2004 Legislation
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SENATE BILL NO. 1285 – Safe routes to school, funding

SENATE BILL NO. 1285

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                    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