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House File 2083

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 39.9, Code 1995, is amended to read as
  1  2 follows:
  1  3    39.9  STATE OFFICERS &endash; TERM.
  1  4    The governor, lieutenant governor, secretary of state,
  1  5 auditor of state, treasurer of state, secretary of
  1  6 agriculture, and attorney general shall be elected for a term
  1  7 of four years at the general election held in the year 1974
  1  8 and every four years thereafter.
  1  9    Sec. 2.  Section 43.6, subsection 1, Code 1995, is amended
  1 10 to read as follows:
  1 11    1.  When a vacancy occurs in the office of senator in the
  1 12 Congress of the United States, lieutenant governor, secretary
  1 13 of state, auditor of state, treasurer of state, secretary of
  1 14 agriculture, or attorney general and section 69.13 requires
  1 15 that the vacancy be filled for the balance of the unexpired
  1 16 term at a general election, candidates for the office shall be
  1 17 nominated in the preceding primary election if the vacancy
  1 18 occurs eighty-nine or more days before the date of that
  1 19 primary election.  If the vacancy occurs less than one hundred
  1 20 four days before the date of that primary election, the state
  1 21 commissioner shall accept nomination papers for that office
  1 22 only until five o'clock p.m. on the seventy-fourth day before
  1 23 the primary election, the provisions of section 43.11
  1 24 notwithstanding.  If the vacancy occurs later than eighty-nine
  1 25 days before the date of that primary election, but not less
  1 26 than eighty-nine days before the date of the general election,
  1 27 the nominations shall be made in the manner prescribed by this
  1 28 chapter for filling vacancies in nominations for offices to be
  1 29 voted for at the general election.
  1 30    Sec. 3.  Section 43.24, subsection 3, unnumbered paragraph
  1 31 1, Code 1995, is amended to read as follows:
  1 32    Objections filed with the state commissioner shall be
  1 33 considered by the secretary of state, auditor of state, and
  1 34 attorney general.  However, if the objection is to the
  1 35 nomination petition, certificate of nomination, or eligibility
  2  1 of one or more of those officers, those officers shall be
  2  2 replaced, respectively, by the treasurer of state, secretary
  2  3 of agriculture, and lieutenant governor for the hearing.
  2  4    Sec. 4.  Section 43.77, subsection 4, Code 1995, is amended
  2  5 to read as follows:
  2  6    4.  A vacancy has occurred in the office of senator in the
  2  7 Congress of the United States, lieutenant governor, secretary
  2  8 of state, auditor of state, treasurer of state, secretary of
  2  9 agriculture, or attorney general, under the circumstances
  2 10 described in section 69.13, less than eighty-nine days before
  2 11 the primary election and not less than eighty-nine days before
  2 12 the general election.
  2 13    Sec. 5.  Section 43.78, subsection 1, paragraph a, Code
  2 14 1995, is amended to read as follows:
  2 15    a.  For senator in the Congress of the United States or any
  2 16 office listed in section 39.9, by the party's state
  2 17 convention, which may be reconvened by the state party
  2 18 chairperson if the vacancy occurs after the convention has
  2 19 been held or too late to be filled at the time it is held.
  2 20 However, a vacancy so occurring with respect to the offices of
  2 21 secretary of state, auditor of state, or treasurer of state or
  2 22 secretary of agriculture may be filled by the party's state
  2 23 central committee in lieu of reconvening the state convention.
  2 24    Sec. 6.  Section 44.6, Code 1995, is amended to read as
  2 25 follows:
  2 26    44.6  HEARING BEFORE STATE COMMISSIONER.
  2 27    Objections filed with the state commissioner shall be
  2 28 considered by the secretary of state and auditor of state and
  2 29 attorney general, and a majority decision shall be final; but
  2 30 if the objection is to the certificate of nomination of one or
  2 31 more of the above named officers, said officer or officers so
  2 32 objected to shall not pass upon the same, but their places
  2 33 shall be filled, respectively, by the treasurer of state, the
  2 34 governor, and the secretary of agriculture lieutenant
  2 35 governor.
  3  1    Sec. 7.  Section 68B.2, subsection 26, Code 1995, is
  3  2 amended to read as follows:
  3  3    26.  "Statewide elected official" means the governor,
  3  4 lieutenant governor, secretary of state, auditor of state,
  3  5 treasurer of state, secretary of agriculture, and attorney
  3  6 general of the state of Iowa.
  3  7    Sec. 8.  Section 69.13, unnumbered paragraph 1, Code 1995,
  3  8 is amended to read as follows:
  3  9    If a vacancy occurs in the office of senator in the
  3 10 Congress of the United States, lieutenant governor, secretary
  3 11 of state, auditor of state, treasurer of state, secretary of
  3 12 agriculture, or attorney general eighty-nine or more days
  3 13 before a general election, and the unexpired term in which the
  3 14 vacancy exists has more than seventy days to run after the
  3 15 date of that general election, the vacancy shall be filled for
  3 16 the balance of the unexpired term at that general election and
  3 17 the person elected to fill the vacancy shall assume office as
  3 18 soon as a certificate of election has been issued and the
  3 19 person has qualified.
  3 20    Sec. 9.  Section 159.5, Code 1995, is amended by adding the
  3 21 following new unnumbered paragraph before unnumbered paragraph
  3 22 1:
  3 23    NEW UNNUMBERED PARAGRAPH.  The chief administrative officer
  3 24 of the department is the secretary who shall be appointed by
  3 25 the governor, subject to confirmation of the senate, and serve
  3 26 at the governor's pleasure.  The governor shall make the
  3 27 appointment based on the appointee's training, experience, and
  3 28 capabilities.  The secretary shall be knowledgeable in the
  3 29 general field of agriculture and land management.  The salary
  3 30 of the director shall be fixed by the governor within salary
  3 31 guidelines or a range established by the general assembly.
  3 32    Sec. 10.  Section 159.19, Code 1995, is repealed.
  3 33    Sec. 11.  APPLICABILITY.  This Act applies to terms of
  3 34 office of secretary of agriculture beginning on or after
  3 35 January 1, 1999.  
  4  1                           EXPLANATION
  4  2    This bill changes the office of secretary of agriculture
  4  3 from an elective office to an appointive one.  The bill
  4  4 provides that the secretary is to be appointed by the governor
  4  5 to serve at the pleasure of the governor, subject to confirma-
  4  6 tion by the senate.  The salary of the secretary is to be set
  4  7 by the governor within guidelines established by the general
  4  8 assembly.
  4  9    The bill applies to terms of office of secretary of
  4 10 agriculture beginning on or after January 1, 1999.  
  4 11 LSB 3463YH 76
  4 12 sc/jw/5
     

Text: HF02082                           Text: HF02084
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