Third Substitute H.B. 2001

Senator Michael G. Waddoups proposes the following substitute bill:

1 HOUSE OF REPRESENTATIVES
2 REDISTRICTING PLAN
3 2001 SECOND SPECIAL SESSION
4 STATE OF UTAH
5 Sponsor: Gerry A. Adair
6 This act modifies statutory provisions governing Utah House of Representatives districts.
7 This act eliminates current boundaries and establishes new boundaries. This act establishes
8 certain maps as the legal boundaries of House districts and establishes procedures for
9 addressing omissions and uncertain boundaries. This act takes effect on January 1, 2002 for
10 purposes of nominating and electing members of the Utah House of Representatives and on
11 January 1, 2003 for all other purposes.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 ENACTS:
14 36-1-201, Utah Code Annotated 1953
15 36-1-202, Utah Code Annotated 1953
16 36-1-203, Utah Code Annotated 1953
17 36-1-204, Utah Code Annotated 1953
18 REPEALS:
19 36-1-4, as last amended by Chapter 112, Laws of Utah 1999
20 36-1-5, as last amended by Chapter 10, Laws of Utah 1997
21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 36-1-201 is enacted to read:
23 Part 2. Utah House of Representatives
24 36-1-201. Utah House of Representatives -- District boundaries.
25 (1) The Utah House of Representatives shall consist of 75 members, with one member to

26 be elected from each Utah House of Representatives district.
27 (2) (a) The Legislature adopts the official census population figures and maps of the
28 Bureau of the Census of the United States Department of Commerce developed in connection with
29 the taking of the 2000 national decennial census as the official data for establishing House district
30 boundaries.
31 (b) The numbers and boundaries of the House districts are designated and established by
32 the maps attached to the bill that enacts this section.
33 Section 2. Section 36-1-202 is enacted to read:
34 36-1-202. Official maps of House districts.
35 (1) (a) The Legislature shall file copies of the official maps enacted by the Legislature, and
36 any other relevant materials, with the lieutenant governor's office.
37 (b) The legal boundaries of House districts are contained in the official maps on file with
38 the lieutenant governor's office.
39 (2) When questions of interpretation of House district boundaries arise, the official maps
40 on file in the lieutenant governor's office shall serve as the indication of the legislative intent in
41 drawing the House district boundaries.
42 (3) (a) Each county clerk shall obtain copies of the official maps for the clerk's county
43 from the lieutenant governor's office.
44 (b) Each county clerk shall establish voting precincts and polling places within each House
45 district according to the procedures and requirements of Section 20A-5-303 .
46 (4) Maps identifying the boundaries for House districts may be viewed on the Internet at
47 the lieutenant governor's website.
48 Section 3. Section 36-1-203 is enacted to read:
49 36-1-203. Omissions from maps -- How resolved.
50 (1) If any area of the state is omitted from a Utah House of Representatives district in the
51 maps enacted by the Legislature, the county clerk of the affected county, upon discovery of the
52 omission, shall attach the area to the appropriate House district according to the requirements of
53 Subsections (2) and (3).
54 (2) If the area is surrounded by a House district, the area shall be attached to that district.
55 (3) If the area is contiguous to two districts, the area shall be attached to the district that
56 has the least population, as determined by the official census population figures and maps of the

57 Bureau of the Census of the United States Department of Commerce developed in connection with
58 the taking of the 2000 national decennial census.
59 (4) Any attachment made under Subsection (1) shall be certified in writing and filed with
60 the lieutenant governor.
61 Section 4. Section 36-1-204 is enacted to read:
62 36-1-204. Uncertain boundaries -- How resolved.
63 (1) As used in this section, "affected party" means:
64 (a) a representative whose Utah House of Representatives district boundary is uncertain
65 because the identifying feature used to establish the district boundary has been removed, modified,
66 or is unable to be identified or who is uncertain about whether or not he or another person resides
67 in a particular House district;
68 (b) a candidate for representative whose House district boundary is uncertain because the
69 identifying feature used to establish the district boundary has been removed, modified, or is unable
70 to be identified or who is uncertain about whether or not he or another person resides in a
71 particular House district; or
72 (c) a person who is uncertain about which House district contains the person's residence
73 because the identifying feature used to establish the district boundary has been removed, modified,
74 or is unable to be identified.
75 (2) (a) An affected party may file a written request petitioning the lieutenant governor to
76 determine:
77 (i) the precise location of the House district boundary;
78 (ii) the number of the House district in which a person resides; or
79 (iii) both Subsections (2)(a)(i) and (ii).
80 (b) In order to make the determination required by Subsection (2)(a), the lieutenant
81 governor shall review the official maps and obtain and review other relevant data such as census
82 block and tract descriptions, aerial photographs, aerial maps, or other data about the area.
83 (c) Within five days of receipt of the request, the lieutenant governor shall review the
84 maps, obtain and review any relevant data, and make a determination.
85 (d) When the lieutenant governor determines the location of the House district boundary,
86 the lieutenant governor shall:
87 (i) prepare a certification identifying the appropriate boundary and attaching a map, if

88 necessary; and
89 (ii) send a copy of the certification to the affected party and the county clerk of the affected
90 county.
91 (e) If the lieutenant governor determines the number of the House district in which a
92 particular person resides, the lieutenant governor shall send a letter identifying that district by
93 number to:
94 (i) the person;
95 (ii) the affected party who filed the petition, if different than the person whose House
96 district number was identified; and
97 (iii) the county clerk of the affected county.
98 Section 5. Repealer.
99 This act repeals:
100 Section 36-1-4, House districts -- Definitions -- Numbers and boundaries of districts
101 -- Resolving omissions and ambiguity.
102 Section 36-1-5, Official maps of House districts.
103 Section 6. Effective date.
104 This act takes effect on January 1, 2002 for purposes of nominating and electing members
105 of the Utah House of Representatives and on January 1, 2003 for all other purposes.