House Study Bill 3 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON CARLSON) A BILL FOR An Act relating to the removal of city utility board members, 1 and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1622YC (1) 88 gh/rn
H.F. _____ Section 1. Section 388.3, Code 2019, is amended to read as 1 follows: 2 388.3 Procedure upon approval. 3 1. If a proposal to establish a utility board receives 4 a favorable majority vote, the mayor shall appoint the board 5 members, as provided in the proposal, subject to the approval 6 of the council. The council shall by resolution provide for 7 staggered six-year terms for, and shall set the compensation 8 of, board members. Notwithstanding section 372.15, board 9 members may only be removed from office pursuant to section 10 66.1A. 11 2. A board member appointed to fill a vacancy occurring by 12 reason other than the expiration of a term is appointed for the 13 balance of the unexpired term. 14 3. A public officer or a salaried employee of the city may 15 not serve on a utility board. 16 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 17 importance, takes effect upon enactment. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 Under Code section 372.15, any person appointed to city 22 office may be removed from office by written order from the 23 officer or body making the appointment. This bill provides 24 that notwithstanding Code section 372.15, board members 25 of city utilities established under Code chapter 388 may 26 only be removed from office pursuant to Code section 66.1A. 27 Code section 66.1A provides for the removal of appointed or 28 elected officers by the district court for certain reasons, 29 including neglect or refusal to perform duties, misconduct 30 or maladministration, corruption, extortion, conviction of a 31 felony, intoxication, or conviction of a violation of Code 32 chapter 68A. 33 The bill takes effect upon enactment. 34 -1- LSB 1622YC (1) 88 gh/rn 1/ 1