Text: H08462                            Text: H08464
Text: H08400 - H08499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 8463

Amendment Text

PAG LIN
  1  1    Amend the amendment, H-8422, to Senate File 2228,
  1  2 as passed by the Senate as follows:
  1  3    #1.  By striking page 1, line 5 through page 7,
  1  4 line 37 and inserting the following:
  1  5    "Section 1.  Section 307A.2, subsection 14A, Code
  1  6 2001, is amended to read as follows:
  1  7    14A.  Annually recalculate the construction and
  1  8 maintenance needs of roads under the jurisdiction of
  1  9 each county to take into account the needs of a road
  1 10 whose jurisdiction has been transferred from the
  1 11 department to a county or from a county to the
  1 12 department during the previous year.  The
  1 13 recalculation shall be reported by January 1 of the
  1 14 year following the transfer and shall take effect the
  1 15 following July 1 for the purposes of allocating moneys
  1 16 under sections section 312.3 and 312.5.
  1 17    Sec. 2.  Section 309.10, Code 2001, is amended to
  1 18 read as follows:
  1 19    309.10  USE OF FARM-TO-MARKET ROAD FUND ACCOUNT.
  1 20    1.  Notwithstanding section 310.4, if the board of
  1 21 supervisors of a county does not plan to utilize its
  1 22 farm-to-market road fund account allocation for the
  1 23 succeeding fiscal year for farm-to-market projects,
  1 24 the board may annually, by stipulation in the
  1 25 secondary road construction program and secondary road
  1 26 budget submitted to the department in accordance with
  1 27 sections 309.22 and 309.93, determine an amount of the
  1 28 unobligated portion of its allocation, up to a maximum
  1 29 of fifty percent of its anticipated total annual
  1 30 allocation, for the construction and reconstruction of
  1 31 local secondary roads.  However, moneys from the farm-
  1 32 to-market road fund account shall not be so used if
  1 33 the moneys are needed to match federal funds available
  1 34 for farm-to-market road projects.
  1 35    2.  A county shall not use farm-to-market road
  1 36 funds account moneys as described in this section
  1 37 unless the total funds that the county transferred or
  1 38 provided during the prior fiscal year pursuant to
  1 39 section 331.429, subsection 1, paragraphs "a", "b",
  1 40 "d", and "e", are at least seventy-five percent of the
  1 41 sum of the following:
  1 42    1. a.  From the general fund of the county, the
  1 43 dollar equivalent of a tax of sixteen and seven-
  1 44 eighths cents per thousand dollars of assessed value
  1 45 on all taxable property in the county.
  1 46    2. b.  From the rural services fund of the county,
  1 47 the dollar equivalent of a tax of three dollars and
  1 48 three-eighths of a cent per thousand dollars of
  1 49 assessed value on all taxable property not located
  1 50 within the corporate limits of a city in the county.
  2  1    Sec. 3.  Section 310.3, Code 2001, is amended to
  2  2 read as follows:
  2  3    310.3  FUNDS FARM-TO-MARKET ROAD ACCOUNT OF
  2  4 SECONDARY ROAD FUND.
  2  5    There is hereby created a fund As provided in
  2  6 section 312.2, the treasurer of state shall maintain a
  2  7 separate account in the secondary road fund which
  2  8 shall be known as the farm-to-market road fund account
  2  9 which shall be made up as follows of the following:
  2 10    1.  All federal aid secondary road funds received
  2 11 by the state.
  2 12    2.  All road use tax funds by law credited to the
  2 13 farm-to-market road fund account.
  2 14    3.  All other funds which may, under the provisions
  2 15 of this chapter or any other law, be credited or
  2 16 appropriated for the use of the farm-to-market road
  2 17 fund account.
  2 18    Sec. 4.  Section 310.4, Code 2001, is amended to
  2 19 read as follows:
  2 20    310.4  USE OF FUND ACCOUNT.
  2 21    Said The farm-to-market road fund account is hereby
  2 22 appropriated for and shall be used in the
  2 23 establishment, construction, reconstruction, or
  2 24 improvement of the farm-to-market road system,
  2 25 including the drainage, grading, surfacing,
  2 26 resurfacing, construction of bridges and culverts, the
  2 27 elimination, protection, or improvement of railroad
  2 28 crossings, the acquiring of additional right of way
  2 29 and all other expenses incurred in the construction,
  2 30 reconstruction or improvement of said the farm-to-
  2 31 market road system under this chapter.
  2 32    Sec. 5.  Section 310.6, Code 2001, is amended to
  2 33 read as follows:
  2 34    310.6  ACCOUNTS BY DEPARTMENT.
  2 35    The department shall keep accounts subaccounts in
  2 36 relation to the farm-to-market road fund account and
  2 37 each county's allotment thereof of the account,
  2 38 crediting each fund subaccount with all amounts by law
  2 39 creditable thereto, and charging each with all duly
  2 40 and finally approved vouchers for claims properly
  2 41 chargeable thereto.
  2 42    Sec. 6.  Section 310.8, Code 2001, is amended to
  2 43 read as follows:
  2 44    310.8  QUARTERLY STATEMENT TO COUNTY ENGINEER.
  2 45    The department shall, quarterly, advise each county
  2 46 engineer of the condition of said the county's
  2 47 allotment of the farm-to-market road fund account.
  2 48 Said The statement shall show the balance in said the
  2 49 county's allotment at the beginning of said the
  2 50 period, the amount or amounts allotted to said the
  3  1 county during said the period, the amount disbursed
  3  2 from said the county's allotment during said the
  3  3 period, and the balance in said the county's allotment
  3  4 at the end of the said period.  Said The statement
  3  5 shall also show the estimated outstanding obligations
  3  6 against the said county's allotment at the date of
  3  7 said the statement.
  3  8    Sec. 7.  Section 310.16, Code 2001, is amended to
  3  9 read as follows:
  3 10    310.16  CLAIMS CHARGED TO COUNTY ALLOTMENT.
  3 11    All claims for improving farm-to-market roads
  3 12 hereunder shall be paid from the farm-to-market road
  3 13 account of the secondary road fund and charged to the
  3 14 allotment of said fund the account for the county in
  3 15 which said the project is located.
  3 16    Sec. 8.  Section 310.20, Code 2001, is amended to
  3 17 read as follows:
  3 18    310.20  SUPERVISORS RESOLUTION TO STATE TREASURER.
  3 19    Any county may, in any year, by resolution of its
  3 20 board of supervisors, make available for improvement
  3 21 or construction of farm-to-market roads within the
  3 22 county any portion of its allotment of road use tax
  3 23 funds.  Upon certification of such a resolution, the
  3 24 state treasurer shall place in the county's allotment
  3 25 of the farm-to-market road account of the secondary
  3 26 road fund the amount authorized by such the
  3 27 resolution.
  3 28    Sec. 9.  Section 310.27, Code 2001, is amended to
  3 29 read as follows:
  3 30    310.27  PERIOD OF ALLOCATION – REVERSION –
  3 31 TEMPORARY TRANSFERS.
  3 32    1.  The portion of the farm-to-market road account
  3 33 of the secondary road fund allotted to any county as
  3 34 provided in this chapter shall remain available for
  3 35 expenditure in said the county for three years after
  3 36 the close of the fiscal year during which said sums
  3 37 respectively were the portion was allocated.  Any sum
  3 38 portion remaining unexpended at the end of the period
  3 39 during which it is available for expenditure, shall be
  3 40 reapportioned among all the counties as provided in
  3 41 section 312.5 for original allocations.
  3 42    2.  For the purposes of this section, any sums
  3 43 portions of the farm-to-market road account of the
  3 44 secondary road fund allotted to any county shall be
  3 45 presumed to have been "expended" when a contract has
  3 46 been awarded obligating the sums portions.  When
  3 47 projects and their estimated costs, which are proposed
  3 48 to be funded from the farm-to-market road fund
  3 49 account, are submitted to the department for approval,
  3 50 the department shall estimate the total funding
  4  1 necessary and the period during which claims for the
  4  2 projects will be filed.  After anticipating the
  4  3 funding necessary for approved projects, the
  4  4 department may temporarily allocate additional moneys
  4  5 from the farm-to-market road fund account for use in
  4  6 any other farm-to-market projects.  However, a county
  4  7 shall not be temporarily allocated funds for projects
  4  8 in excess of the county's anticipated farm-to-market
  4  9 road fund account allocation for the current fiscal
  4 10 year plus the four succeeding fiscal years.
  4 11    3.  If in the judgment of the department the
  4 12 anticipated claims against the primary road fund for
  4 13 any month are in excess of moneys available, a
  4 14 temporary transfer for highway construction costs may
  4 15 be made from the farm-to-market road fund account to
  4 16 the primary road fund providing there will remain in
  4 17 the transferring fund farm-to-market road account a
  4 18 sufficient balance to meet the anticipated
  4 19 obligations.  All transfers shall be repaid from the
  4 20 primary road fund to the farm-to-market road fund
  4 21 account within sixty days from the date of the
  4 22 transfer.  A transfer shall be made only with the
  4 23 approval of the director of management and shall
  4 24 comply with the director of management's rules
  4 25 relating to the transfer of funds.  Similar transfers
  4 26 may be made by the department from the primary road
  4 27 fund to the farm-to-market road fund account and these
  4 28 transfers shall be subject to the same terms and
  4 29 conditions that transfers from the farm-to-market road
  4 30 fund account to the primary road fund are subject.
  4 31    Sec. 10.  Section 310.28, Code 2001, is amended to
  4 32 read as follows:
  4 33    310.28  ENGINEERING AND OTHER EXPENSE.
  4 34    1.  Engineering, inspection, and administration
  4 35 expense expenses in connection with any farm-to-market
  4 36 road project may be paid from said the county's
  4 37 allotment of the farm-to-market road account of the
  4 38 secondary road fund.  Any such expense incurred by the
  4 39 department may in the first instance be advanced out
  4 40 of the primary road fund, said the amounts later being
  4 41 reimbursed to said funds the primary road fund out of
  4 42 the farm-to-market road fund account.
  4 43    2.  Provided, that no No part of the salary or
  4 44 expense of the county engineer, any member of the
  4 45 county board of supervisors, any member of the
  4 46 department, the chief engineer, or any department head
  4 47 or district engineer of the department shall be paid
  4 48 out of the farm-to-market road fund account.
  4 49    Sec. 11.  Section 310.34, Code 2001, is amended to
  4 50 read as follows:
  5  1    310.34  SECONDARY ROAD RESEARCH FUND.
  5  2    Notwithstanding any provision of law to the
  5  3 contrary, the department is hereby authorized to may
  5  4 set aside each year not to exceed one and one-half
  5  5 percent of the receipts in the farm-to-market road
  5  6 fund account of the secondary road fund in a fund to
  5  7 be known as the secondary road research fund.
  5  8    Sec. 12.  Section 312.2, unnumbered paragraph 1,
  5  9 Code Supplement 2001, is amended to read as follows:
  5 10    The treasurer of the state shall, on the first day
  5 11 of each month, credit all road use tax funds which
  5 12 have been received by the treasurer, to the primary
  5 13 road fund, the secondary road fund of the counties,
  5 14 the farm-to-market road fund, and the street
  5 15 construction fund of cities in the following manner
  5 16 and amounts:
  5 17    Sec. 13.  Section 312.2, subsections 1 through 4,
  5 18 Code Supplement 2001, are amended to read as follows:
  5 19    1.  To the primary road fund, forty-seven and one-
  5 20 half fifty percent.
  5 21    2.  To the secondary road fund of the counties,
  5 22 twenty-four and one-half twenty-five percent.  The
  5 23 treasurer shall maintain a separate farm-to-market
  5 24 road account in the secondary road fund for deposit of
  5 25 moneys to be used for farm-to-market roads.
  5 26    3.  To the farm-to-market road fund, eight percent.
  5 27    4. 3.  To the street construction fund of the
  5 28 cities, twenty twenty-five percent.
  5 29    Sec. 14.  Section 312.2, subsection 10, Code
  5 30 Supplement 2001, is amended to read as follows:
  5 31    10.  The treasurer of state, before making the
  5 32 other allotments provided for in this section, shall
  5 33 credit annually to the primary road fund from the road
  5 34 use tax fund the sum of four million four hundred
  5 35 thousand dollars and to the farm-to-market road
  5 36 account of the secondary road fund from the road use
  5 37 tax fund the sum of one million five hundred thousand
  5 38 dollars for partial compensation of allowing trucks to
  5 39 operate on the roads of this state as provided in
  5 40 section 321.463.
  5 41    Sec. 15.  Section 312.3, subsection 1, Code 2001,
  5 42 is amended by striking the subsection and inserting in
  5 43 lieu thereof the following:
  5 44    1.  Apportion among the counties of the state, in
  5 45 the ratio which the population of each county, as
  5 46 shown by the latest available federal census, bears to
  5 47 the total population of all counties in the state, the
  5 48 percentage of the road use tax fund which is credited
  5 49 to the secondary road fund of the counties.  A county
  5 50 may have one special federal census taken each decade,
  6  1 and the population figure thus obtained shall be used
  6  2 in apportioning amounts under this subsection
  6  3 beginning the calendar year following the year in
  6  4 which the special census is certified by the secretary
  6  5 of state.
  6  6    Sec. 16.  Section 312.4, subsections 2 and 4, Code
  6  7 2001, are amended to read as follows:
  6  8    2.  The amount of the road use tax fund which the
  6  9 treasurer has credited to (a) the following:
  6 10    a.  The primary road fund, (b) the.
  6 11    b.  The secondary road fund of the counties, (c)
  6 12 the farm-to-market road fund, and (d) the.
  6 13    c.  The street construction fund of the cities.
  6 14    4.  The amount of federal aid secondary road funds
  6 15 which the treasurer has received from the federal
  6 16 government and credited to the farm-to-market road
  6 17 account of the secondary road fund.
  6 18    Sec. 17.  Section 314.3, Code 2001, is amended to
  6 19 read as follows:
  6 20    314.3  CLAIMS – APPROVAL AND PAYMENT.
  6 21    1.  All claims for construction, reconstruction,
  6 22 improvement, repair, or maintenance on any highway
  6 23 shall be itemized on voucher forms prepared for that
  6 24 purpose, certified to by the claimants and by the
  6 25 engineer in charge, and then forwarded to the agency
  6 26 in control of that highway for final audit and
  6 27 approval.  Claims payable from the farm-to-market road
  6 28 account of the secondary road fund shall be approved
  6 29 by both the board of supervisors and the department.
  6 30 Upon approval by the department of vouchers which are
  6 31 payable from the farm-to-market road fund account, or
  6 32 from the primary road fund, as the case may be, such
  6 33 vouchers shall be forwarded to the director of revenue
  6 34 and finance, who shall draw warrants therefore for the
  6 35 vouchers and said the warrants shall be paid by the
  6 36 treasurer of the state from the farm-to-market road
  6 37 fund account or from the primary road fund, as the
  6 38 case may be.
  6 39    2.  If the engineer makes such certificate or a
  6 40 member of the agency approves such claim when said the
  6 41 work has not been done in accordance with the plans
  6 42 and specifications, and said the work be not promptly
  6 43 made good without additional cost, the engineer or
  6 44 member shall be liable on the person's bond for the
  6 45 amount of such claim.
  6 46    Sec. 18.  Section 331.401, subsection 1, paragraph
  6 47 b, Code 2001, is amended to read as follows:
  6 48    b.  Establish budgets for the farm-to-market road
  6 49 account of the secondary road fund and the secondary
  6 50 road fund in accordance with sections 309.10 and
  7  1 309.93 to 309.97.
  7  2    Sec. 19.  Section 331.429, Code Supplement 2001, is
  7  3 amended to read as follows:
  7  4    331.429  SECONDARY ROAD FUND.
  7  5    1.  Except as otherwise provided by state law,
  7  6 county revenues for secondary and farm-to-market road
  7  7 services shall be credited to the secondary road fund,
  7  8 including the following:
  7  9    a.  Transfers from the general fund not to exceed
  7 10 in any year the dollar equivalent of a tax of sixteen
  7 11 and seven-eighths cents per thousand dollars of
  7 12 assessed value on all taxable property in the county
  7 13 multiplied by the ratio of current taxes actually
  7 14 collected and apportioned for the general basic levy
  7 15 to the total general basic levy for the current year,
  7 16 and an amount equivalent to the moneys derived by the
  7 17 general fund from military service tax credits under
  7 18 chapter 426A, manufactured or mobile home taxes under
  7 19 section 435.22, and delinquent taxes for prior years
  7 20 collected and apportioned to the general basic fund in
  7 21 the current year, multiplied by the ratio of sixteen
  7 22 and seven-eighths cents to three dollars and fifty
  7 23 cents.
  7 24    b.  Transfers from the rural services fund not to
  7 25 exceed in any year the dollar equivalent of a tax of
  7 26 three dollars and three-eighths cents per thousand
  7 27 dollars of assessed value on all taxable property not
  7 28 located within the corporate limits of a city in the
  7 29 county multiplied by the ratio of current taxes
  7 30 actually collected and apportioned for the rural
  7 31 services basic levy to the total rural services basic
  7 32 levy for the current year and an amount equivalent to
  7 33 the moneys derived by the rural services fund from
  7 34 military service tax credits under chapter 426A,
  7 35 manufactured or mobile home taxes under section
  7 36 435.22, and delinquent taxes for prior years collected
  7 37 and apportioned to the rural services basic fund in
  7 38 the current year, multiplied by the ratio of three
  7 39 dollars and three-eighths cents to three dollars and
  7 40 ninety-five cents.
  7 41    c.  Moneys allotted to the county from the state
  7 42 road use tax fund.
  7 43    d.  Moneys provided by individuals from their own
  7 44 contributions for the improvement of any secondary or
  7 45 farm-to-market road.
  7 46    e.  Other moneys dedicated to this fund by law
  7 47 including but not limited to funds so dedicated
  7 48 pursuant to sections 306.15, 309.52, 311.23, 311.29,
  7 49 and 313.28.
  7 50    f.  All federal aid secondary road funds received
  8  1 by the state.
  8  2    2.  The board may make appropriations from the
  8  3 secondary road fund and from the farm-to-market road
  8  4 account within the fund for the following secondary
  8  5 road services:
  8  6    a.  Construction and reconstruction of secondary
  8  7 and farm-to-market roads and costs incident to the
  8  8 construction and reconstruction.
  8  9    b.  Maintenance and repair of secondary and farm-
  8 10 to-market roads and costs incident to the maintenance
  8 11 and repair.
  8 12    c.  Payment of all or part of the cost of
  8 13 construction and maintenance of bridges in cities
  8 14 having a population of eight thousand or less and all
  8 15 or part of the cost of construction of roads which are
  8 16 located within cities of less than four hundred
  8 17 population and which lead to state parks.
  8 18    d.  Special drainage assessments levied on account
  8 19 of benefits to secondary or farm-to-market roads.
  8 20    e.  Payment of interest and principal on bonds of
  8 21 the county issued for secondary or farm-to-market
  8 22 roads, bridges, or culverts constructed by the county.
  8 23    f.  A legal obligation in connection with secondary
  8 24 and farm-to-market roads and bridges, which obligation
  8 25 is required by law to be taken over and assumed by the
  8 26 county.
  8 27    g.  Secondary and farm-to-market road equipment,
  8 28 materials, and supplies, and garages or sheds for
  8 29 their storage, repair, and servicing.
  8 30    h.  Assignment or designation of names or numbers
  8 31 to roads in the county and erection, construction, or
  8 32 maintenance of guideposts or signs at intersections of
  8 33 roads in the county.
  8 34    i.  The services provided under sections 306.15,
  8 35 309.18, 309.52, 311.7, 311.23, 313A.23, 316.14,
  8 36 468.43, 468.108, 468.341, and 468.342, chapter 310, or
  8 37 other state law relating to secondary or farm-to-
  8 38 market roads."
  8 39    #2.  By striking page 11, line 44 through page 12,
  8 40 line 15 and inserting the following:  "credited to the
  8 41 road use tax fund created in section 312.1.  This
  8 42 paragraph is repealed July 1, 2022."
  8 43    #3.  Page 12, by inserting after line 40 the
  8 44 following:
  8 45    "Sec.    .  Sections 310.7 and 312.5, Code 2001,
  8 46 are repealed.
  8 47    Sec.    .  TRANSITION PROVISIONS.  The treasurer of
  8 48 state and the state department of transportation shall
  8 49 cooperate to coordinate any transitional procedures
  8 50 required for allocation of road use tax funds as
  9  1 provided in this Act."
  9  2    #4.  Page 12, by striking lines 42 through 45 and
  9  3 inserting the following:
  9  4    "1.  Except as provided in subsection 2, this Act
  9  5 takes effect July 1, 2002."
  9  6    #5.  Page 13, by striking lines 1 through 4 and
  9  7 inserting the following:  "word "purposes" the
  9  8 following:  "increasing the state sales tax for road
  9  9 purposes, changing the formula for the distribution of
  9 10 road use tax fund moneys,"." 
  9 11 
  9 12 
  9 13                               
  9 14 VAN FOSSEN of Scott
  9 15 
  9 16 
  9 17                               
  9 18 HUSER of Polk 
  9 19 
  9 20 
  9 21                               
  9 22 METCALF of Polk 
  9 23 
  9 24 
  9 25                               
  9 26 ELGIN of Linn 
  9 27 
  9 28 
  9 29                               
  9 30 HOVERSTEN of Woodbury
  9 31 
  9 32 
  9 33                               
  9 34 CHIODO of Polk 
  9 35 SF 2228.10
  9 36 mg/es/25
     

Text: H08462                            Text: H08464
Text: H08400 - H08499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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