Text: HSB00036 Text: HSB00038 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 306.3, subsection 5, Code 2003, is 1 2 amended to read as follows: 1 3 5. "Municipal street system" means those streets within 1 4 municipalities that are not primary roads or secondary roads. 1 5 Sec. 2. Section 306.4, Code 2003, is amended by adding the 1 6 following new subsection: 1 7 NEW SUBSECTION. 2A. a. Effective July 1, 2004, 1 8 jurisdiction and control over a farm-to-market extension or 1 9 road transferred pursuant to section 306.8A within a city with 1 10 a population of less than one thousand shall be vested in the 1 11 county board of supervisors of the respective county. 1 12 b. If the population of a city drops below one thousand 1 13 after July 1, 2004, as determined by the latest available 1 14 federal census or special census, jurisdiction and control 1 15 over a farm-to-market extension located within the city shall 1 16 be vested in the county board of supervisors of the respective 1 17 county effective July 1 following census certification by the 1 18 secretary of state. 1 19 c. If the population of a city from which jurisdiction and 1 20 control over a road has been transferred pursuant to paragraph 1 21 "a" or "b" exceeds one thousand two hundred fifty, as 1 22 determined by the latest available federal census or special 1 23 census, such jurisdiction and control shall be transferred 1 24 back to the city effective July 1 following census 1 25 certification by the secretary of state. 1 26 Sec. 3. NEW SECTION. 306.8A TRANSFER OF ROADS IDENTIFIED 1 27 IN REPORT. 1 28 1. The department shall maintain on file the transfer of 1 29 jurisdiction report compiled by the ad hoc road use tax fund 1 30 committee in 2002. Such report identifies primary roads for 1 31 transfer to local jurisdictions. 1 32 2. The jurisdiction and control of all primary roads 1 33 identified in the transfer of jurisdiction report shall be 1 34 transferred from the state to the appropriate county or city 1 35 effective July 1, 2003. Such transfers are not subject to the 2 1 terms and conditions provided in section 306.8. 2 2 Sec. 4. Section 307.22, subsection 7, Code 2003, is 2 3 amended to read as follows: 2 4 7. Annually recalculate the construction and maintenance 2 5 needs of roads under the jurisdiction of each county to take 2 6 into account the needs of a road whose jurisdiction has been 2 7 transferred from the department to a county or from a county 2 8 to the department during the previous year. Prior to the 2 9 fiscal year beginning July 1, 2013, the annual recalculation 2 10 shall not include those roads transferred to a county pursuant 2 11 to section 306.8A. The recalculation shall be reported by 2 12 January 1 of the year following the transfer and shall take 2 13 effect the following July 1 for the purposes of allocating 2 14 moneys under sections 312.3 and 312.5. 2 15 Sec. 5. Section 309.10, Code 2003, is amended to read as 2 16 follows: 2 17 309.10 USE OF FARM-TO-MARKET ROAD FUND. 2 18 1. Notwithstanding section 310.4, if the board of 2 19 supervisors of a county does not plan to utilize its farm-to- 2 20 market road fund allocation for the succeeding fiscal year for 2 21 farm-to-market projects, the board may annually, by 2 22 stipulation in the secondary road construction program and 2 23 secondary road budget submitted to the department in 2 24 accordance with sections 309.22 and 309.93, determine an 2 25 amount of the unobligated portion of its allocation, up to a 2 26 maximum of fifty percent of its anticipated total annual 2 27 allocation, for the construction and reconstruction of local 2 28 secondary roads. However, moneys from the farm-to-market road 2 29 fund shall not be so used if the moneys are needed to match 2 30 federal funds available for farm-to-market road projects. 2 31 2. a. A county shall not use farm-to-market road funds as 2 32 described in this section unless the total funds that the 2 33 county transferred or provided during the prior fiscal year 2 34 pursuant to section 331.429, subsection 1, paragraphs "a", 2 35 "b", "d", and "e", are at leastseventy-five percenta fixed 3 1 percentage, as provided in paragraph "b", of the sum of the 3 2 following: 3 31.(1) From the general fund of the county, the dollar 3 4 equivalent of a tax of sixteen and seven-eighths cents per 3 5 thousand dollars of assessed value on all taxable property in 3 6 the county. 3 72.(2) From the rural services fund of the county, the 3 8 dollar equivalent of a tax of three dollars and three-eighths 3 9 of a cent per thousand dollars of assessed value on all 3 10 taxable property not located within the corporate limits of a 3 11 city in the county. 3 12 b. The fixed percentage for purposes of paragraph "a" 3 13 shall be as follows: 3 14 (1) Seventy-seven percent for the fiscal year beginning 3 15 July 1, 2003. 3 16 (2) Seventy-nine percent for the fiscal year beginning 3 17 July 1, 2004. 3 18 (3) Eighty-one percent for the fiscal year beginning July 3 19 1, 2005. 3 20 (4) Eighty-three percent for the fiscal year beginning 3 21 July 1, 2006. 3 22 (5) Eighty-five percent for the fiscal year beginning July 3 23 1, 2007, and for each subsequent fiscal year. 3 24 Sec. 6. Section 309.57, unnumbered paragraph 3, Code 2003, 3 25 is amended to read as follows: 3 26 Roads may only be classified as area service "C" by 3 27 ordinance or resolutionupon petition signed by all landowners3 28adjoining the road. The ordinance or resolution shall specify 3 29 the level of maintenance effort and the persons who will have 3 30 access rights to the road. The county shall only allow access 3 31 to the road to the owner, lessee, or person in lawful 3 32 possession of any adjoining land, or the agent or employee of 3 33 the owner, lessee, or person in lawful possession, or to any 3 34 peace officer, magistrate, or public employee whose duty it is 3 35 to supervise the use or perform maintenance of the road. 4 1 Access to the road shall be restricted by means of a gate or 4 2 other barrier. 4 3 Sec. 7. Section 312.2, subsection 8, Code 2003, is amended 4 4 to read as follows: 4 5 8. a. The treasurer of state, before making any 4 6 allotments to counties under this section, shall reduce the 4 7 allotment to a county for the secondary road fund by the 4 8 amount by which the total funds that the county transferred or 4 9 provided during the prior fiscal year under section 331.429, 4 10 subsection 1, paragraphs "a", "b", "d", and "e", are less than 4 11seventy-five percenta fixed percentage, as provided in 4 12 paragraph "b", of the sum of the following: 4 13a.(1) From the general fund of the county, the dollar 4 14 equivalent of a tax of sixteen and seven-eighths cents per 4 15 thousand dollars of assessed value on all taxable property in 4 16 the county. 4 17b.(2) From the rural services fund of the county, the 4 18 dollar equivalent of a tax of three dollars and three-eighths 4 19 of a cent per thousand dollars of assessed value on all 4 20 taxable property not located within the corporate limits of a 4 21 city in the county. 4 22 b. The fixed percentage for purposes of paragraph "a" 4 23 shall be as follows: 4 24 (1) Seventy-seven percent for the fiscal year beginning 4 25 July 1, 2003. 4 26 (2) Seventy-nine percent for the fiscal year beginning 4 27 July 1, 2004. 4 28 (3) Eighty-one percent for the fiscal year beginning July 4 29 1, 2005. 4 30 (4) Eighty-three percent for the fiscal year beginning 4 31 July 1, 2006. 4 32 (5) Eighty-five percent for the fiscal year beginning July 4 33 1, 2007, and for each subsequent fiscal year. 4 34 c. Funds remaining in the secondary road fund of the 4 35 counties due to a reduction of allocations to counties for 5 1 failure to maintain a minimum local tax effort shall be 5 2 reallocated to counties that are not reduced under this 5 3 subsection pursuant to the allocation provisions of section 5 4 312.3, subsection 1, based upon the needs and area of the 5 5 county. Information necessary to make allocations under this 5 6 subsection shall be provided by the state department of 5 7 transportation or the director of the department of management 5 8 upon request by the treasurer of state. 5 9 Sec. 8. Section 312.3, subsection 2, Code 2003, is amended 5 10 to read as follows: 5 11 2. a. Apportion among the cities of the state, in the 5 12 ratio which the population of each city, as shown by the 5 13 latest available federal census, bears to the total population 5 14 of all such cities in the state, the percentage of the road 5 15 use tax funds which is credited to the street construction 5 16 fund of the cities, and shall remit to the city clerk of each 5 17 such city the amount so apportioned to such city. A city may 5 18 have one special federal census taken each decade, and the 5 19 population figure thus obtained shall be used in apportioning 5 20 amounts under this subsection beginning the calendar year 5 21 following the year in which the special census is certified by 5 22 the secretary of state. 5 23 b. The apportionment of moneys from the street 5 24 construction fund of the cities to a city with a farm-to- 5 25 market extension under county jurisdiction pursuant to section 5 26 306.4, including any moneys appropriated from the transfer of 5 27 jurisdiction fund under section 313.4, shall be reduced in the 5 28 proportion which the share of mileage of the farm-to-market 5 29 extension bears to the total mileage of streets within the 5 30 city. The amount of moneys by which the apportionment to the 5 31 city is reduced shall be transferred to the secondary road 5 32 fund of the respective county. 5 33 Sec. 9. NEW SECTION. 312.3D STREET CONSTRUCTION FUND 5 34 DISTRIBUTION ADVISORY COMMITTEE. 5 35 A street construction fund distribution advisory committee 6 1 is established to consider methodologies for distribution of 6 2 moneys in the street construction fund of the cities. The 6 3 committee shall be comprised of representatives appointed by 6 4 the president of the Iowa section of the American public works 6 5 association, the president of the Iowa league of cities, and 6 6 the department. The committee shall recommend to the general 6 7 assembly by January 1, 2004, for the general assembly's 6 8 consideration and adoption, one or more alternative 6 9 methodologies for distribution of moneys in the street 6 10 construction fund of the cities. 6 11 Sec. 10. Section 313.4, Code 2003, is amended by adding 6 12 the following new subsections: 6 13 NEW SUBSECTION. 6. a. A transfer of jurisdiction fund is 6 14 created in the office of the treasurer of state under the 6 15 control of the department. For each fiscal year in the period 6 16 beginning July 1, 2003, and ending June 30, 2013, there is 6 17 transferred from the primary road fund to the transfer of 6 18 jurisdiction fund two and two-tenths percent of the moneys 6 19 credited to the primary road fund pursuant to section 312.2, 6 20 subsection 1. 6 21 b. For each fiscal year in the period beginning July 1, 6 22 2003, and ending June 30, 2013, there is appropriated the 6 23 following percentages of the moneys deposited in the transfer 6 24 of jurisdiction fund for the fiscal year for the following 6 25 purposes: 6 26 (1) Seventy-five percent of the moneys shall be 6 27 apportioned among the counties and cities that assume 6 28 jurisdiction of primary roads pursuant to section 306.8A. 6 29 Such apportionment shall be made based upon the specific 6 30 construction needs identified for the specific counties and 6 31 cities in the transfer of jurisdiction report on file with the 6 32 department pursuant to section 306.8A. 6 33 (2) Twenty-two and one-half percent of the moneys shall be 6 34 deposited in the secondary road fund. 6 35 (3) Two and one-half percent of the moneys shall be 7 1 deposited in the street construction fund of the cities. 7 2 NEW SUBSECTION. 7. For the fiscal year beginning July 1, 7 3 2013, and ending June 30, 2014, and each subsequent fiscal 7 4 year, there is transferred the following percentages of the 7 5 moneys credited to the primary road fund pursuant to section 7 6 312.2, subsection 1, to the following funds: 7 7 a. One and ninety-eight-hundredths percent to the 7 8 secondary road fund. 7 9 b. Twenty-two-hundredths of one percent to the street 7 10 construction fund of the cities. 7 11 EXPLANATION 7 12 This bill provides for the transfer of jurisdiction of 7 13 certain roads and the transfer of funds associated with those 7 14 roads, phases in an increased level of local contribution 7 15 required for full distribution of road use tax fund moneys to 7 16 counties, modifies the procedure required for reclassification 7 17 of county roads as area service "C" roads, and establishes a 7 18 study committee to evaluate the distribution of the street 7 19 construction fund of the cities. 7 20 The bill redefines "municipal street system" to exclude 7 21 roads that are secondary roads within a municipality. The 7 22 current definition excludes only those roads within a 7 23 municipality that are primary roads. 7 24 The bill provides for the transfer of jurisdiction of 7 25 several different types of roads. The bill transfers 7 26 jurisdiction of farm-to-market road extensions within cities 7 27 with a population of less than 1,000 to the applicable county 7 28 boards of supervisors. Once a city reaches a population of 7 29 1,250, jurisdiction over such extensions is to be transferred 7 30 back to the applicable city. The bill also provides for a 7 31 reduction in the apportionment of moneys from the street 7 32 construction fund of the cities to a city that has transferred 7 33 jurisdiction of a farm-to-market road extension to a county. 7 34 The amount of such reduction is to be transferred to the 7 35 secondary road fund of the respective county. 8 1 The bill also provides for the transfer of jurisdiction and 8 2 control of all primary roads identified in a transfer of 8 3 jurisdiction report on file with the state department of 8 4 transportation. Such transfers are not subject to the terms 8 5 and conditions required for other transfers of road 8 6 jurisdiction, including the requirement that the transferring 8 7 jurisdiction either place the road in good repair prior to 8 8 transfer or transfer moneys to the receiving jurisdiction for 8 9 sufficient repair of the road. Prior to FY 2013-2014, roads 8 10 transferred to a county under the new provision are not to be 8 11 included in the department's annual recalculation of 8 12 construction and maintenance needs for secondary roads, which 8 13 recalculation is used to determine counties' apportionments of 8 14 road use tax fund moneys. 8 15 The bill temporarily establishes a transfer of jurisdiction 8 16 fund within the state treasury, under the control of the state 8 17 department of transportation, to provide for the transfer of 8 18 moneys from the primary road fund to local jurisdictions in 8 19 each fiscal year of the fiscal period beginning July 1, 2003, 8 20 and ending June 30, 2013. Seventy-five percent of the moneys 8 21 in the transfer of jurisdiction fund are appropriated for 8 22 apportionment among the counties and cities that assume 8 23 jurisdiction of primary roads pursuant to the transfer of 8 24 jurisdiction report on file with the department. The 8 25 secondary road fund is appropriated 22.5 percent of the moneys 8 26 and the street construction fund of the cities is appropriated 8 27 2.5 percent. For subsequent fiscal years, 1.98 percent and 8 28 .22 percent of the moneys in the primary road fund are 8 29 transferred directly to the secondary road fund and the street 8 30 construction fund of the cities, respectively. 8 31 The bill increases the amount of county effort for 8 32 secondary road services required prior to a county's use of 8 33 the unobligated portion of the county's farm-to-market road 8 34 fund allocation for secondary road projects. The increase is 8 35 implemented by incremental increases over a period of five 9 1 years. The bill also provides that such increases in the 9 2 required county effort shall affect the county's allotment of 9 3 road use tax funds. 9 4 The bill removes the requirement that a petition signed by 9 5 all landowners adjoining a road be presented prior to 9 6 reclassification of a secondary road as an area service "C" 9 7 road pursuant to a county ordinance or resolution. Area 9 8 service "C" classification roads may have restricted access 9 9 and a minimal level of maintenance. 9 10 The bill establishes a street construction fund 9 11 distribution advisory committee. The committee is to be 9 12 comprised of representatives appointed by the president of the 9 13 Iowa section of the American public works association, the 9 14 president of the Iowa league of cities, and the state 9 15 department of transportation. The committee is to recommend 9 16 to the general assembly by January 1, 2004, one or more 9 17 alternative methodologies for distribution of moneys in the 9 18 street construction fund of the cities. 9 19 LSB 1495YC 80 9 20 nh/sh/8
Text: HSB00036 Text: HSB00038 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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