Senate
File
2136
-
Introduced
SENATE
FILE
2136
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SF
562)
(SUCCESSOR
TO
SSB
1095)
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
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S.F.
2136
Section
1.
Section
388.3,
subsection
1,
Code
2020,
is
1
amended
to
read
as
follows:
2
1.
If
a
proposal
to
establish
a
utility
board
receives
3
a
favorable
majority
vote,
the
mayor
shall
appoint
the
board
4
members,
as
provided
in
the
proposal,
subject
to
the
approval
5
of
the
council.
The
council
shall
by
resolution
provide
for
6
staggered
six-year
terms
for,
and
shall
set
the
compensation
7
of,
board
members.
Notwithstanding
section
372.15,
board
8
members
may
only
be
removed
from
office
pursuant
to
section
9
388.3A.
10
Sec.
2.
NEW
SECTION
.
388.3A
Removal
of
utility
board
11
members
for
cause.
12
1.
Any
person
appointed
as
a
board
member
of
a
utility
13
board
pursuant
to
section
388.3
may
be
removed
from
office
by
14
the
mayor
with
the
approval
of
the
city
council
for
any
of
the
15
following
reasons:
16
a.
Upon
sufficient
evidence
supporting
removal
for
any
17
reason
enumerated
in
section
66.1A.
18
b.
For
habitual
nonattendance
of
board
meetings.
19
2.
Removal
pursuant
to
this
section
shall
be
by
written
20
order.
The
order
shall
give
the
reasons
for
the
removal
and
21
shall
be
filed
in
the
office
of
the
city
clerk,
and
a
copy
22
shall
be
sent
by
certified
mail
to
the
person
removed
who,
upon
23
request
filed
with
the
city
clerk
within
thirty
days
of
the
24
date
of
mailing
the
copy,
shall
be
granted
a
public
hearing
25
before
the
city
council
on
all
issues
connected
with
the
26
removal.
The
hearing
shall
be
held
within
thirty
days
of
the
27
date
the
request
is
filed
unless
the
person
removed
requests
28
a
later
date.
29
3.
Subsections
1
and
2
shall
not
apply
to
the
removal
of
a
30
member
of
a
utility
board
of
a
city
utility
of
a
city
having
a
31
population
greater
than
two
hundred
thousand
according
to
the
32
2010
decennial
census.
33
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
34
importance,
takes
effect
upon
enactment.
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2136
EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
Under
Code
section
372.15,
any
person
appointed
to
city
4
office
may
be
removed
from
office
by
written
order
from
the
5
officer
or
body
making
the
appointment.
This
bill
provides
6
that
notwithstanding
Code
section
372.15,
board
members
of
7
city
utilities
established
under
Code
chapter
388
may
only
be
8
removed
from
office
pursuant
to
new
Code
section
388.3A.
9
New
Code
section
388.3A
provides
that
city
utility
10
board
members
may
be
removed
from
office
by
the
mayor
with
11
the
approval
of
the
city
council
upon
sufficient
evidence
12
supporting
any
reason
enumerated
in
Code
section
66.1A
or
for
13
habitual
nonattendance
of
board
meetings.
Code
section
66.1A
14
provides
for
the
removal
of
appointed
or
elected
officers
by
15
the
district
court
for
certain
reasons,
including
neglect
or
16
refusal
to
perform
duties,
misconduct
or
maladministration,
17
corruption,
extortion,
conviction
of
a
felony,
intoxication,
18
or
conviction
of
a
violation
of
Code
chapter
68A.
Removal
of
19
city
utility
board
members
shall
be
by
written
order
pursuant
20
to
the
procedure
described
in
the
bill.
The
bill
provides
21
an
exception
to
the
removal
and
written
order
provisions
for
22
members
of
a
utility
board
of
a
city
utility
of
a
city
having
a
23
population
greater
than
200,000
according
to
the
2010
decennial
24
census.
25
The
bill
takes
effect
upon
enactment.
26
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