Senate File 451

PAG LIN

  1  1                                           SENATE FILE 451
  1  2
  1  3                             AN ACT
  1  4 PROVIDING FOR THE JURISDICTION AND FUNDING OF ROADS BY
  1  5    TRANSFERRING FUNDING FOR AND JURISDICTION OF CERTAIN
  1  6    PRIMARY AND FARM=TO=MARKET ROADS, MODIFYING THE PROCEDURE
  1  7    FOR CLASSIFICATION OF AREA SERVICE "C" ROADS, AND
  1  8    ESTABLISHING A STREET CONSTRUCTION FUND DISTRIBUTION
  1  9    ADVISORY COMMITTEE, AND MAKING APPROPRIATIONS.
  1 10
  1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 12
  1 13    Section 1.  Section 306.3, subsection 5, Code 2003, is
  1 14 amended to read as follows:
  1 15    5.  "Municipal street system" means those streets within
  1 16 municipalities that are not primary roads or secondary roads.
  1 17    Sec. 2.  Section 306.4, Code 2003, is amended by adding the
  1 18 following new subsection:
  1 19    NEW SUBSECTION.  2A.  a.  Effective July 1, 2004,
  1 20 jurisdiction and control over a farm=to=market extension or
  1 21 road transferred pursuant to section 306.8A within a city with
  1 22 a population of less than five hundred shall be vested in the
  1 23 county board of supervisors of the respective county.
  1 24    b.  If the population of a city drops below five hundred
  1 25 after July 1, 2004, as determined by the latest available
  1 26 federal census or special census, jurisdiction and control
  1 27 over a farm=to=market extension located within the city shall
  1 28 be vested in the county board of supervisors of the respective
  1 29 county effective July 1 following census certification by the
  1 30 secretary of state.
  1 31    c.  If the population of a city from which jurisdiction and
  1 32 control over a road has been transferred pursuant to paragraph
  1 33 "a" or "b" exceeds seven hundred fifty, as determined by the
  1 34 latest available federal census or special census, such
  1 35 jurisdiction and control shall be transferred back to the city
  2  1 effective July 1 following census certification by the
  2  2 secretary of state.
  2  3    Sec. 3.  NEW SECTION.  306.8A  TRANSFER OF ROADS IDENTIFIED
  2  4 IN REPORT.
  2  5    1.  The department shall maintain on file the transfer of
  2  6 jurisdiction report compiled by the ad hoc road use tax fund
  2  7 committee.  Such report identifies primary roads for transfer
  2  8 to local jurisdictions.
  2  9    2.  The jurisdiction and control of only those primary
  2 10 roads identified in the transfer of jurisdiction report that
  2 11 are also classified by the department as local service roads
  2 12 shall be transferred from the state to the appropriate county
  2 13 or city effective July 1, 2003.  Such transfers are not
  2 14 subject to the terms and conditions provided in section 306.8.
  2 15    Sec. 4.  Section 307.22, subsection 7, Code 2003, is
  2 16 amended to read as follows:
  2 17    7.  Annually recalculate the construction and maintenance
  2 18 needs of roads under the jurisdiction of each county to take
  2 19 into account the needs of a road whose jurisdiction has been
  2 20 transferred from the department to a county or from a county
  2 21 to the department during the previous year.  Prior to the
  2 22 fiscal year beginning July 1, 2013, the annual recalculation
  2 23 shall not include those roads transferred to a county pursuant
  2 24 to section 306.8A.  The recalculation shall be reported by
  2 25 January 1 of the year following the transfer and shall take
  2 26 effect the following July 1 for the purposes of allocating
  2 27 moneys under sections 312.3 and 312.5.
  2 28    Sec. 5.  Section 309.57, unnumbered paragraph 3, Code 2003,
  2 29 is amended to read as follows:
  2 30    Roads may only be classified as area service "C" by
  2 31 ordinance or resolution upon petition signed by all landowners
  2 32 adjoining the road.  The ordinance or resolution shall specify
  2 33 the level of maintenance effort and the persons who will have
  2 34 access rights to the road.  The county shall only allow access
  2 35 to the road to the owner, lessee, or person in lawful
  3  1 possession of any adjoining land, or the agent or employee of
  3  2 the owner, lessee, or person in lawful possession, or to any
  3  3 peace officer, magistrate, or public employee whose duty it is
  3  4 to supervise the use or perform maintenance of the road.
  3  5 Access to the road shall be restricted by means of a gate or
  3  6 other barrier.
  3  7    Sec. 6.  Section 312.3, subsection 2, Code 2003, is amended
  3  8 to read as follows:
  3  9    2.  a.  Apportion among the cities of the state, in the
  3 10 ratio which the population of each city, as shown by the
  3 11 latest available federal census, bears to the total population
  3 12 of all such cities in the state, the percentage of the road
  3 13 use tax funds which is credited to the street construction
  3 14 fund of the cities, and shall remit to the city clerk of each
  3 15 such city the amount so apportioned to such city.  A city may
  3 16 have one special federal census taken each decade, and the
  3 17 population figure thus obtained shall be used in apportioning
  3 18 amounts under this subsection beginning the calendar year
  3 19 following the year in which the special census is certified by
  3 20 the secretary of state.
  3 21    b.  The apportionment of moneys from the street
  3 22 construction fund of the cities to a city with a farm=to=
  3 23 market extension under county jurisdiction pursuant to section
  3 24 306.4, shall be reduced in the proportion which the share of
  3 25 mileage of the farm=to=market extension bears to the total
  3 26 mileage of streets within the city.  The amount of moneys by
  3 27 which the apportionment to the city is reduced shall be
  3 28 transferred to the secondary road fund of the respective
  3 29 county, to be used only for the maintenance or construction of
  3 30 roads under the county's jurisdiction, and all interest and
  3 31 earnings on the moneys transferred shall remain in the
  3 32 secondary road fund of the county, to be used for the same
  3 33 purposes.
  3 34    c.  The apportionment of moneys from the transfer of
  3 35 jurisdiction fund pursuant to section 313.4, subsection 6,
  4  1 paragraph "b", subparagraph (1), to a city with a street under
  4  2 county jurisdiction pursuant to section 306.4, subsection 2A,
  4  3 shall be transferred to the secondary road fund of the
  4  4 respective county.
  4  5    Sec. 7.  NEW SECTION.  312.3D  STREET CONSTRUCTION FUND
  4  6 DISTRIBUTION ADVISORY COMMITTEE.
  4  7    A street construction fund distribution advisory committee
  4  8 is established to consider methodologies for distribution of
  4  9 moneys in the street construction fund of the cities.  The
  4 10 committee shall be comprised of representatives appointed by
  4 11 the president of the Iowa section of the American public works
  4 12 association, the president of the Iowa league of cities, and
  4 13 the department.  The committee shall recommend to the general
  4 14 assembly by January 1, 2004, for the general assembly's
  4 15 consideration and adoption, one or more alternative
  4 16 methodologies for distribution of moneys in the street
  4 17 construction fund of the cities.
  4 18    Sec. 8.  Section 313.4, Code 2003, is amended by adding the
  4 19 following new subsections:
  4 20    NEW SUBSECTION.  6.  a.  A transfer of jurisdiction fund is
  4 21 created in the office of the treasurer of state under the
  4 22 control of the department.  For each fiscal year in the period
  4 23 beginning July 1, 2003, and ending June 30, 2013, there is
  4 24 transferred from the primary road fund to the transfer of
  4 25 jurisdiction fund one and seventy=five hundredths percent of
  4 26 the moneys credited to the primary road fund pursuant to
  4 27 section 312.2, subsection 1.
  4 28    b.  For each fiscal year in the period beginning July 1,
  4 29 2003, and ending June 30, 2013, there is appropriated the
  4 30 following percentages of the moneys deposited in the transfer
  4 31 of jurisdiction fund for the fiscal year for the following
  4 32 purposes:
  4 33    (1)  Seventy=five percent of the moneys shall be
  4 34 apportioned among the counties and cities that assume
  4 35 jurisdiction of primary roads pursuant to section 306.8A.
  5  1 Such apportionment shall be made based upon the specific
  5  2 construction needs identified for the specific counties and
  5  3 cities in the transfer of jurisdiction report on file with the
  5  4 department pursuant to section 306.8A.  All funds, including
  5  5 any interest or other earnings on the funds, received by a
  5  6 county from the transfer of jurisdiction fund shall be
  5  7 deposited in the secondary road fund of the county to be used
  5  8 only for the maintenance and construction of roads under the
  5  9 county's jurisdiction.  All funds received by a city from the
  5 10 transfer of jurisdiction fund shall be used only for the
  5 11 maintenance and construction of roads under the city's
  5 12 jurisdiction.
  5 13    (2)  Twenty=two and one=half percent of the moneys shall be
  5 14 deposited in the secondary road fund.
  5 15    (3)  Two and one=half percent of the moneys shall be
  5 16 deposited in the street construction fund of the cities.
  5 17    NEW SUBSECTION.  7.  For the fiscal year beginning July 1,
  5 18 2013, and ending June 30, 2014, and each subsequent fiscal
  5 19 year, there is transferred the following percentages of the
  5 20 moneys credited to the primary road fund pursuant to section
  5 21 312.2, subsection 1, to the following funds:
  5 22    a.  One and five hundred seventy=five thousandths percent
  5 23 to the secondary road fund.
  5 24    b.  One hundred seventy=five thousandths of one percent to
  5 25 the street construction fund of the cities.
  5 26
  5 27
  5 28                                                             
  5 29                               MARY E. KRAMER
  5 30                               President of the Senate
  5 31
  5 32
  5 33                                                             
  5 34                               CHRISTOPHER C. RANTS
  5 35                               Speaker of the House
  6  1
  6  2    I hereby certify that this bill originated in the Senate and
  6  3 is known as Senate File 451, Eightieth General Assembly.
  6  4
  6  5
  6  6                                                             
  6  7                               MICHAEL E. MARSHALL
  6  8                               Secretary of the Senate
  6  9 Approved                , 2003
  6 10
  6 11
  6 12                                
  6 13 THOMAS J. VILSACK
  6 14 Governor