WORK SESSION AND REGULAR MEETING
June 15-16, 2011
The Idaho Transportation Board met at 8:30 AM, on Wednesday, June 15, 2011, at the Idaho Transportation Department, District 3 Office in Boise, Idaho. The following principals were present:
Darrell V Manning, Chairman
Jim Coleman, Member – District 1
Janice B. Vassar, Member – District 2
Jerry Whitehead, Member – District 3
Gary Blick, Vice Chairman – District 4
Dwight Horsch, Member – District 5
Lee Gagner, Member – District 6
Brian W. Ness, Director
Larry Allen, Deputy Attorney General
Sue S. Higgins, Executive Assistant and Secretary to the Board
Chairman Manning welcomed Dwight Horsch to the Board. He thanked Member Horsch for his willingness to serve on the Board.
Legislative Proposals. Deputy Director Stokes said the advisory boards have been invited to present their legislative proposals to the Board. Staff will make its recommendation next month on which legislative concepts to submit to the Division of Financial Management.
Dealer Advisory Board (DAB) Chairman Bobby Petersen requested improvements to the requirements for potential dealers’ principal place of business. The current law is vague and does not provide sufficient guidance. The DAB also recommends defining reasonable times for the business to be open to the public.
Aeronautics Advisory Board (AAB) Chairman Rodger Sorensen presented two legislative proposals. The first concept is comprehensive airport land use, which would help protect airports from encroachments. A number of representatives from aviation associations spoke in support of the proposal. AAB Chairman Sorensen acknowledged that there may be opposition to the legislation. Outreach will be conducted with potential opponents.
The second proposal would delete the requirement for pilots to register with the Department and increase aircraft registration fees to compensate for the lost pilot registration revenue. The proposal is estimated to result in additional revenue of approximately $32,000, which would be available for activities like training and search and rescue.
Chairman Manning thanked DAB Chairman Petersen and AAB Chairman Sorensen for their presentations and for their efforts.
Alternative Contracting. Design/Materials/Construction Engineer Frances Hood reported that recent legislation enables the Department to solicit and award contracts using the design-build and construction manager/general contractor methods. Key legislative provisions require the Board to approve in advance and in writing projects that will be developed and constructed using an alternative contracting method; no more than 20% of the Department’s annual highway construction budget can be devoted to alternative contracting methods; and at least 30% of the work must be performed by the successful bidder.
A team, comprised of staff and partners from the Federal Highway Administration (FHWA) and the consulting and contracting industries, was established to determine the process to implement these alternative contracting methods. The team reported on the selection criteria established to identify projects to build via an alternative contracting method. Those considerations are project suitability; the availability, capability, and experience of potential firms; Department resources, including employing outside consultants; and other criteria deemed relevant. The team is considering using stipends for the design-build method. The solicitation and contract award processes were also outlined. The next steps include developing alternative delivery administrative processes and procedures and developing templates and forms.
Member Gagner complimented the team on its efforts.
Review of Public Transportation Planning, Programming, and Project Selection. Randy Kyrias, Transportation Performance Administrator (TPA), summarized the public transportation programs. He noted the improvements that have been made to the planning process. The 17 local mobility management networks each have their own plan and have identified a list of strategies. Funding is tied to the strategies. The local mobility managers provide information to the District Coordination Council, which recommends projects for funding to the Idaho Mobility Council. The Idaho Mobility Council is comprised of the Public Transportation Advisory Council and Interagency Working Group (IWG). The Board has final approval on the projects.
Member Gagner thanked TPA Kyrias for the informative overview.
Vehicle Investment Program (VIP) Review. The VIP was developed in 1999 as a capital-funding program, according to TPA Kyrias. The VIP combines federal, state, and local dollars to assist communities in acquiring or leasing vehicles, perform vehicle upgrades or modifications, or acquire vehicle related equipment. Approximately $312,000 in state funds are made available annually from sources other than constitutionally-dedicated revenue.
Member Coleman asked if school districts could provide transit services, particularly in rural areas. TPA Kyrias replied that the Department of Education is a member of the IWG. There have been discussions on those partnership opportunities.
Chairman Manning thanked TPA Kyrias for the information.
Federal Funding Issues. Transportation Legislation Policy Specialist Matt Moore provided a status of the federal Highway Trust Fund. Available funding is down slightly. He also summarized some of the re-authorization proposals being discussed.
State Revenue Forecast. Economics and Research Manager Doug Benzon provided an overview on the Highway Distribution Account (HDA) and historical information on ITD’s revenue. The revenue forecast for FY12 is $312.2 million, which is a 1% increase from FY11.
Draft FY13 Budget. Senior Budget Analyst Joel Drake presented the proposed FY13 budget. He summarized the impacts that realignment and zero-based budgeting had on the budget. Available funds are estimated at $574.5 million, which is a 3% increase from FY12; however, that increase is due to a cash drawdown and the FY14 available funding is expected to decrease 3.3%, to $555.6 million. Some of the appropriation requests include an additional $1.3 million for contract inflation, $232.9 million for contract construction, and $25.4 million for replacement equipment. A line item for a $912,500 increase in federal spending authority in the Office of Highway Safety is also being requested.
FY13 Road Equipment Request. Maintenance Services Manager (MSM) Steve Spoor said the replacement value of ITD’s fleet is over $194 million. The replacement criteria for road equipment are based on usage and age. Deficient equipment exceeds both of those requirements. The FY13 budget request of $10,375,000 would replace 5.6% of the fleet and 34% of the deficient road equipment. He added that the buy-back program, where equipment is purchased by bid with a guaranteed buy-back from the vendor at a stated amount of money after a specified period of time, continues to be successful.
Idaho Transportation Investment Program (ITIP). Dave Amick, Manager, Transportation Investments (MTI), presented the proposed FY12-16 ITIP, which will be available for public review and comment in July and presented to the Board for approval in September. Estimated funding for the five-year Program is $2.3 billion, with 84% dedicated to highways, including the GARVEE Program. Aeronautics would receive 13% of the funding and public transportation 3%. He noted that due to 2011 legislation, the Department of Parks and Recreation and Idaho State Police will continue to receive funding from the HDA, decreasing the available construction funds for ITD by $19 million.
The draft Program continues the suspension of the Enhancement and Congestion Mitigation/Air Quality Programs. The Rest Area Program will be suspended beginning in FY14. Reductions have been made to System Planning and the pavement preservation inflation allowance. The pavement restoration target of $50 million is fully funded. The focus is on safety, mobility, and economic vitality. Because of the efficiency of grouping projects in the Statewide Transportation Improvement Program (STIP), staff will continue this practice. MTI Amick also outlined plans for the Aeronautics, Public Transportation, and Early Development Programs.
ITIP Development. Chief Engineer (CE) Tom Cole summarized the process to select highway projects for funding. Information on available funding and program targets is provided to the Districts. They use data to prioritize projects. He explained the difference between the ideal maintenance schedule to address pavement condition and scheduling maintenance projects based on the worst-first method. Safety projects are considered on a statewide basis. These projects are also data driven. He added that if funding would be available for expansion projects, prioritization of those projects would be based on safety, mobility, and economic vitality.
Chairman Manning thanked CE Cole for the informative briefing.
Overview on Fleet Specifications and Bid Process. After ITD develops specifications for road equipment, it provides that information to vendors for review and comment, according to MSM Spoor. If appropriate, the vendors’ comments are incorporated into the specifications and the specifications are submitted to Business and Support Management, which is part of the Division of Administration.
Business and Support Manager (BSM) Kathy Chase said her office reviews the final specifications and works with MSM Spoor on the appropriate method of award. The Department of Administration, Division of Purchasing, is responsible for awarding the bid and for the appeal process. Its procedures include working closely with vendors before final award is made. It also allows ITD to review the bids and determine if the bids are responsive.
Discussion followed on the recent award of a fleet of vehicles in District 2. Some Board members were contacted by vendors that had concerns with the process. The Department of Administration’s involvement in the process was also questioned. Support was expressed to allow ITD to procure its fleets, particularly because it has personnel experienced in developing specifications and it awards contracts on multi-million dollar highway projects on a regular basis.
Review of 2006 Board Review. The Board discussed its responsibilities, direction, and effectiveness. There was some support to conduct a retreat with the Department’s Executive Team later in the year. There was a suggestion for staff to provide status reports on major initiatives, such as the Division of Motor Vehicles’ (DMV) modernization project, on a regular basis and to establish a performance measure on economic vitality. The Board believes the Department plays a vital role in the economy; however, the impacts that ITD has on the economy are not known. Member Coleman suggested conducting an economic impact analysis to determine the economic value that the Department provides.
WHEREUPON the workshop recessed at 4:55 PM.
June 16, 2011
The Board reconvened at 8:30 AM on Thursday, June 16, 2011, at the Idaho Transportation Department in Boise, Idaho. All members were present.
Board Minutes. Member Vassar made a motion to approve the minutes of the regular Board meeting held on May 18-19, 2011 as submitted. Member Gagner seconded the motion and it passed unopposed.
Board Meeting Dates. The following meeting dates and locations were scheduled:
July 13-14, 2011 – District 1
August 17-18, 2011 – District 3
September 21-22, 2011 – District 6
Consent Calendar. Vice Chairman Blick made a motion, seconded by Member Coleman, and passed unopposed, to approve the following resolution:
RES. NO. NOW THEREFORE BE IT RESOLVED, that the
ITB11-20 approves the addition of FY10 Scenic Byway project awards to FY11 of the Highway Investment Program; the addition of US-95, Wyoming Avenue Signal to FY11 of the Local Urban Program; removal of the Cherry Lane Railroad Crossing project from FY11; the advance of Bannock Transportation Planning Organization Modeling to FY11 of the Local Urban Program; and State-funded project changes to FY11 of the Highways Investment Program; and has received and reviewed the contract award information, the professional services agreements and term agreement work task report, and the speed minute entry changes for May 2011.
1) Addition of FY10 Scenic Byway Project Awards to FY11 of the Highway Investment Program. The Department submitted eight projects for funding under the FY10 National Scenic Byways Program. Four received funding. The $4,550 awarded to the Stanley Beautification Project will complete the SH-21/75 Corners project. The City of Stanley and the Sawtooth Mountain Mamas will provide the $1,550 match. The Salmon, Idaho Scenic Byways Shared Use Pathways – Phase I award of $170,225 will implement phase one of a trail system expansion effort. Matching funds of $37,000 will be provided by the City of Salmon. The Payette River National Scenic Byway Wayfinding Implementation project received $72,625 to improve the way travelers interpret, access and navigate the key sites and communities of the Byway. Matching funds of $22,357 will be provided by a number of public and private entities. A $33,131 project for the Thousand Springs Scenic Byway: Hagerman Wildlife Viewing Area will improve and enhance the existing facilities at the Hagerman Rest Area, with a number of private businesses providing the $6,627 match. Staff requested the addition of the four FY10 National Scenic Byways Program discretionary projects in the FY11 Highway Investment Program and to revise the Statewide Transportation Improvement Program (STIP) accordingly.
2) Addition of US-95, Wyoming Avenue Signal to FY11 of the Local Urban Program. The Kootenai Metropolitan Planning Organization worked with staff on a traffic signal at US-95 and Wyoming Avenue in conjunction with the widening project, US-95, Wyoming Avenue to SH-53, Hayden. Funding for the signal has been identified in the Surface Transportation Program (STP) – Local Urban Program. Staff recommends the addition of US-95, Wyoming Avenue Signal to FY11 of the STP-Local Urban Program in the amount of $740,000.
3) Remove Cherry Lane Railroad Crossing, Key #11591, from FY11 of the Federal Railroad Crossing Program. The Cherry Lane Railroad Crossing, Near Nampa project was originally programmed three years ago for $370,000. At that time, the crossing handled a significant number of train movements. Since then, the Union Pacific Railroad changed its operation, reducing train movements to one per day. Additionally, high intensity reflective sheeting has been added to the railroad cars for better visibility by motorists. Thus, the safety of the crossing has been significantly increased, resulting in Union Pacific Railroad requesting removal of the project from the Program.
4) Advance Bannock Transportation Planning Organization (BTPO) Modeling, Key #12440, to FY11 of the Local Urban Program. Because the right-of-way phase of the reconstruction of SMA-7842, A Street; 9th Street to 100 North, Rupert project, key #8700, will not be delivered in FY11, $450,000 is available. The Urban Committee recommends advancing BTPO Modeling for $350,000 from FY12 to FY11 of the STP – Local Urban Program.
5) State Funded Project Changes to FY11 of the Highway Investment Program. Nearly all of the state funded State Highway System projects have been delivered for advertising. Reduced costs of current and prior year state funded projects left an unused balance of $19.4 million in funding for the addition or advancement of projects in the FY11 Program. Staff recommends converting the construction for US-95, Sandpoint to Kootenai Cutoff, key #1509, from federal to state funding. The funding shift would enable immediate obligation of the project while minimizing possible last minute risk to full usage of the FY11 state funds by June 30, 2011. Federal funds made available by this change would be used to advance projects as part of the August federal end-of-year plan. Another recommendation is to add the SH-44 and Linder Road project, leveraging an $8 million funding partnership with Ada County Highway District. Other changes were also proposed in the June 2011 State Funded Project Plan, as shown as Exhibit 403, which is made a part hereof with like effect.
6) Contract Awards. Key #11978 – US-95, Frontage Road; Boekel to Ohio Match Road, District 1. Low bidder: Scarsella Brothers, Inc. – $2,479,224.
Key #12030 – SH-16, Willow Creek Bridge, Ada County, District 3. Low bidder: Concrete Placing Company, Inc. - $1,083,227.
Key #12471 – SH-33, Hatches Corner to Wyoming State Line, District 6. Low bidder: H-K Contractors, Inc. - $3,869,070.
Key #11669 – SH-75, Yankee Fork Ranger Station to East Fork Bridge, District 6. Low bidder: H-K Contractors, Inc. - $2,141,170.
7) Professional Services Agreements and Term Agreement Work Task Report. From May 2 through May 26, $1,617,100 in new professional services agreements and work tasks were processed. Eight supplemental agreements to existing agreements were processed in the amount of $425,500 during this period.
8) Speed Minute Entry Changes for May 2011. Due to a public request to reduce the speed limit on SH-78 at Hammett, the following minute entry for speed control zones was processed in District 3:
Beginning Ending Speed Limit
Route Milepost Milepost Old New
SH-78 97.950 98.350 50 35
Board Items. Member Coleman said he is chairing an Access Management Committee comprised of public and private sector representatives. The intent is to develop a valid access management policy and regulations that benefit all parties. The first meeting was held last month.
Chairman Manning said he provided depositions on two cases during the past month. He also met with a group interested in the development of SH-16 from SH-44 to I-84 and with the Governor’s staff.
Director’s Report. Director Ness believes the first Direct to the Director meetings were well received. The main topics of discussion were realignment, compensation, performance evaluations, accountability, and the use of consultants.
He believes the transition to central issuance of driver’s licenses is proceeding well.
Director Ness reported that Strategic Funding Specialist (SPS) Dave Tolman and GARVEE Program Manager Jason Brinkman were in New York recently to present information to the rating agencies for the next issuance of GARVEE bonds. SFS Tolman expects the ratings to be received early next week. Plans are to bond $75 million for the US-95, Garwood to Sagle project now and the remaining approximately $25 million for the extension of SH-16 early next year. He added that he believes the rate will be around 4.5%.
For the first time in approximately ten years, there will be no federal earmarks, according to Director Ness. The Federal Highway Administration has requested proposals for discretionary funding. A total of 39 proposals in Idaho, including five ITD projects, have been submitted.
A public meeting was held earlier this month on improvements to SH-55, Eagle Road. Director Ness said that after the traditional meeting was held, additional on-line meetings were conducted. This was a new approach for ITD. A future presentation will be made on the use of this technology.
Earlier this month, the Executive Team met with Dr. Tom DeCoster to identify its role and the Team’s relationship with the Leadership Team and with the Board. Dr. DeCoster will be working with staff to develop a new Strategic Plan based on the Department’s vision. New goals and performance measures will also be established.
This past year, 31 temporary employees were hired through Goodwill Staffing Services. The Department received the 2011 Goodwill Staffing Services Employer of the Year award. Cathy Spencer, Technical Records Specialist 1, expressed appreciation for the partnership that has been established with the temporary agency. She noted that the temporary employees fill a void and help improve customer service.
Director Ness reported that the I-84 East Community Relations Program won the American Road and Transportation Builders’ Association Pride Award. He congratulated the Connecting Idaho Partners and staff from the GARVEE Office and District 3 for their efforts.
Director Ness asked Roadway Design Engineer (RDE) Nestor Fernandez to make the next presentation. RDE Fernandez said he represents the Department on the American Association of State Highway and Transportation Officials’ Subcommittee on Design. The Subcommittee presented an award to one of ITD’s longer-serving employees, Lotwick Reese. Reese, the Department’s Hydraulics Engineer, was recognized for his outstanding achievement in the roadway design field.
DDIR Stokes said a number of new appointments have been made to the Idaho Traffic Safety Commission. The new group met recently. Establishing a primary seat belt law will be one of its focus areas. DDIR Stokes also noted that year to date, highway fatalities are down from a year ago.
Semi-annual Report on Local Highway Technical Assistance Council (LHTAC) Stimulus Projects. LHTAC Administrator Lance Holmstrom reported that over $17 million was allocated from the Governor’s Discretionary Title XIV of the American Recovery and Reinvestment Act (ARRA) to LHTAC in 2009. In 2010, 21 projects were constructed. Fifteen of the sixteen projects to be constructed in 2011 have been bid. Over $10 million has been spent to date. LHTAC Administrator Holmstrom said he is confident that the ARRA deadlines will be met.
Chairman Manning thanked LHTAC Administrator Holmstrom for the update.
Monthly Financial Statements and Highway Program Obligations. MTI Amick reported that almost $199 million had been obligated as of May 31, or about 67% of the project costs in the current STIP. At the same time last year, nearly $266 million had been obligated, or 62%.
Controller Gordon Wilmoth said FHWA Indirect Cost Allocation revenue through April was $40,875,000, which exceeded the projected amount of $21,175,000. Miscellaneous state funded revenue of $26,398,000 was $527,000 below the forecast. HDA revenue, excluding ethanol exemption elimination, was $150,931,000. The projected revenue was $148,331,000. Revenue from the ethanol exemption elimination was $12,819,000, which was 1.5 % below the projected amount. Revenue from the Equipment Buy Back Program was $11,345,400.
Revenue to the State Aeronautics Fund from aviation fuels was $1,449,200, or $225,300 above projections. Total expenditures in the ARRA Title XII Fund for highway projects were $154,858,000, while $178,800,000 had been appropriated. Expenditures for public transportation were $6,451,000 of the $9,200,000 available. Of the $17,400,000 LHTAC-administered ARRA Title XIV funds, $10,042,000 had been expended.
Vendor Procurement Process. Motor Vehicle Administrator (MVA) Alan Frew said the best value method was used to secure the vendor for the DMV modernization project. Requests for proposals were issued with three responses received. Filters, such as risk, how those risks would be mitigated, and cost, were used in the review process. The process allowed staff to meet with the vendors. The initial vendor selected was later deemed unresponsive. A contract was signed with the second vendor. The contract clearly defines the scope of work and cost. The vendor will provide regular performance reports to the Department.
Chairman Manning thanked MVA Frew for the presentation.
Update on Performance Management System Project. Chief Human Resources Officer (CHRO) Mary Harker provided an update on the employee performance management system. The intent of the new system is to align individual goals with the organizational goals. It will standardize the rating criteria; establish accountability for timely appraisals; enable supervisors and subordinates to co-contribute progress documentation; provide a simple, straightforward tool; and report organizational progress. Some of the expected outcomes and results are clearly understood expectations, visible results from contributions, and continuous improvement in the talent and skills of the workforce. The schedule is to procure a vendor by August and implement the system by November. Training would then be conducted and the system should be ready for use by February 2012.
Member Vassar believes this is big undertaking and she expressed support for this project. Chairman Manning thanked CHRO Harker for the update on this important project.
US-95 Commercial Vehicle Off-Tracking Analysis. District 3 Engineer Dave Jones reported on a recent review of off-tracking restrictions on US-95 between Council and Grangeville. He acknowledged the JR Simplot Corporation and Western Trailers for providing a test vehicle for the analysis. The conclusion was that all of the off-tracking distances were relatively minor. District 3 has included two projects in the draft STIP to address off-tracking issues in Council and north of Smokey Boulder Road. Districts 2 and 3 will also evaluate the scope and cost for state forces to make minor corrections in a timelier manner, assuming budgets and environmental protection issues allow this.
Revisions to Board Policy B-09-06, State Highway System Adjustments. CE Cole proposed revisions to Board Policy B-09-06, Adjustments to the State Highway System. To improve coordination with local public agencies on state highway system adjustments when new alignments or alternate routes are being considered, language is being added to the policy instructing staff to negotiate with the appropriate local public agency on the relinquishment of the old route prior to approving the new project in the STIP. This will enable staff to negotiate with the appropriate local officials when ITD has leverage, which is before an alternate route or bypass is constructed. Other minor changes, including updating Idaho Code references and modifications due to Departmental re-alignment, are also proposed. CE Cole said the Board Subcommittee on Adjustments to the State Highway System supports the revisions.
Member Gagner made a motion, seconded by Vice Chairman Blick, and passed unopposed, to approve the following resolution:
RES. NO. WHEREAS, Board Policy B-09-06, State Highway System Adjustments, is being
ITB11-21 revised to incorporate local highway jurisdictions on proposed state highway adjustments; and
WHEREAS, the Board Subcommittee on State Highway System Adjustments recommends full Idaho Transportation Board approval.
NOW THEREFORE BE IT RESOLVED, that the Board approves revisions to Board Policy B-09-06.
Draft FY12 Strategic Plan. DDIR Stokes presented the draft FY12 Strategic Plan, which needs to be submitted to the Division of Financial Management by July 1. The document outlines the strategic planning components incorporating the mission, vision, long-range goals, and objectives. These components are supported by the accountability and performance elements that drive the Department’s investment plan.
Member Vassar noted that economic vitality is not included in the plan. She believes that is an important component that needs to be added. Discussion followed on the important goal of economic vitality and the need to determine the financial impacts ITD has on the economy and to publicize that information. Without objection, the Board agreed to revise the resolution to incorporate information on economic vitality in the FY12 Strategic Plan.
Member Vassar made a motion, seconded by Member Whitehead, and passed unopposed, to approve the following resolution:
RES. NO. WHEREAS, Sections 67-1903 and 67-1904, Idaho Code require the Idaho
ITB11-22 Transportation Department’s administrative head to submit annually, not later than July 1st, to the Division of Financial Management (DFM), a strategic plan for program activities; and
WHEREAS, in 1997 DFM reviewed and approved a “summary” format of the Department’s FY98 Strategic Plan as being an acceptable submittal; and
WHEREAS, the Department develops and distributes internally in October an expanded version of the summary.
NOW THEREFORE BE IT RESOLVED, that the Idaho Transportation Board approves submittal of the FY12 Strategic Plan Summary to DFM on July 1, 2011; and
BE IT FURTHER RESOLVED, that information on economic vitality be incorporated into the Strategic Plan prior to submittal.
Revisions to IDAPA 39.02.03, Rules Governing Vehicle Dealer’s Principal Place of Business. Daryl Marler, Dealer Investigation Supervisor, requested revisions to the Rules Governing Vehicle Dealer’s Principal Place of Business as a result of Senate Bill 1061 enacted during the 2011 session. Modifications will allow vehicle dealers to maintain records electronically or in hard copy and will permit records to be stored off-site. Other changes proposed include increasing the size of display signs to a minimum of four inches and eliminating the requirement of a “hard-mount” telephone. The DAB has approved these changes.
Member Gagner made a motion, seconded by Member Whitehead, and passed unopposed, to approve the following resolution:
RES. NO. WHEREAS, the Idaho Transportation Board has the authority to approve
ITB11-23 requested changes to Administrative Rules; and
WHEREAS, the Board finds the requested changes to the Administrative Rule provides clarification and updates procedures to the Rules Governing Vehicle Dealer’s Principal Place of Business provisions.
NOW THEREFORE BE IT RESOLVED, that the Board approves the recommended changes to Administrative Rule IDAPA 39.02.03, Rules Governing Vehicle Dealer’s Principal Place of Business provisions which defines principal place of business requirements for the record keeping systems required by the Idaho Transportation Department for licensed vehicle dealers. Provides criteria for record types and allows records to be kept electronically or physically. Allows for files to be kept off-site upon 30 day notification to the Department, with the provision that records must be produced within three business days upon request of the Department. Provides that the electronic records must be kept secure and in such a manner that they cannot be altered, and prevents unauthorized access. Provides for telephone criteria and updates this requirement to current technology. Complies with Senate Bill 1061 passed during the 2011 legislative session; and
BE IT FURTHER RESOLVED, that the Board directs staff to promulgate a temporary rule making it effective July 1, 2011 and proceed concurrently with regular rule making for consideration in the 2012 session.
Revisions to IDAPA 39.02.47, Rules Governing Revocation of Registration for Failure to Comply with Emission Inspection Ordinance. Motor Vehicle Unit Supervisor Carolyn Watts requested repealing the Rule Governing Revocation of Registration for Failure to Comply with Emission Inspection Ordinance. House Bill 326 enacted in 2011 eliminated the Department’s authority to require repayment of registration fees for vehicle owners whose registration had been revoked for failing to obtain an emission test.
Member Whitehead made a motion, seconded by Member Vassar, and passed unopposed, to approve the following resolution:
RES. NO. WHEREAS, the Idaho Transportation Board has the authority to approve
ITB11-24 requested changes to Administrative Rules; and
WHEREAS, the Board finds the request to repeal this Administrative Rule to be in order with House Bill 326, wherein registration fees are no longer required for reinstatement of vehicle revocations for failure to comply with emission inspection ordinances, therefore effectively making this rule null and void.
NOW THEREFORE BE IT RESOLVED, that the Board approves the recommended action to repeal Administrative Rule IDAPA 39.02.47, Rules Governing Revocation of Vehicle Registration for Failure to Comply with Emission Inspection Ordinance; and
BE IT FURTHER RESOLVED, that the Board directs staff to promulgate a proposed repeal of this rule and proceed with regular rule making for consideration in the 2012 session.
Revisions to IDAPA 39.02.73, Rules Governing Accident Prevention Course. Driver Services Manager (DSM) Ed Pemble requested amending IDAPA 39.02.73 to add requirements for certain on-line accident prevention courses. Currently, there are 16 on-line accident prevention course providers with nine more requesting approval. It is a time-consuming process to review the course for approval, including taking the six hour minimum course. An initial on-line course review requires an estimated 40 hours and a periodic review of an existing on-line course takes approximately 20 hours.
DSM Pemble recommends establishing a $1,000 non-refundable fee for initial applications for new on-line accident prevention courses and a $500 renewal fee every two years. The fees would cover the cost of the course review and would only be applied to on-line courses requiring approval by the Department. Fees would not apply to courses sponsored by any Idaho state agency, any publically funded educational institution within the state of Idaho, nor any unit of government within the state of Idaho. Approval priority will be placed on new course applications submitted by entities wholly owned and operated within the state of Idaho and the courses must be open to the public.
In response to Member Gagner’s question on developing a standardized test, DSM Pemble replied that not all on-line courses require ITD approval. The American Automobile Association, the National Safety Council, and American Association of Retired People provide courses that do not require ITD approval. It would presumably be controversial to determine which course to use as the standardized course.
Chairman Manning questioned the preferential treatment to in-state providers. DSM Pemble explained that the in-state providers’ courses would be reviewed first and then out-of-state providers. DAG Allen stated the proposed processing of applications is probably legally defensible.
Vice Chairman Blick suggested limiting the number of on-line providers.
Without objection, the Board held the request to revise IDAPA 39.02.73.
Revisions to IDAPA 39.02.75, Rules Governing Names on Driver’s Licenses and Identification Cards. Lynn Rhodes, Driver’s License Program Supervisor, requested revisions to IDAPA 39.02.75 to disallow the issuance of a driver license in one name and an identification card in another name. This would prevent the creation of two identities for one individual. The revision also provides for name formatting flexibility that aligns with current cultural practices and additional formatting procedures for long, complex names.
Member Vassar made a motion, seconded by Member Horsch, and passed unopposed, to approve the following resolution:
RES. NO. WHEREAS, driver licenses and state-issued identification cards are relied upon to
ITB11-25 verify an individual’s true identity; and
WHEREAS, IDAPA 39.02.75 does not currently specify that an individual cannot have a driver’s license and an identification card in different names; and
WHEREAS, individuals who marry or divorce may change their name on a driver’s license or identification card, but not both cards; and
WHEREAS, individuals who marry or divorce have an increasing variety of name formats and name formatting preferences; and
WHEREAS, it is necessary to provide standards for Idaho Transportation Department name formatting procedures; and
WHEREAS, the Division of Motor Vehicles’ (DMV) modernization standards require that there be one name (one-person/one-record) on file for each individual in the DMV’s automated system.
NOW THEREFORE BE IT RESOLVED, temporary and regular rulemaking is approved through the normal legislative process to revise IDAPA 39.02.75 to provide for additional name formatting standards and prohibit an individual from possessing a driver’s license and an identification card in different names.
Revisions to IDAPA 39.03.01, Rules Governing Definitions, and 39.03.16, Rules Governing Oversize Permits for Non-reducible Vehicles and/or Loads. Due to the passage of House Bill 228 in the 2011 legislative session, Vehicle Size and Weight Specialist Regina Phipps requested revisions to two rules. In addition to changes to definitions in IDAPA 39.03.01, the overall length limit in the extra length definition is being updated from 105 feet to 115 feet. Revisions to IDAPA 39.03.16 include additional exemptions for implements of husbandry, increasing the trailer width from 9 feet to 10 feet to haul a non-reducible load smaller than the trailer, deleting the reference of 10 minutes for traffic delays to eliminate confusion regarding traffic delays and what time constraints apply, and eliminating the reference of nothing wider than 24 feet allowed on the interstate.
Vice Chairman Blick made a motion, seconded by Member Whitehead, and passed unanimously, to approve the following resolution:
RES. NO. WHEREAS, the Idaho Transportation Board has authority to approve requested
ITB11-26 changes to Idaho Transportation Department rules; and
WHEREAS, the Board finds the changes to IDAPA 39.03.01 necessary due to legislative changes and for the industry within Idaho.
NOW THEREFORE BE IT RESOLVED, that the Board approves the following rule to be submitted for change: 39.03.01, Rules Governing Definitions Regarding Overlegal Permits: added the definition of designated agent, moved the definition of escort vehicle to pilot vehicle, updated the overlength limit in the extra length definition; and added a definition for overall length; and
BE IT FURTHER RESOLVED, that the Board approves the request to submit the changes as listed above for Rule 39.03.01 and directs staff to promulgate a temporary rule effective July 1, 2011 and concurrently proceed with the regular rule making process.
Vice Chairman Blick made a motion, seconded by Member Whitehead, and passed unanimously, to approve the following resolution:
RES. NO. WHEREAS, the Idaho Transportation Board has authority to approve requested
ITB11-27 changes to Idaho Transportation Department rules; and
WHEREAS, the Board finds the changes to IDAPA 39.03.16 necessary due to legislative changes and for the industry within Idaho.
NOW THEREFORE BE IT RESOLVED, that the Board approves the following rule to be submitted for change: 39.03.16, Rule Governing Oversize Permits for Non-reducible Vehicles and/or Loads. Add the following additional exemptions for implements of husbandry based on changes to Idaho Code with House Bill 228 except when the farmer or their designated agents transporting implements of husbandry and equipment for the purpose of a) the repair or maintenance of such implements of husbandry and equipment when traveling between a farm and a repair or maintenance facility during daylight hours; or b) the purchase or sale of such implements of husbandry or equipment when traveling between a farm and a dealership, auction house or other facility during daylight hours. Change the allowed trailer width from 9 feet to 10 feet that will be allowed to haul a non-reducible load smaller than the trailer. Delete the reference of 10 minutes for traffic delays to eliminate any and all confusion in regards to traffic delays and what time constraints apply. Eliminate the current 24 feet maximum width restriction on interstates; and
BE IT FURTHER RESOLVED, that the Board approves the request to submit the changes as listed above for Rule 39.03.16 and directs staff to promulgate a temporary rule effective July 1, 2011 and concurrently proceed with the regular rule making process.
Executive Session on Personnel and Legal Issues. Member Gagner made a motion to meet in executive session at 12:35 PM to discuss personnel and legal issues as authorized in Idaho Code Section 67-2345(b) and (f). Member Coleman seconded the motion and it passed 6-0 by individual roll call vote.
The Board reviewed the proposed re-alignment of the Department. DAG Allen noted the delegated authority the Director has on personnel matters and that the Board should continue to be apprised of and review the re-alignment plans. It also held discussions on personnel matters related to the evaluation of a public officer and the disciplining of employees.
A discussion was held on legal matters related to the operation of the state highway system; environmental issues related to highway construction; litigation against ITD on employment-related matters; arbitration scheduled on a construction case; and interpretation of Idaho Code 67-5726.
The Board came out of executive session at 2:30 PM. No final actions or decisions were made.
WHEREUPON, the Idaho Transportation Board’s regular monthly meeting officially adjourned at 2:30 PM.
DARRELL V MANNING, Chairman
Read and Approved
July 14, 2011
Coeur d’Alene, Idaho