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Senate Amendment 5428

Amendment Text

PAG LIN
  1  1    Amend House File 2486, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  By striking page 5, line 11, through page 7,
  1  4 line 4, and inserting the following:
  1  5    "Sec.    .  Section 42.4, subsection 8, Code 2001,
  1  6 is amended to read as follows:
  1  7    8.  Each bill embodying a plan drawn under this
  1  8 section shall include provisions for election of
  1  9 senators to the general assemblies which take office
  1 10 in the years ending in three and five, which shall be
  1 11 in conformity with article III, section 6, of the
  1 12 Constitution of the State of Iowa.  With respect to
  1 13 any plan drawn for consideration in the year 2001,
  1 14 those provisions shall be substantially as follows:
  1 15    a.  Each odd-numbered senatorial district in the
  1 16 plan which is not a holdover senatorial district shall
  1 17 elect a senator in 2002 the year ending in two for a
  1 18 four-year term commencing in January 2003 of the year
  1 19 ending in three.  If an incumbent senator who was
  1 20 elected to a four-year term which commenced in January
  1 21 2001 of the year ending in one, or was subsequently
  1 22 elected to fill a vacancy in such a term, is residing
  1 23 in an odd-numbered a senatorial district in the plan
  1 24 which is not a holdover senatorial district on the
  1 25 first Wednesday in February 1, 2002 of the year ending
  1 26 in two, that senator's term of office shall be
  1 27 terminated on January 1, 2003 of the year ending in
  1 28 three.
  1 29    b.  Each even-numbered holdover senatorial district
  1 30 in the plan shall elect a senator in 2004 the year
  1 31 ending in four for a four-year term commencing in
  1 32 January 2005 of the year ending in five.
  1 33    (1)  If one and only one incumbent state senator is
  1 34 residing in an even-numbered a holdover senatorial
  1 35 district in the plan on the first Wednesday in
  1 36 February 1, 2002 of the year ending in two, and that
  1 37 senator meets all of the following requirements, the
  1 38 senator shall represent the district in the senate for
  1 39 the Eightieth General Assembly commencing in January
  1 40 of the year ending in three:
  1 41    (a)  The senator was elected to a four-year term
  1 42 which commenced in January 2001 of the year ending in
  1 43 one or was subsequently elected to fill a vacancy in
  1 44 such a term.
  1 45    (b)  The senatorial district in the plan which
  1 46 includes the place of residence of the state senator
  1 47 on the date of the senator's last election to the
  1 48 senate is the same as the even-numbered holdover
  1 49 senatorial district in which the senator resides on
  1 50 the first Wednesday in February 1, 2002 of the year
  2  1 ending in two, or is contiguous to such even-numbered
  2  2 holdover senatorial district and the senator's
  2  3 declared residence as of February 1, 2002, was within
  2  4 the district from which the senator was last elected.
  2  5 Areas which meet only at the points of adjoining
  2  6 corners are not contiguous.
  2  7    The secretary of state shall prescribe a form to be
  2  8 completed by all senators to declare their residences
  2  9 as of February 1, 2002.  The form shall be filed with
  2 10 the secretary of state no later than five p.m. on
  2 11 February 1, 2002.
  2 12    (2)  Each even-numbered holdover senatorial
  2 13 district to which subparagraph (1) of this paragraph
  2 14 is not applicable shall elect a senator in 2002 the
  2 15 year ending in two for a two-year term commencing in
  2 16 January 2003 of the year ending in three.  However, if
  2 17 more than one incumbent state senator is residing in
  2 18 an even-numbered a holdover senatorial district on the
  2 19 first Wednesday in February 1, 2002 of the year ending
  2 20 in two, and, on or before the third Wednesday in
  2 21 February 15, 2002 of the year ending in two, all but
  2 22 one of the incumbent senators resigns from office
  2 23 effective no later than January 1, 2003 of the year
  2 24 ending in three, the remaining incumbent senator shall
  2 25 represent the district in the senate for the Eightieth
  2 26 General Assembly commencing in January of the year
  2 27 ending in three.  A copy of the resignation must be
  2 28 filed in the office of the secretary of state no later
  2 29 than five p.m. on the third Wednesday in February 15,
  2 30 2002 of the year ending in two.
  2 31    c.  For purposes of this subsection:
  2 32    (1)  "Holdover senatorial district" means a
  2 33 senatorial district in the plan which is numbered with
  2 34 an even or odd number in the same manner as senatorial
  2 35 districts, which were required to elect a senator in
  2 36 the year ending in zero, were numbered.
  2 37    (2)  "Incumbent state senator" means a state
  2 38 senator who holds the office of state senator on the
  2 39 first Wednesday in February of the year ending in two,
  2 40 and whose declared residence on that day is within the
  2 41 district from which the senator was last elected.
  2 42    d.  The secretary of state shall prescribe a form
  2 43 to be completed by all senators to declare their
  2 44 residences as of the first Wednesday in February of
  2 45 the year ending in two.  The form shall be filed with
  2 46 the secretary of state no later than five p.m. on the
  2 47 first Wednesday in February of the year ending in
  2 48 two."
  2 49    #2.  Page 10, by striking lines 17 and 18 and
  2 50 inserting the following:  "representation plan has met
  3  1 the legal requirements applicable to the plan, an
  3  2 eligible".
  3  3    #3.  Page 10, lines 23 and 24, by striking the
  3  4 words "for improper political reasons" and inserting
  3  5 the following:  "in violation of the applicable legal
  3  6 requirements".
  3  7    #4.  Page 10, line 27, by striking the word "two"
  3  8 and inserting the following:  "one".
  3  9    #5.  Page 10, by striking lines 28 through 34 and
  3 10 inserting the following:  "thousand dollars."
  3 11    #6.  Page 11, line 1 by inserting after the words
  3 12 "paragraph "b"" the following:  "alleging that the
  3 13 plan was drawn for improper political purposes".
  3 14    #7.  Page 11, line 12, by inserting after the word
  3 15 "plan." the following:  "For purposes of this
  3 16 paragraph "b", "a plan drawn for improper political
  3 17 reasons" means a plan approved by the board that
  3 18 contains at least one district that has been drawn for
  3 19 one or more of the purposes prohibited in section
  3 20 42.4, subsection 5, or a plan approved by the board in
  3 21 which consideration was given to one or more
  3 22 prohibited factors listed in section 49.3, subsection
  3 23 4, paragraph "d"."
  3 24    #8.  Page 11, by inserting after line 12 the
  3 25 following:
  3 26    "(3)  If a complaint is filed with the state
  3 27 commissioner of elections under this paragraph "b",
  3 28 which includes reasons for rejecting the plan that are
  3 29 not allegations that the plan was drawn for improper
  3 30 political reasons, the state commissioner shall review
  3 31 and investigate the complaint.  If the state
  3 32 commissioner of elections finds, by a preponderance of
  3 33 the evidence, that the plan has not met all the legal
  3 34 requirements applicable to the plan, the state
  3 35 commissioner shall reject the plan."
  3 36    #9.  Page 11, line 13, by striking the figure
  3 37 "(3)", and inserting the following:  "(4)".
  3 38    #10.  Page 11, line 22, by striking the word
  3 39 "ninety-five", and inserting the following:  "two
  3 40 hundred fifty".
  3 41    #11.  Page 11, line 34, by striking the word "or",
  3 42 and inserting the following:  "of".
  3 43    #12.  Page 12, by striking line 4 and inserting the
  3 44 following:  "plan as provided by paragraph "d", which
  3 45 plan shall better meet the applicable legal
  3 46 requirements than the plan drawn by the legislative
  3 47 service bureau.  For purposes of this paragraph "f",
  3 48 "a plan which shall better meet the applicable
  3 49 requirements" means a plan, based upon the applicable
  3 50 legal requirements, which has lower population
  4  1 deviations among the districts, does not establish
  4  2 districts which divide more cities or political
  4  3 subdivisions, and has districts that are more compact,
  4  4 than the plan drawn by the legislative service
  4  5 bureau."
  4  6    #13.  Page 12, by striking lines 5 through 20.
  4  7    #14.  By renumbering as necessary.  
  4  8 
  4  9 
  4 10                               
  4 11 STEVE KING
  4 12 HF 2486.703 79
  4 13 ec/cls

Text: S05427                            Text: S05429
Text: S05400 - S05499                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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