Sixth Substitute H.B. 3001

Senator Ralph Okerlund proposes the following substitute bill:

1 UTAH STATE HOUSE BOUNDARIES DESIGNATION
2 2011 THIRD SPECIAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kenneth W. Sumsion
5 Senate Sponsor: Ralph Okerlund
6
7 LONG TITLE
8 Redistricting Boundary Information:
9 The Utah State House district boundary information may be found at .
10 Block assignment file security code: 3f7170c5889e67e6c2d8adbf1a979610
11 General Description:
12 This bill, which includes this printed text and the electronic data affiliated with it,
13 establishes new Utah State House district boundaries and makes other technical
14 corrections.
15 Highlighted Provisions:
16 This bill:
17 . repeals current Utah State House boundaries and establishes new Utah State House
18 boundaries;
19 . establishes the block assignment file that is part of this bill in electronic form as the
20 legal boundaries of Utah State House districts; and
21 . makes technical corrections.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 This bill takes effect on January 1, 2012, for purposes of nominating and electing

26 members of the Utah State House and on January 1, 2013, for all other purposes.
27 Utah Code Sections Affected:
28 AMENDS:
29 36-1-202, as last amended by Laws of Utah 2011, Chapter 74
30 36-1-202.2, as enacted by Laws of Utah 2011, Chapter 74
31 36-1-203, as enacted by Laws of Utah 2001, Second Special Session, Chapter 1
32 36-1-204, as last amended by Laws of Utah 2005, Chapter 169
33 ENACTS:
34 36-1-201.1, Utah Code Annotated 1953
35 36-1-201.5, Utah Code Annotated 1953
36 REPEALS:
37 36-1-201, as last amended by Laws of Utah 2011, Chapter 74
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 36-1-201.1 is enacted to read:
41 36-1-201.1. Definitions.
42 As used in this section:
43 (1) "Census block" means any one of the 115, 406 individual geographic areas into
44 which the Bureau of the Census of the United States Department of Commerce has divided the
45 state of Utah, to each of which the Bureau of the Census has attached a discrete population
46 tabulation from the 2010 decennial census.
47 (2) "House block assignment file" means the electronic file that assigns each of Utah's
48 115, 406 census blocks to a particular Utah House district.
49 Section 2. Section 36-1-201.5 is enacted to read:
50 36-1-201.5. Utah House of Representatives -- House district boundaries.
51 (1) The Utah House of Representatives shall consist of 75 members, with one member
52 to be elected from each Utah House of Representative district.
53 (2) The Legislature adopts the official census population figures and maps of the
54 Bureau of the Census of the United States Department of Commerce developed in connection
55 with the taking of the 2010 national decennial census as the official data for establishing House
56 district boundaries.

57 (3) (a) The Legislature enacts the numbers and boundaries of the House districts
58 designated by the House block assignment file that is the electronic component of the bill that
59 enacts this section.
60 (b) That House block assignment file, and the legislative boundaries generated from
61 that block assignment file, may be accessed via the Utah Legislature's website.
62 Section 3. Section 36-1-202 is amended to read:
63 36-1-202. House districts -- Filing -- Legal boundaries.
64 (1) (a) The Legislature shall file [copies of the official maps] a copy of the House block
65 assignment file enacted by the Legislature[, and any other relevant materials,] with the
66 lieutenant governor's office.
67 (b) [Except as provided in Subsection (2), the] The legal boundaries of House districts
68 are contained in the [official maps] House block assignment file on file with the lieutenant
69 governor's office.
70 [(2) (a) Because of the new county boundary separating Salt Lake County and Utah
71 County, the boundary separating House District 51 and House District 27 that follows the old
72 county boundary is changed to follow the new county boundary.]
73 [(b) The following census blocks from the 2000 census are removed from House
74 District 27 and placed into House District 57: Census Tract 010205, Blocks 1000, 1001, 3001,
75 3003, and 3004.]
76 [(3) When questions of interpretation of House district boundaries arise, the official
77 maps on file in the lieutenant governor's office shall serve as the indication of the legislative
78 intent in drawing the House district boundaries.]
79 [(4) Maps identifying the boundaries for House districts may be viewed on the Internet
80 at the lieutenant governor's website.]
81 (2) (a) The lieutenant governor shall:
82 (i) generate maps of each House district from the House block assignment file; and
83 (ii) ensure that those maps are available for viewing on the lieutenant governor's
84 website.
85 (b) If there is any inconsistency between the maps and the House block assignment file,
86 the House block assignment file is controlling.
87 Section 4. Section 36-1-202.2 is amended to read:

88 36-1-202.2. County clerk, Automated Geographic Reference Center, and
89 lieutenant governor responsibilities -- Maps and voting precinct boundaries.
90 (1) Each county clerk shall obtain [copies of the official maps] a copy of the House
91 block assignment file for the clerk's county from the lieutenant governor's office.
92 (2) (a) A county clerk may create one or more county maps that identify the boundaries
93 of House districts as [shown on the official maps] generated from the House block assignment
94 file.
95 (b) Before publishing or distributing any map or data created by the county clerk that
96 identifies the boundaries of House districts within the county, the clerk shall submit the county
97 map and data to the lieutenant governor and to the Automated Geographic Reference Center for
98 review.
99 (c) Within 30 days after receipt of a county map and data from a county clerk, the
100 Automated Geographic Reference Center shall:
101 (i) review the county map and data to evaluate if the county map and data accurately
102 reflect the boundaries of House districts established by the Legislature in the [official maps]
103 House block assignment file;
104 (ii) determine whether the county map and data are correct or incorrect; and
105 (iii) communicate those findings to the lieutenant governor.
106 (d) The lieutenant governor shall either notify the county clerk that the county map and
107 data are correct or notify the county clerk that the county map and data are incorrect.
108 (e) If the county clerk receives notice from the lieutenant governor that the county map
109 and data submitted are incorrect, the county clerk shall:
110 (i) make the corrections necessary to conform the county map and data to the [official
111 maps] House block assignment file; and
112 (ii) resubmit the corrected county map and data to the lieutenant governor and to the
113 Automated Geographic Reference Center for a new review under this Subsection (2).
114 (3) (a) Subject to the requirements of this Subsection (3), each county clerk shall
115 establish voting precincts and polling places within each House district according to the
116 procedures and requirements of Section 20A-5-303 .
117 (b) Within five working days after approval of voting precincts and polling places by
118 the county legislative body as required by Section 20A-5-303 , each county clerk shall submit a

119 voting precinct map identifying the boundaries of each voting precinct within the county to the
120 lieutenant governor and to the Automated Geographic Reference Center for review.
121 (c) Within 30 days after receipt of a voting precinct map from a county clerk, the
122 Automated Geographic Reference Center shall:
123 (i) review the voting precinct map to evaluate if the county map accurately reflects the
124 boundaries of House districts established by the Legislature in the [official maps] House block
125 assignment file;
126 (ii) determine whether the voting precinct map is correct or incorrect; and
127 (iii) communicate those findings to the lieutenant governor.
128 (d) The lieutenant governor shall either notify the county clerk that the voting precinct
129 map is correct or notify the county clerk that the voting precinct map is incorrect.
130 (e) If the county clerk receives notice from the lieutenant governor that the voting
131 precinct map is incorrect, the county clerk shall:
132 (i) make the corrections necessary to conform the voting precinct map to the [official
133 maps] House block assignment file; and
134 (ii) resubmit the corrected voting precinct map to the lieutenant governor and to the
135 Automated Geographic Reference Center for a new review under this Subsection (3).
136 Section 5. Section 36-1-203 is amended to read:
137 36-1-203. Omissions from maps -- How resolved.
138 (1) If any area of the state is omitted from a Utah House of Representatives district in
139 the [maps] House block assignment file enacted by the Legislature, the county clerk of the
140 affected county, upon discovery of the omission, shall attach the area to the appropriate House
141 district according to the requirements of Subsections (2) and (3).
142 (2) If the omitted area is surrounded by a single House district, the county clerk shall
143 attach the area [shall be attached] to that district.
144 (3) If the omitted area is contiguous to two or more House districts, the county clerk
145 shall attach the area [shall be attached] to the district that has the least population, as
146 determined by the official census population figures and maps [of the Bureau of the Census of
147 the United States Department of Commerce developed in connection with the taking of the
148 2000 2010 national decennial census] described in Subsection 36-1-201.5 (2).
149 (4) [Any attachment] The county clerk shall certify in writing and file with the

150 lieutenant governor any attachment made under [Subsection (1) shall be certified in writing and
151 filed with the lieutenant governor] this section.
152 Section 6. Section 36-1-204 is amended to read:
153 36-1-204. Uncertain boundaries -- How resolved.
154 (1) As used in this section, "affected party" means:
155 (a) a representative whose Utah House of Representatives district boundary is uncertain
156 because the [identifying feature] boundary in the House block assignment file used to establish
157 the House district boundary has been removed, modified, or is unable to be identified or who is
158 uncertain about whether or not [he] the representative or another person resides in a particular
159 House district;
160 (b) a candidate for representative whose House district boundary is uncertain because
161 the [identifying feature] boundary in the House block assignment file used to establish the
162 district boundary has been removed, modified, or is unable to be identified or who is uncertain
163 about whether or not [he] the candidate or another person resides in a particular House district;
164 or
165 (c) a person who is uncertain about which House district contains the person's
166 residence because the [identifying feature] boundary in the House block assignment file used to
167 establish the House district boundary has been removed, modified, or is unable to be identified.
168 (2) (a) An affected party may file a written request petitioning the lieutenant governor
169 to determine:
170 (i) the precise location of the House district boundary;
171 (ii) the number of the House district in which a person resides; or
172 (iii) both Subsections (2)(a)(i) and (ii).
173 (b) In order to make the determination required by Subsection (2)(a), the lieutenant
174 governor shall review the [official maps] House block assignment file and obtain and review
175 other relevant data such as [census block and tract descriptions,] aerial photographs, aerial
176 maps, or other data about the area.
177 (c) Within five days of receipt of the request, the lieutenant governor shall review the
178 [maps] House block assignment file, obtain and review any relevant data, and make a
179 determination.
180 (d) When the lieutenant governor determines the location of the House district

181 boundary, the lieutenant governor shall:
182 (i) prepare a certification identifying the appropriate House district boundary and
183 attaching a map, if necessary; and
184 (ii) send a copy of the certification to:
185 (A) the affected party;
186 (B) the county clerk of the affected county; and
187 (C) the Automated Geographic Reference Center created under Section 63F-1-506 .
188 (e) If the lieutenant governor determines the number of the House district in which a
189 particular person resides, the lieutenant governor shall send a letter identifying that district by
190 number to:
191 (i) the person;
192 (ii) the affected party who filed the petition, if different than the person whose House
193 district number was identified; and
194 (iii) the county clerk of the affected county.
195 Section 7. Repealer.
196 This bill repeals:
197 Section 36-1-201, Utah House of Representatives -- District boundaries.
198 Section 8. Effective date.
199 This bill takes effect on January 1, 2012, for purposes of nominating and electing
200 certain members of the Utah State House and on January 1, 2013, for all other purposes.