House File 2217
HOUSE FILE
BY GRANZOW
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act allowing counties to share the services of certain
2 elective county officers.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5782HH 80
5 sc/sh/8
PAG LIN
1 1 Section 1. Section 39.27, Code 2003, is amended to read as
1 2 follows:
1 3 39.27 QUALIFICATIONS FOR PUBLIC OFFICE.
1 4 Any person elected to an office under the laws of this
1 5 state shall be an eligible elector. At the time an elected
1 6 official takes office the official shall be a resident of the
1 7 state, district, county, township, city, or ward by or for
1 8 which the person was elected, or in which the duties of the
1 9 office are to be exercised. An elected official shall
1 10 continue to be a resident of the state, district, county,
1 11 township, city, or ward by or for which the person was
1 12 elected, or in which the duties of the office are to be
1 13 exercised for the duration of the term of office. If the
1 14 official is elected to fill a multicounty office pursuant to
1 15 section 331.323A, the official must be a resident of one of
1 16 the counties which is a party to the agreement provided for in
1 17 that section. This section shall not apply to United States
1 18 senators or representatives in Congress or to members of the
1 19 general assembly.
1 20 Sec. 2. Section 69.14A, subsection 2, unnumbered paragraph
1 21 1, Code 2003, is amended to read as follows:
1 22 A vacancy in any of the offices listed in section 39.17
1 23 shall be filled by one of the two following procedures:
1 24 Sec. 3. Section 69.14A, subsection 2, Code 2003, is
1 25 amended by adding the following new paragraph:
1 26 NEW PARAGRAPH. c. By appointment by the board of
1 27 supervisors of a county officer in another county. The
1 28 appointment shall be made by agreement of the boards of
1 29 supervisors of the counties, pursuant to chapter 28E, and the
1 30 appointment shall be of the officer holding the equivalent
1 31 office to that which is vacant. The appointment shall be for
1 32 the period until the next pending election as defined in
1 33 section 69.12, and shall be made within forty days after the
1 34 vacancy occurs. However, if the agreement provides for a
1 35 multicounty office beyond the date of the next pending
2 1 election, the office shall be filled as provided in section
2 2 331.323A. If the board of supervisors chooses to proceed
2 3 under this paragraph, the board shall publish notice in the
2 4 manner prescribed by section 331.305 stating that the board
2 5 intends to fill the vacancy by appointment of a county officer
2 6 in another county. The board may publish notice in advance if
2 7 an elected official submits a resignation to take effect at a
2 8 future date. The board may make an appointment to fill the
2 9 vacancy after the notice is published or after the vacancy
2 10 occurs, whichever is later.
2 11 Sec. 4. Section 331.323, subsection 2, paragraph e, Code
2 12 2003, is amended by striking the paragraph.
2 13 Sec. 5. NEW SECTION. 331.323A POWERS RELATING TO COUNTY
2 14 OFFICERS == MULTICOUNTY OFFICE.
2 15 1. The boards of supervisors of two or more counties may
2 16 agree, pursuant to chapter 28E, to share the services of the
2 17 following county officers:
2 18 a. Auditor.
2 19 b. Treasurer.
2 20 c. Recorder.
2 21 d. Sheriff.
2 22 e. County attorney.
2 23 2. If the boards of supervisors of two or more counties
2 24 agree to share the services of a county officer pursuant to
2 25 subsection 1, the officer shall be elected by a majority of
2 26 the votes cast for that office in all of the counties which
2 27 the county officer will serve as provided in the agreement.
2 28 The election shall be conducted in accordance with section
2 29 47.2, subsection 2. The county officer elected pursuant to
2 30 this section must be a resident of one of the counties that is
2 31 a party to the agreement.
2 32 3. The effective date of the agreement shall be January 1
2 33 of the year following the next general election at which the
2 34 county officer who is the subject of the agreement is elected
2 35 as provided by this section and section 39.17.
3 1 4. The initial salary for the shared officer shall be set
3 2 in the agreement. Thereafter, for the duration of the
3 3 agreement, the salary shall be determined jointly by the
3 4 compensation boards of the counties that are parties to the
3 5 agreement pursuant to section 331.907.
3 6 Sec. 6. Sections 331.661 and 331.753, Code 2003, are
3 7 repealed.
3 8 EXPLANATION
3 9 This bill allows two or more counties to enter into a Code
3 10 chapter 28E agreement to share the services of a county
3 11 auditor, treasurer, recorder, sheriff, or county attorney.
3 12 The bill also provides that if there is a vacancy in the
3 13 office of county auditor, treasurer, recorder, sheriff, or
3 14 county attorney, the board of supervisors may fill the vacancy
3 15 by appointing the officer of the equivalent office in another
3 16 county. To make the appointment, the counties must enter into
3 17 a 28E agreement to share services. The 28E agreement may
3 18 provide for sharing the services of the county officer for a
3 19 longer period of time than the duration of the vacant term.
3 20 The bill repeals the sections of the Code which currently
3 21 allow for a multicounty sheriff and a multicounty attorney.
3 22 LSB 5782HH 80
3 23 sc/sh/8