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