Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 2005 Seventh Substitute (2021S2)

Sponsor

Sen. Sandall, S.

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 Board of Education district boundaries and establishes new Utah State Board of Education district boundaries;
• establishes election dates for Utah State Board of Education districts to ensure that Utah State Board of Education terms are staggered;
• establishes the block equivalency file, which is part of this bill in electronic form, as the legal boundaries of Utah State Board of Education districts; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

STATE BOARD OF EDUCATION BOUNDARIES AND
ELECTION DESIGNATION
SECOND SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Scott D. Sandall
House Sponsor: 
Paul Ray
LONG TITLE
Redistricting Boundary Information:
The Utah State Board of Education district boundary information may be found at
https://le.utah.gov.
Block equivalency file: SB2005S07_BEF.txt
Block equivalency file security code: 3045e67dd19fd1085282c1d9a89a7873
General Description:
This bill, which includes this printed text and the electronic data affiliated with the 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 Board of Education district boundaries.
Highlighted Provisions:
This bill:
▸ repeals current Utah State Board of Education district boundaries and establishes
new Utah State Board of Education district boundaries;
▸ establishes election dates for Utah State Board of Education districts to ensure that
Utah State Board of Education terms are staggered;
▸ establishes the block equivalency file, which is part of this bill in electronic form, as
the legal boundaries of Utah State Board of Education districts; 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-14-101.1
, as last amended by Laws of Utah 2013, Chapter 455
20A-14-101.5
, as last amended by Laws of Utah 2021, Chapter 345
20A-14-102
, as last amended by Laws of Utah 2013, Chapter 455
20A-14-102.1
, as last amended by Laws of Utah 2018, Chapter 330
20A-14-102.2
, as last amended by Laws of Utah 2021, Chapters 162 and 345
20A-14-102.3
, as last amended by Laws of Utah 2021, Chapter 162
20A-14-103
, as last amended by Laws of Utah 2018, Chapter 19
Utah Code Sections Affected by Revisor Instructions:
20A-14-101.5
, as last amended by Laws of Utah 2021, Chapter 345
20A-14-103
, as last amended by Laws of Utah 2018, Chapter 19
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-14-101.1
 is amended to read:
20A-14-101.1.
Definitions.
As used in this part:
(1) "Board" means the State Board of Education.
(2) "Board block [
assignment
] 
equivalency
 file" means the electronic file 
designated as
SB2005S07_BEF.txt
 that assigns each of Utah's [
115,406
] 
71,207
 census blocks to a particular
State Board of Education district.
(3) "Board shapefile" means the electronic shapefile that
:
(a) is the resulting projection of the Board block equivalency file; and
(b)
 stores the boundary of each of the 15 State Board of Education districts.
(4) "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.
(5) "Shapefile" means the digital vector storage format for storing geometric location
and associated attribute information.
Section 2. Section 
20A-14-101.5
 is amended to read:
20A-14-101.5.
State Board of Education -- Number of members -- State Board of
Education district boundaries.
[
(1) As used in this section:
]
[
(a) "County boundary" means the county boundary's location in the database as of
January 1, 2010.
]
[
(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 State Board of Education shall consist of 15 members, with one member
to be elected from each State Board of Education 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
State Board of Education district boundaries.
[
(4)
] 
(3)
 (a) Notwithstanding Subsection [
(3)
] 
(2)
, the Legislature enacts the district
numbers and boundaries of the State Board of Education districts designated in the 
Board block
equivalency file and resulting
 Board shapefile that is the electronic component of [
the bill that
enacts this section.
] 
this bill:
(i) for purposes of nominating and electing certain members of the State Board of
Education beginning January 1, 2022; and
(ii) for all other purposes beginning January 1, 2023.
(b) [
That
] 
The Legislature shall ensure that the
 Board shapefile, and the State Board of
Education district boundaries generated from [
that
] 
the
 Board shapefile, [
may be accessed via
]
are accessible on
 the Utah Legislature's website.
Section 3. Section 
20A-14-102
 is amended to read:
20A-14-102.
State Board of Education districts -- Filing -- Legal boundaries.
(1) (a) The Legislature shall file a copy of the Board [
shapefile
] 
block equivalency file
enacted by the Legislature 
and the resulting Board shapefile
 with the lieutenant governor's
office.
(b) The legal boundaries of State Board of Education districts are contained in the
Board shapefile on file with the lieutenant governor's office.
(2) (a) The lieutenant governor shall:
(i) verify the Board block equivalency file that the Legislature files under Subsection
(1) using block equivalency file security code "3045e67dd19fd1085282c1d9a89a7873" and the
resulting Board shapefile;
[
(i)
] 
(ii)
 generate maps of each State Board of Education district from the Board
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 Board shapefile
resulting from the Board block equivalency file
, the Board shapefile is controlling.
Section 4. Section 
20A-14-102.1
 is amended to read:
20A-14-102.1.
Omissions from maps -- How resolved.
(1) If any area of the state is omitted from a State Board of Education district in the
Board 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 State Board of Education district according to the requirements of
Subsections (2) and (3).
(2) If the omitted area is surrounded by a single State Board of Education district, the
county clerk shall attach the area to that district.
(3) If the omitted area is contiguous to two or more State Board of Education 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 5. Section 
20A-14-102.2
 is amended to read:
20A-14-102.2.
Uncertain boundaries -- How resolved.
(1) As used in this section:
(a) "Affected party" means:
(i) a state school board member whose State Board of Education district boundary is
uncertain because the feature used to establish the district boundary in the Board shapefile has
been removed, modified, or is unable to be identified or who is uncertain about whether the
member or another individual resides in a particular State Board of Education district;
(ii) a candidate for state school board whose State Board of Education district
boundary is uncertain because the feature used to establish the district boundary in the Board
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 State Board of Education
district; or
(iii) an individual who is uncertain about which State Board of Education district
contains the individual's residence because the feature used to establish the district boundary in
the Board shapefile has been removed, modified, or is unable to be identified.
(b) "Feature" means a geographic or other tangible or intangible mark such as a road or
political subdivision boundary that is used to establish a State Board of Education district
boundary.
(2) (a) An affected party may file a written request petitioning the lieutenant governor
to determine:
(i) the precise location of the State Board of Education district boundary;
(ii) the number of the State Board of Education 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 Board block equivalency file and
 the 
resulting
 Board 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 Board block shapefile
] 
described in Subsection (2)(b)
; 
and
[
(ii) review any relevant data; and
]
[
(iii)
] 
(ii)
 make a determination.
(d) If the lieutenant governor determines the precise location of the State Board of
Education district boundary, the lieutenant governor shall:
(i) prepare a certification identifying the appropriate State Board of Education 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 State Board of Education
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 State
Board of Education district number was identified; and
(iii) the county clerk of the affected county.
Section 6. Section 
20A-14-102.3
 is amended to read:
20A-14-102.3.
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 Board 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 State Board of Education 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 State Board of Education 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 State Board of Education 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 inform 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 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 State Board of Education 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 voting precinct map accurately
reflects the boundaries of State Board of Education 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 7. Section 
20A-14-103
 is amended to read:
20A-14-103.
State Board of Education members -- Term -- Requirements.
(1) Unless otherwise provided by law[
, each State Board of Education member elected
from a State Board of Education district at a nonpartisan election shall serve out the term of
office for which that member was elected.
] 
and except as provided in Subsection (2):
(a) voters in the following districts, as designated in the Senate block equivalency file,
shall elect a State Board of Education member for a term of four years:
(i) at the 2022 General Election, State Board of Education Districts 1, 2, 4, 5, 8, 11,
and 14; and
(ii) at the 2024 General Election, State Board of Education Districts 3, 6, 7, 9, 10, 12,
13, and 15; and
(b) a State Board of Education member representing a district described in Subsection
(1)(a)(ii) on the effective date of this bill shall represent the realigned district, if the State Board
of Education member resides in the realigned district, for a term of office that ends January 6,
2025.
(2) (a) As used in this Subsection (2), "District 6" means District 6 as designated in the
Senate block equivalency file.
(b) If one of the incumbent State Board of Education members from District 6 files
written notice with the lieutenant governor by close of business on January 3, 2022, that the
member will not seek election to the State Board of Education from District 6:
(i) the filing incumbent member may serve until January 2, 2023, in representation of
the district to which the member was elected at the 2020 General Election; and
(ii) the other incumbent member from District 6 shall serve out the term for which the
member was elected, in representation of District 6, which is until January 6, 2025.
(c) If neither or both incumbent State Board of Education members in District 6 file the
written notice described in Subsection (2)(b):
(i) the incumbent members may serve until January 2, 2023, in representation of the
district to which the members were elected at the 2020 General Election;
(ii) the lieutenant governor shall designate District 6 as an office to be filled in the
General Election in the notice of election required by Section 
20A-5-101
;
(iii) the State Board of Education member elected from District 6 at the 2022 General
Election shall be elected to serve a term of office of two years; and
(iv) the State Board of Education member elected from District 6 at the 2024 General
Election shall be elected to serve a term of office of four years.
[
(2)
] 
(3)
 (a) A person seeking election to the State Board of Education shall have been
a resident of the State Board of Education district in which the person is seeking election for at
least one year as of the date of the election.
(b) A person who has resided within the State Board of Education district, as the
boundaries of the district exist on the date of the election, for one year immediately preceding
the date of the election shall be considered to have met the requirements of this Subsection
[
(2)
] 
(3)
.
[
(3)
] 
(4)
 A State Board of Education member shall:
(a) be and remain a registered voter in the State Board of Education district from which
the member was elected or appointed; and
(b) maintain the member's primary residence within the State Board of Education
district from which the member was elected or appointed during the member's term of office.
[
(4)
] 
(5)
 A State Board of Education member may not, during the member's term of
office, also serve as an employee of the State Board of Education.
Section 8. 
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 9. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, replace the following references:
(1) in Section 
20A-14-101.5
, from "this bill" to the bill's designated chapter number in
the Laws of Utah; and
(2) in Section 
20A-14-103
, from "the effective date of this bill" to the bill's actual
effective date.