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Senate Study Bill 3172 - IntroducedA Bill ForAn Act 1relating to county supervisor representation and
2districting plans.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2SELECTION OF COUNTY SUPERVISOR REPRESENTATION PLANS
3 Section 1. Section 331.206, subsection 2, paragraph a, Code
42018, is amended to read as follows:
5a. The plan used under subsection 1 shall be selected by the
6board or by a special election as provided in section 331.207.
7A plan selected by the board shall remain in effect for at
8least six years unless it is and shall only be changed by a
9special election as provided in section 331.207.
10 Sec. 2. Section 331.207, subsection 1, Code 2018, is amended
11to read as follows:
121. The board of a county that elects supervisors under
13either plan “one” or plan “two” as each plan is defined in
14section 331.206, upon petition of the number of eligible
15electors of the county as specified in section 331.306, shall
16call a special election to be held for the purpose of selecting
17one of the supervisor representation plans specified in section
18331.206 under which the board of supervisors shall be elected.
19However, for a county that elects supervisors under plan “two”,
20the only supervisor representation plans that can be selected
21pursuant to the special election shall be either plan “two” or
22plan “three”.
23DIVISION II
24COUNTY SUPERVISOR REPRESENTATION DISTRICTING PLANS
25 Sec. 3. Section 68B.32A, subsection 16, Code 2018, is
26amended to read as follows:
2716. Establish an expedited procedure for reviewing
28complaints forwarded by the state commissioner of elections
29to the board for a determination as to whether a supervisor
30district plan adopted pursuant to section 331.210A that differs
31from a supervisor district plan prepared by the legislative
32services agency was drawn for improper political reasons
33as described in section 42.4, subsection 5. The expedited
34procedure shall be substantially similar to the process used
35for other complaints filed with the board except that the
-1-1provisions of section 68B.32D shall not apply.
2 Sec. 4. Section 331.209, subsection 4, Code 2018, is amended
3to read as follows:
44. Each temporary county redistricting commission shall
5notify the state commissioner of elections when the boundaries
6of supervisor districts are changed, shall provide a map
7delineating the new boundary lines, and shall certify to
8the state commissioner of elections the populations of the
9new supervisor districts as determined under the latest
10federal decennial census. Upon failure of a temporary county
11redistricting commission to make the required changes by
12the dates specified by this section and sections 331.203
13and 331.204 as determined by the state commissioner of
14elections, the state commissioner of elections shall make or
15cause to be made the necessary changes as soon as possible,
16and shall assess to the county the expenses incurred in so
17doing. The Except for a representation plan drawn pursuant
18to section 331.210A, subsection 2, paragraph “f”, the state
19commissioner of elections may request the services of personnel
20and materials available to the legislative services agency
21to assist the state commissioner in making required changes
22in supervisor district boundaries which become the state
23commissioner’s responsibility.
24 Sec. 5. Section 331.210A, subsection 2, paragraph f,
25subparagraph (1), Code 2018, is amended to read as follows:
26(1) (a) Notwithstanding the provisions of this section
27 to the contrary, for For purposes of this paragraph “f”,
28“qualifying county” means a county with a population of sixty
29thousand or more based on the most recent federal decennial
30census that elects supervisors under plan “three” as defined
31in section 331.206, or a county with a population of one
32hundred eighty thousand or more that has adopted a charter for
33a city-county consolidated form of government or a community
34commonwealth form of government and which charter provides for
35representation by districts,.
-2- 1(b) Notwithstanding any provision of this section to the
2contrary, for a qualifying county,the legislative services
3agency, and not the temporary county redistricting commission,
4shall draw a representation plan as provided by paragraph “a”
5pursuant to a contract executed with the county.
6(c) A county subject to the requirements of this paragraph
7“f” shall notify the state commissioner of elections that a
8representation plan to be drawn pursuant to this paragraph
9“f” is required and shall submit to the state commissioner
10of elections the precinct plan to be used to draw the
11representation plan. Upon notification and submission of a
12precinct plan, the state commissioner of elections shall review
13and approve the precinct plan to be used. Following approval
14of the precinct plan to be used, the state commissioner
15of elections shall notify the legislative council which
16shall direct the legislative services agency to prepare a
17representation plan for the county.
18(d) The plan drawn by the legislative services agency
19shall be based upon the precinct plan adopted and approved
20 for use by the county and shall be drawn in accordance with
21section 42.4, to the extent applicable. After the legislative
22services agency has drawn the plan, the legislative services
23agency shall at the earliest feasible time make available to
24the public all of the information required to be made public
25by paragraph “b”.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill concerns county supervisor representation and
30districting plans.
31Division I of the bill concerns the manner of selecting
32county supervisors. Code section 331.206 specifies that county
33supervisors may be elected pursuant to plan “one”, election at
34large; plan “two”, election at large with district residence
35requirements; or plan “three”, election from single-member
-3-1districts. The bill provides that the plan selected by the
2board can only be changed after the plan has been in effect for
3six years and only by a special election.
4Code section 331.207, concerning special elections for
5selecting a supervisor district plan, is amended to provide
6that only a county that elects supervisors under either plan
7“one” or plan “two” shall hold a special election and further
8provides that for a county that elects supervisors under plan
9“two”, the only supervisor representation plans that can be
10selected pursuant to the special election shall be either plan
11“two” or plan “three”.
12Division II of the bill concerns the manner of adopting
13redistricting plans for certain counties. Code section
14331.210A(2)(f) is amended to provide that the procedure
15for adopting a representation plan for a county that has a
16population that exceeds 180,000 or that has adopted a charter
17for a city-county consolidation form or community commonwealth
18form that provides for representation by districts shall also
19apply to a county with a population of 60,000 or more that has
20adopted a plan “three” form of representation. The procedure
21provides that the county’s initial plan for districts, and the
22county’s first plan for districts after each federal decennial
23census, shall be drawn by the legislative services agency based
24upon an approved precinct plan for the county and the standards
25applicable to congressional and legislative redistricting. If
26the plan drawn by the legislative services agency is rejected
27by the governing body, the governing body shall direct the
28legislative services agency to prepare another plan as provided
29by current law.
30Code section 68B.32A, concerning complaints for improper
31political reasons relative to an adopted supervisor district
32plan, is amended to make the complaint process inapplicable
33to plans prepared by the legislative services agency. In
34addition, Code section 331.209 is amended to provide that
35the state commissioner of elections shall not be permitted
-4-1to request assistance from the legislative services agency
2relating to a representation plan drawn pursuant to Code
3section 331.210A(2)(f).
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2districting plans.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2SELECTION OF COUNTY SUPERVISOR REPRESENTATION PLANS
3 Section 1. Section 331.206, subsection 2, paragraph a, Code
42018, is amended to read as follows:
5a. The plan used under subsection 1 shall be selected by the
6board or by a special election as provided in section 331.207.
7A plan selected by the board shall remain in effect for at
8least six years unless it is and shall only be changed by a
9special election as provided in section 331.207.
10 Sec. 2. Section 331.207, subsection 1, Code 2018, is amended
11to read as follows:
121. The board of a county that elects supervisors under
13either plan “one” or plan “two” as each plan is defined in
14section 331.206, upon petition of the number of eligible
15electors of the county as specified in section 331.306, shall
16call a special election to be held for the purpose of selecting
17one of the supervisor representation plans specified in section
18331.206 under which the board of supervisors shall be elected.
19However, for a county that elects supervisors under plan “two”,
20the only supervisor representation plans that can be selected
21pursuant to the special election shall be either plan “two” or
22plan “three”.
23DIVISION II
24COUNTY SUPERVISOR REPRESENTATION DISTRICTING PLANS
25 Sec. 3. Section 68B.32A, subsection 16, Code 2018, is
26amended to read as follows:
2716. Establish an expedited procedure for reviewing
28complaints forwarded by the state commissioner of elections
29to the board for a determination as to whether a supervisor
30district plan adopted pursuant to section 331.210A that differs
31from a supervisor district plan prepared by the legislative
32services agency was drawn for improper political reasons
33as described in section 42.4, subsection 5. The expedited
34procedure shall be substantially similar to the process used
35for other complaints filed with the board except that the
-1-1provisions of section 68B.32D shall not apply.
2 Sec. 4. Section 331.209, subsection 4, Code 2018, is amended
3to read as follows:
44. Each temporary county redistricting commission shall
5notify the state commissioner of elections when the boundaries
6of supervisor districts are changed, shall provide a map
7delineating the new boundary lines, and shall certify to
8the state commissioner of elections the populations of the
9new supervisor districts as determined under the latest
10federal decennial census. Upon failure of a temporary county
11redistricting commission to make the required changes by
12the dates specified by this section and sections 331.203
13and 331.204 as determined by the state commissioner of
14elections, the state commissioner of elections shall make or
15cause to be made the necessary changes as soon as possible,
16and shall assess to the county the expenses incurred in so
17doing. The Except for a representation plan drawn pursuant
18to section 331.210A, subsection 2, paragraph “f”, the state
19commissioner of elections may request the services of personnel
20and materials available to the legislative services agency
21to assist the state commissioner in making required changes
22in supervisor district boundaries which become the state
23commissioner’s responsibility.
24 Sec. 5. Section 331.210A, subsection 2, paragraph f,
25subparagraph (1), Code 2018, is amended to read as follows:
26(1) (a) Notwithstanding the provisions of this section
27 to the contrary, for For purposes of this paragraph “f”,
28“qualifying county” means a county with a population of sixty
29thousand or more based on the most recent federal decennial
30census that elects supervisors under plan “three” as defined
31in section 331.206, or a county with a population of one
32hundred eighty thousand or more that has adopted a charter for
33a city-county consolidated form of government or a community
34commonwealth form of government and which charter provides for
35representation by districts,.
-2- 1(b) Notwithstanding any provision of this section to the
2contrary, for a qualifying county,the legislative services
3agency, and not the temporary county redistricting commission,
4shall draw a representation plan as provided by paragraph “a”
5pursuant to a contract executed with the county.
6(c) A county subject to the requirements of this paragraph
7“f” shall notify the state commissioner of elections that a
8representation plan to be drawn pursuant to this paragraph
9“f” is required and shall submit to the state commissioner
10of elections the precinct plan to be used to draw the
11representation plan. Upon notification and submission of a
12precinct plan, the state commissioner of elections shall review
13and approve the precinct plan to be used. Following approval
14of the precinct plan to be used, the state commissioner
15of elections shall notify the legislative council which
16shall direct the legislative services agency to prepare a
17representation plan for the county.
18(d) The plan drawn by the legislative services agency
19shall be based upon the precinct plan adopted and approved
20 for use by the county and shall be drawn in accordance with
21section 42.4, to the extent applicable. After the legislative
22services agency has drawn the plan, the legislative services
23agency shall at the earliest feasible time make available to
24the public all of the information required to be made public
25by paragraph “b”.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill concerns county supervisor representation and
30districting plans.
31Division I of the bill concerns the manner of selecting
32county supervisors. Code section 331.206 specifies that county
33supervisors may be elected pursuant to plan “one”, election at
34large; plan “two”, election at large with district residence
35requirements; or plan “three”, election from single-member
-3-1districts. The bill provides that the plan selected by the
2board can only be changed after the plan has been in effect for
3six years and only by a special election.
4Code section 331.207, concerning special elections for
5selecting a supervisor district plan, is amended to provide
6that only a county that elects supervisors under either plan
7“one” or plan “two” shall hold a special election and further
8provides that for a county that elects supervisors under plan
9“two”, the only supervisor representation plans that can be
10selected pursuant to the special election shall be either plan
11“two” or plan “three”.
12Division II of the bill concerns the manner of adopting
13redistricting plans for certain counties. Code section
14331.210A(2)(f) is amended to provide that the procedure
15for adopting a representation plan for a county that has a
16population that exceeds 180,000 or that has adopted a charter
17for a city-county consolidation form or community commonwealth
18form that provides for representation by districts shall also
19apply to a county with a population of 60,000 or more that has
20adopted a plan “three” form of representation. The procedure
21provides that the county’s initial plan for districts, and the
22county’s first plan for districts after each federal decennial
23census, shall be drawn by the legislative services agency based
24upon an approved precinct plan for the county and the standards
25applicable to congressional and legislative redistricting. If
26the plan drawn by the legislative services agency is rejected
27by the governing body, the governing body shall direct the
28legislative services agency to prepare another plan as provided
29by current law.
30Code section 68B.32A, concerning complaints for improper
31political reasons relative to an adopted supervisor district
32plan, is amended to make the complaint process inapplicable
33to plans prepared by the legislative services agency. In
34addition, Code section 331.209 is amended to provide that
35the state commissioner of elections shall not be permitted
-4-1to request assistance from the legislative services agency
2relating to a representation plan drawn pursuant to Code
3section 331.210A(2)(f).
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