House File 2003 - Introduced HOUSE FILE 2003 BY PAULSEN A BILL FOR An Act requiring that county sheriffs be elected on a 1 nonpartisan basis and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5120YH (4) 86 aw/sc

H.F. 2003 Section 1. Section 39.17, Code 2016, is amended to read as 1 follows: 2 39.17 County officers. 3 1. There shall be elected in each county at the general 4 election to be held in the year 1976 and every four years 5 thereafter, an auditor and a sheriff , each to hold office for a 6 term of four years. 7 2. There shall be elected in each county at the general 8 election to be held in 1974 and each four years thereafter, a 9 treasurer, a recorder , and a county attorney who shall , each to 10 hold office for a term of four years. 11 Sec. 2. Section 39.21, Code 2016, is amended to read as 12 follows: 13 39.21 Nonpartisan offices. 14 1. There shall be elected at each general election, on a 15 nonpartisan basis, the following officers: 16 1. a. County public hospital trustees as required by 17 section 347.25 . 18 2. b. Soil and water conservation district commissioners 19 as required by section 161A.5 . 20 3. c. County agricultural extension council members as 21 provided in section 176A.6 . 22 4. d. Township officers as provided in section 39.22, 23 subsection 2 . 24 2. There shall be elected in each county at the general 25 election to be held in the year 2016 and every four years 26 thereafter, on a nonpartisan basis, a sheriff, to hold office 27 for a term of four years. 28 Sec. 3. Section 69.14A, subsection 2, unnumbered paragraph 29 1, Code 2016, is amended to read as follows: 30 A vacancy in any of the offices listed in section 39.17 or 31 in the office of sheriff shall be filled by one of the two 32 following procedures: 33 Sec. 4. Section 69.14A, subsection 4, Code 2016, is amended 34 to read as follows: 35 -1- LSB 5120YH (4) 86 aw/sc 1/ 3

H.F. 2003 4. Notwithstanding subsections 1 and 2 , if a nomination 1 has been made at the primary election for an a partisan office 2 in which a vacancy has been filled by appointment, the office 3 shall be filled at the next general election, and not at any 4 special election in the same political subdivision. 5 Sec. 5. Section 97B.49C, subsection 1, paragraph e, Code 6 2016, is amended to read as follows: 7 e. “Sheriff” means a county sheriff as defined in elected or 8 appointed to that office as described in section 39.17 331.651 . 9 Sec. 6. Section 97B.49G, subsection 7, paragraph a, 10 subparagraph (3), subparagraph division (a), Code 2016, is 11 amended to read as follows: 12 (a) As a county sheriff as defined in elected or appointed 13 to that office as described in section 39.17 331.651 . 14 Sec. 7. Section 331.651, subsection 1, Code 2016, is amended 15 to read as follows: 16 1. The office of sheriff is an a nonpartisan elective 17 office. However, if a vacancy occurs in the office, the first 18 deputy shall assume the office after qualifying as provided in 19 this section . The first deputy shall hold the office until 20 a successor is appointed or elected to the unexpired term 21 as provided in chapter 69 section 69.14A . If a sheriff is 22 suspended from office, the district court may appoint a sheriff 23 until a temporary appointment is made by the board as provided 24 in section 66.19 . 25 Sec. 8. Section 331.661, subsection 3, Code 2016, is amended 26 to read as follows: 27 3. The office of multicounty sheriff is created effective on 28 January 1 of the year following the next general election at 29 which the county sheriff is elected as provided by this section 30 and section 39.17 39.21 . 31 Sec. 9. IMPLEMENTATION —— IOWA PUBLIC EMPLOYEES’ RETIREMENT 32 SYSTEM. Notwithstanding the provisions of this Act amending 33 sections 97B.49C and 97B.49G, the definition of sheriff in 34 those sections shall include those persons who qualified as a 35 -2- LSB 5120YH (4) 86 aw/sc 2/ 3

H.F. 2003 sheriff prior to the effective date of this Act. 1 Sec. 10. EFFECTIVE UPON ENACTMENT. This Act, being deemed 2 of immediate importance, takes effect upon enactment. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill provides that county sheriffs shall be elected 7 on a nonpartisan basis beginning with the general election in 8 November 2016. The bill also provides that vacancies in the 9 office of sheriff shall be filled in the manner provided for 10 partisan county offices. 11 The bill takes effect upon enactment. 12 -3- LSB 5120YH (4) 86 aw/sc 3/ 3