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Fourth Substitute S.B. 2002
Representative Chad E. Bennion proposes the following substitute bill:
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CONGRESSIONAL THREE MEMBER PLAN
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2001 SECOND SPECIAL SESSION
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STATE OF UTAH
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Sponsor: Michael G. Waddoups
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This act modifies statutory provisions governing United States Congressional districts. This
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act eliminates current boundaries and establishes new boundaries. This act establishes
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certain maps as the legal boundaries of Congressional districts and establishes procedures
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for addressing omissions and uncertain boundaries. This act takes effect January 1, 2002
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for purposes of nominating and electing representatives to the Congress of the United States
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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-13-104, Utah Code Annotated 1953
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REPEALS AND REENACTS:
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20A-13-101, as enacted by Chapter 1, Laws of Utah 1995
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20A-13-102, as last amended by Chapter 79, Laws of Utah 1996
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20A-13-103, as enacted by Chapter 1, Laws of Utah 1995
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
20A-13-101
is repealed and reenacted to read:
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20A-13-101. Representatives to the United States Congress -- Three representative
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districts -- When elected -- District boundaries.
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(1) (a) The state of Utah is divided into three districts for the election of representatives
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to the Congress of the United States, with one member to be elected from each Congressional
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district.
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(b) At the general election to be held in 2002, and biennially thereafter, one representative
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from each Congressional district shall be elected to serve in the Congress of the United States.
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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 Congressional
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district boundaries.
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(b) The numbers and boundaries of the Congressional districts are designated and
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established by the maps attached to the bill that enacts this section.
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Section 2.
Section
20A-13-102
is repealed and reenacted to read:
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20A-13-102. Official maps of Congressional 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 Utah's Congressional 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 Congressional 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 Congressional 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
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Congressional district according to the procedures and requirements of Section
20A-5-303
.
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(4) Maps identifying the boundaries for Congressional districts may be viewed on the
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Internet at the lieutenant governor's website.
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Section 3.
Section
20A-13-103
is repealed and reenacted to read:
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20A-13-103. Omissions from maps -- How resolved.
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(1) If any area of the state is omitted from a Congressional district in the maps enacted by
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the Legislature, the county clerk of the affected county, upon discovery of the omission, shall
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attach the area to the appropriate Congressional 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 Congressional 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, as determined by the official census population figures and maps of the
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Bureau of Census of the United States Department of Commerce developed in connection with the
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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
20A-13-104
is enacted to read:
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20A-13-104. 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 Congressional 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 Congressional district;
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(b) a candidate for Congressional representative whose Congressional district boundary
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is uncertain because the identifying feature used to establish the district boundary has been
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removed, modified, or is unable to be identified or who is uncertain about whether or not he or
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another person resides in a particular Congressional district; or
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(c) a person who is uncertain about which Congressional 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 Congressional district boundary;
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(ii) the number of the Congressional 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 Congressional 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 Congressional 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
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Congressional district number was identified; and
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(iii) the county clerk of the affected county.
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Section 5. Effective date.
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This act takes effect on January 1, 2002 for purposes of nominating and electing
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representatives to the Congress of the United States and on January 1, 2003 for all other purposes.
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