1998 Legislation
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HOUSE BILL NO. 702 – Hwy systems, improved miles, certif

HOUSE BILL NO. 702

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Daily Data Tracking History



H0702.........................................by TRANSPORTATION AND DEFENSE
HIGHWAY SYSTEMS - Amends existing law to provide that the highway district
commissioners shall certify the number of improved miles in their highway
systems, to change the date of certification reports and to revise the
apportionment of funds in the highway distribution account to highway
districts and county road departments.

02/13    House intro - 1st rdg - to printing
02/16    Rpt prt - to Transp
02/25    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
03/02    3rd rdg - PASSED - 70-0-0
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
      Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
      Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck,
      Jaquet, Jones(9) Jones(22), Jones(20), Judd, Kellogg, Kempton,
      Kendell, Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley,
      McKague, Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy,
      Reynolds, Richman, Ridinger, Robison, Sali, Schaefer, Stevenson,
      Stoicheff, Stone, Stubbs, Taylor, Tilman, Tippets, Trail, Watson,
      Wheeler, Wood, Zimmermann, Mr. Speaker.
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Kempton
    Title apvd - to Senate
03/03    Senate intro - 1st rdg - to Transp

Bill Text


H0702


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

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 702

                         BY TRANSPORTATION AND DEFENSE COMMITTEE

 1                                        AN ACT
 2    RELATING TO HIGHWAYS; AMENDING SECTION 40-610, IDAHO  CODE,  TO  PROVIDE  THAT
 3        COMMISSIONERS  SHALL CERTIFY THE NUMBER OF IMPROVED MILES IN THEIR HIGHWAY
 4        SYSTEMS AND TO CHANGE THE DATE OF CERTIFICATION REPORTS; AMENDING  SECTION
 5        40-709,  IDAHO  CODE,  TO REVISE THE APPORTIONMENT OF FUNDS IN THE HIGHWAY
 6        DISTRIBUTION ACCOUNT TO HIGHWAY DISTRICTS AND COUNTY ROAD DEPARTMENTS  AND
 7        TO  MAKE  TECHNICAL CORRECTIONS; AND AMENDING SECTION 40-1316, IDAHO CODE,
 8        TO PROVIDE THAT ON OR BEFORE THE FIRST DAY OF NOVEMBER, EACH HIGHWAY  DIS-
 9        TRICT  SHALL  CERTIFY THE NUMBER OF MILES OF IMPROVED HIGHWAYS IN ITS SYS-
10        TEM.

11    Be It Enacted by the Legislature of the State of Idaho:

12        SECTION 1.  That Section 40-610, Idaho Code, be, and the  same  is  hereby
13    amended to read as follows:

14        40-610.  REPORT OF CONDITION OF HIGHWAYS -- FILING. On or before the first
15    day of November in each year, the commissioners shall  certify the number
16    of  improved  miles  in  their highway systems and  make a report of the
17    condition of the work, construction, maintenance and repair of all  the  high-
18    ways  within  the  county   system as of the first day of October ,
19    accompanied by a map or maps of them, together with any other facts  necessary
20    for  establishing generally the situation and condition of highways within the
21    county  systems . The report shall be made in  duplicate,  one  (1)
22    copy  to be filed in the office of the board and one (1) with the clerk of the
23    commissioners.

24        SECTION 2.  That Section 40-709, Idaho Code, be, and the  same  is  hereby
25    amended to read as follows:

26        40-709.  APPORTIONMENT OF FUNDS FROM HIGHWAY DISTRIBUTION ACCOUNT TO LOCAL
27    UNITS OF GOVERNMENT. Commencing July 1, 1994, and each fiscal year thereafter,
28    from  the  moneys  appropriated from the highway distribution account to local
29    units of government, the sum of two hundred fifty thousand dollars  ($250,000)
30    is  appropriated  to  the  local highway technical assistance council, and the
31    balance of the appropriation shall be distributed as follows:
32        (1)  Thirty  per cent    percent    (30%)  shall  be
33    apportioned  among  incorporated  and  specially chartered cities, in the same
34    proportion as the population of the incorporated or specially  chartered  city
35    bears  to  the total population of all the incorporated or specially chartered
36    cities as shown by the last regular or special federal census.
37        (2)  The remainder shall be apportioned:
38        (a)  Ten  per cent   percent  (10%) shall be divided
39        equally among all counties of the state.
40        (b)  Forty-five  per cent   percent  (45%) shall  be
41        divided  among the counties of the state in the proportion that the amount


                                          2

 1        collected from motor vehicle registrations in each county during the  last
 2        calendar  year bears to the total amount of those collections in all coun-
 3        ties in the state.
 4        (c)  Forty-five  per cent   percent  (45%) shall  be
 5        divided  among the counties of the state in the proportion that the number
 6        of miles of improved highways in the county highway system of each  county
 7        bears  to  the  total  number  of miles of improved highways in the county
 8        highway systems of all counties  in  the  state.  The  director    is
 9        directed to certify to   shall notify  the state control-
10        ler,  on or before January 1 of each year, the number of miles of improved
11        highways in each  county    highway  district  and  county
12        road  department,  as  reported  in  accordance  with  sections 40-610 and
13        40-1316, Idaho Code .
14        (3)  Moneys paid to counties with highway districts shall be further  dis-
15    tributed by the state as follows:
16        (a)  Ten  per cent   percent  (10%) shall be divided
17        equally  among  the  county, if the county maintains any highways, and the
18        highway districts;
19        (b)  Forty-five  per cent   percent  (45%) shall  be
20        divided  among  the  county, if the county maintains any highways, and the
21        highway districts of the county in the proportion  that  the  amount  col-
22        lected from motor vehicle registrations in each area designated during the
23        last  calendar  year bears to the total amount of those collections in the
24        entire county;
25        (c)  Forty-five  per cent   percent  (45%) shall  be
26        divided  among  the  county, if the county maintains any highways, and the
27        highway districts in the proportion that the number of miles  of  improved
28        highways  in the county and the highway districts bear to the total number
29        of miles of improved highways in the entire county highway system.
30        (4)  The state controller shall ascertain the sums set for the  apportion-
31    ment  and  remit  to the local governments their share of the amount computed.
32    The apportionment hereby made shall be remitted to the local  governments  not
33    later than January 25, April 25, July 25, and October 25 of each year.
34        (5)  Moneys  paid  to  incorporated or specially chartered cities shall be
35    expended by the governing bodies of those cities solely  in  the  construction
36    and  maintenance  of  highways  within  their corporate limits and to meet the
37    interest and sinking fund requirements for the  current  year  on  any  unpaid
38    bonds  issued  by  those  cities for highway and bridge purposes, or refunding
39    bonds issued to take up those bonds.
40        (6)  Each highway district receiving an  apportionment  from  the  highway
41    distribution  account  shall apportion those funds as follows: To the interest
42    and sinking fund of the district, an amount as may be necessary  to  meet  the
43    interest  and  sinking  fund  requirements  for  that year on any unpaid bonds
44    issued by that district, and any balance of those  funds  shall  be  used  for
45    highway  and bridge maintenance and construction. Each district may expend all
46    or any portion of the balance of those funds in the construction  and  mainte-
47    nance of state highways within the district.
48        (7)  No  part  of highway funds or any apportionment from it shall ever be
49    used for any purposes other than those provided in  this  section,  except  as
50    specifically  otherwise  provided. At the end of any fiscal year an unexpended
51    balance of highway funds shall be carried  forward  and  retained  and  subse-
52    quently applied to the maintenance and construction of highways or the payment
53    of bond interest and principal and sinking fund requirements.

54        SECTION  3.  That  Section 40-1316, Idaho Code, be, and the same is hereby


                                          3

 1    amended to read as follows:

 2        40-1316.  ANNUAL REPORT OF HIGHWAY DISTRICT. (1) On or  before  the  first
 3    day  of    January     November  in each year,  the
 4      each  highway district shall  certify  the  number  of
 5    miles of improved highways in its system and shall  make a report of the
 6    condition  of  the work, construction, maintenance and repair of all the high-
 7    ways within the district on the first day of October, accompanied by a map  of
 8    the  highways, together with other facts necessary for setting forth generally
 9    the situation and condition of the highways within the district.
10        (2)  Reports shall be made in triplicate. One (1) report shall be filed in
11    the office of the highway district, one (1) in the office of  the  board,  and
12    one (1) with the clerk of the commissioners.

Statement of Purpose / Fiscal Impact


    





                          STATEMENT OF PURPOSE
    
                                RS 07936
    
    This legislation relieves the Idaho Department of Transportation 
    from certifying the mileage of improved highways for counties and 
    highway districts. Under the proposed legislation, the county 
    commissioners or highway district commissioners shall submit to 
    the Director of the Department of Transportation the number of 
    improved miles in the local jurisdiction on or before the first 
    day of October.
    
                               FISCAL NOTE
    
    None to the General Fund Some savings may occur to ITD Since the 
    local units currently make the report, no fiscal impact to the 
    local jurisdictions.
    
    CONTACT: Ray Oliver 345-5176
             Stuart O. Davis 345-5176
    
    STATEMENT OF PURPOSE/ FISCAL NOTE
    
    H 702