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