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Third Substitute H.B. 2001
Senator Michael G. Waddoups proposes the following substitute bill:
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HOUSE OF REPRESENTATIVES
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REDISTRICTING PLAN
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2001 SECOND SPECIAL SESSION
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STATE OF UTAH
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Sponsor: Gerry A. Adair
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This act modifies statutory provisions governing Utah House of Representatives districts.
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This act eliminates current boundaries and establishes new boundaries. This act establishes
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certain maps as the legal boundaries of House districts and establishes procedures for
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addressing omissions and uncertain boundaries. This act takes effect on January 1, 2002 for
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purposes of nominating and electing members of the Utah House of Representatives and on
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January 1, 2003 for all other purposes.
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This act affects sections of Utah Code Annotated 1953 as follows:
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ENACTS:
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36-1-201, Utah Code Annotated 1953
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36-1-202, Utah Code Annotated 1953
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36-1-203, Utah Code Annotated 1953
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36-1-204, Utah Code Annotated 1953
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REPEALS:
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36-1-4, as last amended by Chapter 112, Laws of Utah 1999
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36-1-5, as last amended by Chapter 10, Laws of Utah 1997
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
36-1-201
is enacted to read:
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Part 2. Utah House of Representatives
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36-1-201. Utah House of Representatives -- District boundaries.
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(1) The Utah House of Representatives shall consist of 75 members, with one member to
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be elected from each Utah House of Representatives district.
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(2) (a) The Legislature adopts the official census population figures and maps of the
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Bureau of the Census of the United States Department of Commerce developed in connection with
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the taking of the 2000 national decennial census as the official data for establishing House district
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boundaries.
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(b) The numbers and boundaries of the House districts are designated and established by
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the maps attached to the bill that enacts this section.
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Section 2.
Section
36-1-202
is enacted to read:
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36-1-202. Official maps of House districts.
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(1) (a) The Legislature shall file copies of the official maps enacted by the Legislature, and
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any other relevant materials, with the lieutenant governor's office.
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(b) The legal boundaries of House districts are contained in the official maps on file with
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the lieutenant governor's office.
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(2) When questions of interpretation of House district boundaries arise, the official maps
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on file in the lieutenant governor's office shall serve as the indication of the legislative intent in
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drawing the House district boundaries.
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(3) (a) Each county clerk shall obtain copies of the official maps for the clerk's county
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from the lieutenant governor's office.
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(b) Each county clerk shall establish voting precincts and polling places within each House
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district according to the procedures and requirements of Section
20A-5-303
.
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(4) Maps identifying the boundaries for House districts may be viewed on the Internet at
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the lieutenant governor's website.
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Section 3.
Section
36-1-203
is enacted to read:
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36-1-203. Omissions from maps -- How resolved.
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(1) If any area of the state is omitted from a Utah House of Representatives district in the
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maps enacted by the Legislature, the county clerk of the affected county, upon discovery of the
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omission, shall attach the area to the appropriate House district according to the requirements of
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Subsections (2) and (3).
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(2) If the area is surrounded by a House district, the area shall be attached to that district.
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(3) If the area is contiguous to two districts, the area shall be attached to the district that
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has the least population, as determined by the official census population figures and maps of the
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Bureau of the Census of the United States Department of Commerce developed in connection with
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the taking of the 2000 national decennial census.
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(4) Any attachment made under Subsection (1) shall be certified in writing and filed with
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the lieutenant governor.
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Section 4.
Section
36-1-204
is enacted to read:
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36-1-204. Uncertain boundaries -- How resolved.
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(1) As used in this section, "affected party" means:
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(a) a representative whose Utah House of Representatives district boundary is uncertain
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because the identifying feature used to establish the district boundary has been removed, modified,
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or is unable to be identified or who is uncertain about whether or not he or another person resides
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in a particular House district;
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(b) a candidate for representative whose House district boundary is uncertain because the
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identifying feature used to establish the district boundary has been removed, modified, or is unable
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to be identified or who is uncertain about whether or not he or another person resides in a
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particular House district; or
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(c) a person who is uncertain about which House district contains the person's residence
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because the identifying feature used to establish the district boundary has been removed, modified,
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or is unable to be identified.
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(2) (a) An affected party may file a written request petitioning the lieutenant governor to
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determine:
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(i) the precise location of the House district boundary;
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(ii) the number of the House district in which a person resides; or
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(iii) both Subsections (2)(a)(i) and (ii).
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(b) In order to make the determination required by Subsection (2)(a), the lieutenant
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governor shall review the official maps and obtain and review other relevant data such as census
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block and tract descriptions, aerial photographs, aerial maps, or other data about the area.
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(c) Within five days of receipt of the request, the lieutenant governor shall review the
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maps, obtain and review any relevant data, and make a determination.
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(d) When the lieutenant governor determines the location of the House district boundary,
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the lieutenant governor shall:
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(i) prepare a certification identifying the appropriate boundary and attaching a map, if
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necessary; and
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(ii) send a copy of the certification to the affected party and the county clerk of the affected
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county.
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(e) If the lieutenant governor determines the number of the House district in which a
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particular person resides, the lieutenant governor shall send a letter identifying that district by
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number to:
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(i) the person;
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(ii) the affected party who filed the petition, if different than the person whose House
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district number was identified; and
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(iii) the county clerk of the affected county.
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Section 5. Repealer.
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This act repeals:
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Section 36-1-4, House districts -- Definitions -- Numbers and boundaries of districts
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-- Resolving omissions and ambiguity.
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Section 36-1-5, Official maps of House districts.
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Section 6. Effective date.
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This act takes effect on January 1, 2002 for purposes of nominating and electing members
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of the Utah House of Representatives and on January 1, 2003 for all other purposes.
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