Bill Text: IA HF335 | 2015-2016 | 86th General Assembly | Introduced


Bill Title: A bill for an act relating to county compensation boards by requiring that members of the board be elected and that the board review benefits paid to certain comparable officers.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2015-02-25 - Passed subcommittee. [HF335 Detail]

Download: Iowa-2015-HF335-Introduced.html
House File 335 - Introduced




                                 HOUSE FILE       
                                 BY  GASSMAN and SHEETS

                                      A BILL FOR

  1 An Act relating to county compensation boards by requiring that
  2    members of the board be elected and that the board review
  3    benefits paid to certain comparable officers.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 331.321, subsection 1, paragraph l, Code
  1  2 2015, is amended by striking the paragraph.
  1  3    Sec. 2.  Section 331.905, subsections 1 and 2, Code 2015,
  1  4 are amended by striking the subsections and inserting in lieu
  1  5 thereof the following:
  1  6    1.  The county compensation board shall consist of seven
  1  7 members elected on a nonpartisan basis at the general election
  1  8 for staggered four=year terms commencing on the first day
  1  9 of January that is not a Sunday or holiday following their
  1 10 election. Any eligible elector residing in the county is
  1 11 eligible to the office of board member. If a member is absent
  1 12 for sixty percent or more of monthly meetings during any
  1 13 twelve=month period, the other members by their unanimous
  1 14 vote may declare the member's office vacant. A vacancy in
  1 15 the office of board member shall be filled by appointment by
  1 16 the remaining members of the board until the next succeeding
  1 17 general election, at which time the balance of the unexpired
  1 18 term shall be filled as provided by section 69.12.
  1 19    2.  At each general election, a successor shall be chosen
  1 20 for each board member whose term will expire in the succeeding
  1 21 January.
  1 22    a.  Nomination of candidates for the office of board member
  1 23 shall be made by petition in accordance with chapter 45, except
  1 24 that each candidate's nominating petition shall be signed by
  1 25 at least twenty=five eligible electors of the county. The
  1 26 petition form shall be furnished by the county commissioner of
  1 27 elections.
  1 28    b.  Every candidate shall file with the nomination papers
  1 29 an affidavit stating the candidate's name, the candidate's
  1 30 residence, that the person is a candidate and is eligible for
  1 31 the office of board member, and that if elected the candidate
  1 32 will qualify for the office. The affidavit shall also state
  1 33 that the candidate is aware that the candidate is disqualified
  1 34 from holding office if the candidate has been convicted of a
  1 35 felony or an infamous crime and the candidate's rights have not
  2  1 been restored by the governor or by the president of the United
  2  2 States.
  2  3    c.  The signed petitions shall be filed with the county
  2  4 commissioner of elections not later than 5:00 p.m. on the
  2  5 sixty=ninth day before the general election.
  2  6    d.  The votes for the office of board member shall be
  2  7 canvassed in the same manner as the votes for county officers,
  2  8 and the returns shall be certified to the county board of
  2  9 supervisors. A plurality is sufficient to elect board members,
  2 10 and a primary election for the office shall not be held.
  2 11    Sec. 3.  Section 331.907, subsection 1, Code 2015, is amended
  2 12 to read as follows:
  2 13    1.  The annual compensation of the auditor, treasurer,
  2 14 recorder, sheriff, county attorney, and supervisors shall
  2 15 be determined as provided in this section. The county
  2 16 compensation board annually shall review the compensation
  2 17 and benefits paid to comparable officers in other counties
  2 18 of this state, other states, private enterprise, and the
  2 19 federal government. In setting the salary of the county
  2 20 sheriff, the county compensation board shall consider setting
  2 21 the sheriff's salary so that it is comparable to salaries
  2 22 paid to professional law enforcement administrators and
  2 23 command officers of the state patrol, the division of criminal
  2 24 investigation of the department of public safety, and city
  2 25 police agencies in this state. The county compensation board
  2 26 shall prepare a compensation and benefits schedule for the
  2 27 elective county officers for the succeeding fiscal year. A
  2 28 recommended compensation and benefits schedule requires a
  2 29 majority vote of the membership of the county compensation
  2 30 board.
  2 31    Sec. 4.  TRANSITION PROVISIONS.
  2 32    1.  Membership terms of all county compensation board
  2 33 members serving on the effective date of this Act shall expire
  2 34 on December 31, 2016.
  2 35    2.  In each county, the canvass following the general
  3  1 election held in 2016 shall declare that the four candidates
  3  2 receiving the highest, second highest, third highest, and
  3  3 fourth highest number of votes are elected to serve four=year
  3  4 terms and those offices shall next appear on the ballot at the
  3  5 general election held in 2020. In each county, the canvass
  3  6 following the general election held in 2016 shall also declare
  3  7 that the three candidates receiving the fifth highest, sixth
  3  8 highest, and seventh highest number of votes shall serve
  3  9 initial two=year terms, and those offices shall next appear on
  3 10 the ballot at the general election held in 2018.
  3 11                           EXPLANATION
  3 12 The inclusion of this explanation does not constitute agreement with
  3 13 the explanation's substance by the members of the general assembly.
  3 14    This bill relates to county compensation boards by requiring
  3 15 that members of the county compensation board be elected and
  3 16 that the board review benefits paid to comparable officers.
  3 17    Under current law, members of the county compensation board
  3 18 are appointed by the board of supervisors, county auditor,
  3 19 county attorney, county recorder, county treasurer, and county
  3 20 sheriff, with the board of supervisors appointing two members.
  3 21 The bill provides for the election of the seven=member county
  3 22 compensation board to four=year staggered terms. The bill
  3 23 makes provisions related to qualification and elections
  3 24 administration, and includes transition provisions.
  3 25    Under current law, the county compensation board, in
  3 26 making recommendations for the compensation of elected county
  3 27 officers, is required to annually review the compensation paid
  3 28 to comparable officers in other counties of this state, other
  3 29 states, private enterprise, and the federal government. The
  3 30 bill requires that the board also review the benefits paid to
  3 31 such comparable officers.
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