ISAC

This is an attempt to correct problems created by last session’s SF 2410 regarding 28E publication requirements. This bill amends provisions in Iowa Code chapter 28E and only applies to 28E agreements. It does not apply to any other types of sharing agreements.

SF 2410 said that even if there was a sole administrator of a 28E agreement, that administrator was subject to the Open Meetings Law. This bill excludes any regulation of sole administrators.

The bill also specifies that a joint board shall provide a summary of the proceeding of the joint board to a general circulation newspaper within 20 days following a meeting. The requirement had been one week. The summary must include "the date, time, place the meeting was held, the members present and the actions taken at the meeting." The joint board must continue to publish a schedule of bills allowed. However, this bill allows the consolidation of bills paid to the same claimant "if the purpose of the individual bills is the same." Salaries of persons employed by the joint board must still be published.

One concern raised by critics of SF 2410 was that it applied to all 28E entities, including those with small budgets or no budgets whatsoever. One big change in this bill is that a 28E entity with a cash balance of less than $100,000 at the end of the last fiscal year and with expenditures of less than $100,000 in the last fiscal year is not required to publish a summary of the board proceedings. Instead, these 28E entities must file, free of charge and in an electronic format the proceedings of the board in the office of the county recorder in the most populous county served by the 28E entity. The county recorder shall make the information submitted available to the public and shall also include access to a copy of the agreement creating the entity. The county recorders must post these meeting minutes on the county recorders’ website, with a link to the Secretary of State’s website where these 28E agreements are stored.

There is no publication requirement for 28E entities that include public agencies from more than one state. There is also no publication requirement regarding contracts entered into pursuant to Iowa Code §28E.12. This relates to contracts where there is no new joint board created. The focus of the Legislature’s interest on oversight relates to contracts where there is a new joint board created - not where one public body contracts with another public body for goods or services.

Everything mentioned above is effective upon enactment. The following items are effective on January 1, 2008.

The bill changes the law regarding filing and recording 28E agreements. Under this bill, 28E agreements must be filed electronically with the Secretary of State. The bill eliminates the requirement that 28E agreements be recorded by the county recorder.

Any amendment of a 28E agreement must be filed electronically "within 30 days of the effective date of the amendment." Notices of termination of a 28E agreement must be filed with the Secretary of State enabling the record keepers to more precisely track 28Es.

In addition, 28E entities with joint boards, must submit in electronic format an initial report to the Secretary of State. The report shall include: the name of the entity; the board members; whether the 28E entity is exempt from the publication requirements due to the $100,000 limits discussed above; a valid email address; and any other information the Secretary of State deems appropriate.

The first report is due by July 1, 2008. Following submission of the initial report, each entity shall submit a report by April 1 of every odd-numbered year beginning in 2009.

Summary of 2006 publication requirement law

 

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