2003 Legislation
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HOUSE BILL NO. 210 – Waterways Improvement Fund, use

HOUSE BILL NO. 210

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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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN 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 by Ssenate Bbill Nno.
 19    256 enacted by the Tthirty-Sseventh Ssession of the  Idaho  Llegislature,  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 the Sstandard Aappropriations Aact 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 on
 38    matters relating to evaluation of applications for grants to be  awarded  from
 39    the state waterways improvement fund. Criteria for determining awards shall be
 40    as  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             improvement account fund, as created in chapter 15, title  57,  Idaho
 33             Code.  Up  to  twenty ten percent (210%) of the moneys distributed to
 34             the waterways improvement account fund 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
 39             account fund. 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 / Fiscal Impact


                      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