Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 2005 (2021S2)

Sponsor

Rep. Ray, P.

Final action

Governor Signed 11/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• repeals current Utah State House of Representatives boundaries and establishes new Utah State House of Representatives boundaries;
• establishes the block equivalency file that is part of this bill in electronic form as the legal boundaries of the Utah State House of Representatives districts;
• 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

UTAH STATE HOUSE BOUNDARIES DESIGNATION
SECOND SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Paul Ray
Senate Sponsor: 
Scott D. Sandall
LONG TITLE
Redistricting Boundary Information:
The Utah State House of Representatives district boundary information may be found at
https://le.utah.gov.
Block equivalency file: HB2005_BEF.txt
Block equivalency file security code: 12aedd41d1bb9feedeee526ed9f74eb2
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 Utah
State House of Representative district boundaries.
Highlighted Provisions:
This bill:
▸ repeals current Utah State House of Representatives boundaries and establishes new
Utah State House of Representatives boundaries;
▸ establishes the block equivalency file that is part of this bill in electronic form as the
legal boundaries of the Utah State House of Representatives districts;
▸ 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:
36-1-201.1
, as last amended by Laws of Utah 2017, Chapter 243
36-1-201.5
, as last amended by Laws of Utah 2021, Chapter 345
36-1-202
, as last amended by Laws of Utah 2013, Chapter 382
36-1-202.2
, as last amended by Laws of Utah 2021, Chapter 162
36-1-203
, as last amended by Laws of Utah 2018, Chapter 330
36-1-204
, as last amended by Laws of Utah 2021, Chapters 162 and 345
Utah Code Sections Affected by Revisor Instructions:
36-1-201.5
, as last amended by Laws of Utah 2021, Chapter 345
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
36-1-201.1
 is amended to read:
36-1-201.1.
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) "House block [
assignment
] 
equivalency
 file" means the electronic file 
designated as
HB2005_BEF.txt
 that assigns each of Utah's [
115, 406
] 
71,207
 census blocks to a particular
Utah 
State
 House 
of Representatives
 district.
(3) "House shapefile" means the electronic shapefile that
:
(a) is the resulting projection of the House block equivalency file; and
(b)
 stores the boundary of each of the 75 Utah House 
of Representatives
 districts.
(4) "Shapefile" means the digital vector storage format for storing geometric location
and associated attribute information [
and includes the boundary change in Subsection
36-1-201.5
(4)(b)
].
Section 2. Section 
36-1-201.5
 is amended to read:
36-1-201.5.
Utah State House of Representatives -- House district boundaries.
[
(1) As used in this section:
]
[
(a) "County boundary" means the county boundary's location in the database as of
January 1, 2017.
]
[
(b) "Database" means the State Geographic Information Database created in Section
63A-16-506
.
]
[
(c) "Local school district boundary" means the local school district boundary's
location in the database as of January 1, 2010.
]
[
(d) "Municipal boundary" means the municipal boundary's location in the database as
of January 1, 2010.
]
[
(2)
] 
(1)
 The Utah 
State
 House of Representatives shall consist of 75 members, with
one member to be elected from each Utah House of Representative district.
[
(3)
] 
(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
House district boundaries.
[
(4)
] 
(3)
 (a) [
Notwithstanding Subsection (3), and except as modified by Subsection
(4)(b), the
] 
The
 Legislature enacts the district numbers and boundaries of the House 
of
Representatives
 districts designated [
by the
] 
in the House block equivalency file and resulting
House shapefile that is the electronic component of [
General Session H.B. 366, State
House Boundary Amendments.
] 
this bill:
(i) for purposes of nominating and electing members of the Utah State House of
Representatives beginning January 1, 2022; and
(ii) for all other purposes beginning January 1, 2023.
[
(b) The boundary between House District 1 and House District 5 in the shapefile
described in Subsection (4)(a) is changed to follow the county boundary of Box Elder County
and Cache County from the intersection of Cache, Box Elder, and Weber counties, north to the
intersection of House District 1, House District 3, and House District 5.
]
[
(c)
] 
(b)
 [
That
] 
The Legislature shall ensure that the
 House shapefile, and the
legislative boundaries generated from [
that
] 
the House
 shapefile, [
may be accessed via
] 
are
accessible on
 the Utah Legislature's website.
Section 3. Section 
36-1-202
 is amended to read:
36-1-202.
House districts -- Filing -- Legal boundaries.
(1) (a) The Legislature shall file a copy of the House [
shapefile
] 
block equivalency file
enacted by the Legislature 
and the resulting House shapefile
 with the lieutenant governor's
office.
(b) The legal boundaries of House districts are contained in the House shapefile on file
with the lieutenant governor's office.
(2) (a) The lieutenant governor shall:
(i) verify the House block equivalency file that the Legislature files under Subsection
(1) using block equivalency file security code "12aedd41d1bb9feedeee526ed9f74eb2" and the
corresponding House shapefile;
[
(i)
] 
(ii)
 generate maps of each House district from the House 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 House shapefile
resulting from the House block equivalency file
, the House shapefile is controlling.
Section 4. Section 
36-1-202.2
 is amended to read:
36-1-202.2.
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 House shapefile 
in
the possession of the lieutenant governor's office
.
(2) Each county clerk shall obtain a copy of the redistricting boundary data for the
clerk's county from the lieutenant governor's office.
(3) (a) A county clerk may create one or more county maps that identify the boundaries
of House districts as generated from the redistricting boundary data.
(b) Before publishing or distributing any map or data created by the county clerk that
identifies the boundaries of House districts within the county, the 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 House districts established by the Legislature in the 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
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 (3).
(4) (a) Subject to the requirements of this Subsection (4), each county clerk shall
establish voting precincts and polling places within each House 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 voting precinct map from a county clerk, the Utah
Geospatial Resource Center shall:
(i) review the voting precinct map to evaluate if the county map accurately reflects the
boundaries of House districts established by the Legislature in the 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 voting precinct 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
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 (4).
Section 5. Section 
36-1-203
 is amended to read:
36-1-203.
Omissions from maps -- How resolved.
(1) If any area of the state is omitted from a Utah 
State
 House of Representatives
district in the House 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 House district according to the requirements of Subsections
(2) and (3).
(2) If the omitted area is surrounded by a single House district, the county clerk shall
attach the area to that district.
(3) If the omitted area is contiguous to two or more House 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 
36-1-204
 is amended to read:
36-1-204.
Uncertain boundaries -- How resolved.
(1) As used in this section:
(a) "Affected party" means:
(i) a representative whose Utah 
State
 House of Representatives district boundary is
uncertain because the feature used to establish the district boundary in the House shapefile 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 House district;
(ii) a candidate for representative whose House district boundary is uncertain because
the feature used to establish the district boundary in the House shapefile 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 House district; or
(iii) an individual who is uncertain about which House district contains the individual's
residence because the feature used to establish the district boundary in the House shapefile has
been removed, modified, or is unable to be identified.
(b) "Feature" means a geographic or other identifiable tangible or intangible object
such as a road or political subdivision boundary that is used to establish a House district
boundary.
(2) (a) An affected party may file a written request petitioning the lieutenant governor
to determine:
(i) the precise location of the House district boundary;
(ii) the number of the House 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 House block equivalency file and
 the 
resulting
 House shapefile; 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:
(i) 
complete the
 review [
the House shapefile;
] 
described in Subsection (2)(b); and
[
(ii) review any relevant data; and
]
[
(iii)
] 
(ii)
 make a determination.
(d) When the lieutenant governor determines the location of the House district
boundary, the lieutenant governor shall:
(i) prepare a certification identifying the appropriate House district 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 House 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
House 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 36-1-201.5
from "this bill" to the bill's designated chapter number in the Laws of Utah.