House File 41 - Introduced HOUSE FILE 41 BY SALMON A BILL FOR An Act relating to the department of transportation consulting 1 with municipal governing bodies about the alteration of 2 municipal extensions of primary roads. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1089YH (2) 88 ns/rh
H.F. 41 Section 1. Section 306.4, subsection 4, paragraph a, Code 1 2019, is amended to read as follows: 2 a. Jurisdiction and control over the municipal street system 3 shall be vested in the governing bodies of each municipality; 4 except that the department and the municipal governing body 5 shall exercise concurrent jurisdiction over the municipal 6 extensions of primary roads in all municipalities. When 7 concurrent jurisdiction is exercised, the department shall 8 consult with the municipal governing body as to the kind and 9 type of construction, reconstruction, repair, and maintenance 10 and the two parties shall enter into agreements with each other 11 as to the division of costs thereof. When the department 12 consults with a municipal governing body as required by this 13 paragraph, the department shall not present to the municipal 14 governing body, or encourage the municipal governing body to 15 adopt, a plan to alter a municipal extension having four or 16 more lanes designated for moving traffic in such a way that 17 the extension would have only one lane designated for traffic 18 moving in one direction, one lane designated for traffic moving 19 in the opposite direction, and a middle lane designated for 20 left turns from either direction, with other portions of the 21 extension designated for parking spaces or bicycle lanes. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 Under current law, the department of transportation (DOT) 26 and a municipal governing body exercise concurrent jurisdiction 27 over municipal extensions of primary roads in the municipality. 28 The DOT is required to consult with the municipal governing 29 body as to the kind and type of construction, reconstruction, 30 repair, and maintenance of the extension and both parties are 31 required to enter into agreements with each other as to the 32 division of costs. When the DOT consults with a municipal 33 governing body, this bill prohibits the DOT from presenting 34 to the municipal governing body, or encouraging the municipal 35 -1- LSB 1089YH (2) 88 ns/rh 1/ 2
H.F. 41 governing body to adopt, a plan to alter a municipal extension 1 having four or more lanes designated for moving traffic in such 2 a way that the extension would have only one lane designated 3 for traffic moving in one direction, one lane designated for 4 traffic moving in the opposite direction, and a middle lane 5 designated for left turns from either direction, with other 6 portions of the extension designated for parking spaces or 7 bicycle lanes. 8 -2- LSB 1089YH (2) 88 ns/rh 2/ 2