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House File 411

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 39.9, Code 1997, is amended to read as
  1  2 follows:
  1  3    39.9  STATE OFFICERS – 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 1997, 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 43.77, subsection 4, Code 1997, is amended
  1 31 to read as follows:
  1 32    4.  A vacancy has occurred in the office of senator in the
  1 33 Congress of the United States, lieutenant governor, secretary
  1 34 of state, auditor of state, treasurer of state, secretary of
  1 35 agriculture, or attorney general, under the circumstances
  2  1 described in section 69.13, less than eighty-nine days before
  2  2 the primary election and not less than eighty-nine days before
  2  3 the general election.
  2  4    Sec. 4.  Section 43.78, subsection 1, paragraph a, Code
  2  5 1997, is amended to read as follows:
  2  6    a.  For senator in the Congress of the United States or any
  2  7 office listed in section 39.9, by the party's state
  2  8 convention, which may be reconvened by the state party
  2  9 chairperson if the vacancy occurs after the convention has
  2 10 been held or too late to be filled at the time it is held.
  2 11 However, a vacancy so occurring with respect to the offices of
  2 12 secretary of state, auditor of state, or treasurer of state or
  2 13 secretary of agriculture may be filled by the party's state
  2 14 central committee in lieu of reconvening the state convention.
  2 15    Sec. 5.  Section 68B.2, subsection 26, Code 1997, is
  2 16 amended to read as follows:
  2 17    26.  "Statewide elected official" means the governor,
  2 18 lieutenant governor, secretary of state, auditor of state,
  2 19 treasurer of state, secretary of agriculture, and attorney
  2 20 general of the state of Iowa.
  2 21    Sec. 6.  Section 69.13, unnumbered paragraph 1, Code 1997,
  2 22 is amended to read as follows:
  2 23    If a vacancy occurs in the office of senator in the
  2 24 Congress of the United States, lieutenant governor, secretary
  2 25 of state, auditor of state, treasurer of state, secretary of
  2 26 agriculture, or attorney general eighty-nine or more days
  2 27 before a general election, and the unexpired term in which the
  2 28 vacancy exists has more than seventy days to run after the
  2 29 date of that general election, the vacancy shall be filled for
  2 30 the balance of the unexpired term at that general election and
  2 31 the person elected to fill the vacancy shall assume office as
  2 32 soon as a certificate of election has been issued and the
  2 33 person has qualified.
  2 34    Sec. 7.  Section 159.5, unnumbered paragraph 1, Code 1997,
  2 35 is amended to read as follows:
  3  1    The secretary of agriculture is the head of the department
  3  2 of agriculture and land stewardship which The governor shall
  3  3 appoint, subject to confirmation by the senate, a secretary of
  3  4 agriculture who shall be the chief administrative officer of
  3  5 the department of agriculture and land stewardship.  The
  3  6 governor shall select the appointee from a list of candidates
  3  7 submitted by the ten agricultural production organizations
  3  8 with the largest memberships in the state.  Each organization
  3  9 shall be eligible to submit the names of up to two potential
  3 10 appointees.  The submission process shall be established by
  3 11 the department by rule.  The secretary shall serve at the
  3 12 pleasure of the governor and shall possess a background in
  3 13 agriculture and administration.  The department shall:
  3 14    Sec. 8.  Section 159.19, Code 1997, is amended to read as
  3 15 follows:
  3 16    159.19  SALARY.
  3 17    The salary of the secretary of agriculture shall be as
  3 18 fixed set by the governor within a range established by the
  3 19 general assembly.  
  3 20                           EXPLANATION
  3 21    This bill modifies provisions concerning the appointment of
  3 22 individuals to the office of secretary of agriculture.  The
  3 23 bill removes the secretary of agriculture from the list of
  3 24 statewide elected officials designated in section 68B.2,
  3 25 subsection 26, concerning conflicts of interest of public
  3 26 officers and employees, and from the list of offices in which
  3 27 vacancies are filled by general election in section 69.13.
  3 28 The bill modifies the appointment process for the secretary of
  3 29 agriculture, providing that the governor shall appoint a
  3 30 secretary with a background in agriculture and administration
  3 31 from a list of appointees submitted by the 10 agricultural
  3 32 production organizations in the state with the largest
  3 33 memberships, subject to senate confirmation, and that the
  3 34 secretary shall serve at the pleasure of the governor.
  3 35 Currently, section 39.9 provides that the secretary of
  4  1 agriculture shall be elected for a term of four years by
  4  2 general election.  This provision is deleted in the bill.
  4  3 Vacancy election provisions contained in sections 43.6, 43.77,
  4  4 and 43.78 are modified accordingly, removing the secretary of
  4  5 agriculture from the positions whose vacancies are addressed.
  4  6 The bill provides that the governor shall establish the salary
  4  7 of the secretary within a range set by the general assembly,
  4  8 instead of having the salary fixed directly by the general
  4  9 assembly as currently provided in section 159.19.  
  4 10 LSB 1780YH 77
  4 11 rn/jj/8.2
     
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