House File 17 - Introduced HOUSE FILE 17 BY PETTENGILL and DE BOEF A BILL FOR An Act increasing the number of members serving on the 1 utilities board within the utilities division of the 2 department of commerce and changing the membership from an 3 appointed to an elected board. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1270YH (7) 84 rn/sc

H.F. 17 Section 1. Section 39.21, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 5. Members of the utilities board within 3 the utilities division of the department of commerce as 4 provided in section 474.1. 5 Sec. 2. Section 474.1, subsections 1 and 2, Code 2011, 6 are amended by striking the subsections and inserting in lieu 7 thereof the following: 8 1. a. A utilities division is created within the department 9 of commerce. The policymaking body for the division is the 10 utilities board which is created within the division. 11 b. The board is composed of five members, one to be elected 12 by the registered voters of each congressional district and one 13 to be elected from the state at large. Board members shall 14 be elected on a nonpartisan basis at the general election 15 for staggered four-year terms commencing on the first day 16 of January that is not a Sunday or holiday following their 17 election. Any eligible elector is entitled to membership on 18 the board, and, except for the member elected at large, no more 19 than one member shall at any one time be a resident of any 20 one congressional district. A vacancy shall be filled by the 21 chairperson of the board for the unexpired balance of the term 22 until the next succeeding general election. 23 c. At each general election a successor shall be chosen 24 for each commissioner whose term will expire in the succeeding 25 January. Nomination of candidates shall be made by petition 26 in accordance with chapter 45, except that each candidate’s 27 nominating petition shall be signed by at least three hundred 28 eligible electors residing in the congressional district or, 29 for an at-large candidate, by seventy-five eligible electors 30 residing in each congressional district in the state. The 31 petition form shall be furnished by the county commissioner 32 of elections. Every candidate shall file with the nomination 33 papers an affidavit stating the candidate’s name, the 34 candidate’s residence, that the person is a candidate and 35 -1- LSB 1270YH (7) 84 rn/sc 1/ 4

H.F. 17 is eligible for board membership, and that if elected the 1 candidate will qualify for the office. The affidavit shall 2 also state that the candidate is aware that the candidate 3 is disqualified from holding office if the candidate has 4 been convicted of a felony or other infamous crime and the 5 candidate’s rights have not been restored by the governor or by 6 the president of the United States. 7 d. The signed petitions shall be filed with the county 8 commissioner of elections not later than 5 p.m. on the 9 sixty-ninth day before the general election. The votes for 10 board membership shall be canvassed in the same manner as the 11 votes for state officers, and the returns shall be certified to 12 the state commissioner of elections. A plurality is sufficient 13 to elect members, and a primary election for the office shall 14 not be held. 15 e. As used in this subsection, “congressional district” 16 means those districts established following the 2010 federal 17 decennial census. 18 2. The utilities board shall organize by appointing an 19 executive secretary, who shall take the same oath as the 20 members. The board shall set the salary of the executive 21 secretary within the limits of the pay plan for exempt 22 positions provided for in section 8A.413, subsection 3, unless 23 otherwise provided by the general assembly. The board may 24 employ additional personnel as it finds necessary. Board 25 members shall elect a member to serve as the chairperson of 26 the board. The chairperson shall be the administrator of the 27 utilities division. A member shall serve as chairperson for a 28 two-year term. 29 Sec. 3. TRANSITION PROVISIONS. Membership terms of 30 utilities board members serving on the board on the effective 31 date of this Act and otherwise expiring prior to the general 32 election to be conducted in 2012 shall be extended until the 33 first day of January that is not a Sunday or holiday following 34 the election. Membership terms of utilities board members 35 -2- LSB 1270YH (7) 84 rn/sc 2/ 4

H.F. 17 appointed to the board after the effective date of this Act 1 shall expire in 2013 on the first day of January that is not a 2 Sunday or holiday. 3 EXPLANATION 4 This bill changes the composition of the utilities board 5 within the utilities division of the department of commerce 6 from the current membership of three appointed members to a 7 membership of five elected members. 8 The bill provides that four members shall be elected by the 9 registered voters of each congressional district, as those 10 districts were established following the 2010 federal census, 11 and one member shall be elected from the state at large. The 12 members are elected on a nonpartisan basis for staggered 13 four-year terms. The election shall be held biennially at the 14 same time as the general election, and any eligible elector is 15 entitled to membership on the board. 16 The bill specifies nomination of candidates for the board 17 shall be made by petition pursuant to Code chapter 45, with 18 the exception that each candidate’s nominating petition shall 19 be signed by at least 300 eligible electors residing in the 20 district or, if an at-large candidate, by 75 eligible electors 21 residing in each congressional district in the state. The 22 bill states that the votes for board membership shall be 23 canvassed in the same manner as the votes for state officers, 24 that returns shall be certified to the state commissioner of 25 elections, that a plurality is sufficient to elect members, and 26 that a primary election for the office shall not be held. 27 The bill provides that a chairperson of the board shall be 28 elected from among the board membership for a two-year term. 29 Currently, a chairperson is appointed by the governor. 30 The bill provides transition provisions for the general 31 election in 2012. The terms of utilities board members 32 serving on the board on the bill’s effective date and otherwise 33 expiring prior to the general election in 2012 shall be 34 extended until the first day of January that is not a Sunday or 35 -3- LSB 1270YH (7) 84 rn/sc 3/ 4

H.F. 17 holiday following the election. The terms of members appointed 1 after the effective date shall expire in 2013 on the first day 2 of January that is not a Sunday or a holiday. 3 -4- LSB 1270YH (7) 84 rn/sc 4/ 4