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S1458.....................................................by TRANSPORTATION
PUBLIC TRANSPORTATION POLICY - Adds to and amends existing law to revise
public transportation policy; to redefine the role of the Idaho
Transportation Department; to revise membership of the advisory council; to
delete regional advisory committees; to revise membership and procedures of
the interagency working group; to specify use of state appropriated funds;
and to require local financial participation.
02/18 Senate intro - 1st rdg - to printing
02/21 Rpt prt - to Transp
S1458
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1458
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC TRANSPORTATION POLICY; AMENDING SECTION 40-117, IDAHO CODE,
3 TO DEFINE "PUBLIC TRANSPORTATION SERVICES" AND TO MAKE TECHNICAL CORREC-
4 TIONS; AMENDING SECTION 40-514, IDAHO CODE, TO SPECIFY REPORTING REQUIRE-
5 MENTS FOR STATE AGENCIES AND OTHER ENTITIES, TO CLARIFY DUTIES OF THE
6 DEPARTMENT, TO REVISE THE NAME OF THE ADVISORY COUNCIL, TO PROVIDE DUTIES
7 OF THE COUNCIL, TO PROVIDE ADDITIONAL CRITERIA FOR APPOINTMENTS TO THE
8 COUNCIL, TO REDUCE THE TERM OF OFFICE FOR COUNCIL MEMBERS TO THREE YEARS,
9 TO AUTHORIZE THREE COUNCIL MEETINGS PER YEAR, TO REVISE MEMBERSHIP OF THE
10 INTERAGENCY WORKING GROUP, TO PROVIDE FOR MEETINGS OF THE INTERAGENCY
11 WORKING GROUP, TO PROVIDE FOR ANNUAL ELECTION OF A CHAIRMAN FOR THE INTER-
12 AGENCY WORKING GROUP AND TO DELETE PROVISION FOR APPOINTMENT OF REGIONAL
13 ADVISORY COMMITTEES; AMENDING CHAPTER 5, TITLE 40, IDAHO CODE, BY THE
14 ADDITION OF A NEW SECTION 40-515, IDAHO CODE, TO PROVIDE PUBLIC TRANSPOR-
15 TATION POLICY AND IMPLEMENTATION OF THE POLICY; AND AMENDING CHAPTER 5,
16 TITLE 40, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 40-516, IDAHO CODE,
17 TO PROVIDE FOR USE OF STATE FUNDS APPROPRIATED FOR PUBLIC TRANSPORTATION,
18 TO REQUIRE LOCAL FINANCIAL PARTICIPATION AND TO PROVIDE ELIGIBILITY FOR
19 STATE FUNDS.
20 Be It Enacted by the Legislature of the State of Idaho:
21 SECTION 1. That Section 40-117, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 40-117. DEFINITIONS -- P.
24 (1) "Person" includes every natural person, firm, fiduciary, copartner-
25 ship, association, corporation, trustee, receiver or assignee for the benefit
26 of creditors.
27 (2) "Place." (See "Maintain," section 40-114, Idaho Code)
28 (3) "Primary system" or "primary highway" means any portion of the high-
29 ways of the state, as officially designated, or as may hereafter be so desig-
30 nated, by the Idaho transportation board, and approved by the secretary of
31 transportation, pursuant to the provisions of title 23, U.S. Code,
32 "Highways.".
33 (4) "Public highway agency" means the state transportation department,
34 any city, county, highway district or other political subdivision of the state
35 with jurisdiction over public highway systems and public rights-of-way.
36 (5) "Public highways" means all highways open to public use in the state,
37 whether maintained by the state or by any county, highway district, city, or
38 other political subdivision. (Also see "Highways," section 40-109, Idaho Code)
39 (6) "Public right-of-way" means a right-of-way open to the public and
40 under the jurisdiction of a public highway agency, where the public highway
41 agency has no obligation to construct or maintain said right-of-way for vehic-
42 ular traffic.
43 (7) "Public transportation services" means, but is not limited to, fixed
2
1 transit routes, scheduled or unscheduled transit services provided by motor
2 vehicle, bus, rail, van, aerial tramway and other modes of public conveyance;
3 paratransit service for the elderly and disabled; shuttle and commuter service
4 between cities, counties, health care facilities, employment centers, educa-
5 tional institutions or park-and-ride locations; subscription van and car pool-
6 ing services; transportation services unique to social service programs; and
7 the management and administration thereof.
8 SECTION 2. That Section 40-514, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 40-514. PUBLIC TRANSPORTATION SERVICES -- PUBLIC TRANSPORTATION SERVICES
11 ADVISORY COUNCIL CREATED -- INTERAGENCY WORKING GROUP CREATED -- REGIONAL
12 ADVISORY COMMITTEES CREATED DEPARTMENT SUPPORT. (1) The department shall coor-
13 dinate planning of public funds from all sources expended on public transpor-
14 tation services in Idaho, and aAll state agencies except the department of
15 education, and all public and all private entities that use public funds to
16 provide public transportation services within the state shall annually report
17 not less often than quarterly to the department the amount of funding, person-
18 nel and expended, the number of passengers carried, the agency vehicles
19 directed used and the vehicle miles driven to provide transportation for Idaho
20 citizens. Upon receipt of such information, the department shall:
21 (a) Develop a uniform data collection and reporting system; which
22 includes funding, personnel and equipment information on all state and
23 other publicly-supported transportation services;
24 (b) In cooperation with other state agencies and public entities, develop
25 a comprehensive plan for public transportation; and
26 (c) Provide assistance to operators of local and regional transportation
27 systems that are consistent with public program objectives of the state
28 plan;
29 (d) Maintain a state commitment to improve public transportation for
30 presently served areas and unserved areas; and
31 (e) Increase the efficiency and productivity of publicly-funded transpor-
32 tation services.
33 (2) There is hereby created the public transportation services advisory
34 council to advise the Idaho transportation department on issues and policies
35 regarding public transportation in Idaho. The council shall participate in
36 planning activities, identify transportation needs, and promote coordinated
37 transportation systems.
38 The advisory council shall be composed of six (6) members appointed by the
39 Idaho transportation board. Appointed members shall be representatives of
40 local governments and agencies, private organizations and citizen groups that
41 have an interest in public transportation. The board shall appoint said mem-
42 bers from a list of three (3) nominees submitted by public transportation
43 providers and state agencies in each district. One (1) member shall be
44 appointed from each of the six (6) transportation department director dis-
45 tricts as provided in section 40-303, Idaho Code. The term of each member
46 shall be six three (63) years and the initial appointments to the council
47 shall be such that one (1) member two (2) members shall be appointed each year
48 thereafter.
49 The number of council meetings per year shall not exceed the number of
50 meetings is authorized to meet three (3) times per year with additional meet-
51 ings as authorized by the board.
52 Members of the advisory council shall be reimbursed according to the pro-
53 visions of section 59-509(g), Idaho Code.
3
1 (3) The director of the Idaho transportation department together with the
2 directors of the affected state agencies shall establish an interagency work-
3 ing group to advise and assist the department in analyzing public transporta-
4 tion needs, identifying areas for coordination, and developing strategies for
5 eliminating procedural and regulatory barriers to coordination at the state
6 level. The group shall undertake detailed work assignments related to trans-
7 portation services which promote cooperation and collaboration among systems.
8 The working group shall be composed of a representative from the office of
9 the governor and one (1) staff representative from each of the following agen-
10 cies which expend public funds for transportation services:
11 (a) Idaho office commission on aging;
12 (b) Idaho head start association;
13 (c) Idaho department of health and welfare;
14 (d) Idaho department of education;
15 (e) Idaho transportation department;
16 (f) Community transportation association;
17 (g) Idaho council on developmental disabilities; and
18 (h) Any other participating agency Division of vocational rehabilitation;
19 and
20 (i) Bureau of medicaid policy.
21 Ex officio members may be appointed to the group as deemed necessary. Members
22 of the working group representing state agencies shall be reimbursed by their
23 respective agencies according to the provisions of section 59-509(b), Idaho
24 Code.
25 (4) The transportation board shall appoint one (1) regional advisory com-
26 mittee within each of the six (6) transportation department director districts
27 as provided in section 40-303, Idaho Code. Each committee shall be composed of
28 not more than four (4) members who shall advise and assist the council members
29 in planning, resource identification, coordination and evaluation of regional
30 and local transportation services. The term of each regional advisory commit-
31 tee member shall not exceed three (3) years and members may be reappointed.
32 The number of committee meetings per year for each of the committees shall not
33 exceed the number authorized by the board. Members shall be reimbursed by the
34 department for travel and expenses according to the limits specified in sec-
35 tion 67-2008, Idaho Code The interagency working group established in subsec-
36 tion (3) of this section shall:
37 (a) Meet at least once in each calendar quarter; and
38 (b) Discuss all agenda items submitted to it by any member of the group;
39 and
40 (c) Provide notice of each meeting at least two (2) weeks in advance of
41 the meeting; and
42 (d) Annually elect a chairman from among its members; such person may not
43 serve consecutive terms as chairman.
44 (5) The department shall provide the administrative support required by
45 the council and the interagency working group.
46 SECTION 3. That Chapter 4, Title 40, Idaho Code, be, and the same is
47 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
48 ignated as Section 40-515, Idaho Code, and to read as follows:
49 40-515. PUBLIC TRANSPORTATION POLICY -- IMPLEMENTATION. (1) It is hereby
50 recognized by the legislature of the state of Idaho that as the population and
51 economy of the state grows, the total needs for mobility of commerce and peo-
52 ple cannot be met solely with highways and road systems; that motor vehicle
53 congestion and air quality problems result which may adversely affect health
4
1 and safety; that there are elderly persons who live in rural areas or who
2 otherwise require public transportation services for the general welfare; and
3 that prosperous commerce and industry depend on efficient regional systems of
4 private and publicly provided transportation services. It is therefore
5 declared to be the policy of the state of Idaho to maintain a statewide com-
6 mitment to improve public transportation for presently served areas and
7 unserved areas by using state funds in conjunction with federal and local
8 funds to:
9 (a) Develop and support systems between and among governmental and non-
10 governmental entities for the regional coordination of public transporta-
11 tion services;
12 (b) Support public transportation services so that all citizens with a
13 need will have access to some form of appropriate public transportation
14 service;
15 (c) Encourage the use of transportation alternatives to the single occu-
16 pancy motor vehicle in the furtherance of motor vehicle congestion mitiga-
17 tion, energy conservation goals and compliance with clean air standards;
18 (d) Provide technical assistance and support to public transportation
19 providers in qualifying vehicle drivers for required licenses, in estab-
20 lishing safety programs and in the purchase of vehicles that comply with
21 the standards of the national clean air and Americans with disabilities
22 acts;
23 (e) Support and assist on a cooperative basis the efforts of local gov-
24 ernments to form regional public transportation authorities as provided in
25 chapter 21, title 40, Idaho Code;
26 (f) Promote cooperative agreements between and among public and private
27 transportation providers to minimize duplication in transportation ser-
28 vices;
29 (g) Foster public/private cooperative participation in public transporta-
30 tion projects and services permitted by federal and state law;
31 (h) Attain greater efficiency in public transportation programs through a
32 leadership role in the use and management of public transportation funds
33 in a manner consistent with the needs, health, safety and general welfare
34 of the people of Idaho.
35 (2) It is the responsibility of the department, with the approval of the
36 board, to implement the policy described in subsection (1) of this section and
37 in so doing shall:
38 (a) Establish policy regarding the management and use of state and other
39 funds that may from time to time come under the administrative control of
40 the department;
41 (b) Negotiate cooperative funding agreements with federal, state and
42 local agencies as needed to create and foster programs for the coordina-
43 tion of public transportation services;
44 (c) Recognize regional public transportation authorities as the agencies
45 with exclusive jurisdiction over publicly-funded or publicly-subsidized
46 transportation services and programs as provided in chapter 21, title 40,
47 Idaho Code;
48 (d) Enter into multiyear contracts or agreements with regional transpor-
49 tation authorities and providers when appropriate in the interest of con-
50 tinuity of services and reducing administrative duplication;
51 (e) Optimize the use of state and federal funds for those public trans-
52 portation projects and services that support needs and goals as expressed
53 in the state public transportation plan; and
54 (f) Apply for federal funding support for discretionary and emergency
55 transportation projects approved by the board.
5
1 SECTION 4. That Chapter 5, Title 40, Idaho Code, be, and the same is
2 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
3 ignated as Section 40-516, Idaho Code, and to read as follows:
4 40-516. USE OF APPROPRIATED FUNDS -- LOCAL FINANCIAL PARTICIPATION --
5 ELIGIBILITY. (1) State funds appropriated for public transportation may be
6 used for the administration, operation and maintenance of transportation sys-
7 tems providing transportation services to the public; for capital purchases of
8 equipment; for transportation service coordination programs; for training and
9 assistance to local and regional transportation providers; for the purchase of
10 transportation and transportation-related services and to support the forma-
11 tion of regional public transportation authorities as provided in chapter 21,
12 title 40, Idaho Code.
13 (2) The board shall require local financial participation in services,
14 projects and other public transportation activities wholly or partially funded
15 with state funds and shall set such participation by policy.
16 (3) Public, private nonprofit and private for-profit entities shall be
17 eligible to receive state funds for transportation services and projects
18 approved by the board.
STATEMENT OF PURPOSE
RS10073
The purpose of this legislation that reorganizes and restructures the advisors to the Idaho
Transportation Department Division of Public Transportation as required by Section 40-514,
idaho code by eliminating the six Regional Public Transportation Advisory Committees and to
more clearly define the membership and role of the Public Transportation Advisory Council and
the Interagency Working Group.
Idaho Code currently requires an Advisory Council with six (6) members, Six Regional
Public Transportation Advisory Committees with a total of 24 members and an Interagency
Working Group with at least seven members to advise and consult with the department.
The advisory group requirements in Idaho Code were established as a result of an Interim
Committee Report in 1992' The awareness of public transportation has changed dramatically in
the intervening eight years. The division now has access to local information through Regional
Public Transportation Authorities, Local Transportation Committees and other groups interested
in transportation issues that did not exist when the report was written. Staff currently spends time
organizing regional committee meetings and working with committees. This time could be spent
working with local organizations to better coordinate transportation in local areas and to facilitate
inter-regional transportation.
Section 40-514 (2), Idaho Code requires the Advisory Group to advise the department
but did not include language defining the nature of the advice. Language has been added from the
1992 Legislative Interim Committee Report to clarify the role of the Advisory Council.
Section 40-514 (3) has been amended to define the frequency of meetings, to define the
chairmanship of the group and to add a representative from the office of the governor. Language
has been added to allow non-state agencies to participate in the group.
FISCAL IMPACT
This legislation would bring about an estimated annual cost savings to the department of $3,000 in
federal funds which would be redirected toward other coordination and planning activities. This
estimate includes travel and expenses for the committee members, and costs of preparing agendas
and minutes. In addition, $500 of ITD secretarial time and $15,000 of planner and grant officer
time would be redirected to other coordination activities.
CONTACT: Senator Shawn Keough
Phone: 332-1340
STATEMENT OF PURPOSE/ FISCAL NOTE S1458