Senate Amendment 5122


PAG LIN




     1  1    Amend House File 2240, as passed by the House, as
     1  2 follows:
     1  3 #1.  Page 1, by inserting before line 1 the
     1  4 following:
     1  5    <Section 1.  Section 69.14A, subsection 1,
     1  6 unnumbered paragraph 1, Code 2005, is amended to read
     1  7 as follows:
     1  8    A vacancy on the board of supervisors shall be
     1  9 filled by one of the two following procedures:
     1 10    Sec.    .  Section 69.14A, subsection 1, Code 2005,
     1 11 is amended by adding the following new paragraph:
     1 12    NEW PARAGRAPH.  c.  For a vacancy declared by the
     1 13 board pursuant to section 331.214, subsection 2, by
     1 14 special election held to fill the office if the
     1 15 remaining balance of the unexpired term is two and
     1 16 one=half years or more.  The committee of county
     1 17 officers designated to fill the vacancy in section
     1 18 69.8 shall order the special election at the earliest
     1 19 practicable date, but giving at least thirty=two days'
     1 20 notice of the election.  A special election called
     1 21 under this section shall be held on a Tuesday and
     1 22 shall not be held on the same day as a school election
     1 23 within the county.  The office shall be listed on the
     1 24 ballot, as "For Board of Supervisors, To Fill
     1 25 Vacancy".  The person elected at the special election
     1 26 shall serve the balance of the unexpired term.>
     1 27 #2.  Page 1, line 22 by inserting after the word
     1 28 <board> the following:  <shall appoint a physician and
     1 29 the family of the supervisor shall appoint a physician
     1 30 to examine the supervisor.  For purposes of this
     1 31 subsection, "family" means the parent, spouse, or
     1 32 child of the supervisor.  If the family does not
     1 33 appoint a physician, the board>.
     1 34 #3.  Page 1, line 23, by striking the word <and>
     1 35 and inserting the following:  <.  The board shall>.
     1 36 #4.  Page 1, line 30, by inserting after the word
     1 37 <term.> the following:  <However, if the physicians
     1 38 concur that the supervisor is mentally incapable of
     1 39 performing the duties of office, the board shall not
     1 40 declare the supervisor's seat vacant for one year from
     1 41 the date of the hearing if the supervisor is receiving
     1 42 treatment for the mental incapacity.>
     1 43 #5.  Page 1, by inserting after line 35 the
     1 44 following:
     1 45    <c.  If the board declares a vacancy under this
     1 46 subsection and the remaining balance of the
     1 47 supervisor's unexpired term is two and one=half years
     1 48 or more, a special election shall be held to fill the
     1 49 office as provided in section 69.14A, subsection 1,
     1 50 paragraph "c".>
     2  1 #6.  By renumbering as necessary.
     2  2
     2  3
     2  4                               
     2  5 COMMITTEE ON LOCAL GOVERNMENT
     2  6 HERMAN C. QUIRMBACH, CO=CHAIRPERSON
     2  7
     2  8
     2  9                               
     2 10 DOUG SHULL, CO=CHAIRPERSON
     2 11 HF 2240.202 81
     2 12 eg/sh/0913

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