Senate Amendment 5134


PAG LIN




     1  1    Amend the amendment, S=5121, to House File 2282, as
     1  2 passed by the House, as follows:
     1  3 #1.  Page 1, by inserting after line 2 the
     1  4 following:
     1  5    <#   .  Page 2, by inserting after line 9 the
     1  6 following:
     1  7    <Sec.    .  Section 372.13, subsection 2, paragraph
     1  8 a, unnumbered paragraph 1, Code 2005, is amended to
     1  9 read as follows:
     1 10    By appointment by the remaining members of the
     1 11 council, except that if the remaining members do not
     1 12 constitute a quorum of the full membership, paragraph
     1 13 paragraphs "b" and "c" shall be followed.  The
     1 14 appointment shall be for the period until the next
     1 15 pending election as defined in section 69.12, and
     1 16 shall be made within forty days after the vacancy
     1 17 occurs.  If the council chooses to proceed under this
     1 18 paragraph, it shall publish notice in the manner
     1 19 prescribed by section 362.3, stating that the council
     1 20 intends to fill the vacancy by appointment but that
     1 21 the electors of the city or ward, as the case may be,
     1 22 have the right to file a petition requiring that the
     1 23 vacancy be filled by a special election.  The council
     1 24 may publish notice in advance if an elected official
     1 25 submits a resignation to take effect at a future date.
     1 26 The council may make an appointment to fill the
     1 27 vacancy after the notice is published or after the
     1 28 vacancy occurs, whichever is later.  However, if
     1 29 within fourteen days after publication of the notice
     1 30 or within fourteen days after the appointment is made,
     1 31 there is filed with the city clerk a petition which
     1 32 requests a special election to fill the vacancy, an
     1 33 appointment to fill the vacancy is temporary and the
     1 34 council shall call a special election to fill the
     1 35 vacancy permanently, under paragraph "b".  The number
     1 36 of signatures of eligible electors of a city for a
     1 37 valid petition shall be determined as follows:
     1 38    Sec.    .  Section 372.13, subsection 2, Code 2005,
     1 39 is amended by adding the following new paragraph:
     1 40    NEW PARAGRAPH.  c.  If concurrent vacancies exist
     1 41 on the council and the remaining council members do
     1 42 not constitute a quorum of the full membership, the
     1 43 city clerk shall notify the mayors of the cities in
     1 44 the county where the city is located and such mayors
     1 45 shall, within twenty days of notification, appoint a
     1 46 successor to each vacant city council office.  If the
     1 47 city is divided into wards, the appointee must be a
     1 48 resident of the ward in which the city council vacancy
     1 49 has occurred.  The appointee shall serve until
     1 50 qualification of the person elected at the special
     2  1 election provided for in paragraph "b".  If the office
     2  2 of city clerk is vacant, the remaining council members
     2  3 shall notify the mayors of the city council
     2  4 vacancies.>>
     2  5 #2.  By renumbering as necessary.
     2  6
     2  7
     2  8                               
     2  9 DARYL BEALL
     2 10
     2 11
     2 12                               
     2 13 KEITH A. KREIMAN
     2 14
     2 15
     2 16                               
     2 17 DAVE MULDER
     2 18
     2 19
     2 20                               
     2 21 MARY A. LUNDBY
     2 22
     2 23
     2 24                               
     2 25 HERMAN C. QUIRMBACH
     2 26
     2 27
     2 28                               
     2 29 THOMAS RIELLY
     2 30
     2 31
     2 32                               
     2 33 BRIAN SCHOENJAHN
     2 34
     2 35
     2 36                               
     2 37 DOUG SHULL
     2 38
     2 39
     2 40                               
     2 41 BRAD ZAUN
     2 42 HF 2282.702 81
     2 43 sc/gg/3672

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