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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
S1114|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN 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-11ning of public funds from all sources expended on public transportation ser-12vices in Idaho, and aA 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 shallannuallyreport 16 quarterly to the department the amount of funding expended 17 ,personnel andthe number of passengers carried, the 18 agency vehiclesdirectedused 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 equipment23information on all state and other publicly-supported transportation ser-24vices;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 for31presently served areas and unserved areas; and32(e) Increase the efficiency and productivity of publicly-funded transpor-33tation 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) Idahoofficecommission 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;and14 (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 thanfourfive (45 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
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