House
Study
Bill
73
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
HIGHFILL)
A
BILL
FOR
An
Act
allowing
for
a
township
of
certain
counties
to
petition
1
for
annexation
by
another
county.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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_____
Section
1.
NEW
SECTION
.
359.53
Petition
and
proposition
for
1
severance
and
annexation
of
a
township.
2
1.
If
a
township,
located
in
a
county
with
a
population
of
3
one
hundred
thirty
thousand
or
greater,
as
shown
by
the
most
4
recent
federal
decennial
census,
shares
a
boundary
with
another
5
county
of
this
state,
the
eligible
electors
of
such
township
6
may
petition
for
annexation
by
that
other
county.
A
petition
7
under
this
section
is
valid
if
signed
by
eligible
electors
of
8
the
township
equal
in
number
to
at
least
twenty
percent
of
the
9
votes
cast
in
the
township
for
the
office
of
president
of
the
10
United
States
or
governor
at
the
preceding
general
election.
11
The
petition
shall
include
a
clear
description
of
the
township
12
severance
and
annexation,
the
signatures
of
the
petitioners,
a
13
statement
of
their
place
of
residence,
including
house
number
14
and
street
address,
if
any,
and
the
date
on
which
they
signed
15
the
petition.
16
2.
Petitions
authorized
by
this
section
shall
be
filed
17
with
the
board
of
supervisors
not
later
than
eighty-two
days
18
before
the
date
of
the
general
election.
If
the
petition
is
19
found
to
be
valid,
the
board
of
supervisors
shall,
not
later
20
than
sixty-nine
days
before
the
general
election,
notify
the
21
county
commissioner
of
elections
to
submit
the
question
to
the
22
registered
voters
of
the
township
at
the
general
election.
23
3.
A
petition
shall
be
examined
before
it
is
accepted
for
24
filing.
If
it
appears
valid
on
its
face
it
shall
be
accepted
25
for
filing.
If
it
lacks
the
required
number
of
signatures
it
26
shall
be
returned
to
the
petitioners.
27
4.
Petitions
which
have
been
accepted
for
filing
are
valid
28
unless
written
objections
are
filed.
Objections
must
be
29
filed
with
the
county
auditor
within
five
working
days
after
30
the
petition
was
filed.
The
objection
process
in
section
31
44.7
shall
be
followed
for
objections
filed
pursuant
to
this
32
section.
33
5.
a.
At
the
general
election,
the
proposition
shall
be
34
submitted
to
the
registered
voters
of
the
township
in
the
35
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following
form:
1
Shall
the
township
of
.....,
county
of
.....,
state
of
Iowa,
2
become
a
part
of
the
county
of
.....,
state
of
Iowa?
3
b.
The
proposition
is
approved
if
sixty
percent
of
those
4
voting
on
the
proposition
vote
in
favor
of
it.
5
6.
If
a
proposition
is
approved
pursuant
to
this
section,
6
the
board
of
supervisors
of
the
severing
county
shall
within
7
thirty
days
provide
by
resolution
a
plan
for
the
transfer
and
8
the
equitable
distribution
of
assets
and
equitable
distribution
9
and
assumption
of
liabilities
of
the
township
as
between
10
the
severing
county
and
the
annexing
county
to
be
completed
11
within
one
year
following
acceptance
of
the
annexing
county’s
12
board
of
supervisors.
Immediately
following
adoption
of
a
13
resolution
under
this
subsection,
the
board
of
supervisors
for
14
the
severing
county
shall
provide
notice
of
the
approval
of
the
15
proposition
and
a
copy
of
the
resolution
containing
the
plan
to
16
the
board
of
supervisors
of
the
annexing
county.
17
Sec.
2.
NEW
SECTION
.
359.54
Severance
and
annexation
of
a
18
township
——
process
——
judicial
review.
19
1.
Within
thirty
days
of
receiving
notice
pursuant
to
20
section
359.52,
subsection
6,
the
board
of
supervisors
of
21
an
annexing
county
shall
consider
the
plan
approved
by
the
22
severing
county’s
board
of
supervisors
and
shall
accept
23
or
decline
the
plan
for
the
annexation
of
the
township
by
24
resolution
or
present
a
petition
to
a
court
of
record
under
25
subsection
2.
26
2.
a.
The
board
of
supervisors
of
an
annexing
county
may
27
present
to
a
court
of
record
a
petition,
duly
verified,
setting
28
forth
that
the
plan
by
the
severing
county
for
the
distribution
29
of
assets
and
distribution
and
assumption
of
liabilities
of
the
30
township
is
inequitable,
in
whole
or
in
part,
and
specifying
31
the
alleged
inequities.
32
b.
(1)
Upon
the
presentation
of
a
petition
under
this
33
subsection,
the
court
may
allow
a
writ
of
certiorari
directed
34
to
the
board
of
supervisors
of
the
severing
county
to
review
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the
plan
and
shall
prescribe
therein
the
time
within
which
1
a
response
thereto
must
be
made
and
served
upon
the
county
2
attorney
of
the
annexing
county,
which
shall
not
be
less
than
3
ten
days
and
may
be
extended
by
the
court.
The
allowance
of
the
4
writ
shall
not
stay
proceedings
regarding
consideration
of
a
5
resolution
to
accept
or
decline
to
accept
the
plan.
6
(2)
The
response
by
the
board
of
supervisors
of
the
annexing
7
county
shall
concisely
set
forth
such
facts
as
may
be
pertinent
8
and
material
to
respond
to
the
rationale
and
findings
relied
9
upon
to
prepare
the
plan.
10
c.
If
upon
the
hearing
it
shall
appear
to
the
court
that
11
testimony
is
necessary
for
the
proper
disposition
of
the
12
matter,
the
court
may
take
evidence
or
appoint
a
referee
to
13
take
such
evidence
as
the
court
may
direct
and
report
the
14
same
to
the
court
with
the
referee’s
findings
of
fact
and
15
conclusions
of
law,
which
shall
constitute
a
part
of
the
16
proceedings
upon
which
the
determination
of
the
court
shall
be
17
made.
The
court
may
affirm,
wholly
or
partly,
or
may
modify
18
the
plan
brought
up
for
review.
19
d.
Within
thirty
days
of
a
determination
being
made
under
20
paragraph
“c”
,
the
board
of
supervisors
of
the
annexing
county
21
shall
consider
the
affirmed
or
modified
plan
and
shall
accept
22
or
decline
to
accept
the
plan
by
resolution.
23
e.
Costs
shall
not
be
allowed
against
the
severing
county’s
24
board
of
supervisors,
unless
it
shall
appear
to
the
court
that
25
the
severing
county’s
board
of
supervisors
acted
with
gross
26
negligence
or
in
bad
faith
or
with
malice
in
approving
the
27
resolution
appealed
from.
28
f.
All
issues
in
any
proceedings
under
this
subsection
shall
29
have
preference
over
all
other
civil
actions
and
proceedings.
30
3.
If
the
board
of
supervisors
of
the
annexing
county
31
approves
a
resolution
accepting
the
plan
to
annex
a
township
32
under
this
section,
the
annexation
shall
be
completed
as
33
provided
for
in
the
annexing
county’s
resolution.
The
board
34
of
supervisors
of
an
annexing
county
shall
file
a
copy
of
a
35
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resolution
accepting
the
plan
to
annex
the
township
and
the
1
applicable
plan
with
the
board
of
supervisors
of
the
severing
2
county,
secretary
of
state,
and
department
of
transportation.
3
The
county
recorder
of
an
annexing
county
shall
record
a
copy
4
of
any
resolution
accepting
the
annexation
of
a
township
under
5
this
section.
6
Sec.
3.
NEW
SECTION
.
359.55
Annexed
townships
——
federal,
7
state,
and
county
electoral
provisions.
8
1.
Notwithstanding
the
transfer
of
any
township
to
an
9
annexing
county
pursuant
to
sections
359.53
and
359.54,
a
10
township
shall
be
considered
a
part
of
the
congressional
and
11
legislative
districts
to
which
the
township
was
last
designated
12
pursuant
to
sections
40.1,
41.1,
and
41.2.
13
2.
Notwithstanding
section
331.206,
subsection
2,
following
14
the
transfer
of
a
township
pursuant
to
sections
359.53
and
15
359.54,
the
board
of
supervisors
of
a
severing
county
and
the
16
board
of
supervisors
of
an
annexing
county
shall
each
select
a
17
plan
pursuant
to
section
331.206,
subsection
1.
18
Sec.
4.
Section
331.209,
subsection
1,
Code
2017,
is
amended
19
to
read
as
follows:
20
1.
Not
later
than
ninety
days
after
the
redistricting
of
21
congressional
and
legislative
districts
becomes
law,
or
October
22
15
of
the
year
immediately
following
each
year
in
which
the
23
federal
decennial
census
is
taken,
whichever
is
later,
the
24
temporary
county
redistricting
commission
shall
divide
the
25
county
into
a
number
of
supervisor
districts
corresponding
26
to
the
number
of
supervisors
in
the
county.
However,
if
the
27
plan
is
selected
pursuant
to
section
359.55,
subsection
2,
or
28
section
331.207
,
the
temporary
county
redistricting
commission
29
shall
divide
the
county
before
February
15
of
the
next
general
30
election
year.
The
supervisor
districts
shall
be
drawn,
to
31
the
extent
applicable,
in
compliance
with
the
redistricting
32
standards
provided
for
senatorial
and
representative
districts
33
in
section
42.4
,
and
if
a
supervisor
redistricting
plan
is
34
challenged
in
court,
the
requirement
of
justifying
any
variance
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in
excess
of
one
percent
contained
in
section
42.4,
subsection
1
1
,
paragraph
“c”
applies
to
the
board.
If
the
temporary
county
2
redistricting
commission
adopts
a
supervisor
redistricting
3
plan
with
a
variance
in
excess
of
one
percent,
the
board
shall
4
publish
the
justification
for
the
variance
in
one
or
more
5
official
newspapers
as
provided
in
chapter
349
within
ten
6
days
after
the
action
is
taken.
If
more
than
one
incumbent
7
supervisor
resides
in
the
same
supervisor
district
after
the
8
districts
have
been
redrawn
following
the
federal
decennial
9
census,
the
terms
of
office
of
those
supervisors
shall
expire
10
on
the
first
day
of
January
that
is
not
a
Sunday
or
a
holiday
11
following
the
next
general
election.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
allows
a
township
of
one
county
to
petition
for
16
annexation
by
another
county.
17
Under
the
bill,
the
eligible
electors
of
a
township,
located
18
in
a
county
with
a
population
of
130,000
or
more,
that
shares
19
a
boundary
with
another
county
may
petition
for
annexation
20
by
that
other
county.
A
petition
is
valid
if
signed
by
20
21
percent
of
the
eligible
electors
of
the
township
that
cast
22
votes
in
the
township
for
the
office
of
president
of
the
United
23
States
or
governor
at
the
preceding
general
election.
A
24
petition
for
such
an
annexation
must
be
filed
with
the
board
25
of
supervisors
not
later
than
82
days
before
the
general
26
election
and
the
board
of
supervisors
is
required
to
notify
27
the
county
commissioner
of
elections
to
submit
the
question
to
28
the
registered
voters
of
the
township
at
the
general
election.
29
Under
the
bill,
petitions
which
have
been
accepted
for
filing
30
are
valid
unless
written
objections
are
filed
as
provided
for
31
under
the
bill.
32
The
bill
provides
for
the
form
of
a
proposition
to
be
33
submitted
to
the
registered
voters
of
the
township
and
34
provides
that
such
a
proposition
is
approved
if
60
percent
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of
those
voting
on
the
proposition
vote
in
favor
of
it.
1
If
a
proposition
is
approved,
the
board
of
supervisors
of
2
the
severing
county
is
required
to
provide
by
resolution
a
3
one-year
plan
for
the
equitable
distribution
of
assets
and
4
equitable
distribution
and
assumption
of
liabilities
of
the
5
township
as
between
the
severing
county
and
the
annexing
6
county.
Immediately
following
adoption
of
a
plan,
the
board
7
of
supervisors
for
the
severing
county
is
required
to
provide
8
notice
of
the
approval
of
the
proposition
and
a
copy
of
the
9
plan
to
the
board
of
supervisors
of
the
annexing
county.
10
Within
30
days
of
receiving
notice
from
a
severing
county,
11
the
board
of
supervisors
of
an
annexing
county
is
required
12
to
consider
the
plan
approved
by
the
severing
county’s
board
13
of
supervisors
and
accept
or
decline
to
accept
the
plan
for
14
annexation
of
the
township
by
resolution
or
present
a
petition
15
to
a
court
of
record
for
judicial
review.
16
Under
the
bill,
the
board
of
supervisors
of
an
annexing
17
county
may
present
a
petition
to
a
court
of
record,
setting
18
forth
that
the
resolution
and
plan
by
the
severing
county
for
19
the
distribution
of
assets
and
distribution
and
assumption
20
of
liabilities
of
the
township
is
inequitable,
in
whole
or
21
in
part,
and
specifying
the
alleged
inequities.
The
bill
22
establishes
procedures
for
the
judicial
review
and
allows
23
the
court
to
affirm,
wholly
or
partly,
or
modify
the
plan
24
brought
up
for
review.
Within
30
days
following
a
judicial
25
determination,
the
board
of
supervisors
of
the
annexing
county
26
is
required
to
consider
the
affirmed
or
modified
plan
and
27
accept
or
decline
to
accept
the
plan
for
annexation
of
the
28
township
by
resolution.
29
The
bill
requires
that
an
annexation
be
completed
as
30
provided
for
in
the
resolution
approved
by
the
annexing
county.
31
The
board
of
supervisors
of
an
annexing
county
is
required
32
to
file
a
copy
of
a
resolution
accepting
the
transfer
of
a
33
township
and
the
applicable
plan
with
the
board
of
supervisors
34
of
the
severing
county,
secretary
of
state,
and
department
of
35
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transportation.
The
county
recorder
of
an
annexing
county
is
1
also
required
to
record
a
copy
of
any
resolution
accepting
the
2
transfer
of
a
township
and
the
applicable
plan.
3
Under
the
bill,
following
the
transfer
of
a
township,
4
the
boards
of
supervisors
of
severing
and
annexing
counties
5
are
required
to
select
district
representation
plans
for
the
6
county.
If
a
board
of
supervisors
selects
certain
plans,
the
7
temporary
county
redistricting
commission
is
required
to
divide
8
that
county
by
February
15
of
the
next
general
election
year.
9
Under
the
bill,
a
township
that
is
annexed
by
another
county
is
10
required
to
remain
within
the
township’s
current
congressional
11
and
legislative
districts.
12
-7-
LSB
1970YC
(7)
87
aw/rj
7/
7