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H.B. 2002
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STATE BOARD OF EDUCATION
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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 State Board of Education districts. This
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act eliminates current boundaries and establishes new boundaries. This act establishes
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election dates for each district to ensure that state board terms are staggered. This act
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establishes certain maps as the legal boundaries of state board districts and establishes
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procedures for addressing omissions and uncertain boundaries. This act takes effect
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January 1, 2002 for purposes of nominating and electing members of the State Board of
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Education and 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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20A-14-102.1, Utah Code Annotated 1953
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20A-14-102.2, Utah Code Annotated 1953
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REPEALS AND REENACTS:
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20A-14-101, as enacted by Chapter 1, Laws of Utah 1995
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20A-14-102, as last amended by Chapter 10, Laws of Utah 1997
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20A-14-103, as last amended by Chapter 132, Laws of Utah 1998
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
20A-14-101
is repealed and reenacted to read:
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20A-14-101. State Board of Education -- District boundaries.
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(1) The State Board of Education shall consist of 15 members, with one member to be
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elected from each State Board of Education 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 state board
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district boundaries.
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(b) The numbers and boundaries of the state board districts are designated and established
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by the maps attached to the bill that enacts this section.
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Section 2.
Section
20A-14-102
is repealed and reenacted to read:
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20A-14-102. Official maps of state board districts.
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(1) (a) The Legislature shall file copies of the official maps enacted by the Legislature with
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the lieutenant governor's office.
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(b) The legal boundaries of State Board of Education districts are contained in the official
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maps on file with the lieutenant governor's office.
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(2) When questions of interpretation of state board district boundaries arise, the official
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maps on file in the lieutenant governor's office shall serve as the indication of the legislative intent
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in drawing the state board 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 state
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board district according to the procedures and requirements of Section
20A-5-303
.
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(4) Maps identifying the boundaries for state board districts may be viewed on the Internet
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at the lieutenant governor's website.
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Section 3.
Section
20A-14-102.1
is enacted to read:
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20A-14-102.1. Omissions from maps -- How resolved.
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(1) If any area of the state is omitted from a State Board of Education district in the maps
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enacted by the Legislature, the county clerk of the affected county, upon discovery of the omission,
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shall attach the area to the appropriate state board 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 state board district, the area shall be attached to that
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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.
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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
20A-14-102.2
is enacted to read:
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20A-14-102.2. Uncertain boundaries -- How resolved.
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(1) As used in this section, "affected party" means:
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(a) a state school board member whose state school board 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 state board district;
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(b) a candidate for state school board whose state board 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 state board district; or
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(c) a person who is uncertain about which state board district contains the person's
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residence because the identifying feature used to establish the district boundary has been removed,
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modified, 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 state board district boundary;
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(ii) the number of the state board 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 aerial
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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) If the lieutenant governor determines the precise location of the state board district
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boundary, 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 state board district in which
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a 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 state board
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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.
Section
20A-14-103
is repealed and reenacted to read:
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20A-14-103. State Board of Education members -- When elected -- Qualifications --
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Avoiding conflicts of interest.
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(1) (a) In 2002 and every four years thereafter, one member each shall be elected from new
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Districts 2, 3, 5, 6, 9, 10, 14, and 15 to serve a four-year term.
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(b) In 2004 and every four years thereafter, one member each shall be elected from new
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Districts 4, 7, 8, 11, 12, and 13 to serve a four-year term.
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(c) (i) Because of the combination of certain former districts, the state school board
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members elected from old Districts 2 and 4 who will reside in new District 1 may not serve out
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the term for which they were elected, but shall stand for election in 2002 for a term of office of
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four years from the realigned district in which each resides.
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(ii) If one of the incumbent state school board members from new District 1 indicates in
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writing to the lieutenant governor that the school board member will not seek reelection, that
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incumbent state school board member may serve until January 1, 2003 and the other incumbent
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state school board member shall serve out the term for which the member was elected, which is
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until January 1, 2005.
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(2) A member shall:
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(a) be and remain a registered voter in the board district from which the member was
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elected or appointed; and
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(b) maintain his primary residence within the board district from which the member was
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elected or appointed.
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(3) A member of the State Board of Education may not, during the member's term of
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office, also serve as an employee of the board, the Utah State Office of Education, or the Utah
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State Office of Rehabilitation.
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Section 6. Effective date.
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This act takes effect January 1, 2002 for purposes of nominating and electing
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representatives to the State Board of Education and January 1, 2003 for all other purposes.
Legislative Review Note
as of 9-24-01 12:39 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.