Senate File 2252
SENATE FILE
BY COMMITTEE ON TRANSPORTATION
(SUCCESSOR TO SSB 1135)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the establishment of a regional transit
2 district within the unincorporated areas of certain counties
3 and within certain cities, requiring creation of a regional
4 transit district commission, authorizing the voluntary
5 imposition of a regional transit property tax levy, and
6 providing for the issuance of general obligation bonds and
7 revenue bonds.
8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
9 TLSB 6792SV 80
10 sc/cf/24
PAG LIN
1 1 Section 1. NEW SECTION. 28M.1 REGIONAL TRANSIT DISTRICT
1 2 DEFINED.
1 3 As used in this chapter, unless the context otherwise
1 4 requires:
1 5 1. "Commission" means a regional transit district
1 6 commission appointed pursuant to section 28M.4.
1 7 2. "Regional transit district" means a public transit
1 8 district created by agreement pursuant to chapter 28E by one
1 9 or more counties and participating cities to provide support
1 10 for transportation of passengers by one or more public transit
1 11 systems which may be designated as a public transit system
1 12 under chapter 324A.
1 13 Sec. 2. NEW SECTION. 28M.2 REGIONAL TRANSIT DISTRICT
1 14 CREATED.
1 15 1. A county with a population in excess of three hundred
1 16 thousand and participating cities may create, by chapter 28E
1 17 agreement, a regional transit district in the county pursuant
1 18 to this chapter. Two or more contiguous counties and
1 19 participating cities may create, by chapter 28E agreement, a
1 20 regional transit district pursuant to this chapter if one of
1 21 the counties has a population in excess of three hundred
1 22 thousand. A district shall consist of the unincorporated area
1 23 of any participating county and the incorporated area of any
1 24 city in the county that does not have an urban transit system.
1 25 However, a city without an urban transit system may decline,
1 26 by resolution forwarded to the board of supervisors, to
1 27 participate in a regional transit district.
1 28 2. A city with an urban transit system may participate in
1 29 a regional transit district if the city council, by resolution
1 30 forwarded to the board of supervisors, notifies the county
1 31 that the city wishes to participate.
1 32 3. A city that is located in a nonparticipating county
1 33 that is contiguous to a county with a population in excess of
1 34 three hundred thousand that is creating a regional transit
1 35 district may notify that county, by resolution forwarded to
2 1 the board of supervisors of that county, that the city wishes
2 2 to participate.
2 3 4. The chapter 28E agreement shall include a map showing
2 4 the area and boundaries of the regional transit district.
2 5 Sec. 3. NEW SECTION. 28M.3 REGIONAL TRANSIT DISTRICT
2 6 AUTHORITY == COUNTY ENTERPRISE == BONDING AUTHORITY.
2 7 A regional transit district shall have all the rights,
2 8 powers, and duties of a county enterprise pursuant to sections
2 9 331.462 through 331.469 as they relate to the purpose for
2 10 which the regional transit district is created, including the
2 11 authority to issue revenue bonds for the establishment,
2 12 construction, reconstruction, repair, equipping, remodeling,
2 13 extension, maintenance, and operation of works, vehicles, and
2 14 facilities of a regional transit district. In addition, a
2 15 regional transit district, with the approval of the board of
2 16 supervisors, may issue general obligation bonds as an
2 17 essential county purpose pursuant to chapter 331, division IV,
2 18 part 3, for the establishment, construction, reconstruction,
2 19 repair, equipping, remodeling, extension, maintenance,
2 20 operation of works, vehicles, and facilities of a regional
2 21 transit district. Such general obligation bonds are payable
2 22 from the property tax levy authorized in section 28M.5.
2 23 The commission appointed pursuant to section 28M.4 shall
2 24 exercise all powers of the board of supervisors in management
2 25 and administration of the regional transit district as if it
2 26 were a board of supervisors under sections 331.462 through
2 27 331.469.
2 28 Sec. 4. NEW SECTION. 28M.4 REGIONAL TRANSIT DISTRICT
2 29 COMMISSION == MEMBERSHIP == POWERS.
2 30 1. The governing bodies of counties and cities
2 31 participating in a regional transit district shall appoint a
2 32 commission to manage and administer the regional transit
2 33 district. Commission members shall serve for staggered six=
2 34 year terms. The agreement creating the regional transit
2 35 district shall set the compensation of commission members.
3 1 2. The title to all property of a regional transit
3 2 district shall be held in the name of the district, and the
3 3 commission has all the powers and authorities of a board of
3 4 supervisors with respect to the acquisition by purchase,
3 5 condemnation or otherwise, lease, sale, or other disposition
3 6 of the property, and the management, control, and operation of
3 7 the property, subject to the requirements, terms, covenants,
3 8 conditions, and provisions of any resolutions authorizing the
3 9 issuance of revenue bonds, pledge orders, or other obligations
3 10 which are payable from the revenues of the regional transit
3 11 district, and which are then outstanding.
3 12 3. A commission shall adopt and certify an annual budget
3 13 for the regional transit district. A commission in its budget
3 14 shall allocate the revenue responsibilities of each county and
3 15 city participating in the regional transit district. A
3 16 commission shall be considered a municipality for purposes of
3 17 adopting and certifying a budget pursuant to chapter 24.
3 18 4. A commission may establish a schedule of fares and
3 19 collect fares for the transportation of passengers.
3 20 5. A commission shall levy for and control any tax
3 21 revenues paid to the regional transit district the commission
3 22 administers and all moneys derived from the operation of the
3 23 regional transit district, the sale of its property, interest
3 24 on investments, or from any other source related to the
3 25 regional transit district.
3 26 6. All moneys received by the commission shall be held by
3 27 the county treasurer in a separate fund. If more than one
3 28 county is participating in the regional transit district, the
3 29 moneys shall be paid to the county treasurer of the
3 30 participating county with the largest population. Moneys may
3 31 be paid out of the fund only at the direction of the
3 32 commission.
3 33 7. A commission is subject to section 331.341, subsections
3 34 1, 2, 4, and 5, and section 331.342, in contracting for public
3 35 improvements.
4 1 8. Immediately following a regular or special meeting of a
4 2 commission, the secretary of the commission shall prepare a
4 3 condensed statement of the proceedings of the commission and
4 4 cause the statement to be published not more than twenty days
4 5 following the meeting in one or more newspapers which meet the
4 6 requirements of section 618.14. The statement shall include a
4 7 list of all claims allowed, showing the name of the person or
4 8 firm making the claim, the reason for the claim, and the
4 9 amount of the claim. Salary claims must show the gross amount
4 10 of the claim except that salaries paid to persons regularly
4 11 employed by the commission, for services regularly performed
4 12 by the persons shall be published once annually showing the
4 13 gross amount of the salary.
4 14 9. A commission shall submit to the governing body of each
4 15 participating county and city a detailed annual report,
4 16 including a complete financial statement.
4 17 Sec. 5. NEW SECTION. 28M.5 REGIONAL TRANSIT DISTRICT
4 18 LEVY.
4 19 1. The commission, with the approval of the board of
4 20 supervisors of participating counties and the city council of
4 21 participating cities, may levy annually a tax not to exceed
4 22 ninety=five cents per thousand dollars of the assessed value
4 23 of all taxable property in a regional transit district.
4 24 However, for a city participating in a regional transit
4 25 district, the total of all the tax levies imposed in the city
4 26 pursuant to section 384.12, subsection 10, and this section
4 27 shall not exceed the aggregate of ninety=five cents per
4 28 thousand dollars of the assessed value of all taxable property
4 29 in the participating city.
4 30 The amount of the regional transit district levy that is
4 31 the responsibility of a participating county shall be deducted
4 32 from the maximum rates of taxes authorized to be levied by the
4 33 county pursuant to section 331.423, subsections 1 and 2, as
4 34 applicable.
4 35 The regional transit district tax levy imposed in a
5 1 participating city located in a nonparticipating contiguous
5 2 county shall, when collected, be paid to the county treasurer
5 3 of the participating county.
5 4 2. The proceeds of the tax levy shall be used for the
5 5 operation and maintenance of a regional transit district, for
5 6 payment of debt obligations of the district, and for the
5 7 creation of a reserve fund. The commission may divide the
5 8 territory of a regional transit district outside the
5 9 boundaries of a city into separate service areas and impose a
5 10 regional transit district levy not to exceed the maximum rate
5 11 authorized by this section in each service area.
5 12 Sec. 6. Section 331.441, subsection 2, paragraph b, Code
5 13 2003, is amended by adding the following new subparagraph:
5 14 NEW SUBPARAGRAPH. (15) The establishment, construction,
5 15 reconstruction, repair, equipping, remodeling, extension,
5 16 maintenance, and operation of works, vehicles, and facilities
5 17 of a regional transit district.
5 18 Sec. 7. Section 331.461, subsection 2, Code 2003, is
5 19 amended by adding the following new paragraph:
5 20 NEW PARAGRAPH. h. A regional transit district but only as
5 21 provided for in chapter 28M.
5 22 Sec. 8. Section 384.12, subsection 10, Code 2003, is
5 23 amended to read as follows:
5 24 10. A tax for the operation and maintenance of a municipal
5 25 transit system or for operation and maintenance of a regional
5 26 transit district, and for the creation of a reserve fund for
5 27 the system or district, in an amount not to exceed ninety=five
5 28 cents per thousand dollars of assessed value each year, when
5 29 the revenues from the transit system or district are
5 30 insufficient for such purposes, but proceeds of the tax may
5 31 not be used to pay interest and principal on bonds issued for
5 32 the purposes of the transit system.
5 33 EXPLANATION
5 34 This bill authorizes the creation, by Code chapter 28E
5 35 agreement, of a regional transit district in a county with a
6 1 population in excess of 300,000 or in one or more contiguous
6 2 counties and in certain cities if one of the counties has a
6 3 population excess of 300,000.
6 4 The bill provides that a regional transit district shall
6 5 consist of the unincorporated area of a participating county
6 6 and cities without an urban transit system within the county
6 7 unless the city, by resolution, declines to participate. A
6 8 city that has an urban transit system and is located in a
6 9 participating county may, by resolution, participate in the
6 10 regional transit district. The bill also provides that a city
6 11 located in a nonparticipating contiguous county may, by
6 12 resolution, participate in the regional transit district.
6 13 The bill provides that a regional transit district shall
6 14 have the rights, powers, and duties of a county enterprise
6 15 under Code sections 331.462 through 331.469. The bill
6 16 requires the participating counties and cities to appoint a
6 17 commission to manage and administer the regional transit
6 18 district.
6 19 The bill provides that the commission of a regional transit
6 20 district may establish a schedule of fares and collect fares
6 21 for its transportation services. The bill authorizes the
6 22 commission to adopt a budget and certify for levy a regional
6 23 transit district property tax with the approval of the
6 24 participating counties and cities not to exceed 95 cents per
6 25 $1,000 of the assessed value of all taxable property in the
6 26 county within a regional transit district, including within a
6 27 participating city. The levy is for maintenance and operation
6 28 of a regional transit district, for payment of debt
6 29 obligations, and for a reserve fund. If a city is included in
6 30 a regional transit district, the regional district levy and
6 31 the supplemental levy for municipal transit purposes shall not
6 32 exceed the current limitation of 95 cents per $1,000 of
6 33 assessed value. The bill amends the city supplemental levy
6 34 provision to allow the tax levy for municipal transit to be
6 35 used for payment on bonds issued for the transit system. The
7 1 county portion of a regional transit district levy is to be
7 2 deducted from the basic levies for general and rural services
7 3 in the county, as applicable.
7 4 The bill amends the county bonding laws to provide that a
7 5 regional transit district is an essential county purpose for
7 6 the purpose of issuing general obligation bonds, by the
7 7 commission with the approval of the board of supervisors, to
7 8 finance its works, equipment, and facilities.
7 9 LSB 6792SV 80
7 10 sc/cf/24