Provide that no county transfer jurisdiction of a county highway to a municipality unless the highway meets a minimum pavement condition rating, or unless there is mutual agreement of the county and municipality.
Summary
HB 1226 would restrict when a county may transfer jurisdiction of a county highway to a municipality. Under the bill, a transfer could occur only if the roadway has a pavement condition index of at least 85, or if the county and municipality mutually agree to the transfer even when the pavement rating is below that threshold. The bill also requires the county to notify the Department of Transportation of any proposed transfer.
The measure amends existing law governing county highway system changes by carving out this new transfer standard from the general rule that county highway changes must be made through a written executive order of the Department of Transportation. It also defines “pavement condition index” as a 0-to-100 measure of pavement condition, with higher scores indicating better roadway quality. In practical terms, the bill would limit counties’ ability to offload lower-condition roads to cities unless both local governments consent.
Impact
HB 1226 would affect county and municipal control over public highways by setting a statewide minimum pavement condition threshold for jurisdiction transfers and preserving a local-government exception through mutual agreement. It would amend § 31-12-2 and add a new section to chapter 31-12, thereby changing the legal process for altering county highway plans and requiring notice to the Department of Transportation. Counties, municipalities, and the DOT would be the primary parties affected.
Sentiment
The available voting history suggests the bill was controversial and did not advance, as it was tabled by an 11-2 vote on February 11, 2025. With no committee transcript available, there is no recorded debate to indicate detailed arguments for or against the measure, but the vote pattern suggests limited support or unresolved concerns among committee members.
Contention
The main point of contention is likely the proposed 85 pavement condition index threshold, which could prevent counties from transferring roads that are in poorer condition unless a municipality agrees to accept them. Supporters would likely view the bill as a way to prevent counties from shifting maintenance burdens for deteriorated roads onto cities, while opponents may see it as too rigid or as interfering with local flexibility in managing road jurisdiction. The mutual-agreement exception appears designed to soften that concern, but the tabling vote indicates the committee was not ready to move the bill forward.