2001 Legislation
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SENATE BILL NO. 1139 – Railroad grade crossings

SENATE BILL NO. 1139

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN 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 PROTECTION ACCOUNT FUND.  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 account fund to be known as the railroad grade crossing protection  account
 32    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 protection account
 40    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
  8    account fund  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  ten  per  cent  percent (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 / Fiscal Impact


                      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     

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