House File 2299 - Introduced



                                       HOUSE FILE       
                                       BY  SANDS and PAULSEN


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to posting of local government budgets, certain
  2    annual financial reports, and contract information on the
  3    internet.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5185HH 82
  6 md/sc/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  24A.1  DEFINITIONS.
  1  2    As used in this chapter:
  1  3    1.  "Contract" means an agreement between a political
  1  4 subdivision and a person or entity involving the exchange or
  1  5 payment of five thousand dollars or more.  A contract shall
  1  6 not include a contract that is a confidential record pursuant
  1  7 to section 22.7.
  1  8    2.  "Expenditure" means a payment made by a political
  1  9 subdivision to any person or entity of five thousand dollars
  1 10 or more or multiple related payments to a person or entity
  1 11 totaling five thousand dollars or more.
  1 12    3.  "Political subdivision" means a municipality required
  1 13 to adopt and certify a budget under chapter 24 or a political
  1 14 subdivision required to certify a budget under section 24.17.
  1 15 "Political subdivision" includes but is not limited to
  1 16 counties, cities, school districts, area hospitals, townships,
  1 17 and regional transit districts.
  1 18    Sec. 2.  NEW SECTION.  24A.2  ANNUAL REPORT ON CONTRACTS ==
  1 19 INTERNET POSTING.
  1 20    1.  On or before June 30 of each fiscal year, a political
  1 21 subdivision shall prepare an annual report of all contracts
  1 22 entered into or in effect during that fiscal year.  The report
  1 23 shall be on a form prepared by the department of management
  1 24 and shall include all of the following:
  1 25    a.  Names of all parties to the contract.
  1 26    b.  Date the contract was executed.
  1 27    c.  Amounts of all expenditures made in connection with the
  1 28 contract.
  1 29    d.  Description of the contents and general nature of the
  1 30 contract.
  1 31    2.  A political subdivision shall post a report of all
  1 32 contracts on the political subdivision's web site, if one is
  1 33 available, or on the government web site of the county where
  1 34 the political subdivision is located in all other cases.
  1 35    3.  The department of management shall establish a uniform
  2  1 format that permits political subdivisions to produce and
  2  2 report contract data required under subsection 1.  A political
  2  3 subdivision shall submit its contract report for the previous
  2  4 fiscal year to the department of management on or before
  2  5 August 1 of each year.  The department of management shall
  2  6 post each contract report received on the department's web
  2  7 site created under section 24A.5, or shall place an electronic
  2  8 link on the department's web site to each contract report
  2  9 posted on the political subdivision web site or county web
  2 10 site.
  2 11    4.  Annual contract reports shall remain available to the
  2 12 public on the political subdivision's web site, or county web
  2 13 site, and the department of management's web site for a period
  2 14 of ten years.
  2 15    Sec. 3.  NEW SECTION.  24A.3  ANNUAL FINANCIAL REPORT ==
  2 16 INTERNET POSTING.
  2 17    1.  Annual financial reports or statements required by law
  2 18 to be prepared by a political subdivision including but not
  2 19 limited to annual financial reports under section 331.403,
  2 20 annual reports under section 384.22, annual statements under
  2 21 359.23, and financial reports under section 279.63, shall be
  2 22 posted by the political subdivision on the political
  2 23 subdivision's web site, if one is available, or on the
  2 24 government web site of the county where the political
  2 25 subdivision is located in all other cases.  Each report or
  2 26 statement shall be posted no later than ten days after the
  2 27 date the report or statement is required to be completed.
  2 28    2.  Each report or statement posted pursuant to subsection
  2 29 1 shall also be submitted to the department of management.
  2 30 The department of management shall post each report or
  2 31 statement on the department's web site, created under section
  2 32 24A.5, or shall place an electronic link on the department's
  2 33 web site to each report or statement posted on the political
  2 34 subdivision web site or county web site.
  2 35    3.  Reports shall remain available to the public on the
  3  1 political subdivision's web site, or county web site, and the
  3  2 department of management's web site for a period of ten years.
  3  3    Sec. 4.  NEW SECTION.  24A.4  LOCAL BUDGETS == INTERNET
  3  4 POSTING.
  3  5    1.  Following certification of a local budget to the county
  3  6 auditor under section 24.17, each political subdivision shall
  3  7 post its budget on the political subdivision's web site, if
  3  8 one is available, or on the government web site of the county
  3  9 where the political subdivision is located in all other cases.
  3 10    2.  The department of management shall post each political
  3 11 subdivision budget on the department's web site, created under
  3 12 section 24A.5, or shall place an electronic link on the
  3 13 department's web site to each budget posted on the political
  3 14 subdivision web site or county web site.
  3 15    3.  Budgets shall remain available to the public on the
  3 16 political subdivision's web site, or county web site, and the
  3 17 department of management's web site for a period of ten years.
  3 18    Sec. 5.  NEW SECTION.  24A.5  DEPARTMENT OF MANAGEMENT
  3 19 DUTIES.
  3 20    1.  The department of management shall create and maintain
  3 21 a web site that is searchable and accessible to the general
  3 22 public without paying a fee.  The web site shall contain all
  3 23 the information required to be posted by the department under
  3 24 this chapter.
  3 25    2.  The department of management shall adopt rules deemed
  3 26 necessary for the administration of this chapter in accordance
  3 27 with chapter 17A.
  3 28    Sec. 6.  Section 331.401, subsection 1, Code Supplement
  3 29 2007, is amended by adding the following new paragraph:
  3 30    NEW PARAGRAPH.  rr.  Comply with the requirements of
  3 31 chapter 24A, and assist other political subdivisions within
  3 32 the county in complying with the web site posting requirements
  3 33 of chapter 24A.
  3 34    Sec. 7.  Section 331.504, Code 2007, is amended by adding
  3 35 the following new subsection:
  4  1    NEW SUBSECTION.  9.  Maintain county web site postings
  4  2 pursuant to chapter 24A and assist the board in meeting the
  4  3 web site posting requirements of chapter 24A.
  4  4    Sec. 8.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  4  5 3, Code 2007, shall not apply to this Act.
  4  6                           EXPLANATION
  4  7    This bill creates new Code chapter 24A to require a
  4  8 political subdivision, as defined in the bill, to post certain
  4  9 financial documents on the internet and to require the
  4 10 department of management to also post or provide a link to
  4 11 those documents on the internet.
  4 12    The bill requires a political subdivision to prepare an
  4 13 annual report of all contracts entered into or in effect
  4 14 during the previous fiscal year.  The bill provides that each
  4 15 annual contract report must be posted on the political
  4 16 subdivision's web site and shall be submitted to the
  4 17 department of management.  The bill directs the department of
  4 18 management to post each annual contract report on a web site
  4 19 created to display political subdivision information required
  4 20 under new Code chapter 24A.  The bill provides that the web
  4 21 site created by the department of management must be
  4 22 searchable and available to the public without a paying fee.
  4 23    The bill also requires a political subdivision that is
  4 24 required by law to prepare an annual financial statement or
  4 25 report to post the report or statement on the political
  4 26 subdivision's web site and submit the report or statement to
  4 27 the department of management for posting on the department's
  4 28 political subdivision information web site.
  4 29    The bill requires a political subdivision to post its local
  4 30 budgets on the political subdivision's web site following
  4 31 certification of the budget to the county auditor.  The bill
  4 32 also directs the department of management to post each
  4 33 political subdivision's budget on the department's political
  4 34 subdivision information web site.
  4 35 LSB 5185HH 82
  5  1 md/sc/5