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House approves annexation change allowing island/peninsula annexations if local bodies agree

February 03, 2015 | 2015 Utah Legislature, Utah Legislature, Utah Legislative Branch, Utah


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House approves annexation change allowing island/peninsula annexations if local bodies agree
The Utah House approved House Bill 42, an amendment to state annexation law that would allow an annexation that creates an island or peninsula if the county and municipality both consent and public hearings proceed, passing the measure 51–22.

Representative Westwood, the bill sponsor, said HB42 would amend only section 4-02 and ‘‘only if the county municipality separately agree to the annexation’’ and that hearing and notice requirements would remain intact. ‘‘If all parties agree, then the annexation would go forward. If 1 party does not agree, the annexation is off,’’ Westwood said on the floor.

Representative Miller offered Amendment #1 to exempt counties of the first class — citing concerns about unincorporated Salt Lake County and past unilateral annexations — and urged its adoption. Miller said Salt Lake County’s governance structure and pending local negotiations make a blanket statewide change inappropriate for that county. Supporters of the amendment argued it would protect local input and unique local circumstances.

Westwood opposed the amendment, saying the bill does not affect section 4-18 and that the public due-process safeguards would remain; she asked members to leave decision-making at the local level when all parties are in agreement. Members debated whether the legislature should carve out an exception for counties of the first class or allow all counties to use the same procedure.

The House first voted on the Miller amendment; after a division and recorded count the clerk announced the amendment failed, 27 yes to 46 no. The House then voted on HB42 itself; the clerk announced HB42 had passed with 51 yes votes and 22 no votes and the bill will be transmitted to the Senate.

Next steps: HB42 will be transmitted to the Senate for consideration. The record shows a failed amendment seeking a county-of-first-class exception, which may be revisited in committee or in the other chamber.

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