Senator Scott D. Sandall proposes the following substitute bill:


1     
UTAH STATE SENATE BOUNDARIES AND ELECTION

2     
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 Senate district boundary information may be found at
11     https://le.utah.gov.
12          Block equivalency file: SB2006S02_BEF.txt
13          Block equivalency file security code: 4dde7d733138e1360e155dfaf98a0cd5
14     General Description:
15          This bill, which includes this printed text and the electronic data affiliated with this 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 Senate district boundaries and election designations.
19     Highlighted Provisions:
20          This bill:
21          ▸     repeals current Utah State Senate boundaries and establishes new Utah State Senate
22     boundaries;
23          ▸     designates the election year for each Utah State Senate district;
24          ▸     establishes the block equivalency file that is part of this bill in electronic form as the
25     legal boundaries of the Utah State Senate districts;
26          ▸     provides a hash code to verify the authenticity of the block equivalency file; 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          36-1-101.1, as last amended by Laws of Utah 2013, Chapter 454
36          36-1-101.5, as last amended by Laws of Utah 2021, Chapter 345
37          36-1-102, as last amended by Laws of Utah 2011, Third Special Session, Chapter 7
38          36-1-103, as last amended by Laws of Utah 2013, Chapter 454
39          36-1-103.2, as last amended by Laws of Utah 2021, Chapter 162
40          36-1-104, as last amended by Laws of Utah 2018, Chapter 330
41          36-1-105, as last amended by Laws of Utah 2021, Chapters 162 and 345
42     Utah Code Sections Affected by Revisor Instructions:
43          36-1-101.5, as last amended by Laws of Utah 2021, Chapter 345
44          36-1-102, as last amended by Laws of Utah 2011, Third Special Session, Chapter 7
45     

46     Be it enacted by the Legislature of the state of Utah:
47          Section 1. Section 36-1-101.1 is amended to read:
48          36-1-101.1. Definitions.
49          As used in this part:
50          (1) "Census block" means any one of the [115,406] 71,207 individual geographic areas
51     into which the Bureau of the Census of the United States Department of Commerce has divided
52     the state of Utah, to each of which the Bureau of the Census has attached a discrete population
53     tabulation from the [2010] 2020 decennial census.
54          (2) "Senate block [assignment] equivalency file" means the electronic file designated
55     as SB2006S02_BEF.txt that assigns each of Utah's [115,406] 71,207 census blocks to a
56     particular Utah State Senate district.
57          (3) "Senate shapefile" means the electronic shapefile that:
58          (a) is the resulting projection of the Senate block equivalency file; and
59          (b) stores the boundary of each of the 29 Utah State Senate districts.
60          (4) "Shapefile" means the digital vector storage format for storing geometric location
61     and associated attribute information.
62          Section 2. Section 36-1-101.5 is amended to read:
63          36-1-101.5. Utah State Senate -- District boundaries.
64          [(1) As used in this section:]
65          [(a) "County boundary" means the county boundary's location in the database as of
66     January 1, 2010.]
67          [(b) "Database" means the State Geographic Information Database created in Section
68     63A-16-506.]
69          [(c) "Local school district boundary" means the local school district boundary's
70     location in the database as of January 1, 2010.]
71          [(d) "Municipal boundary" means the municipal boundary's location in the database as
72     of January 1, 2010.]
73          [(2)] (1) The Utah State Senate shall consist of 29 members, with one member to be
74     elected from each Utah State Senate district.
75          [(3)] (2) The Legislature adopts the official census population figures and maps of the
76     Bureau of the Census of the United States Department of Commerce developed in connection
77     with the taking of the [2010] 2020 national decennial census as the official data for establishing
78     Senate district boundaries.
79          [(4)] (3) (a) [Notwithstanding Subsection (3), the] The Legislature enacts the district
80     numbers and boundaries of the Senate districts designated in the Senate block equivalency file
81     and resulting Senate shapefile that is the electronic component of [the bill that enacts this
82     section.] this bill:
83          (i) for purposes of nominating and electing certain members of the Utah State Senate
84     beginning January 1, 2022; and
85          (ii) for all other purposes beginning January 1, 2023.
86          (b) [That] The Legislature shall ensure that the Senate shapefile, and the Senate district
87     boundaries generated from [that] the Senate shapefile, [may be accessed via] are accessible on
88     the Utah Legislature's website.
89          Section 3. Section 36-1-102 is amended to read:
90          36-1-102. Election of senators -- Staggered terms.
91          [(1)] Unless otherwise provided by law, [each senator elected from] and
92     notwithstanding Subsection 20A-1-503(3):
93          (1) voters in the following districts, as designated in the Senate block equivalency file,
94     shall elect a senator for a term of four years:
95          (a) at the 2022 General Election, Senate Districts [2, 3, 5, 9, 11, 12, 15, 17, 18, 21, 22,
96     and 26] 1, 5, 6, 7, 9, 11, 12, 13, 14, 18, 19, 20, 21, 23, and 28; and
97          (b) at the [2010] 2024 General Election [shall serve out the term of office for which he
98     or she was elected], Senate Districts 2, 3, 4, 8, 10, 15, 16, 17, 22, 24, 25, 26, 27, and 29; and
99          (2) a senator representing a district described in Subsection (1)(b) on the effective date
100     of this bill shall represent the realigned district, if [he or she] the senator resides in [that] the
101     realigned district, for a term of office that ends January 1, 2025.
102          [(2) At the general election to be held in 2012, senators elected from Senate Districts 1,
103     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
104     four years.]
105          [(3) (a) Because the senator from Senate District 28 was appointed to fill a mid-term
106     vacancy that occurred more than two years before the next regular general election, Subsection
107     20A-1-503(3) requires that the vacancy be filled for the unexpired term at the next general
108     election.]
109          [(b) Consequently:]
110          [(i) at the general election to be held in 2012, the senator elected from Senate District
111     28 shall be elected to serve a term of office of two years; and]
112          [(ii) at the general election to be held in 2014, the senator elected from Senate District
113     28 shall be elected to serve a term of office of four years.]
114          [(4) (a) If one of the incumbent senators from new Senate District 4 files written notice
115     with the lieutenant governor by close of business on January 3, 2012, that the senator will not
116     seek election to the Senate from that Senate District 4, that incumbent senator may serve until
117     January 1, 2013, and the other incumbent senator from District 4 shall serve out the term for
118     which the member was elected, which is until January 1, 2015.]
119          [(b) (i) If one of the incumbent senators in Senate District 4 does not file the written
120     notice authorized by Subsection (4)(a), the lieutenant governor shall designate Senate District 4
121     as an office to be filled in the 2012 regular general election in the notice of election required by
122     Section 20A-5-101.]
123          [(ii) If the Subsection (4)(b)(i) contingency occurs:]
124          [(A) the senator elected from Senate District 4 at the 2012 regular general election shall
125     be elected to serve a term of office of two years; and]
126          [(B) the senator elected from Senate District 4 at the 2014 regular general election shall
127     be elected to serve a term of office of four years.]
128          Section 4. Section 36-1-103 is amended to read:
129          36-1-103. Senate districts -- Filing -- Legal boundaries.
130          (1) (a) The Legislature shall file a copy of the Senate [shapefile] block equivalency file
131     enacted by the Legislature and the resulting Senate shapefile with the lieutenant governor's
132     office.
133          (b) The legal boundaries of Senate districts are contained in the Senate shapefile on file
134     with the lieutenant governor's office.
135          (2) (a) The lieutenant governor shall:
136          (i) verify the Senate block equivalency file that the Legislature filed under Subsection
137     (1) using block equivalency file security code "4dde7d733138e1360e155dfaf98a0cd5" and the
138     resulting Senate shapefile;
139          [(i)] (ii) generate maps of each Utah State Senate district from the Senate shapefile;
140     and
141          [(ii)] (iii) ensure that [those] the district maps are available for viewing on the
142     lieutenant governor's website.
143          (b) If there is any inconsistency between the district maps and the Senate shapefile
144     resulting from the Senate block equivalency file, the Senate shapefile is controlling.
145          Section 5. Section 36-1-103.2 is amended to read:
146          36-1-103.2. County clerk, Utah Geospatial Resource Center, and lieutenant
147     governor responsibilities -- Maps and voting precinct boundaries.
148          (1) As used in this section, "redistricting boundary data" means the Senate shapefile in
149     the possession of the lieutenant governor's office.
150          (2) Each county clerk shall obtain a copy of the redistricting boundary data for the
151     clerk's county from the lieutenant governor's office.
152          (3) (a) A county clerk may create one or more county maps that identify the boundaries
153     of Senate districts as generated from the redistricting boundary data.
154          (b) Before publishing or distributing any map or data created by the county clerk that
155     identifies the boundaries of Senate districts within the county, the clerk shall submit the county
156     map and data to the lieutenant governor and to the Utah Geospatial Resource Center for
157     review.
158          (c) Within 30 days after receipt of a county map and data from a county clerk, the Utah
159     Geospatial Resource Center shall:
160          (i) review the county map and data to evaluate if the county map and data accurately
161     reflect the boundaries of Senate districts established by the Legislature in the redistricting
162     boundary data;
163          (ii) determine whether the county map and data are correct or incorrect; and
164          (iii) communicate those findings to the lieutenant governor.
165          (d) The lieutenant governor shall either notify the county clerk that the county map and
166     data are correct or notify the county clerk that the county map and data are incorrect.
167          (e) If the county clerk receives notice from the lieutenant governor that the county map
168     and data submitted are incorrect, the county clerk shall:
169          (i) make the corrections necessary to conform the county map and data to the
170     redistricting boundary data; and
171          (ii) resubmit the corrected county map and data to the lieutenant governor and to the
172     Utah Geospatial Resource Center for a new review under this Subsection (3).
173          (4) (a) Subject to the requirements of this Subsection (4), each county clerk shall
174     establish voting precincts and polling places within each Senate district according to the
175     procedures and requirements of Section 20A-5-303.
176          (b) Within five working days after approval of voting precincts and polling places by
177     the county legislative body as required by Section 20A-5-303, each county clerk shall submit a
178     voting precinct map identifying the boundaries of each voting precinct within the county to the
179     lieutenant governor and to the Utah Geospatial Resource Center for review.
180          (c) Within 30 days after receipt of a voting precinct map from a county clerk, the Utah
181     Geospatial Resource Center shall:
182          (i) review the voting precinct map to evaluate if the voting precinct map accurately
183     reflects the boundaries of Senate districts established by the Legislature in the redistricting
184     boundary data;
185          (ii) determine whether the voting precinct map is correct or incorrect; and
186          (iii) communicate those findings to the lieutenant governor.
187          (d) The lieutenant governor shall either notify the county clerk that the voting precinct
188     map is correct or notify the county clerk that the map is incorrect.
189          (e) If the county clerk receives notice from the lieutenant governor that the voting
190     precinct map is incorrect, the county clerk shall:
191          (i) make the corrections necessary to conform the voting precinct map to the
192     redistricting boundary data; and
193          (ii) resubmit the corrected voting precinct map to the lieutenant governor and to the
194     Utah Geospatial Resource Center for a new review under this Subsection (4).
195          Section 6. Section 36-1-104 is amended to read:
196          36-1-104. Omissions from maps -- How resolved.
197          (1) If any area of the state is omitted from a Utah State Senate district in the Senate
198     shapefile [enacted by the Legislature] in the possession of the lieutenant governor's office, the
199     county clerk of the affected county, upon discovery of the omission, shall attach the area to the
200     appropriate Senate district according to the requirements of Subsections (2) and (3).
201          (2) If the omitted area is surrounded by a single Senate district, the county clerk shall
202     attach the area to that district.
203          (3) If the omitted area is contiguous to two or more Senate districts, the county clerk
204     shall attach the area to the district that has the least population, as determined by the Utah
205     Population Committee.
206          (4) The county clerk shall certify in writing and file with the lieutenant governor any
207     attachment made under this section.
208          Section 7. Section 36-1-105 is amended to read:
209          36-1-105. Uncertain boundaries -- How resolved.
210          (1) As used in this section:
211          (a) "Affected party" means:
212          (i) a senator whose Utah State Senate district boundary is uncertain because the feature
213     used to establish the district boundary in the Senate shapefile has been removed, modified, or is
214     unable to be identified or who is uncertain about whether the senator or another individual
215     resides in a particular Senate district;
216          (ii) a candidate for senator whose Senate district boundary is uncertain because the
217     feature used to establish the district boundary in the Senate shapefile has been removed,
218     modified, or is unable to be identified or who is uncertain about whether the candidate or
219     another individual resides in a particular Senate district; or
220          (iii) an individual who is uncertain about which Senate district contains the individual's
221     residence because the feature used to establish the district boundary in the Senate shapefile has
222     been removed, modified, or is unable to be identified.
223          (b) "Feature" means a geographic or other tangible or intangible mark such as a road or
224     political subdivision boundary that is used to establish a Senate district boundary.
225          (2) (a) An affected party may file a written request petitioning the lieutenant governor
226     to determine:
227          (i) the precise location of the Senate district boundary;
228          (ii) the number of the Senate district in which an individual resides; or
229          (iii) both Subsections (2)(a)(i) and (ii).
230          (b) In order to make the determination required by Subsection (2)(a), the lieutenant
231     governor shall review:
232          (i) the Senate block equivalency file and the resulting Senate shapefile; and
233          (ii) any other relevant data such as aerial photographs, aerial maps, or other data about
234     the area.
235          (c) Within five days [of receipt of the request] after the day on which the lieutenant
236     governor receives the request described in Subsection (2)(a), the lieutenant governor shall:
237          [(i) review the Senate shapefile;]
238          [(ii) review any relevant data; and]
239          (i) complete the review described in Subsection (2)(b); and
240          [(iii)] (ii) make a determination.
241          (d) When the lieutenant governor determines the location of the Senate district
242     boundary, the lieutenant governor shall:
243          (i) prepare a certification identifying the appropriate Senate district boundary and
244     attaching a map, if necessary; and
245          (ii) send a copy of the certification to:
246          (A) the affected party;
247          (B) the county clerk of the affected county; and
248          (C) the Utah Geospatial Resource Center created under Section 63A-16-505.
249          (e) If the lieutenant governor determines the number of the Senate district in which a
250     particular individual resides, the lieutenant governor shall send a letter identifying that district
251     by number to:
252          (i) the individual;
253          (ii) the affected party who filed the petition, if different than the individual whose
254     Senate district number was identified; and
255          (iii) the county clerk of the affected county.
256          Section 8. Effective date.
257          If approved by two-thirds of all the members elected to each house, this bill takes effect
258     upon approval by the governor, or the day following the constitutional time limit of Utah
259     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
260     the date of veto override.
261          Section 9. Revisor instructions.
262          The Legislature intends that the Office of Legislative Research and General Counsel, in
263     preparing the Utah Code database for publication, replace the following references:
264          (1) in Section 36-1-101.5, from "this bill" to the bill's designated chapter number in the
265     Laws of Utah; and
266          (2) in Section 36-1-102, from "the effective date of this bill" to the bill's actual
267     effective date.