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S1285.....................................................by TRANSPORTATION
SAFE ROUTES TO SCHOOL - Amends existing law to provide additional
responsibilities concerning public safety; to rename the Railroad Grade
Crossing Protection Fund as the Public Safety and Protection Fund; and to
designate a portion of the fund for public safety projects identified as
"safe routes to school."
02/06 Senate intro - 1st rdg - to printing
02/09 Rpt prt - to Transp
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1285
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC SAFETY AND PROTECTION; AMENDING SECTION 62-304A, IDAHO
3 CODE, TO PROVIDE ADDITIONAL RESPONSIBILITIES CONCERNING PUBLIC SAFETY AND
4 TO RENAME THE RAILROAD GRADE CROSSING PROTECTION FUND; AMENDING SECTION
5 62-304B, IDAHO CODE, TO RENAME THE RAILROAD GRADE CROSSING PROTECTION
6 FUND; AMENDING SECTION 62-304C, IDAHO CODE, TO DESIGNATE A PORTION OF THE
7 FUND TO PURPOSES OF PUBLIC SAFETY PROJECTS IDENTIFIED AS "SAFE ROUTES TO
8 SCHOOL"; AND AMENDING SECTION 62-304D, IDAHO CODE, TO RENAME THE RAILROAD
9 GRADE CROSSING PROTECTION FUND.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 62-304A, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 62-304A. CREATION OF RAILROAD GRADE CROSSING PUBLIC SAFETY AND PROTECTION
14 FUND. In order to promote the public safety at railroad grade crossings and
15 public streets, roads or highways, and to extend safety and protection to
16 school children in transit from home to school, and to provide for the payment
17 of all or part of the costs of installing, reconstructing, maintaining or
18 improving automatic or other safety appliances, signals or devices at railroad
19 grade crossings of public streets, roads or highways over the tracks of any
20 railroad company or companies, or to establish or improve safe routes to
21 school, or to support public education and safety programs which promote
22 awareness of public safety at railroad grade crossings of public streets,
23 roads or highways, and provide education to students concerning their safe
24 transit from home to school, there is hereby created in the dedicated fund in
25 the state treasury a fund to be known as the railroad grade crossing public
26 safety and protection fund.
27 SECTION 2. That Section 62-304B, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 62-304B. ADMINISTRATION OF THE RAILROAD GRADE CROSSING PUBLIC SAFETY AND
30 PROTECTION ACCOUNT FUND. Subject to the provisions of section 62-304, Idaho
31 Code, the Idaho transportation department is charged with sole and exclusive
32 administration of the railroad grade crossing public safety and protection
33 account fund.
34 SECTION 3. That Section 62-304C, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 62-304C. APPORTIONMENT OF COSTS. The Idaho transportation department
37 shall follow federal guidelines on such grade crossing improvement projects as
38 are to be funded in whole or in part under any federal act, and where the
39 project is not funded entirely by federal funds, the Idaho transportation
2
1 department may use moneys in the railroad grade crossing public safety and
2 protection fund to pay all or a portion of the matching funds required.
3 On projects where federal-aid funds are not being utilized in whole or in
4 part, the Idaho transportation department shall apportion the entire cost of
5 the engineering, installation, reconstruction or improvement of any signal or
6 device as described in section 62-304A, Idaho Code, between the railroad com-
7 pany or companies and the Idaho transportation department or the local author-
8 ity, in proportion to the respective benefits to be derived. The Idaho trans-
9 portation department may use moneys in the railroad grade crossing public
10 safety and protection fund to pay all or a portion of the cost apportioned to
11 the Idaho transportation department or local authority involved.
12 The railroad company or companies owning the track or tracks upon which
13 the improvement shall be made shall perform all construction and maintenance
14 of the signals or devices and shall be reimbursed for such part of said costs
15 not to be borne by it, but in allocating said costs and dividing the same
16 among the parties involved, the Idaho transportation department shall limit
17 the amount to be charged against the railroad company or companies to a maxi-
18 mum of ten percent (10%) of the total cost of such construction, unless the
19 crossing is a new one proposed by the railroad company or companies, in which
20 case the entire cost of construction shall be apportioned to said railroad
21 company or companies.
22 Upon application to the Idaho transportation department, and with the
23 approval of the Idaho transportation board, a maximum of twenty-five thousand
24 dollars ($25,000) annually may be provided from the railroad grade crossing
25 public safety and protection fund to support public education and safety pro-
26 grams which promote awareness of public safety at railroad grade crossings of
27 public streets, roads or highways over the tracks of any railroad company or
28 companies.
29 In each fiscal year, one-third (1/3) of the annual allocation, or not less
30 than eighty-five thousand dollars ($85,000), in the public safety and protec-
31 tion fund shall also be allocated by the Idaho transportation department to
32 projects identified as "safe routes to school." This allocation shall be
33 funded in addition to any federal funds that may be directed to projects iden-
34 tified as "safe routes to school." The transportation department shall estab-
35 lish criteria for grants from the fund for safe routes to school including,
36 but not limited to, demonstrated need and potential for reducing child inju-
37 ries and fatalities.
38 SECTION 4. That Section 62-304D, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 62-304D. ESTABLISHING PRIORITIES FOR HAZARDOUS RAILROAD LOCATIONS --
41 ACCIDENT REPORTS TO BE FILED WITH IDAHO TRANSPORTATION DEPARTMENT. In its
42 administration of the railroad grade crossing public safety and protection
43 account fund, the Idaho transportation department shall establish a priority
44 rating for railroad crossings, assigning priority first to the most hazardous
45 railroad crossing locations, giving proper weight to traffic volume over such
46 crossings by school buses and vehicles transporting dangerous commodities and
47 if the Idaho transportation department determines from all of the evidence
48 that public safety does not require installation of protective signals or
49 devices at a crossing under consideration, it may refuse to order the instal-
50 lation of signals or devices or may defer their installation until more haz-
51 ardous crossings have been protected. Every railroad company shall file with
52 the Idaho transportation department a copy of each report of accident which is
53 filed with the Idaho public utilities commission pursuant to the provisions of
3
1 section 61-517, Idaho Code, for the Idaho transportation department to con-
2 sider in making its determination. No part of any report filed with the Idaho
3 transportation department as required in this section, or of any record, or a
4 copy thereof, of any hearing held under the provisions of this act or of the
5 determination provided for in this section and no finding, conclusion or
6 order made by the Idaho transportation department in the administration of
7 this act shall be used as evidence in any trial, civil or criminal, arising
8 out of an accident at or in the vicinity of any crossing prior to installation
9 of signals or other warning devices pursuant to an order of the Idaho trans-
10 portation department as a result of any such investigation or proceeding.
STATEMENT OF PURPOSE
RS 13897C1
A statewide Safe Routes to School program will benefit the
children of Idaho. Children are our most precious resource
and the protection of their well being should be our highest
priority. To enhance the well being of our children this
legislation will provide funds for a Safe Routes to School
grant program using a portion of existing funds in the Idaho
Transportation Railroad Grade Crossing Protection Fund.
A statewide Safe Routes to School program will encourage
children to walk to school resulting in a reduction in public
school transportation costs, relieving traffic congestion in
our neighborhoods and near our schools, and alleviating unsafe
conditions near our public schools. To accomplish these goals this
legislation reserves one third of the annual allocation, but not
less than eighty-five thousand dollars ($85,000), in the newly
named Public Safety and Protection Fund (formerly the Railroad
Grade Crossing Protection Fund) to Safe Routes to School projects.
The Idaho Transportation Department is directed to establish criteria
for Safe Routes to School grants based on (but not limited to)
demonstrated need and potential for reducing child injuries and
fatalities.
FISCAL IMPACT
The Idaho Transportation Department estimates that they will require
$29,000 annually to fund a part time grant administrator for the Safe
Routes to School program.
Contact:
Name: Sen. Elliot Werk
Phone: 332-1000
Rep. Janet Miller
STATEMENT OF PURPOSE / FISCAL NOTE S 1285