Text: H08176                            Text: H08178
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House Amendment 8177

Amendment Text

PAG LIN
  1  1    Amend House File 2486 as follows:
  1  2    #1.  Page 8, line 17, by striking the word
  1  3 "Establish", and inserting the following:  "Adopt
  1  4 rules establishing".
  1  5    #2.  Page 8, line 18, by inserting after the word
  1  6 "reviewing" the following:  "and investigating".
  1  7    #3.  Page 8, line 21, by striking the word
  1  8 "described", and inserting the following:  "defined".
  1  9    #4.  Page 8, line 22, by striking the figure
  1 10 "42.4", and inserting the following:  "331.210A".
  1 11    #5.  Page 8, line 24, by striking the word
  1 12 "section" and inserting the following:  "sections
  1 13 68B.32C and".
  1 14    #6.  Page 8, by inserting after line 25 the
  1 15 following:
  1 16    "Sec.    .  Section 331.209, subsection 1, Code
  1 17 2001, is amended to read as follows:
  1 18    1.  Not later than ninety days after After the
  1 19 redistricting of congressional and legislative
  1 20 districts becomes law, or October 15 of and no later
  1 21 than the date set by the state commissioner of
  1 22 elections in the year immediately following each the
  1 23 year in which the federal decennial census is taken,
  1 24 whichever is later, the temporary county redistricting
  1 25 commission shall divide the county into a number of
  1 26 supervisor districts corresponding to the number of
  1 27 supervisors in the county.  However, if the plan is
  1 28 selected pursuant to section 331.207, the temporary
  1 29 county redistricting commission shall divide the
  1 30 county before February 15 of the election year.  The
  1 31 supervisor districts shall be drawn, to the extent
  1 32 applicable, in compliance with the redistricting
  1 33 standards provided for senatorial and representative
  1 34 districts in section 42.4, and if a supervisor
  1 35 redistricting plan is challenged in court, the
  1 36 requirement of justifying any variance in excess of
  1 37 one percent contained in section 42.4, subsection 1,
  1 38 paragraph "c" applies to the board.  If the temporary
  1 39 county redistricting commission adopts a supervisor
  1 40 redistricting plan with a variance in excess of one
  1 41 percent, the board shall publish the justification for
  1 42 the variance in one or more official newspapers as
  1 43 provided in chapter 349 within ten days after the
  1 44 action is taken.  If more than one incumbent
  1 45 supervisor resides in the same supervisor district
  1 46 after the districts have been redrawn following the
  1 47 federal decennial census, the terms of office of those
  1 48 supervisors shall expire on the first day of January
  1 49 that is not a Sunday or a holiday following the next
  1 50 general election."
  2  1    #7.  By striking page 8, line 28, through page 9,
  2  2 line 11, and inserting the following:
  2  3    "e.  The plan approved by the board of supervisors
  2  4 shall be submitted to the state commissioner of
  2  5 elections for review and approval as provided in
  2  6 subsection 5.  If the plan does not meet the standards
  2  7 of section 42.4, the state commissioner shall reject
  2  8 the plan, and the board of supervisors shall direct
  2  9 the commission to prepare and adopt an acceptable
  2 10 plan."
  2 11    #8.  Page 9, by inserting after line 17, the
  2 12 following:
  2 13    "Sec.    .  Section 331.210A, Code 2001, is amended
  2 14 by adding the following new subsection:
  2 15    NEW SUBSECTION.  5.  SUPERVISOR REPRESENTATION PLAN
  2 16 REVIEW.
  2 17    a.  A supervisor representation plan approved by
  2 18 the board of supervisors under this section shall be
  2 19 submitted to the state commissioner of elections for
  2 20 review and approval.  The state commissioner shall
  2 21 determine if all legal requirements applicable to the
  2 22 plan have been met, including compliance with the
  2 23 standards of section 42.4, prior to approving the
  2 24 plan.  If the applicable legal requirements have not
  2 25 been met, the state commissioner shall make or cause
  2 26 to be made the necessary changes as permitted by
  2 27 section 321.209, subsection 4, or shall require the
  2 28 board of supervisors to direct the commission to
  2 29 prepare and adopt an acceptable plan.
  2 30    b.  (1)  For purposes of determining whether a
  2 31 supervisor representation plan has met the statutory
  2 32 requirement that a plan not be drawn for improper
  2 33 political reasons, an eligible elector may file a
  2 34 complaint with the state commissioner of elections
  2 35 within fourteen days after a plan has been approved by
  2 36 the board of supervisors of the county in which the
  2 37 eligible elector resides, on a form prescribed by the
  2 38 state commissioner, alleging that the plan was drawn
  2 39 for improper political reasons.  The eligible elector
  2 40 filing a complaint under this paragraph shall post a
  2 41 bond in the amount of two hundred dollars.  For
  2 42 purposes of this paragraph, "a plan drawn for improper
  2 43 political reasons" means a plan approved by the board
  2 44 that contains at least one district that has been
  2 45 drawn for one or more of the purposes prohibited in
  2 46 section 42.4, subsection 5, or a plan approved by the
  2 47 board in which consideration was given to one or more
  2 48 prohibited factors listed in section 49.3, subsection
  2 49 4, paragraph "d".
  2 50    (2)  If a complaint is filed with the state
  3  1 commissioner of elections under this paragraph "b",
  3  2 the state commissioner shall promptly forward the
  3  3 complaint to the ethics and campaign disclosure board
  3  4 established in section 68B.32 for its review and
  3  5 investigation.  Following completion of its review and
  3  6 investigation, the ethics and campaign disclosure
  3  7 board shall report its findings to the state
  3  8 commissioner of elections, including notification of
  3  9 whether probable cause exists to believe the plan was
  3 10 drawn for improper political reasons.  If the ethics
  3 11 and campaign disclosure board finds probable cause to
  3 12 believe the plan was drawn for improper political
  3 13 reasons, the state commissioner shall reject the plan.
  3 14    (3)  If a plan is rejected pursuant to this
  3 15 paragraph "b", the bond posted shall be returned to
  3 16 the eligible elector who filed the complaint.  If a
  3 17 plan is not rejected pursuant to this paragraph "b",
  3 18 the bond shall be deposited in the general fund of the
  3 19 state."
  3 20    #9.  By renumbering as necessary.  
  3 21 
  3 22 
  3 23                               
  3 24 METCALF of Polk
  3 25 HF 2486.701 79
  3 26 ec/cls

Text: H08176                            Text: H08178
Text: H08100 - H08199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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