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Senate Study Bill 1196

Bill Text

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 resolution upon petition signed by all landowners
  2 20 adjoining 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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