House Amendment 1086


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.    .  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 the county
     1 23 auditor, recorder, or treasurer 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 member of the committee chosen to
     1 27 fill the vacancy and the remaining members of the
     1 28 board of supervisors.  The officer appointed shall
     1 29 continue to fulfill the duties of auditor, recorder,
     1 30 or treasurer, as applicable, in addition to serving as
     1 31 county supervisor.  The appointment shall be for the
     1 32 period until the next pending election as defined in
     1 33 section 69.12, and shall be made within forty days
     1 34 after the vacancy occurs.  If the committee of county
     1 35 officers designated to fill the vacancy chooses to
     1 36 proceed under this paragraph, the committee shall
     1 37 publish notice in the manner prescribed by section
     1 38 331.305 stating that the committee intends to fill the
     1 39 vacancy by appointment of the county auditor,
     1 40 recorder, or treasurer to the office of county
     1 41 supervisor but that the electors of the district or
     1 42 county, as the case may be, have the right to file a
     1 43 petition requiring that the vacancy be filled by
     1 44 special election.  The committee may publish notice in
     1 45 advance if a supervisor submits a resignation to take
     1 46 effect at a future date.  The committee may make an
     1 47 appointment to fill the vacancy after the notice is
     1 48 published or after the vacancy occurs, whichever is
     1 49 later.
     1 50    However, if within fourteen days after publication
     2  1 of the notice or within fourteen days after the
     2  2 appointment is made, a petition is filed with the
     2  3 county auditor requesting a special election to fill
     2  4 the vacancy, the appointment is temporary and a
     2  5 special election shall be called as provided in
     2  6 paragraph "b".  The petition shall meet the
     2  7 requirements of section 331.306, except that in
     2  8 counties where supervisors are elected under plan
     2  9 "three", the number of signatures calculated according
     2 10 to the formula in section 331.306 shall be divided by
     2 11 the number of supervisor districts in the county.>
     2 12 #2.  Page 1, by inserting after line 4, the
     2 13 following:
     2 14    <Sec.    .  Section 69.14A, subsection 2, paragraph
     2 15 b, unnumbered paragraph 1, Code 2005, is amended to
     2 16 read as follows:
     2 17    By special election held to fill the office for the
     2 18 remaining balance of the unexpired term.  The board of
     2 19 supervisors may, on its own motion, or shall, upon
     2 20 receipt of a petition as provided in paragraph "a" or
     2 21 "c", call for a special election to fill the vacancy
     2 22 in lieu of appointment.  The supervisors shall order
     2 23 the special election at the earliest practicable date,
     2 24 but giving at least thirty=two days' notice of the
     2 25 election.  A special election called under this
     2 26 section shall be held on a Tuesday and shall not be
     2 27 held on the same day as a school election within the
     2 28 county.>
     2 29 #3.  Page 1, line 20, by inserting after the word
     2 30 <county> the following:  <but that the electors of the
     2 31 county have the right to file a petition requiring
     2 32 that the vacancy be filled by special election>.
     2 33 #4.  Page 1, by inserting after line 26, the
     2 34 following:
     2 35    <However, if within fourteen days after publication
     2 36 of the notice or within fourteen days after the
     2 37 appointment is made, a petition is filed with the
     2 38 county auditor requesting a special election to fill
     2 39 the vacancy, the appointment is temporary and a
     2 40 special election shall be called as provided in
     2 41 paragraph "b".  The petition shall meet the
     2 42 requirements of section 331.306.>
     2 43 #5.  Title page, line 1, by inserting after the
     2 44 word <Act> the following:  <relating to vacancies in
     2 45 certain county offices by>.
     2 46 #6.  Title page, line 2, by inserting after the
     2 47 word <officers> the following:  <and by allowing
     2 48 certain county officers to assume the duties of
     2 49 certain vacant county offices>.
     2 50 #7.  By renumbering as necessary.
     3  1
     3  2
     3  3                               
     3  4 GASKILL of Wapello
     3  5 HF 712.702 81
     3  6 sc/gg/260

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