House File 177 - Introduced
HOUSE FILE
BY MURPHY
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the length of term for legislative
2 appointments to appointed boards and commissions and providing
3 an effective and applicability date.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1561HH 81
6 ec/cf/24
PAG LIN
1 1 Section 1. Section 8A.204, subsection 1, paragraph a,
1 2 subparagraph (5), Code 2005, is amended to read as follows:
1 3 (5) Four members of the general assembly with not more
1 4 than one member from each house being from the same political
1 5 party. The two senators shall be designated by the president
1 6 of the senate after consultation with the majority and
1 7 minority leaders of the senate. The two representatives shall
1 8 be designated by the speaker of the house of representatives
1 9 after consultation with the majority and minority leaders of
1 10 the house of representatives. Legislative members shall serve
1 11 in an ex officio, nonvoting capacity for a term as provided in
1 12 section 69.16B. A legislative member is eligible for per diem
1 13 and expenses as provided in section 2.10.
1 14 Sec. 2. Section 8A.204, subsection 1, paragraph b, Code
1 15 2005, is amended to read as follows:
1 16 b. The members appointed pursuant to paragraph "a",
1 17 subparagraphs (1) through (4), shall serve four=year staggered
1 18 terms and such. All appointments to the information
1 19 technology council are subject to the requirements of sections
1 20 69.16, 69.16A, and 69.19. The four=year terms of members
1 21 appointed by the governor shall be staggered as designated by
1 22 the governor. Members appointed by the governor are subject
1 23 to senate confirmation and may also be eligible to receive
1 24 compensation as provided in section 7E.6. Members shall be
1 25 reimbursed for actual and necessary expenses incurred in
1 26 performance of the members' duties.
1 27 Sec. 3. Section 16A.3, subsection 2, Code 2005, is amended
1 28 to read as follows:
1 29 2. The members of the authority appointed pursuant to
1 30 subsection 1 shall serve terms of three years, except that, of
1 31 first appointments, one member shall be appointed for a term
1 32 of one year and two members shall be appointed for terms of
1 33 two years as provided in section 69.16B. A person appointed
1 34 to fill a vacancy shall serve only for the unexpired portion
1 35 of the term. A member is eligible for reappointment. A
2 1 member of the authority appointed pursuant to subsection 1 may
2 2 be removed from office by the committee for misfeasance,
2 3 malfeasance, willful neglect of duty, or other just cause
2 4 after notice and hearing, unless the notice and hearing is
2 5 expressly waived in writing. A member of the authority
2 6 appointed pursuant to subsection 1 may also serve as a member
2 7 of the Iowa family farm development authority.
2 8 Sec. 4. Section 17A.8, subsection 2, Code 2005, is amended
2 9 to read as follows:
2 10 2. A committee member shall be appointed prior to the
2 11 adjournment convening of a the first regular session convened
2 12 in an odd=numbered year of each general assembly. The term of
2 13 office shall be for four years as provided in section 69.16B
2 14 beginning May 1 of the year of appointment upon the convening
2 15 of the first regular session of each general assembly.
2 16 However, a member shall serve until a successor is appointed.
2 17 A vacancy on the committee shall be filled by the original
2 18 appointing authority for the remainder of the term. A vacancy
2 19 shall exist whenever a committee member ceases to be a member
2 20 of the house from which the member was appointed.
2 21 Sec. 5. Section 18A.2, subsections 2 and 3, Code 2005, are
2 22 amended to read as follows:
2 23 2. The legislative members of the commission shall be
2 24 appointed to four=year terms of office, two of which shall
2 25 expire every two years as provided in section 69.16B, unless
2 26 sooner terminated by a commission member ceasing to be a
2 27 member of the general assembly. Vacancies shall be filled by
2 28 appointment of the speaker of the house or the president of
2 29 the senate, after consultation with the majority leader and
2 30 the minority leader of the senate, as the case may be, for the
2 31 unexpired term of their predecessors.
2 32 3. The term of office of each appointive voting member of
2 33 the commission shall begin on the first of May of the odd=
2 34 numbered year in which the member is appointed.
2 35 Sec. 6. NEW SECTION. 69.16B LEGISLATIVE APPOINTMENTS TO
3 1 BOARDS AND COMMISSIONS == TERMS.
3 2 Unless otherwise specifically provided by law, appointments
3 3 to statutory boards and commissions by a member or members of
3 4 the legislature shall be for two=year terms which shall expire
3 5 upon the convening of the following general assembly, or when
3 6 their successors are appointed, whichever occurs first.
3 7 Sec. 7. Section 80B.6, unnumbered paragraph 2, Code 2005,
3 8 is amended to read as follows:
3 9 One senator appointed by the president of the senate after
3 10 consultation with the majority leader and the minority leader
3 11 of the senate and one representative appointed by the speaker
3 12 of the house are also ex officio, nonvoting members of the
3 13 council who shall serve a term as provided in section 69.16B.
3 14 Sec. 8. Section 216A.53, Code 2005, is amended to read as
3 15 follows:
3 16 216A.53 TERM OF OFFICE.
3 17 Four of the members appointed to the initial commission
3 18 shall be designated by the governor to serve two=year terms,
3 19 and five shall be designated by the governor to serve four=
3 20 year terms. The legislative members of the commission shall
3 21 be appointed to four=year terms of office, two of which shall
3 22 expire every two years as provided in section 69.16B, unless
3 23 sooner terminated by a commission member ceasing to be a
3 24 member of the general assembly. Succeeding appointments of
3 25 voting members shall be for a term of four years. Vacancies
3 26 in the membership shall be filled for the unexpired term in
3 27 the same manner as the original appointment.
3 28 Sec. 9. Section 216A.132, unnumbered paragraph 3, Code
3 29 2005, is amended to read as follows:
3 30 The chief justice of the supreme court shall appoint two
3 31 additional members currently serving as district judges. Two
3 32 members of the senate and two members of the house of
3 33 representatives shall be ex officio members and shall be
3 34 appointed by the majority and minority leaders of the senate
3 35 and the speaker and minority leader of the house of
4 1 representatives pursuant to section 69.16 and shall serve
4 2 terms as provided in section 69.16B. Members Nonlegislative
4 3 members appointed pursuant to this paragraph shall serve for
4 4 four=year terms beginning and ending as provided in section
4 5 69.19 unless the member ceases to serve as a district court
4 6 judge or as a member of the senate or of the house of
4 7 representatives.
4 8 Sec. 10. Section 225C.5, subsection 1, paragraph j, Code
4 9 2005, is amended to read as follows:
4 10 j. In addition to the voting members, the membership shall
4 11 include four members of the general assembly with one member
4 12 designated by each of the following: the majority leader of
4 13 the senate, the minority leader of the senate, the speaker of
4 14 the house of representatives, and the minority leader of the
4 15 house of representatives. A legislative member serves for a
4 16 term as provided in section 69.16B in an ex officio, nonvoting
4 17 capacity and is eligible for per diem and expenses as provided
4 18 in section 2.10.
4 19 Sec. 11. Section 225C.48, subsection 1, Code 2005, is
4 20 amended to read as follows:
4 21 1. An eleven=member personal assistance and family support
4 22 services council is created in the department. The members of
4 23 the council shall be appointed by the following officials as
4 24 follows: governor, five members; majority leader of the
4 25 senate, three members; and speaker of the house, three
4 26 members. At least three of the governor's appointments and
4 27 one of each legislative chamber's appointments shall be a
4 28 family member of an individual with a disability as defined in
4 29 section 225C.47. At least five of the members shall be
4 30 consumers of personal services. Members appointed by the
4 31 governor shall serve for three=year staggered terms while
4 32 members appointed by the majority leader of the senate and the
4 33 speaker of the house shall serve terms as provided in section
4 34 69.16B. A vacancy on the council shall be filled in the same
4 35 manner as the original appointment. The members of the
5 1 council shall be entitled to reimbursement of actual and
5 2 necessary expenses incurred in the performance of their
5 3 official duties. The council shall elect officers from among
5 4 the council's members.
5 5 Sec. 12. Section 231.12, Code 2005, is amended to read as
5 6 follows:
5 7 231.12 TERMS.
5 8 All members of the commission appointed by the governor
5 9 shall be appointed for terms of four years, with staggered
5 10 expiration dates. The terms of office of members appointed by
5 11 the governor shall commence and end as provided by section
5 12 69.19. Members of the commission appointed by the president
5 13 of the senate and the speaker of the house of representatives
5 14 shall serve terms of office as provided in section 69.16B. A
5 15 vacancy on the commission shall be filled for the unexpired
5 16 term of the vacancy in the same manner as the original
5 17 appointment was made. If a legislative member ceases to be a
5 18 member of the general assembly the legislative member may
5 19 continue to serve until a successor is appointed.
5 20 Sec. 13. Section 252B.18, subsection 1, paragraph b, Code
5 21 2005, is amended to read as follows:
5 22 b. The legislative members of the committee shall be
5 23 appointed by the majority leader of the senate, after
5 24 consultation with the president of the senate, and the
5 25 minority leader of the senate, and by the speaker of the
5 26 house, after consultation with the majority leader and the
5 27 minority leader of the house of representatives and shall
5 28 serve terms as provided in section 69.16B. Members
5 29 Nonlegislative members shall serve staggered terms of two
5 30 years. Appointments shall comply with sections 69.16 and
5 31 69.16A. Vacancies shall be filled by the original appointing
5 32 authority and in the manner of the original appointments.
5 33 Sec. 14. Section 256.32, subsection 4, Code 2005, is
5 34 amended to read as follows:
5 35 4. The term of membership is three years. The terms shall
6 1 be staggered so that three of the terms end each year, but no
6 2 member serving on the initial council shall serve less than
6 3 one year. The governor shall determine the length of the
6 4 initial terms of office. However, the terms of office for
6 5 members of the general assembly shall be as provided in
6 6 section 69.16B.
6 7 Sec. 15. Section 261.1, subsections 3 and 4, Code 2005,
6 8 are amended to read as follows:
6 9 3. A member of the senate to be appointed by the president
6 10 of the senate, after consultation with the majority leader and
6 11 the minority leader of the senate, to serve as an ex officio
6 12 nonvoting member for a term of four years beginning on July 1
6 13 of the year of appointment as provided in section 69.16B.
6 14 4. A member of the house of representatives to be
6 15 appointed by the speaker of the house to serve as an ex
6 16 officio nonvoting member for a term of four years beginning on
6 17 July 1 of the year of appointment as provided in section
6 18 69.16B.
6 19 Sec. 16. Section 272B.2, Code 2005, is amended to read as
6 20 follows:
6 21 272B.2 EDUCATION COMMISSION OF THE STATES.
6 22 Article III, paragraph 1, of the compact notwithstanding,
6 23 the members of the education commission of the states
6 24 representing this state consist of the governor, two
6 25 nonlegislative members appointed by the governor, two members
6 26 of the senate appointed by the majority leader of the senate,
6 27 and two members of the house of representatives appointed by
6 28 the speaker of the house of representatives. The
6 29 Nonlegislative members shall serve four=year terms and
6 30 legislative members shall serve terms as provided in section
6 31 69.16B. Nonlegislative members shall serve on the education
6 32 commission of the states without compensation, but shall
6 33 receive their actual and necessary expenses and travel.
6 34 Legislative members shall receive actual and necessary
6 35 expenses and travel pursuant to sections 2.10 and 2.12.
7 1 Vacancies on the commission shall be filled for the unexpired
7 2 portion of the term in the same manner as the original
7 3 appointments. If a member ceases to be a member of the
7 4 general assembly, the member shall no longer serve as a member
7 5 of the education commission of the states.
7 6 Sec. 17. Section 602.1514, subsection 2, Code 2005, is
7 7 amended to read as follows:
7 8 2. Members of the commission appointed by the governor
7 9 shall serve for a term of office of four years, and for the
7 10 initial commission, two members determined by lot shall be
7 11 appointed by each appointing authority to a term of two years.
7 12 Thereafter, all members appointed by the governor shall be
7 13 appointed to four=year terms. Members appointed by the
7 14 legislative council shall serve terms as provided in section
7 15 69.16B. Vacancies on the commission shall be filled for the
7 16 unexpired term in the same manner as the original appointment.
7 17 Sec. 18. EFFECTIVE AND APPLICABILITY DATE. This Act takes
7 18 effect January 1, 2007, and is applicable to appointments or
7 19 reappointments made on or after that date.
7 20 EXPLANATION
7 21 This bill provides that, unless otherwise provided by law,
7 22 appointments of members to statutory boards and commissions by
7 23 a member or members of the legislature shall be for two=year
7 24 terms which shall expire upon the convening of the following
7 25 general assembly, or when their successors are appointed,
7 26 whichever first occurs.
7 27 The following boards and commissions which provide for
7 28 terms of office for legislative appointments longer than two
7 29 years or for staggered two=year terms are made subject to the
7 30 two=year term provided by this bill: information technology
7 31 council, Iowa economic protective and investment authority,
7 32 administrative rules review committee, capitol planning
7 33 commission, Iowa law enforcement academy council, commission
7 34 on the status of women, criminal and juvenile justice planning
7 35 advisory council, mental health, mental retardation,
8 1 developmental disabilities, and brain injury commission,
8 2 personal assistance and family support services council,
8 3 commission of elder affairs, child support advisory committee,
8 4 advisory council for agricultural education, college student
8 5 aid commission, education commission of the states, and
8 6 judicial compensation commission.
8 7 The bill takes effect January 1, 2007, and applies to
8 8 legislative appointments or reappointments made on or after
8 9 that date.
8 10 LSB 1561HH 81
8 11 ec:nh/cf/24