Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 2006 Second 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 Senate boundaries and establishes new Utah State Senate boundaries;
• designates the election year for each Utah State Senate district;
• establishes the block equivalency file that is part of this bill in electronic form as the legal boundaries of the Utah State Senate 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 SENATE 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 Senate district boundary information may be found at
https://le.utah.gov.
Block equivalency file: SB2006S02_BEF.txt
Block equivalency file security code: 4dde7d733138e1360e155dfaf98a0cd5
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 Senate district boundaries and election designations.
Highlighted Provisions:
This bill:
▸ repeals current Utah State Senate boundaries and establishes new Utah State Senate
boundaries;
▸ designates the election year for each Utah State Senate district;
▸ establishes the block equivalency file that is part of this bill in electronic form as the
legal boundaries of the Utah State Senate 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:
36-1-101.1
, as last amended by Laws of Utah 2013, Chapter 454
36-1-101.5
, as last amended by Laws of Utah 2021, Chapter 345
36-1-102
, as last amended by Laws of Utah 2011, Third Special Session, Chapter 7
36-1-103
, as last amended by Laws of Utah 2013, Chapter 454
36-1-103.2
, as last amended by Laws of Utah 2021, Chapter 162
36-1-104
, as last amended by Laws of Utah 2018, Chapter 330
36-1-105
, as last amended by Laws of Utah 2021, Chapters 162 and 345
Utah Code Sections Affected by Revisor Instructions:
36-1-101.5
, as last amended by Laws of Utah 2021, Chapter 345
36-1-102
, as last amended by Laws of Utah 2011, Third Special Session, Chapter 7
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
36-1-101.1
 is amended to read:
36-1-101.1.
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) "Senate block [
assignment
] 
equivalency
 file" means the electronic file 
designated
as SB2006S02_BEF.txt
 that assigns each of Utah's [
115,406
] 
71,207
 census blocks to a
particular Utah State Senate district.
(3) "Senate shapefile" means the electronic shapefile that
:
(a) is the resulting projection of the Senate block equivalency file; and
(b)
 stores the boundary of each of the 29 Utah State Senate districts.
(4) "Shapefile" means the digital vector storage format for storing geometric location
and associated attribute information.
Section 2. Section 
36-1-101.5
 is amended to read:
36-1-101.5.
Utah State Senate -- 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 Utah State Senate shall consist of 29 members, with one member to be
elected from each Utah State Senate 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
Senate district boundaries.
[
(4)
] 
(3)
 (a) [
Notwithstanding Subsection (3), the
] 
The
 Legislature enacts the district
numbers and boundaries of the Senate districts designated in the 
Senate block equivalency file
and resulting
 Senate 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 Utah State Senate
beginning January 1, 2022; and
(ii) for all other purposes beginning January 1, 2023.
(b) [
That
] 
The Legislature shall ensure that the
 Senate shapefile, and the Senate district
boundaries generated from [
that
] 
the
 Senate shapefile, [
may be accessed via
] 
are accessible on
the Utah Legislature's website.
Section 3. Section 
36-1-102
 is amended to read:
36-1-102.
Election of senators -- Staggered terms.
[
(1)
] Unless otherwise provided by law, [
each senator elected from
] 
and
notwithstanding Subsection 
20A-1-503
(3):
(1) voters in the following districts, as designated in the Senate block equivalency file,
shall elect a senator for a term of four years:
(a) at the 2022 General Election,
 Senate Districts [
2, 3, 5, 9, 11, 12, 15, 17, 18, 21, 22,
and 26
] 
1, 5, 6, 7, 9, 11, 12, 13, 14, 18, 19, 20, 21, 23, and 28; and
(b)
 at the [
] 
 General Election [
shall serve out the term of office for which he
or she was elected
]
, Senate Districts 2, 3, 4, 8, 10, 15, 16, 17, 22, 24, 25, 26, 27, and 29;
 and
(2) a senator representing a district described in Subsection (1)(b) on the effective date
of this bill
 shall represent the realigned district
,
 if [
he or she
] 
the senator
 resides in [
that
] 
the
realigned
 district
, for a term of office that ends January 1, 2025
.
[
(2) At the general election to be held in 2012, senators elected from Senate Districts 1,
6, 7, 8, 10, 13, 14, 16, 19, 20, 23, 24, 25, 27, and 29 shall be elected to serve a term of office of
four years.
]
[
(3) (a) Because the senator from Senate District 28 was appointed to fill a mid-term
vacancy that occurred more than two years before the next regular general election, Subsection
20A-1-503
(3) requires that the vacancy be filled for the unexpired term at the next general
election.
]
[
(b) Consequently:
]
[
(i) at the general election to be held in 2012, the senator elected from Senate District
shall be elected to serve a term of office of two years; and
]
[
(ii) at the general election to be held in 2014, the senator elected from Senate District
shall be elected to serve a term of office of four years.
]
[
(4) (a) If one of the incumbent senators from new Senate District 4 files written notice
with the lieutenant governor by close of business on January 3, 2012, that the senator will not
seek election to the Senate from that Senate District 4, that incumbent senator may serve until
January 1, 2013, and the other incumbent senator from District 4 shall serve out the term for
which the member was elected, which is until January 1, 2015.
]
[
(b) (i) If one of the incumbent senators in Senate District 4 does not file the written
notice authorized by Subsection (4)(a), the lieutenant governor shall designate Senate District 4
as an office to be filled in the 2012 regular general election in the notice of election required by
Section 
20A-5-101
.
]
[
(ii) If the Subsection (4)(b)(i) contingency occurs:
]
[
(A) the senator elected from Senate District 4 at the 2012 regular general election shall
be elected to serve a term of office of two years; and
]
[
(B) the senator elected from Senate District 4 at the 2014 regular general election shall
be elected to serve a term of office of four years.
]
Section 4. Section 
36-1-103
 is amended to read:
36-1-103.
Senate districts -- Filing -- Legal boundaries.
(1) (a) The Legislature shall file a copy of the Senate [
shapefile
] 
block equivalency file
enacted by the Legislature 
and the resulting Senate shapefile
 with the lieutenant governor's
office.
(b) The legal boundaries of Senate districts are contained in the Senate shapefile on file
with the lieutenant governor's office.
(2) (a) The lieutenant governor shall:
(i) verify the Senate block equivalency file that the Legislature filed under Subsection
(1) using block equivalency file security code "4dde7d733138e1360e155dfaf98a0cd5" and the
resulting Senate shapefile;
[
(i)
] 
(ii)
 generate maps of each Utah State Senate district from the Senate 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 Senate shapefile
resulting from the Senate block equivalency file
, the Senate shapefile is controlling.
Section 5. Section 
36-1-103.2
 is amended to read:
36-1-103.2.
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 Senate 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 Senate 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 Senate 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 Senate 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 Senate 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 Senate 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 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 6. Section 
36-1-104
 is amended to read:
36-1-104.
Omissions from maps -- How resolved.
(1) If any area of the state is omitted from a Utah State Senate district in the Senate
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 Senate district according to the requirements of Subsections (2) and (3).
(2) If the omitted area is surrounded by a single Senate district, the county clerk shall
attach the area to that district.
(3) If the omitted area is contiguous to two or more Senate 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 7. Section 
36-1-105
 is amended to read:
36-1-105.
Uncertain boundaries -- How resolved.
(1) As used in this section:
(a) "Affected party" means:
(i) a senator whose Utah State Senate district boundary is uncertain because the feature
used to establish the district boundary in the Senate shapefile has been removed, modified, or is
unable to be identified or who is uncertain about whether the senator or another individual
resides in a particular Senate district;
(ii) a candidate for senator whose Senate district boundary is uncertain because the
feature used to establish the district boundary in the Senate 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 Senate district; or
(iii) an individual who is uncertain about which Senate district contains the individual's
residence because the feature used to establish the district boundary in the Senate 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 Senate district boundary.
(2) (a) An affected party may file a written request petitioning the lieutenant governor
to determine:
(i) the precise location of the Senate district boundary;
(ii) the number of the Senate 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 Senate block equivalency file and
 the 
resulting
 Senate 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
] 
after the day on which the lieutenant
governor receives the request described in Subsection (2)(a)
, the lieutenant governor shall:
[
(i) review the Senate shapefile;
]
[
(ii) review any relevant data; and
]
(i) complete the review described in Subsection (2)(b); and
[
(iii)
] 
(ii)
 make a determination.
(d) When the lieutenant governor determines the location of the Senate district
boundary, the lieutenant governor shall:
(i) prepare a certification identifying the appropriate Senate 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 Senate 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
Senate district number was identified; and
(iii) the county clerk of the affected county.
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 
36-1-101.5
, from "this bill" to the bill's designated chapter number in the
Laws of Utah; and
(2) in Section 
36-1-102
, from "the effective date of this bill" to the bill's actual
effective date.