2003 Legislation
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SENATE BILL NO. 1132 – Hwy distribution acct, allocation

SENATE BILL NO. 1132

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Daily Data Tracking History



S1132.........................................................by STATE AFFAIRS
HIGHWAY DISTRIBUTION ACCOUNT - Amends existing law to provide that moneys from
the Highway Distribution Account to local units of government shall be
allocated to the forty-four counties with further distributions to local
jurisdictions made by decision of appointed local representatives.
                                                                        
02/24    Senate intro - 1st rdg - to printing
02/25    Rpt prt - to Transp

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1132
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO APPORTIONMENT OF FUNDS FROM THE HIGHWAY  DISTRIBUTION  ACCOUNT  TO
  3        THE  STATE  CONTROLLER  OR  LOCAL  UNITS  OF  GOVERNMENT; AMENDING SECTION
  4        40-709, IDAHO CODE, TO PROVIDE THAT A DESIGNEE  OF  THE  STATE  CONTROLLER
  5        SHALL  ASCERTAIN  THE  SUMS SET FOR THE APPORTIONMENT TO LOCAL GOVERNMENTS
  6        WITHIN EACH COUNTY AND SHALL INFORM  THE  STATE  TREASURER  OF  THE  TOTAL
  7        AMOUNT  TO  BE  REMITTED  TO EACH COUNTY, TO PROVIDE THAT DISTRIBUTIONS OF
  8        FUNDS TO OTHER HIGHWAY JURISDICTIONS WITHIN THE COUNTY SHALL  BE  MADE  BY
  9        DECISION OF APPOINTED LOCAL REPRESENTATIVES AND TO PROVIDE THAT THE APPOR-
 10        TIONMENT  SHALL  BE  REMITTED  TO  THE COUNTIES NOT LATER THAN JANUARY 25,
 11        APRIL 25, JULY 25 AND OCTOBER 25 OF EACH YEAR.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION 1.  That Section 40-709, Idaho Code, be, and the  same  is  hereby
 14    amended to read as follows:
                                                                        
 15        40-709.  APPORTIONMENT OF FUNDS FROM HIGHWAY DISTRIBUTION ACCOUNT TO LOCAL
 16    UNITS OF GOVERNMENT. Commencing July 1, 1999, and each fiscal year thereafter,
 17    from  the  moneys  appropriated from the highway distribution account to local
 18    units of government, three  hundred  twenty-six  thousandths  of  one  percent
 19    (0.326%)  is  appropriated  to the local highway technical assistance council,
 20    and the balance of the appropriation shall be distributed as follows:
 21        (1)  Thirty percent (30%) shall be apportioned among incorporated and spe-
 22    cially chartered cities, in the same  proportion  as  the  population  of  the
 23    incorporated  or specially chartered city bears to the total population of all
 24    the incorporated or specially chartered cities as shown by the last regular or
 25    special federal census.
 26        (2)  The remainder shall be apportioned:
 27        (a)  Ten percent (10%) shall be divided equally among all counties of  the
 28        state.
 29        (b)  Forty-five  percent  (45%) shall be divided among the counties of the
 30        state in the proportion that the amount collected from motor vehicle  reg-
 31        istrations in each county during the last calendar year bears to the total
 32        amount of those collections in all counties in the state.
 33        (c)  Forty-five  percent  (45%) shall be divided among the counties of the
 34        state in the proportion that the number of miles of improved  highways  in
 35        the  county  highway  system  of  each county bears to the total number of
 36        miles of improved highways in the county highway systems of  all  counties
 37        in the state. The director is directed to certify to the state controller,
 38        on or before January 1 of each year, the number of miles of improved high-
 39        ways in each county.
 40        (3)  Moneys  paid to counties with highway districts shall be further dis-
 41    tributed by the state as follows:
 42        (a)  Ten percent (10%) shall be divided equally among the county,  if  the
 43        county maintains any highways, and the highway districts;
                                                                        
                                           2
                                                                        
  1        (b)  Forty-five  percent  (45%)  shall be divided among the county, if the
  2        county maintains any highways, and the highway districts of the county  in
  3        the  proportion that the amount collected from motor vehicle registrations
  4        in each area designated during the last calendar year bears to  the  total
  5        amount of those collections in the entire county;
  6        (c)  Forty-five  percent  (45%)  shall be divided among the county, if the
  7        county  maintains any highways, and the highway districts in  the  propor-
  8        tion  that  the number of miles of improved highways in the county and the
  9        highway districts bear to the total number of miles of  improved  highways
 10        in the entire county highway system.
 11        (4)  The  state  controller or a designee shall ascertain the sums set for
 12    the apportionment and remit to the local governments their share of the amount
 13    computed to local governments within each county and shall  inform  the  state
 14    treasurer  of the total amount to be remitted to each county.  Further distri-
 15    bution of funds to other highway jurisdictions within the county shall be made
 16    by decision of appointed local representatives. The apportionment hereby  made
 17    shall be remitted to the local governments counties not later than January 25,
 18    April 25, July 25, and October 25 of each year.
 19        (5)  Moneys  paid  to  incorporated or specially chartered cities shall be
 20    expended by the governing bodies of those cities solely  in  the  construction
 21    and  maintenance  of  highways  within  their corporate limits and to meet the
 22    interest and sinking fund requirements for the  current  year  on  any  unpaid
 23    bonds  issued  by  those  cities for highway and bridge purposes, or refunding
 24    bonds issued to take up those bonds.
 25        (6)  Each highway district receiving an  apportionment  from  the  highway
 26    distribution  account  shall apportion those funds as follows: To the interest
 27    and sinking fund of the district, an amount as may be necessary  to  meet  the
 28    interest  and  sinking  fund  requirements  for  that year on any unpaid bonds
 29    issued by that district, and any balance of those  funds  shall  be  used  for
 30    highway  and bridge maintenance and construction. Each district may expend all
 31    or any portion of the balance of those funds in the construction  and  mainte-
 32    nance of state highways within the district.
 33        (7)  No  part  of highway funds or any apportionment from it shall ever be
 34    used for any purposes other than those provided in  this  section,  except  as
 35    specifically  otherwise  provided. At the end of any fiscal year an unexpended
 36    balance of highway funds shall be carried  forward  and  retained  and  subse-
 37    quently applied to the maintenance and construction of highways or the payment
 38    of bond interest and principal and sinking fund requirements.

Statement of Purpose / Fiscal Impact



                         STATEMENT OF PURPOSE
                               RS 13031
This legislation implements a recommendation of the 1995 Legislative Interim
Committee on Transportation Resource Management.  The committee recommended that
state highway funds allocated to local highway jurisdictions be allocated "to one
county entity with further distributions to other highway jurisdictions within the
county by decision of appointed local representatives."  There are 292 highway
jurisdictions in Idaho.  Distributions of state funds to these local jurisdictions
totaled $113 million in 2002.

Because of the sharp decline in the economies in rural Idaho and the importance of
roads to promote economic development, this permissive legislation has become
extremely important. 

With this legislation, the State Controller will write a single check to a county
specified entity.  The amount of the check will aggregate the amounts otherwise
allocated to the jurisdictions in the county.  Such specified entity has the option
of prioritizing the funds to meet countywide economic development objectives
through road and street construction and maintenance or distribute the funds in
accordance with the original allocation formula.                                                    

At a minimum, this legislation should encourage public participation in developing
road construction and maintenance planning and objectives that will promote
economic development within each affected county.
                                  
                           FISCAL IMPACT
None, the same amount of funds will be allocated with whichever option the county
entity chooses.



Contact:
Senator Hal Bunderson 
332-1330
Senator Cecil Ingram
332-1315



STATEMENT OF PURPOSE/FISCAL NOTE         S 1132