H.F. _____ Section 1. NEW SECTION . 359.53 Petition and proposition for 1 severance and annexation of a township. 2 1. If a township, located in a county with a population of 3 one hundred thirty thousand or greater, as shown by the most 4 recent federal decennial census, shares a boundary with another 5 county of this state, the eligible electors of such township 6 may petition for annexation by that other county. A petition 7 under this section is valid if signed by eligible electors of 8 the township equal in number to at least twenty percent of the 9 votes cast in the township for the office of president of the 10 United States or governor at the preceding general election. 11 The petition shall include a clear description of the township 12 severance and annexation, the signatures of the petitioners, a 13 statement of their place of residence, including house number 14 and street address, if any, and the date on which they signed 15 the petition. 16 2. Petitions authorized by this section shall be filed 17 with the board of supervisors not later than eighty-two days 18 before the date of the general election. If the petition is 19 found to be valid, the board of supervisors shall, not later 20 than sixty-nine days before the general election, notify the 21 county commissioner of elections to submit the question to the 22 registered voters of the township at the general election. 23 3. A petition shall be examined before it is accepted for 24 filing. If it appears valid on its face it shall be accepted 25 for filing. If it lacks the required number of signatures it 26 shall be returned to the petitioners. 27 4. Petitions which have been accepted for filing are valid 28 unless written objections are filed. Objections must be 29 filed with the county auditor within five working days after 30 the petition was filed. The objection process in section 31 44.7 shall be followed for objections filed pursuant to this 32 section. 33 5. a. At the general election, the proposition shall be 34 submitted to the registered voters of the township in the 35 -1- LSB 1970YC (7) 87 aw/rj 1/ 7

H.F. _____ following form: 1 Shall the township of ....., county of ....., state of Iowa, 2 become a part of the county of ....., state of Iowa? 3 b. The proposition is approved if sixty percent of those 4 voting on the proposition vote in favor of it. 5 6. If a proposition is approved pursuant to this section, 6 the board of supervisors of the severing county shall within 7 thirty days provide by resolution a plan for the transfer and 8 the equitable distribution of assets and equitable distribution 9 and assumption of liabilities of the township as between 10 the severing county and the annexing county to be completed 11 within one year following acceptance of the annexing county’s 12 board of supervisors. Immediately following adoption of a 13 resolution under this subsection, the board of supervisors for 14 the severing county shall provide notice of the approval of the 15 proposition and a copy of the resolution containing the plan to 16 the board of supervisors of the annexing county. 17 Sec. 2. NEW SECTION . 359.54 Severance and annexation of a 18 township —— process —— judicial review. 19 1. Within thirty days of receiving notice pursuant to 20 section 359.52, subsection 6, the board of supervisors of 21 an annexing county shall consider the plan approved by the 22 severing county’s board of supervisors and shall accept 23 or decline the plan for the annexation of the township by 24 resolution or present a petition to a court of record under 25 subsection 2. 26 2. a. The board of supervisors of an annexing county may 27 present to a court of record a petition, duly verified, setting 28 forth that the plan by the severing county for the distribution 29 of assets and distribution and assumption of liabilities of the 30 township is inequitable, in whole or in part, and specifying 31 the alleged inequities. 32 b. (1) Upon the presentation of a petition under this 33 subsection, the court may allow a writ of certiorari directed 34 to the board of supervisors of the severing county to review 35 -2- LSB 1970YC (7) 87 aw/rj 2/ 7

H.F. _____ the plan and shall prescribe therein the time within which 1 a response thereto must be made and served upon the county 2 attorney of the annexing county, which shall not be less than 3 ten days and may be extended by the court. The allowance of the 4 writ shall not stay proceedings regarding consideration of a 5 resolution to accept or decline to accept the plan. 6 (2) The response by the board of supervisors of the annexing 7 county shall concisely set forth such facts as may be pertinent 8 and material to respond to the rationale and findings relied 9 upon to prepare the plan. 10 c. If upon the hearing it shall appear to the court that 11 testimony is necessary for the proper disposition of the 12 matter, the court may take evidence or appoint a referee to 13 take such evidence as the court may direct and report the 14 same to the court with the referee’s findings of fact and 15 conclusions of law, which shall constitute a part of the 16 proceedings upon which the determination of the court shall be 17 made. The court may affirm, wholly or partly, or may modify 18 the plan brought up for review. 19 d. Within thirty days of a determination being made under 20 paragraph “c” , the board of supervisors of the annexing county 21 shall consider the affirmed or modified plan and shall accept 22 or decline to accept the plan by resolution. 23 e. Costs shall not be allowed against the severing county’s 24 board of supervisors, unless it shall appear to the court that 25 the severing county’s board of supervisors acted with gross 26 negligence or in bad faith or with malice in approving the 27 resolution appealed from. 28 f. All issues in any proceedings under this subsection shall 29 have preference over all other civil actions and proceedings. 30 3. If the board of supervisors of the annexing county 31 approves a resolution accepting the plan to annex a township 32 under this section, the annexation shall be completed as 33 provided for in the annexing county’s resolution. The board 34 of supervisors of an annexing county shall file a copy of a 35 -3- LSB 1970YC (7) 87 aw/rj 3/ 7

H.F. _____ resolution accepting the plan to annex the township and the 1 applicable plan with the board of supervisors of the severing 2 county, secretary of state, and department of transportation. 3 The county recorder of an annexing county shall record a copy 4 of any resolution accepting the annexation of a township under 5 this section. 6 Sec. 3. NEW SECTION . 359.55 Annexed townships —— federal, 7 state, and county electoral provisions. 8 1. Notwithstanding the transfer of any township to an 9 annexing county pursuant to sections 359.53 and 359.54, a 10 township shall be considered a part of the congressional and 11 legislative districts to which the township was last designated 12 pursuant to sections 40.1, 41.1, and 41.2. 13 2. Notwithstanding section 331.206, subsection 2, following 14 the transfer of a township pursuant to sections 359.53 and 15 359.54, the board of supervisors of a severing county and the 16 board of supervisors of an annexing county shall each select a 17 plan pursuant to section 331.206, subsection 1. 18 Sec. 4. Section 331.209, subsection 1, Code 2017, is amended 19 to read as follows: 20 1. Not later than ninety days after the redistricting of 21 congressional and legislative districts becomes law, or October 22 15 of the year immediately following each year in which the 23 federal decennial census is taken, whichever is later, the 24 temporary county redistricting commission shall divide the 25 county into a number of supervisor districts corresponding 26 to the number of supervisors in the county. However, if the 27 plan is selected pursuant to section 359.55, subsection 2, or 28 section 331.207 , the temporary county redistricting commission 29 shall divide the county before February 15 of the next general 30 election year. The supervisor districts shall be drawn, to 31 the extent applicable, in compliance with the redistricting 32 standards provided for senatorial and representative districts 33 in section 42.4 , and if a supervisor redistricting plan is 34 challenged in court, the requirement of justifying any variance 35 -4- LSB 1970YC (7) 87 aw/rj 4/ 7

H.F. _____ in excess of one percent contained in section 42.4, subsection 1 1 , paragraph “c” applies to the board. If the temporary county 2 redistricting commission adopts a supervisor redistricting 3 plan with a variance in excess of one percent, the board shall 4 publish the justification for the variance in one or more 5 official newspapers as provided in chapter 349 within ten 6 days after the action is taken. If more than one incumbent 7 supervisor resides in the same supervisor district after the 8 districts have been redrawn following the federal decennial 9 census, the terms of office of those supervisors shall expire 10 on the first day of January that is not a Sunday or a holiday 11 following the next general election. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill allows a township of one county to petition for 16 annexation by another county. 17 Under the bill, the eligible electors of a township, located 18 in a county with a population of 130,000 or more, that shares 19 a boundary with another county may petition for annexation 20 by that other county. A petition is valid if signed by 20 21 percent of the eligible electors of the township that cast 22 votes in the township for the office of president of the United 23 States or governor at the preceding general election. A 24 petition for such an annexation must be filed with the board 25 of supervisors not later than 82 days before the general 26 election and the board of supervisors is required to notify 27 the county commissioner of elections to submit the question to 28 the registered voters of the township at the general election. 29 Under the bill, petitions which have been accepted for filing 30 are valid unless written objections are filed as provided for 31 under the bill. 32 The bill provides for the form of a proposition to be 33 submitted to the registered voters of the township and 34 provides that such a proposition is approved if 60 percent 35 -5- LSB 1970YC (7) 87 aw/rj 5/ 7

H.F. _____ of those voting on the proposition vote in favor of it. 1 If a proposition is approved, the board of supervisors of 2 the severing county is required to provide by resolution a 3 one-year plan for the equitable distribution of assets and 4 equitable distribution and assumption of liabilities of the 5 township as between the severing county and the annexing 6 county. Immediately following adoption of a plan, the board 7 of supervisors for the severing county is required to provide 8 notice of the approval of the proposition and a copy of the 9 plan to the board of supervisors of the annexing county. 10 Within 30 days of receiving notice from a severing county, 11 the board of supervisors of an annexing county is required 12 to consider the plan approved by the severing county’s board 13 of supervisors and accept or decline to accept the plan for 14 annexation of the township by resolution or present a petition 15 to a court of record for judicial review. 16 Under the bill, the board of supervisors of an annexing 17 county may present a petition to a court of record, setting 18 forth that the resolution and plan by the severing county for 19 the distribution of assets and distribution and assumption 20 of liabilities of the township is inequitable, in whole or 21 in part, and specifying the alleged inequities. The bill 22 establishes procedures for the judicial review and allows 23 the court to affirm, wholly or partly, or modify the plan 24 brought up for review. Within 30 days following a judicial 25 determination, the board of supervisors of the annexing county 26 is required to consider the affirmed or modified plan and 27 accept or decline to accept the plan for annexation of the 28 township by resolution. 29 The bill requires that an annexation be completed as 30 provided for in the resolution approved by the annexing county. 31 The board of supervisors of an annexing county is required 32 to file a copy of a resolution accepting the transfer of a 33 township and the applicable plan with the board of supervisors 34 of the severing county, secretary of state, and department of 35 -6- LSB 1970YC (7) 87 aw/rj 6/ 7

H.F. _____ transportation. The county recorder of an annexing county is 1 also required to record a copy of any resolution accepting the 2 transfer of a township and the applicable plan. 3 Under the bill, following the transfer of a township, 4 the boards of supervisors of severing and annexing counties 5 are required to select district representation plans for the 6 county. If a board of supervisors selects certain plans, the 7 temporary county redistricting commission is required to divide 8 that county by February 15 of the next general election year. 9 Under the bill, a township that is annexed by another county is 10 required to remain within the township’s current congressional 11 and legislative districts. 12 -7- LSB 1970YC (7) 87 aw/rj 7/ 7