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H.B. 366
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7 LONG TITLE
8 Redistricting Boundary Information:
9 The Utah State House district boundary information may be found at http://le.utah.gov .
10 Electronic file security code: fed056ca002031e4f00a630239ec1cdd
11 General Description:
12 This bill, which includes this printed text and the electronic data affiliated with it,
13 modifies the boundary between two Utah State House districts to align with a county
14 boundary change and makes minor adjustments to Utah State House district boundaries.
15 Highlighted Provisions:
16 This bill:
17 . adopts the House district boundaries adjusted and approved by the lieutenant
18 governor and used in the November 2012 election, which reconcile United States
19 Census Bureau geographic data with state geographic data for:
20 . county boundaries;
21 . municipal boundaries; and
22 . school district boundaries;
23 . incorporates five small doughnut holes with the district that completely surrounds
24 the doughnut hole;
25 . corrects seven other discontiguous polygons;
26 . adjusts a section of the boundary between State House districts 58 and 68 to align
27 with a county boundary change between Millard and Juab counties;
28 . removes references to census blocks that are now incorporated in the shapefile; and
29 . establishes the House shapefile in the electronic file, which is part of this bill in
30 electronic form, as the legal boundaries of State House districts.
31 Money Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 None
35 Utah Code Sections Affected:
36 AMENDS:
37 36-1-201.1, as enacted by Laws of Utah 2011, Third Special Session, Chapter 6
38 36-1-201.5, as last amended by Laws of Utah 2012, Chapter 1
39 36-1-202, as last amended by Laws of Utah 2012, Chapter 1
40 36-1-202.2, as last amended by Laws of Utah 2012, Chapter 1
41 36-1-203, as last amended by Laws of Utah 2011, Third Special Session, Chapter 6
42 36-1-204, as last amended by Laws of Utah 2012, Chapter 1
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44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 36-1-201.1 is amended to read:
46 36-1-201.1. Definitions.
47 As used in this part:
48 (1) "Census block" means any one of the 115, 406 individual geographic areas into
49 which the Bureau of the Census of the United States Department of Commerce has divided the
50 state of Utah, to each of which the Bureau of the Census has attached a discrete population
51 tabulation from the 2010 decennial census.
52 (2) "House block assignment file" means the electronic file that assigns each of Utah's
53 115, 406 census blocks to a particular Utah House district.
54 (3) "House shapefile" means the electronic shapefile that stores the boundary of each of
55 the 75 Utah House districts.
56 (4) "Shapefile" means the digital vector storage format for storing geometric location
57 and associated attribute information.
58 Section 2. Section 36-1-201.5 is amended to read:
59 36-1-201.5. Utah House of Representatives -- House district boundaries.
60 (1) As used in this section:
61 (a) "County boundary" means the county boundary's location in the database as of
62 January 1, 2010.
63 (b) "Database" means the State Geographic Information Database created in Section
64 63F-1-507 .
65 (c) "Local school district boundary" means the local school district boundary's location
66 in the database as of January 1, 2010.
67 (d) "Municipal boundary" means the municipal boundary's location in the database as
68 of January 1, 2010.
69 (2) The Utah House of Representatives shall consist of 75 members, with one member
70 to be elected from each Utah House of Representative district.
71 (3) [
72 census population figures and maps of the Bureau of the Census of the United States
73 Department of Commerce developed in connection with the taking of the 2010 national
74 decennial census as the official data for establishing House district boundaries.
75 (4) (a) [
76 enacts the district numbers and boundaries of the House districts designated by the House
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78 section.
79 (b) That House [
80 generated from that [
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272 Section 3. Section 36-1-202 is amended to read:
273 36-1-202. House districts -- Filing -- Legal boundaries.
274 (1) (a) The Legislature shall file a copy of the House [
275 enacted by the Legislature with the lieutenant governor's office.
276 (b) [
277 House districts are contained in the House [
278 lieutenant governor's office.
279 (2) (a) The lieutenant governor shall:
280 (i) generate maps of each House district from the House [
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282 (ii) ensure that those maps are available for viewing on the lieutenant governor's
283 website.
284 (b) If there is any inconsistency between the maps[
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286 House [
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288 Section 4. Section 36-1-202.2 is amended to read:
289 36-1-202.2. County clerk, Automated Geographic Reference Center, and
290 lieutenant governor responsibilities -- Maps and voting precinct boundaries.
291 (1) As used in this section, "redistricting boundary data" means the House [
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294 (2) Each county clerk shall obtain a copy of the redistricting boundary data for the
295 clerk's county from the lieutenant governor's office.
296 (3) (a) A county clerk may create one or more county maps that identify the boundaries
297 of House districts as generated from the redistricting boundary data.
298 (b) Before publishing or distributing any map or data created by the county clerk that
299 identifies the boundaries of House districts within the county, the clerk shall submit the county
300 map and data to the lieutenant governor and to the Automated Geographic Reference Center for
301 review.
302 (c) Within 30 days after receipt of a county map and data from a county clerk, the
303 Automated Geographic Reference Center shall:
304 (i) review the county map and data to evaluate if the county map and data accurately
305 reflect the boundaries of House districts established by the Legislature in the redistricting
306 boundary data;
307 (ii) determine whether the county map and data are correct or incorrect; and
308 (iii) communicate those findings to the lieutenant governor.
309 (d) The lieutenant governor shall either notify the county clerk that the county map and
310 data are correct or notify the county clerk that the county map and data are incorrect.
311 (e) If the county clerk receives notice from the lieutenant governor that the county map
312 and data submitted are incorrect, the county clerk shall:
313 (i) make the corrections necessary to conform the county map and data to the
314 redistricting boundary data; and
315 (ii) resubmit the corrected county map and data to the lieutenant governor and to the
316 Automated Geographic Reference Center for a new review under this Subsection (3).
317 (4) (a) Subject to the requirements of this Subsection (4), each county clerk shall
318 establish voting precincts and polling places within each House district according to the
319 procedures and requirements of Section 20A-5-303 .
320 (b) Within five working days after approval of voting precincts and polling places by
321 the county legislative body as required by Section 20A-5-303 , each county clerk shall submit a
322 voting precinct map identifying the boundaries of each voting precinct within the county to the
323 lieutenant governor and to the Automated Geographic Reference Center for review.
324 (c) Within 30 days after receipt of a voting precinct map from a county clerk, the
325 Automated Geographic Reference Center shall:
326 (i) review the voting precinct map to evaluate if the county map accurately reflects the
327 boundaries of House districts established by the Legislature in the redistricting boundary data;
328 (ii) determine whether the voting precinct map is correct or incorrect; and
329 (iii) communicate those findings to the lieutenant governor.
330 (d) The lieutenant governor shall either notify the county clerk that the voting precinct
331 map is correct or notify the county clerk that the voting precinct map is incorrect.
332 (e) If the county clerk receives notice from the lieutenant governor that the voting
333 precinct map is incorrect, the county clerk shall:
334 (i) make the corrections necessary to conform the voting precinct map to the
335 redistricting boundary data; and
336 (ii) resubmit the corrected voting precinct map to the lieutenant governor and to the
337 Automated Geographic Reference Center for a new review under this Subsection (4).
338 Section 5. Section 36-1-203 is amended to read:
339 36-1-203. Omissions from maps -- How resolved.
340 (1) If any area of the state is omitted from a Utah House of Representatives district in
341 the House [
342 affected county, upon discovery of the omission, shall attach the area to the appropriate House
343 district according to the requirements of Subsections (2) and (3).
344 (2) If the omitted area is surrounded by a single House district, the county clerk shall
345 attach the area to that district.
346 (3) If the omitted area is contiguous to two or more House districts, the county clerk
347 shall attach the area to the district that has the least population, as determined by the [
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349 Estimates Committee.
350 (4) The county clerk shall certify in writing and file with the lieutenant governor any
351 attachment made under this section.
352 Section 6. Section 36-1-204 is amended to read:
353 36-1-204. Uncertain boundaries -- How resolved.
354 (1) As used in this section:
355 (a) "Affected party" means:
356 (i) a representative whose Utah House of Representatives district boundary is uncertain
357 because the feature used to establish the district boundary in the House [
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359 removed, modified, or is unable to be identified or who is uncertain about whether or not the
360 representative or another person resides in a particular House district;
361 (ii) a candidate for representative whose House district boundary is uncertain because
362 the feature used to establish the district boundary in the House [
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364 modified, or is unable to be identified or who is uncertain about whether or not the candidate or
365 another person resides in a particular House district; or
366 (iii) a person who is uncertain about which House district contains the person's
367 residence because the feature used to establish the district boundary in the House [
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369 shapefile has been removed, modified, or is unable to be identified.
370 (b) "Feature" means a geographic or other identifiable tangible or intangible object
371 such as a road or political subdivision boundary that is used to establish a House district
372 boundary.
373 (2) (a) An affected party may file a written request petitioning the lieutenant governor
374 to determine:
375 (i) the precise location of the House district boundary;
376 (ii) the number of the House district in which a person resides; or
377 (iii) both Subsections (2)(a)(i) and (ii).
378 (b) In order to make the determination required by Subsection (2)(a), the lieutenant
379 governor shall review:
380 (i) the House [
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383 about the area.
384 (c) Within five days of receipt of the request, the lieutenant governor shall:
385 (i) review the House [
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389 (d) When the lieutenant governor determines the location of the House district
390 boundary, the lieutenant governor shall:
391 (i) prepare a certification identifying the appropriate House district boundary and
392 attaching a map, if necessary; and
393 (ii) send a copy of the certification to:
394 (A) the affected party;
395 (B) the county clerk of the affected county; and
396 (C) the Automated Geographic Reference Center created under Section 63F-1-506 .
397 (e) If the lieutenant governor determines the number of the House district in which a
398 particular person resides, the lieutenant governor shall send a letter identifying that district by
399 number to:
400 (i) the person;
401 (ii) the affected party who filed the petition, if different than the person whose House
402 district number was identified; and
403 (iii) the county clerk of the affected county.
Legislative Review Note
as of 2-22-13 6:58 PM