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S.B. 2001 Enrolled
This act modifies statutory provisions governing Utah State Senate districts. This act
eliminates current boundaries and establishes new boundaries. This act establishes election
dates for each district to ensure that Senate terms are staggered. This act establishes certain
maps as the legal boundaries of Senate districts and establishes procedures for addressing
omissions and uncertain boundaries. This act takes effect on January 1, 2002 for purposes
of nominating and electing certain members of the Utah State Senate and on January 1, 2003
for all other purposes.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
36-1-101, Utah Code Annotated 1953
36-1-102, Utah Code Annotated 1953
36-1-103, Utah Code Annotated 1953
36-1-104, Utah Code Annotated 1953
36-1-105, Utah Code Annotated 1953
REPEALS:
36-1-1, as last amended by Chapter 112, Laws of Utah 1999
36-1-2, as last amended by Chapter 4, Laws of Utah 1991, Second Special Session
36-1-3, as last amended by Chapter 10, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 36-1-101 is enacted to read:
36-1-101. Utah State Senate -- District boundaries.
(1) The Utah State Senate shall consist of 29 members, with one member to be elected
from each Utah State Senate 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 Senate district
boundaries.
(b) The numbers and boundaries of the Senate districts are designated and established by the
maps attached to the bill that enacts this section.
Section 2. Section 36-1-102 is enacted to read:
36-1-102. Election of senators -- Staggered terms.
(1) Unless otherwise provided by law, each senator elected from Senate Districts 1, 6, 8, 10,
13, 14, 16, 19, 20, 23, 24, 25, 27, and 29 at the 2000 General Election shall serve out the term of
office for which he or she was elected and shall represent the realigned district if he or she resides
in that district.
(2) At the general election to be held in 2002, senators elected from Senate Districts 2, 3,
4, 5, 7, 9, 11, 12, 15, 17, 18, 21, 22, 26, and 28 shall be elected to serve a term of office of four years.
Section 3. Section 36-1-103 is enacted to read:
36-1-103. Official maps of Senate Districts.
(1) (a) The Legislature shall file copies of the official maps enacted by the Legislature, and
any other relevant data, with the lieutenant governor's office.
(b) The legal boundaries of Senate districts are contained in the official maps on file with
the lieutenant governor's office.
(2) When questions of interpretation of Senate 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 Senate 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 Senate
district according to the procedures and requirements of Section 20A-5-303 .
(4) Maps identifying the boundaries for Senate districts may be viewed on the Internet at the
lieutenant governor's website.
Section 4. Section 36-1-104 is enacted to read:
36-1-104. Omissions from maps -- How resolved.
(1) If any area of the state is omitted from a Utah State Senate 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 Senate district according to the requirements of Subsections (2) and
(3).
(2) If the area is surrounded by a Senate 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, as determined by the 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.
(4) Any attachment made under Subsection (1) shall be certified in writing and filed with
the lieutenant governor.
Section 5. Section 36-1-105 is enacted to read:
36-1-105. Uncertain boundaries -- How resolved.
(1) As used in this section, "affected party" means:
(a) a senator whose Utah State Senate 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 Senate
district;
(b) a candidate for senator whose Senate 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
Senate district; or
(c) a person who is uncertain about which Senate 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 Senate district boundary;
(ii) the number of the Senate 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 census block and
tract descriptions, 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) When the lieutenant governor determines the location of the Senate district boundary,
the lieutenant governor shall:
(i) prepare a certification identifying the appropriate boundary and attaching a map, if
necessary; and
(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 Senate 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 Senate district
number was identified; and
(iii) the county clerk of the affected county.
Section 6. Repealer.
This act repeals:
Section 36-1-1, Senatorial districts -- Definitions -- Numbers and boundaries of districts
-- Resolving omissions and ambiguity.
Section 36-1-2, Election of senators.
Section 36-1-3, Official maps of Senate districts.
Section 7. Effective date.
This act takes effect on January 1, 2002 for purposes of nominating and electing members
of the Utah State Senate and on January 1, 2003 for all other purposes.
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