House Amendment 1084


PAG LIN




     1  1    Amend House File 712 as follows:
     1  2 #1.  Page 1, by inserting before line 1, the
     1  3 following:
     1  4    <Section 1.  Section 69.14A, subsection 1,
     1  5 paragraph b, unnumbered paragraph 1, Code 2005, is
     1  6 amended to read as follows:
     1  7    By special election held to fill the office for the
     1  8 remaining balance of the unexpired term.  The
     1  9 committee of county officers designated to fill the
     1 10 vacancy in section 69.8 may, on its own motion, or
     1 11 shall, upon receipt of a petition as provided in
     1 12 paragraph "a" or "c", call for a special election to
     1 13 fill the vacancy in lieu of appointment.  The
     1 14 committee shall order the special election at the
     1 15 earliest practicable date, but giving at least thirty=
     1 16 two days' notice of the election.  A special election
     1 17 called under this section shall be held on a Tuesday
     1 18 and shall not be held on the same day as a school
     1 19 election within the county.
     1 20    Sec. 2.  Section 69.14A, subsection 1, Code 2005,
     1 21 is amended by adding the following new paragraph:
     1 22    NEW PARAGRAPH.  c.  By appointment of a county
     1 23 supervisor in another county by the committee of
     1 24 county officers designated to fill the vacancy in
     1 25 section 69.8.  The appointment shall be made by
     1 26 agreement of the committee of county officers and the
     1 27 board of supervisors of the county from which the
     1 28 supervisor is appointed.  The appointment shall be for
     1 29 the period until the next pending election as defined
     1 30 in section 69.12, and shall be made within forty days
     1 31 after the vacancy occurs.  If the committee of county
     1 32 officers designated to fill the vacancy chooses to
     1 33 proceed under this paragraph, the committee shall
     1 34 publish notice in the manner prescribed by section
     1 35 331.305 stating that the committee intends to fill the
     1 36 vacancy by appointment of a county supervisor in
     1 37 another county but that the electors of the district
     1 38 or county, as the case may be, have the right to file
     1 39 a petition requiring that the vacancy be filled by
     1 40 special election.  The committee may publish notice in
     1 41 advance if a supervisor submits a resignation to take
     1 42 effect at a future date.  The committee may make an
     1 43 appointment to fill the vacancy after the notice is
     1 44 published or after the vacancy occurs, whichever is
     1 45 later.  A person appointed under this paragraph is not
     1 46 required to be a resident of the county filling the
     1 47 vacancy by appointment.
     1 48    However, if within fourteen days after publication
     1 49 of the notice or within fourteen days after the
     1 50 appointment is made, a petition is filed with the
     2  1 county auditor requesting a special election to fill
     2  2 the vacancy, the appointment is temporary and a
     2  3 special election shall be called as provided in
     2  4 paragraph "b".  The petition shall meet the
     2  5 requirements of section 331.306, except that in
     2  6 counties where supervisors are elected under plan
     2  7 "three", the number of signatures calculated according
     2  8 to the formula in section 331.306 shall be divided by
     2  9 the number of supervisor districts in the county.>
     2 10 #2.  Page 1, by inserting after line 4, the
     2 11 following:
     2 12    <Sec.    .  Section 69.14A, subsection 2, paragraph
     2 13 b, unnumbered paragraph 1, Code 2005, is amended to
     2 14 read as follows:
     2 15    By special election held to fill the office for the
     2 16 remaining balance of the unexpired term.  The board of
     2 17 supervisors may, on its own motion, or shall, upon
     2 18 receipt of a petition as provided in paragraph "a" or
     2 19 "c", call for a special election to fill the vacancy
     2 20 in lieu of appointment.  The supervisors shall order
     2 21 the special election at the earliest practicable date,
     2 22 but giving at least thirty=two days' notice of the
     2 23 election.  A special election called under this
     2 24 section shall be held on a Tuesday and shall not be
     2 25 held on the same day as a school election within the
     2 26 county.>
     2 27 #3.  Page 1, line 20, by inserting after the word
     2 28 <county> the following:  <but that the electors of the
     2 29 county have the right to file a petition requiring
     2 30 that the vacancy be filled by special election>.
     2 31 #4.  Page 1, by inserting after line 26, the
     2 32 following:
     2 33    <However, if within fourteen days after publication
     2 34 of the notice or within fourteen days after the
     2 35 appointment is made, a petition is filed with the
     2 36 county auditor requesting a special election to fill
     2 37 the vacancy, the appointment is temporary and a
     2 38 special election shall be called as provided in
     2 39 paragraph "b".  The petition shall meet the
     2 40 requirements of section 331.306.>
     2 41 #5.  By renumbering as necessary.
     2 42
     2 43
     2 44                               
     2 45 GASKILL of Wapello
     2 46 HF 712.201 81
     2 47 sc/sh/259

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