Enrolled Copy H.B. 77
1 LOCAL DISTRICT REVISIONS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stewart E. Barlow
5 Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill is one of two bills that, together change the name of "local district" to "special
10 district" throughout the Utah Code.
11 Highlighted Provisions:
12 This bill:
13 < replaces the term "local district" with the term "special district" throughout the Utah
14 Code; and
15 < makes technical changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 This bill provides a special effective date.
20 This bill provides revisor instructions.
21 Utah Code Sections Affected:
22 AMENDS:
23 8-5-5, as last amended by Laws of Utah 2007, Chapter 329
24 10-2-401, as last amended by Laws of Utah 2021, Chapter 112
25 10-2-403, as last amended by Laws of Utah 2021, Chapter 112
26 10-2-406, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
27 10-2-412, as last amended by Laws of Utah 2007, Chapter 329
28 10-2-413, as last amended by Laws of Utah 2019, Chapter 255
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29 10-2-414, as last amended by Laws of Utah 2021, Chapter 112
30 10-2-418, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
31 10-2-419, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
32 10-2-425, as last amended by Laws of Utah 2019, Chapter 159
33 10-2-428, as last amended by Laws of Utah 2008, Chapter 360
34 10-2a-205, as last amended by Laws of Utah 2019, Chapter 165
35 10-2a-210, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
36 10-2a-404, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
37 10-3c-102, as enacted by Laws of Utah 2015, Chapter 352
38 10-9a-103, as last amended by Laws of Utah 2022, Chapters 355, 406
39 10-9a-305, as last amended by Laws of Utah 2021, Chapter 35
40 10-9a-529, as last amended by Laws of Utah 2021, Chapter 385
41 11-2-1, as last amended by Laws of Utah 2007, Chapter 329
42 11-13-103, as last amended by Laws of Utah 2020, Chapter 381
43 11-13a-102, as enacted by Laws of Utah 2017, Chapter 441
44 11-14-102, as last amended by Laws of Utah 2016, Chapter 176
45 11-14a-1, as last amended by Laws of Utah 2021, Chapter 355
46 11-27-2, as last amended by Laws of Utah 2020, Chapter 365
47 11-30-2, as last amended by Laws of Utah 2010, Chapter 378
48 11-31-2, as last amended by Laws of Utah 2016, Chapter 350
49 11-32-2, as last amended by Laws of Utah 2016, Chapter 350
50 11-34-1, as last amended by Laws of Utah 2016, Chapter 350
51 11-36a-102, as last amended by Laws of Utah 2022, Chapter 237
52 11-36a-203, as enacted by Laws of Utah 2011, Chapter 47
53 11-36a-502, as enacted by Laws of Utah 2011, Chapter 47
54 11-36a-504, as last amended by Laws of Utah 2021, Chapters 84, 345
55 11-39-101, as last amended by Laws of Utah 2018, Chapter 103
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56 11-39-107, as last amended by Laws of Utah 2014, Chapter 196
57 11-40-101, as last amended by Laws of Utah 2008, Chapter 360
58 11-41-102, as last amended by Laws of Utah 2022, Chapter 307
59 11-42-102, as last amended by Laws of Utah 2021, Chapters 314, 415
60 11-42a-102, as last amended by Laws of Utah 2021, Chapter 280
61 11-43-102, as last amended by Laws of Utah 2008, Chapter 360
62 11-47-102, as enacted by Laws of Utah 2011, Chapter 45
63 11-48-101.5, as enacted by Laws of Utah 2021, Chapter 265
64 11-48-103, as enacted by Laws of Utah 2021, Chapter 265
65 11-50-102, as last amended by Laws of Utah 2016, Chapter 350
66 11-52-102, as last amended by Laws of Utah 2016, Chapter 350
67 11-54-102, as last amended by Laws of Utah 2019, Chapter 136
68 11-55-102, as enacted by Laws of Utah 2017, Chapter 70
69 11-57-102, as enacted by Laws of Utah 2017, Chapter 354
70 11-58-102, as last amended by Laws of Utah 2022, Chapter 82
71 11-58-205, as last amended by Laws of Utah 2022, Chapter 82
72 11-59-102, as last amended by Laws of Utah 2022, Chapter 237
73 11-59-204, as last amended by Laws of Utah 2021, Chapter 415
74 11-60-102, as enacted by Laws of Utah 2018, Chapter 197
75 11-61-102, as enacted by Laws of Utah 2018, Chapter 188
76 11-65-101, as enacted by Laws of Utah 2022, Chapter 59
77 13-8-5, as last amended by Laws of Utah 2017, Chapter 373
78 14-1-18, as last amended by Laws of Utah 2016, Chapter 350
79 15-7-2, as last amended by Laws of Utah 2016, Chapter 350
80 19-3-301, as last amended by Laws of Utah 2021, Chapter 184
81 19-4-111, as last amended by Laws of Utah 2013, Chapter 321
82 19-6-508, as enacted by Laws of Utah 2016, Chapters 273, 346
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83 26-8a-102, as last amended by Laws of Utah 2022, Chapters 255, 351 and 404
84 26-8a-405.2, as last amended by Laws of Utah 2011, Chapter 297
85 26-8a-603, as enacted by Laws of Utah 2022, Chapter 347
86 26-18-21, as last amended by Laws of Utah 2019, Chapter 393
87 31A-23a-501, as last amended by Laws of Utah 2021, Chapter 252
88 34-30-14, as last amended by Laws of Utah 2007, Chapter 329
89 34-32-1.1, as last amended by Laws of Utah 2012, Chapter 369
90 34-41-101, as last amended by Laws of Utah 2021, Chapter 345
91 34-52-102, as last amended by Laws of Utah 2019, Chapter 371
92 35A-1-102, as last amended by Laws of Utah 2018, Chapters 415, 427
93 36-11-102, as last amended by Laws of Utah 2022, Chapter 125
94 36-11-201, as last amended by Laws of Utah 2022, Chapter 125
95 36-11-304, as last amended by Laws of Utah 2022, Chapter 125
96 36-12-13, as last amended by Laws of Utah 2021, Chapters 254, 421
97 38-1b-102, as last amended by Laws of Utah 2022, Chapter 415
98 38-9-102, as renumbered and amended by Laws of Utah 2014, Chapter 114
99 45-1-101, as last amended by Laws of Utah 2021, Chapters 84, 345
100 49-11-102, as last amended by Laws of Utah 2020, Chapter 365
101 49-11-205, as enacted by Laws of Utah 2019, Chapter 31
102 51-4-2, as last amended by Laws of Utah 2017, Chapter 64
103 51-7-3, as last amended by Laws of Utah 2017, Chapter 338
104 52-4-203, as last amended by Laws of Utah 2022, Chapter 402
105 52-8-102, as renumbered and amended by Laws of Utah 2008, Chapter 382
106 53-2a-203, as last amended by Laws of Utah 2021, Chapter 437
107 53-2a-302, as last amended by Laws of Utah 2019, Chapter 349
108 53-2a-305, as renumbered and amended by Laws of Utah 2013, Chapter 295
109 53-2a-602, as last amended by Laws of Utah 2016, Chapters 83, 134
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110 53-2a-605, as last amended by Laws of Utah 2015, Chapter 265
111 53-2a-1301, as enacted by Laws of Utah 2019, Chapter 306
112 53-3-207, as last amended by Laws of Utah 2022, Chapter 158
113 53-5-708, as last amended by Laws of Utah 2013, Chapters 298, 445
114 53-7-104, as last amended by Laws of Utah 2010, Chapter 310
115 53-21-101, as enacted by Laws of Utah 2022, Chapter 114
116 53B-16-104, as last amended by Laws of Utah 2007, Chapter 329
117 53B-28-402, as last amended by Laws of Utah 2021, Chapter 187
118 53G-3-204, as last amended by Laws of Utah 2021, Chapters 84, 162 and 345
119 53G-4-402, as last amended by Laws of Utah 2021, Chapters 84, 262, 324, and 345
120 54-3-28, as last amended by Laws of Utah 2021, Chapters 162, 345 and 382
121 54-14-103, as last amended by Laws of Utah 2009, Chapter 316
122 57-8-27, as last amended by Laws of Utah 2016, Chapter 255
123 59-2-102, as last amended by Laws of Utah 2022, Chapter 239
124 59-2-511, as last amended by Laws of Utah 2007, Chapter 329
125 59-2-919, as last amended by Laws of Utah 2021, Chapters 84, 345
126 59-2-924.2, as last amended by Laws of Utah 2022, Chapter 451
127 59-2-1101, as last amended by Laws of Utah 2022, Chapter 235
128 59-2-1317, as last amended by Laws of Utah 2022, Chapter 463
129 59-2-1710, as enacted by Laws of Utah 2012, Chapter 197
130 63A-5b-901, as last amended by Laws of Utah 2022, Chapter 421
131 63A-5b-1102, as renumbered and amended by Laws of Utah 2020, Chapter 152
132 63A-9-101, as last amended by Laws of Utah 2021, Chapter 344
133 63A-9-401, as last amended by Laws of Utah 2022, Chapter 169
134 63A-15-102, as renumbered and amended by Laws of Utah 2018, Chapter 461
135 63A-15-201, as last amended by Laws of Utah 2022, Chapter 125
136 63C-24-102, as enacted by Laws of Utah 2021, Chapter 155
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137 63E-1-102, as last amended by Laws of Utah 2022, Chapters 44, 63
138 63G-2-103, as last amended by Laws of Utah 2021, Chapters 211, 283
139 63G-2-305, as last amended by Laws of Utah 2022, Chapters 11, 109, 198, 201, 303,
140 335, 388, 391, and 415
141 63G-6a-103, as last amended by Laws of Utah 2022, Chapters 421, 422
142 63G-6a-118, as enacted by Laws of Utah 2020, Chapter 257
143 63G-6a-202, as last amended by Laws of Utah 2021, Chapter 344
144 63G-6a-2402, as last amended by Laws of Utah 2017, Chapter 181
145 63G-7-102, as last amended by Laws of Utah 2022, Chapter 346
146 63G-7-401, as last amended by Laws of Utah 2021, Chapter 326
147 63G-9-201, as last amended by Laws of Utah 2016, Chapter 350
148 63G-12-102, as last amended by Laws of Utah 2022, Chapter 430
149 63G-22-102, as last amended by Laws of Utah 2021, Chapter 345
150 63G-26-102, as enacted by Laws of Utah 2020, Chapter 393
151 63H-1-102, as last amended by Laws of Utah 2022, Chapters 82, 274
152 63H-1-202, as last amended by Laws of Utah 2022, Chapters 274, 463
153 63I-5-102, as last amended by Laws of Utah 2020, Chapter 365
154 63J-1-220, as last amended by Laws of Utah 2021, Chapter 382
155 63J-4-102, as last amended by Laws of Utah 2021, Chapter 382
156 63J-4-801, as enacted by Laws of Utah 2021, First Special Session, Chapter 4
157 63L-4-102, as renumbered and amended by Laws of Utah 2008, Chapter 382
158 63L-5-102, as renumbered and amended by Laws of Utah 2008, Chapter 382
159 63L-11-102, as renumbered and amended by Laws of Utah 2021, Chapter 382
160 63M-5-103, as renumbered and amended by Laws of Utah 2008, Chapter 382
161 65A-8-203, as last amended by Laws of Utah 2021, Chapter 97
162 67-1a-6.5, as last amended by Laws of Utah 2021, Chapters 162, 345
163 67-1a-15, as last amended by Laws of Utah 2020, Chapter 30
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164 67-1b-102, as enacted by Laws of Utah 2021, Chapter 394
165 67-3-1, as last amended by Laws of Utah 2022, Chapter 307
166 67-3-12, as last amended by Laws of Utah 2022, Chapters 169, 205 and 274
167 67-3-13, as enacted by Laws of Utah 2021, Chapter 155
168 67-11-2, as last amended by Laws of Utah 2007, Chapters 306, 329
169 67-21-2, as last amended by Laws of Utah 2022, Chapter 174
170 71-8-1, as last amended by Laws of Utah 2018, Chapter 39
171 71-10-1, as last amended by Laws of Utah 2016, Chapter 230
172 72-2-201, as last amended by Laws of Utah 2021, Chapters 121, 411
173 72-14-304, as enacted by Laws of Utah 2018, Chapter 40
174 73-2-1 (Superseded 05/03/23), as last amended by Laws of Utah 2022, Chapters 75,
175 225
176 73-2-1 (Effective 05/03/23), as last amended by Laws of Utah 2022, Chapters 75, 225
177 and 311
178 73-5-15, as last amended by Laws of Utah 2012, Chapter 97
179 73-10-21, as last amended by Laws of Utah 2008, Chapter 360
180 76-1-101.5, as renumbered and amended by Laws of Utah 2022, Chapter 181
181 77-23d-102, as enacted by Laws of Utah 2015, Chapter 447
182 77-38-601, as enacted by Laws of Utah 2022, Chapter 215
183 78B-2-216, as last amended by Laws of Utah 2014, Chapter 377
184 78B-4-509, as last amended by Laws of Utah 2020, Chapter 125
185 78B-6-2301, as enacted by Laws of Utah 2022, Chapter 428
186
187 Be it enacted by the Legislature of the state of Utah:
188 Section 1. Section 8-5-5 is amended to read:
189 8-5-5. Proceeds of resale of lots.
190 The proceeds from the subsequent resale of any lot or parcel, title to which has been
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191 revested in the municipality or cemetery maintenance district under Section 8-5-2 or 8-5-6, less
192 the costs and expenses incurred in the proceeding, shall become part of the permanent care and
193 improvement fund of the municipality or cemetery maintenance district, subject to subsequent
194 disposition under Title 10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, Title 10,
195 Chapter 6, Uniform Fiscal Procedures Act for Utah Cities, or [Title 17B, Chapter 1, Part 6,
196 Fiscal Procedures for Local Districts] Title 17B, Chapter 1, Part 6, Fiscal Procedures for
197 Special Districts.
198 Section 2. Section 10-2-401 is amended to read:
199 10-2-401. Definitions -- Property owner provisions.
200 (1) As used in this part:
201 (a) "Affected entity" means:
202 (i) a county of the first or second class in whose unincorporated area the area proposed
203 for annexation is located;
204 (ii) a county of the third, fourth, fifth, or sixth class in whose unincorporated area the
205 area proposed for annexation is located, if the area includes residents or commercial or
206 industrial development;
207 (iii) a [local] special district under [Title 17B, Limited Purpose Local Government
208 Entities - Local Districts] Title 17B, Limited Purpose Local Government Entities - Special
209 Districts, or special service district under Title 17D, Chapter 1, Special Service District Act,
210 whose boundary includes any part of an area proposed for annexation;
211 (iv) a school district whose boundary includes any part of an area proposed for
212 annexation, if the boundary is proposed to be adjusted as a result of the annexation; and
213 (v) a municipality whose boundaries are within 1/2 mile of an area proposed for
214 annexation.
215 (b) "Annexation petition" means a petition under Section 10-2-403 proposing the
216 annexation to a municipality of a contiguous, unincorporated area that is contiguous to the
217 municipality.
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218 (c) "Commission" means a boundary commission established under Section 10-2-409
219 for the county in which the property that is proposed for annexation is located.
220 (d) "Expansion area" means the unincorporated area that is identified in an annexation
221 policy plan under Section 10-2-401.5 as the area that the municipality anticipates annexing in
222 the future.
223 (e) "Feasibility consultant" means a person or firm with expertise in the processes and
224 economics of local government.
225 (f) "Mining protection area" means the same as that term is defined in Section
226 17-41-101.
227 (g) "Municipal selection committee" means a committee in each county composed of
228 the mayor of each municipality within that county.
229 (h) "Planning advisory area" means the same as that term is defined in Section
230 17-27a-306.
231 (i) "Private," with respect to real property, means not owned by the United States or
232 any agency of the federal government, the state, a county, a municipality, a school district, a
233 [local] special district under [Title 17B, Limited Purpose Local Government Entities - Local
234 Districts] Title 17B, Limited Purpose Local Government Entities - Special Districts, a special
235 service district under Title 17D, Chapter 1, Special Service District Act, or any other political
236 subdivision or governmental entity of the state.
237 (j) "Rural real property" means the same as that term is defined in Section
238 17B-2a-1107.
239 (k) "Specified county" means a county of the second, third, fourth, fifth, or sixth class.
240 (l) "Unincorporated peninsula" means an unincorporated area:
241 (i) that is part of a larger unincorporated area;
242 (ii) that extends from the rest of the unincorporated area of which it is a part;
243 (iii) that is surrounded by land that is within a municipality, except where the area
244 connects to and extends from the rest of the unincor