House File 2160

                                       HOUSE FILE       
                                       BY  MASCHER


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to filling a vacancy in the office of county
  2    attorney.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6210YH 80
  5 jm/sh/8

PAG LIN

  1  1    Section 1.  Section 69.14A, subsection 2, paragraph a,
  1  2 unnumbered paragraph 1, Code 2003, is amended to read as
  1  3 follows:
  1  4    By appointment by the board of supervisors.  The
  1  5 appointment shall be for the period until the next pending
  1  6 election as defined in section 69.12, and shall be made within
  1  7 forty days after the vacancy occurs.  If the board of
  1  8 supervisors chooses to proceed under this paragraph, the board
  1  9 shall publish notice in the manner prescribed by section
  1 10 331.305 stating that the board intends to fill the vacancy by
  1 11 appointment but that the electors of the county have the right
  1 12 to file a petition requiring that the vacancy be filled by
  1 13 special election.  The board may publish notice in advance if
  1 14 an elected official submits a resignation to take effect at a
  1 15 future date.  The board may make an appointment to fill the
  1 16 vacancy after the notice is published or after the vacancy
  1 17 occurs, whichever is later.  A person appointed to an office
  1 18 under this subsection, except for a county attorney, shall
  1 19 have actually resided in the county which the appointee
  1 20 represents sixty days prior to appointment.  A person
  1 21 appointed to the office of county attorney shall be a resident
  1 22 of the county at the time of appointment.
  1 23                           EXPLANATION
  1 24    This bill relates to filling the office of county attorney
  1 25 by appointment.
  1 26    The bill provides that if the county attorney position
  1 27 becomes vacant and the board of supervisors chooses to fill
  1 28 the vacancy by appointment pending the next election, the
  1 29 appointed attorney must be a resident of the county at the
  1 30 time of appointment.  Current law provides that the appointed
  1 31 attorney must be a resident of the county 60 days prior to
  1 32 appointment.
  1 33 LSB 6210YH 80
  1 34 jm/sh/8
  1 35