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H0210............................................by RESOURCES AND CONSERVATION WATERWAYS IMPROVEMENT FUND - Amends existing law to revise provisions relating to the use of moneys in the Waterways Improvement Fund; to revise certain duties of the Waterways Improvement Fund Advisory Committee; to provide criteria for the rating of applications for grants to be awarded from the Waterways Improvement Fund; and to revise the percentage of certain moneys distributed to the Waterways Improvement Fund that may be used by the Department of Parks and Recreation for administrative costs. 02/10 House intro - 1st rdg - to printing 02/11 Rpt prt - to Res/Con
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 210 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO WATERWAYS IMPROVEMENT; AMENDING SECTION 57-1502, IDAHO CODE, TO 3 REVISE PROVISIONS RELATING TO THE USE OF MONEYS IN THE WATERWAYS IMPROVE- 4 MENT FUND AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 57-1503, 5 IDAHO CODE, TO REVISE CERTAIN DUTIES OF THE WATERWAYS IMPROVEMENT FUND 6 ADVISORY COMMITTEE AND TO PROVIDE CRITERIA FOR THE RATING OF APPLICATIONS 7 FOR GRANTS TO BE AWARDED FROM THE STATE WATERWAYS IMPROVEMENT FUND; AND 8 AMENDING SECTION 63-2412, IDAHO CODE, TO REVISE THE PERCENTAGE OF MONEYS 9 DISTRIBUTED TO THE WATERWAYS IMPROVEMENT FUND FROM CERTAIN TAX REVENUE ON 10 GASOLINE AND AIRCRAFT ENGINE FUEL THAT MAY BE USED BY THE DEPARTMENT OF 11 PARKS AND RECREATION FOR ADMINISTRATIVE COSTS AND TO MAKE TECHNICAL COR- 12 RECTIONS. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 57-1502, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 57-1502. FUND ADMINISTERED BY PARK AND RECREATION BOARD. Commencing with 17 the passage and approval of this act, all moneys in or hereafter to come into 18 the waterways improvement fund, which fund was created bySsenateBbillNno. 19 256 enacted by theTthirty-SseventhSsession of the IdahoLlegislature, are 20 hereby appropriated to, and are to be administered by the park and recreation 21 board for the purpose of carrying out the provisions of the act which created 22 the waterways improvement fund; provided that all moneys in the fund, less 23 administrative costs provided for in section 63-2412, Idaho Code, be dispersed 24 through grants specifically for waterways improvements as provided for in 25 chapter 15, title 57, Idaho Code, and that no less than fifty percent (50%) of 26 those funds be awarded to local government projects in any given fiscal year. 27 The department of parks and recreation shall not be eligible to compete for or 28 receive any moneys in the waterways improvement fund with the limited excep- 29 tion of those moneys designated for administrative costs pursuant to section 30 63-2412, Idaho Code. All appropriations now or hereafter made shall be subject 31 to the provisions of theSstandardAappropriationsAact of 1945. 32 SECTION 2. That Section 57-1503, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 57-1503. WATERWAYS IMPROVEMENT FUND ADVISORY COMMITTEE. The director of 35 the department of parks and recreation shall appoint a six (6) member advisory 36 committee which shall be compensated as provided in section 59-509(f), Idaho 37 Code.The committee shall act in an advisory capacity to the department on38matters relating to evaluation of applications for grants to be awarded from39the state waterways improvement fund. Criteria for determining awards shall be40as prescribed by the department.One (1) member shall be chosen from each of 41 the districts described in section 67-4221, Idaho Code. Each member shall be 2 1 an active recreational boater and be a resident of the region. The terms of 2 the appointment shall be three (3) years, except that the initial appointees 3 shall commence on the date of appointment and shall be of staggered lengths so 4 that the term of two (2) members will expire annually. 5 The committee shall act in an advisory capacity to the department on mat- 6 ters relating to evaluation of applications for grants to be awarded from the 7 state waterways improvement fund. All applications shall be rated on a point 8 factor system and projects shall be funded in the priority of their ranking. 9 Scores shall be determined based on the following twelve (12) determining cri- 10 teria, with a maximum possible score of sixty-seven (67) points for each 11 application: 12 (1) Based on information to be provided by the department, what is the 13 percentage of the state's boat registration designation in the county where 14 the project or equipment is located? This element shall be worth a maximum of 15 five (5) points. 16 (2) Based on information to be provided by the department, what is the 17 percentage of the state's boatable surface acres of water located in the 18 county where the project or equipment is located? This element shall be worth 19 a maximum of five (5) points. 20 (3) Based on information to be provided by the applicant, are matching 21 funds provided or arranged for by the applicant? This element shall be worth a 22 maximum of three (3) points. 23 (4) Based on information to be provided by the applicant, will there be a 24 fee charged for the use of or access to any portion of this project? This ele- 25 ment shall be worth a maximum of one (1) point. 26 (5) Based on information to be provided by the department, to what degree 27 will this project or equipment fulfill the needs and demands of Idaho boaters 28 based upon the Idaho state boating plan priority list? This element shall be 29 worth a maximum of three (3) points. 30 (6) Based on information to be provided by the applicant, are the cost 31 estimates reasonable? This element shall be worth a maximum of five (5) 32 points. 33 (7) Based on information to be provided by the applicant, is the size, 34 design and location of the project suitable for the proposed purpose? This 35 element shall be worth a maximum of ten (10) points. 36 (8) Based on information to be provided by the applicant, is the need and 37 demand by Idaho boaters justified for this project? This element shall be 38 worth a maximum of ten (10) points. 39 (9) Based on information to be provided by the applicant, does the pro- 40 posal primarily benefit motorboaters over other boaters? This element shall be 41 worth a maximum of five (5) points. 42 (10) Based on information to be provided by the department, does the 43 applicant have a satisfactory history of managing previous waterways improve- 44 ment fund grants? This element shall be worth a maximum of five (5) points. 45 (11) Based on information to be provided by the department, does the 46 county where the project is to take place have a boating law enforcement and 47 education program? This element shall be worth a maximum of five (5) points. 48 (12) Based on the experience of the waterways advisory committee with the 49 boating public, the boaters' surveys and their particular expertise, rate the 50 project as to its importance to the boaters of Idaho and the purpose of the 51 waterways improvement fund. This element shall be worth a maximum of ten (10) 52 points. 53 SECTION 3. That Section 63-2412, Idaho Code, be, and the same is hereby 54 amended to read as follows: 3 1 63-2412. DISTRIBUTION OF TAX REVENUES FROM TAX ON GASOLINE AND AIRCRAFT 2 ENGINE FUEL. (1) The revenues received from the taxes imposed by sections 3 63-2402 and 63-2421, Idaho Code, upon the receipt or use of gasoline, and any 4 penalties, interest, or deficiency additions, shall be distributed periodi- 5 cally as follows: 6 (a) An amount of money equal to the actual cost of collecting, adminis- 7 tering and enforcing the gasoline tax requirements by the commission, as 8 determined by it shall be retained by the commission. The amount retained 9 by the commission shall not exceed the amount authorized to be expended by 10 appropriation by the legislature. Any unencumbered balance in excess of 11 the actual cost of collecting, administering and enforcing the gasoline 12 tax requirements by the commission at the end of each fiscal year shall be 13 distributed as listed in paragraph (e) of this subsection. 14 (b) An amount of money shall be distributed to the state refund account 15 sufficient to pay current refund claims. All refunds authorized by the 16 commission to be paid shall be paid from the state refund account and 17 those moneys are hereby continuously appropriated for that purpose. 18 (c) As soon as possible after the beginning of each fiscal year, the sum 19 of two hundred fifty thousand dollars ($250,000) shall be distributed to 20 the railroad grade crossing protection account in the dedicated fund, to 21 pay the amounts from the account pursuant to the provisions of section 22 62-304C, Idaho Code. 23 (d) As soon as possible after the beginning of each fiscal year, the sum 24 of one hundred thousand dollars ($100,000) shall be distributed to the 25 local bridge inspection account in the dedicated fund, to pay the amounts 26 from the account pursuant to the provisions of section 40-703, Idaho Code. 27 (e) From the balance remaining with the commission after distributing the 28 amounts in paragraphs (a) through (d) of subsection (1) of this section: 29 1. One and twenty-eight hundredths percent (1.28%) shall be distrib- 30 uted as follows: sixty-six percent (66%) of the one and twenty-eight 31 hundredths percent (1.28%) shall be distributed to the waterways 32 improvementaccountfund, as created in chapter 15, title 57, Idaho 33 Code. Up totwentyten percent (210%) of the moneys distributed to 34 the waterways improvementaccountfund under the provisions of this 35 paragraph may be used by the department of parks and recreation to 36 defray administrative costs. Any moneys unused at the end of the fis- 37 cal year by the department of parks and recreation shall be returned 38 to the state treasurer for deposit in the waterways improvement 39accountfund. Thirty-three percent (33%) of the one and twenty-eight 40 hundredths percent (1.28%) shall be distributed into the park and 41 recreation capital improvement account as created in section 57-1801, 42 Idaho Code. One percent (1%) of the one and twenty-eight hundredths 43 percent (1.28%) shall be distributed to the search and rescue fund 44 created in section 67-2913, Idaho Code; 45 2. One and twenty-eight hundredths percent (1.28%) shall be distrib- 46 uted as follows: sixty-six percent (66%) of the one and twenty-eight 47 hundredths percent (1.28%) shall be distributed to the off-road motor 48 vehicle account, as created in section 57-1901, Idaho Code. Up to 49 twenty percent (20%) of the moneys distributed to the off-road motor 50 vehicle account by this subparagraph may be used by the department of 51 parks and recreation to defray administrative costs. Any moneys 52 unused at the end of the fiscal year by the department of parks and 53 recreation shall be returned to the state treasurer for deposit in 54 the off-road motor vehicle account. Thirty-three percent (33%) of the 55 one and twenty-eight hundredths percent (1.28%) shall be distributed 4 1 into the park and recreation capital improvement account as created 2 in section 57-1801, Idaho Code. One percent (1%) of the one and 3 twenty-eight hundredths percent (1.28%) shall be distributed to the 4 search and rescue fund created in section 67-2913, Idaho Code; and 5 3. Forty-four hundredths percent (.44%) shall be distributed to the 6 park and recreation capital improvement account as created in section 7 57-1801, Idaho Code, to be used solely to develop, construct, main- 8 tain and repair roads, bridges and parking areas within and leading 9 to parks and recreation areas of the state. 10 4. The balance remaining shall be distributed to the highway distri- 11 bution account created in section 40-701, Idaho Code. 12 (2) The revenues received from the taxes imposed by section 63-2408, 13 Idaho Code, and any penalties, interest, and deficiency amounts, shall be dis- 14 tributed as follows: 15 (a) An amount of money shall be distributed to the state refund account 16 sufficient to pay current refund claims. All refunds authorized by the 17 commission to be paid shall be paid from the state refund account, and 18 those moneys are hereby continuously appropriated. 19 (b) The balance remaining of all the taxes collected shall be distributed 20 to the state aeronautics account, as provided in section 21-211, Idaho 21 Code.
STATEMENT OF PURPOSE RS 12757 Cl The purpose of this legislation is to put into Idaho Code the grant criteria for the waterways improvement funds. Changes to these criteria significantly impact the ability of rural areas to make improvements to our public waterways access and associated recreational facilities. Should these criteria be changed, the discussion and decision should involve all affected stakeholders and occur in an open and accessible democratic process. The legislative process provides this needed oversight and objectivity. FISCAL IMPACT There is no fiscal impact to the general fund. Contact Name: Sen. Shawn Keough Rep. George Eskridge Phone: 332 1000 STATEMENT OF PURPOSE/FISCAL NOTE H 210