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