2002 Legislation
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HOUSE BILL NO. 516 – RR grade crossing, safety

HOUSE BILL NO. 516

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Daily Data Tracking History



H0516.........................................by TRANSPORTATION AND DEFENSE
RAILROAD GRADE CROSSINGS - Amends existing law to provide that the Railroad
Grade Crossing Protection Fund may be used to support public education and
safety programs which promote awareness of public safety at railroad grade
crossings; and to provide that application may be made to the Idaho
Transportation Department to provide the maximum of $25,000 annually from
the Railroad Grade Crossing Protection Fund to support programs for public
education and safety at railroad grade crossings.
                                                                        
01/31    House intro - 1st rdg - to printing
02/01    Rpt prt - to Transp
02/07    Rpt out - rec d/p - to 2nd rdg
02/08    2nd rdg - to 3rd rdg
02/12    3rd rdg - PASSED - 64-3-3
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
      Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge,
      Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood,
      Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake,
      Langford, Mader, Martinez, Meyer, Mortensen, Pischner, Pomeroy,
      Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman,
      Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- Loertscher, Moyle, Pearce
      Absent and excused -- Henbest, McKague, Montgomery
    Floor Sponsor - Kunz
    Title apvd - to Senate
02/13    Senate intro - 1st rdg - to Transp
02/27    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little,
      Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims,
      Sorensen, Stegner, Stennett, Thorne, Wheeler
      NAYS -- None
      Absent and excused -- Geddes, Williams
    Floor Sponsor - Frasure
    Title apvd - to House
03/04    To enrol
03/05    Rpt enrol - Sp signed
03/06    Pres signed
    To Governor
03/11    Governor signed
         Session Law Chapter 76
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 516
                                                                        
                          BY TRANSPORTATION AND DEFENSE 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        SUPPORT  PUBLIC  EDUCATION  AND SAFETY PROGRAMS WHICH PROMOTE AWARENESS OF
  5        PUBLIC SAFETY AT RAILROAD GRADE CROSSINGS  OF  PUBLIC  STREETS,  ROADS  OR
  6        HIGHWAYS AND TO PROVIDE CORRECT TERMINOLOGY; AND AMENDING SECTION 62-304C,
  7        IDAHO CODE, TO PROVIDE THAT APPLICATION MAY BE MADE TO THE IDAHO TRANSPOR-
  8        TATION  DEPARTMENT TO PROVIDE UP TO A MAXIMUM OF TWENTY-FIVE THOUSAND DOL-
  9        LARS ANNUALLY FROM THE RAILROAD GRADE CROSSING PROTECTION FUND TO  SUPPORT
 10        PUBLIC  EDUCATION  AND  SAFETY  PROGRAMS WHICH PROMOTE AWARENESS OF PUBLIC
 11        SAFETY AT RAILROAD GRADE CROSSINGS, TO PROVIDE CORRECT TERMINOLOGY AND  TO
 12        MAKE A TECHNICAL CORRECTION.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION  1.  That  Section 62-304A, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        62-304A.  CREATION OF RAILROAD GRADE CROSSING PROTECTION ACCOUNT FUND.  In
 17    order  to  promote  the  public  safety at railroad grade crossings and public
 18    streets, roads or highways and to provide for the payment of all  or  part  of
 19    the costs of installing, reconstructing, maintaining or improving automatic or
 20    other  safety  appliances,  signals  or devices at railroad grade crossings of
 21    public streets, roads or highways over the tracks of any railroad  company  or
 22    companies,  or  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, there is hereby created in the dedicated fund in the state
 25    treasury an account fund to be known as the railroad grade crossing protection
 26    account fund.
                                                                        
 27        SECTION 2.  That Section 62-304C, Idaho Code, be, and the same  is  hereby
 28    amended to read as follows:
                                                                        
 29        62-304C.  APPORTIONMENT  OF  COSTS.  The  Idaho  transportation department
 30    shall follow federal guidelines on such grade crossing improvement projects as
 31    are to be funded in whole or in part under any  federal  act,  and  where  the
 32    project  is  not  funded  entirely  by federal funds, the Idaho transportation
 33    department may use moneys in the railroad grade  crossing  protection  account
 34    fund to pay all or a portion of the matching funds required.
 35        On  projects where federal-aid funds are not being utilized in whole or in
 36    part, the Idaho transportation department shall apportion the entire  cost  of
 37    the  engineering, installation, reconstruction or improvement of any signal or
 38    device as described in section 62-304A, Idaho Code, between the railroad  com-
 39    pany or companies and the Idaho transportation department or the local author-
 40    ity, in proportion to the respective benefits to be derived.  The Idaho trans-
 41    portation  department may use moneys in the railroad grade crossing protection
                                                                        
                                           2
                                                                        
  1    account fund to pay all or a portion of the  cost  apportioned  to  the  Idaho
  2    transportation department or local authority involved.
  3        The  railroad  company  or companies owning the track or tracks upon which
  4    the improvement shall be made shall perform all construction  and  maintenance
  5    of  the signals or devices and shall be reimbursed for such part of said costs
  6    not to be borne by it, but in allocating said  costs  and  dividing  the  same
  7    among  the  parties involved, the Idaho transportation  department shall limit
  8    the amount to be charged against the railroad company or companies to a  maxi-
  9    mum  of  ten  per  cent  percent (10%) of the total cost of such construction,
 10    unless the crossing is a new one proposed by the railroad  company  or  compa-
 11    nies,  in  which  case the entire cost of construction shall be apportioned to
 12    said railroad company or companies.
 13        Upon application to the Idaho  transportation  department,  and  with  the
 14    approval  of the Idaho transportation board, a maximum of twenty-five thousand
 15    dollars ($25,000) annually may be provided from the  railroad  grade  crossing
 16    protection  fund to support public education and safety programs which promote
 17    awareness of public safety at railroad  grade  crossings  of  public  streets,
 18    roads or highways over the tracks of any railroad company or companies.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                           RS 11781C2
                                
     The intent of this legislation is to expand the use of the
Railroad Grade Crossing Protection Account (Section 62-304A,
Idaho Code) to support public education and safety programs. 
Such education programs are typically presented at schools,
drivers education courses, and county fairs to increase the
driving public's awareness of the dangers existing at railroad
grade crossings.


     The intent of limiting this funding to $25,000 annually is
to encourage railroad companies to continue funding these
programs.  Currently, railroad companies support the Operation
Lifesaver program at $50,000 annually.  This legislation
stipulates that all applications for funding from the Railroad
Grade Crossing Protection account be approved by the Idaho
Transportation Board.


                          FISCAL IMPACT
     The Railroad Grade Crossing Account is allocated $250,000
annually (Section 63-2412, Idaho Code) off the top of the Highway
Distribution Account.  These funds are currently used by ITD to
reconstruct and improve grade crossings, and no general funds are
involved in this legislation.




Contact
Name: Representative Kent Kunz 
Phone: 332-1120




STATEMENT OF PURPOSE/FISCAL NOTE                      H 516