House File 2704 - Introduced
HOUSE FILE
BY COMMITTEE ON STATE GOVERNMENT
(SUCCESSOR TO HSB 510)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the process of congressional and legislative
2 redistricting.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6582HV 81
5 ec/je/5
PAG LIN
1 1 Section 1. Section 42.2, Code 2005, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 4. Upon each delivery by the legislative
1 4 services agency to the general assembly of a bill embodying a
1 5 plan, pursuant to section 42.3, the legislative services
1 6 agency shall at the earliest feasible time make available to
1 7 the public the following information:
1 8 a. Copies of the bill delivered by the legislative
1 9 services agency to the general assembly.
1 10 b. Maps illustrating the plan.
1 11 c. A summary of the standards prescribed by section 42.4
1 12 for development of the plan.
1 13 d. A statement of the population of each district included
1 14 in the plan, and the relative deviation of each district
1 15 population from the ideal district population.
1 16 Sec. 2. Section 42.3, subsection 1, Code 2005, is amended
1 17 to read as follows:
1 18 1. a. Not later than April 1 of each year ending in one,
1 19 the legislative services agency shall deliver to the secretary
1 20 of the senate and the chief clerk of the house of
1 21 representatives identical bills embodying a plan of
1 22 legislative and congressional districting prepared in
1 23 accordance with section 42.4. It is the intent of this
1 24 chapter that the general assembly shall bring the bill to a
1 25 vote in either the senate or the house of representatives
1 26 expeditiously, but not less than seven three days after the
1 27 report of the commission required by section 42.6 is received
1 28 and made available to the members of the general assembly,
1 29 under a procedure or rule permitting no amendments except
1 30 those of a purely corrective nature. It is further the intent
1 31 of this chapter that if the bill is approved by the first
1 32 house in which it is considered, it shall expeditiously be
1 33 brought to a vote in the second house under a similar
1 34 procedure or rule. If the bill embodying the plan submitted
1 35 by the legislative services agency under this subsection fails
2 1 to be approved by a constitutional majority in either the
2 2 senate or the house of representatives, the secretary of the
2 3 senate or the chief clerk of the house, as the case may be,
2 4 shall at once, but in no event later than seven days after the
2 5 date the bill failed to be approved, transmit to the
2 6 legislative services agency information which the senate or
2 7 house may direct by resolution regarding reasons why the plan
2 8 was not approved.
2 9 b. However, if the population data for legislative
2 10 districting which the United States census bureau is required
2 11 to provide this state under Pub. L. No. 94=171 and, if used by
2 12 the legislative services agency, the corresponding
2 13 topologically integrated geographic encoding and referencing
2 14 data file for that population data are not available to the
2 15 legislative services agency on or before February 15 of the
2 16 year ending in one, the dates set forth in this subsection
2 17 shall be extended by a number of days equal to the number of
2 18 days after February 15 of the year ending in one that the
2 19 federal census population data and the topologically
2 20 integrated geographic encoding and referencing data file for
2 21 legislative districting become available.
2 22 Sec. 3. Section 42.3, subsection 2, Code 2005, is amended
2 23 by striking the subsection and inserting in lieu thereof the
2 24 following:
2 25 2. If the bill embodying the plan submitted by the
2 26 legislative services agency under subsection 1 fails to be
2 27 enacted, the legislative services agency shall prepare a bill
2 28 embodying a second plan of legislative and congressional
2 29 districting. The bill shall be prepared in accordance with
2 30 section 42.4, and, insofar as it is possible to do so within
2 31 the requirements of section 42.4, with the reasons cited by
2 32 the senate or house of representatives by resolution, or the
2 33 governor by veto message, for the failure to approve the plan.
2 34 If a second plan is required under this subsection, the bill
2 35 embodying it shall be delivered to the secretary of the senate
3 1 and the chief clerk of the house of representatives not later
3 2 than thirty=five days after the date of the vote by which the
3 3 senate or the house of representatives fails to approve the
3 4 bill submitted under subsection 1, or the date the governor
3 5 vetoes or fails to approve the bill. If it is necessary to
3 6 submit a bill under this subsection, the bill shall be brought
3 7 to a vote not less than seven days after the bill is submitted
3 8 and made available to the members of the general assembly,
3 9 under a procedure or rule permitting no amendments except
3 10 those of a purely corrective nature. It is further the intent
3 11 of this chapter that if the bill is approved by the first
3 12 house in which it is considered, it shall expeditiously be
3 13 brought to a vote in the second house under a similar
3 14 procedure or rule. If the bill embodying the plan submitted
3 15 by the legislative services agency under this subsection fails
3 16 to be approved by a constitutional majority in either the
3 17 senate or the house of representatives, the secretary of the
3 18 senate or the chief clerk of the house, as the case may be,
3 19 shall transmit to the legislative services agency information
3 20 which the senate or house may direct by resolution regarding
3 21 reasons why the plan was not approved in the same manner as
3 22 described in subsection 1.
3 23 Sec. 4. Section 42.3, subsection 3, Code 2005, is amended
3 24 to read as follows:
3 25 3. If the bill embodying the plan submitted by the
3 26 legislative services agency under subsection 2 fails to be
3 27 approved by a constitutional majority in either the senate or
3 28 the house of representatives enacted, the same procedure as
3 29 prescribed by subsection 2 shall be followed. If a third plan
3 30 is required under this subsection, the bill embodying it shall
3 31 be delivered to the secretary of the senate and the chief
3 32 clerk of the house of representatives not later than June 1 of
3 33 the year ending in one, or twenty=one thirty=five days after
3 34 the date of the vote by which the senate or the house of
3 35 representatives fails to approve the bill submitted under
4 1 subsection 2, whichever date is later. It is the intent of
4 2 this chapter that, if or the date the governor vetoes or fails
4 3 to approve the bill. The legislative services agency shall
4 4 submit a bill under this subsection sufficiently in advance of
4 5 September 1 of the year ending in one to permit the general
4 6 assembly to consider the plan prior to that date. If it is
4 7 necessary to submit a bill under this subsection, the bill
4 8 shall be brought to a vote within the same time period after
4 9 its delivery to the secretary of the senate and the chief
4 10 clerk of the house of representatives as is prescribed for the
4 11 bill submitted under subsection 2, but shall be subject to
4 12 amendment in the same manner as other bills.
4 13 Sec. 5. Section 42.3, subsection 4, Code 2005, is amended
4 14 by striking the subsection.
4 15 Sec. 6. Section 42.4, subsection 8, Code 2005, is amended
4 16 to read as follows:
4 17 8. Each bill embodying a plan drawn under this section
4 18 shall include provisions for election of senators to the
4 19 general assemblies which take office in the years ending in
4 20 three and five, which shall be in conformity with article III,
4 21 section 6, of the Constitution of the State of Iowa. With
4 22 respect to any plan drawn for consideration in the a year 2001
4 23 ending in one, those provisions shall be substantially as
4 24 follows:
4 25 a. Each odd=numbered senatorial district in the plan which
4 26 is not a holdover senatorial district shall elect a senator in
4 27 2002 the year ending in two for a four=year term commencing in
4 28 January 2003 of the year ending in three. If an incumbent
4 29 senator who was elected to a four=year term which commenced in
4 30 January 2001 of the year ending in one, or was subsequently
4 31 elected to fill a vacancy in such a term, is residing in an
4 32 odd=numbered a senatorial district in the plan which is not a
4 33 holdover senatorial district on the first Wednesday in
4 34 February 1, 2002 of the year ending in two, that senator's
4 35 term of office shall be terminated on January 1, 2003 of the
5 1 year ending in three.
5 2 b. Each even=numbered holdover senatorial district in the
5 3 plan shall elect a senator in 2004 the year ending in four for
5 4 a four=year term commencing in January 2005 of the year ending
5 5 in five.
5 6 (1) If one and only one incumbent state senator is
5 7 residing in an even=numbered a holdover senatorial district in
5 8 the plan on the first Wednesday in February 1, 2002 of the
5 9 year ending in two, and that senator meets all of the
5 10 following requirements, the senator shall represent the
5 11 district in the senate for the Eightieth General Assembly
5 12 general assembly commencing in January of the year ending in
5 13 three:
5 14 (a) The senator was elected to a four=year term which
5 15 commenced in January 2001 of the year ending in one or was
5 16 subsequently elected to fill a vacancy in such a term.
5 17 (b) The senatorial district in the plan which includes the
5 18 place of residence of the state senator on the date of the
5 19 senator's last election to the senate is the same as the even=
5 20 numbered holdover senatorial district in which the senator
5 21 resides on the first Wednesday in February 1, 2002 of the year
5 22 ending in two, or is contiguous to such even=numbered holdover
5 23 senatorial district and the senator's declared residence as of
5 24 February 1, 2002, was within the district from which the
5 25 senator was last elected. Areas which meet only at the points
5 26 of adjoining corners are not contiguous.
5 27 The secretary of state shall prescribe a form to be
5 28 completed by all senators to declare their residences as of
5 29 February 1, 2002. The form shall be filed with the secretary
5 30 of state no later than five p.m. on February 1, 2002.
5 31 (2) Each even=numbered holdover senatorial district to
5 32 which subparagraph (1) of this paragraph is not applicable
5 33 shall elect a senator in 2002 the year ending in two for a
5 34 two=year term commencing in January 2003 of the year ending in
5 35 three. However, if more than one incumbent state senator is
6 1 residing in an even=numbered a holdover senatorial district on
6 2 the first Wednesday in February 1, 2002 of the year ending in
6 3 two, and, on or before the first Wednesday in February 15,
6 4 2002 of the year ending in two, all but one of the incumbent
6 5 senators resigns from office effective no later than January
6 6 1, 2003 of the year ending in three, the remaining incumbent
6 7 senator shall represent the district in the senate for the
6 8 Eightieth General Assembly general assembly commencing in
6 9 January of the year ending in three. A copy of the
6 10 resignation must be filed in the office of the secretary of
6 11 state no later than five p.m. on the third Wednesday in
6 12 February 15, 2002 of the year ending in two.
6 13 c. For purposes of this subsection:
6 14 (1) "Holdover senatorial district" means a senatorial
6 15 district in the plan which is numbered with an even or odd
6 16 number in the same manner as senatorial districts, which were
6 17 required to elect a senator in the year ending in zero, were
6 18 numbered.
6 19 (2) "Incumbent state senator" means a state senator who
6 20 holds the office of state senator on the first Wednesday in
6 21 February of the year ending in two, and whose declared
6 22 residence on that day is within the district from which the
6 23 senator was last elected.
6 24 d. The secretary of state shall prescribe a form to be
6 25 completed by all senators to declare their residences as of
6 26 the first Wednesday in February of the year ending in two.
6 27 The form shall be filed with the secretary of state no later
6 28 than five p.m. on the first Wednesday in February of the year
6 29 ending in two.
6 30 Sec. 7. Section 42.6, subsection 3, Code 2005, is amended
6 31 by striking the subsection.
6 32 Sec. 8. Section 42.6, subsection 4, paragraph b, Code
6 33 2005, is amended to read as follows:
6 34 b. Following the hearings, promptly prepare and submit to
6 35 the secretary of the senate and the chief clerk of the house a
7 1 report summarizing information and testimony received by the
7 2 commission in the course of the hearings. The commission's
7 3 report shall include any comments and conclusions which its
7 4 members deem appropriate on the information and testimony
7 5 received at the hearings, or otherwise presented to the
7 6 commission. The report shall be submitted no later than
7 7 fourteen days after the date the bill embodying an initial
7 8 plan of congressional and legislative redistricting is
7 9 delivered to the general assembly.
7 10 EXPLANATION
7 11 This bill makes changes to the process of congressional and
7 12 legislative redistricting in Iowa.
7 13 Code section 42.2 is amended to provide that the
7 14 legislative services agency is responsible for making
7 15 available to the public copies of the redistricting bill,
7 16 maps, a summary of redistricting standards, and population
7 17 statistics for the plan. Current law provides that the
7 18 temporary redistricting advisory commission is responsible for
7 19 making this information available to the public.
7 20 Code section 42.3 is amended to modify the time
7 21 requirements for submission and consideration of a bill of
7 22 congressional and legislative redistricting. The bill
7 23 shortens by up to 14 days the deadline by which the
7 24 legislative services agency shall submit the first plan of
7 25 congressional and legislative redistricting if the population
7 26 data needed to complete redistricting is made available after
7 27 February 1 but not after February 15 of the year following the
7 28 census. The bill further provides that the legislative
7 29 services agency shall have, if applicable, up to 35 days to
7 30 submit a second plan, or a third plan, following the rejection
7 31 of the prior submitted plan of congressional and legislative
7 32 redistricting.
7 33 Code section 42.3 is also amended to provide that the
7 34 senate or house of representatives need only wait three days,
7 35 not seven days, to consider the first proposed plan of
8 1 redistricting following submission to the general assembly of
8 2 the report of the temporary redistricting advisory commission.
8 3 In addition, the bill provides that if reasons for rejection
8 4 of the bill are to be made by the senate or house of
8 5 representatives, they must be made within seven days after
8 6 rejection of the proposed redistricting plan. The bill also
8 7 eliminates the option that separate bills of congressional and
8 8 legislative redistricting can be submitted if the population
8 9 data necessary to complete congressional redistricting is made
8 10 available prior to the availability of population data for
8 11 legislative redistricting.
8 12 Code section 42.4, subsection 8, is amended to provide for
8 13 senatorial elections following redistricting. Current law
8 14 makes provisions for these elections following redistricting
8 15 in 2001 and the bill makes the procedure used for the 2001
8 16 redistricting plan applicable on an ongoing basis for
8 17 subsequent redistricting years.
8 18 Code section 42.6, subsection 4, is amended to provide that
8 19 the temporary redistricting advisory commission shall submit
8 20 its report to the general assembly within 14 days after the
8 21 delivery of the first proposed redistricting plan to the
8 22 general assembly.
8 23 LSB 6582HV 81
8 24 ec:rj/je/5