House File 2322 - Reprinted HOUSE FILE 2322 BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO HSB 602) (As Amended and Passed by the House March 7, 2012 ) A BILL FOR An Act concerning the review, approval, and establishment of 1 county supervisor districting plans. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 HF 2322 (3) 84 ec/sc
H.F. 2322 Section 1. Section 49.8, subsection 4, Code 2011, is amended 1 to read as follows: 2 4. If city population data certified by the United States 3 bureau of the census following the federal decennial census 4 is revised and the revision is certified by the United 5 States bureau of the census, such revisions may be used 6 to revise precinct and ward boundaries in accordance with 7 the requirements of sections 49.3 and 49.5 . The board of 8 supervisors shall determine whether such revised population 9 data affects the population equality of supervisor districts. 10 If necessary, the temporary county redistricting commission 11 shall be reconvened, notwithstanding section 331.210A, 12 subsection 4 , and supervisor districts shall be revised 13 in accordance with the requirements of section 331.210A, 14 subsection subsections 2 and 2A . 15 Sec. 2. Section 68B.32A, subsection 16, Code 2011, is 16 amended by striking the subsection. 17 Sec. 3. Section 331.209, subsection 4, Code 2011, is amended 18 by striking the subsection. 19 Sec. 4. Section 331.210A, subsection 2, paragraph e, Code 20 2011, is amended by striking the paragraph. 21 Sec. 5. Section 331.210A, subsection 2, paragraph f, 22 subparagraph (4), Code 2011, is amended to read as follows: 23 (4) The governing body, after approving a plan, shall comply 24 with the requirements of paragraph “e” subsection 2A . 25 Sec. 6. Section 331.210A, Code 2011, is amended by adding 26 the following new subsection: 27 NEW SUBSECTION . 2A. Review and approval of plans. 28 a. The plan adopted by the board of supervisors as provided 29 in subsection 2 shall be submitted to the state commissioner of 30 elections for review and approval. To facilitate this review, 31 each applicable temporary county redistricting commission 32 shall notify the state commissioner of elections when the 33 boundaries of supervisor districts will be changed or newly 34 divided pursuant to a change in the county representation plan, 35 -1- HF 2322 (3) 84 ec/sc 1/ 5
H.F. 2322 shall provide documentation as to when the board of supervisors 1 approved the new supervisor district plan, shall provide a map 2 delineating the new boundary lines, and shall certify to the 3 state commissioner of elections the populations of the new 4 supervisor districts as determined under the latest federal 5 decennial census. 6 b. (1) The state commissioner shall reject a county 7 supervisor districting plan submitted to the state commissioner 8 if a valid petition requesting that the legislative services 9 agency prepare the supervisor districting plan for the county 10 is filed with the state commissioner of elections, on a form 11 prescribed by the state commissioner, within thirty days after 12 the plan is approved by the board of supervisors. For purposes 13 of this subparagraph, a petition is a valid petition if signed 14 by eligible electors of the county equal in number to at least 15 two percent of the total votes cast in the county for the 16 office of governor at the last preceding general election 17 for governor. In addition, the petition shall include the 18 signatures of the eligible electors, a statement of their place 19 of residence, and the date on which they signed the petition. 20 If a date of signature on a petition is a date prior to the date 21 the board of supervisors approved the plan, the signature shall 22 not be counted. 23 (2) Upon determining that a valid petition has been filed 24 with the state commissioner, the state commissioner shall 25 notify the legislative council which shall, upon the request of 26 the state commissioner, direct the legislative services agency 27 to prepare a supervisor districting plan for the county. The 28 legislative services agency shall draw the plan, based to the 29 extent possible upon the precinct plan adopted and approved by 30 the state commissioner for use by the county, in accordance 31 with the standards of section 42.4, to the extent applicable, 32 and such other legal requirements applicable to county 33 supervisor districts. The legislative services agency shall 34 submit the plan to the board of supervisors for the county who 35 -2- HF 2322 (3) 84 ec/sc 2/ 5
H.F. 2322 shall approve or reject the plan as expeditiously as possible. 1 The board of supervisors shall notify the state commissioner 2 of the action taken and, if the plan is rejected, provide the 3 state commissioner written reasons for the rejection of the 4 plan. If the plan is rejected, the state commissioner shall 5 notify the legislative council which shall, upon the request 6 of the state commissioner, direct the legislative services 7 agency to prepare a second supervisor districting plan for the 8 county. The legislative services agency shall draw the plan 9 in accordance with the standards for a supervisor districting 10 plan as described in this subparagraph and, insofar as it is 11 possible to do so within the requirements for a supervisor 12 districting plan, in accordance with the reasons cited by the 13 board of supervisors by resolution for the rejection of the 14 first plan. The legislative services agency shall submit the 15 second plan to the state commissioner who shall impose the plan 16 on the county. 17 c. (1) If a valid petition as provided by paragraph “b” is 18 not filed with the state commissioner, the state commissioner 19 shall review the plan submitted and shall approve the plan if 20 the plan meets the standards of section 42.4 and such other 21 legal requirements applicable to county supervisor districts 22 and precincts. 23 (2) If the state commissioner finds that the plan does 24 not meet the standards of section 42.4 and such other legal 25 requirements applicable to county supervisor districts or 26 precincts, the state commissioner shall reject the plan, and 27 the board of supervisors shall direct the commission to prepare 28 and adopt an acceptable plan. If it is necessary for the 29 temporary county redistricting commission to make subsequent 30 attempts at adopting an acceptable plan because the initial 31 proposed district or precinct plan has been rejected pursuant 32 to this subparagraph, the subsequent plans do not require 33 public hearings. 34 d. Upon failure of a temporary county redistricting 35 -3- HF 2322 (3) 84 ec/sc 3/ 5
H.F. 2322 commission to make the required changes in supervisor district 1 boundaries by the dates specified by sections 331.203, 2 331.204, and 331.209 as determined by the state commissioner of 3 elections, the state commissioner of elections shall make or 4 cause to be made the necessary changes as soon as possible, and 5 shall assess to the county the expenses incurred in so doing. 6 The state commissioner of elections may request the services of 7 personnel and materials available to the legislative services 8 agency to assist the state commissioner in making required 9 changes in supervisor district boundaries which become the 10 state commissioner’s responsibility. 11 Sec. 7. Section 331.210A, subsection 4, Code 2011, is 12 amended to read as follows: 13 4. Termination. The terms of the members of the temporary 14 county redistricting commission shall expire twenty days 15 following the date the county’s supervisor district plan and 16 corresponding precinct plan, if applicable, are approved or 17 imposed by the state commissioner of elections under sections 18 section 49.7 and 331.209 this section . 19 Sec. 8. Section 331.248, subsection 2, paragraph h, Code 20 2011, is amended to read as follows: 21 h. Provide for a representation plan for the governing body 22 which representation plan may differ from the representation 23 plans provided in section 331.206 and in chapter 372 . If the 24 plan calls for representation by districts and the charter 25 has been approved in a county whose population is one hundred 26 eighty thousand or more, the plan shall be drawn pursuant to 27 section 331.210A, subsection 2 , paragraph “f” . The initial 28 representation plan for such a county shall be drawn as 29 provided in section 331.210A, subsection 2 , paragraph “f” , 30 within one hundred twenty days after the election at which the 31 charter is approved. For the initial representation plan, 32 the charter commission shall assume the role of the governing 33 body for purposes of this paragraph and , section 331.210A, 34 subsection 2 , paragraphs “d” through and “f” , and section 35 -4- HF 2322 (3) 84 ec/sc 4/ 5
H.F. 2322 331.210A, subsection 2A . 1 -5- HF 2322 (3) 84 ec/sc 5/ 5