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Senate advances companion bills renaming 'local district' to 'special district' and adds remedy for nonperforming districts

Utah State Senate · February 9, 2023
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Summary

Companion measures First Substitute House Bill 22 and First Substitute House Bill 77, which change 'local district' to 'special district' in code and provide a mechanism to replace nonperforming improvement‑district boards after about 100 days, were presented and placed on the third‑reading calendar.

Senators on the floor considered companion bills — First Substitute House Bill 22 and First Substitute House Bill 77 — intended to standardize terminology in state code and add a statutory mechanism to address nonperforming improvement districts.

Sponsor Senator Bramble said the bills change the term "local district" to "special district" to align Utah code with common usage in other states and fix inconsistent terminology across provisions. The bills also add an authority to replace board members of an improvement district that fails to provide the services for which it was constituted; the replacement mechanism would allow board members who live within the district or own property there to replace nonperforming boards after a 100‑day period so sewer, water and other services can be pursued.

Senator Reebie asked whether the bills affect charter schools (a line in existing code, line 365, references charter schools). Senator Bramble and the chair clarified that changing the title from "local district" to "special service district" does not alter the existing code provision in line 365 and would not, as drafted, affect charter schools; the question pertains to preexisting code rather than the substitute language. Bramble also noted that the two bills were split because the original draft was hundreds of pages and legislative counsel preferred two companion bills to keep each bill manageable.

Both companion bills were moved and the floor recorded votes that will place them on the third‑reading calendar; if passed by the required supermajority they may take immediate effect per provisions in the substitute. No floor amendments were adopted in the excerpt provided.

Next steps: the bills are on the third‑reading calendar and may be considered for final passage; sponsors noted an immediate‑effective clause if more than two‑thirds of the Senate approves.