Senate Study Bill 1196
SENATE FILE
BY (PROPOSED COMMITTEE ON
APPROPRIATIONS BILL BY
CHAIRPERSON LAMBERTI)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the jurisdiction and funding of roads by
2 transferring funding for and jurisdiction of certain primary
3 and farm=to=market roads, modifying the procedure for
4 classification of area service "C" roads, and establishing a
5 street construction fund distribution advisory committee, and
6 making appropriations.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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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.
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