Senate Study Bill 3172 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON GARRETT) A BILL FOR An Act relating to county supervisor representation and 1 districting plans. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5137XC (2) 87 ec/rj

S.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 and shall only be changed by a 8 special election as provided in section 331.207 . 9 Sec. 2. Section 331.207, subsection 1, Code 2018, is amended 10 to read as follows: 11 1. The board of a county that elects supervisors under 12 either plan “one” or plan “two” as each plan is defined in 13 section 331.206 , upon petition of the number of eligible 14 electors of the county as specified in section 331.306 , shall 15 call a special election to be held for the purpose of selecting 16 one of the supervisor representation plans specified in section 17 331.206 under which the board of supervisors shall be elected. 18 However, for a county that elects supervisors under plan “two”, 19 the only supervisor representation plans that can be selected 20 pursuant to the special election shall be either plan “two” or 21 plan “three”. 22 DIVISION II 23 COUNTY SUPERVISOR REPRESENTATION DISTRICTING PLANS 24 Sec. 3. Section 68B.32A, subsection 16, Code 2018, is 25 amended to read as follows: 26 16. Establish an expedited procedure for reviewing 27 complaints forwarded by the state commissioner of elections 28 to the board for a determination as to whether a supervisor 29 district plan adopted pursuant to section 331.210A that differs 30 from a supervisor district plan prepared by the legislative 31 services agency was drawn for improper political reasons 32 as described in section 42.4, subsection 5 . The expedited 33 procedure shall be substantially similar to the process used 34 for other complaints filed with the board except that the 35 -1- LSB 5137XC (2) 87 ec/rj 1/ 5

S.F. _____ provisions of section 68B.32D shall not apply. 1 Sec. 4. Section 331.209, subsection 4, Code 2018, is amended 2 to read as follows: 3 4. Each temporary county redistricting commission shall 4 notify the state commissioner of elections when the boundaries 5 of supervisor districts are changed, shall provide a map 6 delineating the new boundary lines, and shall certify to 7 the state commissioner of elections the populations of the 8 new supervisor districts as determined under the latest 9 federal decennial census. Upon failure of a temporary county 10 redistricting commission to make the required changes by 11 the dates specified by this section and sections 331.203 12 and 331.204 as determined by the state commissioner of 13 elections, the state commissioner of elections shall make or 14 cause to be made the necessary changes as soon as possible, 15 and shall assess to the county the expenses incurred in so 16 doing. The Except for a representation plan drawn pursuant 17 to section 331.210A, subsection 2, paragraph “f” , the state 18 commissioner of elections may request the services of personnel 19 and materials available to the legislative services agency 20 to assist the state commissioner in making required changes 21 in supervisor district boundaries which become the state 22 commissioner’s responsibility. 23 Sec. 5. Section 331.210A, subsection 2, paragraph f, 24 subparagraph (1), Code 2018, is amended to read as follows: 25 (1) (a) Notwithstanding the provisions of this section 26 to the contrary, for For purposes of this paragraph “f” , 27 “qualifying county” means a county with a population of sixty 28 thousand or more based on the most recent federal decennial 29 census that elects supervisors under plan “three” as defined 30 in section 331.206, or a county with a population of one 31 hundred eighty thousand or more that has adopted a charter for 32 a city-county consolidated form of government or a community 33 commonwealth form of government and which charter provides for 34 representation by districts , . 35 -2- LSB 5137XC (2) 87 ec/rj 2/ 5

S.F. _____ (b) Notwithstanding any provision of this section to the 1 contrary, for a qualifying county, the legislative services 2 agency, and not the temporary county redistricting commission, 3 shall draw a representation plan as provided by paragraph “a” 4 pursuant to a contract executed with the county . 5 (c) A county subject to the requirements of this paragraph 6 “f” shall notify the state commissioner of elections that a 7 representation plan to be drawn pursuant to this paragraph 8 “f” is required and shall submit to the state commissioner 9 of elections the precinct plan to be used to draw the 10 representation plan. Upon notification and submission of a 11 precinct plan, the state commissioner of elections shall review 12 and approve the precinct plan to be used. Following approval 13 of the precinct plan to be used, the state commissioner 14 of elections shall notify the legislative council which 15 shall direct the legislative services agency to prepare a 16 representation plan for the county. 17 (d) The plan drawn by the legislative services agency 18 shall be based upon the precinct plan adopted and approved 19 for use by the county and shall be drawn in accordance with 20 section 42.4 , to the extent applicable. After the legislative 21 services agency has drawn the plan, the legislative services 22 agency shall at the earliest feasible time make available to 23 the public all of the information required to be made public 24 by paragraph “b” . 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill concerns county supervisor representation and 29 districting plans. 30 Division I of the bill concerns the manner of selecting 31 county supervisors. Code section 331.206 specifies that county 32 supervisors may be elected pursuant to plan “one”, election at 33 large; plan “two”, election at large with district residence 34 requirements; or plan “three”, election from single-member 35 -3- LSB 5137XC (2) 87 ec/rj 3/ 5

S.F. _____ districts. The bill provides that the plan selected by the 1 board can only be changed after the plan has been in effect for 2 six years and only by a special election. 3 Code section 331.207, concerning special elections for 4 selecting a supervisor district plan, is amended to provide 5 that only a county that elects supervisors under either plan 6 “one” or plan “two” shall hold a special election and further 7 provides that for a county that elects supervisors under plan 8 “two”, the only supervisor representation plans that can be 9 selected pursuant to the special election shall be either plan 10 “two” or plan “three”. 11 Division II of the bill concerns the manner of adopting 12 redistricting plans for certain counties. Code section 13 331.210A(2)(f) is amended to provide that the procedure 14 for adopting a representation plan for a county that has a 15 population that exceeds 180,000 or that has adopted a charter 16 for a city-county consolidation form or community commonwealth 17 form that provides for representation by districts shall also 18 apply to a county with a population of 60,000 or more that has 19 adopted a plan “three” form of representation. The procedure 20 provides that the county’s initial plan for districts, and the 21 county’s first plan for districts after each federal decennial 22 census, shall be drawn by the legislative services agency based 23 upon an approved precinct plan for the county and the standards 24 applicable to congressional and legislative redistricting. If 25 the plan drawn by the legislative services agency is rejected 26 by the governing body, the governing body shall direct the 27 legislative services agency to prepare another plan as provided 28 by current law. 29 Code section 68B.32A, concerning complaints for improper 30 political reasons relative to an adopted supervisor district 31 plan, is amended to make the complaint process inapplicable 32 to plans prepared by the legislative services agency. In 33 addition, Code section 331.209 is amended to provide that 34 the state commissioner of elections shall not be permitted 35 -4- LSB 5137XC (2) 87 ec/rj 4/ 5

S.F. _____ to request assistance from the legislative services agency 1 relating to a representation plan drawn pursuant to Code 2 section 331.210A(2)(f). 3 -5- LSB 5137XC (2) 87 ec/rj 5/ 5