Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 413 (2021GS)

Sponsor

Rep. Ray, P.

Final action

Governor Signed 3/17/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies deadlines relating to the Independent Redistricting Commission necessitated by the late provision of census data.

Every vote on this bill

Bill text

REDISTRICTING REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul Ray
Senate Sponsor: 
Scott D. Sandall
LONG TITLE
General Description:
This bill modifies deadlines relating to the Independent Redistricting Commission
necessitated by the late provision of census data.
Highlighted Provisions:
This bill:
▸ modifies deadlines relating to the Independent Redistricting Commission
necessitated by the late provision of census data.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-20-301
, as enacted by Laws of Utah 2020, Chapter 288
20A-20-302
, as enacted by Laws of Utah 2020, Chapter 288
20A-20-303
, as enacted by Laws of Utah 2020, Chapter 288
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-20-301
 is amended to read:
20A-20-301.
Public hearings -- Private conversations.
(1) (a) The commission shall, by majority vote, determine the number, locations, and
dates of public hearings to be held by the commission, but shall hold no fewer than seven
public hearings throughout the state to discuss maps, as follows:
(i) one in the Bear River region, which includes Box Elder, Cache, and Rich counties;
(ii) one in the Southwest region, which includes Beaver, Garfield, Iron, Kane, and
Washington counties;
(iii) one in the Mountain region, which includes Summit, Utah, and Wasatch counties;
(iv) one in the Central region, which includes Juab, Millard, Piute, Sanpete, Sevier, and
Wayne counties;
(v) one in the Southeast region, which includes Carbon, Emery, Grand, and San Juan
counties;
(vi) one in the Uintah Basin region, which includes Daggett, Duchesne, and Uintah
counties; and
(vii) one in the Wasatch Front region, which includes Davis, Morgan, Salt Lake,
Tooele, and Weber counties.
(b) The commission shall hold at least two public hearings in a first or second class
county but not in the same county.
(c) The committee and the commission may coordinate hearing times and locations to:
(i) avoid holding hearings at, or close to, the same time in the same area of the state;
and
(ii) to the extent practical, hold hearings in different cities within the state.
(2) Each public hearing must provide those in attendance a reasonable opportunity to
submit written and oral comments to the commission and to propose redistricting maps for the
commission's consideration.
(3) The commission shall hold the public hearings described in Subsection (1) no later
than [
August
] 
November
of the year following a decennial year.
(4) (a) A member of the commission may not engage in any private communication
with any individual other than other members of the commission or commission staff,
including consultants retained by the commission, that is material to any redistricting map or
element of a map pending before the commission or intended to be proposed for commission
consideration, without making the communication, or a detailed and accurate description of the
communication including the names of all parties to the communication and the map or
element of the map, available to the commission and to the public.
(b) A member of the commission shall make the disclosure required by Subsection
(4)(a) before the redistricting map or element of a map is considered by the commission.
(5) The committee chairs and the chair of the commission shall, no later than two
business days after the day on which the Legislature appoints a committee, under Subsection
20A-20-201
(3)(a)(ii), for a special redistricting, jointly agree on a schedule for the commission
that:
(a) reasonably ensures that the commission may complete the commission's duties in a
timely manner, consistent with the time frame applicable to the committee and the Legislature;
(b) establishes deadlines for the following:
(i) holding the public hearings described in Subsection (1);
(ii) preparing and recommending maps under Subsection 
20A-20-302
(2);
(iii) submitting the maps and written report described in Subsection 
20A-20-303
(1);
and
(iv) holding the public meeting described in Subsection 
20A-20-303
(2); and
(c) provides that the commission dissolves upon approval of the Legislature's
redistricting maps by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.
Section 2. Section 
20A-20-302
 is amended to read:
20A-20-302.
Selection of recommended maps -- Map requirements and
standards.
(1) As used in this section:
(a) "Map type" means one of four map types, as follows:
(i) a map of all Utah congressional districts;
(ii) a map of all state Senate districts;
(iii) a map of all state House of Representatives districts; and
(iv) a map of all State School Board districts.
(b) "Total population deviation" means a percentage determined as follows:
(i) calculating the ideal district population by dividing the total population by the
number of districts;
(ii) calculating the percentage difference between the population of the district with the
greatest population and the ideal district population;
(iii) calculating the percentage difference between the population of the district with
the lowest population and the ideal district population; and
(iv) combining the percentage differences described in Subsections (1)(b)(ii) and (iii).
(2) The commission shall, no later than [
] 
 days after the day of the final public
hearing described in Subsection 
20A-20-301
(1), prepare and recommend three different maps
for each map type, as follows:
(a) three different maps for congressional districts, with the number of congressional
districts apportioned to Utah;
(b) three different maps for state Senate districts, with 29 Senate districts;
(c) three different maps for state House of Representatives districts, with 75 House of
Representative districts; and
(d) three different maps for State School Board districts, with 15 State School Board
districts.
(3) (a) To the extent possible, each map recommended by the commission shall be
approved by at least five members of the commission.
(b) If the commission is unable to obtain the approval of at least five members for all
maps required under Subsection (2) for a particular map type, the commission shall, for that
map type:
(i) if possible, recommend one map that is approved by at least five members of the
commission; and
(ii) recommend two additional maps that are approved by a majority of commission
members, as follows:
(A) one of the maps shall be approved by a majority that includes the commission
member described in Subsection 
20A-20-201
(2)(f); and
(B) one of the maps shall be approved by a majority that includes the commission
member described in Subsection 
20A-20-201
(2)(g).
(4) The commission shall ensure that:
(a) each map recommended by the commission:
(i) is drawn using the official population enumeration of the most recent decennial
census;
(ii) for congressional districts, has a total population deviation that does not exceed
1%;
(iii) for Senate, House of Representatives, and State School Board districts, has a total
population deviation of less than 10%;
(iv) does not use race as a predominant factor in drawing district lines; and
(v) complies with the United States Constitution and all applicable federal laws,
including Section 2 of the Voting Rights Act; and
(b) each district in each map is:
(i) drawn based on total population;
(ii) a single member district; and
(iii) contiguous and reasonably compact.
(5) The commission shall define and adopt redistricting standards for use by the
commission that require that maps adopted by the commission, to the extent practicable,
comply with the following, as defined by the commission:
(a) preserving communities of interest;
(b) following natural, geographic, or man-made features, boundaries, or barriers;
(c) preserving cores of prior districts;
(d) minimizing the division of municipalities and counties across multiple districts;
(e) achieving boundary agreement among different types of districts; and
(f) prohibiting the purposeful or undue favoring or disfavoring of:
(i) an incumbent elected official;
(ii) a candidate or prospective candidate for elected office; or
(iii) a political party.
(6) The commission may adopt a standard that prohibits the commission from using
any of the following, except for the purpose of conducting an assessment described in
Subsection (8):
(a) partisan political data;
(b) political party affiliation information;
(c) voting records;
(d) partisan election results; or
(e) residential addresses of incumbents, candidates, or prospective candidates.
(7) The commission may adopt redistricting standards for use by the commission that
require a smaller total population deviation than the total population deviation described in
Subsection (4)(a)(iii) if the committee or the Legislature adopts a smaller total population
deviation than 10% for Senate, House of Representatives, or State School Board districts.
(8) (a) Three members of the commission may, by affirmative vote, require that
commission staff evaluate any map drawn by, or presented to, the commission as a possible
map for recommendation by the commission to determine whether the map complies with the
redistricting standards adopted by the commission.
(b) In conducting an evaluation described in Subsection (8)(a), commission staff shall
use judicial standards and, as determined by the commission, the best available data and
scientific methods.
Section 3. Section 
20A-20-303
 is amended to read:
20A-20-303.
Submission of maps to Legislature -- Consideration by Legislature.
(1) The commission shall, [
within 10 days after the day on which the commission
complies with Subsection 
20A-20-302
(2)
] 
no later than 14 days after the day of the final public
hearing described in Subsection 
20A-20-301
(1)
, submit to the director of the Office of
Legislative Research and General Counsel, for distribution to the committee, and make
available to the public, the redistricting maps recommended under Section 
20A-20-302
 and a
detailed written report describing each map's adherence to the commission's redistricting
standards and requirements.
(2) The commission shall submit the maps recommended under Section 
20A-20-302
 to
the committee in a public meeting of the committee as described in this section.
(3) The committee shall:
(a) hold the public meeting described in Subsection (2):
(i) for the sole purpose of considering each map recommended under Section
20A-20-302
; and
(ii) for a year immediately following a decennial year, [
on or before September 15
] 
no
later than 15 days after the day on which the commission complies with Subsection (1)
; and
(b) at the public meeting described in Subsection (2), provide reasonable time for:
(i) the commission to present and explain the maps described in Subsection (1);
(ii) the public to comment on the maps; and
(iii) the committee to discuss the maps.
(4) The Legislature may not enact a redistricting plan before complying with
Subsections (2) and (3).
(5) The committee or the Legislature may, but is not required to, vote on or adopt a
map submitted to the committee or the Legislature by the commission.