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H.B. 2002 Enrolled

                 

STATE BOARD OF EDUCATION

                 
REDISTRICTING PLAN

                 
2001 SECOND SPECIAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Gerry A. Adair

                  This act modifies statutory provisions governing State Board of Education districts. This
                  act eliminates current boundaries and establishes new boundaries. This act establishes
                  election dates for each district to ensure that state board terms are staggered. This act
                  establishes certain maps as the legal boundaries of state board districts and establishes
                  procedures for addressing omissions and uncertain boundaries. This act takes effect
                  January 1, 2002 for purposes of nominating and electing members of the State Board of
                  Education and January 1, 2003 for all other purposes.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  ENACTS:
                      20A-14-102.1, Utah Code Annotated 1953
                      20A-14-102.2, Utah Code Annotated 1953
                  REPEALS AND REENACTS:
                      20A-14-101, as enacted by Chapter 1, Laws of Utah 1995
                      20A-14-102, as last amended by Chapter 10, Laws of Utah 1997
                      20A-14-103, as last amended by Chapter 132, Laws of Utah 1998
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 20A-14-101 is repealed and reenacted to read:
                      20A-14-101. State Board of Education -- Number of members -- District boundaries.
                      (1) The State Board of Education shall consist of 15 members, with one member to be
                  elected from each State Board of Education district.
                      (2) (a) The Legislature adopts the official census population figures and maps of the
                  Bureau of the Census of the United States Department of Commerce developed in connection with
                  the taking of the 2000 national decennial census as the official data for establishing state board
                  district boundaries.


                      (b) The numbers and boundaries of the state board districts are designated and established
                  by the maps attached to the bill that enacts this section.
                      Section 2. Section 20A-14-102 is repealed and reenacted to read:
                      20A-14-102. Official maps of state board districts.
                      (1) (a) The Legislature shall file copies of the official maps enacted by the Legislature with
                  the lieutenant governor's office.
                      (b) The legal boundaries of State Board of Education districts are contained in the official
                  maps on file with the lieutenant governor's office.
                      (2) When questions of interpretation of state board district boundaries arise, the official maps
                  on file in the lieutenant governor's office shall serve as the indication of the legislative intent in
                  drawing the state board district boundaries.
                      (3) (a) Each county clerk shall obtain copies of the official maps for the clerk's county from
                  the lieutenant governor's office.
                      (b) Each county clerk shall establish voting precincts and polling places within each state
                  board district according to the procedures and requirements of Section 20A-5-303 .
                      (4) Maps identifying the boundaries for state board districts may be viewed on the Internet
                  at the lieutenant governor's website.
                      Section 3. Section 20A-14-102.1 is enacted to read:
                      20A-14-102.1. Omissions from maps -- How resolved.
                      (1) If any area of the state is omitted from a State Board of Education district in the maps
                  enacted by the Legislature, the county clerk of the affected county, upon discovery of the omission,
                  shall attach the area to the appropriate state board district according to the requirements of
                  Subsections (2) and (3).
                      (2) If the area is surrounded by a state board district, the area shall be attached to that district.
                      (3) If the area is contiguous to two districts, the area shall be attached to the district that has
                  the least population.
                      (4) Any attachment made under Subsection (1) shall be certified in writing and filed with
                  the lieutenant governor.

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                      Section 4. Section 20A-14-102.2 is enacted to read:
                      20A-14-102.2. Uncertain boundaries -- How resolved.
                      (1) As used in this section, "affected party" means:
                      (a) a state school board member whose state school board district boundary is uncertain
                  because the identifying feature used to establish the district boundary has been removed, modified,
                  or is unable to be identified or who is uncertain about whether or not he or another person resides
                  in a particular state board district;
                      (b) a candidate for state school board whose state board district boundary is uncertain
                  because the identifying feature used to establish the district boundary has been removed, modified,
                  or is unable to be identified or who is uncertain about whether or not he or another person resides
                  in a particular state board district; or
                      (c) a person who is uncertain about which state board district contains the person's residence
                  because the identifying feature used to establish the district boundary has been removed, modified,
                  or is unable to be identified.
                      (2) (a) An affected party may file a written request petitioning the lieutenant governor to
                  determine:
                      (i) the precise location of the state board district boundary;
                      (ii) the number of the state board district in which a person resides; or
                      (iii) both Subsections (2)(a)(i) and (ii).
                      (b) In order to make the determination required by Subsection (2)(a), the lieutenant governor
                  shall review the official maps and obtain and review other relevant data such as aerial photographs,
                  aerial maps, or other data about the area.
                      (c) Within five days of receipt of the request, the lieutenant governor shall review the maps,
                  obtain and review any relevant data, and make a determination.
                      (d) If the lieutenant governor determines the precise location of the state board district
                  boundary, the lieutenant governor shall:
                      (i) prepare a certification identifying the appropriate boundary and attaching a map, if
                  necessary; and

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                      (ii) send a copy of the certification to the affected party and the county clerk of the affected
                  county.
                      (e) If the lieutenant governor determines the number of the state board district in which a
                  particular person resides, the lieutenant governor shall send a letter identifying that district by
                  number to:
                      (i) the person;
                      (ii) the affected party who filed the petition, if different than the person whose state board
                  district number was identified; and
                      (iii) the county clerk of the affected county.
                      Section 5. Section 20A-14-103 is repealed and reenacted to read:
                      20A-14-103. State Board of Education members -- When elected -- Qualifications --
                  Avoiding conflicts of interest.
                      (1) (a) In 2002 and every four years thereafter, one member each shall be elected from new
                  Districts 2, 3, 5, 6, 9, 10, 14, and 15 to serve a four-year term.
                      (b) In 2004 and every four years thereafter, one member each shall be elected from new
                  Districts 4, 7, 8, 11, 12, and 13 to serve a four-year term.
                      (c) (i) Because of the combination of certain former districts, the state school board members
                  elected from old Districts 2 and 4 who will reside in new District 1 may not serve out the term for
                  which they were elected, but shall stand for election in 2002 for a term of office of four years from
                  the realigned district in which each resides.
                      (ii) If one of the incumbent state school board members from new District 1 indicates in
                  writing to the lieutenant governor that the school board member will not seek reelection, that
                  incumbent state school board member may serve until January 1, 2003 and the other incumbent state
                  school board member shall serve out the term for which the member was elected, which is until
                  January 1, 2005.
                      (2) A member shall:
                      (a) be and remain a registered voter in the board district from which the member was elected
                  or appointed; and

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                      (b) maintain his primary residence within the board district from which the member was
                  elected or appointed.
                      (3) A member of the State Board of Education may not, during the member's term of office,
                  also serve as an employee of the board, the Utah State Office of Education, or the Utah State Office
                  of Rehabilitation.
                      Section 6. Effective date.
                      This act takes effect January 1, 2002 for purposes of nominating and electing representatives
                  to the State Board of Education and January 1, 2003 for all other purposes.

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