Text: HF02216 Text: HF02218 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 39.27, Code 2003, is amended to read as 1 2 follows: 1 3 39.27 QUALIFICATIONS FOR PUBLIC OFFICE. 1 4 Any person elected to an office under the laws of this 1 5 state shall be an eligible elector. At the time an elected 1 6 official takes office the official shall be a resident of the 1 7 state, district, county, township, city, or ward by or for 1 8 which the person was elected, or in which the duties of the 1 9 office are to be exercised. An elected official shall 1 10 continue to be a resident of the state, district, county, 1 11 township, city, or ward by or for which the person was 1 12 elected, or in which the duties of the office are to be 1 13 exercised for the duration of the term of office. If the 1 14 official is elected to fill a multicounty office pursuant to 1 15 section 331.323A, the official must be a resident of one of 1 16 the counties which is a party to the agreement provided for in 1 17 that section. This section shall not apply to United States 1 18 senators or representatives in Congress or to members of the 1 19 general assembly. 1 20 Sec. 2. Section 69.14A, subsection 2, unnumbered paragraph 1 21 1, Code 2003, is amended to read as follows: 1 22 A vacancy in any of the offices listed in section 39.17 1 23 shall be filled by one of thetwofollowing procedures: 1 24 Sec. 3. Section 69.14A, subsection 2, Code 2003, is 1 25 amended by adding the following new paragraph: 1 26 NEW PARAGRAPH. c. By appointment by the board of 1 27 supervisors of a county officer in another county. The 1 28 appointment shall be made by agreement of the boards of 1 29 supervisors of the counties, pursuant to chapter 28E, and the 1 30 appointment shall be of the officer holding the equivalent 1 31 office to that which is vacant. The appointment shall be for 1 32 the period until the next pending election as defined in 1 33 section 69.12, and shall be made within forty days after the 1 34 vacancy occurs. However, if the agreement provides for a 1 35 multicounty office beyond the date of the next pending 2 1 election, the office shall be filled as provided in section 2 2 331.323A. If the board of supervisors chooses to proceed 2 3 under this paragraph, the board shall publish notice in the 2 4 manner prescribed by section 331.305 stating that the board 2 5 intends to fill the vacancy by appointment of a county officer 2 6 in another county. The board may publish notice in advance if 2 7 an elected official submits a resignation to take effect at a 2 8 future date. The board may make an appointment to fill the 2 9 vacancy after the notice is published or after the vacancy 2 10 occurs, whichever is later. 2 11 Sec. 4. Section 331.323, subsection 2, paragraph e, Code 2 12 2003, is amended by striking the paragraph. 2 13 Sec. 5. NEW SECTION. 331.323A POWERS RELATING TO COUNTY 2 14 OFFICERS – MULTICOUNTY OFFICE. 2 15 1. The boards of supervisors of two or more counties may 2 16 agree, pursuant to chapter 28E, to share the services of the 2 17 following county officers: 2 18 a. Auditor. 2 19 b. Treasurer. 2 20 c. Recorder. 2 21 d. Sheriff. 2 22 e. County attorney. 2 23 2. If the boards of supervisors of two or more counties 2 24 agree to share the services of a county officer pursuant to 2 25 subsection 1, the officer shall be elected by a majority of 2 26 the votes cast for that office in all of the counties which 2 27 the county officer will serve as provided in the agreement. 2 28 The election shall be conducted in accordance with section 2 29 47.2, subsection 2. The county officer elected pursuant to 2 30 this section must be a resident of one of the counties that is 2 31 a party to the agreement. 2 32 3. The effective date of the agreement shall be January 1 2 33 of the year following the next general election at which the 2 34 county officer who is the subject of the agreement is elected 2 35 as provided by this section and section 39.17. 3 1 4. The initial salary for the shared officer shall be set 3 2 in the agreement. Thereafter, for the duration of the 3 3 agreement, the salary shall be determined jointly by the 3 4 compensation boards of the counties that are parties to the 3 5 agreement pursuant to section 331.907. 3 6 Sec. 6. Sections 331.661 and 331.753, Code 2003, are 3 7 repealed. 3 8 EXPLANATION 3 9 This bill allows two or more counties to enter into a Code 3 10 chapter 28E agreement to share the services of a county 3 11 auditor, treasurer, recorder, sheriff, or county attorney. 3 12 The bill also provides that if there is a vacancy in the 3 13 office of county auditor, treasurer, recorder, sheriff, or 3 14 county attorney, the board of supervisors may fill the vacancy 3 15 by appointing the officer of the equivalent office in another 3 16 county. To make the appointment, the counties must enter into 3 17 a 28E agreement to share services. The 28E agreement may 3 18 provide for sharing the services of the county officer for a 3 19 longer period of time than the duration of the vacant term. 3 20 The bill repeals the sections of the Code which currently 3 21 allow for a multicounty sheriff and a multicounty attorney. 3 22 LSB 5782HH 80 3 23 sc/sh/8
Text: HF02216 Text: HF02218 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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