H.F. 2312 Section 1. Section 161A.5, subsection 2, Code 2022, 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 7 eligible to the office of commissioner, except that not more 8 than two commissioners shall at any one time be a resident of 9 any one township. A vacancy is created in the office of any 10 commissioner who changes residence into a township where two 11 commissioners then reside. 12 c. If a commissioner is absent for sixty or more percent 13 of monthly meetings during any twelve-month period, the other 14 commissioners by their unanimous vote may declare the member’s 15 office vacant. A vacancy in the office of commissioner shall 16 be filled by appointment of the committee until the next 17 succeeding general election, at which time the balance of the 18 unexpired term shall be filled as provided by section 69.12 . 19 Sec. 2. Section 161A.5, Code 2022, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 4. a. A vacancy in the office of 22 commissioner of a district shall be filled by a person 23 appointed by the committee. 24 b. The commission shall declare a vacancy in the office 25 of commissioner not later than thirty days after the vacancy 26 occurs. The vacancy may be based on a commissioner’s 27 death or the commission’s acceptance of the commissioner’s 28 resignation. A vacancy is created when a commissioner changes 29 residence into a township where two commissioners then reside. 30 If a commissioner is absent for sixty percent or more of 31 monthly meetings during any twelve-month period, the other 32 commissioners by unanimous vote may declare the member’s office 33 vacant. 34 c. The commissioners shall publish notice of the vacancy in 35 -1- LSB 5625YH (7) 89 da/ns 1/ 3

H.F. 2312 the district pursuant to section 331.305. The commissioners 1 shall nominate one or more qualified electors residing in the 2 district to the committee. The commissioners shall make the 3 nominations in open session as provided in chapter 21. The 4 commissioners shall consider representation on the commission 5 that reflects the diversity of the district’s population. 6 The commissioners shall accept applications from eligible 7 electors residing in the district. Not earlier than thirty 8 days after the notice of the vacancy was first published, 9 the commissioners shall submit to the committee a list and 10 qualifications of eligible electors residing in the district 11 who are nominated by the commissioners and applicants who 12 submitted timely applications to the commissioners. 13 d. The committee shall review the lists of all nominees 14 and applicants in open session as provided in chapter 21. The 15 committee shall place consideration of the appointment on the 16 published agenda of the next regularly scheduled meeting of the 17 committee following receipt of nominations and applications. 18 The committee shall make all decisions regarding an appointment 19 in open session as provided in chapter 21. The committee shall 20 consider representation on the commission that reflects the 21 diversity of the district’s population. 22 e. The vacancy shall be filled until the next succeeding 23 general election, at which time the balance of the unexpired 24 term shall be filled as provided by section 69.12. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 BACKGROUND. This bill amends provisions in Code chapter 29 161A, known as the “soil conservation districts law” (Code 30 section 161A.1), established within the jurisdiction of the 31 department of agriculture and land stewardship (DALS). There 32 are 100 soil and water conservation districts (districts) 33 (Code section 161A.5(1)). The governing body of a district 34 consists of five commissioners elected on a nonpartisan 35 -2- LSB 5625YH (7) 89 da/ns 2/ 3

H.F. 2312 basis for staggered four-year terms (Code section 161A.5(2)). 1 The state soil conservation and water quality committee 2 (committee) consisting of nine governor-appointed members 3 together with DALS’ division of soil conservation and water 4 quality oversees the districts and the commissioners for each 5 district (Code section 161A.4). A vacancy may occur on a 6 commission for various reasons, including when a commissioner 7 changes residence into a township where two commissioners then 8 reside. A vacancy may also occur based on a commissioner’s 9 nonattendance. A vacancy is filled by a person appointed by 10 the committee until the next succeeding general election (Code 11 section 161A.5(2)). 12 BILL’S PROVISIONS. The bill requires the commissioners 13 to publish a notice of a vacancy in the district and accept 14 applications from persons interested in being appointed to fill 15 that vacancy. The commissioners must submit to the committee 16 a list of the names and qualifications of one or more persons 17 nominated by the commissioners and any applications that it 18 received after publishing the notice. The committee must 19 place consideration of the appointment on the published agenda 20 for the next regularly scheduled meeting of the committee 21 following receipt of the list of nominations and applications. 22 The commissioners and the committee shall make all decisions 23 regarding an appointment in open session under Iowa’s open 24 meeting law (Code chapter 21). The commissioners and the 25 committee must consider representation on the commission 26 in a manner that reflects the diversity of the district’s 27 population. 28 -3- LSB 5625YH (7) 89 da/ns 3/ 3