View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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 CROSSINGPUBLIC 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 crossingpublic 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 CROSSINGPUBLIC SAFETY AND 30 PROTECTION ACCOUNTFUND. 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 crossingpublic safety and protection 33 accountfund. 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 crossingpublic 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 crossingpublic 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 crossing25 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 crossingpublic safety and protection 43 accountfund, 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