Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 2004 (2021S2)

Sponsor

Rep. Ray, P.

Final action

Governor Signed 11/12/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• repeals current United States Congressional district boundaries for Utah and establishes new United States Congressional district boundaries for Utah;
• establishes the block equivalency file that is part of this bill in electronic form as the legal boundaries of United States Congressional district boundaries for Utah;
• provides a hash code to verify the authenticity of the block equivalency file; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

CONGRESSIONAL BOUNDARIES DESIGNATION
SECOND SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Paul Ray
Senate Sponsor: 
Scott D. Sandall
LONG TITLE
Redistricting Boundary Information:
The Congressional district boundary information may be found at https://le.utah.gov.
Block equivalency file: HB2004_BEF.txt
Block equivalency file security code: 4cb8a686520fdb1c2385e0a9812ff403
General Description:
This bill, which includes this printed text and the electronic data affiliated with this text
that is available on the Legislature's website and also included on the electronic storage
device accompanying this bill when presented to the governor, establishes new United
States Congressional district boundaries for Utah.
Highlighted Provisions:
This bill:
▸ repeals current United States Congressional district boundaries for Utah and
establishes new United States Congressional district boundaries for Utah;
▸ establishes the block equivalency file that is part of this bill in electronic form as the
legal boundaries of United States Congressional district boundaries for Utah;
▸ provides a hash code to verify the authenticity of the block equivalency file; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
20A-13-101.1
, as last amended by Laws of Utah 2013, Chapter 383
20A-13-101.5
, as last amended by Laws of Utah 2013, Chapter 383
20A-13-102
, as last amended by Laws of Utah 2013, Chapter 383
20A-13-102.2
, as last amended by Laws of Utah 2021, Chapter 162
20A-13-103
, as last amended by Laws of Utah 2018, Chapter 330
20A-13-104
, as last amended by Laws of Utah 2021, Chapters 162 and 345
Utah Code Sections Affected by Revisor Instructions:
20A-13-101.5
, as last amended by Laws of Utah 2013, Chapter 383
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-13-101.1
 is amended to read:
20A-13-101.1.
Definitions.
As used in this part:
(1) "Census block" means any one of the [
115,406
] 
71,207
 individual geographic areas
into which the Bureau of the Census of the United States Department of Commerce has divided
the state of Utah, to each of which the Bureau of the Census has attached a discrete population
tabulation from the [
] 
 decennial census.
(2) "Congressional block [
assignment
] 
equivalency
 file" means the electronic file
designated as HB2004_BEF.txt
 that assigns each of Utah's [
115,406
] 
71,207
 census blocks to a
particular Congressional district.
(3) "Congressional shapefile" means the electronic shapefile that
:
(a) is the resulting projection of the Congressional block equivalency file; and
(b)
 stores the boundary of each of the four United States Congressional district
boundaries for Utah.
(4) "Shapefile" means the digital vector storage format for storing geometric location
and associated attribute information.
Section 2. Section 
20A-13-101.5
 is amended to read:
20A-13-101.5.
Representatives to the United States Congress -- Four
representative districts -- When elected -- District boundaries.
(1) (a) The state of Utah is divided into four districts for the election of representatives
to the Congress of the United States, with one member to be elected from each Congressional
district.
(b) At the general election to be held in [
] 
, and biennially thereafter, one
representative from each Congressional district shall be elected to serve in the Congress of the
United States.
(2) 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 [
] 
 national decennial census as the official data for establishing
Congressional district boundaries.
(3) (a) [
Notwithstanding Subsection (2), the
] 
The
 Legislature enacts the district
numbers and boundaries of the Congressional districts designated in the 
Congressional block
equivalency file and resulting
 Congressional shapefile that is the electronic component of [
the
bill that enacts this section
] 
this bill
.
(b) [
That
] 
The Legislature shall ensure that the
 Congressional shapefile, and
Congressional boundaries generated from [
that
] 
the
 Congressional shapefile, [
may be accessed
via
] 
are accessible on
 the Utah Legislature's website.
Section 3. Section 
20A-13-102
 is amended to read:
20A-13-102.
Congressional districts -- Filing -- Legal boundaries.
(1) (a) The Legislature shall file a copy of the Congressional [
shapefile
] 
block
equivalency file
 enacted by the Legislature 
and the resulting Congressional shapefile
 with the
lieutenant governor's office.
(b) The legal boundaries of Utah's Congressional districts are contained in the
Congressional shapefile on file with the lieutenant governor's office.
(2) (a) The lieutenant governor shall:
(i) verify the Congressional block equivalency file that the Legislature files under
Subsection (1) using block equivalency file security code
"4cb8a686520fdb1c2385e0a9812ff403" and the corresponding Congressional shapefile;
[
(i)
] 
(ii)
 generate maps of each Congressional district from the Congressional shapefile;
and
[
(ii)
] 
(iii)
 ensure that [
those
] 
the district
 maps are available for viewing on the
lieutenant governor's website.
(b) If there is any inconsistency between the 
district
 maps and the Congressional
shapefile 
resulting from the Congressional block equivalency file
, the Congressional shapefile
is controlling.
Section 4. Section 
20A-13-102.2
 is amended to read:
20A-13-102.2.
County clerk, Utah Geospatial Resource Center, and lieutenant
governor responsibilities -- Maps and voting precinct boundaries.
(1) As used in this section, "redistricting boundary data" means the Congressional
shapefile in the possession of the lieutenant governor's office.
[
(1)
] 
(2)
 Each county clerk shall obtain a copy of the [
Congressional shapefile
]
redistricting boundary data
 for the clerk's county from the lieutenant governor's office.
[
(2)
] 
(3)
 (a) A county clerk may create one or more county maps that identify the
boundaries of Utah's Congressional districts as generated from the [
Congressional shapefile
]
redistricting boundary data
.
(b) Before publishing or distributing any map or data created by the county clerk that
identifies the boundaries of Utah's Congressional districts within the county, the county clerk
shall submit the county map and data to the lieutenant governor and to the Utah Geospatial
Resource Center for review.
(c) Within 30 days after receipt of a county map and data from a county clerk, the Utah
Geospatial Resource Center shall:
(i) review the county map and data to evaluate if the county map and data accurately
reflect the boundaries of Utah's Congressional districts established by the Legislature in the
[
Congressional shapefile
] 
redistricting boundary data
;
(ii) determine whether the county map and data are correct or incorrect; and
(iii) communicate those findings to the lieutenant governor.
(d) The lieutenant governor shall either notify the county clerk that the county map and
data are correct or notify the county clerk that the county map and data are incorrect.
(e) If the county clerk receives notice from the lieutenant governor that the county map
and data submitted are incorrect, the county clerk shall:
(i) make the corrections necessary to conform the county map and data to the
[
Congressional shapefile
] 
redistricting boundary data
; and
(ii) resubmit the corrected county map and data to the lieutenant governor and to the
Utah Geospatial Resource Center for a new review under this Subsection [
(2)
] 
(3)
.
[
(3)
] 
(4)
 (a) Subject to the requirements of this Subsection [
(3)
] 
(4)
, each county clerk
shall establish voting precincts and polling places within each Utah Congressional district
according to the procedures and requirements of Section 
20A-5-303
.
(b) Within five working days after approval of voting precincts and polling places by
the county legislative body as required by Section 
20A-5-303
, each county clerk shall submit a
voting precinct map identifying the boundaries of each voting precinct within the county to the
lieutenant governor and to the Utah Geospatial Resource Center for review.
(c) Within 30 days after receipt of a map from a county clerk, the Utah Geospatial
Resource Center shall:
(i) review the voting precinct map to evaluate if the voting precinct map accurately
reflects the boundaries of Utah's Congressional districts established by the Legislature in the
[
Congressional shapefile
] 
redistricting boundary data
;
(ii) determine whether the voting precinct map is correct or incorrect; and
(iii) communicate those findings to the lieutenant governor.
(d) The lieutenant governor shall either notify the county clerk that the voting precinct
map is correct or notify the county clerk that the map is incorrect.
(e) If the county clerk receives notice from the lieutenant governor that the voting
precinct map is incorrect, the county clerk shall:
(i) make the corrections necessary to conform the voting precinct map to the
[
Congressional shapefile
] 
redistricting boundary data
; and
(ii) resubmit the corrected voting precinct map to the lieutenant governor and to the
Utah Geospatial Resource Center for a new review under this Subsection [
(3)
] 
(4)
.
Section 5. Section 
20A-13-103
 is amended to read:
20A-13-103.
Omissions from maps -- How resolved.
(1) If any area of the state is omitted from a Congressional district in the Congressional
shapefile [
enacted by the Legislature
] 
in the possession of the lieutenant governor's office
, the
county clerk of the affected county, upon discovery of the omission, shall attach the area to the
appropriate Congressional district according to the requirements of Subsections (2) and (3).
(2) If the omitted area is surrounded by a single Congressional district, the county clerk
shall attach the area to that district.
(3) If the omitted area is contiguous to two or more Congressional districts, the county
clerk shall attach the area to the district that has the least population, as determined by the Utah
Population Committee.
(4) The county clerk shall certify in writing and file with the lieutenant governor any
attachment made under this section.
Section 6. Section 
20A-13-104
 is amended to read:
20A-13-104.
Uncertain boundaries -- How resolved.
(1) As used in this section, "affected party" means:
(a) a representative whose Congressional district boundary is uncertain because the
boundary in the Congressional shapefile used to establish the district boundary has been
removed, modified, or is unable to be identified or who is uncertain about whether the
representative or another individual resides in a particular Congressional district;
(b) a candidate for Congressional representative whose Congressional district boundary
is uncertain because the boundary in the Congressional shapefile used to establish the district
boundary has been removed, modified, or is unable to be identified or who is uncertain about
whether the candidate or another individual resides in a particular Congressional district; or
(c) an individual who is uncertain about which Congressional district contains the
individual's residence because the boundary in the Congressional shapefile 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 Congressional district boundary;
(ii) the number of the Congressional district in which an individual 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
:
(i) the Congressional block equivalency file and
 the 
resulting
 Congressional shapefile
[
and obtain and review
]
; and
(ii) any
 other relevant data such as 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
Congressional shapefile, obtain and review any relevant data,
]
:
(i) complete the review described in Subsection (2)(b);
 and
(ii)
 make a determination.
(d) When the lieutenant governor determines the location of the Congressional 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:
(A) the affected party;
(B) the county clerk of the affected county; and
(C) the Utah Geospatial Resource Center created under Section 
63A-16-505
.
(e) If the lieutenant governor determines the number of the Congressional district in
which a particular individual resides, the lieutenant governor shall send a letter identifying that
district by number to:
(i) the individual;
(ii) the affected party who filed the petition, if different than the individual whose
Congressional district number was identified; and
(iii) the county clerk of the affected county.
Section 7. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval 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 8. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, replace the references in Section
20A-13-101.5
 from "this bill" to the bill's designated chapter number in the Laws of Utah.