Text: SSB01195 Text: SSB01197 Text: SSB01100 - SSB01199 Text: SSB 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 five hundred 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 five hundred 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 seven hundred fifty, as determined by the 1 22 latest available federal census or special census, such 1 23 jurisdiction and control shall be transferred back to the city 1 24 effective July 1 following census certification by the 1 25 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. Such report identifies primary roads for transfer 1 31 to local jurisdictions. 1 32 2. The jurisdiction and control of only those primary 1 33 roads identified in the transfer of jurisdiction report that 1 34 are also classified by the department as local service roads 1 35 shall be transferred from the state to the appropriate county 2 1 or city effective July 1, 2003. Such transfers are not 2 2 subject to the terms and conditions provided in section 306.8. 2 3 Sec. 4. Section 307.22, subsection 7, Code 2003, is 2 4 amended to read as follows: 2 5 7. Annually recalculate the construction and maintenance 2 6 needs of roads under the jurisdiction of each county to take 2 7 into account the needs of a road whose jurisdiction has been 2 8 transferred from the department to a county or from a county 2 9 to the department during the previous year. Prior to the 2 10 fiscal year beginning July 1, 2013, the annual recalculation 2 11 shall not include those roads transferred to a county pursuant 2 12 to section 306.8A. The recalculation shall be reported by 2 13 January 1 of the year following the transfer and shall take 2 14 effect the following July 1 for the purposes of allocating 2 15 moneys under sections 312.3 and 312.5. 2 16 Sec. 5. Section 309.57, unnumbered paragraph 3, Code 2003, 2 17 is amended to read as follows: 2 18 Roads may only be classified as area service "C" by 2 19 ordinance or resolutionupon petition signed by all landowners2 20adjoining the road. The ordinance or resolution shall specify 2 21 the level of maintenance effort and the persons who will have 2 22 access rights to the road. The county shall only allow access 2 23 to the road to the owner, lessee, or person in lawful 2 24 possession of any adjoining land, or the agent or employee of 2 25 the owner, lessee, or person in lawful possession, or to any 2 26 peace officer, magistrate, or public employee whose duty it is 2 27 to supervise the use or perform maintenance of the road. 2 28 Access to the road shall be restricted by means of a gate or 2 29 other barrier. 2 30 Sec. 6. Section 312.3, subsection 2, Code 2003, is amended 2 31 to read as follows: 2 32 2. a. Apportion among the cities of the state, in the 2 33 ratio which the population of each city, as shown by the 2 34 latest available federal census, bears to the total population 2 35 of all such cities in the state, the percentage of the road 3 1 use tax funds which is credited to the street construction 3 2 fund of the cities, and shall remit to the city clerk of each 3 3 such city the amount so apportioned to such city. A city may 3 4 have one special federal census taken each decade, and the 3 5 population figure thus obtained shall be used in apportioning 3 6 amounts under this subsection beginning the calendar year 3 7 following the year in which the special census is certified by 3 8 the secretary of state. 3 9 b. The apportionment of moneys from the street 3 10 construction fund of the cities to a city with a farm-to- 3 11 market extension under county jurisdiction pursuant to section 3 12 306.4, shall be reduced in the proportion which the share of 3 13 mileage of the farm-to-market extension bears to the total 3 14 mileage of streets within the city. The amount of moneys by 3 15 which the apportionment to the city is reduced shall be 3 16 transferred to the secondary road fund of the respective 3 17 county. 3 18 c. The apportionment of moneys from the transfer of 3 19 jurisdiction fund pursuant to section 313.4, subsection 6, 3 20 paragraph "b", subparagraph (1), to a city with a street under 3 21 county jurisdiction pursuant to section 306.4, subsection 2A, 3 22 shall be transferred to the secondary road fund of the 3 23 respective county. 3 24 Sec. 7. NEW SECTION. 312.3D STREET CONSTRUCTION FUND 3 25 DISTRIBUTION ADVISORY COMMITTEE. 3 26 A street construction fund distribution advisory committee 3 27 is established to consider methodologies for distribution of 3 28 moneys in the street construction fund of the cities. The 3 29 committee shall be comprised of representatives appointed by 3 30 the president of the Iowa section of the American public works 3 31 association, the president of the Iowa league of cities, and 3 32 the department. The committee shall recommend to the general 3 33 assembly by January 1, 2004, for the general assembly's 3 34 consideration and adoption, one or more alternative 3 35 methodologies for distribution of moneys in the street 4 1 construction fund of the cities. 4 2 Sec. 8. Section 313.4, Code 2003, is amended by adding the 4 3 following new subsections: 4 4 NEW SUBSECTION. 6. a. A transfer of jurisdiction fund is 4 5 created in the office of the treasurer of state under the 4 6 control of the department. For each fiscal year in the period 4 7 beginning July 1, 2003, and ending June 30, 2013, there is 4 8 transferred from the primary road fund to the transfer of 4 9 jurisdiction fund one and seventy-five hundredths percent of 4 10 the moneys credited to the primary road fund pursuant to 4 11 section 312.2, subsection 1. 4 12 b. For each fiscal year in the period beginning July 1, 4 13 2003, and ending June 30, 2013, there is appropriated the 4 14 following percentages of the moneys deposited in the transfer 4 15 of jurisdiction fund for the fiscal year for the following 4 16 purposes: 4 17 (1) Seventy-five percent of the moneys shall be 4 18 apportioned among the counties and cities that assume 4 19 jurisdiction of primary roads pursuant to section 306.8A. 4 20 Such apportionment shall be made based upon the specific 4 21 construction needs identified for the specific counties and 4 22 cities in the transfer of jurisdiction report on file with the 4 23 department pursuant to section 306.8A. All funds received by 4 24 a county or city from the transfer of jurisdiction fund shall 4 25 be used only for the maintenance and construction of roads 4 26 under the county's or city's jurisdiction. 4 27 (2) Twenty-two and one-half percent of the moneys shall be 4 28 deposited in the secondary road fund. 4 29 (3) Two and one-half percent of the moneys shall be 4 30 deposited in the street construction fund of the cities. 4 31 NEW SUBSECTION. 7. For the fiscal year beginning July 1, 4 32 2013, and ending June 30, 2014, and each subsequent fiscal 4 33 year, there is transferred the following percentages of the 4 34 moneys credited to the primary road fund pursuant to section 4 35 312.2, subsection 1, to the following funds: 5 1 a. One and five hundred seventy-five thousandths percent 5 2 to the secondary road fund. 5 3 b. One hundred seventy-five thousandths of one percent to 5 4 the street construction fund of the cities. 5 5 EXPLANATION 5 6 This bill provides for the transfer of jurisdiction of 5 7 certain roads and the transfer of funds associated with those 5 8 roads, modifies the procedure required for reclassification of 5 9 county roads as area service "C" roads, and establishes a 5 10 study committee to evaluate the distribution of the street 5 11 construction fund of the cities. 5 12 The bill redefines "municipal street system" to exclude 5 13 roads that are secondary roads within a municipality. The 5 14 current definition excludes only those roads within a 5 15 municipality that are primary roads. 5 16 The bill provides for the transfer of jurisdiction of 5 17 several different types of roads. The bill transfers 5 18 jurisdiction of farm-to-market road extensions within cities 5 19 with a population of less than 500 to the applicable county 5 20 boards of supervisors. Once a city reaches a population of 5 21 750, jurisdiction over such extensions is to be transferred 5 22 back to the applicable city. The bill also provides for a 5 23 reduction in the apportionment of moneys from the street 5 24 construction fund of the cities to a city that has transferred 5 25 jurisdiction of a farm-to-market road extension to a county. 5 26 The amount of such reduction is to be transferred to the 5 27 secondary road fund of the respective county. Similarly, the 5 28 bill provides for the transfer of moneys received by a city 5 29 from the transfer of jurisdiction fund established in the bill 5 30 if a street within the city is under county jurisdiction. 5 31 The bill also provides for the transfer of jurisdiction and 5 32 control of primary roads identified in a transfer of 5 33 jurisdiction report on file with the state department of 5 34 transportation that are also classified by the department as 5 35 local service roads. Such transfers are not subject to the 6 1 terms and conditions required for other transfers of road 6 2 jurisdiction, including the requirement that the transferring 6 3 jurisdiction either place the road in good repair prior to 6 4 transfer or transfer moneys to the receiving jurisdiction for 6 5 sufficient repair of the road. Prior to FY 2013-2014, roads 6 6 transferred to a county under the new provision are not to be 6 7 included in the department's annual recalculation of 6 8 construction and maintenance needs for secondary roads, which 6 9 recalculation is used to determine counties' apportionments of 6 10 road use tax fund moneys. 6 11 The bill temporarily establishes a transfer of jurisdiction 6 12 fund within the state treasury, under the control of the state 6 13 department of transportation, to provide for the transfer of 6 14 moneys from the primary road fund to local jurisdictions in 6 15 each fiscal year of the fiscal period beginning July 1, 2003, 6 16 and ending June 30, 2013. Seventy-five percent of the moneys 6 17 in the transfer of jurisdiction fund are appropriated for 6 18 apportionment among the counties and cities that assume 6 19 jurisdiction of primary roads pursuant to the transfer of 6 20 jurisdiction report on file with the department. Such funds 6 21 are only to be used for the maintenance and construction of 6 22 roads. The secondary road fund is appropriated 22.5 percent 6 23 of the moneys and the street construction fund of the cities 6 24 is appropriated 2.5 percent. For subsequent fiscal years, 6 25 1.575 percent and .175 percent of the moneys in the primary 6 26 road fund are transferred directly to the secondary road fund 6 27 and the street construction fund of the cities, respectively. 6 28 The bill removes the requirement that a petition signed by 6 29 all landowners adjoining a road be presented prior to 6 30 reclassification of a secondary road as an area service "C" 6 31 road pursuant to a county ordinance or resolution. Area 6 32 service "C" classification roads may have restricted access 6 33 and a minimal level of maintenance. 6 34 The bill establishes a street construction fund 6 35 distribution advisory committee. The committee is to be 7 1 comprised of representatives appointed by the president of the 7 2 Iowa section of the American public works association, the 7 3 president of the Iowa league of cities, and the state 7 4 department of transportation. The committee is to recommend 7 5 to the general assembly by January 1, 2004, one or more 7 6 alternative methodologies for distribution of moneys in the 7 7 street construction fund of the cities. 7 8 LSB 3443XC 80 7 9 nh/sh/8
Text: SSB01195 Text: SSB01197 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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