HF 729 (LSB 2633YH (3) 91)

HOUSE FILE 729

BY  DETERMANN

A BILL FOR

An Act relating to a railway tracks overpass and underpass fund, and making appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  307.19  Railway tracks overpass and underpass fund.
   1.  A railway tracks overpass and underpass fund is created in the state treasury under the control of the department. The fund shall consist of all moneys appropriated to the fund.
   2.  Moneys in the fund are appropriated to the department to distribute in the form of grants to cities and counties to assist with the construction of highway overpasses and underpasses across railway tracks.
   3.  Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the fund shall be credited to the fund. Notwithstanding section 8.33, moneys in the fund shall not revert at the close of a fiscal year.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, a city may by ordinance require a railway company operating railway tracks on or across a city street to construct and maintain an overpass or underpass over or under the tracks, and may establish specifications for the construction of such an overpass or underpass (see Code section 364.8). The department of transportation (DOT) must approve the overpass or underpass specifications and determine whether an overpass or underpass is necessary for public safety and convenience. A city must pay one half of all required maintenance costs, and may allocate costs between railway companies whose tracks are to be crossed by an overpass or underpass. Similar provisions for secondary roads under county jurisdiction do not exist.
   This bill creates the railway tracks overpass and underpass fund (fund) under the control of the DOT. Moneys in the fund are appropriated to the DOT to distribute in the form of grants to cities and counties to assist with the construction of highway overpasses and underpasses across railway tracks.