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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 - 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
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