House File 244 - Introduced HOUSE FILE 244 BY WILLS A BILL FOR An Act relating to the election of commissioners of soil and 1 water conservation districts. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2107YH (4) 87 da/rj
H.F. 244 Section 1. Section 161A.5, subsection 2, Code 2017, is 1 amended to read as follows: 2 2. a. The governing body of each district shall consist of 3 five commissioners elected on a nonpartisan basis for staggered 4 four-year terms commencing on the first day of January that is 5 not a Sunday or holiday following their election. 6 b. Any eligible elector residing in the district is eligible 7 to the office of commissioner, except that no not more than 8 one commissioner two commissioners shall at any one time be 9 a resident of any one township. A vacancy is created in 10 the office of any commissioner who changes residence into a 11 township where another commissioner two commissioners then 12 resides reside . 13 c. If a commissioner is absent for sixty or more percent 14 of monthly meetings during any twelve-month period, the other 15 commissioners by their unanimous vote may declare the member’s 16 office vacant. A vacancy in the office of commissioner 17 shall be filled by appointment of the state soil conservation 18 committee until the next succeeding general election, at which 19 time the balance of the unexpired term shall be filled as 20 provided by section 69.12 . 21 Sec. 2. Section 161A.5, subsection 3, paragraph e, Code 22 2017, is amended to read as follows: 23 e. If the canvass shows that the two or three candidates 24 receiving the highest and the second highest number of votes 25 for the office of district commissioner are both all residents 26 of the same township, the board shall certify as elected the 27 candidate who received the two candidates receiving the highest 28 number of votes for the office and the candidate receiving 29 the next highest number of votes for the office who is not 30 a resident of the same township as the candidate receiving 31 the highest number of votes , if any . If one commissioner 32 whose term has not expired is a resident of the township, 33 and the canvass shows that two or three candidates receiving 34 the highest number of votes for the office are from the same 35 -1- LSB 2107YH (4) 87 da/rj 1/ 2
H.F. 244 township, the board shall certify as elected the candidate 1 receiving the highest number of votes for the office and the 2 candidate receiving the next highest number of votes for the 3 office who is not a resident of the same township, if any, as 4 the candidate receiving the highest number of votes. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 BILL. This bill provides that two out of five soil and water 9 conservation commissioners may reside in the same township. 10 BACKGROUND. The state contains 100 soil and water 11 conservation districts whose respective jurisdictions are 12 generally based on county lines. Each district is governed 13 by nonpartisan commissioners who are elected to serve 14 for four-year staggered terms. Under current law, only 15 one commissioner may reside in a single township and if 16 a commissioner moves to live in a township where another 17 commissioner resides, the moving commissioner’s office becomes 18 vacant and a replacement is appointed for the unexpired term by 19 the state soil conservation committee. 20 -2- LSB 2107YH (4) 87 da/rj 2/ 2