Nineteenth Substitute S.B. 3002

Representative Don L. Ipson proposes the following substitute bill:

1 CONGRESSIONAL BOUNDARIES DESIGNATION
2 2011 THIRD SPECIAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ralph Okerlund
5 House Sponsor: Kenneth W. Sumsion
6
7 LONG TITLE
8 The United States Congressional district boundary information may be found at
9 .
10 Block assignment file security code: d7ad4010744b340539a41b596a9b04d0
11 General Description:
12 This bill, which includes this printed text and the electronic data affiliated with it,
13 establishes new United States Congressional district boundaries for Utah and makes
14 other technical corrections.
15 Highlighted Provisions:
16 This bill:
17 . repeals current United States Congressional district boundaries for Utah and
18 establishes new United States Congressional district boundaries for Utah;
19 . establishes the block assignment file that is part of this bill in electronic form as the
20 legal boundaries of United States Congressional district boundaries for Utah; 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 Utah

26 representatives to the United States House of Representatives and on January 1, 2013, for all
27 other purposes.
28 Utah Code Sections Affected:
29 AMENDS:
30 20A-13-102, as last amended by Laws of Utah 2011, Chapter 74
31 20A-13-102.2, as enacted by Laws of Utah 2011, Chapter 74
32 20A-13-103, as repealed and reenacted by Laws of Utah 2001, Second Special Session,
33 Chapter 6
34 20A-13-104, as last amended by Laws of Utah 2005, Chapter 169
35 ENACTS:
36 20A-13-101.1, Utah Code Annotated 1953
37 20A-13-101.5, Utah Code Annotated 1953
38 REPEALS:
39 20A-13-101 (Contingently Superseded), as last amended by Laws of Utah 2011,
40 Chapter 74
41 20A-13-101 (Contingently Effective), as last amended by Laws of Utah 2007, Chapter
42 97
43
44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 20A-13-101.1 is enacted to read:
46 20A-13-101.1. Definitions.
47 As used in this part:
48 (1) "Census block" means any one of the 115, 406 individual geographic areas into
49 which the Bureau of the Census of the United States Department of Commerce has divided the
50 state of Utah, to each of which the Bureau of the Census has attached a discrete population
51 tabulation from the 2010 decennial census.
52 (2) "Congressional block assignment file" means the electronic file that assigns each of
53 Utah's 115, 406 census blocks to a particular Congressional district.
54 Section 2. Section 20A-13-101.5 is enacted to read:
55 20A-13-101.5. Representatives to the United States Congress -- Four
56 representative districts -- When elected -- District boundaries.

57 (1) (a) The state of Utah is divided into four districts for the election of representatives
58 to the Congress of the United States, with one member to be elected from each Congressional
59 district.
60 (b) At the general election to be held in 2012, and biennially thereafter, one
61 representative from each Congressional district shall be elected to serve in the Congress of the
62 United States.
63 (2) The Legislature adopts the official census population figures and maps of the
64 Bureau of the Census of the United States Department of Commerce developed in connection
65 with the taking of the 2010 national decennial census as the official data for establishing
66 Congressional district boundaries.
67 (3) (a) The Legislature enacts the numbers and boundaries of the Congressional
68 districts designated in the Congressional block assignment file that is the electronic component
69 of the bill that enacts this section.
70 (b) That Congressional block assignment file, and Congressional boundaries generated
71 from that Congressional block assignment file, may be accessed via the Utah Legislature's
72 website.
73 Section 3. Section 20A-13-102 is amended to read:
74 20A-13-102. Congressional districts.
75 (1) (a) The Legislature shall file [copies of the official maps] a copy of the
76 Congressional block assignment file enacted by the Legislature[, and any other relevant
77 materials,] with the lieutenant governor's office.
78 (b) [Except as provided in Subsection (2), the] The legal boundaries of Utah's
79 Congressional districts are contained in the [official maps] Congressional block assignment file
80 on file with the lieutenant governor's office.
81 [(2) The following census blocks from the 2000 census are removed from
82 Congressional District 2 and placed into Congressional District 3: Census Tract 010205,
83 Blocks 1000, 1001, 3001, 3003, and 3004.]
84 [(3) When questions of interpretation of Congressional district boundaries arise, the
85 official maps on file in the lieutenant governor's office shall serve as the indication of the
86 legislative intent in drawing the Congressional district boundaries.]
87 [(4) Maps identifying the boundaries for Congressional districts may be viewed on the

88 Internet at the lieutenant governor's website.]
89 (2) (a) The lieutenant governor shall:
90 (i) generate maps of each Congressional district from the Congressional block
91 assignment file; and
92 (ii) ensure that those maps are available for viewing on the lieutenant governor's
93 website.
94 (b) If there is any inconsistency between the maps and the Congressional block
95 assignment file, the Congressional block assignment file is controlling.
96 Section 4. Section 20A-13-102.2 is amended to read:
97 20A-13-102.2. County clerk, Automated Geographic Reference Center, and
98 lieutenant governor responsibilities -- Maps and voting precinct boundaries.
99 (1) Each county clerk shall obtain [copies of the official maps] a copy of the
100 Congressional block assignment file for the clerk's county from the lieutenant governor's office.
101 (2) (a) A county clerk may create one or more county maps that identify the boundaries
102 of Utah's Congressional districts as [shown on] generated from the [official maps]
103 Congressional block assignment file.
104 (b) Before publishing or distributing any map or data created by the county clerk that
105 identifies the boundaries of Utah's Congressional districts within the county, the county clerk
106 shall submit the county map and data to the lieutenant governor and to the Automated
107 Geographic Reference Center for review.
108 (c) Within 30 days after receipt of a county map and data from a county clerk, the
109 Automated Geographic Reference Center shall:
110 (i) review the county map and data to evaluate if the county map and data accurately
111 reflect the boundaries of Utah's Congressional districts established by the Legislature in the
112 [official maps] Congressional block assignment file;
113 (ii) determine whether the county map and data are correct or incorrect; and
114 (iii) communicate those findings to the lieutenant governor.
115 (d) The lieutenant governor shall either notify the county clerk that the county map and
116 data are correct or notify the county clerk that the county map and data are incorrect.
117 (e) If the county clerk receives notice from the lieutenant governor that the county map
118 and data submitted are incorrect, the county clerk shall:

119 (i) make the corrections necessary to conform the county map and data to the [official
120 maps] Congressional block assignment file; and
121 (ii) resubmit the corrected county map and data to the lieutenant governor and to the
122 Automated Geographic Reference Center for a new review under this Subsection (2).
123 (3) (a) Subject to the requirements of this Subsection (3), each county clerk shall
124 establish voting precincts and polling places within each Utah Congressional district according
125 to the procedures and requirements of Section 20A-5-303 .
126 (b) Within five working days after approval of voting precincts and polling places by
127 the county legislative body as required by Section 20A-5-303 , each county clerk shall submit a
128 voting precinct map identifying the boundaries of each voting precinct within the county to the
129 lieutenant governor and to the Automated Geographic Reference Center for review.
130 (c) Within 30 days after receipt of a map from a county clerk, the Automated
131 Geographic Reference Center shall:
132 (i) review the voting precinct map to evaluate if the [county] voting precinct map
133 accurately reflects the boundaries of Utah's Congressional districts established by the
134 Legislature in the [official maps] Congressional block assignment file;
135 (ii) determine whether the voting precinct map is correct or incorrect; and
136 (iii) communicate those findings to the lieutenant governor.
137 (d) The lieutenant governor shall either notify the county clerk that the voting precinct
138 map is correct or notify the county clerk that the map is incorrect.
139 (e) If the county clerk receives notice from the lieutenant governor that the voting
140 precinct map is incorrect, the county clerk shall:
141 (i) make the corrections necessary to conform the voting precinct map to the [official
142 maps] Congressional block assignment file; and
143 (ii) resubmit the corrected voting precinct map to the lieutenant governor and to the
144 Automated Geographic Reference Center for a new review under this Subsection (3).
145 Section 5. Section 20A-13-103 is amended to read:
146 20A-13-103. Omissions from maps -- How resolved.
147 (1) If any area of the state is omitted from a Congressional district in the [maps]
148 Congressional block assignment file enacted by the Legislature, the county clerk of the affected
149 county, upon discovery of the omission, shall attach the area to the appropriate Congressional

150 district according to the requirements of Subsections (2) and (3).
151 (2) If the omitted area is surrounded by a single Congressional district, the county clerk
152 shall attach the area [shall be attached] to that district.
153 (3) If the omitted area is contiguous to two or more Congressional districts, the county
154 clerk shall attach the area [shall be attached] to the district that has the least population, as
155 determined by the official census population figures and maps [of the Bureau of Census of the
156 United States Department of Commerce developed in connection with the taking of the 2000
157 national decennial census] described in Subsection 20A-13-101.5 (2).
158 (4) [Any attachment] The county clerk shall certify in writing and file with the
159 lieutenant governor any attachment made under [Subsection (1) shall be certified in writing and
160 filed with the lieutenant governor] this section.
161 Section 6. Section 20A-13-104 is amended to read:
162 20A-13-104. Uncertain boundaries -- How resolved.
163 (1) As used in this section, "affected party" means:
164 (a) a representative whose Congressional district boundary is uncertain because the
165 [identifying feature] boundary in the Congressional block assignment file used to establish the
166 district boundary has been removed, modified, or is unable to be identified or who is uncertain
167 about whether or not [he] the representative or another person resides in a particular
168 Congressional district;
169 (b) a candidate for Congressional representative whose Congressional district boundary
170 is uncertain because the [identifying feature] boundary in the Congressional block assignment
171 file used to establish the district boundary has been removed, modified, or is unable to be
172 identified or who is uncertain about whether or not [he] the candidate or another person resides
173 in a particular Congressional district; or
174 (c) a person who is uncertain about which Congressional district contains the person's
175 residence because the [identifying feature] boundary in the Congressional block assignment file
176 used to establish the district boundary has been removed, modified, or is unable to be
177 identified.
178 (2) (a) An affected party may file a written request petitioning the lieutenant governor
179 to determine:
180 (i) the precise location of the Congressional district boundary;

181 (ii) the number of the Congressional district in which a person resides; or
182 (iii) both Subsections (2)(a)(i) and (ii).
183 (b) In order to make the determination required by Subsection (2)(a), the lieutenant
184 governor shall review the [official maps] Congressional block assignment file and obtain and
185 review other relevant data such as [census block and tract descriptions,] aerial photographs,
186 aerial maps, or other data about the area.
187 (c) Within five days of receipt of the request, the lieutenant governor shall review the
188 [maps] Congressional block assignment file, obtain and review any relevant data, and make a
189 determination.
190 (d) When the lieutenant governor determines the location of the Congressional district
191 boundary, the lieutenant governor shall:
192 (i) prepare a certification identifying the appropriate boundary and attaching a map, if
193 necessary; and
194 (ii) send a copy of the certification to:
195 (A) the affected party;
196 (B) the county clerk of the affected county; and
197 (C) the Automated Geographic Reference Center created under Section 63F-1-506 .
198 (e) If the lieutenant governor determines the number of the Congressional district in
199 which a particular person resides, the lieutenant governor shall send a letter identifying that
200 district by number to:
201 (i) the person;
202 (ii) the affected party who filed the petition, if different than the person whose
203 Congressional district number was identified; and
204 (iii) the county clerk of the affected county.
205 Section 7. Repealer.
206 This bill repeals:
207 Section 20A-13-101 (Contingently Superseded), Representatives to the United
208 States Congress -- Three representative districts -- When elected -- District boundaries.
209 Section 20A-13-101 (Contingently Effective), Representatives to the United States
210 Congress -- Four representative districts -- When elected -- District boundaries.
211 Section 8. Effective date.

212 This bill takes effect on January 1, 2012, for purposes of nominating and electing Utah
213 representatives to the United States House of Representatives and on January 1, 2013, for all
214 other purposes.