1     
UTAH STATE HOUSE BOUNDARIES DESIGNATION

2     
2021 SECOND SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Paul Ray

5     
Senate Sponsor: Scott D. Sandall

6     

7     LONG TITLE
8     Redistricting Boundary Information:
9          The Utah State House of Representatives district boundary information may be found at
10     https://le.utah.gov.
11          Block equivalency file: HB2005_BEF.txt
12          Block equivalency file security code: 12aedd41d1bb9feedeee526ed9f74eb2
13     General Description:
14          This bill, which includes this printed text and the electronic data affiliated with this text
15     that is available on the Legislature's website and also included on the electronic storage
16     device accompanying this bill when presented to the governor, establishes new Utah
17     State House of Representative district boundaries.
18     Highlighted Provisions:
19          This bill:
20          ▸     repeals current Utah State House of Representatives boundaries and establishes new
21     Utah State House of Representatives boundaries;
22          ▸     establishes the block equivalency file that is part of this bill in electronic form as the
23     legal boundaries of the Utah State House of Representatives districts;
24          ▸     provides a hash code to verify the authenticity of the block equivalency file; and
25          ▸     makes technical and conforming changes.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          This bill provides a special effective date.
30          This bill provides revisor instructions.
31     Utah Code Sections Affected:
32     AMENDS:
33          36-1-201.1, as last amended by Laws of Utah 2017, Chapter 243
34          36-1-201.5, as last amended by Laws of Utah 2021, Chapter 345
35          36-1-202, as last amended by Laws of Utah 2013, Chapter 382
36          36-1-202.2, as last amended by Laws of Utah 2021, Chapter 162
37          36-1-203, as last amended by Laws of Utah 2018, Chapter 330
38          36-1-204, as last amended by Laws of Utah 2021, Chapters 162 and 345
39     Utah Code Sections Affected by Revisor Instructions:
40          36-1-201.5, as last amended by Laws of Utah 2021, Chapter 345
41     

42     Be it enacted by the Legislature of the state of Utah:
43          Section 1. Section 36-1-201.1 is amended to read:
44          36-1-201.1. Definitions.
45          As used in this part:
46          (1) "Census block" means any one of the [115, 406] 71,207 individual geographic areas
47     into which the Bureau of the Census of the United States Department of Commerce has divided
48     the state of Utah, to each of which the Bureau of the Census has attached a discrete population
49     tabulation from the [2010] 2020 decennial census.
50          (2) "House block [assignment] equivalency file" means the electronic file designated as
51     HB2005_BEF.txt that assigns each of Utah's [115, 406] 71,207 census blocks to a particular
52     Utah State House of Representatives district.
53          (3) "House shapefile" means the electronic shapefile that:
54          (a) is the resulting projection of the House block equivalency file; and
55          (b) stores the boundary of each of the 75 Utah House of Representatives districts.
56          (4) "Shapefile" means the digital vector storage format for storing geometric location
57     and associated attribute information [and includes the boundary change in Subsection
58     36-1-201.5(4)(b)].
59          Section 2. Section 36-1-201.5 is amended to read:
60          36-1-201.5. Utah State House of Representatives -- House district boundaries.
61          [(1) As used in this section:]
62          [(a) "County boundary" means the county boundary's location in the database as of
63     January 1, 2017.]
64          [(b) "Database" means the State Geographic Information Database created in Section
65     63A-16-506.]
66          [(c) "Local school district boundary" means the local school district boundary's
67     location in the database as of January 1, 2010.]
68          [(d) "Municipal boundary" means the municipal boundary's location in the database as
69     of January 1, 2010.]
70          [(2)] (1) The Utah State House of Representatives shall consist of 75 members, with
71     one member to be elected from each Utah House of Representative district.
72          [(3)] (2) The Legislature adopts the official census population figures and maps of the
73     Bureau of the Census of the United States Department of Commerce developed in connection
74     with the taking of the [2010] 2020 national decennial census as the official data for establishing
75     House district boundaries.
76          [(4)] (3) (a) [Notwithstanding Subsection (3), and except as modified by Subsection
77     (4)(b), the] The Legislature enacts the district numbers and boundaries of the House of
78     Representatives districts designated [by the] in the House block equivalency file and resulting
79     House shapefile that is the electronic component of [2013 General Session H.B. 366, State
80     House Boundary Amendments.] this bill:
81          (i) for purposes of nominating and electing members of the Utah State House of
82     Representatives beginning January 1, 2022; and
83          (ii) for all other purposes beginning January 1, 2023.
84          [(b) The boundary between House District 1 and House District 5 in the shapefile
85     described in Subsection (4)(a) is changed to follow the county boundary of Box Elder County
86     and Cache County from the intersection of Cache, Box Elder, and Weber counties, north to the
87     intersection of House District 1, House District 3, and House District 5.]
88          [(c)] (b) [That] The Legislature shall ensure that the House shapefile, and the
89     legislative boundaries generated from [that] the House shapefile, [may be accessed via] are
90     accessible on the Utah Legislature's website.
91          Section 3. Section 36-1-202 is amended to read:
92          36-1-202. House districts -- Filing -- Legal boundaries.
93          (1) (a) The Legislature shall file a copy of the House [shapefile] block equivalency file
94     enacted by the Legislature and the resulting House shapefile with the lieutenant governor's
95     office.
96          (b) The legal boundaries of House districts are contained in the House shapefile on file
97     with the lieutenant governor's office.
98          (2) (a) The lieutenant governor shall:
99          (i) verify the House block equivalency file that the Legislature files under Subsection
100     (1) using block equivalency file security code "12aedd41d1bb9feedeee526ed9f74eb2" and the
101     corresponding House shapefile;
102          [(i)] (ii) generate maps of each House district from the House shapefile; and
103          [(ii)] (iii) ensure that [those] the district maps are available for viewing on the
104     lieutenant governor's website.
105          (b) If there is any inconsistency between the district maps and the House shapefile
106     resulting from the House block equivalency file, the House shapefile is controlling.
107          Section 4. Section 36-1-202.2 is amended to read:
108          36-1-202.2. County clerk, Utah Geospatial Resource Center, and lieutenant
109     governor responsibilities -- Maps and voting precinct boundaries.
110          (1) As used in this section, "redistricting boundary data" means the House shapefile in
111     the possession of the lieutenant governor's office.
112          (2) Each county clerk shall obtain a copy of the redistricting boundary data for the
113     clerk's county from the lieutenant governor's office.
114          (3) (a) A county clerk may create one or more county maps that identify the boundaries
115     of House districts as generated from the redistricting boundary data.
116          (b) Before publishing or distributing any map or data created by the county clerk that
117     identifies the boundaries of House districts within the county, the clerk shall submit the county
118     map and data to the lieutenant governor and to the Utah Geospatial Resource Center for
119     review.
120          (c) Within 30 days after receipt of a county map and data from a county clerk, the Utah
121     Geospatial Resource Center shall:
122          (i) review the county map and data to evaluate if the county map and data accurately
123     reflect the boundaries of House districts established by the Legislature in the redistricting
124     boundary data;
125          (ii) determine whether the county map and data are correct or incorrect; and
126          (iii) communicate those findings to the lieutenant governor.
127          (d) The lieutenant governor shall either notify the county clerk that the county map and
128     data are correct or notify the county clerk that the county map and data are incorrect.
129          (e) If the county clerk receives notice from the lieutenant governor that the county map
130     and data submitted are incorrect, the county clerk shall:
131          (i) make the corrections necessary to conform the county map and data to the
132     redistricting boundary data; and
133          (ii) resubmit the corrected county map and data to the lieutenant governor and to the
134     Utah Geospatial Resource Center for a new review under this Subsection (3).
135          (4) (a) Subject to the requirements of this Subsection (4), each county clerk shall
136     establish voting precincts and polling places within each House district according to the
137     procedures and requirements of Section 20A-5-303.
138          (b) Within five working days after approval of voting precincts and polling places by
139     the county legislative body as required by Section 20A-5-303, each county clerk shall submit a
140     voting precinct map identifying the boundaries of each voting precinct within the county to the
141     lieutenant governor and to the Utah Geospatial Resource Center for review.
142          (c) Within 30 days after receipt of a voting precinct map from a county clerk, the Utah
143     Geospatial Resource Center shall:
144          (i) review the voting precinct map to evaluate if the county map accurately reflects the
145     boundaries of House districts established by the Legislature in the redistricting boundary data;
146          (ii) determine whether the voting precinct map is correct or incorrect; and
147          (iii) communicate those findings to the lieutenant governor.
148          (d) The lieutenant governor shall either notify the county clerk that the voting precinct
149     map is correct or notify the county clerk that the voting precinct map is incorrect.
150          (e) If the county clerk receives notice from the lieutenant governor that the voting
151     precinct map is incorrect, the county clerk shall:
152          (i) make the corrections necessary to conform the voting precinct map to the
153     redistricting boundary data; and
154          (ii) resubmit the corrected voting precinct map to the lieutenant governor and to the
155     Utah Geospatial Resource Center for a new review under this Subsection (4).
156          Section 5. Section 36-1-203 is amended to read:
157          36-1-203. Omissions from maps -- How resolved.
158          (1) If any area of the state is omitted from a Utah State House of Representatives
159     district in the House shapefile [enacted by the Legislature] in the possession of the lieutenant
160     governor's office, the county clerk of the affected county, upon discovery of the omission, shall
161     attach the area to the appropriate House district according to the requirements of Subsections
162     (2) and (3).
163          (2) If the omitted area is surrounded by a single House district, the county clerk shall
164     attach the area to that district.
165          (3) If the omitted area is contiguous to two or more House districts, the county clerk
166     shall attach the area to the district that has the least population, as determined by the Utah
167     Population Committee.
168          (4) The county clerk shall certify in writing and file with the lieutenant governor any
169     attachment made under this section.
170          Section 6. Section 36-1-204 is amended to read:
171          36-1-204. Uncertain boundaries -- How resolved.
172          (1) As used in this section:
173          (a) "Affected party" means:
174          (i) a representative whose Utah State House of Representatives district boundary is
175     uncertain because the feature used to establish the district boundary in the House shapefile has
176     been removed, modified, or is unable to be identified or who is uncertain about whether the
177     representative or another individual resides in a particular House district;
178          (ii) a candidate for representative whose House district boundary is uncertain because
179     the feature used to establish the district boundary in the House shapefile has been removed,
180     modified, or is unable to be identified or who is uncertain about whether the candidate or
181     another individual resides in a particular House district; or
182          (iii) an individual who is uncertain about which House district contains the individual's
183     residence because the feature used to establish the district boundary in the House shapefile has
184     been removed, modified, or is unable to be identified.
185          (b) "Feature" means a geographic or other identifiable tangible or intangible object
186     such as a road or political subdivision boundary that is used to establish a House district
187     boundary.
188          (2) (a) An affected party may file a written request petitioning the lieutenant governor
189     to determine:
190          (i) the precise location of the House district boundary;
191          (ii) the number of the House district in which an individual resides; or
192          (iii) both Subsections (2)(a)(i) and (ii).
193          (b) In order to make the determination required by Subsection (2)(a), the lieutenant
194     governor shall review:
195          (i) the House block equivalency file and the resulting House shapefile; and
196          (ii) any other relevant data such as aerial photographs, aerial maps, or other data about
197     the area.
198          (c) Within five days of receipt of the request, the lieutenant governor shall:
199          (i) complete the review [the House shapefile;] described in Subsection (2)(b); and
200          [(ii) review any relevant data; and]
201          [(iii)] (ii) make a determination.
202          (d) When the lieutenant governor determines the location of the House district
203     boundary, the lieutenant governor shall:
204          (i) prepare a certification identifying the appropriate House district boundary and
205     attaching a map, if necessary; and
206          (ii) send a copy of the certification to:
207          (A) the affected party;
208          (B) the county clerk of the affected county; and
209          (C) the Utah Geospatial Resource Center created under Section 63A-16-505.
210          (e) If the lieutenant governor determines the number of the House district in which a
211     particular individual resides, the lieutenant governor shall send a letter identifying that district
212     by number to:
213          (i) the individual;
214          (ii) the affected party who filed the petition, if different than the individual whose
215     House district number was identified; and
216          (iii) the county clerk of the affected county.
217          Section 7. Effective date.
218          If approved by two-thirds of all the members elected to each house, this bill takes effect
219     upon approval by the governor, or the day following the constitutional time limit of Utah
220     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
221     the date of veto override.
222          Section 8. Revisor instructions.
223          The Legislature intends that the Office of Legislative Research and General Counsel, in
224     preparing the Utah Code database for publication, replace the references in Section 36-1-201.5
225     from "this bill" to the bill's designated chapter number in the Laws of Utah.