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Senate Study Bill 3163

Bill Text

PAG LIN
  1  1    Section 1.  Section 7D.1, subsection 5, Code 2003, is
  1  2 amended to read as follows:
  1  3    5.  Secretary of agriculture The lieutenant governor
  1  4 general.
  1  5    Sec. 2.  Section 14A.1, Code 2003, is amended to read as
  1  6 follows:
  1  7    14A.1  DEPUTIES.
  1  8    The secretary, auditor, and treasurer of state, and
  1  9 secretary of agriculture may each appoint, in writing, any
  1 10 person, except one holding a state office, as deputy, for
  1 11 whose acts the appointing officer shall be responsible, and
  1 12 from whom the appointing officer shall require bond, which
  1 13 appointment and bond must be approved by the officer having
  1 14 the approval of the principal's bond, and such appointment may
  1 15 be revoked in the same manner.  The appointment and revocation
  1 16 shall be filed with and kept by the secretary of state.  The
  1 17 state shall pay the reasonable cost of the bonds required by
  1 18 this section.
  1 19    Sec. 3.  Section 39.9, Code 2003, is amended to read as
  1 20 follows:
  1 21    39.9  STATE OFFICERS – TERM.
  1 22    The governor, lieutenant governor, secretary of state,
  1 23 auditor of state, treasurer of state, secretary of
  1 24 agriculture, and attorney general shall be elected for a term
  1 25 of four years at the general election held in the year 1974
  1 26 and every four years thereafter.
  1 27    Sec. 4.  Section 43.6, subsection 1, Code 2003, is amended
  1 28 to read as follows:
  1 29    1.  When a vacancy occurs in the office of senator in the
  1 30 Congress of the United States, secretary of state, auditor of
  1 31 state, treasurer of state, secretary of agriculture, or
  1 32 attorney general and section 69.13 requires that the vacancy
  1 33 be filled for the balance of the unexpired term at a general
  1 34 election, candidates for the office shall be nominated in the
  1 35 preceding primary election if the vacancy occurs eighty-nine
  2  1 or more days before the date of that primary election.  If the
  2  2 vacancy occurs less than one hundred four days before the date
  2  3 of that primary election, the state commissioner shall accept
  2  4 nomination papers for that office only until five o'clock p.m.
  2  5 on the seventy-fourth day before the primary election, the
  2  6 provisions of section 43.11 notwithstanding.  If the vacancy
  2  7 occurs later than eighty-nine days before the date of that
  2  8 primary election, but not less than eighty-nine days before
  2  9 the date of the general election, the nominations shall be
  2 10 made in the manner prescribed by this chapter for filling
  2 11 vacancies in nominations for offices to be voted for at the
  2 12 general election.
  2 13    Sec. 5.  Section 43.24, subsection 3, unnumbered paragraph
  2 14 1, Code 2003, is amended to read as follows:
  2 15    Objections filed with the state commissioner shall be
  2 16 considered by the secretary of state, auditor of state, and
  2 17 attorney general.  However, if the objection is to the
  2 18 nomination petition, certificate of nomination, or eligibility
  2 19 of one or more of those officers, those officers shall be
  2 20 replaced, respectively, by the treasurer of state, secretary
  2 21 of agriculture, and lieutenant governor for the hearing.
  2 22    Sec. 6.  Section 43.77, subsection 4, Code 2003, is amended
  2 23 to read as follows:
  2 24    4.  A vacancy has occurred in the office of senator in the
  2 25 Congress of the United States, lieutenant governor, secretary
  2 26 of state, auditor of state, treasurer of state, secretary of
  2 27 agriculture, or attorney general, under the circumstances
  2 28 described in section 69.13, less than eighty-nine days before
  2 29 the primary election and not less than eighty-nine days before
  2 30 the general election.
  2 31    Sec. 7.  Section 43.78, subsection 1, paragraph a, Code
  2 32 2003, is amended to read as follows:
  2 33    a.  For senator in the Congress of the United States or any
  2 34 office listed in section 39.9, by the party's state
  2 35 convention, which may be reconvened by the state party
  3  1 chairperson if the vacancy occurs after the convention has
  3  2 been held or too late to be filled at the time it is held.
  3  3 However, a vacancy so occurring with respect to the offices of
  3  4 secretary of state, auditor of state, or treasurer of state or
  3  5 secretary of agriculture may be filled by the party's state
  3  6 central committee in lieu of reconvening the state convention.
  3  7    Sec. 8.  Section 44.6, Code 2003, is amended to read as
  3  8 follows:
  3  9    44.6  HEARING BEFORE STATE COMMISSIONER.
  3 10    Objections filed with the state commissioner shall be
  3 11 considered by the secretary of state and auditor of state and
  3 12 attorney general, and a majority decision shall be final; but.
  3 13 However, if the objection is to the certificate of nomination
  3 14 of one or more of the above named officers, said the officer
  3 15 or officers so objected to shall not pass upon the same, but
  3 16 their places shall be filled, respectively, by the treasurer
  3 17 of state, the governor, and the secretary of agriculture
  3 18 lieutenant governor.
  3 19    Sec. 9.  Section 63A.2, subsection 1, Code Supplement 2003,
  3 20 is amended to read as follows:
  3 21    1.  Governor The governor, the secretary of state,
  3 22 secretary of agriculture, the auditor of state, the treasurer
  3 23 of state, or the attorney general.
  3 24    Sec. 10.  Section 68B.2, subsection 26, Code Supplement
  3 25 2003, is amended to read as follows:
  3 26    26.  "Statewide elected official" means the governor,
  3 27 lieutenant governor, secretary of state, auditor of state,
  3 28 treasurer of state, secretary of agriculture, and attorney
  3 29 general of the state of Iowa.
  3 30    Sec. 11.  Section 69.13, unnumbered paragraph 1, Code 2003,
  3 31 is amended to read as follows:
  3 32    If a vacancy occurs in the office of senator in the
  3 33 Congress of the United States, secretary of state, auditor of
  3 34 state, treasurer of state, secretary of agriculture, or
  3 35 attorney general eighty-nine or more days before a general
  4  1 election, and the unexpired term in which the vacancy exists
  4  2 has more than seventy days to run after the date of that
  4  3 general election, the vacancy shall be filled for the balance
  4  4 of the unexpired term at that general election and the person
  4  5 elected to fill the vacancy shall assume office as soon as a
  4  6 certificate of election has been issued and the person has
  4  7 qualified.
  4  8    Sec. 12.  NEW SECTION.  159.4A  APPOINTMENT OF SECRETARY OF
  4  9 AGRICULTURE – SALARY.
  4 10    The governor shall appoint a secretary of agriculture,
  4 11 subject to confirmation by the senate.  The secretary of
  4 12 agriculture shall serve at the pleasure of the governor.  The
  4 13 secretary of agriculture is exempt from the merit system
  4 14 provisions of chapter 8A, subchapter IV.  The governor shall
  4 15 set the salary of the secretary of agriculture within the
  4 16 range established by the general assembly.
  4 17    Sec. 13.  Section 159.5, unnumbered paragraph 1, Code
  4 18 Supplement 2003, is amended to read as follows:
  4 19    The secretary of agriculture is the head of the department
  4 20 of agriculture and land stewardship which shall do all of the
  4 21 following:
  4 22    Sec. 14.  Section 159.19, Code 2003, is repealed.
  4 23    Sec. 15.  APPLICABILITY.  This Act shall not affect the
  4 24 term of office or the powers and duties of the person who is
  4 25 serving as secretary of agriculture on the effective date of
  4 26 this Act for the remainder of that person's term of office.  
  4 27                           EXPLANATION
  4 28    This bill provides that the secretary of agriculture is to
  4 29 be appointed by the governor rather than elected during a
  4 30 general statewide election.  The bill removes the secretary of
  4 31 agriculture from the list of statewide elected officials
  4 32 designated in various Code chapters.  The bill provides that
  4 33 the person appointed as secretary of agriculture must be
  4 34 confirmed by the senate, and that the person's salary is to be
  4 35 established by the governor within a range established by the
  5  1 general assembly.  The bill provides that the lieutenant
  5  2 governor shall serve on the executive council in lieu of the
  5  3 secretary of agriculture.
  5  4    The bill provides that its provisions do not affect the
  5  5 term of office or the powers and duties held by the person
  5  6 currently elected to that position.  
  5  7 LSB 6605XC 80
  5  8 da/gg/14
     

Text: SSB03162                          Text: SSB03164
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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