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 the two following 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