House File 712 - Reprinted HOUSE FILE BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO HF 232) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act allowing counties to share the services of certain 2 elective county officers. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2076HV 81 5 sc/sh/8 PAG LIN 1 1 Section 1. Section 69.14A, subsection 2, unnumbered 1 2 paragraph 1, Code 2005, is amended to read as follows: 1 3 A vacancy in any of the offices listed in section 39.17 1 4 shall be filled by one of thetwofollowing procedures: 1 5 Sec. 2. Section 69.14A, subsection 2, paragraph b, 1 6 unnumbered paragraph 1, Code 2005, is amended to read as 1 7 follows: 1 8 By special election held to fill the office for the 1 9 remaining balance of the unexpired term. The board of 1 10 supervisors may, on its own motion, or shall, upon receipt of 1 11 a petition as provided in paragraph "a" or "c", call for a 1 12 special election to fill the vacancy in lieu of appointment. 1 13 The supervisors shall order the special election at the 1 14 earliest practicable date, but giving at least thirty=two 1 15 days' notice of the election. A special election called under 1 16 this section shall be held on a Tuesday and shall not be held 1 17 on the same day as a school election within the county. 1 18 Sec. 3. Section 69.14A, subsection 2, Code 2005, is 1 19 amended by adding the following new paragraph: 1 20 NEW PARAGRAPH. c. By appointment by the board of 1 21 supervisors of a county officer in another county. The 1 22 appointment shall be made by agreement of the boards of 1 23 supervisors of the counties, pursuant to chapter 28E, and the 1 24 appointment shall be of the officer holding the equivalent 1 25 office to that which is vacant. The appointment shall be for 1 26 the period until the next pending election as defined in 1 27 section 69.12, and shall be made within forty days after the 1 28 vacancy occurs. If the board of supervisors of the county 1 29 where the vacancy has occurred chooses to proceed under this 1 30 paragraph, the board shall publish notice in the manner 1 31 prescribed by section 331.305 stating that the board intends 1 32 to fill the vacancy by appointment of a county officer in 1 33 another county but that the electors of the county have the 1 34 right to file a petition requiring that the vacancy be filled 1 35 by special election. The board may publish notice in advance 2 1 if an elected official submits a resignation to take effect at 2 2 a future date. The board may make an appointment to fill the 2 3 vacancy after the notice is published or after the vacancy 2 4 occurs, whichever is later. A person appointed under this 2 5 paragraph is not required to be a resident of the county 2 6 filling the vacancy by appointment. 2 7 However, if within fourteen days after publication of the 2 8 notice or within fourteen days after the appointment is made, 2 9 a petition is filed with the county auditor requesting a 2 10 special election to fill the vacancy, the appointment is 2 11 temporary and a special election shall be called as provided 2 12 in paragraph "b". The petition shall meet the requirements of 2 13 section 331.306. 2 14 HF 712 2 15 sc:nh/es/25