HF 2090 (LSB 5080YH (10) 83)

HOUSE FILE 2090

BY  TYMESON

A BILL FOR

An Act relating to the voting procedures of the joint board of an entity engaged in the joint exercise of governmental powers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 28E.6, Code Supplement 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  a.  If the joint board of an entity created in an agreement under this chapter takes action relating to the condemnation of private property, only those members of the joint board who are elected officials of a public agency where the private property is located may vote on the issue. Actions relating to the condemnation of private property require approval by a majority of members who are eligible to vote. Those members of the joint board who are not eligible to vote on the issue of condemnation shall be counted in determining a quorum at the meeting where the issue will be presented for a vote.
   b.  This subsection shall not apply if the number of members eligible to vote is less than three.
EXPLANATION
   This bill provides that if the joint board of an entity created in an agreement under Code chapter 28E takes action relating to the condemnation of private property, only those members of the joint board who are elected officials of a public agency where the private property is located may vote on the issue. The bill provides that actions relating to the condemnation of private property by a joint board require approval by a majority of members who are eligible to vote. Those members of the joint board who are not eligible to vote on the issue of condemnation shall, however, be counted for purposes of determining whether a quorum is present at the meeting where the issue will be presented for a vote. The bill also provides that the voting eligibility requirement does not apply if application of the requirement would result in less than three members of the joint board being eligible to vote.