Print Friendly SENATE BILL NO. 1432 – City, no street dept, hwy dist resp
SENATE BILL NO. 1432
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CITIES - HIGHWAY DISTRICTS - Amends existing law to define "functioning
street department"; to provide that if a city does not have a functioning
street department, its share of moneys from the Highway Distribution
Account shall be apportioned to the appropriate county or highway district
which has responsibility for the maintenance, construction, repair, snow
removal, sanding and traffic control of the public streets within the
incorporated or specially chartered city limits; to provide when either a
county, single county-wide highway district, or a highway district has
responsibility for the maintenance, construction, etc. of the highways or
public streets within the limits of the city; and to provide for highway
funds to be paid directly to the appropriate county or highway district
treasurer and to provide where the treasurer shall deposit the moneys; to
provide for a levy in a city with a functioning street department; and to
provide for apportionment of the funds if a levy is made upon property
within the limits of an incorporated city, without a functioning street
02/16 Senate intro - 1st rdg - to printing
02/17 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1432
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO HIGHWAY DISTRICTS; AMENDING SECTION 40-107, IDAHO CODE, TO DEFINE
3 "FUNCTIONING STREET DEPARTMENT" AND TO MAKE TECHNICAL CORRECTIONS; AMEND-
4 ING SECTION 40-709, IDAHO CODE, TO PROVIDE THAT IF A CITY DOES NOT HAVE A
5 FUNCTIONING STREET DEPARTMENT ITS SHARE OF MONEYS FROM THE HIGHWAY DISTRI-
6 BUTION ACCOUNT SHALL BE APPORTIONED TO THE APPROPRIATE COUNTY OR HIGHWAY
7 DISTRICT WHICH HAS RESPONSIBILITY FOR THE MAINTENANCE, CONSTRUCTION,
8 REPAIR, SNOW REMOVAL, SANDING AND TRAFFIC CONTROL OF THE PUBLIC STREETS
9 WITHIN THE INCORPORATED OR SPECIALLY CHARTERED CITY LIMITS; AMENDING SEC-
10 TION 40-712, IDAHO CODE, TO PROVIDE WHEN EITHER A COUNTY, SINGLE COUNTY-
11 WIDE HIGHWAY DISTRICT, OR A HIGHWAY DISTRICT HAS RESPONSIBILITY FOR THE
12 MAINTENANCE, CONSTRUCTION, REPAIR, SNOW REMOVAL, SANDING AND TRAFFIC CON-
13 TROL OF THE HIGHWAYS OR PUBLIC STREETS OR BOTH WITHIN THE LIMITS OF THE
14 CITY, STATE HIGHWAY FUNDS THAT WOULD HAVE GONE TO THE CITY SHALL BE PAID
15 DIRECTLY TO THE APPROPRIATE COUNTY OR HIGHWAY DISTRICT AND TO DELETE REF-
16 ERENCE TO THE LOCAL ASSISTANCE FUND; AMENDING SECTION 40-715, IDAHO CODE,
17 TO PROVIDE FOR MONEYS TO GO TO THE APPROPRIATE COUNTY TREASURER OR HIGHWAY
18 DISTRICT TREASURER AND TO PROVIDE WHERE THE RESPECTIVE TREASURER SHALL
19 DEPOSIT THE MONEY; AMENDING SECTION 40-801, IDAHO CODE, TO PROVIDE FOR A
20 LEVY IN A CITY WITH A FUNCTIONING STREET DEPARTMENT, TO PROVIDE IF A LEVY
21 IS MADE UPON PROPERTY WITHIN THE LIMITS OF AN INCORPORATED CITY, WITHOUT A
22 FUNCTIONING STREET DEPARTMENT, ONE PERCENT OF THE FUNDS SHALL BE APPOR-
23 TIONED TO THE APPROPRIATE COUNTY OR HIGHWAY DISTRICT WHICH HAS RESPONSI-
24 BILITY FOR THE MAINTENANCE, CONSTRUCTION, REPAIR, SNOW REMOVAL, SANDING
25 AND TRAFFIC CONTROL OF THE PUBLIC STREET WITHIN THE LIMITS OF THE INCORPO-
26 RATED CITY AND TO MAKE TECHNICAL CORRECTIONS.
27 Be It Enacted by the Legislature of the State of Idaho:
28 SECTION 1. That Section 40-107, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 40-107. DEFINITIONS -- F.
31 (1) "Facilities" means tracks, pipes, mains, conduits, cables, wires,
32 towers, poles, equipment and appliances.
33 (2) "Family" means two (2) or more persons living together in the same
34 dwelling unit who are related to each other by blood, marriage, adoption or
35 legal guardianship.
36 (3) "Farm operation" means any activity conducted primarily for the pro-
37 duction of agricultural products or commodities, including timber, for sale
38 and home use, and producing agricultural products or commodities in sufficient
39 quantity to contribute materially to the operator's support.
40 (4) "Feeder highway" means any highway which, in the opinion of the
41 transportation board, is needed to create or facilitate access to a turnpike
42 project upon which a toll is charged for transit.
43 (5) "Federal land rights-of-way" means rights-of-way on federal land
1 within the context of Revised Statute 2477, codified as 43 United States Code
2 932, and other federal access grants and shall be considered to be any road,
3 trail, access or way upon which construction has been carried out to the stan-
4 dard in which public rights-of-way were built within historic context. These
5 rights-of-way may include, but not be limited to, horse paths, cattle trails,
6 irrigation canals, waterways, ditches, pipelines or other means of water
7 transmission and their attendant access for maintenance, wagon roads, jeep
8 trails, logging roads, homestead roads, mine to market roads and all other
10 (6) "Functioning street department" means a city department responsible
11 for the maintenance, construction, repair, snow removal, sanding and traffic
12 control of a public highway or public street system which qualifies such
13 department to receive funds from the highway distribution account to local
14 units of government pursuant to section 40-709, Idaho Code.
15 SECTION 2. That Section 40-709, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 40-709. APPORTIONMENT OF FUNDS FROM HIGHWAY DISTRIBUTION ACCOUNT TO LOCAL
18 UNITS OF GOVERNMENT. Commencing July 1, 1999, and each fiscal year thereafter,
19 from the moneys appropriated from the highway distribution account to local
20 units of government, three hundred twenty-six thousandths of one percent
21 (0.326%) is appropriated to the local highway technical assistance council,
22 and the balance of the appropriation shall be distributed as follows:
23 (1) Thirty percent (30%) shall be apportioned among incorporated and spe-
24 cially chartered cities, in the same proportion as the population of the
25 incorporated or specially chartered city bears to the total population of all
26 the incorporated or specially chartered cities as shown by the last regular or
27 special federal census. Provided however, when a city does not have a func-
28 tioning street department, as defined in sections 40-107 and 50-1301, Idaho
29 Code, that city's share shall be apportioned to the appropriate county or
30 highway district which has responsibility for the maintenance, construction,
31 repair, snow removal, sanding and traffic control of the public streets within
32 the incorporated or specially chartered city limits.
33 (2) The remainder shall be apportioned:
34 (a) Ten percent (10%) shall be divided equally among all counties of the
36 (b) Forty-five percent (45%) shall be divided among the counties of the
37 state in the proportion that the amount collected from motor vehicle reg-
38 istrations in each county during the last calendar year bears to the total
39 amount of those collections in all counties in the state.
40 (c) Forty-five percent (45%) shall be divided among the counties of the
41 state in the proportion that the number of miles of improved highways in
42 the county highway system of each county bears to the total number of
43 miles of improved highways in the county highway systems of all counties
44 in the state. The director is directed to certify to the state controller,
45 on or before January 1 of each year, the number of miles of improved high-
46 ways in each county.
47 (3) Moneys paid to counties with highway districts shall be further dis-
48 tributed by the state as follows:
49 (a) Ten percent (10%) shall be divided equally among the county, if the
50 county maintains any highways, and the highway districts;
51 (b) Forty-five percent (45%) shall be divided among the county, if the
52 county maintains any highways, and the highway districts of the county in
53 the proportion that the amount collected from motor vehicle registrations
1 in each area designated during the last calendar year bears to the total
2 amount of those collections in the entire county;
3 (c) Forty-five percent (45%) shall be divided among the county, if the
4 county maintains any highways, and the highway districts in the proportion
5 that the number of miles of improved highways in the county and the high-
6 way districts bear to the total number of miles of improved highways in
7 the entire county highway system.
8 (4) The state controller shall ascertain the sums set for the apportion-
9 ment and remit to the local governments their share of the amount computed.
10 The apportionment hereby made shall be remitted to the local governments not
11 later than January 25, April 25, July 25, and October 25 of each year.
12 (5) Moneys paid to incorporated or specially chartered cities shall be
13 expended by the governing bodies of those cities solely in the construction
14 and maintenance of highways within their corporate limits and to meet the
15 interest and sinking fund requirements for the current year on any unpaid
16 bonds issued by those cities for highway and bridge purposes, or refunding
17 bonds issued to take up those bonds.
18 (6) Each highway district receiving an apportionment from the highway
19 distribution account shall apportion those funds as follows: To the interest
20 and sinking fund of the district, an amount as may be necessary to meet the
21 interest and sinking fund requirements for that year on any unpaid bonds
22 issued by that district, and any balance of those funds shall be used for
23 highway and bridge maintenance and construction. Each district may expend all
24 or any portion of the balance of those funds in the construction and mainte-
25 nance of state highways within the district.
26 (7) No part of highway funds or any apportionment from it shall ever be
27 used for any purposes other than those provided in this section, except as
28 specifically otherwise provided. At the end of any fiscal year an unexpended
29 balance of highway funds shall be carried forward and retained and subse-
30 quently applied to the maintenance and construction of highways or the payment
31 of bond interest and principal and sinking fund requirements.
32 SECTION 3. That Section 40-712, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 40-712. CITY'S PORTION OF HIGHWAY FUNDS PAID TO AUDITOR. -- FISCAL ASSIS-
35 TANCE FUNDS. (1) Any city which has a functioning street department as defined
36 in sections 40-107 and 50-1301, Idaho Code, and maintains highways or public
37 streets, or both, shall continue to receive their proportionate share of
38 moneys distributed under sections 40-709 and 40-715, Idaho Code, but in when
39 either a county, a single county-wide highway district organized under the
40 provisions of chapter 10, title 40, Idaho Code, or under chapter 273, laws of
41 1971, or a highway district organized under the provisions of chapter 13, 15
42 or 17, title 40, Idaho Code, has responsibility of the highways or public
43 streets, or both, within the limits of the city, those moneys shall be paid
44 directly to the appropriate county auditor for the benefit of the county-wide
45 or highway district as provided in section 40-715, Idaho Code.
46 (2) Any city or county which receives moneys under the provisions of the
47 state and local fiscal assistance act of 1972 may utilize those funds for any
48 purposes that were solely the responsibility of that city or county prior to
49 March 17, 1973, and which responsibility was transferred to a county-wide
50 highway district by chapter 273, laws of 1971. Any city or county which
51 receives moneys under the provisions of the state and local fiscal assistance
52 act of 1972 may utilize those funds for the design, construction, reconstruc-
53 tion and maintenance of sidewalks, when deemed to be for public safety. Utili-
1 zation of the fiscal assistance funds may be accomplished by a transfer of the
2 funds to a county-wide highway district, and the provisions of sections
3 67-2326 through and including 67-2333, Idaho Code, may be utilized for trans-
4 fer, provided, the provisions of the state and local fiscal assistance act of
5 1972 are adhered to.
6 SECTION 4. That Section 40-715, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 40-715. TRANSFER OF SUMS ALLOCABLE TO COUNTIES, HIGHWAY DISTRICTS AND
9 CITIES -- DISBURSEMENT. It is the duty of the state controller to draw drafts
10 upon the state treasury for the transfer of the distributive sums allocable to
11 the several counties, highway districts and cities, which drafts shall be made
12 payable directly to the appropriate county treasurer s, highway district secre-
13 tary treasurer or city clerk. The county treasurer s shall deposit the moneys
14 in the county highway fund, the highway district secretaries treasurer shall
15 deposit the moneys in the highway district road fund and the city clerk shall
16 deposit the moneys in the city street fund.
17 SECTION 5. That Section 40-801, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 40-801. AUTHORITY AND PROCEDURE FOR LEVIES. (1) The commissioners of a
20 county highway system, the commissioners of a county-wide highway district,
21 and the commissioners of highway districts are empowered, for the purpose of
22 construction and maintenance of highways and bridges under their respective
23 jurisdictions, to make the following highway ad valorem tax levies as applied
24 to the market value for assessment purposes within their districts:
25 (a) Two-tenths per cent percent (0.2%) of market value for assessment
26 purposes for construction and maintenance of highways and bridges; pro-
27 vided that if the levy is made upon property within the limits of any
28 incorporated city with a functioning street department as defined in sec-
29 tions 40-107 and 50-1301, Idaho Code, fifty per cent percent (50%) of the
30 funds shall be apportioned to that incorporated city. Provided however, if
31 the levy is made upon property within the limits of an incorporated city,
32 without a functioning street department, one hundred percent (100%) of the
33 funds shall be apportioned to the appropriate county or highway district
34 which has responsibility for the maintenance, construction, repair, snow
35 removal, sanding and traffic control of the public streets within the lim-
36 its of the incorporated city.
37 (b) A special levy of eighty-four thousandth per cent percent (0.084%) of
38 market value for assessment purposes to be used for any one (1) or all of
39 the following purposes:
40 1.(i) B bridge maintenance and construction;
41 2.(ii) M matching state and federal highway funds;
42 3.(iii) S secondary highway construction;
43 4.(iv) S secondary highway maintenance and improvements;
44 5.(v) M maintenance during an emergency.
45 No part of this levy shall be apportioned to any incorporated city.
46 (2) The tax levies authorized by this section shall be certified to the
47 county auditor of the county in which the levies are made, at the same time
48 that other tax levies are certified for other county purposes, shall be col-
49 lected by the same officers and in the same manner as any other county taxes
50 are collected, and paid into the county treasury and apportioned to the dis-
51 tricts or taxing units in the amount that their respective levies produced,
1 exclusive of ordinary collection fees to the county and the proper apportion-
2 ment to the incorporated cities.
3 (3) The total levies for construction and maintenance of highways and
4 bridges, secondary highway matching funds and construction and maintenance of
5 bridges only, shall not exceed two hundred eighty-four thousandth per cent
6 percent (0.284%) of the market value for assessment purposes.
STATEMENT OF PURPOSE
This legislation amends Idaho Code section 107, 709, 712, 715, 801 of Title 40.
This change in legislation is to clarify where the funds derived f rom a
construction and maintenance levy are to be distributed. Idaho Law currently
allows for 50% of this levy to be distributed to city (s) if the property incorporated
by the levy lies within a city(s)limits. The intent of the law allowing this levy
was for the construction and maintenance of highways within the governmental
entity's jurisdiction. However, if the entity does not have jurisdiction over streets,
then clearly that entity should not share in the proceeds of the levy. This
legislation clarifies and defines Idaho Code to alleviate the confusion of this levy.
None to the General Fund.
Name: Stuart 0. Davis; Executive Director,
Idaho Association of Highway Districts, Inc.
STATEMENT OF PURPOSE/FISCAL IMPACT S 1432