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H0646.........................................by TRANSPORTATION AND DEFENSE
PUBLIC TRANSPORTATION FUND - Adds to and amends existing law to establish a
Public Transportation Fund and to assess a surcharge on motor vehicle
certificates of title for deposit to the Public Transportation Fund.
02/09 House intro - 1st rdg - to printing
02/10 Rpt prt - to Transp
02/27 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/03 3rd rdg - FAILED - 30-38-2
AYES -- Barraclough, Bieter, Bivens, Boe, Chase, Cuddy, Deal,
Ellsworth, Field(13), Gagner, Hansen, Henbest, Hornbeck, Jaquet,
Jones(22), Judd, Kellogg, Kempton, Marley, Meyer, Miller, Newcomb,
Pischner, Pomeroy, Richman, Ridinger, Stone, Trail, Watson,
Zimmermann
NAYS -- Alltus, Barrett, Bell, Black(15), Black(23), Bruneel,
Callister, Campbell, Clark, Crane, Crow, Denney, Field(20), Geddes,
Gould, Hadley, Jones(9), Jones(20), Kendell, Kjellander, Kunz, Lake,
Linford, Loertscher, Mader, McKague, Mortensen, Reynolds, Sali,
Schaefer, Stevenson, Stoicheff, Stubbs, Taylor, Tilman, Tippets,
Wheeler, Wood
Absent and excused -- Robison, Mr Speaker
Floor Sponsor - Bivens
Filed with the Chief Clerk
H0646|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 646 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC TRANSPORTATION; AMENDING CHAPTER 7, TITLE 40, IDAHO CODE, 3 BY THE ADDITION OF A NEW SECTION 40-718, IDAHO CODE, TO ESTABLISH THE PUB- 4 LIC TRANSPORTATION FUND AND TO PROVIDE FOR BUDGETING AND ALLOCATION OF 5 MONEYS APPROPRIATED FROM THE FUND; AND AMENDING SECTION 49-202, IDAHO 6 CODE, TO ASSESS A SURCHARGE ON THE FEE COLLECTED FOR ISSUANCE OF A MOTOR 7 VEHICLE TITLE AND TO PROVIDE FOR DEPOSIT OF THE SURCHARGE TO THE PUBLIC 8 TRANSPORTATION FUND AND TO MAKE TECHNICAL CORRECTIONS. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Chapter 7, Title 40, Idaho Code, be, and the same is 11 hereby amended by the addition thereto of a NEW SECTION , to be 12 known and designated as Section 40-718, Idaho Code, and to read as follows: 13 40-718. PUBLIC TRANSPORTATION FUND ESTABLISHED -- ANNUAL BUDGETS -- ALLO- 14 CATION OF APPROPRIATIONS. (1) There is hereby established in the state trea- 15 sury a fund to be known as the public transportation fund and shall include 16 all moneys received by the state from any source which are dedicated to public 17 transportation, not including federal funds, and shall include the interest 18 earned on investment of idle moneys in the fund. 19 (2) The department shall annually present to the board a budget proposal 20 for all funds the department recommends be expended from the fund, provided 21 however, that all funds shall be used for the sole purpose of implementing the 22 public transportation policy. 23 (3) The board shall allocate the state funds appropriated for public 24 transportation purposes as follows: 25 (a) At the board's discretion, not more than ten percent (10%) may be 26 retained by the department to defray the costs of administering public 27 transportation programs in the state including costs associated with 28 activities of the public transportation advisory council, the public 29 transportation advisory committees and the interagency working group as 30 established in section 40-514, Idaho Code; 31 (b) To develop and support programs at both the state and local level 32 that will increase efficiency through coordination of public transporta- 33 tion services in the six (6) department districts; and 34 (c) To match federal and local funds in a manner that increased invest- 35 ment is brought to public transportation projects and services in rural 36 and urban areas of the state. 37 (4) Public, private nonprofit and private for-profit public transporta- 38 tion providers are eligible to receive state funds. 39 (5) The sum of the funds allocated by subsection (3) of this section 40 shall not exceed the annual amount appropriated by the legislature. 41 SECTION 2. That Section 49-202, Idaho Code, be, and the same is hereby 42 amended to read as follows: 2 1 49-202. DUTIES OF DEPARTMENT. (1) All registration and driver's license 2 records in the office of the department shall be public records and open to 3 inspection by the public during normal business hours, except for those 4 records declared by law to be for the confidential use of the department, or 5 those records containing personal information subject to restrictions or con- 6 ditions regarding disclosure. If the department has contracted for a service 7 to be provided by another entity, an additional fee shall be charged by that 8 contractor whether the service is rendered during normal business hours, other 9 than normal business hours or on weekends. 10 (2) In addition to other fees required by law to be collected by the 11 department, the department shall collect the following: 12 (a) For certifying a copy of any record pertaining to any vehicle 13 license, any certificate of title, or any driver's license ......... $8.00 14 (b) For issuing every Idaho certificate of title ............ $8.001510.50 16 ($8.00 title fee and $2.50 surcharge for public transportation pur- 17 poses) 18 (c) For furnishing a duplicate copy of any Idaho certificate of title 19 .................................................................... $8.00 20 (d) For issuance or transfer of every certificate of title on a new or 21 used vehicle or other titled vehicle in an expedited manner (rush titles), 22 in addition to any other fee required by this section ............. $15.00 23 (e) For furnishing a replacement of any receipt of registration ... $3.00 24 (f) For answering inquiries as to registration or ownership of motor 25 vehicles or driver's license records, per vehicle registration, accident 26 report records, title or per driver's license record ............... $4.00 27 Additional contractor fee, not to exceed ........................... $4.00 28 (g) For services in furnishing copies of files of vehicle or other regis- 29 trations, vehicle titles, or driver's licenses per hour ........... $10.00 30 (h) Placing "stop" cards in vehicle registration or title files, each 31 ................................................................... $12.00 32 (i) For issuance of an assigned or replacement vehicle identification 33 number (VIN) .......................................................$10.00 34 (j) For a vehicle identification number (VIN) inspection whether con- 35 ducted by a city or county peace officer or any other peace officer or 36 designated agent of the state of Idaho, per inspection ............. $3.00 37 (k) For all replacement registration stickers, each ............... $1.00 38 (l) For issuing letters of temporary vehicle clearance to Idaho based 39 motor carriers .................................................... $10.00 40 (m) For all sample license plates, each .......................... $12.00 41 (n) For filing release of liability statements .................... $2.00 42 (3) The fees required in this section shall not apply when the service is 43 furnished to any federal, state, county or city peace officer when such ser- 44 vice is required in the performance of their duties as peace officers. 45 (4) The department may enter into agreements with private companies or 46 public entities to provide the services for which a fee is collected in sub- 47 section (2)(f) of this section. Such private contractor shall collect the fee 48 prescribed and remit the fee to the department. The contractor shall also col- 49 lect and retain the additional fee charged for his services. 50 (5) The department shall pay three dollars ($3.00) of the fee collected 51 by a county assessor or other agent of the department as provided in subsec- 52 tion (2)(a) through (f) of this section, to the county assessor of the county 53 or agent collecting such fee, which shall be deposited with the county trea- 54 surer and credited to the county current expense fund. The remainder of the 55 fees collected as provided in that subsection shall be paid by the department 3 1 to the state treasurer and placed in the state highway account. The sur- 2 charge collected under subsection (2)(b) of this section on the fee for a cer- 3 tificate of title shall be paid by the department to the state treasurer and 4 placed in the public transportation fund established in section 40-718, Idaho 5 Code. The fee collected under subsection (2)(j) of this section for a 6 VIN inspection shall be placed in the city general fund if conducted by a city 7 peace officer, in the county current expense fund if conducted by a county 8 peace officer, shall be retained by the special agent authorized to perform 9 the inspection, or paid to the state treasurer and placed to the credit of the 10 department of law enforcement if conducted by the Idaho state police division 11 or in the state highway account if conducted by the department. 12 (6) The department as often as practicable may provide to law enforcement 13 agencies the record of stolen and recovered motor vehicles and suspensions and 14 revocations of driver licenses via the Idaho law enforcement telecommunica- 15 tions system (ILETS). 16 (7) The department shall provide the forms prescribed in chapter 5 of 17 this title, shall receive and file in its office in Boise, Idaho, all instru- 18 ments required in chapter 5 of this title to be filed with the department, 19 shall prescribe a uniform method of numbering certificates of title, and main- 20 tain in the department indices for such certificates of title. All indices 21 shall be by motor or identification number and alphabetical by name of the 22 owner, and the department shall maintain two (2) separate files on each vehi- 23 cle, one, a motor or identification number file, the other a file by the name 24 of the owner. 25 (8) The department shall file each registration received under a distinc- 26 tive registration number assigned to the vehicle and to the owner thereof, 27 alphabetically under the name of the owner, and numerically and alphabetically 28 under the name of the vehicle. 29 (9) The department shall not renew a driver's license when fees required 30 by law have not been paid or where fees for past periods are due, owing and 31 unpaid including nonsufficient fund checks. 32 (10) The department shall not grant the registration of a vehicle when: 33 (a) The applicant is not entitled to registration under the provisions of 34 this title; or 35 (b) The applicant has neglected or refused to furnish the department with 36 the information required in the appropriate form or reasonable additional 37 information required by the department, or has failed to comply with the 38 provisions of section 49-436, Idaho Code, in past registration periods; or 39 (c) The fees required by law have not been paid, or where fees for past 40 registration periods are due, owing and unpaid including nonsufficient 41 fund checks. 42 (11) The department has the authority to request any person, based upon 43 evidence, to submit to medical, highway, or written examinations, to protect 44 the safety of the public upon the highways. 45 (12) The department shall revoke the registration of any vehicle: 46 (a) Which the department shall determine is unsafe or unfit to be oper- 47 ated or is not equipped as required by law; 48 (b) Whenever the person to whom the registration card or registration 49 plate has been issued shall make or permit to be made any unlawful use of 50 the same or permit their use by a person not entitled thereto; 51 (c) For any violation of vehicle registration requirements by the owner 52 or operator in the current or past registration periods; 53 (d) Whenever a motor carrier as defined in section 61-801, Idaho Code, 54 has his permit revoked for any cause except at the request of the permit 55 holder, as provided in section 61-808, Idaho Code, or whenever an inter- 4 1 state carrier has his registration revoked by reason of a revocation of 2 his interstate commerce commission operating authority; 3 (e) For nonpayment by the owner or operator of the vehicle of use fees 4 computed under sections 49-434 and 49-435, Idaho Code; 5 (f) For failure of the owner or operator to file the reports required or 6 nonpayment of fees assessed against the owner by the department pursuant 7 to audit under the provisions of section 49-436, Idaho Code; 8 (g) Identified by any city or county administering a program established 9 by ordinance for the inspection and readjustment of motor vehicles (which 10 program is part of an approved state implementation plan adopted by both 11 the state and federal governments under 42 USC section 7410) as having 12 failed to comply with an ordinance requiring motor vehicle emission 13 inspection and readjustment; provided that no vehicle shall be identified 14 to the department under this subsection (g) unless (i) the city or county 15 certifies to the department that the owner of the motor vehicle has been 16 given notice and had the opportunity for a hearing concerning compliance 17 with the ordinance and has exhausted all remedies and appeals from any 18 determination made at such hearing; and (ii) the city or county reimburses 19 the department for all direct costs associated with the registration revo- 20 cation procedure. 21 (13) The department shall not reregister or permit a vehicle to operate on 22 a special trip permit until all fees, penalties and interest have been paid. 23 (14) The department shall institute educational programs, demonstrations, 24 exhibits and displays. 25 (15) The department shall cancel a driver's license when fees required by 26 law have not been paid or where fees for past periods are due, owing and 27 unpaid including nonsufficient fund checks. 28 (16) The department shall examine persons and vehicles by written, oral 29 and physical tests without compulsion except as provided by law. 30 (17) The department shall employ expert and special help as needed in the 31 department. 32 (18) The department shall compile accident statistics and disseminate 33 information relating to those statistics. 34 (19) The department shall cooperate with the United States in the elimina- 35 tion of road hazards, whether of a physical, visual or mental character. 36 (20) The department shall place and maintain traffic-control devices, con- 37 forming to the board's manual and specifications, upon all state highways as 38 it shall deem necessary to indicate and to carry out the provisions of this 39 title or to regulate, warn, or guide traffic. No local authority shall place 40 or maintain any traffic-control device upon any highway under the jurisdiction 41 of the department except by the latter's permission, except where the duly 42 elected officials of an incorporated city have established speed limits lower 43 than those set by the department on the portion of state highways, excluding 44 controlled - access and interstate highways, that pass through res- 45 idential, urban or business districts within the jurisdiction of the incorpo- 46 rated city. The placement and maintenance of such a traffic control device by 47 a local authority shall be made according to the board's manual and specifica- 48 tions for a uniform system of traffic control devices. 49 (21) The department may conduct an investigation of any bridge or other 50 elevated structure constituting a part of a highway, and if it shall find that 51 the structure cannot with safety to itself withstand vehicles traveling at a 52 speed otherwise permissible under this title, shall determine and declare the 53 maximum speed of vehicles which the structure can safely withstand, and shall 54 cause or permit suitable signs stating the maximum speed to be erected and 55 maintained before each end of the structure. 5 1 (22) Whenever the department shall determine on the basis of an engineer- 2 ing and traffic investigation that slow speeds on any highway or part of a 3 highway impede the normal and reasonable movement of traffic, the department 4 may determine and declare a minimum speed limit below which no person shall 5 drive a vehicle except when necessary for safe operation or in compliance with 6 law, and that limit shall be effective when posted upon appropriate fixed or 7 variable signs, except in cases where the duly elected officials of an incor- 8 porated city have established speed limits lower than those set by the 9 department on portions of state highways, excluding controlled - 10 access and interstate highways, that pass through residential, urban or 11 business districts within the jurisdiction of the incorporated city. 12 (23) The department shall regulate or prohibit the use of any controlled- 13 access highway by any class or kind of traffic which is found to be incompati- 14 ble with the normal and safe movement of traffic. 15 (24) The department shall erect and maintain traffic-control devices on 16 controlled-access highways on which any prohibitions are applicable. 17 (25) Wherever a highway crosses one (1) or more railroads at 18 grade, the department or local authorities within their respective jurisdic- 19 tions shall place and maintain stop signs, directing vehicular traffic 20 approaching the crossing to come to a full stop prior to entering the crossing 21 at all railroad crossings where electric or mechanical warning signals do not 22 exist. Placement of these stop signs shall be mandatory except when in the 23 determination of public highway agencies the existence of stop signs at a 24 given crossing would constitute a greater hazard than their absence based on a 25 recognized engineering study. 26 Nothing in this subsection shall be construed as granting immunity to any 27 railroad company as to liability, if any, for an accident which might occur at 28 a crossing where stop signs are erected and in place, but liability, if any, 29 shall be determined as provided by law. Liability on the part of governmental 30 authorities on account of absence of any stop sign at a crossing shall be 31 determined as provided by law. 32 (26) The department and local authorities are authorized to determine 33 those portions of any highway under their respective jurisdictions where over- 34 taking and passing or driving on the left side of the roadway would be espe- 35 cially hazardous and may by appropriate signs or markings on the roadway indi- 36 cate the beginning and end of those zones and when signs or markings are in 37 place and clearly visible to an ordinarily observant person, every driver of 38 a vehicle shall obey those directions. 39 (27) The department and local authorities in their respective jurisdic- 40 tions may in their discretion issue special permits authorizing the operation 41 upon a highway of traction engines or tractors having movable tracks with 42 transverse corrugations upon the periphery of the movable tracks or farm trac- 43 tors or other farm machinery, the operation of which upon a highway would 44 otherwise be prohibited under this title or title 40, Idaho Code. 45 (28) The department and local highway authorities within their respective 46 jurisdictions may place official traffic-control devices prohibiting, limiting 47 or restricting the stopping, standing or parking of vehicles on any highway 48 where such stopping, standing or parking is dangerous to those using the 49 highway or where the stopping, standing or parking of vehicles unduly inter- 50 feres with the free movement of traffic thereon. 51 (29) On any informational material printed after July 1, 1995, by or at 52 the order of the department and distributed to counties, school districts or 53 individuals for the purpose of assisting a person to successfully pass a 54 driver's license test, the department shall include material about the state's 55 open range law and responsibilities, liabilities and obligations of drivers 6 1 driving in the open range.
STATEMENT OF PURPOSE
RS07624C1
The purpose of this legislation is to establish a public
transportation fund, and to provide for appropriation and
allocation of moneys from the fund. Specifically, the
legislation would: Establish a Public Transportation Fund.
Amend Section 40-202, Idaho Code, to assess a $2.50 "surcharge"
for public transportation on the fee collected for issuance
of a motor vehicle certificate of title. This "surcharge"
would be in addition to the current charge of $8.00. There
were approximately 460,000 titles issued in 1996 so the
surcharge would generate approximately $1,150,000 for
public transportation.
Require the Idaho Transportation Board to establish policy
regarding the allocation of state funds appropriated for
public transportation.
Allow the funds to be used to match federal and/or local
funds in such a manner that increased investment is brought
to public transportation projects and services in rural and
urban areas of the state.
Allow the use of state funds to develop and support programs
at the state and local level that will increase efficiency
through the coordination of public transportation services.
At the Idaho Transportation Board's discretion, up to ten
(10) percent of the funds could be retained by the
department to defray costs of administering public
transportation programs in the state including costs
associated with the Public Transportation Advisory Council,
the Public Transportation Advisory Committees, and the
Interagency Working Group as established by Section 40-514,
Idaho Code.
FISCAL IMPACT
This proposed legislation would generate approximately
$1,150,000 for public transportation. Cost to administer the
program will not exceed 10% of the amount collected through
the added "surcharge" to the motor vehicle certificate of
title.
CONTACT
Name: Larry Falkner
Agency: Idaho Transportation Dept, Div of Public Transportation
Phone: 334-3281
Statement of Purpose/Fiscal Impact H 646