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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 Legislature. 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 2 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 3 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 4 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. 5 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 6 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 RS13891 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 Council. 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 million) FISCAL IMPACT This does not impact the state general fund. Provides approximately $5 million in construction projects for cities, counties, highway districts. CONTACT: Nam e: Rep. Ridinger Phone: 332-1000 Name: J.R. VanTassel/Byron Keely - 344-0565 H 655