Bill Text: IA HF2312 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act providing for the filling of a vacancy in the office of commissioner of soil and water conservation districts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-09 - Introduced, referred to Natural Resources. H.J. 204. [HF2312 Detail]
Download: Iowa-2021-HF2312-Introduced.html
House
File
2312
-
Introduced
HOUSE
FILE
2312
BY
ISENHART
A
BILL
FOR
An
Act
providing
for
the
filling
of
a
vacancy
in
the
office
of
1
commissioner
of
soil
and
water
conservation
districts.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5625YH
(7)
89
da/ns
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
