Text: HSB00502 Text: HSB00504 Text: HSB00500 - HSB00599 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 Supplement 1997, 2 22 is amended 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, secretary of state, auditor of 2 25 state, treasurer of state,secretary of agriculture,or 2 26 attorney general and section 69.13 requires that the vacancy 2 27 be filled for the balance of the unexpired term at a general 2 28 election, candidates for the office shall be nominated in the 2 29 preceding primary election if the vacancy occurs eighty-nine 2 30 or more days before the date of that primary election. If the 2 31 vacancy occurs less than one hundred four days before the date 2 32 of that primary election, the state commissioner shall accept 2 33 nomination papers for that office only until five o'clock p.m. 2 34 on the seventy-fourth day before the primary election, the 2 35 provisions of section 43.11 notwithstanding. If the vacancy 3 1 occurs later than eighty-nine days before the date of that 3 2 primary election, but not less than eighty-nine days before 3 3 the date of the general election, the nominations shall be 3 4 made in the manner prescribed by this chapter for filling 3 5 vacancies in nominations for offices to be voted for at the 3 6 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, auditor of state, or 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 4 25 Supplement 1997, 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, secretary of state, auditor of 4 28 state, treasurer of state,secretary of agriculture,or 4 29 attorney general eighty-nine or more days before a general 4 30 election, and the unexpired term in which the vacancy exists 4 31 has more than seventy days to run after the date of that 4 32 general election, the vacancy shall be filled for the balance 4 33 of the unexpired term at that general election and the person 4 34 elected to fill the vacancy shall assume office as soon as a 4 35 certificate of election has been issued and the person has 5 1 qualified. 5 2 Sec. 13. Section 159.5, unnumbered paragraph 1, Code 1997, 5 3 is amended to read as follows: 5 4The secretary of agriculture is the head of the department5 5of agriculture and land stewardship whichThe governor shall 5 6 appoint, subject to confirmation by the senate, a secretary of 5 7 agriculture who shall be the chief administrative officer of 5 8 the department of agriculture and land stewardship. The 5 9 secretary shall serve at the pleasure of the governor and 5 10 shall possess a background in agriculture and administration. 5 11 The department shall: 5 12 Sec. 14. Section 159.19, Code 1997, is amended to read as 5 13 follows: 5 14 159.19 SALARY. 5 15 The salary of the secretary of agriculture shall beas5 16fixedset by the governor within a range established by the 5 17 general assembly. 5 18 EXPLANATION 5 19 This bill modifies provisions concerning the office of 5 20 secretary of agriculture and the scope of authority of that 5 21 position. The bill removes the secretary of agriculture from 5 22 membership in the executive council, established in Code 5 23 section 7D.1. The ability of the secretary of agriculture to 5 24 appoint a deputy, pursuant to section 14A.1, is also removed. 5 25 The bill changes the membership status of the secretary of 5 26 agriculture on the Iowa economic development board from a 5 27 voting to an ex officio nonvoting membership, increasing to 5 28 eight the total number of nonvoting members of the commission. 5 29 The bill establishes an appointment process for the 5 30 secretary of agriculture, providing that the governor shall 5 31 appoint a secretary with a background in agriculture and 5 32 administration, subject to senate confirmation, and that the 5 33 secretary shall serve at the pleasure of the governor. 5 34 Currently, section 39.9 provides that the secretary of 5 35 agriculture shall be elected for a term of four years by 6 1 general election. This provision is deleted in the bill. 6 2 Vacancy election provisions contained in section 43.6 are 6 3 modified accordingly, removing the secretary of agriculture 6 4 from the positions whose vacancies are addressed. 6 5 The secretary of agriculture is removed from the list of 6 6 substitute hearing officers utilized in the event of an 6 7 objection to the partisan or nonpartisan political 6 8 organization nomination petition or certificate of nomination 6 9 of the secretary of state, auditor of state, or attorney 6 10 general specified in sections 43.24 and 44.6, and is replaced 6 11 in that capacity by the governor in section 43.24, and the 6 12 lieutenant governor in section 44.6. The same list of 6 13 substitute hearing officers will accordingly apply in both 6 14 partisan and nonpartisan circumstances. The bill removes the 6 15 secretary of agriculture from the list of persons in section 6 16 63A.2 empowered to administer oaths and take affirmations in 6 17 matters pertaining to the business of their office, position, 6 18 or appointment. The bill removes the secretary of agriculture 6 19 from the list of statewide elected officials designated in 6 20 section 68B.2, subsection 26, concerning conflicts of interest 6 21 of public officers and employees, and from the list of offices 6 22 in which vacancies are filled by general election in section 6 23 69.13. 6 24 The bill provides that the governor shall establish the 6 25 salary of the secretary within a range set by the general 6 26 assembly, instead of having the salary fixed directly by the 6 27 general assembly as currently provided in section 159.19. 6 28 LSB 3280XL 77 6 29 sc/jw/5
Text: HSB00502 Text: HSB00504 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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