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S1139.....................................................by TRANSPORTATION RAILROAD GRADE CROSSINGS - Amends existing law to provide that the Railroad Grade Crossing Protection Fund may be used to pay for the costs of constructing railroad grade crossing or separation structures and may be used to support public education and safety programs which promote awareness of public safety at railroad grade crossings; to provide that the Idaho Transportation Department shall apportion the entire cost of the construction of any railroad grade crossing or grade separation structures between the railroad company or companies and the Idaho Transportation Department or local authority; and to provide the maximum dollar amount that may be provided from the Railroad Grade Crossing Protection Fund to support public education and safety programs. 02/12 Senate intro - 1st rdg - to printing 02/13 Rpt prt - to Transp 02/28 Rpt out - rec d/p - to 2nd rdg 03/01 2nd rdg - to 3rd rdg 03/08 3rd rdg - PASSED - 32-0-3 AYES -- Andreason, Boatright, Branch(Bartlett), Bunderson, Burtenshaw, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams, NAYS -- None Absent and excused -- Brandt, Cameron, Keough Floor Sponsor -- Frasure Title apvd - to House 03/09 House intro - 1st rdg - to Transp 03/28 Rpt out - rec d/p - to 2nd rdg Rls susp - FAILED - 33-37-0 AYES -- Barraclough, Bedke, Bieter, Black, Boe, Bradford, Chase, Collins, Cuddy, Deal, Ellsworth, Field(13), Gould, Hadley, Hansen, Harwood, Henbest(Farley), Hornbeck, Kellogg, Kunz, Mader, Marley, Montgomery, Pischner, Pomeroy, Robison, Sellman, Shepherd, Smylie, Stevenson, Trail, Young(Young), Mr. Speaker NAYS -- Barrett, Bell, Bolz, Bruneel, Callister, Campbell, Clark, Crow, Denney, Ellis, Eskridge, Field(20), Gagner, Hammond, Higgins, Jaquet, Jones, Kendell, Lake, Langford, Loertscher, McKague, Meyer, Mortensen, Moss, Moyle, Pearce, Raybould, Ridinger, Roberts, Sali, Schaefer, Smith, Stone, Tilman, Wheeler, Wood Absent and excused -- None Floor Sponsor -- Kunz Filed w/ Office of the Secretary of the Senate
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1139 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO RAILROAD GRADE CROSSINGS; AMENDING SECTION 62-304A, IDAHO CODE, TO 3 PROVIDE THAT THE RAILROAD GRADE CROSSING PROTECTION FUND MAY BE USED TO 4 PAY FOR THE COSTS OF CONSTRUCTING RAILROAD GRADE CROSSING OR SEPARATION 5 STRUCTURES, TO PROVIDE THAT THE FUND MAY BE USED TO SUPPORT PUBLIC EDUCA- 6 TION AND SAFETY PROGRAMS WHICH PROMOTE AWARENESS OF PUBLIC SAFETY AT RAIL- 7 ROAD GRADE CROSSINGS OF PUBLIC STREETS, ROADS OR HIGHWAYS AND TO PROVIDE 8 CORRECT TERMINOLOGY; AND AMENDING SECTION 62-304C, IDAHO CODE, TO PROVIDE 9 THAT THE IDAHO TRANSPORTATION DEPARTMENT SHALL APPORTION THE ENTIRE COST 10 OF THE CONSTRUCTION OF ANY RAILROAD GRADE CROSSING OR GRADE SEPARATION 11 STRUCTURES BETWEEN THE RAILROAD COMPANY OR COMPANIES AND THE IDAHO TRANS- 12 PORTATION DEPARTMENT OR THE LOCAL AUTHORITY IN PROPORTION TO THE RESPEC- 13 TIVE BENEFITS TO BE DERIVED, TO PROVIDE FOR A MAXIMUM DOLLAR AMOUNT THAT 14 MAY BE PROVIDED FROM THE RAILROAD GRADE CROSSING PROTECTION FUND TO SUP- 15 PORT PUBLIC EDUCATION AND SAFETY PROGRAMS WHICH PROMOTE AWARENESS OF PUB- 16 LIC SAFETY AT RAILROAD GRADE CROSSINGS AND TO PROVIDE CORRECT TERMINOLOGY 17 AND TO MAKE A TECHNICAL CORRECTION. 18 Be It Enacted by the Legislature of the State of Idaho: 19 SECTION 1. That Section 62-304A, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 62-304A. CREATION OF RAILROAD GRADE CROSSING PROTECTIONACCOUNTFUND. In 22 order to promote the public safety at railroad grade crossings and public 23 streets, roads or highways and to provide for the payment of all or part of 24 the costs of installing, constructing, reconstructing, maintaining or improv- 25 ing railroad grade crossing or separation structures, or automatic or other 26 safety appliances, signals or devices at railroad grade crossings of public 27 streets, roads or highways over the tracks of any railroad company or compa- 28 nies, or to support public education and safety programs which promote aware- 29 ness of public safety at railroad grade crossings of public streets, roads or 30 highways, there is hereby created in the dedicated fund in the state treasury 31 an accountfund to be known as the railroad grade crossing protectionaccount32 fund. 33 SECTION 2. That Section 62-304C, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 62-304C. APPORTIONMENT OF COSTS. The Idaho transportation department 36 shall follow federal guidelines on such grade crossing improvement projects as 37 are to be funded in whole or in part under any federal act, and where the 38 project is not funded entirely by federal funds, the Idaho transportation 39 department may use moneys in the railroad grade crossing protectionaccount40 fund to pay all or a portion of the matching funds required. 41 On projects where federal-aid funds are not being utilized in whole or in 2 1 part, the Idaho transportation department shall apportion the entire cost of 2 the engineering, installation, construction, reconstruction or improvement of 3 any railroad grade crossing or grade separation structures, or signal or 4 device as described in section 62-304A, Idaho Code, between the railroad com- 5 pany or companies and the Idaho transportation department or the local author- 6 ity, in proportion to the respective benefits to be derived. The Idaho trans- 7 portation department may use moneys in the railroad grade crossing protection 8accountfund to pay all or a portion of the cost apportioned to the Idaho 9 transportation department or local authority involved. 10 The railroad company or companies owning the track or tracks upon which 11 the improvement shall be made shall perform all construction and maintenance 12 of the signals or devices and shall be reimbursed for such part of said costs 13 not to be borne by it, but in allocating said costs and dividing the same 14 among the parties involved, the Idaho transportation department shall limit 15 the amount to be charged against the railroad company or companies to a maxi- 16 mum of tenper centpercent (10%) of the total cost of such construction, 17 unless the crossing is a new one proposed by the railroad company or compa- 18 nies, in which case the entire cost of construction shall be apportioned to 19 said railroad company or companies. 20 A maximum of twenty-five thousand dollars ($25,000) may be provided from 21 the railroad grade crossing protection fund by the Idaho transportation 22 department to support public education and safety programs which promote 23 awareness of public safety at railroad grade crossings of public streets, 24 roads or highways over the tracks of any railroad company or companies.
STATEMENT OF PURPOSE RS 11092 The intent of this legislation is to expand the use of the Railroad Grade Crossing Protection Account (in Section 62-304A , Idaho Code) to allow for construction of grade crossing or separation structures. In addition, a new paragraph was added to Section 62-304C, Idaho Code, to support public education and safety programs. The intent of limiting the latter to $25,000 would be to encourage railroad companies to continue funding the program. Currently, those companies are annually supporting the Idaho Operation Lifesaver program at $50,000. This bill provides that a portion of those program costs may be allocated from the Railroad Grade Crossing Protection Account for public education and safety programs which promote awareness of public safety at railroad grade crossings of public streets, roads or highways over the tracks of any railroad company or companies. FISCAL IMPACT The Railroad Grade Crossing Account is allocated $250,000 (Section 63-2412, Idaho Code) annually off the top of the Highway Distribution Account. This bill provides that up to $25,000 of those funds may be dedicated by the Idaho Transportation Board specifically to support railroad public education and safety programs. Legislative contact: Sen. Evan Frasure 332-1315 STATEMENT OF PURPOSE/FISCAL NOTE S 1139 --------- REVISED ----------- REVISED -------------- REVISED ----