Senate File 155 - Reprinted



                                       SENATE FILE       
                                       BY  COMMITTEE ON LOCAL
                                           GOVERNMENT

                                       (SUCCESSOR TO SSB 1161)



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

                                      A BILL FOR

  1 An Act relating to local governments by creating a local
  2    government innovation commission and fund, creating a center
  3    for governing excellence, and including an effective date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1624SV 82
  6 sc/cf/24

PAG LIN



  1  1    Section 1.  Section 8.64, Code 2007, is amended by striking
  1  2 the section and inserting in lieu thereof the following:
  1  3    8.64  DEFINITIONS.
  1  4    For purposes of sections 8.65 through 8.68:
  1  5    1.  "Commission" means the local government innovation
  1  6 commission.
  1  7    2.  "Community=wide area" means a distinct geographical
  1  8 area voluntarily formed by and comprised of counties, cities,
  1  9 or townships, or any combination thereof, all of which possess
  1 10 a degree of autonomy in a varying number of matters.  State
  1 11 agencies and school districts may also participate in a
  1 12 community=wide area if joined by a county, city, or township.
  1 13    3.  "Department" means the department of management.
  1 14    Sec. 2.  NEW SECTION.  8.65  LOCAL GOVERNMENT INNOVATION
  1 15 COMMISSION.
  1 16    1.  A local government innovation commission is created
  1 17 consisting of fifteen voting members and six nonvoting
  1 18 members.
  1 19    a.  Voting members of the commission shall be appointed for
  1 20 a term of three years as follows:
  1 21    (1)  One member representing the executive branch appointed
  1 22 by the governor.
  1 23    (2)  Two members representing county government appointed
  1 24 by the president of the Iowa state association of counties.
  1 25    (3)  Two members representing city government appointed by
  1 26 the president of the Iowa league of cities.
  1 27    (4)  One member representing community colleges appointed
  1 28 by the president of the Iowa association of community college
  1 29 presidents.
  1 30    (5)  One member representing school districts appointed by
  1 31 the president of the Iowa association of school boards.
  1 32    (6)  One member representing the councils of governments
  1 33 appointed by the president of the Iowa association of councils
  1 34 of government.
  1 35    (7)  One member representing local law enforcement or fire
  2  1 protection appointed by the governor.
  2  2    (8)  Two members appointed by the governor, both of whom
  2  3 shall possess private business expertise and who are not
  2  4 employees of any level of government.
  2  5    (9)  Four members representing the general public, one each
  2  6 appointed by the majority leader of the senate, the minority
  2  7 leader of the senate, the speaker of the house of
  2  8 representatives, and the minority leader of the house of
  2  9 representatives.
  2 10    b.  Four nonvoting members of the general assembly shall be
  2 11 appointed for a term of two years commencing at the convening
  2 12 of each general assembly, one each appointed by the majority
  2 13 leader of the senate, the minority leader of the senate, the
  2 14 speaker of the house of representatives, and the minority
  2 15 leader of the house of representatives.  However, initial
  2 16 appointments of members under this paragraph shall be made on
  2 17 the effective date of this Act.
  2 18    c.  Two nonvoting members shall be appointed for a term of
  2 19 three years.  One of the members shall be the administrator of
  2 20 the homeland security and emergency management division of the
  2 21 Iowa department of public defense, and the other member shall
  2 22 be the director of the department of economic development or
  2 23 the director's designee.
  2 24    2.  a.  Terms of voting members and of nonvoting members
  2 25 specified in subsection 1, paragraph "c", shall begin and end
  2 26 as provided by section 69.19.  Any vacancy shall be filled in
  2 27 the same manner as regular appointments are made for the
  2 28 unexpired portion of the regular term.
  2 29    b.  Members of the commission shall be allowed their actual
  2 30 and necessary expenses incurred in the performance of their
  2 31 duties.  The members of the commission representing the
  2 32 general public shall also be compensated as provided in
  2 33 section 7E.6.  Per diem and expenses paid to commission
  2 34 members shall be paid from moneys appropriated to the local
  2 35 government innovation fund, except that the per diem and
  3  1 expenses of members of the general assembly shall be paid
  3  2 pursuant to section 2.12.
  3  3    c.  The commission shall meet in May of each year for the
  3  4 purpose of electing one of its voting members as chairperson.
  3  5 The commission shall meet at the call of the chairperson or
  3  6 when a majority of the voting members of the commission files
  3  7 a written request with the chairperson for a meeting.  Written
  3  8 notice of the time and place of each meeting shall be given to
  3  9 each member of the commission.
  3 10    d.  A majority of the voting members of the commission
  3 11 constitutes a quorum.  Any action taken by the commission must
  3 12 be adopted by the affirmative vote of a majority of its voting
  3 13 membership.
  3 14    e.  The commission is located for administrative purposes
  3 15 within the department.  The department shall provide office
  3 16 space, staff assistance, administrative support, and necessary
  3 17 supplies and equipment to the commission.
  3 18    Sec. 3.  NEW SECTION.  8.66  DUTIES OF COMMISSION.
  3 19    The commission shall do all of the following:
  3 20    1.  Promote, encourage, and advance innovation and
  3 21 creativity in local governance.
  3 22    2.  Develop an application and review process for local
  3 23 governance and revenue models submitted to the commission by a
  3 24 community=wide area.  Results, strategies, and desired
  3 25 outcomes identified by the commission in developing its
  3 26 application and review process shall include but not be
  3 27 limited to the following:
  3 28    a.  Cost savings to citizens, in particular lowering of
  3 29 local government property taxes.
  3 30    b.  Creation of, or inducement to create, high=wage, stable
  3 31 employment opportunities for a local government's citizens and
  3 32 more effective leveraging of resources to improve competitive
  3 33 advantage.
  3 34    c.  Elimination of duplication of government
  3 35 administration.
  4  1    d.  More efficient and effective delivery of services by
  4  2 government, including eliminating duplication of service
  4  3 delivery by more than one unit of government in the same area
  4  4 and modernizing services and service delivery to meet the
  4  5 changing public service needs of the area.
  4  6    e.  Creation of a state=local partnership in one or more
  4  7 areas of service delivery and governance that would increase
  4  8 quality and efficiency on the local level.
  4  9    3.  Design an application form to be completed by a
  4 10 community=wide area seeking review of a local governance and
  4 11 revenue model.  The application form shall require the
  4 12 community=wide area to demonstrate how the local governance
  4 13 and revenue model will result in reduced local government or
  4 14 state general fund expenditures, how local government fund
  4 15 revenues will increase without an increase in state costs, how
  4 16 local government services will be provided more efficiently or
  4 17 will be of increased quality resulting in greater value from
  4 18 the expenditure of local government revenues, or how the model
  4 19 develops partnerships with the state to provide increased
  4 20 quality and efficiency on the local level.
  4 21    4.  Utilize the department of management, the department of
  4 22 revenue, or other sources of technical expertise designated by
  4 23 the commission to certify savings projected for a proposed
  4 24 local governance and revenue model.
  4 25    5.  Report to the general assembly on or before June 30,
  4 26 2010, and every three years thereafter, on the accomplishments
  4 27 of community=wide area efforts funded by grants from the local
  4 28 government innovation fund authorized under section 8.67, in
  4 29 achieving the objectives described in subsection 2, paragraphs
  4 30 "a" through "e".
  4 31    6.  On or before January 1, 2009, submit to the general
  4 32 assembly and to the office of the governor recommendations for
  4 33 legislation that would provide flexibility and freedom to
  4 34 local governments in implementing governance and revenue
  4 35 models.
  5  1    7.  a.  Prepare a request for proposals for establishment
  5  2 of the Tim Shields center for governing excellence in Iowa as
  5  3 provided in section 8.68, and prepare procedures and a
  5  4 timetable for submission and review of proposals and for
  5  5 selection of a proposal.  The proposal process shall be open
  5  6 to public and private not=for=profit institutions of higher
  5  7 education, either individually or in collaboration, located in
  5  8 this state and accredited by the north central association of
  5  9 colleges and secondary schools.
  5 10    b.  The request for proposals shall require each proposal
  5 11 to provide for employment of a full=time director and
  5 12 administrative assistant at the center.
  5 13    c.  The request for proposals shall require each proposal
  5 14 to specify all of the following:
  5 15    (1)  The number and subject area specialties of the
  5 16 research staff; the office space; the support staff; and the
  5 17 computer, library, and research facilities to be provided by
  5 18 the proposing institution or institutions.
  5 19    (2)  The personnel, facilities, and support provided for
  5 20 the training of policymakers, public officials, and students
  5 21 in areas including but not limited to public administration
  5 22 and management, budgetary preparation and analysis, electronic
  5 23 government, local=state government relations, and public
  5 24 policy formulation, implementation, and evaluation.
  5 25    (3)  The funding to be committed by the proposing
  5 26 institution or institutions.
  5 27    8.  Oversee and direct the activities of the Tim Shields
  5 28 center for governing excellence in Iowa.
  5 29    Sec. 4.  NEW SECTION.  8.67  LOCAL GOVERNMENT INNOVATION
  5 30 FUND.
  5 31    1.  A local government innovation fund is created in the
  5 32 state treasury under the control of the department of
  5 33 management for the purpose of stimulating and encouraging
  5 34 innovation in local government by providing moneys for the
  5 35 purpose of providing grants to assist in the implementation of
  6  1 local governance and revenue models.
  6  2    2.  Officials of a community=wide area who have submitted a
  6  3 local governance and revenue model to the commission for
  6  4 review may apply to the commission for a grant from the local
  6  5 government innovation fund to implement all or a portion of
  6  6 such governance and revenue model.  Officials seeking a grant
  6  7 from the fund shall complete an application form designed by
  6  8 the commission.  Minimum requirements for local government
  6  9 grant requests shall be determined by the commission and
  6 10 adopted by rule by the department of management.
  6 11    3.  Notwithstanding section 12C.7, subsection 2, interest
  6 12 or earnings on moneys deposited in the local government
  6 13 innovation fund shall be credited to the local government
  6 14 innovation fund.  Notwithstanding section 8.33, moneys
  6 15 appropriated to and moneys remaining in the local government
  6 16 innovation fund at the end of a fiscal year shall not revert
  6 17 to the general fund of the state.
  6 18    Sec. 5.  NEW SECTION.  8.67A  FUTURE REPEAL OF COMMISSION
  6 19 AND FUND.
  6 20    Sections 8.64 through 8.67 and this section are repealed
  6 21 effective June 30, 2019.
  6 22    Sec. 6.  NEW SECTION.  8.68  TIM SHIELDS CENTER FOR
  6 23 GOVERNING EXCELLENCE IN IOWA.
  6 24    1.  The commission shall establish the Tim Shields center
  6 25 for governing excellence in Iowa.  The purpose of the Tim
  6 26 Shields center for governing excellence in Iowa is to do all
  6 27 of the following:
  6 28    a.  Enhance the accountability, effectiveness, and
  6 29 efficiency of Iowa's local governments and state agencies by
  6 30 providing objective and nonpartisan research and training
  6 31 support for policymakers and government officials.
  6 32    b.  Integrate the research capacities of the community
  6 33 colleges and public and private universities located in this
  6 34 state and of organizations representing local governments to
  6 35 support management and policy research.
  7  1    c.  Facilitate dialogues among Iowa's state agencies, local
  7  2 governments, community colleges, public and private
  7  3 universities, organizations representing local governments,
  7  4 and citizens on government policy design, implementation, and
  7  5 evaluation.
  7  6    2.  After its creation, the center may solicit, accept, and
  7  7 administer moneys contributed to the center by any source, and
  7  8 may enter into contracts with public or private agencies or
  7  9 may enter into agreements subject to chapter 28E with public
  7 10 and private agencies in order to carry out its purposes.  All
  7 11 records of the center including but not limited to records of
  7 12 donations to the center and contracts or agreements entered
  7 13 into by the center shall be public records for purposes of
  7 14 chapter 22.
  7 15    3.  The center shall submit an annual report of the
  7 16 activities of the center to the governor and to the general
  7 17 assembly as provided in section 7A.11A by January 15 of each
  7 18 year.
  7 19    4.  The local government innovation commission created in
  7 20 section 8.65, or a successor agency, shall oversee and direct
  7 21 the activities of the Tim Shields center for governing
  7 22 excellence in Iowa.
  7 23    Sec. 7.  EFFECTIVE DATE.  This Act, being deemed of
  7 24 immediate importance, takes effect upon enactment.
  7 25 SF 155
  7 26 sc:rj/cc/26