Senate File 2207 - Introduced SENATE FILE 2207 BY CHAPMAN A BILL FOR An Act restricting certain city utility boards from approving 1 payment of bonus compensation to specified officers of the 2 city utility, and including effective date and retroactive 3 applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5408XS (3) 86 aw/sc
S.F. 2207 Section 1. Section 388.5, Code 2016, is amended to read as 1 follows: 2 388.5 Control of tax revenues. 3 1. A utility board shall control tax revenues allocated to 4 the city utility, city utilities, or combined utility system it 5 administers and all moneys derived from the operation of the 6 city utility, city utilities, or combined utility system, the 7 sale of utility property, interest on investments, or from any 8 other source related to the city utility, city utilities, or 9 combined utility system. 10 2. All city utility moneys received must be held in a 11 separate utility fund, with a separate account or accounts 12 for each city utility or combined utility system. If a board 13 administers a municipal utility or combined utility system, 14 moneys may be paid out of that utility account only at the 15 direction of the board. 16 3. a. The utility board of a city utility, city utilities, 17 or combined utility system that provides water service shall 18 not in any fiscal year approve the payment of bonuses, in any 19 form, totaling more than one hundred dollars to the chief 20 executive, executive director, general manager, or equivalent 21 officer of the city utility, city utilities, or combined 22 utility system if the board has, pursuant to section 384.84, 23 increased water utility rates by more than one-fourth of 24 one percent in that fiscal year or in any of the previous 25 five fiscal years. All contract provisions, promises, 26 and agreements made by the board of any city utility, city 27 utilities, or combined utility system to or with any such 28 officer that is inconsistent with or contrary to the provisions 29 of this subsection shall be null and void. 30 b. This subsection applies only to the utility boards of 31 any city utility, city utilities, or combined utility system 32 that provides water service to a city having more than one 33 hundred seventy-five thousand population, as shown by the most 34 recent federal decennial census. 35 -1- LSB 5408XS (3) 86 aw/sc 1/ 2
S.F. 2207 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 1 immediate importance, takes effect upon enactment. 2 Sec. 3. RETROACTIVE APPLICABILITY. This Act applies 3 retroactively to fiscal years commencing on or after July 1, 4 2015. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill restricts certain city utility boards from 9 approving payment of bonuses to a specified officer of the city 10 utility. 11 Under the bill, the utility board of a city utility, city 12 utilities, or combined utility system that provides water 13 service to a city with a population greater than 175,000 is 14 prohibited from approving payment of bonuses, in any form, 15 exceeding $100 in any one fiscal year to the utility’s chief 16 executive, executive director, general manager, or equivalent 17 officer, if the board has increased water utility rates by more 18 than 0.25 percent in that fiscal year or in any of the previous 19 five fiscal years. The bill provides that all contract 20 provisions, promises, and agreements made by a utility board 21 to or with any such officer approving such a bonus payment are 22 null and void. 23 The bill takes effect upon enactment and applies 24 retroactively to fiscal years commencing on or after July 1, 25 2015. 26 -2- LSB 5408XS (3) 86 aw/sc 2/ 2