House File 2178 - Introduced
HOUSE FILE
BY JACOBS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to duties of the secretary of state, by providing
2 for transfer of the professional licensing and regulation
3 division of the department of commerce to the secretary of
4 state's office, and for transfer of duties relating to conduct
5 of elections and voter registration from the office of
6 secretary of state to the Iowa ethics and campaign disclosure
7 board, and providing an effective date.
8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
9 TLSB 5053YH 81
10 rn/gg/14
PAG LIN
1 1 DIVISION I
1 2 TRANSFER OF PROFESSIONAL LICENSING
1 3 AND REGULATION DIVISION
1 4 Section 1. Section 9.1, Code 2005, is amended to read as
1 5 follows:
1 6 9.1 DUTIES == RECORDS.
1 7 The secretary of state shall keep the secretary of state's
1 8 office at the seat of government, and perform all duties
1 9 required by law; the secretary shall have charge of and keep
1 10 all the Acts and resolutions of the territorial legislature
1 11 and of the general assembly of the state, the enrolled copies
1 12 of the Constitutions of the state, and all bonds, books,
1 13 records, maps, registers, and papers which are now or may
1 14 hereafter be deposited to be kept in the secretary of state's
1 15 office, including all books, records, papers, and property
1 16 pertaining to the state land office. The secretary shall
1 17 additionally oversee the administration of the professional
1 18 licensing and regulation division of the secretary of state's
1 19 office.
1 20 Sec. 2. NEW SECTION. 9.8 PROFESSIONAL LICENSING AND
1 21 REGULATION DIVISION == SUPERINTENDENT OF SAVINGS AND LOAN
1 22 ASSOCIATIONS.
1 23 1. A professional licensing and regulation division is
1 24 established within the secretary of state's office. The
1 25 division shall administer and coordinate the licensing and
1 26 regulation of several professions by bringing together the
1 27 following licensing boards:
1 28 a. The Iowa accountancy examining board created pursuant
1 29 to chapter 542.
1 30 b. The engineering and land surveying examining board
1 31 created pursuant to chapter 542B.
1 32 c. The real estate commission created pursuant to chapter
1 33 543B.
1 34 d. The real estate appraiser examining board created
1 35 pursuant to chapter 543D.
2 1 e. The architectural examining board created pursuant to
2 2 chapter 544A.
2 3 f. The landscape architectural examining board created
2 4 pursuant to chapter 544B.
2 5 g. The interior design examining board created pursuant to
2 6 chapter 544C.
2 7 2. The division is headed by the administrator of
2 8 professional licensing and regulation, who shall be an
2 9 employee of the secretary of state. The administrator shall
2 10 report to the secretary of state, and shall hire and supervise
2 11 staff and shall coordinate activities for the licensing boards
2 12 within the division. The administrator may act as a staff
2 13 person to one or more of the licensing boards.
2 14 3. The licensing boards included in the division pursuant
2 15 to subsection 1 retain the powers granted them pursuant to the
2 16 chapters in which they are created, except for budgetary and
2 17 personnel matters, which shall be handled by the
2 18 administrator. Each licensing board shall adopt rules
2 19 pursuant to chapter 17A. Decisions by a licensing board are
2 20 final agency actions for purposes of chapter 17A.
2 21 Notwithstanding subsection 5, eighty=five percent of the
2 22 funds received annually resulting from an increase in
2 23 licensing fees implemented on or after April 1, 2002, by a
2 24 licensing board or commission listed in subsection 1, is
2 25 appropriated to the professional licensing and regulation
2 26 division to be allocated to the board or commission for each
2 27 fiscal year, for purposes related to the duties of the board
2 28 or commission, including but not limited to additional full=
2 29 time equivalent positions. The director of revenue and
2 30 finance shall draw warrants upon the treasurer of state from
2 31 the funds appropriated as provided in this subsection and
2 32 shall make the funds available to the professional licensing
2 33 and regulation division on a monthly basis during each fiscal
2 34 year.
2 35 4. The professional licensing and regulation division of
3 1 the secretary of state's office may expend additional funds,
3 2 including funds for additional personnel, if those additional
3 3 expenditures are directly the cause of actual examination
3 4 expenses exceeding funds budgeted for examinations.
3 5 5. Fees collected under chapters 542, 542B, 543B, 543D,
3 6 544A, 544B, and 544C shall be paid to the treasurer of state
3 7 and credited to the general fund of the state. All expenses
3 8 required in the discharge of the duties and responsibilities
3 9 imposed upon the professional licensing and regulation
3 10 division of the secretary of state's office, the
3 11 administrator, and the licensing boards by the laws of this
3 12 state shall be paid from moneys appropriated by the general
3 13 assembly for those purposes. All fees deposited into the
3 14 general fund of the state, as provided in this subsection,
3 15 shall be subject to the requirements of section 8.60.
3 16 6. The administrator of professional licensing and
3 17 regulation is the superintendent of savings and loan
3 18 associations. The administrator may appoint an individual to
3 19 act as the superintendent who shall serve as the
3 20 superintendent at the pleasure of the administrator.
3 21 7. All licensing boards in the division may refuse to
3 22 grant or renew a license to practice a profession to any
3 23 person otherwise qualified upon any of the grounds for which a
3 24 license may be revoked or suspended.
3 25 8. All licensing boards in the division may suspend,
3 26 revoke, or otherwise discipline a licensee, or refuse to renew
3 27 a license, based on the revocation or suspension of, or other
3 28 disciplinary action against a professional license by a
3 29 licensing authority in this or another state, the United
3 30 States, a territory, or other country. A certified copy of
3 31 the record or order of suspension, revocation, or other
3 32 disciplinary action is prima facie evidence of such fact.
3 33 9. Notwithstanding section 272C.3 or any other provision
3 34 of law, the maximum amount of a civil penalty imposed as a
3 35 disciplinary measure by licensing boards in the division may,
4 1 in the discretion of the board and taking into account the
4 2 severity of the violation, be increased from one thousand
4 3 dollars per occurrence to up to twenty=five thousand dollars
4 4 per occurrence.
4 5 10. Staff members in the division shall be employed
4 6 subject to the merit system provisions of chapter 19A.
4 7 Sec. 3. Section 534.401, subsection 1, Code 2005, is
4 8 amended to read as follows:
4 9 1. SUPERINTENDENT OF SAVINGS AND LOAN ASSOCIATIONS. The
4 10 superintendent of savings and loan associations is the
4 11 administrator of professional licensing and regulation
4 12 appointed pursuant to section 546.10 9.8, subsection 2, or an
4 13 individual appointed by the administrator as provided in
4 14 section 546.10 9.8, subsection 6.
4 15 Sec. 4. Section 542.4, subsections 1 and 6, Code 2005, are
4 16 amended to read as follows:
4 17 1. An Iowa accountancy examining board is created within
4 18 the professional licensing and regulation division of the
4 19 department of commerce secretary of state's office to
4 20 administer and enforce this chapter. The board shall consist
4 21 of eight members, appointed by the governor and subject to
4 22 senate confirmation, all of whom shall be residents of this
4 23 state. Five of the eight members shall be holders of
4 24 certificates issued under section 542.6, one member shall be
4 25 the holder of a license issued under section 542.8, and two
4 26 shall not be certified public accountants or licensed public
4 27 accountants and shall represent the general public. At least
4 28 three of the holders of certificates issued under section
4 29 542.6 shall also be qualified to supervise attest services as
4 30 provided in section 542.7. A certified or licensed member of
4 31 the board shall be actively engaged in practice as a certified
4 32 public accountant or as a licensed public accountant and shall
4 33 have been so engaged for five years preceding appointment, the
4 34 last two of which shall have been in this state. Professional
4 35 associations or societies composed of certified public
5 1 accountants or licensed public accountants may recommend the
5 2 names of potential board members to the governor. However,
5 3 the governor is not bound by the recommendations. A board
5 4 member is not required to be a member of any professional
5 5 association or society composed of certified public
5 6 accountants or licensed public accountants. The term of each
5 7 member of the board shall be three years, as designated by the
5 8 governor, and appointments to the board are subject to the
5 9 requirements of sections 69.16, 69.16A, and 69.19. Members of
5 10 the board appointed and serving pursuant to chapter 542C, Code
5 11 2001, on July 1, 2002, shall serve out the terms for which
5 12 they were appointed. Vacancies occurring during a term shall
5 13 be filled by appointment by the governor for the unexpired
5 14 term. Upon the expiration of the member's term of office, a
5 15 member shall continue to serve until a successor shall have
5 16 been appointed and taken office. The public members of the
5 17 board shall be allowed to participate in administrative,
5 18 clerical, or ministerial functions incident to giving the
5 19 examinations, but shall not determine the content or determine
5 20 the correctness of the answers. The licensed public
5 21 accountant member shall not determine the content of the
5 22 certified public accountant examination or determine the
5 23 correctness of the answers. Any member of the board whose
5 24 certificate under section 542.6 or license under section 542.8
5 25 is revoked or suspended shall automatically cease to be a
5 26 member of the board, and the governor may, after a hearing,
5 27 remove any member of the board for neglect of duty or other
5 28 just cause. A person who has served three successive complete
5 29 terms shall not be eligible for reappointment, but appointment
5 30 to fill an unexpired term shall not be considered a complete
5 31 term for this purpose.
5 32 6. The administrator of the professional licensing and
5 33 regulation division of the department of commerce secretary of
5 34 state's office shall provide staffing assistance to the board
5 35 for implementing this chapter.
6 1 Sec. 5. Section 542B.3, Code 2005, is amended to read as
6 2 follows:
6 3 542B.3 ENGINEERING AND LAND SURVEYING EXAMINING BOARD
6 4 CREATED.
6 5 An engineering and land surveying examining board is
6 6 created within the professional licensing and regulation
6 7 division of the department of commerce secretary of state's
6 8 office. The board consists of four members who are licensed
6 9 professional engineers, one member who is a licensed land
6 10 surveyor or a professional engineer who is also a licensed
6 11 land surveyor, and two members who are not licensed
6 12 professional engineers or land surveyors and who shall
6 13 represent the general public. Members shall be appointed by
6 14 the governor subject to confirmation by the senate. A
6 15 licensed member shall be actively engaged in the practice of
6 16 engineering or land surveying and shall have been so engaged
6 17 for five years preceding the appointment, the last two of
6 18 which shall have been in Iowa. Insofar as practicable,
6 19 licensed engineer members of the board shall be from different
6 20 branches of the profession of engineering. Professional
6 21 associations or societies composed of licensed engineers or
6 22 licensed land surveyors may recommend the names of potential
6 23 board members whose profession is representative of that
6 24 association or society to the governor. However, the governor
6 25 is not bound by the recommendations. A board member shall not
6 26 be required to be a member of any professional association or
6 27 society composed of professional engineers or land surveyors.
6 28 Sec. 6. Section 542B.9, Code 2005, is amended to read as
6 29 follows:
6 30 542B.9 ORGANIZATION OF THE BOARD == STAFF.
6 31 The board shall elect annually from its members a
6 32 chairperson and a vice chairperson. The administrator of the
6 33 professional licensing and regulation division of the
6 34 department of commerce secretary of state's office shall hire
6 35 and provide staff to assist the board in implementing this
7 1 chapter. The board shall hold at least one meeting at the
7 2 location of the board's principal office, and meetings shall
7 3 be called at other times by the administrator at the request
7 4 of the chairperson or four members of the board. At any
7 5 meeting of the board, a majority of members constitutes a
7 6 quorum.
7 7 Sec. 7. Section 542B.22, Code 2005, is amended to read as
7 8 follows:
7 9 542B.22 PROCEDURE.
7 10 Proceedings for any action under section 542B.21 shall be
7 11 begun by filing with the board written charges against the
7 12 accused. Upon the filing of charges the board may request the
7 13 department of inspections and appeals to conduct an
7 14 investigation into the charges. The department of inspections
7 15 and appeals shall report its findings to the board, and the
7 16 board shall charges, designate a time and place for a hearing,
7 17 and shall notify the accused of this action and furnish the
7 18 accused a copy of all charges at least thirty days prior to
7 19 the date of the hearing. The accused has the right to appear
7 20 personally or by counsel, to cross=examine witnesses, or to
7 21 produce witnesses in defense.
7 22 Sec. 8. Section 543B.8, Code Supplement 2005, is amended
7 23 to read as follows:
7 24 543B.8 REAL ESTATE COMMISSION CREATED == STAFF.
7 25 A real estate commission is created within the professional
7 26 licensing and regulation division of the department of
7 27 commerce secretary of state's office. The commission consists
7 28 of five members licensed under this chapter and two members
7 29 not licensed under this chapter and who shall represent the
7 30 general public. At least one of the licensed members shall be
7 31 a licensed real estate salesperson, except that if the
7 32 licensed real estate salesperson becomes a licensed real
7 33 estate broker during a term of office, that person may
7 34 complete the term, but is not eligible for reappointment on
7 35 the commission as a licensed real estate salesperson. A
8 1 licensed member shall be actively engaged in the real estate
8 2 business and shall have been so engaged for five years
8 3 preceding the appointment, the last two of which shall have
8 4 been in Iowa. Professional associations or societies of real
8 5 estate brokers or real estate salespersons may recommend the
8 6 names of potential commission members to the governor.
8 7 However, the governor is not bound by their recommendations.
8 8 A commission member shall not be required to be a member of
8 9 any professional association or society composed of real
8 10 estate brokers or salespersons. Commission members shall be
8 11 appointed by the governor subject to confirmation by the
8 12 senate. Appointments shall be for three=year terms and shall
8 13 commence and end as provided in section 69.19. A member shall
8 14 serve no more than three terms or nine years, whichever is
8 15 less. No more than one member shall be appointed from a
8 16 county. A commission member shall not hold any other elective
8 17 or appointive state or federal office. Vacancies shall be
8 18 filled for the unexpired term by appointment of the governor
8 19 and are subject to senate confirmation. A majority of the
8 20 commission members constitutes a quorum. The administrator of
8 21 the professional licensing and regulation division shall hire
8 22 and provide staff to assist the commission with implementing
8 23 this chapter.
8 24 The administrator of the professional licensing and
8 25 regulation division of the department of commerce secretary of
8 26 state's office shall hire a real estate education director to
8 27 assist the commission in administering education programs for
8 28 the commission.
8 29 Sec. 9. Section 543B.54, Code 2005, is amended to read as
8 30 follows:
8 31 543B.54 REAL ESTATE EDUCATION FUND.
8 32 The Iowa real estate education fund is created as a
8 33 financial assurance mechanism to assist in the establishment
8 34 and maintenance of a real estate education program at the
8 35 university of northern Iowa and to assist the real estate
9 1 commission in providing an education director. The fund is
9 2 created as a separate fund in the state treasury, and any
9 3 funds remaining in the fund at the end of each fiscal year
9 4 shall not revert to the general fund, but shall remain in the
9 5 Iowa real estate education fund. Twenty=five dollars per
9 6 license from fees deposited for each real estate salesperson's
9 7 license and each broker's license shall be distributed and are
9 8 appropriated to the board of regents for the purpose of
9 9 establishing and maintaining a real estate education program
9 10 at the university of northern Iowa. The remaining moneys in
9 11 the fund shall be distributed and are appropriated to the
9 12 professional licensing and regulation division of the
9 13 department of commerce secretary of state's office for the
9 14 purpose of hiring and compensating a real estate education
9 15 director and regulatory compliance personnel.
9 16 Sec. 10. Section 543C.4, subsections 1 and 2, Code 2005,
9 17 are amended to read as follows:
9 18 1. The commission may request the department of
9 19 inspections and appeals to conduct an investigation and
9 20 inspection to be made of any subdivided land proposed to be
9 21 offered for sale or lease in this state pursuant to this
9 22 chapter. The department of inspections and appeals commission
9 23 shall make a report of its findings.
9 24 2. If an inspection is to be made of subdivided land
9 25 situated outside of this state and offered for sale in this
9 26 state, the inspection as authorized by subsection 1 shall be
9 27 made by the department of inspections and appeals commission
9 28 at the expense of the subdivider. After the application
9 29 required by section 543C.2 is filed and after the filing fee
9 30 required by section 543C.8 is received, the commission may
9 31 decide whether an inspection pursuant to this subsection is to
9 32 be made. If the commission requires an inspection, the
9 33 department of inspections and appeals commission shall so
9 34 notify the subdivider and the subdivider shall remit to the
9 35 department commission an amount equivalent to the round trip
10 1 cost of travel from this state to the location of the project,
10 2 as estimated by the department commission and a further amount
10 3 estimated to be necessary to cover the additional expenses of
10 4 inspection but not to exceed fifty dollars a day for each day
10 5 incurred in the inspection. The costs of any subsequent
10 6 inspections deemed necessary shall be paid for by the
10 7 subdivider. At the completion of an inspection trip the
10 8 department commission shall furnish the subdivider a statement
10 9 as to the costs of the inspection trip, and if the costs are
10 10 less than the amount advanced by the subdivider to the
10 11 department commission, the remaining balance shall be refunded
10 12 to the subdivider.
10 13 Sec. 11. Section 543D.4, unnumbered paragraph 1, Code
10 14 2005, is amended to read as follows:
10 15 A real estate appraiser examining board is established
10 16 within the professional licensing and regulation division of
10 17 the department of commerce secretary of state's office. The
10 18 board consists of seven members, two of whom shall be public
10 19 members and five of whom shall be real estate appraisers.
10 20 Sec. 12. Section 544A.1, unnumbered paragraph 2, Code
10 21 2005, is amended to read as follows:
10 22 The architectural examining board is created within the
10 23 professional licensing and regulation division of the
10 24 department of commerce secretary of state's office. The board
10 25 consists of five members who possess a certificate of
10 26 registration issued under section 544A.9 and who have been in
10 27 active practice of architecture for not less than five years,
10 28 the last two of which shall have been in Iowa, and two members
10 29 who do not possess a certificate of registration issued under
10 30 section 544A.9 and who shall represent the general public.
10 31 Members shall be appointed by the governor subject to
10 32 confirmation by the senate.
10 33 Sec. 13. Section 544A.5, Code 2005, is amended to read as
10 34 follows:
10 35 544A.5 DUTIES.
11 1 The architectural examining board shall enforce this
11 2 chapter, shall make rules for the examination of applicants
11 3 for the certificate of registration provided by this chapter,
11 4 and shall, after due public notice, hold meetings each year
11 5 for the purpose of examining applicants for registration and
11 6 the transaction of business pertaining to the affairs of the
11 7 board. Examinations shall be given as often as deemed
11 8 necessary, but not less than annually. Action at a meeting
11 9 shall not be taken without the affirmative votes of a majority
11 10 of the members of the board. The administrator of the
11 11 professional licensing and regulation division of the
11 12 department of commerce secretary of state's office shall hire
11 13 and provide staff to assist the board with implementing this
11 14 chapter.
11 15 Sec. 14. Section 544A.13, unnumbered paragraph 3, Code
11 16 2005, is amended to read as follows:
11 17 Proceedings for the revocation of a certificate shall be
11 18 initiated by filing written charges against the accused with
11 19 the board. Upon the filing of charges the board may request
11 20 the department of inspections and appeals to conduct an
11 21 investigation into the charges. The department of inspections
11 22 and appeals shall report its findings to the board, and a time
11 23 and place for the hearing of the charges shall be fixed by the
11 24 board if the board determines that a hearing is warranted. If
11 25 personal service or service through counsel cannot be
11 26 effected, service may be by publication. At the hearing, the
11 27 accused has the right to be represented by counsel, to
11 28 introduce evidence, and to examine and cross=examine
11 29 witnesses. The board may subpoena witnesses, administer oaths
11 30 to witnesses, and employ counsel. The board shall make a
11 31 written report of its findings, which shall be filed with the
11 32 secretary of state, and which is conclusive.
11 33 Sec. 15. Section 544B.3, unnumbered paragraph 1, Code
11 34 2005, is amended to read as follows:
11 35 A landscape architectural examining board is created within
12 1 the professional licensing and regulation division of the
12 2 department of commerce secretary of state's office. The board
12 3 consists of five members who are professional landscape
12 4 architects and two members who are not professional landscape
12 5 architects and who shall represent the general public.
12 6 Members shall be appointed by the governor, subject to
12 7 confirmation by the senate. A professional member shall be
12 8 actively engaged in the practice of landscape architecture or
12 9 the teaching of landscape architecture in an accredited
12 10 college or university, and shall have been so engaged for five
12 11 years preceding appointment, the last two of which shall have
12 12 been in Iowa. Associations or societies composed of
12 13 professional landscape architects may recommend the names of
12 14 potential board members to the governor. However, the
12 15 governor is not bound by the recommendations. A board member
12 16 shall not be required to be a member of any professional
12 17 association or society composed of professional landscape
12 18 architects.
12 19 Sec. 16. Section 544B.5, Code 2005, is amended to read as
12 20 follows:
12 21 544B.5 DUTIES.
12 22 The board shall enforce this chapter, shall make rules for
12 23 the examination of applicants for licensure, and, after public
12 24 notice, shall conduct examinations of applicants for
12 25 licensure. The board shall keep a record of its proceedings.
12 26 The board shall adopt an official seal which shall be affixed
12 27 to all certificates of licensure granted. The board may make
12 28 other rules, not inconsistent with law, as necessary for the
12 29 proper performance of its duties. The board shall maintain a
12 30 roster showing the name, place of business, and residence, and
12 31 the date and number of the certificate of licensure of every
12 32 professional landscape architect in this state. The
12 33 administrator of the professional licensing and regulation
12 34 division of the department of commerce secretary of state's
12 35 office shall hire and provide staff to assist the board in
13 1 implementing this chapter.
13 2 Sec. 17. Section 544B.16, Code 2005, is amended to read as
13 3 follows:
13 4 544B.16 PROCEDURE.
13 5 A person may file charges with the board against a
13 6 professional landscape architect or the board may initiate
13 7 charges. The charges shall be in writing, sworn to if by a
13 8 complainant other than the board, and filed with the board.
13 9 Unless the charges are dismissed by the board as unfounded or
13 10 trivial, the board may request the department of inspections
13 11 and appeals to conduct an investigation into the charges. The
13 12 department of inspections and appeals shall report its
13 13 findings to the board, and the board shall hold a hearing
13 14 within sixty days after the date on which the charges are
13 15 filed. The board shall fix the time and place for such
13 16 hearing and shall cause a copy of the charges, together with a
13 17 notice of the time and place fixed for the hearing, to be
13 18 served on the accused at least thirty days before the date
13 19 fixed for the hearing. Where personal service cannot be
13 20 effected, service may be effected by publication. At such
13 21 hearing, the accused shall have the right to appear personally
13 22 or by counsel, to cross=examine witnesses against the accused,
13 23 and to produce evidence and witnesses in defense. After the
13 24 hearing, the board may suspend or revoke the certificate of
13 25 licensure. The board may restore the certificate of licensure
13 26 to any person whose certificate of licensure has been revoked.
13 27 Application for the restoration of a certificate of licensure
13 28 shall be made in such manner, form, and content as the board
13 29 may prescribe.
13 30 Sec. 18. Section 544C.1, subsection 2, Code Supplement
13 31 2005, is amended to read as follows:
13 32 2. "Division" means the professional licensing and
13 33 regulation division of the department of commerce secretary of
13 34 state's office.
13 35 Sec. 19. Section 546.2, subsection 3, paragraph g, Code
14 1 2005, is amended by striking the paragraph.
14 2 Sec. 20. Section 546.2, subsection 6, unnumbered paragraph
14 3 1, Code 2005, is amended to read as follows:
14 4 Each division is responsible for policymaking and
14 5 enforcement duties assigned to the division under the law.
14 6 Except as provided in section 546.10, subsection 3:
14 7 Sec. 21. Section 546.10, Code 2005, is repealed.
14 8 DIVISION II
14 9 TRANSFER OF DUTIES RELATING TO CONDUCT
14 10 OF ELECTIONS AND VOTER REGISTRATION
14 11 Sec. 22. Section 34A.6, subsection 3, Code 2005, is
14 12 amended to read as follows:
14 13 3. The secretary of state commissioner of elections, in
14 14 consultation with the administrator, shall adopt rules for the
14 15 conduct of joint E911 service referendums as required by and
14 16 consistent with subsections 1 and 2.
14 17 Sec. 23. Section 42.4, subsection 8, paragraph b,
14 18 subparagraph (1), subparagraph subdivision (b), unnumbered
14 19 paragraph 2, Code 2005, is amended to read as follows:
14 20 The secretary of state commissioner of elections shall
14 21 prescribe a form to be completed by all senators to declare
14 22 their residences as of February 1, 2002. The form shall be
14 23 filed with the secretary of state commissioner of elections no
14 24 later than five p.m. on February 1, 2002.
14 25 Sec. 24. Section 42.4, subsection 8, paragraph b,
14 26 subparagraph (2), Code 2005, is amended to read as follows:
14 27 (2) Each even=numbered senatorial district to which
14 28 subparagraph (1) of this paragraph is not applicable shall
14 29 elect a senator in 2002 for a two=year term commencing in
14 30 January 2003. However, if more than one incumbent state
14 31 senator is residing in an even=numbered senatorial district on
14 32 February 1, 2002, and, on or before February 15, 2002, all but
14 33 one of the incumbent senators resigns from office effective no
14 34 later than January 1, 2003, the remaining incumbent senator
14 35 shall represent the district in the senate for the Eightieth
15 1 General Assembly. A copy of the resignation must be filed in
15 2 the office of the secretary of state commissioner of elections
15 3 no later than five p.m. on February 15, 2002.
15 4 Sec. 25. Section 43.18, unnumbered paragraph 1, Code 2005,
15 5 is amended to read as follows:
15 6 Each candidate shall complete and file a signed, notarized
15 7 affidavit of candidacy. The affidavit shall be in the form
15 8 prescribed by the secretary of state commissioner and shall
15 9 include the following information:
15 10 Sec. 26. Section 43.63, Code 2005, is amended to read as
15 11 follows:
15 12 43.63 CANVASS BY STATE BOARD.
15 13 Upon receipt of the abstracts of votes from the counties,
15 14 the secretary of state commissioner shall immediately open the
15 15 envelopes and canvass the results for all offices. The
15 16 secretary of state commissioner shall invite to attend the
15 17 canvass one representative from each political party which, at
15 18 the last preceding general election, cast for its candidate
15 19 for president of the United States or for governor, as the
15 20 case may be, at least two percent of the total vote cast for
15 21 all candidates for that office at that election, as determined
15 22 by the secretary of state commissioner. The secretary of
15 23 state commissioner shall notify the chairperson of each
15 24 political party of the time of the canvass. However, the
15 25 presence of a representative from a political party is not
15 26 necessary for the canvass to proceed.
15 27 Not later than the twenty=seventh day after the primary
15 28 election, the secretary of state commissioner shall present to
15 29 the state board of canvassers abstracts showing the number of
15 30 ballots cast by each political party for each office and a
15 31 summary of the results for each office, showing the votes cast
15 32 in each county. The state board of canvassers shall review
15 33 the results compiled by the secretary of state commissioner
15 34 and, if the results are accurately tabulated, the state board
15 35 shall approve the canvass.
16 1 Sec. 27. Section 43.67, unnumbered paragraphs 1 and 2,
16 2 Code Supplement 2005, are amended to read as follows:
16 3 Each candidate nominated pursuant to section 43.52 or 43.65
16 4 is entitled to have the candidate's name printed on the
16 5 official ballot to be voted at the general election without
16 6 other certificate unless the candidate was nominated by write=
16 7 in votes. Immediately after the completion of the canvass
16 8 held under section 43.49, the county auditor shall notify each
16 9 person who was nominated by write=in votes for a county office
16 10 that the person is required to file an affidavit of candidacy
16 11 if the person wishes to be a candidate for that office at the
16 12 general election. Immediately after the completion of the
16 13 canvass held under section 43.63, the secretary of state
16 14 commissioner shall notify each person who was nominated by
16 15 write=in votes for a state or federal office that the person
16 16 is required to file an affidavit of candidacy if the person
16 17 wishes to be a candidate for that office at the general
16 18 election. If the affidavit is not filed by five p.m. on the
16 19 seventh day after the completion of the canvass, that person's
16 20 name shall not be placed upon the official general election
16 21 ballot. The affidavit shall be signed by the candidate,
16 22 notarized, and filed with the county auditor or the secretary
16 23 of state commissioner, whichever is applicable.
16 24 The affidavit shall be in the form prescribed by the
16 25 secretary of state commissioner. The affidavit shall include
16 26 the following information:
16 27 Sec. 28. Section 44.3, subsection 2, unnumbered paragraph
16 28 1, Code 2005, is amended to read as follows:
16 29 Each candidate nominated by the convention or caucus shall
16 30 complete and file a signed, notarized affidavit of candidacy.
16 31 The affidavit shall be in the form prescribed by the secretary
16 32 of state commissioner. The affidavit shall include the
16 33 following information:
16 34 Sec. 29. Section 45.3, unnumbered paragraph 1, Code 2005,
16 35 is amended to read as follows:
17 1 Each candidate shall complete and file a signed, notarized
17 2 affidavit of candidacy. The affidavit shall be filed at the
17 3 same time as the nomination petition. The affidavit shall be
17 4 in the form prescribed by the secretary of state commissioner
17 5 and shall include the following information:
17 6 Sec. 30. Section 47.1, subsections 1 and 3, Code 2005, are
17 7 amended to read as follows:
17 8 1. The secretary of state executive director of the Iowa
17 9 elections, ethics, and campaign disclosure board established
17 10 in section 68B.32 is designated as the state commissioner of
17 11 elections and shall supervise the activities of the county
17 12 commissioners of elections. There is established within the
17 13 office of the secretary of state Iowa elections, ethics, and
17 14 campaign disclosure board a division of elections which shall
17 15 be under the direction of the state commissioner of elections.
17 16 The state commissioner of elections may appoint a person to be
17 17 in charge of the division of elections who shall perform the
17 18 duties assigned by the state commissioner of elections. The
17 19 state commissioner of elections shall prescribe uniform
17 20 election practices and procedures, shall prescribe the
17 21 necessary forms required for the conduct of elections, shall
17 22 assign a number to each proposed constitutional amendment and
17 23 statewide public measure for identification purposes, and
17 24 shall adopt rules, pursuant to chapter 17A, to carry out this
17 25 section.
17 26 3. The secretary of state executive director of the Iowa
17 27 elections, ethics, and campaign disclosure board is designated
17 28 the chief state election official and is responsible for
17 29 coordination of state responsibilities under the federal
17 30 National Voter Registration Act of 1993.
17 31 Sec. 31. Section 48A.19, subsection 3, Code 2005, is
17 32 amended to read as follows:
17 33 3. The voter registration agency shall provide voter
17 34 registration services with each application for services or
17 35 assistance and with each recertification, renewal, or change
18 1 of address form completed relating to the agency's services.
18 2 The secretary of state registrar of voters shall adopt
18 3 administrative rules in cooperation with voter registration
18 4 agencies to carry out the requirements of this section.
18 5 Sec. 32. Section 48A.22, Code 2005, is amended to read as
18 6 follows:
18 7 48A.22 VOTER REGISTRATION BY VOLUNTEER ORGANIZATIONS.
18 8 The secretary of state registrar of voters shall encourage
18 9 volunteer organizations to undertake voter registration drives
18 10 by providing registration forms.
18 11 Sec. 33. Section 49.67, unnumbered paragraph 2, Code 2005,
18 12 is amended to read as follows:
18 13 If necessary, the commissioner or the commissioner's
18 14 designee may make photocopies of official ballots to replace
18 15 or replenish ballot supplies. The commissioner shall keep a
18 16 record of the number of photocopied ballots made for each
18 17 precinct, the name of the person who made the photocopies, and
18 18 the date, time, and location at which the photocopies were
18 19 made. These records shall be made on forms and following
18 20 procedures prescribed by the secretary of state commissioner
18 21 by administrative rule.
18 22 Sec. 34. Section 49.104, subsection 7, Code 2005, is
18 23 amended to read as follows:
18 24 7. Any person authorized by the commissioner, in
18 25 consultation with the secretary of state commissioner, for the
18 26 purposes of conducting and attending educational voting
18 27 programs for youth.
18 28 Sec. 35. Section 49A.8, Code 2005, is amended to read as
18 29 follows:
18 30 49A.8 CANVASS == DECLARATION OF RESULT == RECORD.
18 31 The judges of election, county boards of canvassers, and
18 32 other election officials shall canvass the vote on any
18 33 constitutional amendment or public measure, and make return
18 34 thereof, in the same manner as required by law for the canvass
18 35 and return of the vote for public officers. The board of
19 1 state canvassers shall canvass such returns, declare the
19 2 result, and enter the same of record, immediately following
19 3 and in connection with the proofs of publication of such
19 4 amendment or measure, in the book kept for that purpose by the
19 5 secretary of state commissioner of elections.
19 6 Upon completion of the canvass, the secretary of state
19 7 commissioner of elections shall certify to the Iowa Code
19 8 editor the results of the election.
19 9 Sec. 36. Section 50.36, Code 2005, is amended to read as
19 10 follows:
19 11 50.36 ENVELOPES CONTAINING OTHER ABSTRACTS == CANVASS.
19 12 The secretary of state commissioner, upon receipt of the
19 13 envelopes containing the abstracts of votes, shall open and
19 14 canvass the abstracts for all offices except governor and
19 15 lieutenant governor.
19 16 The secretary of state commissioner shall invite to attend
19 17 the canvass one representative from each political party
19 18 which, at the last preceding general election, cast for its
19 19 candidate for president of the United States or for governor,
19 20 as the case may be, at least two percent of the total vote
19 21 cast for all candidates for that office at that election, as
19 22 determined by the secretary of state commissioner. The
19 23 secretary of state commissioner shall notify the chairperson
19 24 of each political party of the time of the canvass. However,
19 25 the presence of a representative from a political party is not
19 26 necessary for the canvass to proceed.
19 27 Sec. 37. Section 50.37, Code 2005, is amended to read as
19 28 follows:
19 29 50.37 STATE CANVASSING BOARD.
19 30 The executive council shall constitute a board of
19 31 canvassers of all abstracts of votes required to be filed with
19 32 the state commissioner, except for the offices of governor and
19 33 lieutenant governor. Any clerical error found by the
19 34 secretary of state commissioner or state board of canvassers
19 35 shall be corrected by the county commissioner in a letter
20 1 addressed to the state board of canvassers.
20 2 Sec. 38. Section 50.38, Code 2005, is amended to read as
20 3 follows:
20 4 50.38 TIME OF STATE CANVASS.
20 5 Not later than twenty=seven days after the day of the
20 6 election, the secretary of state commissioner shall present to
20 7 the board of state canvassers abstracts of votes cast at the
20 8 election showing the number of ballots cast for each office
20 9 and a summary of the results for each office, showing the
20 10 votes cast in each county. The state board of canvassers
20 11 shall review the results compiled by the secretary of state
20 12 commissioner and, if the results are accurately tabulated, the
20 13 state board shall approve the canvass.
20 14 Sec. 39. Section 54.5, unnumbered paragraph 5, Code 2005,
20 15 is amended to read as follows:
20 16 If a candidate for the office of president or vice
20 17 president of the United States withdraws, dies, or is
20 18 otherwise removed from the ballot before the general election,
20 19 another candidate may be substituted. The substitution shall
20 20 be made by the state central committee of the political party
20 21 or by the governing committee of the national party. If there
20 22 are differences, the substitution made by the state central
20 23 committee shall prevail. A nonparty political organization
20 24 which has filed the names of party officers and central
20 25 committee members with the secretary of state commissioner of
20 26 elections before the close of the filing period for the
20 27 general election pursuant to section 44.17 may also make
20 28 substitutions. A substitution must be filed no later than
20 29 seventy=four days before the election.
20 30 Sec. 40. Section 59.1, unnumbered paragraphs 2 and 3, Code
20 31 2005, are amended to read as follows:
20 32 A copy of the statement of notice of contest shall be filed
20 33 with the secretary of state commissioner of elections within
20 34 five days of service of the notice upon the incumbent. The
20 35 secretary of state commissioner of elections shall notify the
21 1 presiding officer of the house in which the contest will be
21 2 tried.
21 3 A special election for a seat in either house of the
21 4 general assembly may be contested. The contestant shall serve
21 5 notice on the incumbent in the manner described in this
21 6 section not later than twenty days after the state canvass of
21 7 votes for the election. A copy of the notice shall also be
21 8 filed with the presiding officer of the house in which the
21 9 contest is to be tried, if the general assembly is in session.
21 10 If the general assembly is not in session, a copy of the
21 11 notice shall be filed with the secretary of state commissioner
21 12 of elections. The secretary of state commissioner of
21 13 elections shall notify the presiding officer of the house in
21 14 which the contest will be tried.
21 15 Sec. 41. Section 59.4, Code 2005, is amended to read as
21 16 follows:
21 17 59.4 RETURN OF DEPOSITIONS.
21 18 A copy of the statement, and of the notice for taking
21 19 depositions, with the service endorsed, and verified by
21 20 affidavit if not served by an officer, shall be returned to
21 21 the officer taking the depositions, and then, with the
21 22 depositions, shall be sealed up and transmitted to the
21 23 secretary of state commissioner of elections, with an
21 24 endorsement thereon showing the nature of the papers, the
21 25 names of the contesting parties, and the branch of the general
21 26 assembly before whom the contest is to be tried.
21 27 Sec. 42. Section 59.7, Code 2005, is amended to read as
21 28 follows:
21 29 59.7 NOTICE OF RESULT.
21 30 The presiding officer of the house in which the contest was
21 31 tried shall certify to the secretary of state commissioner of
21 32 elections the results of the contest.
21 33 Sec. 43. Section 60.2, Code 2005, is amended to read as
21 34 follows:
21 35 60.2 CLERK.
22 1 The secretary of state commissioner of elections shall be
22 2 the clerk of the court, or, in the secretary of state's state
22 3 commissioner's absence or inability to act, the clerk of the
22 4 supreme court.
22 5 Sec. 44. Section 60.3, Code 2005, is amended to read as
22 6 follows:
22 7 60.3 OATH.
22 8 Each member of the court, before entering upon the
22 9 discharge of the member's duties, shall take an oath before
22 10 the secretary of state commissioner of elections, or some
22 11 officer qualified to administer oaths, that the member will
22 12 support the Constitution of the United States and that of the
22 13 state of Iowa, and that, without fear, favor, affection, or
22 14 hope of reward, the member will, to the best of the member's
22 15 knowledge and ability, administer justice according to law and
22 16 the facts in the case.
22 17 Sec. 45. Section 60.4, Code 2005, is amended to read as
22 18 follows:
22 19 60.4 STATEMENT.
22 20 The contestant shall file the statement provided for in
22 21 chapter 62 in the office of the secretary of state
22 22 commissioner of elections within two days from the day on
22 23 which the returns are canvassed by the state board of
22 24 canvassers and, within the same time, serve a copy of the
22 25 same, with a notice of the contest, on the incumbent in the
22 26 manner provided by the rules of civil procedure for service of
22 27 an original notice.
22 28 Sec. 46. Section 60.6, Code 2005, is amended to read as
22 29 follows:
22 30 60.6 JUDGMENT.
22 31 The judgment of the court shall determine which of the
22 32 parties to the action is entitled to hold the office and shall
22 33 be authenticated by the presiding judge and clerk of the court
22 34 and filed with the secretary of state commissioner of
22 35 elections; and the judgment so rendered shall constitute a
23 1 final determination of the title to the office, and a
23 2 certificate of appointment shall be issued to the successful
23 3 party.
23 4 Sec. 47. Section 61.2, Code 2005, is amended to read as
23 5 follows:
23 6 61.2 CLERK.
23 7 The secretary of state commissioner of elections shall be
23 8 the clerk of this court; but if the person holding that office
23 9 is a party to the contest, the clerk of the supreme court, or,
23 10 in case of that person's absence or inability, the auditor of
23 11 state shall be clerk.
23 12 Sec. 48. Section 61.11, Code 2005, is amended to read as
23 13 follows:
23 14 61.11 SUBPOENAS == DEPOSITIONS.
23 15 The secretary of state commissioner of elections, the
23 16 several clerks of the supreme and district courts, under their
23 17 respective seals of office, and either of the judges of the
23 18 supreme or district courts, under their hands, may issue
23 19 subpoenas for witnesses to attend this court; and disobedience
23 20 to such process may be treated as a contempt. Depositions may
23 21 also be taken as in the case of contested county elections.
23 22 Sec. 49. Section 68A.201, subsection 4, Code 2005, is
23 23 amended to read as follows:
23 24 4. A list, by office and district, of all candidates who
23 25 have filed an affidavit of candidacy in the office of the
23 26 secretary of state commissioner shall be prepared by the
23 27 secretary of state commissioner and delivered to the board not
23 28 more than ten days after the last day for filing nomination
23 29 papers.
23 30 Sec. 50. Section 68B.2, subsection 3, Code Supplement
23 31 2005, is amended to read as follows:
23 32 3. "Board" means the Iowa elections, ethics, and campaign
23 33 disclosure board.
23 34 Sec. 51. Section 68B.32A, Code Supplement 2005, is amended
23 35 by adding the following new subsection:
24 1 NEW SUBSECTION. 15. Perform all duties as required and
24 2 directed by the state commissioner of elections as defined in
24 3 section 47.7.
24 4 Sec. 52. Section 331.510, subsection 2, Code 2005, is
24 5 amended to read as follows:
24 6 2. A report to the secretary of state commissioner of
24 7 elections of the name, office, and term of office of each
24 8 appointed or elected county officer within ten days of the
24 9 officer's election or appointment and qualification.
24 10 Sec. 53. AMENDMENTS CHANGING TERMINOLOGY == DIRECTIVE TO
24 11 CODE EDITOR. The Code editor is directed to strike the words
24 12 "ethics and campaign disclosure board" as they appear in the
24 13 Code and insert the words "elections, ethics, and campaign
24 14 disclosure board" unless a contrary intent is clearly evident.
24 15 Sec. 54. EFFECTIVE DATE. This division of this Act takes
24 16 effect July 1, 2007.
24 17 EXPLANATION
24 18 This bill provides for the transfer of the professional
24 19 licensing division of the department of commerce to the
24 20 secretary of state's office. The bill provides that the
24 21 secretary of state shall be responsible for overseeing the
24 22 administration of the professional licensing division, and
24 23 that the administrator of the division shall report to the
24 24 secretary of state. The bill creates a new Code section 9.8
24 25 containing the provisions of current Code section 546.10
24 26 relating to the establishment and administration of the
24 27 division.
24 28 The bill adds provisions relating to the administration of
24 29 the division, providing that all licensing boards in the
24 30 division may refuse to grant or renew a license to practice a
24 31 profession to any person otherwise qualified for any of the
24 32 grounds based upon which a license may be revoked or
24 33 suspended. The bill also provides that all licensing boards
24 34 in the division may suspend, revoke, or otherwise discipline a
24 35 licensee, or refuse to renew a license, based on the
25 1 revocation or suspension of, or other disciplinary action
25 2 against, a professional license by a licensing authority in
25 3 this or another state, the United States, a territory, or
25 4 other country.
25 5 The bill additionally provides that the maximum amount of a
25 6 civil penalty imposed as a disciplinary measure by licensing
25 7 boards in the division is increased from the current level of
25 8 $1,000 to an amount up to $25,000, and that staff members in
25 9 the division shall be employed subject to the merit system
25 10 provisions of Code chapter 19A.
25 11 The bill makes changes in the licensing provisions relating
25 12 to engineers and land surveyors, architects, landscape
25 13 architects, and relating to sales of subdivided land outside
25 14 of Iowa, providing for the elimination of references to
25 15 investigations performed by the department of inspections and
25 16 appeals in the course of a disciplinary proceeding.
25 17 The bill additionally provides for a number of conforming
25 18 changes in various professional licensure and regulation
25 19 chapters administered by the division.
25 20 The bill also transfers duties relating to conduct of
25 21 elections and voter registration from the office of secretary
25 22 of state to the Iowa ethics and campaign disclosure board.
25 23 The ethics and campaign disclosure board is renamed the
25 24 elections, ethics, and campaign disclosure board. Other
25 25 related changes are provided to transfer election=related
25 26 duties form the secretary of state to the state commissioner
25 27 of elections.
25 28 The provisions transferring duties relating to conduct of
25 29 elections and voter registration take effect July 1, 2007.
25 30 LSB 5053YH 81
25 31 rn:nh/gg/14