House File 2371
HOUSE FILE
BY HUTTER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act disqualifying a person from holding office as a member of
2 a board of directors of a school district if the person has
3 been convicted of a sexual offense and providing for related
4 matters.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 5788HH 80
7 kh/sh/8
PAG LIN
1 1 Section 1. Section 57.1, subsection 2, paragraph c, Code
1 2 2003, is amended to read as follows:
1 3 c. That prior to the election the incumbent had been duly
1 4 convicted of a felony, as defined in section 701.7, and that
1 5 the judgment had not been reversed, annulled, or set aside,
1 6 nor and that the incumbent has not been pardoned or restored
1 7 to the rights of citizenship by the governor under chapter
1 8 914, at the time of the election. In addition to the
1 9 provisions of this paragraph, in the case of an election under
1 10 chapter 277, grounds for contesting an election under this
1 11 chapter shall include that prior to the election the incumbent
1 12 had been convicted of a sexual offense that constitutes a
1 13 misdemeanor under chapter 709, and that the judgment had not
1 14 been reversed, annulled, or set aside, and that the incumbent
1 15 has not been pardoned or restored to the rights of citizenship
1 16 by the governor under chapter 914, at the time of the
1 17 election.
1 18 Sec. 2. Section 277.4, unnumbered paragraph 3, Code 2003,
1 19 is amended to read as follows:
1 20 Signers of nomination petitions shall include their
1 21 addresses and the date of signing, and must reside in the same
1 22 director district as the candidate if directors are elected by
1 23 the voters of a director district, rather than at=large. A
1 24 person may sign nomination petitions for more than one
1 25 candidate for the same office, and the signature is not
1 26 invalid solely because the person signed nomination petitions
1 27 for one or more other candidates for the office. The petition
1 28 shall be filed with the affidavit of the candidate being
1 29 nominated, stating the candidate's name, place of residence,
1 30 that such person is a candidate and is eligible for the office
1 31 the candidate seeks, and that if elected the candidate will
1 32 qualify for the office. The affidavit shall also state that
1 33 the candidate is aware that the candidate is disqualified from
1 34 holding office if the candidate has been convicted of a felony
1 35 or other infamous crime or has been convicted of a sexual
2 1 offense that constitutes a misdemeanor under chapter 709 and
2 2 the candidate's rights have not been restored by the governor
2 3 or by the president of the United States.
2 4 Sec. 3. Section 277.27, Code 2003, is amended to read as
2 5 follows:
2 6 277.27 QUALIFICATION.
2 7 A member of the board shall, at the time of election or
2 8 appointment, be an eligible elector of the corporation or
2 9 subdistrict. Notwithstanding any contrary provision of the
2 10 Code, a member of the board of directors of a school district
2 11 shall not receive compensation directly from the school board
2 12 unless the compensation is for part=time or temporary
2 13 employment and does not exceed the limitation set forth in
2 14 section 279.7A. A person who has been convicted of a sexual
2 15 offense that constitutes a misdemeanor under chapter 709 and
2 16 the person's rights have not been restored by the governor or
2 17 by the president of the United States is disqualified from
2 18 holding office as a member of the board of directors of a
2 19 school district.
2 20 EXPLANATION
2 21 This bill disqualifies a person from holding office as a
2 22 member of the board of directors of a school district if the
2 23 person has been convicted of a sexual offense, and such
2 24 convictions are grounds for contesting an election.
2 25 Current Code provisions disqualify a person from holding
2 26 office if the person has been convicted of any felony and
2 27 provide that such a conviction is grounds for contesting an
2 28 election. Not all sexual offenses constitute a felony.
2 29 Sexual offenses that constitute a misdemeanor include indecent
2 30 exposure; assault with intent to commit sexual abuse; indecent
2 31 contact with a child; lascivious conduct with a minor; sexual
2 32 exploitation by a counselor, therapist, or school employee;
2 33 and sexual misconduct with offenders and juveniles.
2 34 Under the bill and in the current Code, such a person may
2 35 hold office if the governor or president of the United States
3 1 restores their rights.
3 2 LSB 5788HH 80
3 3 kh/sh/8