2004 Legislation
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HOUSE BILL NO. 655 – Local Hwy Economic Investmnt Fund


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Bill Status

H0655.........................................by TRANSPORTATION AND DEFENSE
LOCAL HIGHWAY ECONOMIC INVESTMENT FUND - Adds to and amends existing law to
create the Local Highway Economic Investment Fund; to provide moneys for
the fund from increases in motor vehicle certificate of title fees; to
provide for apportionment of moneys from the fund to the Local Highway
Technical Assistance Council for local highway projects, local matches for
federally-funded road and bridge projects and for administrative costs; and
to require annual reporting to the germane committees of the Idaho
02/11    House intro - 1st rdg - to printing
02/12    Rpt prt - to Transp
02/19    Rpt out - rec d/p - to 2nd rdg
02/20    2nd rdg - to 3rd rdg
03/04    3rd rdg - FAILED - 29-41-0
      AYES -- Andersen, Bauer, Black, Boe, Campbell, Cuddy, Douglas,
      Edmunson, Eskridge, Field(18), Field(23), Henbest, Jaquet, Jones,
      Kellogg, Langhorst, Martinez, Meyer, Mitchell, Naccarato,
      Pasley-Stuart, Ridinger, Ringo, Shirley, Smith(30), Smith(24),
      Stevenson, Trail(Bennett), Wood
      NAYS -- Barraclough, Barrett, Bayer, Bedke, Bell, Block, Bolz,
      Bradford, Cannon, Clark, Collins, Crow, Deal, Denney, Eberle,
      Ellsworth, Gagner, Garrett, Harwood, Kulczyk, Lake, Langford,
      McGeachin, McKague, Miller, Moyle, Nielsen, Raybould, Ring, Roberts,
      Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Skippen, Smylie,
      Snodgrass, Wills, Mr. Speaker
      Absent and excused -- None
    Floor Sponsor - Ridinger
    Filed in the Office of the Chief Clerk

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 655
  1                                        AN ACT
 12    Be It Enacted by the Legislature of the State of Idaho:
 13        SECTION 1.  That Section 40-717, Idaho Code, be, and the  same  is  hereby
 14    amended to read as follows:
 16    ASSISTANCE COUNCIL -- ADMINISTRATION. (1)  Funds  apportioned  under  sections
 17    40-709  and  40-717A,  Idaho  Code,  to the local highway technical assistance
 18    council shall immediately be deposited by the council in one (1) or more banks
 19    or trust companies approved under chapter 27, title 67, Idaho Code,  as  state
 20    depositories.  All  funds  so  deposited and interest from the same are hereby
 21    continuously appropriated for the purpose of carrying out  the  provisions  of
 22    chapter 24, title 40, Idaho Code.
 23        (2)  The  local  highway  technical assistance council is charged with the
 24    sole and exclusive administration of the council funds and shall  follow  fed-
 25    eral  guidelines  in providing technical assistance to local highway jurisdic-
 26    tions which may be funded in part with federal funds. Funds can  be  withdrawn
 27    or  paid  out  of  such  accounts  only  upon checks or other orders upon such
 28    account, signed by two (2) officers of the council or employees designated  by
 29    the council.
 30        (3)  The right is reserved to the state of Idaho to audit the accounts and
 31    expenditures of the council at any time.
 32        (4)  All  money received or expended by the council shall be audited annu-
 33    ally by a certified public accountant, designated by the council, as  provided
 34    in section 40-2405, Idaho Code.
 35        SECTION  2.  That  Chapter  7,  Title  40, Idaho Code, be, and the same is
 36    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 37    ignated as Section 40-717A, Idaho Code, and to read as follows:
 38        40-717A.  LOCAL   HIGHWAY  ECONOMIC  INVESTMENT  FUND.  (1)  The  economic
 39    viability of Idaho rural and urban communities requires a safe  and  efficient
 40    local  highway  system in order to maintain and promote a good economic future
 41    for the citizens of Idaho. There is hereby established in the  state  treasury
  1    the "Local Highway Economic Investment Fund" to which shall be credited:
  2        (a)  Moneys  as provided by paragraphs (b), (c), (d) and (e) of subsection
  3        (2) of section 49-202, Idaho Code; and
  4        (b)  All other moneys as may be provided by law; and
  5        (c)  Interest earned on the investment of idle moneys in the local highway
  6        economic investment fund shall be  paid  to  the  local  highway  economic
  7        investment fund.
  8        (2)  Moneys in the fund shall be apportioned as follows:
  9        (a)  Thirty  thousand  dollars ($30,000) shall be transferred to the local
 10        highway technical assistance council no later than January  15,  April  15
 11        and July 15 of each year; and
 12        (b)  Moneys  unexpended  and  unencumbered  remaining in the fund shall be
 13        transferred to the local highway technical  assistance  council  no  later
 14        than October 1 of each year.
 15        (3)  Moneys  transferred to the local highway technical assistance council
 16    as provided in subsection (2) of this section shall be used for local  highway
 17    jurisdiction  projects, for use as local matches for federally-funded road and
 18    bridge projects as identified on an annual basis by the local highway  techni-
 19    cal assistance council, and for reasonable administrative costs of the council
 20    which are directly related to authorized uses of the moneys.
 21        (4)  On or before March 1 of each year, the local highway technical assis-
 22    tance  council  shall  submit a report to the house transportation and defense
 23    committee and to the senate transportation committee of the Idaho legislature,
 24    which provides a detailed accounting of the moneys apportioned to the council,
 25    the projects for which moneys from the fund were expended, and the effect such
 26    expenditures have had on local highways and bridges.
 27        SECTION 3.  That Section 49-202, Idaho Code, be, and the  same  is  hereby
 28    amended to read as follows:
 29        49-202.  DUTIES  OF  DEPARTMENT. (1) All registration and driver's license
 30    records in the office of the department shall be public records  and  open  to
 31    inspection  by  the  public  during  normal  business  hours, except for those
 32    records declared by law to be for the confidential use of the  department,  or
 33    those  records containing personal information subject to restrictions or con-
 34    ditions regarding disclosure. If the department has contracted for  a  service
 35    to  be  provided by another entity, an additional fee shall be charged by that
 36    contractor whether the service is rendered during normal business hours, other
 37    than normal business hours or on weekends.
 38        (2)  In addition to other fees required by law  to  be  collected  by  the
 39    department, the department shall collect the following:
 40        (a)  For  certifying  a  copy  of  any  record  pertaining  to any vehicle
 41        license, any certificate of title, or any driver's license ......... $8.00
 42        (b)  For issuing every Idaho certificate of title ................. $18.00
 43        (c)  For furnishing a duplicate copy of any  Idaho  certificate  of  title
 44        ................................................................... $18.00
 45        (d)  For  issuance  or  transfer of every certificate of title on a new or
 46        used vehicle or other titled vehicle in an expedited manner (rush titles),
 47        in addition to any other fee required by this section ............ $125.00
 48        (e)  For recording a transitional ownership document, in addition  to  any
 49        other fee required by this section ............................... $125.00
 50        (f)  For furnishing a replacement of any receipt of registration ... $3.00
 51        (g)  For  furnishing copies of registration or ownership of motor vehicles
 52        or driver's license records, per  vehicle  registration,  accident  report
 53        records, title or per driver's license record ...................... $4.00
  1        Additional contractor fee, not to exceed ........................... $4.00
  2        (h)  For  services  in  searching files of vehicle or other registrations,
  3        vehicle titles, or driver's licenses per hour ..................... $10.00
  4        (i)  Placing "stop" cards in vehicle registration  or  title  files,  each
  5        ................................................................... $12.00
  6        (j)  For  issuance  of  an  assigned or replacement vehicle identification
  7        number (VIN) ...................................................... $10.00
  8        (k)  For a vehicle identification number  (VIN)  inspection  whether  con-
  9        ducted  by  a  city  or county peace officer or any other peace officer or
 10        designated agent of the state of Idaho, per inspection ............. $3.00
 11        (l)  For all replacement registration stickers, each ............... $1.00
 12        (m)  For issuing letters of temporary vehicle  clearance  to  Idaho  based
 13        motor carriers .................................................... $10.00
 14        (n)  For all sample license plates, each .......................... $12.00
 15        (o)  For filing release of liability statements .................... $2.00
 16        (p)  For  safety  and  insurance  programs  for each vehicle operated by a
 17        motor carrier ...................................................... $2.00
 18        A lesser amount may be set by rule of the board.
 19        (3)  The fees required in this section shall not apply when the service is
 20    furnished to any federal, state, county or city peace officer when  such  ser-
 21    vice is required in the performance of their duties as peace officers.
 22        (4)  The  department  may  enter into agreements with private companies or
 23    public entities to provide the services for which a fee is collected  in  sub-
 24    section  (2)(g) of this section. Such private contractor shall collect the fee
 25    prescribed and remit the fee to the department. The contractor shall also col-
 26    lect and retain the additional fee charged for his services.
 27        (5)  (a) The department shall pay three dollars ($3.00) of  the  fee  col-
 28        lected  by  a county assessor or other agent of the department as provided
 29        in subsection (2)(a) through (f) of this section, and four dollars ($4.00)
 30        as provided in subsection (2)(g) of this section, to the  county  assessor
 31        or  sheriff  of  the  county  or agent collecting such fee, which shall be
 32        deposited with the county treasurer and credited  to  the  county  current
 33        expense  fund.  The department shall pay ten dollars ($10.00) of every fee
 34        collected by a county assessor or other agent of the  department  as  pro-
 35        vided  in subsection (2)(b) through (e) of this section to the state trea-
 36        surer for deposit to the local highway  economic  investment  fund  estab-
 37        lished in section 40-717A, Idaho Code. The remainder of the fees collected
 38        as  provided  in  that  subsection  shall be paid by the department to the
 39        state treasurer and placed in the state highway fund.
 40        (b)  The fee collected under subsection (2)(k) of this section for  a  VIN
 41        inspection shall be placed in the city general fund if conducted by a city
 42        peace officer, in the county current expense fund if conducted by a county
 43        peace  officer,  shall be retained by the special agent authorized to per-
 44        form the inspection, or paid to the state  treasurer  and  placed  to  the
 45        credit of the Idaho state police if conducted by the Idaho state police or
 46        in the state highway fund if conducted by the department.
 47        (c)  The  fee  collected under subsection (2)(p) of this section for motor
 48        carriers shall be paid by the department to the state treasurer and placed
 49        in the state highway fund. The director and  the  director  of  the  Idaho
 50        state police shall jointly determine the amount to be transferred from the
 51        state  highway  fund  to the law enforcement fund for motor carrier safety
 52        programs conducted by the Idaho state police pursuant to the provisions of
 53        section 67-2901A, Idaho Code.
 54        (6)  The department as often as practicable may provide to law enforcement
 55    agencies the record of suspensions and revocations of driver licenses via  the
  1    Idaho law enforcement telecommunications system (ILETS).
  2        (7)  The  department  shall  provide  the forms prescribed in chapter 5 of
  3    this title, shall receive and file in its office in Ada  county,  all  instru-
  4    ments  required  in  chapter  5 of this title to be filed with the department,
  5    shall prescribe a uniform method of numbering certificates of title, and main-
  6    tain in the department indices for such certificates  of  title.  All  indices
  7    shall  be  by  motor  or identification number and alphabetical by name of the
  8    owner.
  9        (8)  The department shall file each registration received under a distinc-
 10    tive registration number assigned to the vehicle and to the owner thereof.
 11        (9)  The department shall not renew a driver's license  or  identification
 12    card  when  fees  required  by  law  have not been paid or where fees for past
 13    periods are due, owing and unpaid including insufficient  fund  checks,  until
 14    those fees have been paid.
 15        (10) The department shall not grant the registration of a vehicle when:
 16        (a)  The applicant is not entitled to registration under the provisions of
 17        this title; or
 18        (b)  The applicant has neglected or refused to furnish the department with
 19        the  information required in the appropriate form or reasonable additional
 20        information required by the department; or
 21        (c)  The fees required by law have not been paid, or where fees  for  past
 22        registration periods are due, owing and unpaid including insufficient fund
 23        checks.
 24        (11) The department or its authorized agents have the authority to request
 25    any person, to submit to medical, vision, highway, or written examinations, to
 26    protect  the  safety  of  the  public upon the highways. The department or its
 27    authorized agents may exercise such authority based upon  evidence  which  may
 28    include, but is not limited to, observations made.
 29        (12) The department shall revoke the registration of any vehicle:
 30        (a)  Which  the  department shall determine is unsafe or unfit to be oper-
 31        ated or is not equipped as required by law;
 32        (b)  Whenever the person to whom the  registration  card  or  registration
 33        plate  has been issued shall make or permit to be made any unlawful use of
 34        the same or permit their use by a person not entitled thereto;
 35        (c)  For any violation of vehicle registration requirements by  the  owner
 36        or operator in the current or past registration periods;
 37        (d)  Whenever  a  motor carrier requests revocation, or whenever an inter-
 38        state carrier's federal operating authority has been revoked;
 39        (e)  For failure of the owner or operator to file the reports required  or
 40        nonpayment  of  fees assessed against the owner by the department pursuant
 41        to audit under the provisions of section 49-439, Idaho Code;
 42        (f)  Identified by any city or county administering a program  established
 43        by  ordinance for the inspection and readjustment of motor vehicles (which
 44        program is part of an approved state implementation plan adopted  by  both
 45        the  state  and  federal  governments under 42 USC section 7410) as having
 46        failed to comply  with  an  ordinance  requiring  motor  vehicle  emission
 47        inspection  and readjustment; provided that no vehicle shall be identified
 48        to the department under this subsection (f) unless:
 49             (i)   The city or county certifies to the department that  the  owner
 50             of  the  motor  vehicle has been given notice and had the opportunity
 51             for a hearing concerning compliance    with  the  ordinance  and  has
 52             exhausted  all  remedies  and  appeals from any determination made at
 53             such hearing; and
 54             (ii)  The city or county reimburses the  department  for  all  direct
 55             costs associated with the registration revocation procedure.
  1        (13) The department shall not reregister or permit a vehicle to operate on
  2    a special trip permit until all fees, penalties and interest have been paid.
  3        (14) The  department shall institute educational programs, demonstrations,
  4    exhibits and displays.
  5        (15) The department shall cancel a driver's license or identification card
  6    when fees required by law have not been paid or where fees are due, owing  and
  7    unpaid including insufficient fund checks, until those fees have been paid.
  8        (16) The  department  shall examine persons and vehicles by written, oral,
  9    vision and skills tests without compulsion except as provided by law.
 10        (17) The department shall employ expert and special help as needed in  the
 11    department.
 12        (18) The  department  shall  compile  accident  statistics and disseminate
 13    information relating to those statistics.
 14        (19) The department shall cooperate with the United States in the elimina-
 15    tion of road hazards, whether of a physical, visual or mental character.
 16        (20) The department shall place and maintain traffic-control devices, con-
 17    forming to the board's manual and specifications, upon all state  highways  as
 18    it  shall  deem  necessary to indicate and to carry out the provisions of this
 19    title or to regulate, warn, or guide traffic. No local authority  shall  place
 20    or maintain any traffic-control device upon any highway under the jurisdiction
 21    of  the  department  except  by the latter's permission, except where the duly
 22    elected officials of an incorporated city have established speed limits  lower
 23    than  those  set by the department on the portion of state highways, excluding
 24    controlled-access and interstate  highways,  that  pass  through  residential,
 25    urban  or business districts within the jurisdiction of the incorporated city.
 26    The placement and maintenance of such a  traffic-control  device  by  a  local
 27    authority shall be made according to the board's manual and specifications for
 28    a uniform system of traffic-control devices.
 29        (21) The  department  may  conduct an investigation of any bridge or other
 30    elevated structure constituting a part of a highway, and if it shall find that
 31    the structure cannot with safety to itself withstand vehicles traveling  at  a
 32    speed  otherwise permissible under this title, shall determine and declare the
 33    maximum speed of vehicles which the structure can safely withstand, and  shall
 34    cause  or  permit  suitable  signs stating the maximum speed to be erected and
 35    maintained before each end of the structure.
 36        (22) Whenever the department shall determine on the basis of an  engineer-
 37    ing  and  traffic  investigation  that slow speeds on any highway or part of a
 38    highway impede the normal and reasonable movement of traffic,  the  department
 39    may  determine  and  declare a minimum speed limit below which no person shall
 40    drive a vehicle except when necessary for safe operation or in compliance with
 41    law, and that limit shall be effective when posted upon appropriate  fixed  or
 42    variable  signs, except in cases where the duly elected officials of an incor-
 43    porated city have established speed limits lower than those set by the depart-
 44    ment on portions of state highways, excluding controlled-access and interstate
 45    highways, that pass through residential, urban or  business  districts  within
 46    the jurisdiction of the incorporated city.
 47        (23) The  department shall regulate or prohibit the use of any controlled-
 48    access  highway by any class or kind of traffic which is found to be incompat-
 49    ible with the normal and safe movement of traffic.
 50        (24) The department shall erect and maintain  traffic-control  devices  on
 51    controlled-access highways on which any prohibitions are applicable.
 52        (25) Wherever  a  highway  crosses one (1) or more railroads at grade, the
 53    department or local authorities within their  respective  jurisdictions  shall
 54    place  and  maintain  stop  signs, directing vehicular traffic approaching the
 55    crossing to come to a full stop prior to entering the crossing at all railroad
  1    crossings where electric or mechanical warning signals do not exist. Placement
  2    of these stop signs shall be mandatory except when  in  the  determination  of
  3    public  highway agencies the existence of stop signs at a given crossing would
  4    constitute a greater hazard than their absence based on a recognized engineer-
  5    ing study.
  6        Nothing in this subsection shall be construed as granting immunity to  any
  7    railroad company as to liability, if any, for an accident which might occur at
  8    a  crossing  where stop signs are erected and in place, but liability, if any,
  9    shall be determined as provided by law. Liability on the part of  governmental
 10    authorities  on  account  of  absence  of any stop sign at a crossing shall be
 11    determined as provided by law.
 12        (26) The department and local  authorities  are  authorized  to  determine
 13    those portions of any highway under their respective jurisdictions where over-
 14    taking  and  passing or driving on the left side of the roadway would be espe-
 15    cially hazardous and may by appropriate signs or markings on the roadway indi-
 16    cate the beginning and end of those zones and when signs or  markings  are  in
 17    place and clearly visible to an ordinarily observant person, every driver of a
 18    vehicle shall obey those directions.
 19        (27) The  department  and  local authorities in their respective jurisdic-
 20    tions may in their discretion issue special permits authorizing the  operation
 21    upon  a  highway  of  traction  engines or tractors having movable tracks with
 22    transverse corrugations upon the periphery of the movable tracks or farm trac-
 23    tors or other farm machinery, the operation of  which  upon  a  highway  would
 24    otherwise be prohibited under this title or title 40, Idaho Code.
 25        (28) The  department and local highway authorities within their respective
 26    jurisdictions may place official traffic-control devices prohibiting, limiting
 27    or restricting the stopping, standing or parking of vehicles  on  any  highway
 28    where such stopping, standing or parking is dangerous to those using the high-
 29    way  or  where the stopping, standing or parking of vehicles unduly interferes
 30    with the free movement of traffic thereon.
 31        (29) On any informational material printed after July 1, 1995,  by  or  at
 32    the  order  of the department and distributed to counties, school districts or
 33    individuals for the purpose of assisting a person to successfully pass a  dri-
 34    ver's  license  test,  the department shall include material about the state's
 35    open range law and responsibilities, liabilities and  obligations  of  drivers
 36    driving in the open range.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE             

This proposed legislation relates to funding local highway
construction. Background: The Idaho Transportation Board (ITBoard)
currently authorizes approximately $10 million of federal-aid funding
for funding "rural" local highway agencies and approximately $10
million of federal-aid for the urban (over 5,000 population) local
public agencies program.

The rural federal-aid program currently includes $4.5 million of the
rural federal-aid authorization that is exchanged for approximately
$2.8 million of Idaho Transportation Department's highway user revenue
(fuel tax & registration), leaving about $5.5 million for rural
federal-aid projects.  

This $2.8 million of highway user revenue is used to fund the Local
Rural Highway Investment Program, a program created by the Idaho
Transportation Board.  This program is a competitive and coordinated
approach to providing funds for rural city, highway district, and
county capital projects.  The Local Highway Technical Assistance
Council manages the program and provides project selection and
administration for projects up to $100,000.  

The current "title" fee (this is not annual registration) for vehicles
is $8.00, with a $3.00 administrative fee going to the county assessor
and the remaining $5.00 to the state highway account.  Note that none
of these funds are distributed to the Local Highway Jurisdictions.

This proposal increases the title fee by $10.00 and would provide
approximately $5 million for a Local Highway Economic Investment Fund. 
This would be a stand-alone fund (similar to Restricted Highway Fund),
project selection and oversight for projects up to $100,000, and
reporting to Legislature by the Local Highway Technical Assistance

One half of the fund would be used for urban projects and one half for
rural projects.  An additional benefit would be this fund eliminates a
$2.8 million annual expenditure of state dollars by ITD by
substituting this Fund for the Local Rural Highway Investment Program. 
This returns full federal-aid funding for rural projects ($5.5 to $10

                         FISCAL IMPACT
This does not impact the state general fund.
Provides approximately $5 million in construction projects for cities,
counties, highway districts. 

Nam e: Rep. Ridinger
Phone: 332-1000
Name: J.R. VanTassel/Byron Keely - 344-0565                 H 655