Bill Text: IA SSB1009 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act concerning the review, approval, and establishment of county supervisor districting plans.
Spectrum: Unknown
Status: (N/A - Dead) 2013-01-16 - State Government: Danielson Chair,Jochum, and Chapman. [SSB1009 Detail]
Download: Iowa-2013-SSB1009-Introduced.html
Senate
Study
Bill
1009
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
SECRETARY
OF
STATE
BILL)
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
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_____
Section
1.
Section
49.8,
subsection
4,
Code
2013,
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
2013,
is
16
amended
by
striking
the
subsection.
17
Sec.
3.
Section
331.209,
subsection
4,
Code
2013,
is
amended
18
by
striking
the
subsection.
19
Sec.
4.
Section
331.210A,
subsection
2,
paragraph
e,
Code
20
2013,
is
amended
by
striking
the
paragraph.
21
Sec.
5.
Section
331.210A,
subsection
2,
paragraph
f,
22
subparagraph
(4),
Code
2013,
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
2013,
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,
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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
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shall
approve
or
reject
the
plan
as
expeditiously
as
possible,
1
but
no
later
than
thirty
days
after
the
plan
is
submitted.
The
2
board
of
supervisors
shall
notify
the
state
commissioner
of
the
3
action
taken
and,
if
the
plan
is
rejected,
provide
the
state
4
commissioner
written
reasons
for
the
rejection
of
the
plan.
If
5
the
plan
is
rejected,
the
state
commissioner
shall
notify
the
6
legislative
council
which
shall,
upon
the
request
of
the
state
7
commissioner,
direct
the
legislative
services
agency
to
prepare
8
a
second
supervisor
districting
plan
for
the
county.
The
9
legislative
services
agency
shall
draw
the
plan
in
accordance
10
with
the
standards
for
a
supervisor
districting
plan
as
11
described
in
this
subparagraph
and,
insofar
as
it
is
possible
12
to
do
so
within
the
requirements
for
a
supervisor
districting
13
plan,
in
accordance
with
the
reasons
cited
by
the
board
of
14
supervisors
by
resolution
for
the
rejection
of
the
first
plan.
15
The
legislative
services
agency
shall
submit
the
second
plan
to
16
the
state
commissioner
who
shall
impose
the
plan
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
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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
2013,
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
2013,
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
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331.210A,
subsection
2A
.
1
EXPLANATION
2
This
bill
concerns
county
supervisor
districting
plans.
3
Under
current
law,
following
adoption
by
the
county
4
supervisors
of
a
county
supervisor
districting
plan,
an
5
eligible
elector
from
the
county
may
file,
within
14
days
of
6
adopting
the
plan,
a
complaint
with
the
state
commissioner
of
7
elections
(the
secretary
of
state),
alleging
that
the
plan
was
8
drawn
for
improper
political
reasons.
Once
filed,
current
law
9
provides
that
the
complaint
be
forwarded
to
the
ethics
and
10
campaign
disclosure
board
for
a
determination
of
whether
the
11
plan
was
improperly
drawn.
12
The
bill
eliminates
the
complaint
process
relative
to
13
the
ethics
and
campaign
disclosure
board.
Instead,
the
bill
14
provides
that
if
following
the
adoption
of
a
county
supervisor
15
district
plan
a
valid
petition
is
filed
with
the
state
16
commissioner
of
elections,
the
state
commissioner
shall
reject
17
the
plan
and
request
the
legislative
council
to
direct
the
18
legislative
services
agency
to
draw
a
plan.
The
bill
provides
19
that
the
petition
shall
be
filed
within
30
days
after
the
20
adoption
of
the
plan
and
shall
be
signed
by
eligible
electors
21
of
the
county
equal
in
number
to
at
least
2
percent
of
the
total
22
votes
cast
for
the
office
of
governor
in
the
county
at
the
23
last
preceding
general
election
for
governor.
To
be
counted,
24
a
signature
shall
not
be
dated
prior
to
the
date
the
board
of
25
supervisors
approved
the
plan.
26
The
bill
provides
that
once
the
state
commissioner
27
determines
that
a
valid
petition
has
been
filed
and
has
made
a
28
request
to
the
legislative
council,
the
legislative
services
29
agency
shall
draw
a
proposed
county
supervisor
districting
30
plan
and
submit
the
plan
to
the
county
board
of
supervisors
31
who
shall
approve
or
reject
the
plan
within
thirty
days.
If
32
the
plan
is
rejected,
the
bill
provides
that
the
county
shall
33
provide
reasons
for
the
rejection
to
the
state
commissioner
34
of
elections
and
the
state
commissioner
shall
request
the
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legislative
council
to
direct
the
legislative
services
agency
1
to
draw
a
new
county
supervisor
districting
plan
in
accordance
2
with
the
reasons
submitted
to
the
extent
they
are
consistent
3
with
the
requirements
for
county
supervisor
districting
plans.
4
The
bill
provides
that
the
second
plan
shall
be
imposed
on
the
5
county
by
the
state
commissioner.
6
The
bill
makes
additional
changes
to
relocate
provisions
7
relative
to
the
consideration,
review,
approval,
and
8
imposition
of
county
supervisor
districting
plans
by
the
state
9
commissioner
of
elections
to
Code
section
331.210A.
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