other identification documents deemed
acceptable by the Department of Motor Vehicles for Driver’s License
applicants who are not eligible for a Social Security number. It shall also
establish by rule which documents issued outside the United States may
be used as proof of identity and date of birth.



Rep. Martinez said that there are 25,000 to 50,000 aliens living in Idaho
and 15,000 to 30,000 undocumented workers. He named ten states
where undocumented aliens can get licenses.



In the bill, it states that individuals are required to register for selective
service and can fulfill such registration requirements in conjunction with
an application for a driver’s license. There was a question asking if these
people are subject to this requirement. Rep. Martinez said he didn’t know
but could find out the information.



Rep. Martinez used the word undocumented when speaking of the people
to which this bill would apply. It was asked if undocumented was the
same as illegal. Rep. Martinez responded by saying it means not
assigned a Social Security number.

MOTION: Rep. Douglas made a motion to introduce RS13958 for print.
SUBSTITUTE
MOTION:
Rep. Bedke made a substitute motion to return RS13958 to sponsor.



A vote was taken on the substitute motion.



10 Aye, 4 Nay. (Representatives Douglas, McKague, Kellogg, and
Shepherd voted Nay)



Motion approved. RS13958 will be returned to sponsor.

RS13963 Rep. Smith, presented RS13963. He stated that this is a repetition of
H578, but it clarifies that there will be an election held not just a hearing.
Present law requires 10% or more of the qualified electors in the
proposed district to petition the county commissioners for the
establishment of a single countywide highway district. This legislation
would provide for 10% or more of the qualified electors in each of the
commissioner’s subdistricts to petition the county commissioners for
dissolution of the single countywide highway district, and provides for the
election to be held at the next general election following the hearing.



There were a number of questions from the committee concerning
whether the county commissioners would be making a decision for an
election or if they would make the decision to dissolve the highway
district. Rep. Smith said that the county commissioners would not make
the decision to dissolve the highway district as an election would need to
be held.



Answering a question about a bill like this that was brought before the
committee last year, Rep. Smith said that the bill last year applied to every
highway district and this one would only apply to the Ada County Highway
District.

MOTION: Rep. Kellogg made a motion to introduce RS13963 for printing.



Motion approved (Chairman Wood and Rep. McKague voted Nay).

MOTION: Rep. Smith made a motion to hold H578 in committee.



Motion approved.

The committee moved to the Gold Room to hear a presentation on the
ITD Weight Distance Conversion Study for the National Institute of
Advance Transportation Technology (NIATT).



Mr. Morris Detmar, ITD Division of Motor Vehicles, gave background on
how this study came about after Idaho’s weight/distance tax was found in
violation of Commerce Clause in the U.S. Constitution which ended in a
settlement to ATA in 2000. The legislative study comparing the old weight
distance/use fee truck registration system with the new registration
system created by the repeal of weight distance tax procedures in
October of 2001.



Mr. Detmar introduced Dr. Ken Casavant and Dr. Eric Jessup who gave
a power point presentation. Dr.’s Casavant and Jessup talked about:



  • Revenue Neutrality became the accepted goal of participants in
    the settlement (negotiated at $41.3 million)
  • Comparison of Old/New system on taxpayer (trucking firms) cost
    of operation
  • Comparison of Old/New system on dollars per ton mile.
  • The revenue generated by different weight vehicles.
  • Level of the states current budget in regard to registration
    collection.

(See attached power point handout)



It was asked what was done with the windfall that was mentioned. Mr.
Detmar said that it was used primarily for state projects as well as
matching federal funds had to be met. He said that it did go into the
highway account.



There was some concern about the amount that is charged to trucks and
the amount that is charged for cars, and that maybe we need to look at
cars for more money.



Mr. Detmar was asked how many trucks have taken advantage of the
129,000 pounds weight. He said 50.

ADJOURN: With no further business to come before the committee, Chairman Wood
adjourned the meeting at 4:32 p.m.






DATE: February 12, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: House: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bauer, Cannon, Skippen, Wills, Shepherd,
Douglas



Senate: Chairman Ingram, Vice Chairman Keough, Senators Geddes,
Brandt, Little, Bailey, McWilliams, Marley, Calabretta

ABSENT/

EXCUSED:

House: Representatives Cuddy and Bedke



Senate: None

GUESTS: See attached sign in sheet and presenters highlighted below
Senator Ingram called the meeting to order at 1:35 p.m.



Sen. Ingram turned the gavel over to Chairman Wood. Chairman Wood
stated that there are two RS’s that need to be heard today as this is the last
day for our committee to hear them, and she asked the committee to
introduce for print RS13993 and RS14076.

MOTION: Rep. Kellogg made a motion to introduce RS13993 for print.



Motion approved.

MOTION: Rep. Skippen made a motion to introduce RS14076 for print.



Motion approved.

Chairman Wood then turned the gavel back to Senator Ingram.



Sen. Ingram introduced Roy Eiguren who is with the law firm of Givens
Pursley and represents Valley Ride. Mr. Eiguren gave background on the
Idaho Task Force on Public Transportation. He introduced the task force
members who were in the audience. He also talked about:

  • The formation of the task force
  • Their responsibilities
  • Key definitions:
  • public transportation
  • client transportation


Gen. Jim Brooks, Vice Chairman ITD Advisory Council, gave a history of
Public Transportation Legislation in Idaho. Prior to 1991, there was little or
no state support for public transportation in Idaho and no state legislation
pertaining to public transportation. In 1991, an interim legislative committee
was formed to study public transportation. In the 1992 legislative session
the work of the interim committee resulted in HB779. It called for the
formation of the six-member Public Transportation Advisory Council. In
1994, legislation was passed which allowed for the creation of regional
public transportation authorities (RPTAs). Today there are two RPTAs in
Idaho, one in Bonneville County and one in Ada and Canyon counties.

Summary Points:

  • Idaho is one of seven states that receive no state funds for public
    transportation.
  • The enabling legislation that allowed for the creation of regional
    transportation agencies did not include a funding mechanism.
  • Three efforts to secure a state-funding source for public
    transportation have been unsuccessful.
  • Three efforts to pass enabling legislation to allow for a dedicated
    funding source for public transportation have been unsuccessful.
  • During the 1990s, at least 20 states adopted new laws authorizing
    local option transportation taxes.
  • 22 states have some local option vehicle taxes earmarked for public
    transportation related purposes.
  • 33 states have authorized local option tax for public transportation
    purposes.


In Idaho (statewide) there are approximately 56 general public transportation
providers ­ 10 public, 34 private for profit and 12 private non-profit.



There are six sources for funding for public transportation in Idaho:

  • Federal Transit Administration
  • Medicaid
  • Other
  • Idaho Department of Transportation
  • Idaho Department of Education
  • Local Funds



Funding options considered by the Idaho Task Force on Public
Transportation were:

  • Employment tax
  • Gasoline tax
  • Impact fees
  • Local sales taxes
  • Local excise taxes on tobacco, beer and wine
  • Personal income tax
  • Personal property tax on vehicles
  • Real property taxes
  • Title transfer fees
  • Vehicle registration fees


Summary of the prevailing comments made at focus group meetings:

  • There needs to be better education of services already provided.
  • Incentives must be provided for people to use public transportation.
  • There is solid support for public transportation.
  • There is support for local funding option for public transportation.
  • There are opportunities for better utilization of existing transportation
    systems and services.
  • Support for a sales tax increase earmarked for public transportation
    was mixed. Support was stronger for a vehicle property tax.



Ms. Kelli Fairless, Valley Ride; Mr. Ron Binggeli, Executive Director
Pocatello Regional Transit; Mr. Terry Crawford, Transit Manager
Ketchum/Sun Valley Transit Authority; Mr. Joe Herring, Executive Director,
Region IV Development Agency; Mr. Steve Purvis, City of Boise, all spoke
on Public Transportation services and needs.



A full report Idaho Task Force on Public Transportation Report to the State
Legislature, February 2004
, is available in the House Transportation and
Defense Committee office and the Legislative Library.

ADJOURN: Having no further business to come before the committee the meeting was
adjourned at 2:45 p.m.






DATE: February 16, 2004
TIME: 1:30 p.m. or upon adjournment
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Roberts, Bedke, Bauer, Cannon, Skippen, Wills, Cuddy,
Shepherd, Douglas
ABSENT/

EXCUSED:

Smith(24)
GUESTS: See attached sign in sheet and presenters highlighted below.
Chairman Wood called the meeting to order at 3:55 p.m.
MOTION: Rep. Ridinger made a motion to accept the minutes of February 10, 2004,
and February 12, 2004, as written.



Motion approved.

H616 Rep. Roberts, presented H616 which allows newer more modern
agriculture equipment to travel at speeds faster than 25 miles per hour.
This bill also requires that the equipment be operated by a licensed driver.
MOTION: Rep. Cannon made a motion to send H616 to the floor with a do pass
recommendation.



Motion approved.

Chairman Wood turned the gavel to Vice Chairman Ridinger.
H604 Rep. Wood presented H604. This legislation is to prevent the
unauthorized use of electronic devices to override traffic signal controls
and to prescribe penalties.
MOTION: Rep. Roberts made a motion to send H604 to General Orders with
committee amendments attached. Seconded by Rep. Ridinger. (See
attached committee amendments)



Motion approved.

HCR45 Rep. Wood presented HCR45. This legislation expresses support and
encouragement for Idaho National Guard and Reserve personnel and the
public agencies and private businesses for which they work.
MOTION: Rep. McKague made a motion to send HCR45 to the floor with a do pass
recommendation.

Motion approved.

The gavel was returned to Chairman Wood.
H684 Rep. Ridinger presented H684. This legislation came about from
recommendations by the Idaho Motor Carrier Advisory Committee. This
legislation defines an engine idling activity and eliminates the potential for
a consumer to claim a fuels tax refund when the special fuel is used to
idle a registered vehicle, for an extended period of time, at a specified
level of RPMs. This legislation will not change current special fuel
exemptions for nontaxable miles or power take-off credits.
MOTION: Rep. Cuddy made a motion to send H684 to the floor with a do pass
recommendation.



A question was asked if there will be any trucks that will be allowed to
take the tax credits. Rep. Ridinger said not when they are idling by the
definition of idle in this bill. It was asked how the audits are performed.
Mr. Dan Johns, State Tax Commission, stated that they would get credit
for Power Take Off units (PTO) and file on separate forms. He said that
there are national guide lines to follow.



The motion on the floor is to send H684 to the floor with a do pass
recommendation.



Motion approved.

ADJOURN: With no further business to come before the committee, Chairman Wood
adjourned the meeting at 4:10 p.m.






DATE: February 18, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives, Nonini,
McKague, Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills,
Cuddy, Shepherd, Douglas
ABSENT/

EXCUSED:

None
GUESTS: See sign in sheet (attachment #1) and presenters highlighted below.
Vice Chairman Ridinger called the meeting to order at 1:46 p.m.
MOTION: Rep. Douglas made a motion to accept the minutes of February 16, 2004,
as written.



Motion approved.

Mr. Dick Juengling, Interagency Working Group (IWG) spoke briefly
about how IWG was established. Statutory Charge, Section 40-514,
Idaho Code, was established to analyze public transportation needs,
identifying areas for coordination and developing strategies for eliminating
procedural and regulatory barriers to coordination at the state level; and
promote cooperation and collaboration among systems. Mr. Juengling
named the members of IWG, and introduced those who were in the
audience; Larry Falkner, IWG Vice Chair; Randy May, Idaho Department
of Health & Welfare, Division of Medicaid; Ms. Tanya Brindle, Idaho
Division of Vocational Rehabilitation. He also introduced Mr. Ronald
Binggeli, Public Transit Director, City of Pocatello.



Mr. Juengling said there are two types of transportation; Public
Transportation and Client Transportation. Public transportation services
are open and available to general public; anyone may ride and usually
there is a standard fare paid; and Client Transportation is arranged
transportation for clients of a specific health and human service or
educational program where an agency pays for transportation services.
Criteria, regulations, and restrictions typically apply.



Mr. Larry Falkner, IWG Vice Chair, said there are three IWG initiatives;
Pocatello Regional Transit (Four-County Regional Demonstration
Project); Magic Valley Initiative; and North Central Idaho Rural Access.



Mr. Falkner mentioned that they are developing a pilot project in North
Central Idaho using school buses. This would allow use of the school
buses year round and employment year round for the drivers. A question
was asked if Idaho Code would allow this. Mr. Falkner said that they have
ITD and the Attorney General’s office looking into this.



There was also some concern about the wear and tear on the school
buses and the increased milage it would put on the buses. Mr. Falkner
said the pilot program would need to be reviewed to see what the added
costs would be.

SJM105 Senator Kennedy, presented SJM105. During 2004 and 2005, the U.S.
Base Re-alignment and Closure Commission will again be studying the
missions and performance characteristics of all military bases in the
United States and will be recommending the closure of certain bases, or
reduction of the missions conducted at some bases. This Memorial urges
the U.S. Department of Defense and the U.S. Congress to give strong
consideration to retain and even expand the current mission of Mountain
Home Air Force Base.
MOTION: Rep. Roberts made a motion to send SJM105 to the floor with a do pass
recommendation.



Motion approved.



Rep. Wills will carry SJM105 on the floor.

H655 Rep. Ridinger, presented H655. This legislation would increase the
current title fee by $10 whenever a new title is issued. This title fee
increase would provide approximately $5 million for a Local Highway
Economic Investment Fund. This would be a stand-alone fund (similar to
Restricted Highway Fund), project selection and oversight for projects up
to $100,000.00, and reporting to Legislature by the Local Highway
Technical Assistance Council. One half of the fund would be used for
urban projects and one half for rural projects.



Mr. J.R. VanTassel, Nez Perce County Commissioner, representing the
Idaho Association of Counties, handed out a chart on Surface
Transportation Program (STP) funding for Local Highway Jurisdictions.
(See attachment #2). He said that in addition to the $5,000,000
Investment Fund ($2.5 million urban and $2.5 million rural) four more
$1,000,000 rural federal-aid projects could be funded every year with this
legislation. Mr. VanTassel said that the local highway system is adding
about 400 miles a year, and we need to maintain these roads in good
fashion otherwise they deteriorate and have to be rebuilt which is really
expensive.



A questions was asked about how many new titles are issued in a year.
Mr. Morris Detmar, ITD Division of Motor Vehicles, said about 580,000 a
year.



It was also asked if these funds were used for matching federal dollars,
would it still be expected that you meet federal requirements. Mr.
VanTassel said yes.



Mr. Stuart Davis, Executive Director Idaho Association of Highway
Districts, said they support the concept of this bill.

MOTION: Rep. Smith made a motion to send H655 to the floor with a do pass
recommendation.



Mayor Nancy Merril, City of Eagle, on behalf of the Association of Idaho
Cities, spoke in support of this bill.



Ms. Jane Gorsuch, Intermountain Forest Association, spoke in support of
this bill.



Chairman Wood stated that there is a motion on the table to send H655 to
the floor with a do pass recommendation.



Motion approved. Rep. McKague voted Nay.

H654 Rep. Smith, presented H654. He stated that this legislation basically
distinguishes Ada County Highway District from all other highway districts.
Present law requires 10% or more of the qualified electors in the
proposed district to petition the county commissioners for the
establishment of a single countywide highway district. This legislation
would provide for 10% or more of the qualified electors in each of the
commissioner’s subdistricts to petition the county commissioners for
dissolution of the single countywide highway district, and provides for the
election to be held at the next general election following the hearing.



The Voters of Ada County formed the Ada County Highway District
(ACHD) in a special election held in 1971. ACHD manages approximately
1900 miles of road and encompasses the cities of Boise, Eagle, Garden
City, Kuna, Meridian and Star.



There was a question asked–if 10% in each subdistrict is needed and one
of the subdistricts has 80% but the other two only have 7% would this still
cause an election. Rep. Smith said it requires 10% in each subdistrict.



It was asked if on Line 15 of the bill would there be an objection of
changing “qualified electors” to “those who voted in the last election”. Mr.
John Franden
, Chairman ACHD Commissioners, said they would like
them to stand as written. He said that they are concerned with the small
limitation which puts dissolution in motion. He said this takes away from
the focus of the highway district, and he feels they need stability. Mr.
Franden also said they feel if it takes 10% to put together a highway
district it should take at least that to dissolve it.



In response to how many times there has been a petition for a hearing.
Mr. Franden said only once. A comment was made that it seemed before
the petition ACHD was harder to work with but after they seemed to be
more interested in what was happening; so it would seem that the petition
with only 25 signatures got the required results. Mr. Franden said that
they now have a public comment time at every meeting, they have a
citizens advisory committee, and an impact fee advisory committee.



Mr. Stuart Davis, Executive Director Idaho Association of Highway
Districts, spoke in favor of the bill.



Mayor Nancy Merril, City of Eagle, spoke in favor of the bill.



Mr. Rod Beck, a Ada County Citizen, spoke against the bill.



A recurring concern by some on the committee was that this legislation
would take the decision making from the county commissioners. With the
bill that is now in place the 25 signatures are merely asking for a hearing.
This bill would force an election and the expense that it would incur. Rep.
Smith said this legislation gives citizens more rights as it can compel an
election.

MOTION: Rep. Ridinger made a motion to send H654 to the floor with a do pass
recommendation.



Rep. Skippen spoke in favor of the motion saying that anyone can ask the
county commissioners for a hearing and if someone in Ada County is
unhappy they can recall their commissioners.



Rep. Cuddy spoke in favor of the motion saying that a recall is a better
solution than dissolution.

SUBSTITUTE
MOTION:
Rep. Roberts made a substitute motion that H654 be held in committee.



Rep. Bedke spoke in favor of the substitute motion. He said he would
support a bill that keeps the county commissioners in the loop; he felt that
25 is a low threshold but 10% in each of the three subdistricts was to
high.



Rep. Cannon spoke against the substitute motion. He stated that ACHD
and the commissioners are asking for help. The bar needs to be high for
dissolution, and in the end the public gets to decide.



Rep. Nonini spoke against the substitute motion. He said that if it takes
10% to establish he didn’t see a problem with 10% to dissolve.



Rep. Douglas spoke against the substitute motion. She said if this
happened once she would want assurances that it wouldn’t happen again.



Rep. Cuddy spoke against the substitute motion.



Rep. Ridinger spoke against the substitute motion.



A roll call vote was called for on the substitute motion to hold H654 in
committee.



6 Aye – Representatives McKague, Roberts, Bedke, Bauer, Wills, and
Wood.



8 Nay – Representatives Ridinger, Nonini, Smith, Cannon, Skippen,
Cuddy, Shepherd, and Douglas.



Motion failed.






A voice vote was then taken on the motion to send H654 to the floor with
a do pass recommendation.



Motion approved.




ADJOURN:


There being no further business to come before the committee Chairman
Wood adjourned the meeting at 4:03 p.m.






DATE: February 24, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills,
Cuddy, Douglas
ABSENT/

EXCUSED:

Representative Shepherd
GUESTS: See attached sign in sheet and presenters highlighted below
Chairman Wood called the meeting to order at 3 p.m.
MOTION: Rep. Bedke made a motion to accept the minutes of February 18, 2004,
as written.



Motion approved

Mr. Dave Carlson, Director of Public and Governmental Affairs Idaho
AAA, presented a perspective on transportation issues. Mr. Carlson said
that AAA has 46 million members in the U.S. and Canada, and they are
represented by 100,000 members with two clubs in Idaho. AAA was
incorporated in Idaho in 1920 and their priority is public service. Mr.
Carlson talked about AAA’s Legislative role. He said they do not have a
political action committee (PAC), do not make financial contributions to
political candidates, or work on behalf of any political party or candidate.
AAA frames its issues on Mobility and Safety. In 1997 AAA launched its
teen licensing campaign and at the time only eight states had graduated
licensing laws. Today 48 states and the District of Columbia have some
form of graduated driver licensing laws for novice teen drivers.



AAA has identified Traffic Crashes as Public Enemy Number 1 because
traffic crashes are the leading cause of death for US citizens up to age 34
taking 43,000 lives per year. Mr. Carlson said that they have set priorities
to get to a target zero goal of no accidents. He said that if everyone
would buckle up 75 lives a year could be saved in Idaho and
approximately 9,000 nationally. He talked about AutoMobility which is the
ability, capacity or quality to use our vehicles without unnecessary or
punitive restrictions. Mr. Carlson also gave a brief overview of AAA’s
strengths, weaknesses, opportunities, and threats.



Mr. Carlson also talked about AAA’s State of the States Report which is a
list of hot button issues gathered from throughout the country. These
issues are likely to be considered at state legislatures in 2004. These
include budget woes for transportation at the federal and state levels.
Other hot button issues mentioned in the report are distracted driving,
licensed to learn teen drivers, senior mobility, alcohol laws,
aggressive/reckless driving, and child safety restraints.



In conclusion, Mr. Carlson said that AAA is a resource on all things
transportation, it offers a perspective drawn from 100 years and 46 million
member motorists, and it brings a consumer perspective on issues
important to Idahoans.

SJM107 Senator Bailey, presented SJM107. This legislation requests that the
Congress of the United States preserve access to and the historic use of
backcountry airstrips by introducing into Congress legislation which will
preserve backcountry landing strips on currently-owned federal lands and
any future federal acquisitions of lands. Further to ensure the greatest
amount of public access to public recreational lands and designate as
“public use” all nonmilitary aircraft landing areas located on federally-managed lands. It is also strongly urged to limit the ability of the federal
government to place use limits or require special use permits for using
any backcountry airstrip.
MOTION: Rep. Wills made a motion to send SJM107 to the floor with a do pass
recommendation.



Motion approved



Rep. Roberts will carry the bill on the floor.

ADJOURN: There being no other business to come before the committee, Chairman
Wood adjourned the meeting at 3:40 p.m.






DATE: February 26, 2004
TIME: 2:10 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills,
Cuddy, Shepherd, Douglas
ABSENT/

EXCUSED:

None
GUESTS: See attached sign in sheet and presenters highlighted below.
Chairman Wood called the meeting to order at 2:10 p.m.
MOTION: Rep. Cuddy made a motion to accept the minutes of February 24, 2004,
as written.



Motion approved.

H752 Rep. McGeachin presented H752. The purpose of this legislation is to
exempt certain military personnel from licensure if they have been
licensed by the military to operate an official motor vehicle in the military
service. This legislation would provide that military personnel as
enumerated in section 49-302(11), Idaho Code, with a valid military
license need not take the examination and skills tests for a class A
driver’s license.



Rep. McGeachin said that there is a typo in the bill and the Class A
should be Class D. She said she has amendments to correct this error.



Rep. McGeachin stated that this bill came about because of an number of
incidents where military personnel have been on active duty and when
they returned home they found that their Idaho drivers license had expired
and they needed to take the driving and written test and pay for a new
license. This bill would allow Idaho to recognize a military driver’s license
as long as the military license is current.



Mr. Russ Mathews, spoke in favor of the bill and read a letter from the
father of one of the people effected by this law asking for help in
correcting this inequity.



Responding to a question regarding the military license replacing a valid
Idaho drivers, Mr. Morris Detmar, ITD Division of Motor Vehicles , stated
that generally speaking the military does issue a military card, but in
addition military personnel are to carry their state license.






The biggest concern of the committee was that someone could drive
military equipment on a base and then come back home and get a license
either never having had a state license to begin with or maybe it had been
revoked.



Rep. McGeachin said that in order to get a military license the person
would have to have a valid state license.

MOTION: Rep. Skippen made a motion to hold H752 in time certain until Tuesday,
March 2, 2004.



It was stated that everyone agrees with the premise of this bill, but it
needs to be clarified that the person in question get the type of license
they had when they went into the military.



Rep. McGeachin said that she would work with Mr. Detmar and come
back on Tuesday with the new wording.



A voice vote was taken on the motion to hold in Time Certain H752 until
Tuesday, March 2.



Motion approved.

There was a question about the status of H655. Chairman Wood said she
would visit with the sponsors of the bill and let the committee know.
ADJOURN: There being no further business to come before the committee, Chairman
Wood adjourned the meeting at 3:05 p.m.






DATE: March 2, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills,
Cuddy, Shepherd, Douglas
ABSENT/

EXCUSED:

None
GUESTS: See attached sign in sheet and presenters highlighted below.
Chairman Wood called the meeting to order at 1:45 p.m.
MOTION: Rep. Bauer made a motion to accept the minutes of February 26, 2004,
as written.



Motion approved.

H752 Rep. McGeachin presented H752 with amendments. Rep. McGeachin
stated that these amendments have the changes that were brought about
by the questions from the committee at last weeks meeting. Mr. Morris
Detmar, Idaho Transportation Department helped draft the new language.
The language provides that the license shall be renewed upon application
in person without the requirement to take a knowledge or skills test if the
military personnel’s Idaho driver’s license expired while on active duty.
MOTION: Rep. Smith made a motion to send H752 to General Orders with
committee amendments attached. Seconded by Rep. Ridinger.



Motion approved.

S1267 S1267 amends Section 49-409, Idaho Code, by extending the protections
of the Idaho Militia Civil Relief Act to National Guard members who are
ordered to federal active service under Title 10, United States Code, for
duty other than for training lasting 30 days or more. Chairman Wood
stated that she had met with the Governor and Major General Kane and
because of the announced possible deployment of Idaho’s National
Guard there was a urgency to hear these bills and take action on them.
MOTION: Rep. Smith made a motion to send S1267 to the floor with a do pass
recommendation.



Motion approved.

S1268 S1268 amends Section 33-3719, Idaho Code, by extending the education
protections of the Militia Civil Relief Act to National Guard members who
are ordered to federal active service under Title 10, United States Code,
for duty other than for training lasting 30 days or more.
MOTION: Rep. Ridinger made a motion to send S1268 to the floor with a do pass
recommendation.



Motion approved.

S1266 Mr. John Norris, Idaho National Guard, presented S1266. This
legislation establishes the Bureau of Homeland Security in the Military
Division of the Office of the Governor. Under this proposal the Bureau of
Homeland Security supercedes and combines the functions of the Bureau
of Disaster Services and the Bureau of Hazardous Materials.



There was a question regarding this being part of the Patriot Act and if
this would effect funding from the federal government. Mr. Norris said
that they are different. Mr. Bevis, Col. Judge Advocate, Idaho National
Guard, said there would be no impact regarding the Patriot Act by passing
this legislation.

MOTION: Rep. Roberts made a motion to send S1266 to the floor with a do pass
recommendation.



There was a question of Mr. Norris if this legislation also needed an
emergency clause. He said that since it doesn’t deal with the soldiers
they felt it didn’t need an emergency clause.



Motion approved.

ADJOURN: There being no further business to come before the committee, Chairman
Wood adjourned the meeting at 2:03 p.m.






DATE: March 4, 2004
TIME: 2:45 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bauer, Cannon, Skippen, Wills, Cuddy,
Shepherd, Douglas
ABSENT/

EXCUSED:

Representative Bedke
GUESTS: See attached sign in sheet and presenters highlighted below
Chairman Wood called the meeting to order at 2:45 p.m.
MOTION: Rep. Wills made a motion to accept the minutes of March 2, 2004, as
written.



Motion approved.

S1273 Denise Brennan, Idaho Automobile Dealers Association, presented
S1273. The purpose of this legislation is to allow neighborhood electric
vehicles to be licensed and titled for operation on certain public roadways.
The definition of a neighborhood electric vehicle is a four-wheeled vehicle
with an attainable speed of not greater than 25 mph. These vehicles
comply with the federal safety standards established in 49 C.F.R.
571.500. These low-speed vehicles may be operated only on streets
where the posted speed limit is 35 mph or less. They must be equipped
with: head lamps, stop lamps, turn signals, tail lamps, reflex reflectors,
parking brakes, rearview mirrors, windshield wipers, speedometer,
odometer, braking for each wheel, seat belts, and vehicle identification
numbers. They must be registered and display a license plate, and any
person operating a low-speed vehicle must carry a valid drivers license.
The annual registration fee for such vehicles is the same as for other
passenger vehicles in Idaho.



It was asked if these vehicles would need to display a slow moving
vehicle sign. Ms. Brennan said no. It was also asked if they would need
to carry insurance and Ms. Brennan said yes.



It was felt by many on the committee that driving these vehicles at 25 mph
on the roads where the posted speed limit is 35 mph (and some vehicles
travel at speeds as high as 40 to 45 mph) could be very dangerous. Ms.
Brennan stated that these are designed for residential use. It was pointed
out that many residential area speed limits are 35 mph.



David Hambleton, a police officer with the Boise Police Department,
spoke against the bill. It was asked if this bill were to become law would
that obligate all cities to abide by this law. Sgt. Hambleton said yes.



Jim Tibbs, Boise Chief of Police, spoke against the bill. He said that their
objection is strictly from a safety stand point. It was asked if they would
have a different opinion if the bill would allow cities to make the
determination of whether to allow these vehicles or not. Chief Tibbs said
that he still sees a danger. He said anytime you have full sized vehicles
driving with smaller, slower vehicles there is a risk.

MOTION: Rep. Wills made a motion to hold S1273 in committee.



Motion approved.

S1274 Ed Pemble, Driver Services Manager for Idaho Transportation
Department, presented S1274. Mr. Pemble said that this is a clean up bill
to clarify several sections of Idaho Code that applies to driver’s license
requirements, suspensions, disqualifications, and revocations. It would
require sheriffs to provide written notification of sex offender registration
requirements to out-of-state applicants for identification cards, and
authorize licensed physicians assistants and licensed advanced-practice
nurses to certify permanent disability for driver’s licenses purposes.



A question was asked who are the people other than physicians. Mr.
Pemble said it gives a list and clarifies what they are to do. He said they
are not making specific diagnosis but are able to make a distinction that
these people have difficulty walking more than 200 feet.



Regarding of suspension of drivers licenses it was asked if this includes
tribal courts. Mr. Pemble said that it could, but they have not received any
from tribal courts.

MOTION: Rep. Cannon made a motion to send S1274 to the floor with a do pass
recommendation.



Motion approved.



Rep. Cuddy asked to be recorded as voting Nay.



Rep. Cannon will carry the bill on the floor.

S1224 Rep. Douglas presented S1224. This legislation establishes an Idaho
veteran motorcycle license plate program to allow veterans with
motorcycles to express their esprit de corps and assist in the funding of
maintenance and operation for the Veteran Cemetery. There are
approximately 140,000 veterans in the state of Idaho. There would be an
initial fee of $25 and a $15 renewal fee. $10 of each initial or renewal fee
goes to the state highway fund with $15 of the initial fee to the veterans
cemetery maintenance fund and $5 of the renewal fee. Rep. Douglas
said there is broad support from veterans.



Rep. Eskridge, co-sponsor of the bill, spoke in favor of the legislation. It
was asked if this was the first motorcycle vanity plate. Rep. Eskridge said
yes.



Sen. Bailey, co-sponsor, also spoke in favor of the bill. In response to a
question about requirements, Sen. Bailey said that this plate has to
qualify just as the regular license plates do.



Rep. Clark, spoke against the bill. He said this bill excludes a whole
bunch of people from obtaining the license plate, even wives of veterans
or mothers and fathers of veterans. He said it is not a good feeling when
you exclude someone. It was mentioned that there are POW plates and
legislator plates which exclude.



It was asked if the bill could be changed to include everyone. Rep.
Eskridge stated that a veteran is a veteran and that the plate indicates
you are a veteran.



Bob Finney, USMC retired and representing the VFW, spoke in favor of
the bill. He said they would not like to see the plate go to non-veterans.

MOTION: Rep. Skippen made a motion to send S1224 to the floor with a do pass
recommendation.



Rep. Cuddy spoke in support of the motion saying we need to honor
every veteran who wants a plate.



Rep. Wills spoke in support of the motion.

SUBSTITUTE
MOTION:
Rep. Roberts made a Substitute Motion to hold S1224 in committee.



Rep. Cannon spoke for the Substitute Motion. He said that the bill calls
the wife of a veteran less than a veteran.



A voice vote was called for on the Substitute Motion.



Motion failed.



A voice vote was then called for on the Motion to send S1224 to the floor
with a do pass recommendation.



Motion Approved.



Representatives Roberts, Smith, Kellogg, Cannon and Wood asked to be
recorded as voting Nay.

ADJOURN: There being no further business to come before the committee the
meeting was adjourned at 4:02 p.m.






DATE: March 10, 2004
TIME: 3:00 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bauer, Cannon, Skippen, Cuddy,
Shepherd, Douglas
ABSENT/

EXCUSED:

Representatives Bedke and Wills.
GUESTS: See attached sign in sheet and presenters highlighted below.
Chairman Wood called the meeting to order at 3:07 p.m.
MOTION: Rep. Ridinger made a motion to accept the minutes of March 4, 2004, as
written.



Motion approved.

S1311 Mr. Rod McKnight, Transportation Supervisor for the Department of
Education, presented S1311. This legislation is to create the Pupil
Transportation Support Program Fund and to establish the Idaho School
Transportation Safety Awareness License Plate Program. It would
promote school bus safety and awareness in Idaho and help defray costs
associated with Idaho’s oversight of the statewide pupil transportation
support program. In addition, it would improve accountability of pupil
transportation funds, ensure accurate, equitable and consistent reporting
mechanisms by all school districts, and would provide resources
necessary for appropriate oversight of Idaho’s pupil transportation support
program. Mr. McKnight stated that nationally approximately 800 school-aged children are killed annually in motor vehicle crashes during normal
school travel hours. Of these 800 deaths about 20 or 2 percent (5 school
bus passengers and 15 pedestrians) are school bus-related. The other
98 percent of the school-aged deaths occur in other motor vehicles or to
pedestrians, bicyclists, or motorcyclists. Mr. McKnight said that they hope
to raise awareness to the motoring public.



There will be a charge of $35 for the initial issuance of these plates and
$25 upon each succeeding annual registration. $10 of the initial fee and
$10 of the renewal fee shall be deposited in the state highway account
and shall be used to fund the cost of administration of this special license
plate program. $25 of the initial fee and $15 of each renewal fee shall be
transferred by the state treasurer to the pupil transportation support
program fund created in section 33-1513, Idaho Code, and shall be used
for educational programs promoting school transportation safety and
awareness.



A question was asked if each school bus would be required to buy one of
these plates. Mr. McKnight said no.

MOTION: Rep. Smith made a Motion to hold S1311 in committee.
SUBSTITUTE
MOTION:
Rep. Ridinger made a Substitute Motion to send S1311 to the floor with a
do pass recommendation.



A roll call vote was requested on the Substitute Motion.



Voting Aye: Representatives Ridinger, Kellogg, Bauer, Cannon, Skippen,
Cuddy, Shepherd and Douglas.



Voting Nay: Representatives Roberts, Smith, McKague, and Wood.



Motion approved.

SJM109 Mr. Roy Eiguren, attorney with Givens Pursley and representing Valley
Ride, presented SJM109. Mr. Eiguren said that Idaho has a small amount
of funding for public transit at about $92 million and this comes from six
different funding sources. In this memorial they are asking Congress as it
completes highway and transit preauthorization legislation that it should
extend the concept of the federal lands upward match adjustment into
additional areas in the transit program and ensure that such match
adjustments take into account all forms of federal lands to the same
extent as is done under the highway program. They would like to see the
same sliding scale as for highways and bridges which is a 93%-7%
formula.



It was asked if this would hurt the portion allocated to highways and
bridges. Mr. Eiguren said they believe it would not.

MOTION: Rep. Smith made a motion to send SJM109 to the floor with a do pass
recommendation.



In the discussion that followed the motion, Chairman Wood said it worries
her that this asks for the same sliding scale as highways and bridges. Mr.
Eiguren stated that Idaho has a small population base and a huge land
mass that is federally owned which cannot be taxed or developed by the
state thereby reducing the ability of the state to raise additional tax
revenues.



It was asked how much revenue is taken in each year by fares. Mr.
Eiguren said about 4.2 million which includes local funds from cities and
counties and the fare riders. He also stated that Idaho is one out of six
states that does not provide some type of state funding for public transit.



A voice vote was taken on the motion to send SJM109 to the floor with a
do pass recommendation.



Motion approved.



Representative Roberts, McKague, and Wood asked to be recorded as
voting Nay.

S1275 Mr. Ed Pemble, Drivers Services Manager, Idaho Transportation
Department, presented S1275. This legislation will revise requirements
for commercial driver licenses and transporters of hazardous materials
requiring a hazardous material (hazmat) endorsement, bringing Idaho
Law into compliance with the new federal requirements of 49 Code of
Federal Regulations Part 383, and implementing Sec. 1012 of the “USA
PATRIOT Act”. Mr. Pemble stated that failure to comply will result in the
withholding and loss of federal-aid highway funds. There would be a 5%
loss of funding for the first year of non-compliance ($6.6 million) and a
10% loss of funding for each subsequent year thereafter ($13.2 million).



This legislation prohibits issuing, renewing, transferring, or upgrading a
commercial driver’s license with a hazardous materials endorsement
unless the U.S. Department of Justice has first conducted a background
records check of the applicant, and the Transportation Security
Administration has determined that the applicant does not pose a security
risk warranting denial of the hazardous materials endorsement. An
applicant for a hazardous materials endorsement must be a U.S. Citizen
or be an alien classified as a lawful permanent resident of the U.S. with a
valid Bureau of Citizenship and Immigration Services alien registration
number.



In the fiscal impact it shows a $50 fee to the applicant. It was asked if this
is in Idaho Code. Mr. Pemble stated no that these are estimated fees for
finger printing and background checks and would be completed through
the FBI. Mr. Pemble also stated that the federal rules would be released
shortly, and all they have now are estimates. In response to a question of
timing to get these checks, Mr. Pemble stated that the federal requirement
is to notify the driver within 180 days of his CDL license expiring. Mr.
Pemble said that the feds believe they can do checks within 90 days. It
was also asked what kind of proof was needed when applying for a CDL
license. Mr. Pemble said a birth certificate.



One of the concerns of the committee was whether a truck from Canada
or Mexico, which was hauling hazardous material into the U.S., would
have to meet these requirements or would they be exempt. Mr. Morris
Detmar
, Idaho Transportation Department, stated that they don’t know
what is going to happen at the borders, but they would be dealt with at the
check points.



Mr. Pemble was asked when this Federal mandate would take effect. He
said that this legislative session will be the last chance to be in
compliance. He said that it is suppose to take effect in April, but they are
asking for an extension until December. If this legislation is passed it
would go into effect in July which would meet the deadline.



One of the concerns of the committee was that the Federal Government is
requiring that we have sanctions before they give us the requirements. It
was also felt that the federal government is passing this on to us without
looking at the total consequences.



It was also mentioned that if we don’t comply with this we could lose
$13.2 million in federal funding which is not a little amount of money.

MOTION: Rep. Smith made a motion to send S1275 to the floor with a do pass
recommendation.



Rep. Roberts said that he would support the motion with a smoking gun to
his head.



Rep. Ridinger spoke against the motion stating that he feels sometimes
we just need to say whoa to the federal government instead of just blindly
following.



Rep. McKague said she would vote against the motion in support of Idaho
commerce.



A voice vote was taken on the motion.



Motion approved.



Representatives Ridinger and McKague asked to be recorded as voting
Nay.

ADJOURN: Chairman Wood stated that the next meeting would be at the call of the
Chair.



The meeting was adjourned at 4:12 p.m.






DATE: March 16, 2004
TIME: 2:00 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills,
Cuddy, Shepherd, Douglas
ABSENT/

EXCUSED:

None
GUESTS: See attached sign in sheet and presenters highlighted below.
Chairman Wood called the meeting to order at 2:07 p.m.
MOTION: Rep. Skippen made a motion to accept the minutes of March 10, 2004, as
written.



Motion approved.

S1269a Mr. Russ Westerberg, presented S1269a. The purpose of this
legislation is to clarify existing law allowing local governments to use
currently available funding sources to acquire, construct, maintain and
operate intra-city rail systems. Mr. Westerberg said there is no known
opposition to this bill.



Senator Ingram, stated that this bill applies to Boise­it can’t go out of the
city limits. The bill would allow the installation of intra-city light rail
systems upon state highways when determined by the board to be in the
public interest.



It was pointed out that 50-322 of the bill already gives this authority. It was
wondered why legislation is needed when local areas can make the
decision now.



Mr. Bob Arney, concerned citizen, spoke in favor of the legislation.

MOTION: Rep. Cannon made a motion to sent S1269a to the floor with a do pass
recommendation.



In the discussion that followed it was asked if the regulatory board is
interested and asking for this authority. Senator Ingram said no, but this
is why they want to nudge them. It was then asked if there was any
reason why meetings couldn’t take place without passing this legislation
and what in the bill would bring about meetings. Senator Ingram stated
that people will not show up unless shown there is a process. Rep.
Ridinger stated that at some point the state is going to have to do
something about public transit and this bill just gives them a tool. Ms.
Julie Pipal
, Idaho Transportation Department, was asked if this oversight
group would get separate transportation funds out of the highway
account. Ms. Pipal answered that funds that come now to Ada County
Highway District, with most of that coming from transit funds and counties
share of fuel tax, could be used.



A voice vote was taken on the motion to send S1269a to the floor with a
do pass recommendation.



Motion approved



Representatives Bauer, Bedke, Roberts and McKague asked to be
recorded as voting Nay.



Rep. Ridinger will carry the bill on the floor.

S1287a Mr. Stuart Davis, Executive Director Idaho Association of Highway
Districts, presented S1287a. The purpose of this legislation is to amend
Idaho Code to provide additional powers and duties to highway district
commissioners by allowing the imposition of ordinance authority. This
new authority would allow highway district commissioners to better
regulate their highway systems.



Mr. Lynn Humphreys, Post Falls Highway District, spoke in favor of the
bill.



Mr. Dave Burgess, Twin Falls Highway District, spoke in favor of the bill.



Mr. Dave Wynkoop, Attorney for multiple Highway Districts, spoke in
favor of the bill.



Mr. Steve West, Lobbyist for Old Castle Materials, spoke against the bill.



Mr. Dennis Tanikuni, Lobbyist for Idaho Farm Bureau, spoke against the
bill.



Mr. Steve Ahrens, Lobbyist for Idaho Association of Commerce &
Industry spoke against the bill.



Mr. Davis stated that the problem now is that they can not get citations
written on resolutions. It was asked if they really feel that ordinance
authority will help with frost laws and bridges. He answered yes.

MOTION: Rep. Skippen made a motion to send S1287a to the floor with a do pass
recommendation.
SUBSTITUTE
MOTION:
Rep. Roberts made a substitute motion to hold S1287a in committee.



Rep. Roberts explained that if this bill passes you could start in one
jurisdiction and be legal and within a few miles go into another jurisdiction
and be illegal. He also feels this bill takes away the authority the county
commissioners setting what the standards would be. He also has
concerns about where the funds would be collected and how they would
be distributed.









A question about how ITD views this bill was asked of Ms. Julie Pipal,
Idaho Transportation Department, Ms. Pipal said that ITD chose not to
take a position.



Rep. Skippen, Rep. Smith and Rep. Cuddy spoke against the substitute
motion.



Rep. Cannon stated that he is on the fence.



Rep. Bedke, Rep. Ridinger, and Rep. Kellogg spoke in support of the
substitute motion.



A roll call vote was called for on the substitute motion to hold S1287a in
committee.



Aye: Ridinger, Kellogg, McKague, Roberts, Bedke, Bauer, Wills,
Shepherd, and Wood.



Nay: Smith, Cannon, Skippen, Cuddy, Douglas.



Motion approved. S1287a will be held in committee.

ADJOURN: With no further business to come before the committee, Chairman Wood
adjourned the meeting at 4:08 p.m.






DATE: March 18, 2004
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Representatives Kellogg, McKague, Roberts, Bedke,
Cannon, Skippen, Wills, Shepherd, Douglas
ABSENT/

EXCUSED:

Vice Chairman Ridinger, Smith(24), Bauer, Cuddy
GUESTS: None
Chairman Wood called the meeting to order at 1:37 p.m.
MOTION: Rep. Bedke made a motion to accept the minutes of March 16, 2004, as
written.



Motion approved.

Chairman Wood thanked the committee for all their hard work this year.
She also thanked the secretary and page.
ADJOURN: Their being no further business the committee did sine die at 1:42 p.m.