§ 20A-19-201 — Utah Independent Redistricting Commission -- Selection of Commissioners -- Qualifications -- Term -- Vacancy -- Compensation -- Commission Resources.

(1) This Act creates the Utah Independent Redistricting Commission.
(2) The Utah Independent Redistricting Commission comprises seven commissioners appointed as provided in this Section.
(3) Each of the following appointing authorities shall appoint one commissioner:

(3)(a) the governor, whose appointee shall serve as Commission chair;
(3)(b) the president of the Senate;
(3)(c) the speaker of the House of Representatives;
(3)(d) the leader of the largest minority political party in the Senate;
(3)(e) the leader of the largest minority political party in the House of Representatives;
(3)(f) the leadership of the majority political party in the Senate, including the president of the Senate, jointly with the leadership of the same political party in the House of Representatives and the speaker of the House of Representatives if a member of that political party; and
(3)(g) the leadership of the largest minority political party in the Senate jointly with the leadership of the same political party in the House of Representatives and the speaker of the House of Representatives if a member of that political party.
(4) The appointing authorities described in Subsection (3) shall appoint their commissioners no later than 30 calendar days following:

(4)(a) the receipt by the Legislature of a national decennial enumeration made by the authority of the United States; or
(4)(b) a change in the number of congressional, legislative, or other districts resulting from an event other than a national decennial enumeration made by the authority of the United States.
(5) Commissioners appointed under Subsection (3)(f) and Subsection (3)(g), in addition to the qualifications and conditions in Subsection (6), may not have at any time during the preceding five years:

(5)(a) been affiliated with any political party for the purposes of Section 20A-2-107;
(5)(b) voted in any political party's regular primary election or any political party's municipal primary election; or
(5)(c) been a delegate to a political party convention.
(6) Each commissioner:

(6)(a) must have been at all times an active voter, as defined in Section 20A-1-102(1), during the four years preceding appointment to the Commission;
(6)(b) must not have been at any time during the four years preceding appointment to the Commission, and may not be during their service as commissioner or for four years thereafter:
(6)(b)(i) a lobbyist or principal, as those terms are defined under Section 36-11-102;
(6)(b)(ii) a candidate for or holder of any elective office, including any local government office;
(6)(b)(iii) a candidate for or holder of any office of a political party, excluding the office of political party delegate, or the recipient of compensation in any amount from a political party, political party committee, personal campaign committee, or any political action committee affiliated with a political party or controlled by an elected official or candidate for elective office, including any local government office;
(6)(b)(iv) appointed by the governor or the Legislature to any other public office; or
(6)(b)(v) employed by the Congress of the United States, the Legislature, or the holder of any position that reports directly to an elected official or to any person appointed by the governor or Legislature to any other public office.
(7) (7)(a) Each commissioner shall file with the Commission and with the governor a signed statement certifying that the commissioner:
(7)(a)(i) meets and will continue to meet throughout their term as commissioner the applicable qualifications contained in this Section;
(7)(a)(ii) will comply with the standards, procedures, and requirements applicable to redistricting contained in this chapter;
(7)(a)(iii) will faithfully discharge the commissioner's duties in an independent, honest, transparent, and impartial manner; and
(7)(a)(iv) will not engage in any effort to purposefully or unduly favor or disfavor any incumbent elected official, candidate or prospective candidate for elective office, or any political party.
(7)(b) The Commission and the governor shall make available to the public the statements required under Subsection (7)(a).
(8) (8)(a) A commissioner's term lasts until a successor is appointed or until that commissioner's death, resignation, or removal.
(8)(b) A commissioner may resign at any time by providing written notice to the Commission and to the governor.
(8)(c) A commissioner may be removed only by a majority vote of the speaker of the House of Representatives and the leader of the largest minority political party in the House of Representatives and the president of the Senate and leader of the largest minority political party in the Senate, and may be removed only for failure to meet the qualifications of this Section, incapacity, or for other good cause, such as substantial neglect of duty or gross misconduct in office.
(9) (9)(a) The appointing authority that appointed a commissioner shall fill a vacancy caused by the death, resignation, or removal of that commissioner within 21 calendar days after the vacancy occurs.
(9)(b) If the appointing authority at the time of the vacancy is of a different political party than that of the appointing authority when the original appointment was made, then the corresponding appointing authority of the same political party in the Senate, the House, or the leadership, as the case may be, as the appointing authority that made the original appointment must make the appointment to fill the vacancy.
(10) If an appointing authority fails to appoint a commissioner or to fill a vacancy by the deadlines provided in this Section, then the chief justice of the Supreme Court of the State of Utah shall appoint that commissioner within 14 calendar days after the failure to appoint or fill a vacancy.
(11) (11)(a) Commissioners may not receive compensation or benefits for their service, but may receive per diem and travel expenses in accordance with:
(11)(a)(i) Section 63A-3-106;
(11)(a)(ii) Section 63A-3-107; and
(11)(a)(iii) rules of the Division of Finance under Sections 63A-3-106 and 63A-3-107.
(11)(b) A commissioner may decline to receive per diem and travel expenses.
(12) (12)(a) The Legislature shall appropriate adequate funds for the Commission to carry out its duties, and shall make available to the Commission such personnel, facilities, equipment, and other resources as the Commission may reasonably request.
(12)(b) The Office of Legislative Research and General Counsel shall provide the technical staff, legal assistance, computer equipment, computer software, and other equipment and resources to the Commission that the Commission reasonably requests.
(12)(c) The Commission has procurement and contracting authority, and upon a majority vote, may procure the services of staff, legal counsel, consultants, and experts, and may acquire the computers, data, software, and other equipment and resources that are necessary to carry out its duties effectively.

Legislative History

Enacted by Statewide Initiative -- Proposition 4, Nov. 6, 2018