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H0002........................................................by MR. SPEAKER
Requested by Transportation
NATURAL DISASTERS - DAMAGES - Amends existing law to provide that moneys
transferred to the State Highway Account from the Restricted Highway Fund
and the Idaho Petroleum Clean Water Trust Fund Suspense Account to match
federal moneys for repair of damages from natural disasters shall apply to
additional counties and shall include damages occurring in 1996, 1997 and
1998.
01/11 House intro - 1st rdg - to printing
01/11 Rpt prt - to Transp
01/15 Rpt out - rec d/p - to 2nd rdg
01/18 2nd rdg - to 3rd rdg
01/19 3rd rdg - PASSED - 70-0-0
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
Limbaugh, Linford, Loertscher, Mader, Marley, McKague, Meyer,
Montgomery, Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger,
Ringo, Robison, Sali, Schaefer, Sellman, Smith, Stevenson, Stoicheff,
Stone, Taylor, Tilman, Tippets, (Miller)(Trail), Watson, Wheeler,
Williams, Wood, Zimmermann, Mr. Speaker.
NAYS -- None
Absent and excused -- None
Floor Sponsor - Cuddy
Title apvd - to Senate
01/20 Senate intro - 1st rdg - to Transp
03/12 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry
Floor Sponsor - Keough
Title apvd - to House
03/17 To enrol
03/18 Rpt enrol - Sp signed - Pres signed
03/19 To Governor
03/23 Governor signed
Session Law Chapter 194
Effective: 07/01/99
H0002|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 2 BY MR. SPEAKER Requested by: Department of Transportation 1 AN ACT 2 RELATING TO THE STATE HIGHWAY ACCOUNT; AMENDING SECTION 40-701A, IDAHO CODE, 3 TO PROVIDE THAT MONEYS TRANSFERRED FROM THE RESTRICTED HIGHWAY FUND FOR 4 MATCH OF FEDERAL MONEYS SHALL APPLY TO ADDITIONAL SPECIFIED COUNTIES FOR 5 REPAIR OF DAMAGES RESULTING FROM NATURAL DISASTERS AND SHALL APPLY TO DAM- 6 AGES INCURRED IN 1998; AND AMENDING SECTION 41-4909A, IDAHO CODE, TO PRO- 7 VIDE THAT MONEYS TRANSFERRED FROM THE IDAHO PETROLEUM CLEAN WATER TRUST 8 FUND SUSPENSE ACCOUNT FOR MATCH OF FEDERAL MONEYS FOR REPAIR OF DAMAGES 9 SHALL INCLUDE LEMHI AND LEWIS COUNTIES AND SHALL INCLUDE DAMAGES INCURRED 10 IN 1996 AND 1998. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 40-701A, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 40-701A. RESTRICTED HIGHWAY FUND. (1) In order to insure that authorized 15 increases in highway user taxes and fees are expended exclusively on the con- 16 struction and maintenance of highways, bridges and railroad crossings, there 17 is established in the state treasury the "Restricted Highway, Bridge and Rail- 18 road Crossing Maintenance, Repair and Construction Fund" hereafter referred to 19 as the restricted highway fund, to which shall be credited: 20 (a) Moneys as provided by sections 49-402(1) and 40-701(2)(a), Idaho 21 Code; and 22 (b) All other moneys as may be provided by law; and 23 (c) Interest earned on the investment of idle moneys in the restricted 24 fund shall be paid to the restricted highway fund. 25 (2) Moneys in the fund shall be apportioned as follows: 26 (a) Beginning April 1, 1996, all moneys accruing to the fund in an amount 27 not to exceed six million dollars ($6,000,000) shall be transferred to the 28 state highway account to be administered by the Idaho transportation 29 department for use as the state and local match for federal highway admin- 30 istration (FHWA) and federal emergency management agency (FEMA) road and 31 bridge projects. Such moneys shall be used exclusively for repair and res- 32 toration of local and state roads damaged by the 1996 ,33and by the1997 and 1998 natural disasters as defined 34 by federal law and regulation under title 23, code of federal regulations, 35 section 668.103(f), in the counties of Adams, Benewah, Bingham, 36 Boise, Bonner, Bonneville, Boundary, Butte, 37 Clearwater, Custer, Elmore, Fremont, Gem, 38 Idaho, Jefferson, Kootenai, Latah, Lemhi, Lewis, 39 Madison, Nez Perce, Owyhee, Payette, Shoshone, Valley and 40 Washington. When apportionment of moneys to the state highway account is 41 sufficient to meet the purposes for which the moneys are designated, but 42 not exceeding six million dollars ($6,000,000), no additional transfers 43 shall be made as provided in this subsection, and moneys accruing to the 2 1 fund shall thereafter be apportioned as provided in subsections (2)(b) and 2 (2)(c) of this section. Any unused moneys transferred to the state highway 3 account under the provisions of this subsection shall be returned to the 4 restricted highway 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 10 to 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. Of the moneys transferred to the state highway account pursuant 29 to the distribution in section 41-4909(4)(c)(i), Idaho Code, an amount not to 30 exceed six million dollars ($6,000,000) shall be administered by the Idaho 31 transportation department for use as the state and local match for federal 32 highway administration (FHWA) and federal emergency management agency (FEMA) 33 road and bridge projects. Such moneys shall be used exclusively for repair and 34 restoration of local and state roads and bridges damaged by the 1996, 35 1997 and 1998 natural disasters in the counties of Adams, 36 Benewah, Bingham, Boise, Bonner, Bonneville, Boundary, Butte, Clearwater, Cus- 37 ter, Elmore, Fremont, Gem, Idaho, Jefferson, Kootenai, Latah, Lemhi, 38 Lewis, Madison, Nez Perce, Owyhee, Payette, Shoshone, Valley and Wash- 39 ington. When apportionment of moneys under this section is sufficient to meet 40 the purposes for which the moneys are designated, but not to exceed six mil- 41 lion dollars ($6,000,000), any remaining amounts shall be returned to the 42 restricted highway fund established in section 40-701A, Idaho Code.
STATEMENT OF PURPOSE
RS08356C1
This proposed legislation will amend Sections 40-701A and 41-4909A, Idaho Code, to
modify legislation passed in the 1997 and 1998 sessions to accomplish two objectives:
To extend the use of the state highway account funds set aside for state
and local matching of federal-aid funds for damage repair and
restoration to bridges and highways resulting from the natural disasters
of 1996 and 1997 to also cover natural disaster damages suffered during
1998 in Washington, Lemhi and Nez Perce Counties.
To make the total amount of funding provided by Section 40-701A and
Section 41-4909A, Idaho Code, apply to all the accumulated damage repair
and restoration projects throughout the three-year period to obtain
maximum flexibility in the use of such funds.
FISCAL IMPACT
This proposed legislation would not require any additional revenue nor
generate any new costs. It would extend the use of restricted highway
funds for state and local match associated with road/bridge damage
repair to 1998 and remove the burden from local government to provide
that funding. Work continues on projects generated from the 1996 and
1997 disasters. The current unobligated balance of the original $12
million which was set aside for matching funds is about $1.5 million.
That balance could change depending on under-runs and over-runs on the
1996/1997 projects as they are completed. As of August 1998, the
approximate federal-aid matching requirement is $0.5 million. That
would leave up to $1 million available to cover over-runs in cost on
projects for the three-year period or to be available to transfer back
to the restricted highway fund.
If this legislation is not enacted, the approximate $1.5 million in
emergency disaster funds remaining would be returned from the state
highway account to the restricted highway fund and be distributed as
follows:
$750,000 to the State Highway Account
$750,000 to local highway jurisdictions under Section 40-709, Idaho Code
CONTACT
Name: Mary Detmar
Agency: Idaho Transportation Department
Phone: 334-8804
Statement of Purpose/Fiscal Impact H