Text: HF02525 Text: HF02527 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 307A.2, subsection 14A, Code 2001, is 1 2 amended to read as follows: 1 3 14A. Annually recalculate the construction and maintenance 1 4 needs of roads under the jurisdiction of each county to take 1 5 into account the needs of a road whose jurisdiction has been 1 6 transferred from the department to a county or from a county 1 7 to the department during the previous year. The recalculation 1 8 shall be reported by January 1 of the year following the 1 9 transfer and shall take effect the following July 1 for the 1 10 purposes of allocating moneys undersectionssection 312.3and1 11312.5. 1 12 Sec. 2. Section 309.10, Code 2001, is amended to read as 1 13 follows: 1 14 309.10 USE OF FARM-TO-MARKET ROADFUNDACCOUNT. 1 15 1. Notwithstanding section 310.4, if the board of 1 16 supervisors of a county does not plan to utilize its farm-to- 1 17 market roadfundaccount allocation for the succeeding fiscal 1 18 year for farm-to-market projects, the board may annually, by 1 19 stipulation in the secondary road construction program and 1 20 secondary road budget submitted to the department in 1 21 accordance with sections 309.22 and 309.93, determine an 1 22 amount of the unobligated portion of its allocation, up to a 1 23 maximum of fifty percent of its anticipated total annual 1 24 allocation, for the construction and reconstruction of local 1 25 secondary roads. However, moneys from the farm-to-market road 1 26fundaccount shall not be so used if the moneys are needed to 1 27 match federal funds available for farm-to-market road 1 28 projects. 1 29 2. A county shall not use farm-to-market roadfunds1 30 account moneys as described in this section unless the total 1 31 funds that the county transferred or provided during the prior 1 32 fiscal year pursuant to section 331.429, subsection 1, 1 33 paragraphs "a", "b", "d", and "e", are at least seventy-five 1 34 percent of the sum of the following: 1 351.a. From the general fund of the county, the dollar 2 1 equivalent of a tax of sixteen and seven-eighths cents per 2 2 thousand dollars of assessed value on all taxable property in 2 3 the county. 2 42.b. From the rural services fund of the county, the 2 5 dollar equivalent of a tax of three dollars and three-eighths 2 6 of a cent per thousand dollars of assessed value on all 2 7 taxable property not located within the corporate limits of a 2 8 city in the county. 2 9 Sec. 3. Section 310.3, Code 2001, is amended to read as 2 10 follows: 2 11 310.3FUNDSFARM-TO-MARKET ROAD ACCOUNT OF SECONDARY ROAD 2 12 FUND. 2 13There is hereby created a fundAs provided in section 2 14 312.2, the treasurer of state shall maintain a separate 2 15 account in the secondary road fund which shall be known as the 2 16 farm-to-market roadfundaccount which shall be made upas2 17followsof the following: 2 18 1. All federal aid secondary road funds received by the 2 19 state. 2 20 2. All road use tax funds by law credited to the farm-to- 2 21 market roadfundaccount. 2 22 3. All other funds which may, underthe provisions ofthis 2 23 chapter or any other law, be credited or appropriated for the 2 24 use of the farm-to-market roadfundaccount. 2 25 Sec. 4. Section 310.4, Code 2001, is amended to read as 2 26 follows: 2 27 310.4 USE OFFUNDACCOUNT. 2 28SaidThe farm-to-market roadfundaccount is hereby 2 29 appropriated for and shall be used in the establishment, 2 30 construction, reconstruction, or improvement of the farm-to- 2 31 market road system, including the drainage, grading, 2 32 surfacing, resurfacing, construction of bridges and culverts, 2 33 the elimination, protection, or improvement of railroad 2 34 crossings, the acquiring of additional right of way and all 2 35 other expenses incurred in the construction, reconstruction or 3 1 improvement ofsaidthe farm-to-market road system under this 3 2 chapter. 3 3 Sec. 5. Section 310.6, Code 2001, is amended to read as 3 4 follows: 3 5 310.6 ACCOUNTS BY DEPARTMENT. 3 6 The department shall keepaccountssubaccounts in relation 3 7 to the farm-to-market roadfundaccount and each county's 3 8 allotmentthereofof the account, crediting eachfund3 9 subaccount with all amounts by law creditable thereto, and 3 10 charging each with all duly and finally approved vouchers for 3 11 claims properly chargeable thereto. 3 12 Sec. 6. Section 310.8, Code 2001, is amended to read as 3 13 follows: 3 14 310.8 QUARTERLY STATEMENT TO COUNTY ENGINEER. 3 15 The department shall, quarterly, advise each county 3 16 engineer of the condition ofsaidthe county's allotment of 3 17 the farm-to-market roadfundaccount.SaidThe statement 3 18 shall show the balance insaidthe county's allotment at the 3 19 beginning ofsaidthe period, the amount or amounts allotted 3 20 tosaidthe county duringsaidthe period, the amount 3 21 disbursed fromsaidthe county's allotment duringsaidthe 3 22 period, and the balance insaidthe county's allotment at the 3 23 end of thesaidperiod.SaidThe statement shall also show 3 24 the estimated outstanding obligations against thesaid3 25 county's allotment at the date ofsaidthe statement. 3 26 Sec. 7. Section 310.16, Code 2001, is amended to read as 3 27 follows: 3 28 310.16 CLAIMS CHARGED TO COUNTY ALLOTMENT. 3 29 All claims for improving farm-to-market roads hereunder 3 30 shall be paid from the farm-to-market road account of the 3 31 secondary road fund and charged to the allotment ofsaid fund3 32 the account for the county in whichsaidthe project is 3 33 located. 3 34 Sec. 8. Section 310.20, Code 2001, is amended to read as 3 35 follows: 4 1 310.20 SUPERVISORS RESOLUTION TO STATE TREASURER. 4 2 Any county may, in any year, by resolution of its board of 4 3 supervisors, make available for improvement or construction of 4 4 farm-to-market roads within the county any portion of its 4 5 allotment of road use tax funds. Upon certification of such a 4 6 resolution, the state treasurer shall place in the county's 4 7 allotment of the farm-to-market road account of the secondary 4 8 road fund the amount authorized bysuchthe resolution. 4 9 Sec. 9. Section 310.27, Code 2001, is amended to read as 4 10 follows: 4 11 310.27 PERIOD OF ALLOCATION – REVERSION – TEMPORARY 4 12 TRANSFERS. 4 13 1. The portion of the farm-to-market road account of the 4 14 secondary road fund allotted to any county as provided in this 4 15 chapter shall remain available for expenditure insaidthe 4 16 county for three years after the close of the fiscal year 4 17 during whichsaid sums respectively werethe portion was 4 18 allocated. Anysumportion remaining unexpended at the end of 4 19 the period during which it is available for expenditure,shall 4 20 be reapportioned among all the countiesas provided in section4 21312.5 for original allocations. 4 22 2. For the purposes of this section, anysumsportions of 4 23 the farm-to-market road account of the secondary road fund 4 24 allotted to any county shall be presumed to have been 4 25"expended"when a contract has been awarded obligating the 4 26sumsportions. When projects and their estimated costs, which 4 27 are proposed to be funded from the farm-to-market roadfund4 28 account, are submitted to the department for approval, the 4 29 department shall estimate the total funding necessary and the 4 30 period during which claims for the projects will be filed. 4 31 After anticipating the funding necessary for approved 4 32 projects, the department may temporarily allocate additional 4 33 moneys from the farm-to-market roadfundaccount for use in 4 34 any other farm-to-market projects. However, a county shall 4 35 not be temporarily allocated funds for projects in excess of 5 1 the county's anticipated farm-to-market roadfundaccount 5 2 allocation for the current fiscal year plus the four 5 3 succeeding fiscal years. 5 4 3. If in the judgment of the department the anticipated 5 5 claims against the primary road fund for any month are in 5 6 excess of moneys available, a temporary transfer for highway 5 7 construction costs may be made from the farm-to-market road 5 8fundaccount to the primary road fund providing there will 5 9 remain in thetransferring fundfarm-to-market road account a 5 10 sufficient balance to meet the anticipated obligations. All 5 11 transfers shall be repaid from the primary road fund to the 5 12 farm-to-market roadfundaccount within sixty days from the 5 13 date of the transfer. A transfer shall be made only with the 5 14 approval of the director of management and shall comply with 5 15 the director of management's rules relating to the transfer of 5 16 funds. Similar transfers may be made by the department from 5 17 the primary road fund to the farm-to-market roadfundaccount 5 18 and these transfers shall be subject to the same terms and 5 19 conditions that transfers from the farm-to-market roadfund5 20 account to the primary road fund are subject. 5 21 Sec. 10. Section 310.28, Code 2001, is amended to read as 5 22 follows: 5 23 310.28 ENGINEERING AND OTHER EXPENSE. 5 24 1. Engineering, inspection, and administrationexpense5 25 expenses in connection with any farm-to-market road project 5 26 may be paid fromsaidthe county's allotment of the farm-to- 5 27 market road account of the secondary road fund. Any such 5 28 expense incurred by the department may in the first instance 5 29 be advanced out of the primary road fund,saidthe amounts 5 30 later being reimbursed tosaid fundsthe primary road fund out 5 31 of the farm-to-market roadfundaccount. 5 32 2.Provided, that noNo part of the salary or expense of 5 33 the county engineer, any member of the county board of 5 34 supervisors, any member of the department, the chief engineer, 5 35 or any department head or district engineer of the department 6 1 shall be paid out of the farm-to-market roadfundaccount. 6 2 Sec. 11. Section 310.34, Code 2001, is amended to read as 6 3 follows: 6 4 310.34 SECONDARY ROAD RESEARCH FUND. 6 5 Notwithstanding any provision of law to the contrary, the 6 6 departmentis hereby authorized tomay set aside each year not 6 7 to exceed one and one-half percent of the receipts in the 6 8 farm-to-market roadfundaccount of the secondary road fund in 6 9 a fund to be known as the secondary road research fund. 6 10 Sec. 12. Section 312.2, unnumbered paragraph 1, Code 6 11 Supplement 2001, is amended to read as follows: 6 12 The treasurer of the state shall, on the first day of each 6 13 month, credit all road use tax funds which have been received 6 14 by the treasurer, to the primary road fund, the secondary road 6 15 fund of the counties,the farm-to-market road fund,and the 6 16 street construction fund of cities in the following manner and 6 17 amounts: 6 18 Sec. 13. Section 312.2, subsections 1 through 4, Code 6 19 Supplement 2001, are amended to read as follows: 6 20 1. To the primary road fund,forty-seven and one-half6 21 fifty percent. 6 22 2. To the secondary road fund of the counties,twenty-four6 23and one-halftwenty-five percent. The treasurer shall 6 24 maintain a separate farm-to-market road account in the 6 25 secondary road fund for deposit of moneys to be used for farm- 6 26 to-market roads. 6 273. To the farm-to-market road fund, eight percent.6 284.3. To the street construction fund of the cities, 6 29twentytwenty-five percent. 6 30 Sec. 14. Section 312.2, subsection 10, Code Supplement 6 31 2001, is amended to read as follows: 6 32 10. The treasurer of state, before making the other 6 33 allotments provided for in this section, shall credit annually 6 34 to the primary road fund from the road use tax fund the sum of 6 35 four million four hundred thousand dollars and to the farm-to- 7 1 market road account of the secondary road fund from the road 7 2 use tax fund the sum of one million five hundred thousand 7 3 dollars for partial compensation of allowing trucks to operate 7 4 on the roads of this state as provided in section 321.463. 7 5 Sec. 15. Section 312.3, subsection 1, Code 2001, is 7 6 amended by striking the subsection and inserting in lieu 7 7 thereof the following: 7 8 1. Apportion among the counties of the state, in the ratio 7 9 which the population of each county, as shown by the latest 7 10 available federal census, bears to the total population of all 7 11 counties in the state, the percentage of the road use tax fund 7 12 which is credited to the secondary road fund of the counties. 7 13 A county may have one special federal census taken each 7 14 decade, and the population figure thus obtained shall be used 7 15 in apportioning amounts under this subsection beginning the 7 16 calendar year following the year in which the special census 7 17 is certified by the secretary of state. 7 18 Sec. 16. Section 312.4, subsections 2 and 4, Code 2001, 7 19 are amended to read as follows: 7 20 2. The amount of the road use tax fund which the treasurer 7 21 has credited to(a)the following: 7 22 a. The primary road fund, (b) the. 7 23 b. The secondary road fund of the counties, (c) the farm-7 24to-market road fund, and (d) the. 7 25 c. The street construction fund of the cities. 7 26 4. The amount of federal aid secondary road funds which 7 27 the treasurer has received from the federal government and 7 28 credited to the farm-to-market road account of the secondary 7 29 road fund. 7 30 Sec. 17. Section 314.3, Code 2001, is amended to read as 7 31 follows: 7 32 314.3 CLAIMS – APPROVAL AND PAYMENT. 7 33 1. All claims for construction, reconstruction, 7 34 improvement, repair, or maintenance on any highway shall be 7 35 itemized on voucher forms prepared for that purpose, certified 8 1 to by the claimants and by the engineer in charge, and then 8 2 forwarded to the agency in control of that highway for final 8 3 audit and approval. Claims payable from the farm-to-market 8 4 road account of the secondary road fund shall be approved by 8 5 both the board of supervisors and the department. Upon 8 6 approval by the department of vouchers which are payable from 8 7 the farm-to-market roadfundaccount, or from the primary road 8 8 fund, as the case may be, such vouchers shall be forwarded to 8 9 the director of revenue and finance, who shall draw warrants 8 10thereforefor the vouchers andsaidthe warrants shall be paid 8 11 by the treasurer of the state from the farm-to-market road 8 12fundaccount or from the primary road fund, as the case may 8 13 be. 8 14 2. If the engineer makes such certificate or a member of 8 15 the agency approves such claim whensaidthe work has not been 8 16 done in accordance with the plans and specifications, andsaid8 17 the work be not promptly made good without additional cost, 8 18 the engineer or member shall be liable on the person's bond 8 19 for the amount of such claim. 8 20 Sec. 18. Section 331.401, subsection 1, paragraph b, Code 8 21 2001, is amended to read as follows: 8 22 b. Establish budgets for the farm-to-market road account 8 23 of the secondary road fund and the secondary road fund in 8 24 accordance with sections 309.10 and 309.93 to 309.97. 8 25 Sec. 19. Section 331.429, Code Supplement 2001, is amended 8 26 to read as follows: 8 27 331.429 SECONDARY ROAD FUND. 8 28 1. Except as otherwise provided by state law, county 8 29 revenues for secondary and farm-to-market road services shall 8 30 be credited to the secondary road fund, including the 8 31 following: 8 32 a. Transfers from the general fund not to exceed in any 8 33 year the dollar equivalent of a tax of sixteen and seven- 8 34 eighths cents per thousand dollars of assessed value on all 8 35 taxable property in the county multiplied by the ratio of 9 1 current taxes actually collected and apportioned for the 9 2 general basic levy to the total general basic levy for the 9 3 current year, and an amount equivalent to the moneys derived 9 4 by the general fund from military service tax credits under 9 5 chapter 426A, manufactured or mobile home taxes under section 9 6 435.22, and delinquent taxes for prior years collected and 9 7 apportioned to the general basic fund in the current year, 9 8 multiplied by the ratio of sixteen and seven-eighths cents to 9 9 three dollars and fifty cents. 9 10 b. Transfers from the rural services fund not to exceed in 9 11 any year the dollar equivalent of a tax of three dollars and 9 12 three-eighths cents per thousand dollars of assessed value on 9 13 all taxable property not located within the corporate limits 9 14 of a city in the county multiplied by the ratio of current 9 15 taxes actually collected and apportioned for the rural 9 16 services basic levy to the total rural services basic levy for 9 17 the current year and an amount equivalent to the moneys 9 18 derived by the rural services fund from military service tax 9 19 credits under chapter 426A, manufactured or mobile home taxes 9 20 under section 435.22, and delinquent taxes for prior years 9 21 collected and apportioned to the rural services basic fund in 9 22 the current year, multiplied by the ratio of three dollars and 9 23 three-eighths cents to three dollars and ninety-five cents. 9 24 c. Moneys allotted to the county from the state road use 9 25 tax fund. 9 26 d. Moneys provided by individuals from their own 9 27 contributions for the improvement of any secondary or farm-to- 9 28 market road. 9 29 e. Other moneys dedicated to this fund by law including 9 30 but not limited to funds so dedicated pursuant to sections 9 31 306.15, 309.52, 311.23, 311.29, and 313.28. 9 32 f. All federal aid secondary road funds received by the 9 33 state. 9 34 2. The board may make appropriations from the secondary 9 35 road fund and from the farm-to-market road account within the 10 1 fund for the following secondary road services: 10 2 a. Construction and reconstruction of secondary and farm- 10 3 to-market roads and costs incident to the construction and 10 4 reconstruction. 10 5 b. Maintenance and repair of secondary and farm-to-market 10 6 roads and costs incident to the maintenance and repair. 10 7 c. Payment of all or part of the cost of construction and 10 8 maintenance of bridges in cities having a population of eight 10 9 thousand or less and all or part of the cost of construction 10 10 of roads which are located within cities of less than four 10 11 hundred population and which lead to state parks. 10 12 d. Special drainage assessments levied on account of 10 13 benefits to secondary or farm-to-market roads. 10 14 e. Payment of interest and principal on bonds of the 10 15 county issued for secondary or farm-to-market roads, bridges, 10 16 or culverts constructed by the county. 10 17 f. A legal obligation in connection with secondary and 10 18 farm-to-market roads and bridges, which obligation is required 10 19 by law to be taken over and assumed by the county. 10 20 g. Secondary and farm-to-market road equipment, materials, 10 21 and supplies, and garages or sheds for their storage, repair, 10 22 and servicing. 10 23 h. Assignment or designation of names or numbers to roads 10 24 in the county and erection, construction, or maintenance of 10 25 guideposts or signs at intersections of roads in the county. 10 26 i. The services provided under sections 306.15, 309.18, 10 27 309.52, 311.7, 311.23, 313A.23, 316.14, 468.43, 468.108, 10 28 468.341, and 468.342, chapter 310, or other state law relating 10 29 to secondary or farm-to-market roads. 10 30 Sec. 20. Sections 310.7 and 312.5, Code 2001, are 10 31 repealed. 10 32 Sec. 21. TRANSITION PROVISIONS. The treasurer of state 10 33 and the state department of transportation shall cooperate to 10 34 coordinate any transitional procedures required for allocation 10 35 of road use tax funds as provided in this Act. 11 1 EXPLANATION 11 2 This bill makes changes in the allocations from the road 11 3 use tax fund to the primary road fund, the secondary road 11 4 fund, the farm-to-market road fund, and the street 11 5 construction fund of the cities. The bill provides that 50 11 6 percent of the moneys shall be allocated to the primary road 11 7 fund, 25 percent to the secondary road fund, and 25 percent to 11 8 the street construction fund of the cities. The bill directs 11 9 the treasurer of state to establish a separate farm-to-market 11 10 road account in the secondary road fund which shall consist of 11 11 moneys currently deposited into the farm-to-market road fund. 11 12 The account is to be used for the same purposes for which the 11 13 farm-to-market road fund is currently used. 11 14 The bill also provides that the allocation from the road 11 15 use tax fund to the secondary road fund of the counties shall 11 16 be apportioned to the counties on a per capita basis in the 11 17 manner that the allocation to the street construction fund of 11 18 the cities is currently apportioned to cities. Currently, the 11 19 road use tax funds allocated to the secondary road fund of the 11 20 counties and to the farm-to-market road fund are apportioned 11 21 to the counties based 70 percent on need and 30 percent on 11 22 area. 11 23 The bill makes corresponding changes in Code chapter 309, 11 24 relating to secondary roads; Code chapter 310, relating to 11 25 farm-to-market roads; Code chapter 312, relating to the road 11 26 use tax fund; Code chapter 314, relating to administrative 11 27 provisions for highways; and Code chapter 331, relating to 11 28 county home rule. 11 29 LSB 5929HH 79 11 30 nh/cls/14.1
Text: HF02525 Text: HF02527 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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