House File 265 - Introduced



                                       HOUSE FILE       
                                       BY  DANDEKAR and PAULSEN

                                       (COMPANION TO 1497SS BY LUNDBY)


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to county supervisors in certain counties by
  2    allowing full=time or part=time status to be decided by the
  3    electorate, by requiring a five=member board of supervisors
  4    elected by voters in districts, by requiring districts to be
  5    drawn by the state commissioner of elections, and including
  6    implementation, effective date, and transition provisions.
  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  8 TLSB 1497HH 81
  9 sc/sh/8

PAG LIN



  1  1    Section 1.  Section 331.201, subsection 1, Code 2005, is
  1  2 amended to read as follows:
  1  3    1.  The Except as otherwise provided in section 331.205A,
  1  4 the board shall consist of three members unless.  However, the
  1  5 membership is may be increased to five as provided in section
  1  6 331.203.
  1  7    Sec. 2.  NEW SECTION.  331.202  FULL=TIME OR PART=TIME
  1  8 STATUS IN CERTAIN COUNTIES == VOTE.
  1  9    In counties with a population over one hundred seventy=five
  1 10 thousand, the board shall, upon petition of the number of
  1 11 eligible electors of the county as specified in section
  1 12 331.306, and filed in the manner provided in that section,
  1 13 submit to the registered voters of the county at a general
  1 14 election a proposition to change the status of the board from
  1 15 full=time to part=time or from part=time to full=time, as
  1 16 applicable.  If a majority of the votes cast on the
  1 17 proposition is in favor of changing the status of the board,
  1 18 the status of the board shall be changed effective the first
  1 19 day in January which is not a Sunday or holiday following the
  1 20 general election.
  1 21    Sec. 3.  NEW SECTION.  331.205A  BOARD MEMBERSHIP IN
  1 22 CERTAIN COUNTIES == PLAN "THREE" REQUIRED.
  1 23    1.  Notwithstanding any provision in this part to the
  1 24 contrary, in counties with a population over one hundred
  1 25 seventy=five thousand, the board shall consist of five members
  1 26 and the supervisor representation plan for those counties
  1 27 shall be plan "three" as defined in section 331.206.  The
  1 28 supervisor representation plan and corresponding precinct plan
  1 29 for counties subject to this section shall be drawn in
  1 30 accordance with section 331.210A, subsection 2, paragraph "g".
  1 31    2.  After the effective date of this Act, a county whose
  1 32 population growth causes it to exceed one hundred seventy=five
  1 33 thousand, according to a federal decennial census, shall
  1 34 follow the procedures in section 331.207 as if the county
  1 35 electorate had approved a change to plan "three", except that
  2  1 the state commissioner of elections shall divide the county
  2  2 into districts.
  2  3    Sec. 4.  Section 331.210A, subsection 2, Code 2005, is
  2  4 amended by adding the following new paragraph:
  2  5    NEW PARAGRAPH.  g.  (1)  Notwithstanding the provisions of
  2  6 this section to the contrary, for a county described in
  2  7 section 331.205A, the state commissioner of elections shall
  2  8 draw a representation plan and corresponding precinct plan as
  2  9 if the state commissioner of elections was a temporary county
  2 10 redistricting commission and shall follow the requirements of
  2 11 paragraph "a" in drawing such plans.  After the state
  2 12 commissioner of elections has drawn the supervisor districting
  2 13 plan and corresponding precinct plan, the state commissioner
  2 14 of elections shall at the earliest feasible time make
  2 15 available to the public all of the information required to be
  2 16 made public by paragraph "b".
  2 17    (2)  The state commissioner of elections shall submit the
  2 18 plan to the board of supervisors, and the board shall comply
  2 19 with the duties required of a temporary county redistricting
  2 20 commission by paragraph "c".
  2 21    (3)  After the requirements of paragraphs "a" through "c"
  2 22 have been met, the board shall review the plan submitted by
  2 23 the state commissioner of elections and shall approve or
  2 24 reject the plan.  If the plan is rejected, the board shall
  2 25 give written reasons for the rejection and shall direct the
  2 26 state commissioner of elections to prepare a second plan, as
  2 27 provided in paragraph "d".  However, neither plan may be
  2 28 amended by the board.  After receiving the second plan, the
  2 29 board shall approve either the first plan or the second plan.
  2 30    (4)  Paragraph "e" does not apply to counties whose plans
  2 31 are drawn under this paragraph "g".
  2 32    (5)  The state commissioner of elections shall assess to
  2 33 the county the expenses incurred in complying with this
  2 34 paragraph "g".
  2 35    (6)  The state commissioner of elections may request the
  3  1 services of personnel and materials available to the
  3  2 legislative services agency to assist the state commissioner
  3  3 in complying with this paragraph "g".
  3  4    Sec. 5.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  3  5 3, Code 2005, shall not apply to this Act.
  3  6    Sec. 6.  EFFECTIVE DATE AND TRANSITION.
  3  7    1.  This Act, being deemed of immediate importance, takes
  3  8 effect upon enactment.
  3  9    2.  For those counties which, as of the effective date of
  3 10 this Act, have a population over one hundred seventy=five
  3 11 thousand and have a five=member board of supervisors elected
  3 12 under plan "three", the requirement that the county's
  3 13 representation plan and corresponding precinct plan be drawn
  3 14 by the state commissioner of elections shall apply to the plan
  3 15 required to be drawn following the 2010 federal decennial
  3 16 census.
  3 17    3.  For those counties which, as of the effective date of
  3 18 this Act, have a population over one hundred seventy=five
  3 19 thousand and do not have a five=member board of supervisors,
  3 20 or which have a five=member board of supervisors for which the
  3 21 members are elected under plan "one" or plan "two", the
  3 22 procedure for complying with section 331.210, subsection 2,
  3 23 paragraph "g", as enacted in this Act, shall be completed by
  3 24 the state commissioner of elections and the county board of
  3 25 supervisors by January 1, 2006, in order to allow for election
  3 26 of a new five=member board at the general election in November
  3 27 2006.
  3 28    The terms of those incumbent supervisors whose offices are
  3 29 up for election in November 2008 shall be shortened, so that
  3 30 at the general election in November 2006, two persons shall be
  3 31 elected as members of the board for initial terms of two years
  3 32 and three persons shall be elected as members of the board for
  3 33 four years.  The determination as to whether a term of office
  3 34 shall be for two or four years shall be decided by lot before
  3 35 the primary election, and the results of the determination
  4  1 indicated on the ballot in the primary and general elections.
  4  2                           EXPLANATION
  4  3    This bill makes changes relating to county supervisors in
  4  4 certain counties.
  4  5    The bill provides that in counties with a population over
  4  6 175,000, eligible electors may petition for an election on the
  4  7 question of whether the board of supervisors should be changed
  4  8 from full=time status to part=time status or from part=time
  4  9 status to full=time status.
  4 10    The bill also requires that in counties with a population
  4 11 over 175,000, the board of supervisors shall have five members
  4 12 and the supervisor representation plan for that county shall
  4 13 be plan "three".  Plan "three" representation means that the
  4 14 county is divided into supervisor districts and one supervisor
  4 15 is elected from each district by the voters residing in the
  4 16 district.  The bill requires that the supervisor
  4 17 representation plan and the corresponding precinct plan for
  4 18 such counties shall be drawn by the state commissioner of
  4 19 elections (secretary of state).
  4 20    The bill takes effect upon enactment.  For those counties
  4 21 which, as of the effective date, have a population over
  4 22 175,000 and have a five=member board with plan "three"
  4 23 representation, the requirement that the state commissioner of
  4 24 elections draw the supervisor districting plan and the
  4 25 corresponding precinct plan applies to the plan required to be
  4 26 drawn following the 2010 federal decennial census.  For those
  4 27 counties which, as of the effective date of the bill, have a
  4 28 population over 175,000 and do not have a five=member board of
  4 29 supervisors, or which have a five=member board with members
  4 30 elected under plan "one" or plan "two", the process for
  4 31 adopting a supervisor districting plan and corresponding
  4 32 precinct plan shall be completed by January 1, 2006, in order
  4 33 to allow for election of a new five=member board, with
  4 34 staggered terms, in November 2006.
  4 35    The bill may include a state mandate as defined in Code
  5  1 section 25B.3.  The bill makes inapplicable Code section
  5  2 25B.2, subsection 3, which would relieve a political
  5  3 subdivision from complying with a state mandate if funding for
  5  4 the cost of the state mandate is not provided or specified.
  5  5 Therefore, political subdivisions are required to comply with
  5  6 any state mandate included in the bill.
  5  7 LSB 1497HH 81
  5  8 sc:nh/sh/8