SSB 1095 (LSB 1622XC (2) 88)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON CHAPMAN)

A BILL FOR

An Act relating to the removal of city utility board members, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 388.3, Code 2019, 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.  Notwithstanding section 372.15, board members may only be removed from office pursuant to section 66.1A.
   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.
    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under Code section 372.15, any person appointed to city office may be removed from office by written order from the officer or body making the appointment. This bill provides that notwithstanding Code section 372.15, board members of city utilities established under Code chapter 388 may only be removed from office pursuant to Code section 66.1A. Code section 66.1A provides for the removal of appointed or elected officers by the district court for certain reasons, including neglect or refusal to perform duties, misconduct or maladministration, corruption, extortion, conviction of a felony, intoxication, or conviction of a violation of Code chapter 68A.
   The bill takes effect upon enactment.