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House File 2312 - IntroducedA Bill ForAn Act 1providing for the filling of a vacancy in the office of
2commissioner of soil and water conservation districts.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 161A.5, subsection 2, Code 2022, is
2amended to read as follows:
32. a. The governing body of each district shall consist of
4five commissioners elected on a nonpartisan basis for staggered
5four-year terms commencing on the first day of January that is
6not a Sunday or holiday following their election.
7b. Any eligible elector residing in the district is
8eligible to the office of commissioner, except that not more
9than two commissioners shall at any one time be a resident of
10any one township. A vacancy is created in the office of any
11commissioner who changes residence into a township where two
12commissioners then reside.
13c. If a commissioner is absent for sixty or more percent
14of monthly meetings during any twelve-month period, the other
15commissioners by their unanimous vote may declare the member’s
16office vacant. A vacancy in the office of commissioner shall
17be filled by appointment of the committee until the next
18succeeding general election, at which time the balance of the
19unexpired term shall be filled as provided by section 69.12.
20 Sec. 2. Section 161A.5, Code 2022, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 4. a. A vacancy in the office of
23commissioner of a district shall be filled by a person
24appointed by the committee.
25b. The commission shall declare a vacancy in the office
26of commissioner not later than thirty days after the vacancy
27occurs. The vacancy may be based on a commissioner’s
28death or the commission’s acceptance of the commissioner’s
29resignation. A vacancy is created when a commissioner changes
30residence into a township where two commissioners then reside.
31If a commissioner is absent for sixty percent or more of
32monthly meetings during any twelve-month period, the other
33commissioners by unanimous vote may declare the member’s office
34vacant.
35c. The commissioners shall publish notice of the vacancy in
-1-1the district pursuant to section 331.305. The commissioners
2shall nominate one or more qualified electors residing in the
3district to the committee. The commissioners shall make the
4nominations in open session as provided in chapter 21. The
5commissioners shall consider representation on the commission
6that reflects the diversity of the district’s population.
7The commissioners shall accept applications from eligible
8electors residing in the district. Not earlier than thirty
9days after the notice of the vacancy was first published,
10the commissioners shall submit to the committee a list and
11qualifications of eligible electors residing in the district
12who are nominated by the commissioners and applicants who
13submitted timely applications to the commissioners.
14d. The committee shall review the lists of all nominees
15and applicants in open session as provided in chapter 21. The
16committee shall place consideration of the appointment on the
17published agenda of the next regularly scheduled meeting of the
18committee following receipt of nominations and applications.
19The committee shall make all decisions regarding an appointment
20in open session as provided in chapter 21. The committee shall
21consider representation on the commission that reflects the
22diversity of the district’s population.
23e. The vacancy shall be filled until the next succeeding
24general election, at which time the balance of the unexpired
25term shall be filled as provided by section 69.12.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29BACKGROUND. This bill amends provisions in Code chapter
30161A, known as the “soil conservation districts law” (Code
31section 161A.1), established within the jurisdiction of the
32department of agriculture and land stewardship (DALS). There
33are 100 soil and water conservation districts (districts)
34(Code section 161A.5(1)). The governing body of a district
35consists of five commissioners elected on a nonpartisan
-2-1basis for staggered four-year terms (Code section 161A.5(2)).
2The state soil conservation and water quality committee
3(committee) consisting of nine governor-appointed members
4together with DALS’ division of soil conservation and water
5quality oversees the districts and the commissioners for each
6district (Code section 161A.4). A vacancy may occur on a
7commission for various reasons, including when a commissioner
8changes residence into a township where two commissioners then
9reside. A vacancy may also occur based on a commissioner’s
10nonattendance. A vacancy is filled by a person appointed by
11the committee until the next succeeding general election (Code
12section 161A.5(2)).
13BILL’S PROVISIONS. The bill requires the commissioners
14to publish a notice of a vacancy in the district and accept
15applications from persons interested in being appointed to fill
16that vacancy. The commissioners must submit to the committee
17a list of the names and qualifications of one or more persons
18nominated by the commissioners and any applications that it
19received after publishing the notice. The committee must
20place consideration of the appointment on the published agenda
21for the next regularly scheduled meeting of the committee
22following receipt of the list of nominations and applications.
23The commissioners and the committee shall make all decisions
24regarding an appointment in open session under Iowa’s open
25meeting law (Code chapter 21). The commissioners and the
26committee must consider representation on the commission
27in a manner that reflects the diversity of the district’s
28population.
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2commissioner of soil and water conservation districts.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 161A.5, subsection 2, Code 2022, is
2amended to read as follows:
32. a. The governing body of each district shall consist of
4five commissioners elected on a nonpartisan basis for staggered
5four-year terms commencing on the first day of January that is
6not a Sunday or holiday following their election.
7b. Any eligible elector residing in the district is
8eligible to the office of commissioner, except that not more
9than two commissioners shall at any one time be a resident of
10any one township. A vacancy is created in the office of any
11commissioner who changes residence into a township where two
12commissioners then reside.
13c. If a commissioner is absent for sixty or more percent
14of monthly meetings during any twelve-month period, the other
15commissioners by their unanimous vote may declare the member’s
16office vacant. A vacancy in the office of commissioner shall
17be filled by appointment of the committee until the next
18succeeding general election, at which time the balance of the
19unexpired term shall be filled as provided by section 69.12.
20 Sec. 2. Section 161A.5, Code 2022, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 4. a. A vacancy in the office of
23commissioner of a district shall be filled by a person
24appointed by the committee.
25b. The commission shall declare a vacancy in the office
26of commissioner not later than thirty days after the vacancy
27occurs. The vacancy may be based on a commissioner’s
28death or the commission’s acceptance of the commissioner’s
29resignation. A vacancy is created when a commissioner changes
30residence into a township where two commissioners then reside.
31If a commissioner is absent for sixty percent or more of
32monthly meetings during any twelve-month period, the other
33commissioners by unanimous vote may declare the member’s office
34vacant.
35c. The commissioners shall publish notice of the vacancy in
-1-1the district pursuant to section 331.305. The commissioners
2shall nominate one or more qualified electors residing in the
3district to the committee. The commissioners shall make the
4nominations in open session as provided in chapter 21. The
5commissioners shall consider representation on the commission
6that reflects the diversity of the district’s population.
7The commissioners shall accept applications from eligible
8electors residing in the district. Not earlier than thirty
9days after the notice of the vacancy was first published,
10the commissioners shall submit to the committee a list and
11qualifications of eligible electors residing in the district
12who are nominated by the commissioners and applicants who
13submitted timely applications to the commissioners.
14d. The committee shall review the lists of all nominees
15and applicants in open session as provided in chapter 21. The
16committee shall place consideration of the appointment on the
17published agenda of the next regularly scheduled meeting of the
18committee following receipt of nominations and applications.
19The committee shall make all decisions regarding an appointment
20in open session as provided in chapter 21. The committee shall
21consider representation on the commission that reflects the
22diversity of the district’s population.
23e. The vacancy shall be filled until the next succeeding
24general election, at which time the balance of the unexpired
25term shall be filled as provided by section 69.12.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29BACKGROUND. This bill amends provisions in Code chapter
30161A, known as the “soil conservation districts law” (Code
31section 161A.1), established within the jurisdiction of the
32department of agriculture and land stewardship (DALS). There
33are 100 soil and water conservation districts (districts)
34(Code section 161A.5(1)). The governing body of a district
35consists of five commissioners elected on a nonpartisan
-2-1basis for staggered four-year terms (Code section 161A.5(2)).
2The state soil conservation and water quality committee
3(committee) consisting of nine governor-appointed members
4together with DALS’ division of soil conservation and water
5quality oversees the districts and the commissioners for each
6district (Code section 161A.4). A vacancy may occur on a
7commission for various reasons, including when a commissioner
8changes residence into a township where two commissioners then
9reside. A vacancy may also occur based on a commissioner’s
10nonattendance. A vacancy is filled by a person appointed by
11the committee until the next succeeding general election (Code
12section 161A.5(2)).
13BILL’S PROVISIONS. The bill requires the commissioners
14to publish a notice of a vacancy in the district and accept
15applications from persons interested in being appointed to fill
16that vacancy. The commissioners must submit to the committee
17a list of the names and qualifications of one or more persons
18nominated by the commissioners and any applications that it
19received after publishing the notice. The committee must
20place consideration of the appointment on the published agenda
21for the next regularly scheduled meeting of the committee
22following receipt of the list of nominations and applications.
23The commissioners and the committee shall make all decisions
24regarding an appointment in open session under Iowa’s open
25meeting law (Code chapter 21). The commissioners and the
26committee must consider representation on the commission
27in a manner that reflects the diversity of the district’s
28population.
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