House Study Bill 625 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON HIGHFILL) A BILL FOR An Act concerning county supervisor representation and 1 districting plans. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6161YC (4) 87 ec/rj
H.F. _____ DIVISION I 1 SELECTION OF COUNTY SUPERVISOR REPRESENTATION PLANS 2 Section 1. Section 331.206, subsection 2, paragraph a, Code 3 2018, is amended to read as follows: 4 a. The plan used under subsection 1 shall be selected by the 5 board or by a special election as provided in section 331.207 . 6 A plan selected by the board shall remain in effect for at 7 least six years unless it is changed by a special election as 8 provided in section 331.207 . However, for a county that elects 9 supervisors under plan “three” and has a population of one 10 hundred fifty thousand or more based on the most recent federal 11 decennial census, the selection of plan “three” shall not be 12 changed by the board or by a special election as provided in 13 section 331.207. 14 DIVISION II 15 COUNTY SUPERVISOR REPRESENTATION DISTRICTING PLANS 16 Sec. 2. Section 68B.32A, subsection 16, Code 2018, is 17 amended to read as follows: 18 16. Establish an expedited procedure for reviewing 19 complaints forwarded by the state commissioner of elections 20 to the board for a determination as to whether a supervisor 21 district plan adopted pursuant to section 331.210A that differs 22 from a supervisor district plan prepared by the legislative 23 services agency was drawn for improper political reasons 24 as described in section 42.4, subsection 5 . The expedited 25 procedure shall be substantially similar to the process used 26 for other complaints filed with the board except that the 27 provisions of section 68B.32D shall not apply. 28 Sec. 3. Section 331.209, subsection 4, Code 2018, is amended 29 to read as follows: 30 4. Each temporary county redistricting commission shall 31 notify the state commissioner of elections when the boundaries 32 of supervisor districts are changed, shall provide a map 33 delineating the new boundary lines, and shall certify to 34 the state commissioner of elections the populations of the 35 -1- LSB 6161YC (4) 87 ec/rj 1/ 4
H.F. _____ new supervisor districts as determined under the latest 1 federal decennial census. Upon failure of a temporary county 2 redistricting commission to make the required changes by 3 the dates specified by this section and sections 331.203 4 and 331.204 as determined by the state commissioner of 5 elections, the state commissioner of elections shall make or 6 cause to be made the necessary changes as soon as possible, 7 and shall assess to the county the expenses incurred in so 8 doing. The Except for a representation plan drawn pursuant 9 to section 331.210A, subsection 2, paragraph “f” , the state 10 commissioner of elections may request the services of personnel 11 and materials available to the legislative services agency 12 to assist the state commissioner in making required changes 13 in supervisor district boundaries which become the state 14 commissioner’s responsibility. 15 Sec. 4. Section 331.210A, subsection 2, paragraph f, 16 subparagraph (1), Code 2018, is amended to read as follows: 17 (1) (a) Notwithstanding the provisions of this section 18 to the contrary, for For purposes of this paragraph “f” , 19 “qualifying county” means a county with a population of one 20 hundred fifty thousand or more based on the most recent federal 21 decennial census that elects supervisors under plan “three” 22 as defined in section 331.206, or a county with a population 23 of one hundred eighty thousand or more that has adopted a 24 charter for a city-county consolidated form of government or 25 a community commonwealth form of government and which charter 26 provides for representation by districts , . 27 (b) Notwithstanding any provision of this section to the 28 contrary, for a qualifying county, the legislative services 29 agency, and not the temporary county redistricting commission, 30 shall draw a representation plan as provided by paragraph “a” 31 pursuant to a contract executed with the county . 32 (c) A county subject to the requirements of this paragraph 33 “f” shall notify the state commissioner of elections that a 34 representation plan to be drawn pursuant to this paragraph 35 -2- LSB 6161YC (4) 87 ec/rj 2/ 4
H.F. _____ “f” is required and shall submit to the state commissioner 1 of elections the precinct plan to be used to draw the 2 representation plan. Upon notification and submission of a 3 precinct plan, the state commissioner of elections shall review 4 and approve the precinct plan to be used. Following approval 5 of the precinct plan to be used, the state commissioner 6 of elections shall notify the legislative council which 7 shall direct the legislative services agency to prepare a 8 representation plan for the county. 9 (d) The plan drawn by the legislative services agency 10 shall be based upon the precinct plan adopted and approved 11 for use by the county and shall be drawn in accordance with 12 section 42.4 , to the extent applicable. After the legislative 13 services agency has drawn the plan, the legislative services 14 agency shall at the earliest feasible time make available to 15 the public all of the information required to be made public 16 by paragraph “b” . 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill concerns county supervisor representation and 21 districting plans. 22 Division I of the bill concerns the manner of selecting 23 county supervisors. Code section 331.206 specifies that the 24 county supervisors may be elected pursuant to plan “one”, 25 election at large; plan “two”, election at large with district 26 residence requirements; or plan “three”, election from 27 single-member districts. 28 The bill provides that for a county that elects supervisors 29 under plan “three” and has a population of 150,000 or more, the 30 selection of plan “three” shall not be changed by the board of 31 the county or pursuant to a special election as provided in 32 Code section 331.207. 33 Division II of the bill concerns the manner of adopting 34 redistricting plans for certain counties. Code section 35 -3- LSB 6161YC (4) 87 ec/rj 3/ 4
H.F. _____ 331.210A(2)(f) is amended to provide that the procedure 1 for adopting a representation plan for a county that has a 2 population that exceeds 180,000 or that has adopted a charter 3 for a city-county consolidation form or community commonwealth 4 form that provides for representation by districts shall also 5 apply to a county with a population of 150,000 or more that has 6 adopted a plan “three” form of representation. The procedure 7 provides that the county’s initial plan for districts, and the 8 county’s first plan for districts after each federal decennial 9 census, shall be drawn by the legislative services agency based 10 upon an approved precinct plan for the county and the standards 11 applicable to congressional and legislative redistricting. If 12 the plan drawn by the legislative services agency is rejected 13 by the governing body, the governing body shall direct the 14 legislative services agency to prepare another plan as provided 15 by current law. 16 Code section 68B.32, concerning complaints for improper 17 political reasons relative to an adopted supervisor district 18 plan, is amended to make the complaint process inapplicable 19 to plans prepared by the legislative services agency. In 20 addition, Code section 331.209 is amended to provide that 21 the state commissioner of elections shall not be permitted 22 to request assistance from the legislative services agency 23 relating to a representation plan drawn pursuant to Code 24 section 331.210A(2)(f). 25 -4- LSB 6161YC (4) 87 ec/rj 4/ 4