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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 PROTECTIONACCOUNTFUND. 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 accountfund to be known as the railroad grade crossing protection 26accountfund. 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 protectionaccount34 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 1accountfund 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 tenper centpercent (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 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