Text: HSB00632 Text: HSB00634 Text: HSB00600 - HSB00699 Text: HSB 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 68B.32A, Code 2001, is amended by adding 7 29 the following new subsection: 7 30 NEW SUBSECTION. 15. Establish an expedited procedure for 7 31 reviewing complaints forwarded by the state commissioner of 7 32 elections to the board for a determination as to whether a 7 33 supervisor district plan adopted pursuant to section 331.210A 7 34 was drawn for improper political reasons as described in 7 35 section 42.4, subsection 5. The expedited procedure shall be 8 1 substantially similar to the process used for other complaints 8 2 filed with the board except that the provisions of section 8 3 68B.32D shall not apply. 8 4 Sec. 12. Section 331.210A, subsection 2, paragraph e, Code 8 5 2001, is amended to read as follows: 8 6 e. The plan approved by the board of supervisors shall be 8 7 submitted to the state commissioner of elections for approval. 8 8 If the state commissioner or the ethics and campaign 8 9 disclosure board finds that the plan does not meet the 8 10 standards of section 42.4, the state commissioner shall reject 8 11 the plan, and the board of supervisors shall direct the 8 12 commission to prepare and adopt an acceptable plan. 8 13 For purposes of determining whether the standards of 8 14 section 42.4 have been met, an eligible elector may file a 8 15 complaint with the state commissioner of elections within 8 16 fourteen days after a plan is approved by the board of 8 17 supervisors of the county in which the eligible elector 8 18 resides, on a form prescribed by the commissioner, alleging 8 19 that the plan was drawn for improper political reasons as 8 20 described in section 42.4, subsection 5. If a complaint is 8 21 filed with the state commissioner of elections, the state 8 22 commissioner shall forward the complaint to the ethics and 8 23 campaign disclosure board established in section 68B.32 for 8 24 resolution. 8 25 If, after the initial proposed supervisor district plan or 8 26 precinct plan has been submitted to the state commissioner for 8 27 approval, it is necessary for the temporary county 8 28 redistricting commission to make subsequent attempts at 8 29 adopting an acceptable plan, the subsequent plans do not 8 30 require public hearings. 8 31 Sec. 13. LEGISLATIVE SERVICE BUREAU REVIEW. It is the 8 32 intent of the general assembly that communities of interest be 8 33 considered by the legislative service bureau in drawing 8 34 proposed congressional and legislative districts. However, no 8 35 objective method of determining what constitutes a community 9 1 of interest currently exists which would permit the 9 2 establishment of a redistricting standard that the legislative 9 3 service bureau could use for congressional and legislative 9 4 redistricting. The legislative service bureau shall 9 5 continually review and monitor information prepared by the 9 6 United States census bureau, as well as any other nonpartisan 9 7 information, that might provide a basis for the statutory 9 8 establishment of a standard that would permit consideration of 9 9 communities of interest. The legislative service bureau shall 9 10 submit a report to the general assembly no later than January 9 11 2008, concerning its findings. 9 12 Sec. 14. EFFECTIVE DATE. This Act takes effect July 1, 9 13 2003. 9 14 EXPLANATION 9 15 This bill makes changes to the process of redistricting in 9 16 Iowa. 9 17 Code section 42.3 is amended to modify the time 9 18 requirements for submission and consideration of a bill of 9 19 congressional and legislative redistricting. The bill 9 20 shortens by up to 14 days the time by which the legislative 9 21 service bureau shall submit the first plan of congressional 9 22 and legislative redistricting if the population data needed to 9 23 complete redistricting is made available after February 1 of 9 24 the year following the census. The bill further provides that 9 25 the legislative service bureau shall have, if applicable, up 9 26 to 35 days to submit a second plan, or a third plan, following 9 27 the rejection of the prior submitted plan of congressional and 9 28 legislative redistricting. 9 29 Code section 42.3 is also amended to provide that the 9 30 senate or house need only wait three days, and not seven days, 9 31 to consider the first proposed plan of redistricting following 9 32 submission of the report of the temporary redistricting 9 33 advisory commission. In addition, the bill provides that if 9 34 reasons for rejection of the bill are to be made by the senate 9 35 or house, they must be made within seven days after rejection 10 1 of the proposed redistricting plan. The bill also eliminates 10 2 the option that separate bills of congressional and 10 3 legislative redistricting can be submitted if the population 10 4 data necessary to complete congressional redistricting is made 10 5 available prior to the availability of population data for 10 6 legislative redistricting. 10 7 Code section 42.4, subsection 3, is amended to eliminate 10 8 the requirement that districts be composed of contiguous 10 9 territory that is "convenient". 10 10 Code section 42.4, subsection 4, concerning compactness is 10 11 modified. The bill provides that districts shall be 10 12 reasonably compact in form to the extent consistent with the 10 13 standards of population equality, respect for political 10 14 subdivisions, and contiguity. In describing compactness, the 10 15 bill provides that districts, to the extent permitted by 10 16 natural and political boundaries, not be irregularly shaped. 10 17 The bill maintains the test for compactness that compares the 10 18 length and width of a district but eliminates the test of 10 19 compactness based upon population dispersion. The bill adds a 10 20 test for compactness that provides that a district is compact 10 21 if the distance needed to traverse the perimeter of the 10 22 district is as short as possible. 10 23 Code section 42.4, subsection 6, is amended to eliminate 10 24 the requirement that a legislative district be wholly 10 25 contained within a single congressional district so far as 10 26 possible. 10 27 Code section 42.4, subsection 8, is amended to provide for 10 28 senatorial elections following redistricting that must be 10 29 completed in 2011. The changes establish the method of 10 30 determining which senate districts are required to have an 10 31 election in 2012 and 2014. 10 32 Code section 42.6, subsection 4, is amended to provide that 10 33 the temporary redistricting advisory commission shall submit 10 34 its report to the general assembly within 14 days after the 10 35 delivery of the first proposed redistricting plan to the 11 1 general assembly. 11 2 New Code section 42.8 is created to provide that if a plan 11 3 of congressional redistricting is not enacted by September 15 11 4 of the year ending in one, the supreme court shall create 11 5 congressional districts to comply with the requirements of the 11 6 constitution prior to December 31 of that year. This 11 7 provision is similar to the Iowa constitutional requirement 11 8 found in article III, section 35, that provides for the 11 9 supreme court to complete legislative redistricting by 11 10 December 31 if a plan of legislative redistricting is not 11 11 enacted by September 15. 11 12 Code sections 68B.32A and 331.210A are amended to provide 11 13 that the ethics and campaign disclosure board shall establish 11 14 an expedited procedure for reviewing a county supervisor 11 15 redistricting plan to determine if the plan was drawn for 11 16 improper political reasons in violation of Code section 42.4, 11 17 subsection 5. The procedure shall be substantially similar to 11 18 the process used for other complaints considered by the board. 11 19 The bill provides that an eligible elector in the county for 11 20 which the plan was adopted has 14 days following adoption of 11 21 the plan to file a complaint with the state commissioner of 11 22 elections (secretary of state) alleging a violation. The bill 11 23 provides that the state commissioner shall forward the 11 24 complaint to the ethics board and if the board does find a 11 25 violation, the state commissioner is required to reject the 11 26 plan. 11 27 The bill also provides that it is the intent of the general 11 28 assembly that communities of interest be considered in drawing 11 29 congressional and legislative districts but recognizes that no 11 30 objective standard to determine this currently exists. The 11 31 bill requires the legislative service bureau to submit a 11 32 report to the general assembly by January 2008, concerning any 11 33 findings relating to the possible establishment of a community 11 34 of interest standard in redistricting. 11 35 The bill takes effect July 1, 2003. 12 1 LSB 5414HC 79 12 2 ec/pj/5.1
Text: HSB00632 Text: HSB00634 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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