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S1412.....................................................by TRANSPORTATION
STATE HIGHWAY ACCOUNT - ROAD REPAIR - Amends existing law to remove the
time limit for expenditure of moneys, transferred to the State Highway
Account from other sources, which is to be used for the state and local
match for federal funds to repair roads and bridges damaged by natural
disasters, including the flooding of 1996 and 1997.
02/06 Senate intro - 1st rdg - to printing
02/09 Rpt prt - to Transp
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 35-0-0
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--None
Floor Sponsor - Danielson
Title apvd - to House
02/25 House intro - 1st rdg - to Transp
03/13 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 67-0-3
AYES -- 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, Hadley, 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 -- Alltus, Gould, Hansen,
Floor Sponsor - 67-0-3
Title apvd - to Senate
03/18 To enrol
03/19 Rpt enrol - Pres signed - Sp signed
03/20 To Governor
03/20 Governor signed
Session Law Chapter 181
Effective: 12/31/97
S1412|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1412 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO THE STATE HIGHWAY ACCOUNT; AMENDING SECTION 40-701A, IDAHO CODE, 3 TO CLARIFY THAT MONEYS TRANSFERRED TO THE STATE HIGHWAY ACCOUNT FROM THE 4 RESTRICTED HIGHWAY FUND SHALL BE USED FOR THE STATE AND LOCAL MATCH TO 5 REPAIR AND RESTORE ROADS DAMAGED BY THE NATURAL DISASTERS OF 1996 AND 6 1997, AS DEFINED BY FEDERAL REGULATION; AMENDING SECTION 41-4909A, IDAHO 7 CODE, TO COMBINE ALL MONEYS TRANSFERRED TO THE STATE HIGHWAY ACCOUNT FROM 8 THE IDAHO PETROLEUM CLEAN WATER TRUST FUND SUSPENSE ACCOUNT THAT WILL BE 9 USED FOR THE STATE AND LOCAL MATCH TO REPAIR ROADS DAMAGED BY NATURAL 10 DISASTERS OCCURRING IN 1997, TO MERGE THE LIST OF ALL COUNTIES SO AFFECTED 11 AND TO DELETE THE TIME RESTRICTION ON USE OF THE MONEYS; DECLARING AN 12 EMERGENCY AND PROVIDING A RETROACTIVE EFFECTIVE DATE. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 40-701A, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 40-701A. RESTRICTED HIGHWAY FUND. (1) In order to insure that authorized 17 increases in highway user taxes and fees are expended exclusively on the con- 18 struction and maintenance of highways, bridges and railroad crossings, there 19 is established in the state treasury the "Restricted Highway, Bridge and Rail- 20 road Crossing Maintenance, Repair and Construction Fund" hereafter referred to 21 as the restricted highway fund, to which shall be credited: 22 (a) Moneys as provided by sections 49-402(1) and 40-701(2)(a), Idaho 23 Code; and 24 (b) All other moneys as may be provided by law; and 25 (c) Interest earned on the investment of idle moneys in the restricted 26 fund shall be paid to the restricted highway fund. 27 (2) Moneys in the fund shall be apportioned as follows: 28 (a) Beginning April 1, 1996, all moneys accruing to the fund in an amount 29 not to exceed six million dollars ($6,000,000) shall be transferred to the 30 state highway account to be administered by the Idaho transportation 31 department for use as the state and local match for federal highway admin- 32 istration (FHWA) and federal emergency management agency (FEMA) road and 33 bridge projects. Such moneys shall be used exclusively for repair and res- 34 toration of local and state roads damaged by the 1996 and by the 1997 35floodingnatural disasters as defined by federal law 36 and regulation under title 23, code of federal regulations, section 37 668.103(f), in the counties of Adams, Benewah, Boise, Bonner, 38 Boundary, Clearwater, Elmore, Gem, Idaho, Kootenai, Latah, Lewis, Nez 39 Perce, Owyhee, Payette, Shoshone, Valley and Washington. When apportion- 40 ment of moneys to the state highway account is sufficient to meet the pur- 41 poses for which the moneys are designated, but not exceeding six million 42 dollars ($6,000,000), no additional transfers shall be made as provided in 43 this subsection, and moneys accruing to the fund shall thereafter be 2 1 apportioned as provided in subsections (2)(b) and (2)(c) of this section. 2 Any unused moneys transferred to the state highway account under the pro- 3 visions of this subsection shall be returned to the restricted highway 4 fund. 5 (b) Fifty percent (50%) to the state highway account; and 6 (c) Fifty percent (50%) to local highway jurisdictions in accordance with 7 the provisions of section 40-709, Idaho Code. 8 (3) Subsequent to apportionment of moneys as required in subsection 9 (2)(a) of this section, the state controller shall remit moneys apportioned to 10 the state highway account, and shall cause the remittance of moneys appor- 11 tioned to the local highway jurisdictions not later than January 25, April 25, 12 July 25 and October 25 of each year. 13 (4) Moneys apportioned from the fund as provided in subsections (2)(b) 14 and (2)(c) of this section shall be used exclusively for the construction, 15 repair and maintenance of the roads, highways, bridges and railroad crossings 16 within the state. 17 (5) On or before February 1 of each year, the Idaho transportation 18 department and the local highway technical assistance council shall each sub- 19 mit a report to both the senate transportation committee and the house trans- 20 portation and defense committee of the Idaho legislature, which provides a 21 detailed accounting of the moneys apportioned, the projects for which moneys 22 from the fund were expended, and the effect such expenditures have had on 23 addressing the backlog of highway, bridge and railroad crossing needs. 24 SECTION 2. That Section 41-4909A, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 41-4909A. APPORTIONMENT OF MONEYS TRANSFERRED TO THE STATE HIGHWAY 27 ACCOUNT FROM THE IDAHO PETROLEUM CLEAN WATER TRUST FUND SUSPENSE ACCOUNT ON 28 APRIL 1, 1997.(1)Of the moneys transferred to the state highway 29 account pursuant to the distribution in section 41-4909(4)(c)(i), Idaho Code, 30 an amount not to exceedthreesix million dollars 31 ($36 ,000,000) shall be administered by the Idaho 32 transportation department for use as the state and local match for federal 33 highway administration (FHWA) and federal emergency management agency (FEMA) 34 road and bridge projects. Such moneys shall be used exclusively for repair and 35 restoration of local and state roads and bridges damaged by the 199736floodingnatural disasters in the counties of Adams, Bene- 37 wah, Bingham, Boise, Bonner, Bonneville, Boundary, 38 Butte, Clearwater, Custer, Elmore, Fremont, 39 Gem, Idaho, Jefferson, Kootenai, Latah, Madison, 40 Nez Perce, Owyhee, Payette, Shoshone, Valley and Washington. When 41 apportionment of moneys under thissubsection is sufficient to 42 meet the purposes for which the moneys are designated, but not to exceed43threesix million dollars ($36 44 ,000,000), any remaining amounts shall be returned to the restricted 45 highway fund established in section 40-701A, Idaho Code. 46(2) As extensive and severe flooding has occurred in the state in47both fiscal years 1996 and 1997 and a high potential exists for additional48flooding to occur due to the heavy snow pack levels accumulated in 1997, an49amount not to exceed three million dollars ($3,000,000) shall be administered50by the Idaho transportation department for use as the state and local match51for federal highway administration (FHWA) and federal emergency management52agency (FEMA) road and bridge projects. Such moneys shall be used exclusively53for repair and restoration of any local and state roads and bridges damaged by3 1any flooding in the state. When apportionment of moneys under this subsection2is sufficient to meet the purposes for which the moneys are designated, but3not to exceed three million dollars ($3,000,000), any remaining amounts, or4any amounts remaining after January 1, 1998, shall be returned to the5restricted highway fund established in section 40-701A, Idaho Code.6 SECTION 3. An emergency existing therefor, which emergency is hereby 7 declared to exist, this act shall be in full force and effect on and after its 8 passage and approval, and retroactively to December 31, 1997.
REPRINT (At request of Transportation Dept.) REPRINT
STATEMENT OF PURPOSE
RS07801
Under Section 41-4909A (2), Idaho Code, the 1997 Idaho
Legislature authorized the transfer of $3,000,000 from the
Restricted Highway Fund to the State Highway Account as a
contingency fund for potential flooding in 1997. Minor
corrections are necessary to fulfill the intent of that
Legislation. This money came from a portion of Petroleum
Clean Water Trust Fund moneys diverted to the State Highway
Fund. The legislation included an automatic pay-back
provision of January 1, 1998, assuming no floods occurred
and the money was not used. Floods did occur in eastern
Idaho in May of 1997 and the $3 million was needed to match
federal-aid. Repair work is on-going and expected to last
at least two more construction seasons.
Senate Bill 1412 changes the word "flooding" to "natural
disaster", as defined in 668.103(f), Code of Federal
regulations, so that the associated mud slides and debris
flows, etc., are eligible for federal funding. It
incorporates the specific counties that were affected by
the eastern Idaho floods in May, 1997. The requirement to
distribute the unused portion of the money to the
Restricted Highway Fund at the completion of the repairs
has been retained. However, the automatic pay-back date of
January 1, 1998, is eliminated and an emergency clause has
been included, retroactive to December 31, 1997.
FIB S CAL NOTE
$3 Million, as authorized, will remain in the Restricted
Disaster Fund of the State Highway Account until such time
as damage repairs are completed. Any remainder will be
distributed to the Restricted Highway Fund where the
monies will be split equally between the State Highway
Account and Local Highway Jurisdictions. The Division of
Financial Management and the State Controller have been
informed of this proposed Legislation to avoid transfer of
funds on January 1, 1998, as currently set forth under
Section 41-4909A(2), Idaho Code.
Contact: Mary Detmar
Department of Transportation
Phone: 334-8801
STATEMENT OF PURPOSE/
FISCAL NOTE
Bill No. S1412
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