House File 808 - Reprinted
HOUSE FILE
BY COMMITTEE ON LOCAL
GOVERNMENT
(SUCCESSOR TO HSB 213)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act concerning accountability requirements for entities,
2 administrators, and boards created for joint exercise of
3 governmental powers and providing effective dates.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 HF 808
6 ec/jg/25
PAG LIN
1 1 Section 1. Section 28E.6, subsections 2 and 3, Code 2007,
1 2 are amended to read as follows:
1 3 2. The entity created or the administrator or joint board
1 4 specified in the agreement shall be a governmental body for
1 5 purposes of chapter 21 and the entity created shall be a
1 6 government body for purposes of chapter 22 unless the entity
1 7 created or agreement includes public agencies from more than
1 8 one state.
1 9 3. a. All A summary of the proceedings of each regular,
1 10 adjourned, or special meeting of the joint board of the entity
1 11 created or the administrator or joint board specified in the
1 12 agreement, including the schedule of bills allowed, shall be
1 13 published after adjournment of the meeting in a one newspaper
1 14 of general circulation within the geographic area served by
1 15 the joint board of the entity created or the administrator or
1 16 joint board specified in the agreement. The summary of the
1 17 proceedings shall include the date, time, and place the
1 18 meeting was held, the members present, and the actions taken
1 19 at the meeting. The joint board of the entity created or the
1 20 administrator or joint board specified in the agreement shall
1 21 furnish a copy the summary of the proceedings to be published
1 22 submitted for publication to the newspaper within one week
1 23 twenty days following adjournment of the meeting. The
1 24 publication of the schedule of bills allowed shall include a
1 25 list of all salaries paid for services performed, showing the
1 26 name of the person or firm performing the service and the
1 27 amount paid. The publication of the schedule of bills allowed
1 28 may consolidate amounts paid to the same claimant if the
1 29 purpose of the individual bills is the same. However, the
1 30 names and gross salaries of persons regularly employed by the
1 31 entity created or the administrator or joint board specified
1 32 in the agreement shall only be published annually.
1 33 b. An entity created which had a cash balance, including
1 34 investments, of less than one hundred thousand dollars at the
1 35 end of the previous fiscal year and which had total
2 1 expenditures of less than one hundred thousand dollars during
2 2 the prior fiscal year is not required to publish as required
2 3 in paragraph "a".
2 4 c. This subsection shall not apply if the to an entity or
2 5 the administrator or joint board specified created in the an
2 6 agreement that includes public agencies from more than one
2 7 state or to a contract entered into pursuant to section
2 8 28E.12.
2 9 Sec. 2. Section 28E.8, Code 2007, is amended to read as
2 10 follows:
2 11 28E.8 FILING AND RECORDING.
2 12 1. a. Before entry into force, an agreement made pursuant
2 13 to this chapter shall be filed, in an electronic format, with
2 14 the secretary of state and recorded with the county recorder
2 15 in a manner specified by the secretary of state. In counties
2 16 in which the office of county recorder is abolished, the
2 17 agreement shall be recorded with the county auditor.
2 18 b. Any amendment, modification, or notice of termination
2 19 of an agreement made pursuant to this chapter shall be filed,
2 20 in an electronic format, with the secretary of state within
2 21 thirty days of the effective date of the amendment,
2 22 modification, or termination, in a manner specified by the
2 23 secretary of state.
2 24 2. a. In addition to subsection 1, each entity subject to
2 25 section 28E.5 shall submit, in an electronic format, an
2 26 initial report to the secretary of state as prescribed by the
2 27 secretary of state. The report shall include, as applicable,
2 28 the name of the entity created, the board members of the joint
2 29 board created, whether the entity is exempt from the
2 30 publication requirements of section 28E.6, subsection 3, a
2 31 valid electronic mail address, and any additional information
2 32 the secretary of state deems appropriate.
2 33 b. Following submission of an initial report pursuant to
2 34 paragraph "a", each entity subject to section 28E.5 shall
2 35 submit, in an electronic format, a biennial report to the
3 1 secretary of state in a manner prescribed by the secretary of
3 2 state by April 1 of every odd=numbered year beginning in
3 3 calendar year 2009.
3 4 Sec. 3. JOINT EXERCISE OF GOVERNMENTAL POWERS == REPORTING
3 5 REQUIREMENTS == TRANSITION PROVISION. Notwithstanding any
3 6 provision of section 28E.8, subsection 2, as enacted by this
3 7 Act, to the contrary, an entity created prior to January 1,
3 8 2008, shall be required to submit an initial report to the
3 9 secretary of state by July 1, 2008.
3 10 Sec. 4. EFFECTIVE DATE.
3 11 1. The section of this Act amending section 28E.6, being
3 12 deemed of immediate importance, takes effect upon enactment.
3 13 2. The sections of this Act amending section 28E.8 and
3 14 enacting a transition provision take effect January 1, 2008.
3 15 HF 808
3 16 ec/jg/25