Senate File 2256 - Introduced



                                       SENATE FILE       
                                       BY  DOTZLER

                                       (COMPANION TO 6151HH BY KRESSIG)


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

                                      A BILL FOR

  1 An Act relating to the authority of a public agency to spend
  2    property tax revenues under a contract or agreement with
  3    another public or private agency.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6151SS 82
  6 md/sc/14

PAG LIN



  1  1    Section 1.  Section 28E.4, Code 2007, is amended to read as
  1  2 follows:
  1  3    28E.4  AGREEMENT WITH OTHER AGENCIES.
  1  4    Any public agency of this state may enter into an agreement
  1  5 with one or more public or private agencies for joint or
  1  6 cooperative action pursuant to the provisions of this chapter,
  1  7 including the creation of a separate entity to carry out the
  1  8 purpose of the agreement.  Appropriate action by ordinance,
  1  9 resolution or otherwise pursuant to law of the governing
  1 10 bodies involved shall be necessary before any such agreement
  1 11 may enter into force.  Nothing in this chapter shall be
  1 12 construed to limit a public agency's authority to appropriate
  1 13 or expend property tax revenues to carry out a duty specified
  1 14 in an agreement with another public agency or a private
  1 15 agency.
  1 16    Sec. 2.  Section 28E.12, Code 2007, is amended to read as
  1 17 follows:
  1 18    28E.12  CONTRACT WITH OTHER AGENCIES.
  1 19    Any one or more public agencies may contract with any one
  1 20 or more other public agencies to perform any governmental
  1 21 service, activity, or undertaking which any of the public
  1 22 agencies entering into the contract is authorized by law to
  1 23 perform, provided that such contract shall be authorized by
  1 24 the governing body of each party to the contract.  Such
  1 25 contract shall set forth fully the purposes, powers, rights,
  1 26 objectives, and responsibilities of the contracting parties.
  1 27 Nothing in this chapter shall be construed to limit a public
  1 28 agency's authority to appropriate or expend property tax
  1 29 revenues to carry out a duty specified in a contract with
  1 30 another public agency to provide a governmental service.
  1 31                           EXPLANATION
  1 32    This bill amends Code section 28E.4, relating to agreements
  1 33 between public agencies and other public or private agencies
  1 34 to provide a governmental service, and Code section 28E.12,
  1 35 relating to contracts between public agencies to provide a
  2  1 governmental service, by specifying that the provisions of
  2  2 Code chapter 28E shall not be construed to limit a public
  2  3 agency's authority to appropriate or expend property tax
  2  4 revenues to carry out a duty specified in an agreement with
  2  5 another public agency or a private agency, or a contract with
  2  6 another public agency to provide a governmental service.
  2  7 LSB 6151SS 82
  2  8 md/sc/14