H.F. 729 Section 1. NEW SECTION . 307.19 Railway tracks overpass and 1 underpass fund. 2 1. A railway tracks overpass and underpass fund is created 3 in the state treasury under the control of the department. The 4 fund shall consist of all moneys appropriated to the fund. 5 2. Moneys in the fund are appropriated to the department 6 to distribute in the form of grants to cities and counties 7 to assist with the construction of highway overpasses and 8 underpasses across railway tracks. 9 3. Notwithstanding section 12C.7, subsection 2, interest 10 or earnings on moneys deposited in the fund shall be credited 11 to the fund. Notwithstanding section 8.33, moneys in the fund 12 shall not revert at the close of a fiscal year. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 Under current law, a city may by ordinance require a railway 17 company operating railway tracks on or across a city street 18 to construct and maintain an overpass or underpass over or 19 under the tracks, and may establish specifications for the 20 construction of such an overpass or underpass (see Code 21 section 364.8). The department of transportation (DOT) must 22 approve the overpass or underpass specifications and determine 23 whether an overpass or underpass is necessary for public safety 24 and convenience. A city must pay one half of all required 25 maintenance costs, and may allocate costs between railway 26 companies whose tracks are to be crossed by an overpass or 27 underpass. Similar provisions for secondary roads under county 28 jurisdiction do not exist. 29 This bill creates the railway tracks overpass and underpass 30 fund (fund) under the control of the DOT. Moneys in the fund 31 are appropriated to the DOT to distribute in the form of grants 32 to cities and counties to assist with the construction of 33 highway overpasses and underpasses across railway tracks. 34 -1- LSB 2633YH (3) 91 th/ns 1/ 1