Print Friendly HOUSE BILL NO. 655 – Local Hwy Economic Investmnt Fund
HOUSE BILL NO. 655
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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 655
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO THE LOCAL HIGHWAY TECHNICAL ASSISTANCE COUNCIL; AMENDING SECTION
3 40-717, IDAHO CODE, TO PROVIDE A CODE REFERENCE; AMENDING CHAPTER 7, TITLE
4 40, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 40-717A, IDAHO CODE, TO
5 CREATE THE LOCAL HIGHWAY ECONOMIC INVESTMENT FUND, TO PROVIDE MONEYS FOR
6 THE FUND FROM INCREASES IN MOTOR VEHICLE CERTIFICATE OF TITLE FEES, TO
7 PROVIDE FOR APPORTIONMENT OF MONEYS FROM THE FUND, TO PROVIDE FOR USE OF
8 MONEYS AND TO REQUIRE ANNUAL REPORTING TO THE GERMANE COMMITTEES OF THE
9 IDAHO LEGISLATURE; AND AMENDING SECTION 49-202, IDAHO CODE, TO INCREASE
10 CERTAIN FEES AND TO PROVIDE FOR DEPOSIT OF THE ADDITIONAL REVENUE TO THE
11 LOCAL HIGHWAY ECONOMIC INVESTMENT FUND.
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:
15 40-717. DEPOSIT AND DISBURSEMENT OF FUNDS OF THE LOCAL HIGHWAY TECHNICAL
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
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
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
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
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
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
This does not impact the state general fund.
Provides approximately $5 million in construction projects for cities,
counties, highway districts.
Nam e: Rep. Ridinger
Name: J.R. VanTassel/Byron Keely - 344-0565 H 655