HF 2322 (LSB 5274HV (3) 84)

HOUSE FILE 2322

BY  COMMITTEE ON LOCAL GOVERNMENT

(SUCCESSOR TO HSB 602)

(As Amended and Passed by the House 2012-03-07)

A BILL FOR

An Act concerning the review, approval, and establishment of county supervisor districting plans.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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