HF 2003 (LSB 5120YH (4) 86)

HOUSE FILE 2003

BY  PAULSEN

A BILL FOR

An Act requiring that county sheriffs be elected on a nonpartisan basis and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 39.17, Code 2016, is amended to read as follows:
   39.17  County officers.
   1.  There shall be elected in each county at the general election to be held in the year 1976 and every four years thereafter, an auditor and a sheriff, each to hold office for a term of four years.
   2.  There shall be elected in each county at the general election to be held in 1974 and each four years thereafter, a treasurer, a recorder, and a county attorney who shall, each to hold office for a term of four years.
    Sec. 2.  Section 39.21, Code 2016, is amended to read as follows:
   39.21  Nonpartisan offices.
   1.  There shall be elected at each general election, on a nonpartisan basis, the following officers:
   1.  a.  County public hospital trustees as required by section 347.25.
   2.  b.  Soil and water conservation district commissioners as required by section 161A.5.
   3.  c.  County agricultural extension council members as provided in section 176A.6.
   4.  d.  Township officers as provided in section 39.22, subsection 2.
   2.  There shall be elected in each county at the general election to be held in the year 2016 and every four years thereafter, on a nonpartisan basis, a sheriff, to hold office for a term of four years.
    Sec. 3.  Section 69.14A, subsection 2, unnumbered paragraph 1, Code 2016, is amended to read as follows:

   A vacancy in any of the offices listed in section 39.17 or in the office of sheriff shall be filled by one of the two following procedures:
    Sec. 4.  Section 69.14A, subsection 4, Code 2016, is amended to read as follows:
   4.  Notwithstanding subsections 1 and 2, if a nomination has been made at the primary election for an a partisan office in which a vacancy has been filled by appointment, the office shall be filled at the next general election, and not at any special election in the same political subdivision.
    Sec. 5.  Section 97B.49C, subsection 1, paragraph e, Code 2016, is amended to read as follows:
   e.  “Sheriff” means a county sheriff as defined in elected or appointed to that office as described in section 39.17 331.651.
    Sec. 6.  Section 97B.49G, subsection 7, paragraph a, subparagraph (3), subparagraph division (a), Code 2016, is amended to read as follows:
   (a)  As a county sheriff as defined in elected or appointed to that office as described in section 39.17 331.651.
    Sec. 7.  Section 331.651, subsection 1, Code 2016, is amended to read as follows:
   1.  The office of sheriff is an a nonpartisan elective office. However, if a vacancy occurs in the office, the first deputy shall assume the office after qualifying as provided in this section. The first deputy shall hold the office until a successor is appointed or elected to the unexpired term as provided in chapter 69 section 69.14A. If a sheriff is suspended from office, the district court may appoint a sheriff until a temporary appointment is made by the board as provided in section 66.19.
    Sec. 8.  Section 331.661, subsection 3, Code 2016, is amended to read as follows:
   3.  The office of multicounty sheriff is created effective on January 1 of the year following the next general election at which the county sheriff is elected as provided by this section and section 39.17 39.21.
    Sec. 9.  IMPLEMENTATION —— IOWA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM.  Notwithstanding the provisions of this Act amending sections 97B.49C and 97B.49G, the definition of sheriff in those sections shall include those persons who qualified as a sheriff prior to the effective date of this Act.
    Sec. 10.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill provides that county sheriffs shall be elected on a nonpartisan basis beginning with the general election in November 2016. The bill also provides that vacancies in the office of sheriff shall be filled in the manner provided for partisan county offices.
   The bill takes effect upon enactment.