Text: HF02485 Text: HF02487 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 42.3, subsection 1, Code 2001, is 1 2 amended to read as follows: 1 3 1. Not later than April 1 of each year ending in one, the 1 4 legislative service bureau shall deliver to the secretary of 1 5 the senate and the chief clerk of the house of representatives 1 6 identical bills embodying a plan of legislative and 1 7 congressional districting prepared in accordance with section 1 8 42.4. It is the intent of this chapter that the general 1 9 assembly shall bring the bill to a vote in either the senate 1 10 or the house of representatives expeditiously, but not less 1 11 thanseventhree days after the report of the commission 1 12 required by section 42.6 is received and made available to the 1 13 members of the general assembly, under a procedure or rule 1 14 permitting no amendments except those of a purely corrective 1 15 nature. It is further the intent of this chapter that if the 1 16 bill is approved by the first house in which it is considered, 1 17 it shall expeditiously be brought to a vote in the second 1 18 house under a similar procedure or rule. 1 19 However, if the population data for legislative districting 1 20 which the United States census bureau is required to provide 1 21 this state under Pub. L. No. 94-171 and, if used by the 1 22 legislative service bureau, the corresponding topologically 1 23 integrated geographic encoding and referencing data file for 1 24 that population data, are not available to the legislative 1 25 service bureau on or before February 15 of the year ending in 1 26 one, the dates set forth in this subsection shall be extended 1 27 by a number of days equal to the number of days after February 1 28 15 of the year ending in one that the federal census 1 29 population data and the topologically integrated geographic 1 30 encoding and referencing data file for legislative districting 1 31 become available. 1 32 Sec. 2. Section 42.3, subsection 2, Code 2001, is amended 1 33 by striking the subsection and inserting in lieu thereof the 1 34 following: 1 35 2. If the bill embodying the plan submitted by the 2 1 legislative service bureau under subsection 1 fails to be 2 2 enacted, the legislative service bureau shall prepare a bill 2 3 embodying a second plan of legislative and congressional 2 4 districting. The bill shall be prepared in accordance with 2 5 section 42.4, and, insofar as it is possible to do so within 2 6 the requirements of section 42.4, with the reasons cited by 2 7 the senate or house of representatives by resolution, or the 2 8 governor by veto message, for the failure to approve the plan. 2 9 If a second plan is required under this subsection, the bill 2 10 embodying it shall be delivered to the secretary of the senate 2 11 and the chief clerk of the house of representatives not later 2 12 than thirty-five days after the date of the vote by which the 2 13 senate or the house of representatives fails to approve the 2 14 bill submitted under subsection 1, or the date the governor 2 15 vetoes or fails to approve the bill. If it is necessary to 2 16 submit a bill under this subsection, the bill shall be brought 2 17 to a vote not less than seven days after the bill is submitted 2 18 and made available to the members of the general assembly, 2 19 under a procedure or rule permitting no amendments except 2 20 those of a purely corrective nature. It is further the intent 2 21 of this chapter that if the bill is approved by the first 2 22 house in which it is considered, it shall expeditiously be 2 23 brought to a vote in the second house under a similar 2 24 procedure or rule. 2 25 If the bill embodying the plan submitted by the legislative 2 26 service bureau under subsection 1 fails to be approved by a 2 27 constitutional majority in either the senate or the house of 2 28 representatives, the secretary of the senate or the chief 2 29 clerk of the house, as the case may be, shall at once, but in 2 30 no event later than seven days after the date the bill failed 2 31 to be approved, transmit to the legislative service bureau 2 32 information which the senate or house may direct by resolution 2 33 regarding reasons why the plan was not approved. 2 34 Sec. 3. Section 42.3, subsection 3, Code 2001, is amended 2 35 to read as follows: 3 1 3. If the bill embodying the plan submitted by the 3 2 legislative service bureau under subsection 2 fails to be 3 3approved by a constitutional majority in either the senate or3 4the house of representativesenacted, the same procedure as 3 5 prescribed by subsection 2 shall be followed. If a third plan 3 6 is required under this subsection, the bill embodying it shall 3 7 be delivered to the secretary of the senate and the chief 3 8 clerk of the house of representatives not later thanJune 1 of3 9the year ending in one, or twenty-onethirty-five days after 3 10 the date of the vote by which the senate or the house of 3 11 representatives fails to approve the bill submitted under 3 12 subsection 2,whichever date is lateror the date the governor 3 13 vetoes or fails to approve the bill. The legislative service 3 14 bureau shall submit a bill under this subsection sufficiently 3 15 in advance of September 1 of the year ending in one to permit 3 16 the general assembly to consider the plan prior to that date. 3 17It is the intent of this chapter that, ifIf it is necessary 3 18 to submit a bill under this subsection, the bill shall be 3 19 brought to a vote within the same time period after its 3 20 delivery to the secretary of the senate and the chief clerk of 3 21 the house of representatives as is prescribed for the bill 3 22 submitted under subsection 2, but shall be subject to 3 23 amendment in the same manner as other bills. 3 24 Sec. 4. Section 42.3, subsection 4, Code 2001, is amended 3 25 by striking the subsection. 3 26 Sec. 5. Section 42.4, subsection 3, Code 2001, is amended 3 27 to read as follows: 3 28 3. Districts shall be composed ofconvenientcontiguous 3 29 territory. Areas which meet only at the points of adjoining 3 30 corners are not contiguous. 3 31 Sec. 6. Section 42.4, subsection 4, Code 2001, is amended 3 32 by striking the subsection and inserting in lieu thereof the 3 33 following: 3 34 4. Districts shall be reasonably compact in form, to the 3 35 extent consistent with the standards established by 4 1 subsections 1, 2, and 3. In general, reasonably compact 4 2 districts are those which are square, rectangular, or 4 3 hexagonal in shape, and not irregularly shaped, to the extent 4 4 permitted by natural or political boundaries. If it is 4 5 necessary to compare the relative compactness of two or more 4 6 districts, or of two or more alternative districting plans, 4 7 the tests prescribed by paragraphs "a" and "b" shall be used. 4 8 a. Length-width compactness. The compactness of a 4 9 district is greatest when the length of the district and the 4 10 width of the district are equal. The measure of a district's 4 11 compactness is the absolute value of the difference between 4 12 the length and the width of the district. In general, the 4 13 length-width compactness of a district is calculated by 4 14 measuring the distance from the northernmost point or portion 4 15 of the boundary of a district to the southernmost point or 4 16 portion of the boundary of the same district and the distance 4 17 from the westernmost point or portion of the boundary of the 4 18 district to the easternmost point or portion of the boundary 4 19 of the same district. The absolute values computed for 4 20 individual districts under this paragraph may be cumulated for 4 21 all districts in a plan in order to compare the overall 4 22 compactness of two or more alternative districting plans for 4 23 the state, or for a portion of the state. 4 24 b. Perimeter compactness. The compactness of a district 4 25 is greatest when the distance needed to traverse the perimeter 4 26 boundary of a district is as short as possible. The total 4 27 perimeter distance computed for individual districts under 4 28 this paragraph may be cumulated for all districts in a plan in 4 29 order to compare the overall compactness of two or more 4 30 alternative districting plans for the state, or for a portion 4 31 of the state. 4 32 Sec. 7. Section 42.4, subsection 6, Code 2001, is amended 4 33 to read as follows: 4 34 6. In order to minimize electoral confusion and to 4 35 facilitate communication within state legislative districts, 5 1 each plan drawn under this section shall provide that each 5 2 representative district is wholly included within a single 5 3 senatorial districtand that, so far as possible, each5 4representative and each senatorial district shall be included5 5within a single congressional district.However, the5 6standards established by subsections 1 through 5 shall take5 7precedence where a conflict arises between these standards and5 8the requirement, so far as possible, of including a senatorial5 9or representative district within a single congressional5 10district.5 11 Sec. 8. Section 42.4, subsection 8, Code 2001, is amended 5 12 to read as follows: 5 13 8. Each bill embodying a plan drawn under this section 5 14 shall include provisions for election of senators to the 5 15 general assemblies which take office in the years ending in 5 16 three and five, which shall be in conformity with article III, 5 17 section 6, of the Constitution of the State of Iowa. With 5 18 respect to any plan drawn for consideration in the year20015 19 2011, those provisions shall be substantially as follows: 5 20 a. Eachodd-numberedeven-numbered senatorial district 5 21 shall elect a senator in20022012 for a four-year term 5 22 commencing in January20032013. If an incumbent senator who 5 23 was elected to a four-year term which commenced in January 5 2420012011, or was subsequently elected to fill a vacancy in 5 25 such a term, is residing in anodd-numberedeven-numbered 5 26 senatorial district on February 1,20022012, that senator's 5 27 term of office shall be terminated on January 1,20032013. 5 28 b. Eacheven-numberedodd-numbered senatorial district 5 29 shall elect a senator in20042014 for a four-year term 5 30 commencing in January20052015. 5 31 (1) If one and only one incumbent state senator is 5 32 residing in aneven-numberedodd-numbered senatorial district 5 33 on February 1,20022012, and that senator meets all of the 5 34 following requirements, the senator shall represent the 5 35 district in the senate for theEightiethEighty-fifth General 6 1 Assembly: 6 2 (a) The senator was elected to a four-year term which 6 3 commenced in January20012011 or was subsequently elected to 6 4 fill a vacancy in such a term. 6 5 (b) The senatorial district in the plan which includes the 6 6 place of residence of the state senator on the date of the 6 7 senator's last election to the senate is the same as theeven-6 8numberedodd-numbered senatorial district in which the senator 6 9 resides on February 1,20022012, or is contiguous to such 6 10 even-numbered senatorial districtand the senator's declared6 11residence as of February 1, 2002, was within the district from6 12which the senator was last elected. Areas which meet only at 6 13 the points of adjoining corners are not contiguous. 6 14The secretary of state shall prescribe a form to be6 15completed by all senators to declare their residences as of6 16February 1, 2002. The form shall be filed with the secretary6 17of state no later than five p.m. on February 1, 2002.6 18 (2) Eacheven-numberedodd-numbered senatorial district to 6 19 which subparagraph (1) of this paragraph is not applicable 6 20 shall elect a senator in20022012 for a two-year term 6 21 commencing in January20032013. However, if more than one 6 22 incumbent state senator is residing in aneven-numberedodd- 6 23 numbered senatorial district on February 1,20022012, and, on 6 24 or before February 15,20022012, all but one of the incumbent 6 25 senators resigns from office effective no later than January 6 26 1,20032013, the remaining incumbent state senator shall 6 27 represent the district in the senate for theEightiethEighty- 6 28 fifth General Assembly. A copy of the resignation must be 6 29 filed in the office of the secretary of state no later than 6 30 five p.m. on February 15,20022012. 6 31 c. For purposes of this subsection, "incumbent state 6 32 senator" means a state senator who holds the office of state 6 33 senator on February 1, 2012, and whose declared residence on 6 34 that day is within the district from which the senator was 6 35 last elected. 7 1 d. The secretary of state shall prescribe a form to be 7 2 completed by all senators to declare their residences as of 7 3 February 1, 2012. The form shall be filed with the secretary 7 4 of state no later than five p.m. on February 1, 2012. 7 5 Sec. 9. Section 42.6, subsection 4, paragraph b, Code 7 6 2001, is amended to read as follows: 7 7 b. Following the hearings, promptly prepare and submit to 7 8 the secretary of the senate and the chief clerk of the house a 7 9 report summarizing information and testimony received by the 7 10 commission in the course of the hearings. The commission's 7 11 report shall include any comments and conclusions which its 7 12 members deem appropriate on the information and testimony 7 13 received at the hearings, or otherwise presented to the 7 14 commission. The report shall be submitted no later than 7 15 fourteen days after the date the bill embodying an initial 7 16 plan of congressional and legislative redistricting is 7 17 delivered to the general assembly. 7 18 Sec. 10. NEW SECTION. 42.8 CONGRESSIONAL REDISTRICTING 7 19 – DEADLINE – SUPREME COURT ACTION. 7 20 A plan of congressional redistricting shall be enacted in 7 21 each year ending in one immediately following the United 7 22 States decennial census. If a plan of congressional 7 23 redistricting fails to be enacted prior to September 15 of the 7 24 year ending in one, the supreme court shall cause the state to 7 25 be apportioned into congressional districts to comply with the 7 26 requirements of the Constitution of the State of Iowa prior to 7 27 December 31 of such year. 7 28 Sec. 11. Section 49.7, unnumbered paragraphs 2 and 3, Code 7 29 2001, are amended to read as follows: 7 30 City councils shall complete any changes in precinct and 7 31 ward boundaries, necessary to comply with sections 49.3 and 7 32 49.5,not later than sixty daysafter the redistricting of 7 33 congressional and legislative districts becomes law, or7 34September 1 ofand no later than the date set by the state 7 35 commissioner of elections in the year immediately following 8 1eachthe year in which the federal decennial census is taken,8 2whichever is later. Different compliance dates may be set by 8 3 the general assembly by joint resolution. 8 4 County boards of supervisors or the temporary county 8 5 redistricting commission shall complete any changes in 8 6 precinct and supervisor district boundaries necessary to 8 7 comply with sections 49.3, 49.4, and 331.209not later than8 8ninety daysafter the redistricting of congressional and 8 9 legislative districts becomes law, or October 15 ofand no 8 10 later than the date set by the state commissioner of elections 8 11 in the year immediately followingeachthe year in which the 8 12 federal decennial census is taken, whichever is later. 8 13 Different compliance dates may be set by the general assembly 8 14 by joint resolution. 8 15 Sec. 12. Section 68B.32A, Code 2001, is amended by adding 8 16 the following new subsection: 8 17 NEW SUBSECTION. 15. Adopt rules establishing an expedited 8 18 procedure for reviewing and investigating complaints forwarded 8 19 by the state commissioner of elections to the board for a 8 20 determination as to whether a supervisor district plan adopted 8 21 pursuant to section 331.210A was drawn for improper political 8 22 reasons as defined in section 331.210A, subsection 5. The 8 23 expedited procedure shall be substantially similar to the 8 24 process used for other complaints filed with the board except 8 25 that the provisions of sections 68B.32C and 68B.32D shall not 8 26 apply. 8 27 Sec. 13. Section 331.209, subsection 1, Code 2001, is 8 28 amended to read as follows: 8 29 1.Not later than ninety days afterAfter the 8 30 redistricting of congressional and legislative districts 8 31 becomes law, or October 15 ofand no later than the date set 8 32 by the state commissioner of elections in the year immediately 8 33 followingeachthe year in which the federal decennial census 8 34 is taken,whichever is later,the temporary county 8 35 redistricting commission shall divide the county into a number 9 1 of supervisor districts corresponding to the number of 9 2 supervisors in the county. However, if the plan is selected 9 3 pursuant to section 331.207, the temporary county 9 4 redistricting commission shall divide the county before 9 5 February 15 of the election year. The supervisor districts 9 6 shall be drawn, to the extent applicable, in compliance with 9 7 the redistricting standards provided for senatorial and 9 8 representative districts in section 42.4, and if a supervisor 9 9 redistricting plan is challenged in court, the requirement of 9 10 justifying any variance in excess of one percent contained in 9 11 section 42.4, subsection 1, paragraph "c" applies to the 9 12 board. If the temporary county redistricting commission 9 13 adopts a supervisor redistricting plan with a variance in 9 14 excess of one percent, the board shall publish the 9 15 justification for the variance in one or more official 9 16 newspapers as provided in chapter 349 within ten days after 9 17 the action is taken. If more than one incumbent supervisor 9 18 resides in the same supervisor district after the districts 9 19 have been redrawn following the federal decennial census, the 9 20 terms of office of those supervisors shall expire on the first 9 21 day of January that is not a Sunday or a holiday following the 9 22 next general election. 9 23 Sec. 14. Section 331.210A, subsection 2, paragraph e, Code 9 24 2001, is amended to read as follows: 9 25 e. The plan approved by the board of supervisors shall be 9 26 submitted to the state commissioner of elections for review 9 27 and approval as provided in subsection 5.If the plan does9 28not meet the standards of section 42.4, the state commissioner9 29shall reject the plan, and the board of supervisors shall9 30direct the commission to prepare and adopt an acceptable plan.9 31 If, after the initial proposed supervisor district plan or 9 32 precinct plan has been submitted to the state commissioner for 9 33 approval, it is necessary for the temporary county 9 34 redistricting commission to make subsequent attempts at 9 35 adopting an acceptable plan, the subsequent plans do not 10 1 require public hearings. 10 2 Sec. 15. Section 331.210A, Code 2001, is amended by adding 10 3 the following new subsection: 10 4 NEW SUBSECTION. 5. SUPERVISOR REPRESENTATION PLAN REVIEW. 10 5 a. A supervisor representation plan approved by the board 10 6 of supervisors under this section shall be submitted to the 10 7 state commissioner of elections for review and approval. The 10 8 state commissioner shall determine if all legal requirements 10 9 applicable to the plan have been met, including compliance 10 10 with the standards of section 42.4, prior to approving the 10 11 plan. If the applicable legal requirements have not been met, 10 12 the state commissioner shall make or cause to be made the 10 13 necessary changes as permitted by section 331.209, subsection 10 14 4, or shall require the board of supervisors to direct the 10 15 commission to prepare and adopt an acceptable plan. 10 16 b. (1) For purposes of determining whether a supervisor 10 17 representation plan has met the statutory requirement that a 10 18 plan not be drawn for improper political reasons, an eligible 10 19 elector may file a complaint with the state commissioner of 10 20 elections within fourteen days after a plan has been approved 10 21 by the board of supervisors of the county in which the 10 22 eligible elector resides, on a form prescribed by the state 10 23 commissioner, alleging that the plan was drawn for improper 10 24 political reasons. The state commissioner shall establish by 10 25 rule the procedure for the filing and processing of complaints 10 26 under this paragraph. The eligible elector filing a complaint 10 27 under this paragraph shall post a bond in the amount of two 10 28 hundred dollars. For purposes of this paragraph, "a plan 10 29 drawn for improper political reasons" means a plan approved by 10 30 the board that contains at least one district that has been 10 31 drawn for one or more of the purposes prohibited in section 10 32 42.4, subsection 5, or a plan approved by the board in which 10 33 consideration was given to one or more prohibited factors 10 34 listed in section 49.3, subsection 4, paragraph "d". 10 35 (2) If a complaint is filed with the state commissioner of 11 1 elections under this paragraph "b", the state commissioner 11 2 shall promptly forward the complaint to the ethics and 11 3 campaign disclosure board established in section 68B.32 for 11 4 its review and investigation. Following completion of its 11 5 review and investigation, the ethics and campaign disclosure 11 6 board shall report its findings to the state commissioner of 11 7 elections, including notification of whether the board found, 11 8 by the preponderance of the evidence, that the plan was drawn 11 9 for improper political reasons. If the ethics and campaign 11 10 disclosure board finds, by a preponderance of the evidence, 11 11 that the plan was drawn for improper political reasons, the 11 12 state commissioner shall reject the plan. 11 13 (3) If a plan is rejected pursuant to this paragraph "b", 11 14 the bond posted shall be returned to the eligible elector who 11 15 filed the complaint. If a plan is not rejected pursuant to 11 16 this paragraph "b", the bond shall be deposited in the general 11 17 fund of the state. 11 18 Sec. 16. Section 331.210A, subsection 2, Code 2001, is 11 19 amended by adding the following new paragraph: 11 20 NEW PARAGRAPH. f. Notwithstanding the provisions of this 11 21 section to the contrary, for a county with a population of 11 22 ninety-five thousand or more that is required to draw a plan 11 23 "three" supervisor representation plan, the legislative 11 24 service bureau, and not the temporary county redistricting 11 25 commission, shall draw a first plan as required by paragraph 11 26 "a". The plan drawn by the legislative service bureau shall 11 27 be based upon the precinct plan adopted for use by the county 11 28 and shall be drawn in accordance with section 42.4. The plan 11 29 drawn by the legislative service bureau shall be submitted to 11 30 the temporary county redistricting commission which shall 11 31 perform the duties required by paragraphs "b" and "c" 11 32 concerning the plan. After the requirements of paragraphs "b" 11 33 and "c" have been met, the plan drawn by the legislative 11 34 service bureau shall be submitted to the board or supervisors 11 35 for its approval or rejection. If the plan drawn by the 12 1 legislative service bureau is rejected by the board of 12 2 supervisors, the board of supervisors shall direct the 12 3 temporary county redistricting commission to prepare a second 12 4 plan as provided by paragraph "d". 12 5 Sec. 17. LEGISLATIVE SERVICE BUREAU REVIEW. It is the 12 6 intent of the general assembly that communities of interest be 12 7 considered by the legislative service bureau in drawing 12 8 proposed congressional and legislative districts. However, no 12 9 objective method of determining what constitutes a community 12 10 of interest currently exists which would permit the 12 11 establishment of a redistricting standard that the legislative 12 12 service bureau could use for congressional and legislative 12 13 redistricting. The legislative service bureau shall 12 14 continually review and monitor information prepared by the 12 15 United States census bureau, as well as any other nonpartisan 12 16 information, that might provide a basis for the statutory 12 17 establishment of a standard that would permit consideration of 12 18 communities of interest. The legislative service bureau shall 12 19 submit a report to the general assembly no later than January 12 20 2008, concerning its findings. 12 21 Sec. 18. EFFECTIVE DATE. This Act takes effect July 1, 12 22 2003. 12 23 HF 2486 12 24 ec/es/25
Text: HF02485 Text: HF02487 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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