1998 Legislation
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SENATE BILL NO. 1412 – State Hwy Acct, road repair, floods

SENATE BILL NO. 1412

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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

Bill Text


S1412


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

                                      IN 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
35         flooding   natural 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 exceed  three   six    million  dollars
31    ($  3    6  ,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  1997  
36    flooding   natural 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 this  sub section is sufficient to
42    meet the purposes for which the moneys are designated, but not to exceed 
43    three     six    million  dollars  ($  3    6
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  in
47    both  fiscal  years  1996  and 1997 and a high potential exists for additional
48    flooding to occur due to the heavy snow pack levels accumulated  in  1997,  an
49    amount  not to exceed three million dollars ($3,000,000) shall be administered
50    by the Idaho transportation department for use as the state  and  local  match
51    for  federal  highway  administration  (FHWA) and federal emergency management
52    agency (FEMA) road and bridge projects. Such moneys shall be used  exclusively
53    for repair and restoration of any local and state roads and bridges damaged by


                                          3

 1    any  flooding in the state. When apportionment of moneys under this subsection
 2    is sufficient to meet the purposes for which the moneys  are  designated,  but
 3    not  to  exceed  three million dollars ($3,000,000), any remaining amounts, or
 4    any amounts remaining  after  January  1,  1998,  shall  be  returned  to  the
 5    restricted 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.

Statement of Purpose / Fiscal Impact


    





    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
    
    
    REPRINT