Text: HSB00143 Text: HSB00145 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 7D.1, subsection 5, Code 1997, is 1 2 amended by striking the subsection. 1 3 Sec. 2. Section 14A.1, Code 1997, is amended to read as 1 4 follows: 1 5 14A.1 DEPUTIES. 1 6 The secretary, auditor, and treasurer of state, and1 7secretary of agriculturemay each appoint, in writing, any 1 8 person, except one holding a state office, as deputy, for 1 9 whose acts the appointing officer shall be responsible, and 1 10 from whom the appointing officer shall require bond, which 1 11 appointment and bond must be approved by the officer having 1 12 the approval of the principal's bond, and such appointment may 1 13 be revoked in the same manner. The appointment and revocation 1 14 shall be filed with and kept by the secretary of state. The 1 15 state shall pay the reasonable cost of the bonds required by 1 16 this section. 1 17 Sec. 3. Section 15.103, unnumbered paragraph 1, Code 1997, 1 18 is amended to read as follows: 1 19 The Iowa economic development board is created, consisting 1 20 of eleven voting members appointed by the governor andseven1 21 eight ex officio nonvoting members. The ex officio nonvoting 1 22 members are the secretary of agriculture; four legislative 1 23 members; one president, or the president's designee, of the 1 24 University of Northern Iowa, the University of Iowa, or Iowa 1 25 State University of science and technology designated by the 1 26 state board of regents on a rotating basis; and one president, 1 27 or the president's designee, of a private college or 1 28 university appointed by the Iowa association of independent 1 29 colleges and universities; and one superintendent, or the 1 30 superintendent's designee, of a community college, appointed 1 31 by the Iowa association of community college presidents. The 1 32 legislative members are two state senators, one appointed by 1 33 the president of the senate, after consultation with the 1 34 majority leader of the senate, and one appointed by the 1 35 minority leader of the senate, after consultation with the 2 1 president of the senate, from their respective parties; and 2 2 two state representatives, one appointed by the speaker and 2 3 one appointed by the minority leader of the house of 2 4 representatives from their respective parties. Not more than 2 5 six of the voting members shall be from the same political 2 6 party.The secretary of agriculture shall be one of the2 7voting members.The governor shall appoint theremaining ten2 8 eleven voting members of the board for a term of four years 2 9 beginning and ending as provided by section 69.19, subject to 2 10 confirmation by the senate, and the governor's appointments 2 11 shall include persons knowledgeable of the various elements of 2 12 the department's responsibilities. 2 13 Sec. 4. Section 39.9, Code 1997, is amended to read as 2 14 follows: 2 15 39.9 STATE OFFICERS – TERM. 2 16 The governor, lieutenant governor, secretary of state, 2 17 auditor of state, treasurer of state,secretary of2 18agriculture,and attorney general shall be elected for a term 2 19 of four years at the general election held in the year 1974 2 20 and every four years thereafter. 2 21 Sec. 5. Section 43.6, subsection 1, Code 1997, is amended 2 22 to read as follows: 2 23 1. When 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 of2 26agriculture,or attorney general and section 69.13 requires 2 27 that the vacancy be filled for the balance of the unexpired 2 28 term at a general election, candidates for the office shall be 2 29 nominated in the preceding primary election if the vacancy 2 30 occurs eighty-nine or more days before the date of that 2 31 primary election. If the vacancy occurs less than one hundred 2 32 four days before the date of that primary election, the state 2 33 commissioner shall accept nomination papers for that office 2 34 only until five o'clock p.m. on the seventy-fourth day before 2 35 the primary election, the provisions of section 43.11 3 1 notwithstanding. If the vacancy occurs later than eighty-nine 3 2 days before the date of that primary election, but not less 3 3 than eighty-nine days before the date of the general election, 3 4 the nominations shall be made in the manner prescribed by this 3 5 chapter for filling vacancies in nominations for offices to be 3 6 voted for at the general election. 3 7 Sec. 6. Section 43.24, subsection 3, unnumbered paragraph 3 8 1, Code 1997, is amended to read as follows: 3 9 Objections filed with the state commissioner shall be 3 10 considered by the secretary of state, auditor of state, and 3 11 attorney general. However, if the objection is to the 3 12 nomination petition, certificate of nomination, or eligibility 3 13 of one or more of those officers, those officers shall be 3 14 replaced, respectively, by the treasurer of state,secretary3 15of agriculturegovernor, and lieutenant governor for the 3 16 hearing. 3 17 Sec. 7. Section 43.77, subsection 4, Code 1997, is amended 3 18 to read as follows: 3 19 4. A vacancy has occurred in the office of senator in the 3 20 Congress of the United States, lieutenant governor, secretary 3 21 of state, auditor of state, treasurer of state,secretary of3 22agriculture,or attorney general, under the circumstances 3 23 described in section 69.13, less than eighty-nine days before 3 24 the primary election and not less than eighty-nine days before 3 25 the general election. 3 26 Sec. 8. Section 43.78, subsection 1, paragraph a, Code 3 27 1997, is amended to read as follows: 3 28 a. For senator in the Congress of the United States or any 3 29 office listed in section 39.9, by the party's state 3 30 convention, which may be reconvened by the state party 3 31 chairperson if the vacancy occurs after the convention has 3 32 been held or too late to be filled at the time it is held. 3 33 However, a vacancy so occurring with respect to the offices of 3 34 secretary of state,or auditor of state, treasurer of stateor3 35secretary of agriculturemay be filled by the party's state 4 1 central committee in lieu of reconvening the state convention. 4 2 Sec. 9. Section 44.6, Code 1997, is amended to read as 4 3 follows: 4 4 44.6 HEARING BEFORE STATE COMMISSIONER. 4 5 Objections filed with the state commissioner shall be 4 6 considered by the secretary of state and auditor of state and 4 7 attorney general, and a majority decision shall be final; but 4 8 if the objection is to the certificate of nomination of one or 4 9 more of the above named officers, said officer or officers so 4 10 objected to shall not pass upon the same, but their places 4 11 shall be filled, respectively, by the treasurer of state, the 4 12 governor, and thesecretary of agriculturelieutenant 4 13 governor. 4 14 Sec. 10. Section 63A.2, subsection 1, Code 1997, is 4 15 amended to read as follows: 4 16 1. Governor, secretary of state,secretary of agriculture,4 17 auditor of state, treasurer of state, attorney general. 4 18 Sec. 11. Section 68B.2, subsection 26, Code 1997, is 4 19 amended to read as follows: 4 20 26. "Statewide elected official" means the governor, 4 21 lieutenant governor, secretary of state, auditor of state, 4 22 treasurer of state,secretary of agriculture,and attorney 4 23 general of the state of Iowa. 4 24 Sec. 12. Section 69.13, unnumbered paragraph 1, Code 1997, 4 25 is amended to read as follows: 4 26 If a vacancy occurs in the office of senator in the 4 27 Congress of the United States, lieutenant governor, secretary 4 28 of state, auditor of state, treasurer of state,secretary of4 29agriculture,or attorney general eighty-nine or more days 4 30 before a general election, and the unexpired term in which the 4 31 vacancy exists has more than seventy days to run after the 4 32 date of that general election, the vacancy shall be filled for 4 33 the balance of the unexpired term at that general election and 4 34 the person elected to fill the vacancy shall assume office as 4 35 soon as a certificate of election has been issued and the 5 1 person has qualified. 5 2 Sec. 13. Section 97B.8, unnumbered paragraphs 2 and 3, 5 3 Code 1997, are amended to read as follows: 5 4 The board consists ofnineeleven members.SixEight of 5 5 the members shall be appointed by the governor. Two members 5 6 shall have investment experience. One member shall be an 5 7 executive of a domestic life insurance company, one an 5 8 executive of a state or national bank operating within the 5 9 state of Iowa, one an executive of an industrial corporation 5 10 located within the state of Iowa, and three shall be members 5 11 of the system, one of whom is an active member who is an 5 12 employee of a school district, area education agency, or 5 13 merged area, one of whom is an active member who is not an 5 14 employee of a school district, area education agency, or 5 15 merged area, and one of whom is a retired member of the 5 16 system. The president of the senate, after consultation with 5 17 the majority leader and the minority leader of the senate, 5 18 shall appoint one member from the membership of the senate and 5 19 the speaker of the house of representatives shall appoint one 5 20 member from the membership of the house. The two members 5 21 appointed by the president of the senate, after consultation 5 22 with the majority leader and the minority leader of the 5 23 senate, and the speaker of the house of representatives and 5 24 the two active members of the system appointed by the governor 5 25 are ex officio members of the board. The director of the 5 26 department of personnel is an ex officio, nonvoting member of 5 27 the board.FiveSix voting members of the board shall 5 28 constitute a quorum. 5 29 The members who are executives of a domestic life insurance 5 30 company, a state or national bank, and a major industrial 5 31 corporation, the members who have investment experience, and 5 32 the member who is a retired member of the system, shall be 5 33 paid their actual expenses incurred in performance of their 5 34 duties and shall receive a per diem as specified in section 5 35 7E.6 for each day of service not exceeding forty days per 6 1 year. Legislative members shall be paid the per diem 6 2 specified in section 2.10, subsection 5, for each day of 6 3 service, and their actual expenses incurred in the performance 6 4 of their duties. The per diem and expenses of the legislative 6 5 members shall be paid from funds appropriated under section 6 6 2.12. The members who are active members of the system and 6 7 the director of the department shall be paid their actual 6 8 expenses incurred in the performance of their duties as 6 9 members of the board and performance of their duties as 6 10 members of the board shall not affect their salaries, 6 11 vacations, or leaves of absence for sickness or injury. The 6 12 appointive terms of the members appointed by the governor are 6 13 for a period of six years beginning and ending as provided in 6 14 section 69.19. If there is a vacancy in the membership of the 6 15 board, the governor has the power of appointment. Appointees 6 16 to this board are subject to confirmation by the senate. 6 17 Sec. 14. Section 159.5, unnumbered paragraph 1, Code 1997, 6 18 is amended to read as follows: 6 19The secretary of agriculture is the head of the department6 20of agriculture and land stewardship whichThe governor shall 6 21 appoint, subject to confirmation by the senate, a secretary of 6 22 agriculture who shall be the chief administrative officer of 6 23 the department of agriculture and land stewardship. The 6 24 secretary shall serve at the pleasure of the governor and 6 25 shall possess a background in agriculture and administration. 6 26 The department shall: 6 27 Sec. 15. Section 159.19, Code 1997, is amended to read as 6 28 follows: 6 29 159.19 SALARY. 6 30 The salary of the secretary of agriculture shall beas6 31fixedset by the governor within a range established by the 6 32 general assembly. 6 33 Sec. 16. Section 546.2, subsection 2, Code 1997, is 6 34 amended to read as follows: 6 35 2. The chief administrative officer of the department is 7 1 the director. The director shall be appointedannuallyby the 7 2 governor from among those individuals who serve as heads of 7 3 the divisions within the department.The appointment shall7 4rotate among the division heads such that the division head of7 5any one division shall not be appointed to be the director for7 6a second year until such time as each division head has served7 7as the director.A division head appointed to be the director 7 8 shall fulfill the responsibilities and duties of the director 7 9 in addition to the individual's responsibilities and duties as 7 10 the head of a division.However, the administrator of the7 11alcoholic beverages division shall serve as director until7 12June 30, 1995The director shall serve at the pleasure of the 7 13 governor. 7 14 Sec. 17. Chapter 2A, Code 1997, is repealed. 7 15 EXPLANATION 7 16 This bill institutes reform with respect to the operation 7 17 of several aspects of state government. 7 18 The bill abolishes the commission on compensation, 7 19 expenses, and salaries for elected state officials. The 7 20 current Code establishes the 15-member commission, requires 7 21 the commission to report biennially, sets forth provisions 7 22 relating to the commission members' terms and the expenses of 7 23 the commission, and requires the general assembly to consider 7 24 the recommendations of the commission. Action by the general 7 25 assembly is required to change the salaries of the elected 7 26 officials. 7 27 The current provisions require the commission to review the 7 28 compensation and expenses received by members of the general 7 29 assembly and the salaries of the other elective state 7 30 officials, and compare the compensation, expenses, and 7 31 salaries to those of comparable positions in other states, the 7 32 federal government, and private enterprise. Under the current 7 33 Code, the commission is required to make its determination as 7 34 to compensation and expense levels for the members of the 7 35 general assembly and for the other elective state officials 8 1 and to submit a recommendation to the governor and the general 8 2 assembly. 8 3 The bill provides for an increase in the number of members 8 4 of the investment board of the Iowa public employees' 8 5 retirement system from nine to 11 members. Eight members 8 6 shall be appointed by the governor, instead of the current six 8 7 members so appointed. The number of members constituting a 8 8 quorum shall increase from five to six. Two members of the 8 9 board are required to have investment experience. 8 10 The bill also modifies provisions concerning the 8 11 appointment of individuals to the office of secretary of 8 12 agriculture, and the scope of authority of that position. The 8 13 bill removes the secretary of agriculture from membership in 8 14 the executive council, established in Code section 7D.1. The 8 15 ability of the secretary of agriculture to appoint a deputy, 8 16 pursuant to section 14A.1, is also removed. The bill changes 8 17 the membership status of the secretary of agriculture on the 8 18 Iowa economic development board from a voting to ex officio 8 19 nonvoting membership, increasing to eight the total number of 8 20 nonvoting members of the commission. The secretary of 8 21 agriculture is removed from the list of substitute hearing 8 22 officers utilized in the event of an objection to the partisan 8 23 or nonpartisan political organization nomination petition or 8 24 certificate of nomination of the secretary of state, auditor 8 25 of state, or attorney general specified in sections 43.24 and 8 26 44.6, and is replaced in that capacity by the governor in 8 27 section 43.24, and the lieutenant governor in section 44.6. 8 28 The same list of substitute hearing officers will accordingly 8 29 apply in both partisan and nonpartisan circumstances. The 8 30 bill provides that the secretary of agriculture shall no 8 31 longer be empowered to administer oaths and take affirmations 8 32 in matters pertaining to the business of their office, 8 33 position, or appointment, contained in section 63A.2. The 8 34 bill removes the secretary of agriculture from the list of 8 35 statewide elected officials designated in section 68B.2, 9 1 subsection 26, concerning conflicts of interest of public 9 2 officers and employees, and from the list of offices in which 9 3 vacancies are filled by general election in section 69.13. 9 4 The bill modifies the appointment process for the secretary of 9 5 agriculture, providing that the governor shall appoint a 9 6 secretary with a background in agriculture and administration, 9 7 subject to senate confirmation, and that the secretary shall 9 8 serve at the pleasure of the governor. Currently, section 9 9 39.9 provides that the secretary of agriculture shall be 9 10 elected for a term of four years by general election. This 9 11 provision is deleted in the bill. Vacancy election provisions 9 12 contained in section 43.6 are modified accordingly, removing 9 13 the secretary of agriculture from the positions whose 9 14 vacancies are addressed. The bill provides that the governor 9 15 shall establish the salary of the secretary within a range set 9 16 by the general assembly, instead of having the salary fixed 9 17 directly by the general assembly as currently provided in 9 18 section 159.19. 9 19 The bill also modifies provisions concerning the 9 20 appointment of the director of the department of commerce. 9 21 The requirements in section 546.2 regarding annual director 9 22 appointments by the governor from a rotating list of commerce 9 23 department divisions are removed. The bill provides that the 9 24 director shall serve at the pleasure of the governor. 9 25 LSB 1379XL 77 9 26 rn/jj/8.2
Text: HSB00143 Text: HSB00145 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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