Senate File 2281

                                       SENATE FILE       
                                       BY  COMMITTEE ON LOCAL
                                           GOVERNMENT

                                       (SUCCESSOR TO SSB 3043)


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

                                      A BILL FOR

  1 An Act relating to the temporary absence of an elected local
  2    government official on active military duty and the
  3    appointment of a temporary replacement and providing an
  4    effective date.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 5938SV 80
  7 jr/pj/5

PAG LIN

  1  1    Section 1.  NEW SECTION.  69.20  TEMPORARY VACANCY DUE TO
  1  2 MILITARY SERVICE.
  1  3    1.  A temporary vacancy in an elective office of a
  1  4 political subdivision, community college, and hospital board
  1  5 of trustees of this state occurs on the date when the person
  1  6 filling that office is placed on active state service or
  1  7 federal service, as those terms are defined in section 29A.1,
  1  8 and when such a person will not be able to attend to the
  1  9 duties of that person's elective position for a period greater
  1 10 than sixty consecutive days.  The temporary vacancy terminates
  1 11 on the date when such person is released from such service, or
  1 12 the term of office expires.
  1 13    2.  A temporary vacancy on an elective board, council, or
  1 14 other multimember body of a political subdivision may be
  1 15 filled by appointment by a majority of the remaining members
  1 16 of the body.  A temporary vacancy in any other elective office
  1 17 in a political subdivision, community college, or hospital
  1 18 board of trustees may be filled by the governing body of that
  1 19 political subdivision, community college, or hospital board of
  1 20 trustees.
  1 21    3.  Upon the termination of a temporary vacancy due to a
  1 22 person's release from active state service or federal service,
  1 23 the person who held the elective office just prior to the
  1 24 temporary vacancy shall immediately be deemed to have been
  1 25 reinstated to that position and the person who filled the
  1 26 temporary vacancy shall immediately be deemed to have been
  1 27 removed from that office.
  1 28    4.  A person filling a temporary vacancy or a person
  1 29 reinstated to office as described in this section shall
  1 30 qualify for that office as provided in chapter 63.
  1 31    5.  Upon the resignation or death of the person replaced
  1 32 under this section, a permanent vacancy occurs and shall be
  1 33 filled as otherwise provided by law.
  1 34    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  1 35 immediate importance, takes effect upon enactment.
  2  1                           EXPLANATION
  2  2    This bill provides for the temporary appointment of an
  2  3 otherwise elected official of a local governmental body when
  2  4 the current officeholder is called to active military duty for
  2  5 a period longer than 60 consecutive days.  A temporary vacancy
  2  6 on an elective board, council, or other multimember body shall
  2  7 be filled by appointment by a majority of the remaining
  2  8 members.  A temporary vacancy in any other elective office of
  2  9 a political subdivision community college, or hospital board
  2 10 of trustees is filled by the governing body of that political
  2 11 subdivision, community college, or hospital board.  A
  2 12 temporary vacancy expires immediately upon the return of the
  2 13 person initially filling that office.
  2 14    The bill taken effect upon enactment.
  2 15 LSB 5938SV 80
  2 16 jr/pj/5