House File 514
HOUSE FILE
BY T. TAYLOR
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the election and appointment of commissioners
2 of memorial buildings and monuments and providing
3 applicability dates.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1289HH 80
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PAG LIN
1 1 Section 1. Section 37.10, Code 2003, is amended to read as
1 2 follows:
1 3 37.10 QUALIFICATION == APPOINTMENT.
1 4 1. Each commissioner, except for a memorial hospital
1 5 commissioner, shall be a veteran, as defined in section 35.1,
1 6 and be a resident of the county in which the memorial hall or
1 7 monument is located. Each commissioner for a memorial
1 8 hospital shall be a resident of the county in which the
1 9 memorial hospital is located.
1 10 2. Each memorial hospital commission member shall be
1 11 appointed by the mayor with approval of the council or by the
1 12 chairperson of the county board of supervisors in the case of
1 13 a county or joint memorial building or monument hospital.
1 14 3. Each commissioner, other than a memorial hospital
1 15 commissioner, shall be elected for appointment by a convention
1 16 of veterans residing in the city or county and appointed by
1 17 resolution of the city council or board of supervisors, as
1 18 applicable.
1 19 a. Within sixty days after the proposition to erect a
1 20 memorial building or monument other than a memorial hospital
1 21 is approved by the electorate as provided in this chapter,
1 22 each post of the sons of union veterans of the Civil War, the
1 23 American legion, the disabled American veterans of the world
1 24 war, the veterans of foreign wars of the United States, the
1 25 marine corps league, the American veterans of World War II,
1 26 and the Vietnam veterans of America in the city or county
1 27 shall appoint three of each post's members as delegates who
1 28 shall meet in convention in the city or county and elect for
1 29 appointment by ballot, five, seven, or the number of
1 30 commissioners as determined in section 37.9.
1 31 b. After the initial commissioners are elected for
1 32 appointment and appointed, the regular convention of veterans
1 33 shall convene annually during the month of April and elect for
1 34 appointment by ballot one or more nominees as required to
1 35 succeed the commissioners whose terms expire during the
2 1 succeeding month of July. If a vacancy occurs, the convention
2 2 shall be called to a special convention as provided in
2 3 paragraph "c" to fill the vacancy.
2 4 c. A regular or special convention of veterans shall be
2 5 called by the chairperson of the applicable commission by
2 6 notice sent to the post address by ordinary mail at least
2 7 thirty days before the convention is to convene. The regular
2 8 or special convention delegates shall meet at the date, place,
2 9 and time specified in the notice, organize by selecting a
2 10 chairperson and other officers as needed, and elect for
2 11 appointment by ballot the number of prospective appointees
2 12 required to fill the expiring terms of office or a vacancy.
2 13 The names of the persons elected for appointment as
2 14 commissioners shall be sent to the city council or board of
2 15 supervisors and the city council or board of supervisors shall
2 16 appoint by resolution the persons elected for appointment as
2 17 commissioners.
2 18 d. If a post of a veterans organization specified in
2 19 paragraph "a" does not exist in a city or county or fails to
2 20 send delegates to a convention, the delegates of the posts who
2 21 attend the convention shall proceed to elect the required
2 22 number of persons to be appointed as commissioners.
2 23 e. If a convention of delegates does not meet pursuant to
2 24 the notice or fails to submit the required number of persons
2 25 elected for appointment as commissioners within seven days
2 26 after the date specified for convening of the convention, the
2 27 city council or the board of supervisors may select and
2 28 appoint qualified persons to serve as commissioners.
2 29 Sec. 2. APPLICABILITY DATES. This Act applies to
2 30 vacancies in the office of commissioner of a memorial building
2 31 or monument occurring on or after July 1, 2003, and to terms
2 32 of office of commissioners of memorial buildings or monuments
2 33 expiring on or after January 1, 2004. However, this Act does
2 34 not apply to the office of commissioner of a memorial
2 35 hospital.
3 1 EXPLANATION
3 2 This bill provides that the office of commissioner of a
3 3 memorial building or monument, except a memorial hospital
3 4 commissioner, shall be filled by elections of veterans from a
3 5 convention of delegates of recognized military veterans
3 6 organizations and appointments by resolution of the city
3 7 council if the memorial building or monument is a city project
3 8 or by the board of supervisors if the memorial building or
3 9 monument is a county project. Each post of a recognized
3 10 military veterans organization in a city or county, as
3 11 applicable, may send three members of each post as delegates
3 12 to a convention to elect by ballot the required number of
3 13 persons to be appointed commissioners for a three=year term.
3 14 If a veterans post does not exist in a city or county or fails
3 15 to send its delegates, the delegates who attend the convention
3 16 shall proceed to elect the required number of persons for
3 17 appointment as commissioners. If a convention does not send
3 18 the names of the persons elected for appointment as
3 19 commissioners to the city council or board of supervisors
3 20 within seven days after it convenes, the city council or board
3 21 of supervisors may select and appoint the required number of
3 22 commissioners.
3 23 LSB 1289HH 80
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