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1 1 Section 1. NEW SECTION. 28J.1 FINDINGS AND OBJECTIVES.
1 2 The general assembly finds that there is a need for an
1 3 intergovernmental body to study and report on the following:
1 4 1. Current pattern of local governmental structure.
1 5 2. Powers and functions of local governments, including
1 6 their fiscal powers.
1 7 3. Existing, necessary, and desirable relationships among
1 8 local governments and the state.
1 9 4. Necessary and desirable allocation of state and local
1 10 fiscal resources.
1 11 5. Necessary and desirable roles of the state as the
1 12 creator of local government systems.
1 13 6. Special problems in interstate areas facing their
1 14 general local governments, interstate regional units, and
1 15 areawide bodies, the studies, where possible to be conducted
1 16 in conjunction with studies of commissions on
1 17 intergovernmental relations of other states.
1 18 Sec. 2. NEW SECTION. 28J.2 COMMISSION CREATED –
1 19 MEMBERSHIP.
1 20 1. An Iowa advisory commission on intergovernmental
1 21 relations is created.
1 22 2. The membership of the commission shall be:
1 23 a. Four elected or appointed state officers, four elected
1 24 or appointed county officers, four elected or appointed city
1 25 officers, four elected or appointed officers of school
1 26 corporations, and one member or staff member of a regional
1 27 council of governments established under chapter 28H,
1 28 appointed by the governor.
1 29 b. Two state senators appointed by the majority leader of
1 30 the senate.
1 31 c. Two state representatives appointed by the speaker of
1 32 the house of representatives.
1 33 3. In making all appointments, consideration shall be
1 34 given to gender, race, or ethnic representation, population
1 35 and demographic factors, and representation of different
2 1 geographic regions. All appointments shall comply with
2 2 sections 69.16 and 69.16A.
2 3 4. The initial chairperson of the commission shall be
2 4 designated by the governor from among the commission members
2 5 for a term of one year. Subsequent chairpersons shall be
2 6 elected by the commission from among its membership for a term
2 7 of one year. A vice chairperson may be elected by the
2 8 commission from among its membership for a one-year term. In
2 9 case of the absence or disability of the chairperson and vice
2 10 chairperson, the members of the commission shall elect a
2 11 temporary chairperson by a majority vote of those members who
2 12 are present and voting.
2 13 5. The members shall be appointed to two-year staggered
2 14 terms and the terms shall commence on February 1 of the year
2 15 of appointment. If a vacancy occurs, a successor shall be
2 16 appointed to serve the unexpired term. If a member ceases to
2 17 be an officer or employee of the governmental unit or agency
2 18 which qualifies the person for membership on the commission, a
2 19 vacancy exists and a successor shall be appointed in the same
2 20 manner and subject to the same qualifications as the original
2 21 appointment to serve the unexpired term.
2 22 6. Of the members who are county officers appointed by the
2 23 governor, not more than two shall be members of the same
2 24 political party. Of the members appointed by the majority
2 25 leader of the senate and the speaker of the house of
2 26 representatives, not more than one from each house shall be a
2 27 member of the same political party.
2 28 7. A majority of the commission constitutes a quorum.
2 29 Sec. 3. NEW SECTION. 28J.3 POWERS AND DUTIES.
2 30 The commission shall:
2 31 1. Engage in activities and make studies and
2 32 investigations as necessary or desirable to accomplish the
2 33 purposes specified in section 28J.1.
2 34 2. Encourage and, where appropriate, coordinate studies
2 35 relating to intergovernmental relations conducted by
3 1 universities, state, local, and federal agencies, and research
3 2 and consulting organizations.
3 3 3. Review the recommendations of national commissions
3 4 studying federal, state, and local government relationships
3 5 and problems and assess their possible application to this
3 6 state.
3 7 4. Carry out studies and investigations relating to
3 8 intergovernmental problems and relations as requested by the
3 9 legislative council.
3 10 Sec. 4. NEW SECTION. 28J.4 ORGANIZATIONS – MEETINGS.
3 11 1. The commission shall meet quarterly and at other times
3 12 as necessary. The commission may hold public hearings on
3 13 matters within its purview.
3 14 2. The commission may establish committees as it deems
3 15 advisable and feasible, whose membership shall include at
3 16 least one member of the commission, but only the commission
3 17 may take final action on a proposal or recommendation of a
3 18 committee.
3 19 3. The commission is not an agency as defined in, or for
3 20 the purpose of, chapter 17A.
3 21 4. All meetings of the commission or a committee
3 22 established by the commission at which public business is
3 23 discussed or formal action is taken, shall comply with the
3 24 requirements of chapter 21.
3 25 Sec. 5. NEW SECTION. 28J.5 STAFF – FACILITIES –
3 26 EXPENSES.
3 27 1. The commission and committees established by the
3 28 commission may accept technical and operational assistance
3 29 from the staff of the legislative service bureau and the
3 30 legislative fiscal bureau, other state or federal agencies,
3 31 units of local governments, or any other public or private
3 32 source. The directors of the legislative service bureau and
3 33 the legislative fiscal bureau may assign professional,
3 34 technical, legal, clerical, or other staff, as necessary and
3 35 authorized by the legislative council for continued operation
4 1 of the commission. However, the technical and operational
4 2 assistance shall be provided within existing appropriations
4 3 made to or with existing resources of the legislative service
4 4 bureau and legislative fiscal bureau to carry out their powers
4 5 and duties.
4 6 2. The legislative council may also provide available fa-
4 7 cilities and equipment as requested by the commission.
4 8 3. The members of the commission are entitled to reim-
4 9 bursement for travel and other necessary expenses incurred in
4 10 the performance of official duties. Each member may also be
4 11 eligible to receive compensation as provided in section 7E.6.
4 12 The expenses shall be paid from funds appropriated pursuant to
4 13 section 2.12.
4 14 Sec. 6. NEW SECTION. 28J.6 REPORTS.
4 15 The commission shall submit an annual report of its
4 16 findings and recommendations to the governor, president of the
4 17 senate, speaker of the house, and the majority and minority
4 18 leaders of each house, and make the report available to
4 19 legislators upon request. The report shall also be made
4 20 available to the public.
4 21 Sec. 7. NEW SECTION. 28J.7 INFORMATION.
4 22 The commission may request from any state agency or
4 23 official the information and assistance as needed to perform
4 24 the duties of the commission. A state agency or official
4 25 shall furnish the information or assistance requested within
4 26 the authority and resources of the state agency or official.
4 27 This section does not require the production or opening of any
4 28 public record which is required by law to be kept
4 29 confidential.
4 30 Sec. 8. NEW SECTION. 28J.8 FUTURE REPEAL.
4 31 This chapter is repealed effective July 1, 2002.
4 32 EXPLANATION
4 33 This bill creates an Iowa advisory commission on
4 34 intergovernmental relations (ACIR). The new ACIR has the same
4 35 membership and powers and duties as the Iowa ACIR had under
5 1 the statute which was repealed on July 1, 1995.
5 2 The Iowa advisory commission on intergovernmental relations
5 3 has a membership of 21 persons. The members are selected as
5 4 follows: four elected or appointed state officers; four
5 5 elected or appointed city officers; four elected or appointed
5 6 county officers; four elected or appointed officers of school
5 7 corporations; and one representatives of a regional council of
5 8 governments established under chapter 28H, all appointed by
5 9 the governor. In addition, two state senators shall be
5 10 appointed by the majority leader of the senate and two state
5 11 representatives appointed by the speaker of the house of
5 12 representatives. Members representing the general assembly
5 13 and the counties are to be divided equally between the
5 14 political parties. All appointees are to be chosen giving
5 15 consideration to population, gender, race, demography, and
5 16 geography of the state. The commission is charged with the
5 17 study of patterns, powers, and functions of local governments,
5 18 existing and desirable relationships between local governments
5 19 and the state, necessary and desirable allocation of fiscal
5 20 resources, special problems among local, regional, state and
5 21 interstate governments, and necessary and desirable roles of
5 22 the state as the creator of local governmental systems.
5 23 A sunset or repealer provision effective July 1, 2002, is
5 24 included.
5 25 LSB 3260IC 76
5 26 tj/jw/5
Text: SSB02041 Text: SSB02043 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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