Senate File 236 - Introduced
SENATE FILE
BY BOLKCOM
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act requiring notice and consent for certain transfers of
2 jurisdiction of a highway.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2097SS 81
5 eg/sh/8
PAG LIN
1 1 Section 1. Section 306.8, Code 2005, is amended to read as
1 2 follows:
1 3 306.8 TRANSFER OF JURISDICTION.
1 4 1. Prior to a change in jurisdiction of a road or street,
1 5 the unit of government having jurisdiction shall either place
1 6 the road or street and any structures on the road or street in
1 7 good repair or provide for the transfer of money to the
1 8 appropriate jurisdiction in an amount sufficient for the
1 9 repairs to the road or street and any structures on the road
1 10 or street.
1 11 2. Transfers of the jurisdiction and control of roads and
1 12 streets may take place if agreements are entered into between
1 13 the jurisdictions of government involved in the transfer of
1 14 such roads and streets and the requirements of sections 306.8B
1 15 and 313.2 are met.
1 16 Sec. 2. NEW SECTION. 306.8B TRANSFER BY THE DEPARTMENT.
1 17 1. If the department and a county or city agree to
1 18 transfer a portion of a highway that is under the jurisdiction
1 19 of the department to the county or city and a part of the
1 20 highway sought to be transferred is located outside the
1 21 boundaries of the county or city seeking the transfer, an
1 22 agreement shall not be executed without the consent of the
1 23 county or city having any part of such highway located within
1 24 its boundaries. Without such consent, the department shall
1 25 retain jurisdiction of that part of the highway. For purposes
1 26 of this section, "transferee" means a county or city seeking a
1 27 transfer of that part of a highway located outside of its
1 28 boundaries.
1 29 2. The department and the transferee shall publish a
1 30 notice of intent to execute such agreement in a newspaper of
1 31 general circulation within the county in which the highway is
1 32 located. The cost of such notice shall be jointly borne by
1 33 the department and the transferee.
1 34 3. If one hundred or more residents of the county or city
1 35 in which the highway is located request by petition that a
2 1 hearing be held in regard to such agreement within ten days
2 2 after the publication of the notice, the board of supervisors
2 3 or city council of the county or city in which the highway is
2 4 located shall hold such a hearing not more than seven days
2 5 after receiving the petition, and based upon evidence
2 6 presented at such hearing shall decide whether to consent to
2 7 the agreement.
2 8 4. If no hearing is requested, the board of supervisors or
2 9 city council of the county or city in which the highway is
2 10 located shall decide whether or not to consent to such
2 11 agreement.
2 12 5. Within sixty days of the date of publishing the notice
2 13 of intent to execute such agreement, the board of supervisors
2 14 or city council of the county or city in which the highway is
2 15 located shall give written notice to the department and the
2 16 transferee of its consent to or rejection of the agreement.
2 17 If the board of supervisors or city council fails to give such
2 18 notice, consent to the agreement is deemed given and the
2 19 department may execute an agreement with the transferee.
2 20 Sec. 3. Section 313.2, Code 2005, is amended to read as
2 21 follows:
2 22 313.2 "ROAD SYSTEMS" DEFINED == TRANSFER OF JURISDICTION
2 23 == ROADSIDE PARKS.
2 24 1. The roads and streets of the state are, for the purpose
2 25 of this chapter, those roads and streets established under
2 26 chapter 306.
2 27 2. Whenever the board of supervisors of a county and the
2 28 department mutually determine that a portion of a highway
2 29 under the jurisdiction of either party should be transferred
2 30 to the jurisdiction of the other party, the board and
2 31 department may enter into an agreement to effect such
2 32 transfer; however, the department shall comply with section
2 33 306.8B to transfer a part of a highway that is located beyond
2 34 the county's boundaries. Such agreement may provide that each
2 35 party may undertake or share responsibility for improving said
3 1 road with the costs of such improvement to be borne entirely
3 2 by either the county or the department or equitably divided
3 3 between the two jurisdictions. All such improvements shall be
3 4 completed and all actual costs thereof paid or reimbursed
3 5 prior to the time transfer of the road is made. In carrying
3 6 out such agreement, the board of supervisors may expend
3 7 secondary road funds of the county and the department may
3 8 expend primary road funds.
3 9 3. However, prior to entering into the agreement, a notice
3 10 of intent to execute such agreement shall be published in a
3 11 newspaper of general circulation within the county and the
3 12 cost of such notice shall be jointly borne by the department
3 13 and the board of supervisors. If one hundred or more
3 14 residents of the county request by petition or in writing that
3 15 a hearing be held in regard to such agreement within ten days
3 16 after the publication of the notice, the board of supervisors
3 17 and the department shall hold such a hearing not more than
3 18 seven days after receiving the petition or written instrument,
3 19 and based upon evidence presented at such hearing shall re=
3 20 examine the merits of executing such agreement and make a
3 21 decision in regard to it.
3 22 4. The department may, for the purpose of affording access
3 23 to cities or state parks, or for the purpose of shortening the
3 24 direct line of travel on important routes, or to effect
3 25 connections with interstate roads at the state line, add such
3 26 road or roads to the primary system.
3 27 5. The department, either alone or in co=operation with
3 28 any county, shall have the authority to utilize any land
3 29 acquired incidental to the acquisition of land for highway
3 30 right of way and to also accept by gift, lands not exceeding
3 31 two acres in area for roadside parks and parking areas. The
3 32 department may furnish necessary maintenance. The department
3 33 shall also have authority to accept by gift, equipment or
3 34 other installations incidental to the use of said parks and
3 35 parking areas. Said parks and parking areas shall be a part
4 1 of the primary road system and the department may at its
4 2 discretion sell or otherwise dispose of said lands.
4 3 6. Reasonable maintenance and surveillance of rest area
4 4 sites and buildings located thereon shall be provided by
4 5 employees of the department within the limits of
4 6 appropriations provided for such purpose.
4 7 EXPLANATION
4 8 This bill relates to the transfer of jurisdiction of
4 9 highways which are under the jurisdiction of the state
4 10 department of transportation. The department may agree with a
4 11 county or city to transfer jurisdiction of a highway to the
4 12 county or city. The bill provides that the department cannot
4 13 agree to a transfer of that part of the highway that extends
4 14 beyond the transferee county's or city's boundaries without
4 15 the consent of the county or city, not party to the agreement,
4 16 in which the highway is located. The bill provides notice and
4 17 hearing procedures.
4 18 LSB 2097SS 81
4 19 eg:nh/sh/8