House File 2346      



                                    HOUSE FILE       
                                    BY  J. TAYLOR, KLEIN,
                                        HEIN, DE BOEF, MOORE,
                                        PAUSTIAN, QUIRK,
                                        SCHULTZ, GRASSLEY,
                                        WINDSCHITL, and HAGER

                                         A BILL FOR

     1 An Act relating to funding for projects on roads and bridges
     2    in critical need of repair or maintenance, and making an
     3    appropriation.
     4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 8.55, subsection 2, paragraph a, Code
  1  2 Supplement 2011, is amended to read as follows:
  1  3    a.  The maximum balance of the fund is the amount equal to
  1  4 two and one=half percent of the adjusted revenue estimate for
  1  5 the fiscal year. If the amount of moneys in the Iowa economic
  1  6 emergency fund is equal to the maximum balance, moneys in
  1  7 excess of this amount shall be distributed as follows:
  1  8    (1)  The first sixty million dollars of the difference
  1  9 between the actual net revenue for the general fund of the
  1 10 state for the fiscal year and the adjusted revenue estimate for
  1 11 the fiscal year shall be transferred to the taxpayers trust
  1 12 fund.
  1 13    (2)  Moneys in excess of the amount transferred under
  1 14 subparagraph (1), up to a maximum amount of sixty million
  1 15 dollars, shall be transferred to the critical needs road fund
  1 16 created under section 312B.1.
  1 17    (2)  (3)  The remainder of the excess, if any, shall be
  1 18 transferred to the general fund of the state.
  1 19    Sec. 2.  Section 8.58, Code Supplement 2011, is amended to
  1 20 read as follows:
  1 21    8.58  Exemption from automatic application.
  1 22    1.  To the extent that moneys appropriated under section
  1 23 8.57 do not result in moneys being credited to the general fund
  1 24 under section 8.55, subsection 2, moneys appropriated under
  1 25 section 8.57 and moneys contained in the cash reserve fund,
  1 26 rebuild Iowa infrastructure fund, environment first fund, Iowa
  1 27 economic emergency fund, and taxpayers trust fund, and critical
  1 28 needs road fund shall not be considered in the application of
  1 29 any formula, index, or other statutory triggering mechanism
  1 30 which would affect appropriations, payments, or taxation rates,
  1 31 contrary provisions of the Code notwithstanding.
  1 32    2.  To the extent that moneys appropriated under section
  1 33 8.57 do not result in moneys being credited to the general fund
  1 34 under section 8.55, subsection 2, moneys appropriated under
  1 35 section 8.57 and moneys contained in the cash reserve fund,
  2  1 rebuild Iowa infrastructure fund, environment first fund, Iowa
  2  2 economic emergency fund, and taxpayers trust fund, and critical
  2  3 needs road fund shall not be considered by an arbitrator or in
  2  4 negotiations under chapter 20.
  2  5    Sec. 3.  NEW SECTION.  312B.1  Critical needs road fund.
  2  6    1.  A critical needs road fund is created in the state
  2  7 treasury under the control of the department of transportation.
  2  8 The fund shall be separate from the general fund of the state
  2  9 and the balance in the fund shall not be considered part of
  2 10 the balance of the general fund of the state. The fund shall
  2 11 consist of moneys appropriated by the general assembly and any
  2 12 revenues credited by law to the critical needs road fund.  The
  2 13 moneys in the fund are not subject to section 8.33 and shall
  2 14 not be transferred, used, obligated, appropriated, or otherwise
  2 15 encumbered except as provided in this section.  Notwithstanding
  2 16 section 12C.7, subsection 2, interest or earnings on moneys
  2 17 deposited in the critical needs road fund shall be credited to
  2 18 the fund.
  2 19    2.  Moneys in the critical needs road fund are appropriated
  2 20 to the department of transportation to be used as directed
  2 21 by the department exclusively for the repair and maintenance
  2 22 of roads on the primary or secondary road system, or the
  2 23 municipal street system, including bridges.  The department
  2 24 shall establish guidelines for identifying roads and bridges
  2 25 in critical need of repair or maintenance and for prioritizing
  2 26 projects to receive funding under this section.  Moneys
  2 27 distributed from the critical needs road fund may be used
  2 28 in combination with other available funding as necessary to
  2 29 accomplish the completion of a qualifying project and to
  2 30 accomplish the goal of reducing the number of Iowa roads and
  2 31 bridges with critical needs.
  2 32                           EXPLANATION
  2 33    This bill establishes a critical needs road fund in the state
  2 34 treasury under the control of the department of transportation.
  2 35 Moneys in the fund are appropriated to the department to be
  3  1 used exclusively for repair and maintenance of state and
  3  2 local roads.  The department is authorized to direct the
  3  3 use of the fund's resources according to guidelines to be
  3  4 established by the department for identifying roads and bridges
  3  5 in critical need of repair or maintenance and for prioritizing
  3  6 critical needs projects.  Moneys from the fund may be used in
  3  7 combination with other available funding.
  3  8    The bill provides that if the economic emergency fund
  3  9 reaches the maximum balance, after the required transfer of a
  3 10 portion of the excess to the taxpayers trust fund and before
  3 11 any remaining excess is transferred to the general fund of the
  3 12 state, any excess moneys in an amount up to $60 million shall
  3 13 be transferred to the critical needs road fund.
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