H.B. 2002

1

STATE BOARD OF EDUCATION
2 REDISTRICTING PLAN
3 2001 SECOND SPECIAL SESSION
4 STATE OF UTAH
5 Sponsor: Gerry A. Adair
6 This act modifies statutory provisions governing State Board of Education districts. This
7 act eliminates current boundaries and establishes new boundaries. This act establishes
8 election dates for each district to ensure that state board terms are staggered. This act
9 establishes certain maps as the legal boundaries of state board districts and establishes
10 procedures for addressing omissions and uncertain boundaries. This act takes effect
11 January 1, 2002 for purposes of nominating and electing members of the State Board of
12 Education and January 1, 2003 for all other purposes.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 ENACTS:
15 20A-14-102.1, Utah Code Annotated 1953
16 20A-14-102.2, Utah Code Annotated 1953
17 REPEALS AND REENACTS:
18 20A-14-101, as enacted by Chapter 1, Laws of Utah 1995
19 20A-14-102, as last amended by Chapter 10, Laws of Utah 1997
20 20A-14-103, as last amended by Chapter 132, Laws of Utah 1998
21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 20A-14-101 is repealed and reenacted to read:
23 20A-14-101. State Board of Education -- District boundaries.
24 (1) The State Board of Education shall consist of 15 members, with one member to be
25 elected from each State Board of Education district.
26 (2) (a) The Legislature adopts the official census population figures and maps of the
27 Bureau of the Census of the United States Department of Commerce developed in connection with

28 the taking of the 2000 national decennial census as the official data for establishing state board
29 district boundaries.
30 (b) The numbers and boundaries of the state board districts are designated and established
31 by the maps attached to the bill that enacts this section.
32 Section 2. Section 20A-14-102 is repealed and reenacted to read:
33 20A-14-102. Official maps of state board districts.
34 (1) (a) The Legislature shall file copies of the official maps enacted by the Legislature with
35 the lieutenant governor's office.
36 (b) The legal boundaries of State Board of Education districts are contained in the official
37 maps on file with the lieutenant governor's office.
38 (2) When questions of interpretation of state board district boundaries arise, the official
39 maps on file in the lieutenant governor's office shall serve as the indication of the legislative intent
40 in drawing the state board district boundaries.
41 (3) (a) Each county clerk shall obtain copies of the official maps for the clerk's county
42 from the lieutenant governor's office.
43 (b) Each county clerk shall establish voting precincts and polling places within each state
44 board district according to the procedures and requirements of Section 20A-5-303 .
45 (4) Maps identifying the boundaries for state board districts may be viewed on the Internet
46 at the lieutenant governor's website.
47 Section 3. Section 20A-14-102.1 is enacted to read:
48 20A-14-102.1. Omissions from maps -- How resolved.
49 (1) If any area of the state is omitted from a State Board of Education district in the maps
50 enacted by the Legislature, the county clerk of the affected county, upon discovery of the omission,
51 shall attach the area to the appropriate state board district according to the requirements of
52 Subsections (2) and (3).
53 (2) If the area is surrounded by a state board district, the area shall be attached to that
54 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.
57 (4) Any attachment made under Subsection (1) shall be certified in writing and filed with
58 the lieutenant governor.

59 Section 4. Section 20A-14-102.2 is enacted to read:
60 20A-14-102.2. Uncertain boundaries -- How resolved.
61 (1) As used in this section, "affected party" means:
62 (a) a state school board member whose state school board district boundary is uncertain
63 because the identifying feature used to establish the district boundary has been removed, modified,
64 or is unable to be identified or who is uncertain about whether or not he or another person resides
65 in a particular state board district;
66 (b) a candidate for state school board whose state board district boundary is uncertain
67 because the identifying feature used to establish the district boundary has been removed, modified,
68 or is unable to be identified or who is uncertain about whether or not he or another person resides
69 in a particular state board district; or
70 (c) a person who is uncertain about which state board district contains the person's
71 residence because the identifying feature used to establish the district boundary has been removed,
72 modified, or is unable to be identified.
73 (2) (a) An affected party may file a written request petitioning the lieutenant governor to
74 determine:
75 (i) the precise location of the state board district boundary;
76 (ii) the number of the state board district in which a person resides; or
77 (iii) both Subsections (2)(a)(i) and (ii).
78 (b) In order to make the determination required by Subsection (2)(a), the lieutenant
79 governor shall review the official maps and obtain and review other relevant data such as aerial
80 photographs, aerial maps, or other data about the area.
81 (c) Within five days of receipt of the request, the lieutenant governor shall review the
82 maps, obtain and review any relevant data, and make a determination.
83 (d) If the lieutenant governor determines the precise location of the state board district
84 boundary, the lieutenant governor shall:
85 (i) prepare a certification identifying the appropriate boundary and attaching a map, if
86 necessary; and
87 (ii) send a copy of the certification to the affected party and the county clerk of the affected
88 county.
89 (e) If the lieutenant governor determines the number of the state board district in which

90 a particular person resides, the lieutenant governor shall send a letter identifying that district by
91 number to:
92 (i) the person;
93 (ii) the affected party who filed the petition, if different than the person whose state board
94 district number was identified; and
95 (iii) the county clerk of the affected county.
96 Section 5. Section 20A-14-103 is repealed and reenacted to read:
97 20A-14-103. State Board of Education members -- When elected -- Qualifications --
98 Avoiding conflicts of interest.
99 (1) (a) In 2002 and every four years thereafter, one member each shall be elected from new
100 Districts 2, 3, 5, 6, 9, 10, 14, and 15 to serve a four-year term.
101 (b) In 2004 and every four years thereafter, one member each shall be elected from new
102 Districts 4, 7, 8, 11, 12, and 13 to serve a four-year term.
103 (c) (i) Because of the combination of certain former districts, the state school board
104 members elected from old Districts 2 and 4 who will reside in new District 1 may not serve out
105 the term for which they were elected, but shall stand for election in 2002 for a term of office of
106 four years from the realigned district in which each resides.
107 (ii) If one of the incumbent state school board members from new District 1 indicates in
108 writing to the lieutenant governor that the school board member will not seek reelection, that
109 incumbent state school board member may serve until January 1, 2003 and the other incumbent
110 state school board member shall serve out the term for which the member was elected, which is
111 until January 1, 2005.
112 (2) A member shall:
113 (a) be and remain a registered voter in the board district from which the member was
114 elected or appointed; and
115 (b) maintain his primary residence within the board district from which the member was
116 elected or appointed.
117 (3) A member of the State Board of Education may not, during the member's term of
118 office, also serve as an employee of the board, the Utah State Office of Education, or the Utah
119 State Office of Rehabilitation.
120 Section 6. Effective date.

121 This act takes effect January 1, 2002 for purposes of nominating and electing
122 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.

Office of Legislative Research and General Counsel