Text: SF00450 Text: SF00452 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 451 1 2 1 3 AN ACT 1 4 PROVIDING FOR THE JURISDICTION AND FUNDING OF ROADS BY 1 5 TRANSFERRING FUNDING FOR AND JURISDICTION OF CERTAIN 1 6 PRIMARY AND FARM-TO-MARKET ROADS, MODIFYING THE PROCEDURE 1 7 FOR CLASSIFICATION OF AREA SERVICE "C" ROADS, AND 1 8 ESTABLISHING A STREET CONSTRUCTION FUND DISTRIBUTION 1 9 ADVISORY COMMITTEE, AND MAKING APPROPRIATIONS. 1 10 1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 12 1 13 Section 1. Section 306.3, subsection 5, Code 2003, is 1 14 amended to read as follows: 1 15 5. "Municipal street system" means those streets within 1 16 municipalities that are not primary roads or secondary roads. 1 17 Sec. 2. Section 306.4, Code 2003, is amended by adding the 1 18 following new subsection: 1 19 NEW SUBSECTION. 2A. a. Effective July 1, 2004, 1 20 jurisdiction and control over a farm-to-market extension or 1 21 road transferred pursuant to section 306.8A within a city with 1 22 a population of less than five hundred shall be vested in the 1 23 county board of supervisors of the respective county. 1 24 b. If the population of a city drops below five hundred 1 25 after July 1, 2004, as determined by the latest available 1 26 federal census or special census, jurisdiction and control 1 27 over a farm-to-market extension located within the city shall 1 28 be vested in the county board of supervisors of the respective 1 29 county effective July 1 following census certification by the 1 30 secretary of state. 1 31 c. If the population of a city from which jurisdiction and 1 32 control over a road has been transferred pursuant to paragraph 1 33 "a" or "b" exceeds seven hundred fifty, as determined by the 1 34 latest available federal census or special census, such 1 35 jurisdiction and control shall be transferred back to the city 2 1 effective July 1 following census certification by the 2 2 secretary of state. 2 3 Sec. 3. NEW SECTION. 306.8A TRANSFER OF ROADS IDENTIFIED 2 4 IN REPORT. 2 5 1. The department shall maintain on file the transfer of 2 6 jurisdiction report compiled by the ad hoc road use tax fund 2 7 committee. Such report identifies primary roads for transfer 2 8 to local jurisdictions. 2 9 2. The jurisdiction and control of only those primary 2 10 roads identified in the transfer of jurisdiction report that 2 11 are also classified by the department as local service roads 2 12 shall be transferred from the state to the appropriate county 2 13 or city effective July 1, 2003. Such transfers are not 2 14 subject to the terms and conditions provided in section 306.8. 2 15 Sec. 4. Section 307.22, subsection 7, Code 2003, is 2 16 amended to read as follows: 2 17 7. Annually recalculate the construction and maintenance 2 18 needs of roads under the jurisdiction of each county to take 2 19 into account the needs of a road whose jurisdiction has been 2 20 transferred from the department to a county or from a county 2 21 to the department during the previous year. Prior to the 2 22 fiscal year beginning July 1, 2013, the annual recalculation 2 23 shall not include those roads transferred to a county pursuant 2 24 to section 306.8A. The recalculation shall be reported by 2 25 January 1 of the year following the transfer and shall take 2 26 effect the following July 1 for the purposes of allocating 2 27 moneys under sections 312.3 and 312.5. 2 28 Sec. 5. Section 309.57, unnumbered paragraph 3, Code 2003, 2 29 is amended to read as follows: 2 30 Roads may only be classified as area service "C" by 2 31 ordinance or resolutionupon petition signed by all landowners2 32adjoining the road. The ordinance or resolution shall specify 2 33 the level of maintenance effort and the persons who will have 2 34 access rights to the road. The county shall only allow access 2 35 to the road to the owner, lessee, or person in lawful 3 1 possession of any adjoining land, or the agent or employee of 3 2 the owner, lessee, or person in lawful possession, or to any 3 3 peace officer, magistrate, or public employee whose duty it is 3 4 to supervise the use or perform maintenance of the road. 3 5 Access to the road shall be restricted by means of a gate or 3 6 other barrier. 3 7 Sec. 6. Section 312.3, subsection 2, Code 2003, is amended 3 8 to read as follows: 3 9 2. a. Apportion among the cities of the state, in the 3 10 ratio which the population of each city, as shown by the 3 11 latest available federal census, bears to the total population 3 12 of all such cities in the state, the percentage of the road 3 13 use tax funds which is credited to the street construction 3 14 fund of the cities, and shall remit to the city clerk of each 3 15 such city the amount so apportioned to such city. A city may 3 16 have one special federal census taken each decade, and the 3 17 population figure thus obtained shall be used in apportioning 3 18 amounts under this subsection beginning the calendar year 3 19 following the year in which the special census is certified by 3 20 the secretary of state. 3 21 b. The apportionment of moneys from the street 3 22 construction fund of the cities to a city with a farm-to- 3 23 market extension under county jurisdiction pursuant to section 3 24 306.4, shall be reduced in the proportion which the share of 3 25 mileage of the farm-to-market extension bears to the total 3 26 mileage of streets within the city. The amount of moneys by 3 27 which the apportionment to the city is reduced shall be 3 28 transferred to the secondary road fund of the respective 3 29 county, to be used only for the maintenance or construction of 3 30 roads under the county's jurisdiction, and all interest and 3 31 earnings on the moneys transferred shall remain in the 3 32 secondary road fund of the county, to be used for the same 3 33 purposes. 3 34 c. The apportionment of moneys from the transfer of 3 35 jurisdiction fund pursuant to section 313.4, subsection 6, 4 1 paragraph "b", subparagraph (1), to a city with a street under 4 2 county jurisdiction pursuant to section 306.4, subsection 2A, 4 3 shall be transferred to the secondary road fund of the 4 4 respective county. 4 5 Sec. 7. NEW SECTION. 312.3D STREET CONSTRUCTION FUND 4 6 DISTRIBUTION ADVISORY COMMITTEE. 4 7 A street construction fund distribution advisory committee 4 8 is established to consider methodologies for distribution of 4 9 moneys in the street construction fund of the cities. The 4 10 committee shall be comprised of representatives appointed by 4 11 the president of the Iowa section of the American public works 4 12 association, the president of the Iowa league of cities, and 4 13 the department. The committee shall recommend to the general 4 14 assembly by January 1, 2004, for the general assembly's 4 15 consideration and adoption, one or more alternative 4 16 methodologies for distribution of moneys in the street 4 17 construction fund of the cities. 4 18 Sec. 8. Section 313.4, Code 2003, is amended by adding the 4 19 following new subsections: 4 20 NEW SUBSECTION. 6. a. A transfer of jurisdiction fund is 4 21 created in the office of the treasurer of state under the 4 22 control of the department. For each fiscal year in the period 4 23 beginning July 1, 2003, and ending June 30, 2013, there is 4 24 transferred from the primary road fund to the transfer of 4 25 jurisdiction fund one and seventy-five hundredths percent of 4 26 the moneys credited to the primary road fund pursuant to 4 27 section 312.2, subsection 1. 4 28 b. For each fiscal year in the period beginning July 1, 4 29 2003, and ending June 30, 2013, there is appropriated the 4 30 following percentages of the moneys deposited in the transfer 4 31 of jurisdiction fund for the fiscal year for the following 4 32 purposes: 4 33 (1) Seventy-five percent of the moneys shall be 4 34 apportioned among the counties and cities that assume 4 35 jurisdiction of primary roads pursuant to section 306.8A. 5 1 Such apportionment shall be made based upon the specific 5 2 construction needs identified for the specific counties and 5 3 cities in the transfer of jurisdiction report on file with the 5 4 department pursuant to section 306.8A. All funds, including 5 5 any interest or other earnings on the funds, received by a 5 6 county from the transfer of jurisdiction fund shall be 5 7 deposited in the secondary road fund of the county to be used 5 8 only for the maintenance and construction of roads under the 5 9 county's jurisdiction. All funds received by a city from the 5 10 transfer of jurisdiction fund shall be used only for the 5 11 maintenance and construction of roads under the city's 5 12 jurisdiction. 5 13 (2) Twenty-two and one-half percent of the moneys shall be 5 14 deposited in the secondary road fund. 5 15 (3) Two and one-half percent of the moneys shall be 5 16 deposited in the street construction fund of the cities. 5 17 NEW SUBSECTION. 7. For the fiscal year beginning July 1, 5 18 2013, and ending June 30, 2014, and each subsequent fiscal 5 19 year, there is transferred the following percentages of the 5 20 moneys credited to the primary road fund pursuant to section 5 21 312.2, subsection 1, to the following funds: 5 22 a. One and five hundred seventy-five thousandths percent 5 23 to the secondary road fund. 5 24 b. One hundred seventy-five thousandths of one percent to 5 25 the street construction fund of the cities. 5 26 5 27 5 28 5 29 MARY E. KRAMER 5 30 President of the Senate 5 31 5 32 5 33 5 34 CHRISTOPHER C. RANTS 5 35 Speaker of the House 6 1 6 2 I hereby certify that this bill originated in the Senate and 6 3 is known as Senate File 451, Eightieth General Assembly. 6 4 6 5 6 6 6 7 MICHAEL E. MARSHALL 6 8 Secretary of the Senate 6 9 Approved , 2003 6 10 6 11 6 12 6 13 THOMAS J. VILSACK 6 14 Governor
Text: SF00450 Text: SF00452 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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