1999 Legislation
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SENATE BILL NO. 1114 – Public transp, public policy

SENATE BILL NO. 1114

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S1114.....................................................by TRANSPORTATION
PUBLIC TRANSPORTATION - Amends and adds to existing law to provide a state
policy on public transportation and its implementation; and to define
"public transportation services."

02/05    Senate intro - 1st rdg - to printing
02/08    Rpt prt - to Transp

Bill Text


S1114


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1114

                               BY TRANSPORTATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO PUBLIC TRANSPORTATION POLICY; AMENDING SECTION 40-117, IDAHO CODE,
 3        TO PROVIDE A DEFINITION OF "PUBLIC TRANSPORTATION SERVICES"  AND  TO  MAKE
 4        TECHNICAL CORRECTIONS; AMENDING SECTION 40-514, IDAHO CODE, TO REQUIRE ALL
 5        ENTITIES  WHICH  USE  PUBLIC  FUNDS  FOR TRANSPORTATION SERVICES TO REPORT
 6        QUARTERLY TO THE IDAHO TRANSPORTATION DEPARTMENT, TO CLARIFY THE DUTIES OF
 7        THE DEPARTMENT REGARDING USE OF THE REPORTED INFORMATION, TO  EXPAND  MEM-
 8        BERSHIP  OF  THE  INTERAGENCY  WORKING GROUP, TO PROVIDE FOR AN ADDITIONAL
 9        MEMBER ON EACH REGIONAL ADVISORY COMMITTEE, TO FURTHER  SPECIFY  COMMITTEE
10        ORGANIZATION AND TO REQUIRE THE IDAHO TRANSPORTATION DEPARTMENT TO PROVIDE
11        ADMINISTRATIVE  SUPPORT  TO SPECIFIED PUBLIC TRANSPORTATION SERVICES ADVI-
12        SORY ENTITIES; AND AMENDING CHAPTER 5, TITLE 40, IDAHO CODE, BY THE  ADDI-
13        TION  OF  A  NEW  SECTION 40-515, IDAHO CODE, TO ESTABLISH AND IMPLEMENT A
14        STATE PUBLIC TRANSPORTATION POLICY.

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

16        SECTION 1.  That Section 40-117, Idaho Code, be, and the  same  is  hereby
17    amended to read as follows:

18        40-117.  DEFINITIONS -- P.
19        (1)  "Person"  includes  every natural person, firm, fiduciary, copartner-
20    ship, association, corporation, trustee, receiver or assignee for the  benefit
21    of creditors.
22        (2)  "Place." (See "Maintain," section 40-114, Idaho Code)
23        (3)  "Primary  system" or "primary highway" means any portion of the high-
24    ways of the state, as officially designated, or as may hereafter be so  desig-
25    nated,  by  the  Idaho  transportation board, and approved by the secretary of
26    transportation,  pursuant  to  the  provisions  of  title   23,   U.S.   Code,
27    "Highways ".  ." 
28        (4)  "Public  highway  agency"  means the state transportation department,
29    any city, county, highway district or other political subdivision of the state
30    with jurisdiction  over  public  highway  systems  and  public  rights  -
31    of - way.
32        (5)  "Public  highways" mean s  all highways open to public use
33    in the state, whether maintained by the state or by any county,  highway  dis-
34    trict,  city,  or  other  political subdivision. (Also see "Highways," section
35    40-109, Idaho Code)
36        (6)  "Public right - of - way" means a right  -
37    of  -  way open to the public and under the jurisdiction of a
38    public highway agency, where the public highway agency has  no  obligation  to
39    construct  or maintain said right - of - way for vehicu-
40    lar traffic.
41         (7)  "Public transportation  services"  means,  without  limitation,
42    fixed  transit  routes,  scheduled or unscheduled transit services provided by
43    motor vehicle, bus, rail, van, aerial tramway and other modes of  public  con-


                                          2

 1    veyance;  paratransit  service  for  the  elderly  and  disabled;  shuttle and
 2    commuter service between cities, counties, health care facilities,  employment
 3    centers, educational institutions or park-and-ride locations; subscription van
 4    and  car-pooling  services;  transportation  services unique to social service
 5    programs; and the management and administration thereof. 

 6        SECTION 2.  That Section 40-514, Idaho Code, be, and the  same  is  hereby
 7    amended to read as follows:

 8        40-514.  PUBLIC  TRANSPORTATION SERVICES -- PUBLIC TRANSPORTATION SERVICES
 9    ADVISORY COUNCIL CREATED -- INTERAGENCY  WORKING  GROUP  CREATED  --  REGIONAL
10    ADVISORY  COMMITTEES  CREATED. (1)  The department shall coordinate plan-
11    ning of public funds from all sources expended on public  transportation  ser-
12    vices  in Idaho, and a  A ll state agencies , except the
13    department of education,   and  all  public  and private
14     entities  that use public funds to provide  public  transportation
15    services  within  the  state    shall  annually  report 
16    quarterly  to the  department  the  amount  of  funding    expended
17    ,  personnel and   the number of passengers carried, the
18    agency   vehicles  directed   used and the vehicle miles
19    driven  to provide transportation for Idaho citizens.  Upon  receipt  of
20    such information, the department shall:
21        (a)  Develop   a  uniform  data  collection    and  reporting  
22        system ;   which includes funding, personnel and equipment
23        information on all state and other publicly-supported transportation  ser-
24        vices; 
25        (b)  In cooperation with other state agencies and public entities, develop
26        a comprehensive plan for public transportation;  and 
27        (c)  Provide  assistance to operators of local and regional transportation
28        systems that are consistent with public program objectives    of  the
29        state plan  ;
30        (d)  Maintain  a  state  commitment  to  improve public transportation for
31        presently served areas and unserved areas; and
32        (e)  Increase the efficiency and productivity of publicly-funded transpor-
33        tation services .
34        (2)  There is hereby created the public transportation  services  advisory
35    council to advise the Idaho transportation department.
36        The advisory council shall be composed of six (6) members appointed by the
37    Idaho transportation board. One (1) member shall be appointed from each of the
38    six  (6)  transportation  department director districts as provided in section
39    40-303, Idaho Code. The term of each member shall be six  (6)  years  and  the
40    initial appointments to the council shall be such that one (1) member shall be
41    appointed each year thereafter.  Each council member shall serve as an ex
42    officio  member  without  vote  on the regional advisory committee in his dis-
43    trict, as created in subsection (4) of this section. 
44        The number of council meetings per year shall not  exceed  the  number  of
45    meetings authorized by the board.
46        Members  of the advisory council shall be reimbursed according to the pro-
47    visions of section 59-509(g), Idaho Code.
48        (3)  The director of the Idaho transportation department together with the
49    directors of the affected state agencies  ,    shall  establish  an
50    interagency  working  group  to  advise and assist the department in analyzing
51    public transportation needs, identifying areas for coordination, and  develop-
52    ing strategies for eliminating procedural and regulatory barriers to coordina-
53    tion  at  the state level. The group shall undertake detailed work assignments


                                          3

 1    related to transportation services which promote cooperation and collaboration
 2    among systems.
 3        The working group shall be composed of one (1) staff  representative  from
 4    each  of  the  following agencies which expend public funds for transportation
 5    services:
 6        (a)  Idaho  office   commission  on aging;
 7        (b)  Idaho head start association;
 8        (c)  Idaho department of health and welfare;
 9        (d)  Idaho department of education;
10        (e)  Idaho transportation department  who  shall  serve  as  chairman
11        ;
12        (f)  Community transportation association;
13        (g)  Idaho council on developmental disabilities;  and 
14        (h)   Division of vocational rehabilitation;
15        (i)  Division of medicaid; and
16        (j)    Any  other  participating  agency   as determined by the
17        department .
18    Members of the working group  representing state agencies  shall be
19    reimbursed by their respective agencies according to the provisions of section
20    59-509(b), Idaho Code.
21        (4)  The transportation board shall appoint one (1) regional advisory com-
22    mittee within each of the six (6) transportation department director districts
23    as provided in section 40-303, Idaho Code. Each committee shall be composed of
24    not more than  four    five    (  4    5
25    )  members  who shall advise and assist the council members in planning,
26    resource identification, coordination and evaluation  of  regional  and  local
27    transportation  services.   In those districts where a metropolitan plan-
28    ning organization for an urbanized area of over fifty thousand (50,000)  popu-
29    lation  has  been  formed,  one  (1) member shall represent that organization.
30     The term of each regional advisory committee member  shall  not  exceed
31    three  (3)  years  and  members may be reappointed.  Each committee shall
32    elect a chairman annually from the voting members of the committee.  The
33    number of committee meetings per year for each of  the  committees  shall  not
34    exceed  the number authorized by the board. Members shall be reimbursed by the
35    department for travel and expenses according to the limits specified  in  sec-
36    tion 67-2008, Idaho Code.
37         (5)  The department shall provide administrative support as required
38    by  the  council, the interagency working group and the six (6) regional advi-
39    sory committees. 

40        SECTION 3.  That Chapter 5, Title 40, Idaho Code,  be,  and  the  same  is
41    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
42    known and designated as Section 40-515, Idaho Code, and to read as follows:

43        40-515.  PUBLIC TRANSPORTATION POLICY -- IMPLEMENTATION. (1)  It is hereby
44    recognized by the legislature of the state of Idaho that as the population and
45    economy of the state grow, the total need for transportation of goods and peo-
46    ple cannot be met solely with vehicles transporting only one (1) person;  that
47    resulting  motor  vehicle  congestion  and  air quality problems may adversely
48    affect health and safety; that there are a variety of persons who are elderly,
49    who live in rural areas or who otherwise require  public  transportation  ser-
50    vices  for  their  general  welfare; and that maintaining a prosperous economy
51    depends on efficient regional systems of private and publicly provided  trans-
52    portation  services. It is therefore declared to be the policy of the state of
53    Idaho to maintain a statewide commitment to improve public transportation  for


                                          4

 1    presently  served areas and unserved areas by using state funds in conjunction
 2    with federal and local funds to:
 3        (a)  Develop and support programs to promote cooperative  systems  between
 4        governmental  and  nongovernmental  entities  for regional coordination of
 5        public transportation services;
 6        (b)  Support public information programs and local  public  transportation
 7        planning  in  order  to promote awareness and use of public transportation
 8        services;
 9        (c)  Encourage the use of transportation alternatives to the use of  motor
10        vehicles  for  transporting  only  one  (1) occupant, in order to mitigate
11        motor vehicle congestion and to promote energy conservation goals and com-
12        pliance with clean air standards;
13        (d)  Provide support to public transportation providers to assist them  in
14        qualifying vehicle drivers for required licenses, establishing safety pro-
15        grams  and  purchasing  vehicles  that  comply  with  the standards of the
16        national clean air and Americans with disabilities acts;
17        (e)  Support and assist the efforts of local governments to form  regional
18        public transportation authorities as provided for in chapter 21, title 40,
19        Idaho Code;
20        (f)  Promote cooperative agreements between public and private transporta-
21        tion providers to minimize duplications in transportation services;
22        (g)  Foster  public/private partnerships for provision of public transpor-
23        tation projects and services permitted by federal and state law; and
24        (h)  Attain more efficiency in public transportation  programs  through  a
25        leadership  role  in the use and management of public transportation funds
26        in a manner consistent with the needs, health, safety and general  welfare
27        of the people of Idaho.
28        (2)  It  is the responsibility of the department, with the approval of the
29    board, to implement the policy as described in subsection (1) of this  section
30    and in so doing shall establish procedures regarding the management and use of
31    state  and  other  funds  that  come  under  the administrative control of the
32    department.

Statement of Purpose / Fiscal Impact


                        STATEMENT OF PURPOSE

                             RS08441Cl

This legislation provides the basis for a more comprehensive
public transportation policy for the state of Idaho.
Specifically, the legislation will:

    Amend Section 40-117, Idaho Code, to include a definition of
  public transportation services;
  
    Amend Section 40-514, Idaho Code, to correct language on
  appointment of members to the Public Transportation Advisory
  Council and Regional Public Transportation Advisory
  Committee based on Idaho Transportation Board
  representation, to expand the membership on the Interagency
  Working Group, to include representation of Metropolitan
  Planning Organizations on the Regional Public Transportation
  Advisory Committees and, to remove policy language that will
  be moved into a new section dealing with policy;
  
    Create Section 40-515, Idaho Code to outline a state policy
  to maintain a commitment to improve public transportation
  and to implement public transportation programs.
  
                           FISCAL IMPACT

Costs to the department for administration of the program are
included in current operations. The fiscal impact of the
proposed legislation would be limited to the increased costs
associated with travel expenses for the new members of the
Regional Public Transportation Committees. This cost would be
approximately $2500 annually.

CONTACT
Name: Larry Falkner
Agency: Idaho Transportation Department
Phone: 334-8281

Statement of Purpose/Fiscal Impact                            S1114