Senate File 128 - Introduced
SENATE FILE
BY JOHNSON
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act making the office of secretary of agriculture an
2 appointive office.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1141XS 81
5 sc/pj/5
PAG LIN
1 1 Section 1. Section 7D.1, subsection 5, Code 2005, is
1 2 amended to read as follows:
1 3 5. Secretary of agriculture Lieutenant governor.
1 4 Sec. 2. Section 14A.1, Code 2005, is amended to read as
1 5 follows:
1 6 14A.1 DEPUTIES.
1 7 The secretary, auditor, and treasurer of state, and
1 8 secretary of agriculture may each appoint, in writing, any
1 9 person, except one holding a state office, as deputy, for
1 10 whose acts the appointing officer shall be responsible, and
1 11 from whom the appointing officer shall require bond, which
1 12 appointment and bond must be approved by the officer having
1 13 the approval of the principal's bond, and such appointment may
1 14 be revoked in the same manner. The appointment and revocation
1 15 shall be filed with and kept by the secretary of state. The
1 16 state shall pay the reasonable cost of the bonds required by
1 17 this section.
1 18 Sec. 3. Section 39.9, Code 2005, is amended to read as
1 19 follows:
1 20 39.9 STATE OFFICERS == TERM.
1 21 The governor, lieutenant governor, secretary of state,
1 22 auditor of state, treasurer of state, secretary of
1 23 agriculture, and attorney general shall be elected for a term
1 24 of four years at the general election held in the year 1974
1 25 and every four years thereafter.
1 26 Sec. 4. Section 43.6, subsection 1, Code 2005, is amended
1 27 to read as follows:
1 28 1. When a vacancy occurs in the office of senator in the
1 29 Congress of the United States, secretary of state, auditor of
1 30 state, treasurer of state, secretary of agriculture, or
1 31 attorney general and section 69.13 requires that the vacancy
1 32 be filled for the balance of the unexpired term at a general
1 33 election, candidates for the office shall be nominated in the
1 34 preceding primary election if the vacancy occurs eighty=nine
1 35 or more days before the date of that primary election. If the
2 1 vacancy occurs less than one hundred four days before the date
2 2 of that primary election, the state commissioner shall accept
2 3 nomination papers for that office only until five o'clock p.m.
2 4 on the seventy=fourth day before the primary election, the
2 5 provisions of section 43.11 notwithstanding. If the vacancy
2 6 occurs later than eighty=nine days before the date of that
2 7 primary election, but not less than eighty=nine days before
2 8 the date of the general election, the nominations shall be
2 9 made in the manner prescribed by this chapter for filling
2 10 vacancies in nominations for offices to be voted for at the
2 11 general election.
2 12 Sec. 5. Section 43.24, subsection 3, unnumbered paragraph
2 13 1, Code 2005, is amended to read as follows:
2 14 Objections filed with the state commissioner shall be
2 15 considered by the secretary of state, auditor of state, and
2 16 attorney general. However, if the objection is to the
2 17 nomination petition, certificate of nomination, or eligibility
2 18 of one or more of those officers, those officers shall be
2 19 replaced, respectively, by the treasurer of state, secretary
2 20 of agriculture, and lieutenant governor, and governor for the
2 21 hearing.
2 22 Sec. 6. Section 43.77, subsection 4, Code 2005, is amended
2 23 to read as follows:
2 24 4. A vacancy has occurred in the office of senator in the
2 25 Congress of the United States, lieutenant governor, secretary
2 26 of state, auditor of state, treasurer of state, secretary of
2 27 agriculture, or attorney general, under the circumstances
2 28 described in section 69.13, less than eighty=nine days before
2 29 the primary election and not less than eighty=nine days before
2 30 the general election.
2 31 Sec. 7. Section 43.78, subsection 1, paragraph a, Code
2 32 2005, is amended to read as follows:
2 33 a. For senator in the Congress of the United States or any
2 34 office listed in section 39.9, by the party's state
2 35 convention, which may be reconvened by the state party
3 1 chairperson if the vacancy occurs after the convention has
3 2 been held or too late to be filled at the time it is held.
3 3 However, a vacancy so occurring with respect to the offices of
3 4 secretary of state, auditor of state, or treasurer of state or
3 5 secretary of agriculture may be filled by the party's state
3 6 central committee in lieu of reconvening the state convention.
3 7 Sec. 8. Section 44.6, Code 2005, is amended to read as
3 8 follows:
3 9 44.6 HEARING BEFORE STATE COMMISSIONER.
3 10 Objections filed with the state commissioner shall be
3 11 considered by the secretary of state and auditor of state and
3 12 attorney general, and a majority decision shall be final; but
3 13 if the objection is to the certificate of nomination of one or
3 14 more of the above named officers, said officer or officers so
3 15 objected to shall not pass upon the same, but their places
3 16 shall be filled, respectively, by the treasurer of state, the
3 17 lieutenant governor, and the governor, and the secretary of
3 18 agriculture.
3 19 Sec. 9. Section 63A.2, subsection 1, Code 2005, is amended
3 20 to read as follows:
3 21 1. Governor, secretary of state, secretary of agriculture,
3 22 auditor of state, treasurer of state, attorney general.
3 23 Sec. 10. Section 68B.2, subsection 26, Code 2005, is
3 24 amended to read as follows:
3 25 26. "Statewide elected official" means the governor,
3 26 lieutenant governor, secretary of state, auditor of state,
3 27 treasurer of state, secretary of agriculture, and attorney
3 28 general of the state of Iowa.
3 29 Sec. 11. Section 69.13, unnumbered paragraph 1, Code 2005,
3 30 is amended to read as follows:
3 31 If a vacancy occurs in the office of senator in the
3 32 Congress of the United States, secretary of state, auditor of
3 33 state, treasurer of state, secretary of agriculture, or
3 34 attorney general eighty=nine or more days before a general
3 35 election, and the unexpired term in which the vacancy exists
4 1 has more than seventy days to run after the date of that
4 2 general election, the vacancy shall be filled for the balance
4 3 of the unexpired term at that general election and the person
4 4 elected to fill the vacancy shall assume office as soon as a
4 5 certificate of election has been issued and the person has
4 6 qualified.
4 7 Sec. 12. NEW SECTION. 159.4A SECRETARY OF AGRICULTURE.
4 8 The department shall be administered by a secretary of
4 9 agriculture who shall be appointed by the governor subject to
4 10 confirmation by the senate and shall serve at the pleasure of
4 11 the governor. The governor shall set the salary of the
4 12 secretary of agriculture within the range established by the
4 13 general assembly. If the office of the secretary becomes
4 14 vacant, the vacancy shall be filled in the same manner as
4 15 provided for the original appointment.
4 16 Sec. 13. Section 159.5, unnumbered paragraph 1, Code 2005,
4 17 is amended to read as follows:
4 18 The secretary of agriculture is the head of the department
4 19 of agriculture and land stewardship which shall:
4 20 Sec. 14. Section 159.19, Code 2005, is repealed.
4 21 Sec. 15. TRANSITION. The secretary of agriculture in
4 22 office on the effective date of this Act, or that person's
4 23 successor if the office should become vacant prior to the 2006
4 24 general election, shall continue in office for the remainder
4 25 of the term for which the secretary was elected or appointed.
4 26 The governor elected in November 2006, immediately upon taking
4 27 office, shall appoint a secretary of agriculture so that the
4 28 senate may consider the appointee's confirmation during the
4 29 2007 regular session of the general assembly.
4 30 EXPLANATION
4 31 This bill changes the office of secretary of agriculture
4 32 from an elective office to an appointive office. The bill
4 33 provides that the secretary of agriculture shall be appointed
4 34 by the governor subject to confirmation by the senate and
4 35 serve at the pleasure of the governor. The bill also provides
5 1 that the salary of the secretary of agriculture is to be
5 2 established by the governor within a range established by the
5 3 general assembly.
5 4 The bill removes the secretary of agriculture from the list
5 5 of statewide elected officials designated in various Code
5 6 chapters. The bill provides that the lieutenant governor
5 7 shall serve on the executive council in lieu of the secretary
5 8 of agriculture.
5 9 The bill also provides that the current secretary of
5 10 agriculture shall continue in office for the remainder of the
5 11 term for which the secretary was elected. The governor
5 12 elected in November 2006 shall appoint a secretary of
5 13 agriculture whose confirmation shall be considered during the
5 14 2007 regular session of the general assembly.
5 15 LSB 1141XS 81
5 16 sc:rj/pj/5