House File 2340

PAG LIN

  1  1                                             HOUSE FILE 2340
  1  2
  1  3                             AN ACT
  1  4 RELATING TO THE TEMPORARY ABSENCE OF AN ELECTED LOCAL
  1  5    GOVERNMENT OFFICIAL ON ACTIVE MILITARY DUTY AND THE
  1  6    APPOINTMENT OF A TEMPORARY REPLACEMENT AND PROVIDING AN
  1  7    EFFECTIVE DATE.
  1  8
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10
  1 11    Section 1.  NEW SECTION.  69.20  TEMPORARY VACANCY DUE TO
  1 12 MILITARY SERVICE.
  1 13    1.  A temporary vacancy in an elective office of a
  1 14 political subdivision, community college, and hospital board
  1 15 of trustees of this state occurs on the date when the person
  1 16 filling that office is placed on active state service or
  1 17 federal service, as those terms are defined in section 29A.1,
  1 18 and when such a person will not be able to attend to the
  1 19 duties of that person's elective position for a period greater
  1 20 than sixty consecutive days.  The temporary vacancy terminates
  1 21 on the date when such person is released from such service, or
  1 22 the term of office expires.
  1 23    2.  A temporary vacancy on an elective board, council, or
  1 24 other multimember body of a political subdivision may be
  1 25 filled by appointment by a majority of the remaining members
  1 26 of the body.  A temporary vacancy in any other elective office
  1 27 in a political subdivision, community college, or hospital
  1 28 board of trustees may be filled by the governing body of that
  1 29 political subdivision, community college, or hospital board of
  1 30 trustees.
  1 31    3.  Upon the termination of a temporary vacancy due to a
  1 32 person's release from active state service or federal service,
  1 33 the person who held the elective office just prior to the
  1 34 temporary vacancy shall immediately be deemed to have been
  1 35 reinstated to that position and the person who filled the
  2  1 temporary vacancy shall immediately be deemed to have been
  2  2 removed from that office.
  2  3    4.  A person filling a temporary vacancy or a person
  2  4 reinstated to office as described in this section shall
  2  5 qualify for that office as provided in chapter 63.
  2  6    5.  Upon the resignation or death of the person replaced
  2  7 under this section, a permanent vacancy occurs and shall be
  2  8 filled as otherwise provided by law.
  2  9    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  2 10 immediate importance, takes effect upon enactment.
  2 11
  2 12
  2 13                                                             
  2 14                               CHRISTOPHER C. RANTS
  2 15                               Speaker of the House
  2 16
  2 17
  2 18                                                             
  2 19                               JEFFREY M. LAMBERTI
  2 20                               President of the Senate
  2 21
  2 22    I hereby certify that this bill originated in the House and
  2 23 is known as House File 2340, Eightieth General Assembly.
  2 24
  2 25
  2 26                                                             
  2 27                               MARGARET THOMSON
  2 28                               Chief Clerk of the House
  2 29 Approved                , 2004
  2 30
  2 31
  2 32                            
  2 33 THOMAS J. VILSACK
  2 34 Governor