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Maintaining Idaho Roads and Bridges
Track Bills That Make a Difference
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Amends existing law to revise provisions regarding limitations on taxing district budgets
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Amends existing law to revise provisions regarding professional service contracts.
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Adds to existing law to provide for the protection of certain monuments and memorials.
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Adds to existing law to provide a sales tax rebate on certain road construction materials.
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Amends existing law to revise provisions regarding construction and maintenance of railroad grade crossings.
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Amends existing law regarding sidewalks to allow for wider sidewalks or side paths if necessary.
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Attorney General Weighs in
Constitutionality of HB90
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On February 9th, just after the House passed HB90 (formerly HB65), the legislation on Monuments and Memorials, Deputy Attorney General Brian Kane issued an opinion. "This bill's procedure for approving and denying the mandated requests, legislative concurrent resolutions, likely has no legal effect and is therefore unenforceable." In addition, the opinion states that, "HB 90 may also violate constitutional prohibitions on local or special laws. Further, given the lack of definition of certain terms, HB 90 may implicate First Amendment concerns."
The bill states that no monument or memorial erected on State property may be relocated, removed, disturbed, or altered without approval of the Idaho Legislature by way of a Concurrent Resolution. The Idaho Constitution, under Article III, Section 19 on "local or special laws," forbids the Legislature from "changing the names of persons or places."
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Rebate of Certain Sales and Use Taxes
HB112
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On Tuesday, a new piece of legislation was introduced that adds to existing law to provide a sales tax rebate on certain road construction materials.
In the statement of purpose this legislation "provides a mechanism for governmental agencies to receive a rebate for sales and use taxes that are sometimes collected and paid on road materials used in the construction, repair or replacements of highways, streets, roads and or alleys."
"Currently, sales and or use taxes are collected differently on road materials depending upon who owns the vehicles that are placing the road materials on the ground. Consequently, monies that are set aside for transportation are being funneled off and deposited into the general fund. This legislation will help to ensure that monies designated for transportation get used for transportation."
The fiscal impact to the General Fund will be an approximate $12,000,000 reduction. However, the impact to local highway districts and other governmental agencies that build and maintain roads will be an approximate $12,000,000 increase.
The Idaho Association of Highway Districts supports this legislation.
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HB 53 Dies in House Floor Vote
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House bill 53, the legislation that would end the requirement for government agencies in Idaho to publish notices in the newspaper and allow them to publish on their website or in the newspaper, died on the House floor on Wednesday. The vote was 32-38.
This is the fifth time in as many years that this legislation has come forward all with the same outcome.
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Sidewalk and Side Path Widths
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House bill 131, introduced this week amends existing law regarding sidewalks to allow for wider sidewalks or side paths if necessary.
Currently, the law prohibits County and Highway District Commissioners from developing sidewalks and side paths greater than eight (8) feet outside city limits.
The purpose of the legislation is to give "local highway jurisdictions the authority to develop uniform width sidewalks and side paths within a project and/or within a transportation corridor."
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Who Maintains Railroad Grade Crossings?
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House bill 130 was introduced by Ada County Highway District lobbyist Jason Kreizenbeck, on Wednesday. This legislation is intended to make it the responsibility of railroads to construct and maintain roads and highways at crossings, the full width of their right-of-way.
According to the Statement of Purpose, "currently, railroads are required to construct and maintain roads and highways at crossings only between the rails and not less than two feet outside the outer rails. Railroads typically possess right-of-way significantly beyond the outer rails and in order to construct and maintain roads and highways within this railroad right-of-way, the state and public road agencies must obtain permission of the railroad, often subject to onerous and burdensome terms and conditions."
This legislation would save state and local road agencies money as railroads will be responsible to construct and maintain portions of roads and highways within railroad right-of-way.
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Association of Highway Districts
Plans Visit to the Capitol
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Next Thursday, February 18th members of the Idaho Association of Highway Districts will be visiting the Capitol. These members are from across the state and travel to Boise to meet with their district legislators and the Governor to discuss local road and bridge issues in their jurisdiction.
Appointments have been set with legislators from their districts, but if other legislators are interested in meeting with an association member, please reach out to the association at [email protected] to set an appointment.
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25 States Introduce Transportation Funding Bills
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By: Carolyn Kramer
"State legislators in half the country introduced 61 transportation funding measures during January, according to ARTBA’s Transportation Investment Advocacy Center (ARTBA-TIAC). They are seeking to bridge construction and repair revenue shortfalls"...read more
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House Transportation Committee
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Senate Transportation Committee
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How to Contact Your Legislator
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There are several ways to contact your legislator.
Click the button to find out who your representative is. It's easy, just put in your address.
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Send them an email directly, or contact the Legislative Information Center. They will take a message to your legislator.
E-mail must contain the sender’s name and address. To help us forward your message appropriately, please include your legislator’s name and/or legislative district.
Phone Numbers: (session only)
Hearing Impaired: 800-626-0471
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