1998 Legislation
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HOUSE BILL NO. 646 – Public transportation fund created


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Daily Data Tracking History

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,
      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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 646


 1                                        AN ACT

 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:

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:


 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 ............ $ 8.00
15         10.50 
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


 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-


 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.


 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


 1    driving in the open range.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
    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 
    Name: Larry Falkner
    Agency: Idaho Transportation Dept, Div of Public Transportation
    Phone: 334-3281
    Statement of Purpose/Fiscal Impact                 H 646