HF 2027 (LSB 5531HH (1) 87)

HOUSE FILE 2027

BY  McKEAN

A BILL FOR

An Act permitting cities to increase the membership of city utility boards from three members to five members.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 388.3, Code 2018, is amended to read as follows:
   388.3  Procedure upon approval.
   1.  If a proposal to establish a utility board receives a favorable majority vote, the mayor shall appoint the board members, as provided in the proposal, subject to the approval of the council. The council shall by resolution provide for staggered six-year terms for, and shall set the compensation of, board members.
   2.  A board member appointed to fill a vacancy occurring by reason other than the expiration of a term is appointed for the balance of the unexpired term.
   3.  A public officer or a salaried employee of the city may not serve on a utility board.
   4.  Notwithstanding any provision of law to the contrary, the council may by ordinance or resolution increase the number of members on a utility board from three members to five members. Upon the adoption of such ordinance or resolution, vacancies shall be filled pursuant to subsection 1.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Current law allows a city to propose the establishment of a utility board, subject to the approval of the voters of the city, with either three or five members. If a proposal receives a favorable majority vote, the mayor shall appoint the board members as provided in the proposal. This bill provides that notwithstanding any provision of law to the contrary, a city council may by ordinance or resolution increase the number of members on a utility board from three members to five members. Upon the adoption of such ordinance or resolution, vacant positions shall be filled pursuant to Code section 388.3(1).