Representative Paul Ray proposes the following substitute bill:


1     
STATE BOARD OF EDUCATION BOUNDARIES AND

2     
ELECTION DESIGNATION

3     
2021 SECOND SPECIAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Scott D. Sandall

6     
House Sponsor: Paul Ray

7     

8     LONG TITLE
9     Redistricting Boundary Information:
10          The Utah State Board of Education district boundary information may be found at
11     https://le.utah.gov.
12          Block equivalency file: SB2005S07_BEF.txt
13          Block equivalency file security code: 3045e67dd19fd1085282c1d9a89a7873
14     General Description:
15          This bill, which includes this printed text and the electronic data affiliated with the text
16     that is available on the Legislature's website and also included on the electronic storage
17     device accompanying this bill when presented to the governor, establishes new Utah
18     State Board of Education district boundaries.
19     Highlighted Provisions:
20          This bill:
21          ▸     repeals current Utah State Board of Education district boundaries and establishes
22     new Utah State Board of Education district boundaries;
23          ▸     establishes election dates for Utah State Board of Education districts to ensure that
24     Utah State Board of Education terms are staggered;
25          ▸     establishes the block equivalency file, which is part of this bill in electronic form, as
26     the legal boundaries of Utah State Board of Education districts; and
27          ▸     makes technical and conforming changes.
28     Money Appropriated in this Bill:
29          None
30     Other Special Clauses:
31          This bill provides a special effective date.
32          This bill provides revisor instructions.
33     Utah Code Sections Affected:
34     AMENDS:
35          20A-14-101.1, as last amended by Laws of Utah 2013, Chapter 455
36          20A-14-101.5, as last amended by Laws of Utah 2021, Chapter 345
37          20A-14-102, as last amended by Laws of Utah 2013, Chapter 455
38          20A-14-102.1, as last amended by Laws of Utah 2018, Chapter 330
39          20A-14-102.2, as last amended by Laws of Utah 2021, Chapters 162 and 345
40          20A-14-102.3, as last amended by Laws of Utah 2021, Chapter 162
41          20A-14-103, as last amended by Laws of Utah 2018, Chapter 19
42     Utah Code Sections Affected by Revisor Instructions:
43          20A-14-101.5, as last amended by Laws of Utah 2021, Chapter 345
44          20A-14-103, as last amended by Laws of Utah 2018, Chapter 19
45     

46     Be it enacted by the Legislature of the state of Utah:
47          Section 1. Section 20A-14-101.1 is amended to read:
48          20A-14-101.1. Definitions.
49          As used in this part:
50          (1) "Board" means the State Board of Education.
51          (2) "Board block [assignment] equivalency file" means the electronic file designated as
52     SB2005S07_BEF.txt that assigns each of Utah's [115,406] 71,207 census blocks to a particular
53     State Board of Education district.
54          (3) "Board shapefile" means the electronic shapefile that:
55          (a) is the resulting projection of the Board block equivalency file; and
56          (b) stores the boundary of each of the 15 State Board of Education districts.
57          (4) "Census block" means any one of the [115,406] 71,207 individual geographic areas
58     into which the Bureau of the Census of the United States Department of Commerce has divided
59     the state of Utah, to each of which the Bureau of the Census has attached a discrete population
60     tabulation from the [2010] 2020 decennial census.
61          (5) "Shapefile" means the digital vector storage format for storing geometric location
62     and associated attribute information.
63          Section 2. Section 20A-14-101.5 is amended to read:
64          20A-14-101.5. State Board of Education -- Number of members -- State Board of
65     Education district boundaries.
66          [(1) As used in this section:]
67          [(a) "County boundary" means the county boundary's location in the database as of
68     January 1, 2010.]
69          [(b) "Database" means the State Geographic Information Database created in Section
70     63A-16-506.]
71          [(c) "Local school district boundary" means the local school district boundary's
72     location in the database as of January 1, 2010.]
73          [(d) "Municipal boundary" means the municipal boundary's location in the database as
74     of January 1, 2010.]
75          [(2)] (1) The State Board of Education shall consist of 15 members, with one member
76     to be elected from each State Board of Education district.
77          [(3)] (2) The Legislature adopts the official census population figures and maps of the
78     Bureau of the Census of the United States Department of Commerce developed in connection
79     with the taking of the [2010] 2020 national decennial census as the official data for establishing
80     State Board of Education district boundaries.
81          [(4)] (3) (a) Notwithstanding Subsection [(3)] (2), the Legislature enacts the district
82     numbers and boundaries of the State Board of Education districts designated in the Board block
83     equivalency file and resulting Board shapefile that is the electronic component of [the bill that
84     enacts this section.] this bill:
85          (i) for purposes of nominating and electing certain members of the State Board of
86     Education beginning January 1, 2022; and
87          (ii) for all other purposes beginning January 1, 2023.
88          (b) [That] The Legislature shall ensure that the Board shapefile, and the State Board of
89     Education district boundaries generated from [that] the Board shapefile, [may be accessed via]
90     are accessible on the Utah Legislature's website.
91          Section 3. Section 20A-14-102 is amended to read:
92          20A-14-102. State Board of Education districts -- Filing -- Legal boundaries.
93          (1) (a) The Legislature shall file a copy of the Board [shapefile] block equivalency file
94     enacted by the Legislature and the resulting Board shapefile with the lieutenant governor's
95     office.
96          (b) The legal boundaries of State Board of Education districts are contained in the
97     Board shapefile on file with the lieutenant governor's office.
98          (2) (a) The lieutenant governor shall:
99          (i) verify the Board block equivalency file that the Legislature files under Subsection
100     (1) using block equivalency file security code "3045e67dd19fd1085282c1d9a89a7873" and the
101     resulting Board shapefile;
102          [(i)] (ii) generate maps of each State Board of Education district from the Board
103     shapefile; and
104          [(ii)] (iii) ensure that [those] the district maps are available for viewing on the
105     lieutenant governor's website.
106          (b) If there is any inconsistency between the district maps and the Board shapefile
107     resulting from the Board block equivalency file, the Board shapefile is controlling.
108          Section 4. Section 20A-14-102.1 is amended to read:
109          20A-14-102.1. Omissions from maps -- How resolved.
110          (1) If any area of the state is omitted from a State Board of Education district in the
111     Board shapefile [enacted by the Legislature] in the possession of the lieutenant governor's
112     office, the county clerk of the affected county, upon discovery of the omission, shall attach the
113     area to the appropriate State Board of Education district according to the requirements of
114     Subsections (2) and (3).
115          (2) If the omitted area is surrounded by a single State Board of Education district, the
116     county clerk shall attach the area to that district.
117          (3) If the omitted area is contiguous to two or more State Board of Education districts,
118     the county clerk shall attach the area to the district that has the least population, as determined
119     by the Utah Population Committee.
120          (4) The county clerk shall certify in writing and file with the lieutenant governor any
121     attachment made under this section.
122          Section 5. Section 20A-14-102.2 is amended to read:
123          20A-14-102.2. Uncertain boundaries -- How resolved.
124          (1) As used in this section:
125          (a) "Affected party" means:
126          (i) a state school board member whose State Board of Education district boundary is
127     uncertain because the feature used to establish the district boundary in the Board shapefile has
128     been removed, modified, or is unable to be identified or who is uncertain about whether the
129     member or another individual resides in a particular State Board of Education district;
130          (ii) a candidate for state school board whose State Board of Education district
131     boundary is uncertain because the feature used to establish the district boundary in the Board
132     shapefile has been removed, modified, or is unable to be identified or who is uncertain about
133     whether the candidate or another individual resides in a particular State Board of Education
134     district; or
135          (iii) an individual who is uncertain about which State Board of Education district
136     contains the individual's residence because the feature used to establish the district boundary in
137     the Board shapefile has been removed, modified, or is unable to be identified.
138          (b) "Feature" means a geographic or other tangible or intangible mark such as a road or
139     political subdivision boundary that is used to establish a State Board of Education district
140     boundary.
141          (2) (a) An affected party may file a written request petitioning the lieutenant governor
142     to determine:
143          (i) the precise location of the State Board of Education district boundary;
144          (ii) the number of the State Board of Education district in which an individual resides;
145     or
146          (iii) both Subsections (2)(a)(i) and (ii).
147          (b) In order to make the determination required by Subsection (2)(a), the lieutenant
148     governor shall review:
149          (i) the Board block equivalency file and the resulting Board shapefile; and
150          (ii) any other relevant data such as aerial photographs, aerial maps, or other data about
151     the area.
152          (c) Within five days of receipt of the request, the lieutenant governor shall:
153          (i) complete the review [the Board block shapefile] described in Subsection (2)(b); and
154          [(ii) review any relevant data; and]
155          [(iii)] (ii) make a determination.
156          (d) If the lieutenant governor determines the precise location of the State Board of
157     Education district boundary, the lieutenant governor shall:
158          (i) prepare a certification identifying the appropriate State Board of Education district
159     boundary and attaching a map, if necessary; and
160          (ii) send a copy of the certification to:
161          (A) the affected party;
162          (B) the county clerk of the affected county; and
163          (C) the Utah Geospatial Resource Center created under Section 63A-16-505.
164          (e) If the lieutenant governor determines the number of the State Board of Education
165     district in which a particular individual resides, the lieutenant governor shall send a letter
166     identifying that district by number to:
167          (i) the individual;
168          (ii) the affected party who filed the petition, if different than the individual whose State
169     Board of Education district number was identified; and
170          (iii) the county clerk of the affected county.
171          Section 6. Section 20A-14-102.3 is amended to read:
172          20A-14-102.3. County clerk, Utah Geospatial Resource Center, and lieutenant
173     governor responsibilities -- Maps and voting precinct boundaries.
174          (1) As used in this section, "redistricting boundary data" means the Board shapefile in
175     the possession of the lieutenant governor's office.
176          (2) Each county clerk shall obtain a copy of the redistricting boundary data for the
177     clerk's county from the lieutenant governor's office.
178          (3) (a) A county clerk may create one or more county maps that identify the boundaries
179     of State Board of Education districts as generated from the redistricting boundary data.
180          (b) Before publishing or distributing any map or data created by the county clerk that
181     identifies the boundaries of State Board of Education districts within the county, the clerk shall
182     submit the county map and data to the lieutenant governor and to the Utah Geospatial Resource
183     Center for review.
184          (c) Within 30 days after receipt of a county map and data from a county clerk, the Utah
185     Geospatial Resource Center shall:
186          (i) review the county map and data to evaluate if the county map and data accurately
187     reflect the boundaries of State Board of Education districts established by the Legislature in the
188     redistricting boundary data;
189          (ii) determine whether the county map and data are correct or incorrect; and
190          (iii) communicate those findings to the lieutenant governor.
191          (d) The lieutenant governor shall either notify the county clerk that the county map and
192     data are correct or inform the county clerk that the county map and data are incorrect.
193          (e) If the county clerk receives notice from the lieutenant governor that the county map
194     and data submitted are incorrect, the county clerk shall:
195          (i) make the corrections necessary to conform the county map and data to the
196     redistricting boundary data; and
197          (ii) resubmit the corrected county map and data to the lieutenant governor for a new
198     review under this Subsection (3).
199          (4) (a) Subject to the requirements of this Subsection (4), each county clerk shall
200     establish voting precincts and polling places within each State Board of Education district
201     according to the procedures and requirements of Section 20A-5-303.
202          (b) Within five working days after approval of voting precincts and polling places by
203     the county legislative body as required by Section 20A-5-303, each county clerk shall submit a
204     voting precinct map identifying the boundaries of each voting precinct within the county to the
205     lieutenant governor and to the Utah Geospatial Resource Center for review.
206          (c) Within 30 days after receipt of a voting precinct map from a county clerk, the Utah
207     Geospatial Resource Center shall:
208          (i) review the voting precinct map to evaluate if the voting precinct map accurately
209     reflects the boundaries of State Board of Education districts established by the Legislature in
210     the redistricting boundary data;
211          (ii) determine whether the voting precinct map is correct or incorrect; and
212          (iii) communicate those findings to the lieutenant governor.
213          (d) The lieutenant governor shall either notify the county clerk that the voting precinct
214     map is correct or notify the county clerk that the voting precinct map is incorrect.
215          (e) If the county clerk receives notice from the lieutenant governor that the voting
216     precinct map is incorrect, the county clerk shall:
217          (i) make the corrections necessary to conform the voting precinct map to the
218     redistricting boundary data; and
219          (ii) resubmit the corrected voting precinct map to the lieutenant governor and to the
220     Utah Geospatial Resource Center for a new review under this Subsection (4).
221          Section 7. Section 20A-14-103 is amended to read:
222          20A-14-103. State Board of Education members -- Term -- Requirements.
223          (1) Unless otherwise provided by law[, each State Board of Education member elected
224     from a State Board of Education district at a nonpartisan election shall serve out the term of
225     office for which that member was elected.] and except as provided in Subsection (2):
226          (a) voters in the following districts, as designated in the Senate block equivalency file,
227     shall elect a State Board of Education member for a term of four years:
228          (i) at the 2022 General Election, State Board of Education Districts 1, 2, 4, 5, 8, 11 and
229     14; and
230          (ii) at the 2024 General Election, State Board of Education Districts 3, 6, 7, 9, 10, 12,
231     13, and 15; and
232          (b) a State Board of Education member representing a district described in Subsection
233     (1)(a)(ii) on the effective date of this bill shall represent the realigned district, if the State Board
234     of Education member resides in the realigned district, for a term of office that ends January 6,
235     2025.
236          (2) (a) As used in this Subsection (2), "District 6" means District 6 as designated in the
237     Senate block equivalency file.
238          (b) If one of the incumbent State Board of Education members from District 6 files
239     written notice with the lieutenant governor by close of business on January 3, 2022, that the
240     member will not seek election to the State Board of Education from District 6:
241          (i) the filing incumbent member may serve until January 2, 2023 in representation of
242     the district to which the member was elected at the 2020 General Election; and
243          (ii) the other incumbent member from District 6 shall serve out the term for which the
244     member was elected, in representation of District 6, which is until January 6, 2025.
245          (c) If neither or both incumbent State Board of Education members in District 6 file the
246     written notice described in Subsection (2)(b):
247          (i) the incumbent members may serve until January 2, 2023, in representation of the
248     district to which the members were elected at the 2020 General Election;
249          (ii) the lieutenant governor shall designate District 6 as an office to be filled in the
250     2022 General Election in the notice of election required by Section 20A-5-101;
251          (iii) the State Board of Education member elected from District 6 at the 2022 General
252     Election shall be elected to serve a term of office of two years; and
253          (iv) the State Board of Education member elected from District 6 at the 2024 General
254     Election shall be elected to serve a term of office of four years.
255          [(2)] (3) (a) A person seeking election to the State Board of Education shall have been
256     a resident of the State Board of Education district in which the person is seeking election for at
257     least one year as of the date of the election.
258          (b) A person who has resided within the State Board of Education district, as the
259     boundaries of the district exist on the date of the election, for one year immediately preceding
260     the date of the election shall be considered to have met the requirements of this Subsection
261     [(2)] (3).
262          [(3)] (4) A State Board of Education member shall:
263          (a) be and remain a registered voter in the State Board of Education district from which
264     the member was elected or appointed; and
265          (b) maintain the member's primary residence within the State Board of Education
266     district from which the member was elected or appointed during the member's term of office.
267          [(4)] (5) A State Board of Education member may not, during the member's term of
268     office, also serve as an employee of the State Board of Education.
269          Section 8. Effective date.
270          If approved by two-thirds of all the members elected to each house, this bill takes effect
271     upon approval by the governor, or the day following the constitutional time limit of Utah
272     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
273     the date of veto override.
274          Section 9. Revisor instructions.
275          The Legislature intends that the Office of Legislative Research and General Counsel, in
276     preparing the Utah Code database for publication, replace the following references:
277          (1) in Section 20A-14-101.5, from "this bill" to the bill's designated chapter number in
278     the Laws of Utah; and
279          (2) in Section 20A-14-103, from "the effective date of this bill" to the bill's actual
280     effective date.