H.B. 201

This document includes House Committee Amendments incorporated into the bill on Fri, Feb 27, 2009 at 11:25 AM by jeyring. --> This document includes House Floor Amendments incorporated into the bill on Fri, Mar 6, 2009 at 1:01 PM by jeyring. --> 1

MUNICIPAL DISINCORPORATION
2 AMENDMENTS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Gage Froerer
6 Senate Sponsor: Dennis E. Stowell
7
8 LONG TITLE
9 General Description:
10 This bill modifies a provision relating to the disincorporation of a municipality.
11 Highlighted Provisions:
12 This bill:
13 . modifies a provision depriving district courts of jurisdiction to consider or order an
14 election for a disconnection petition when the petition is filed within two years after
15 the incorporation; and
16 . provides an exception to that provision if the municipality was incorporated H. on or
16a after January 1, 2009 .H without
17 an election to approve the incorporation or the incorporation petition did not contain
18 the signatures of a majority of registered voters within the area proposed for
19 incorporation.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 H. [ None ] This bill provides an immediate effective date. .H
24 Utah Code Sections Affected:
25 AMENDS:
26 10-2-710, as enacted by Laws of Utah 1981, Chapter 55
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 10-2-710 is amended to read:
30 10-2-710. Limitation on jurisdiction of court to consider disincorporation
31 petition.
32 [No] (1) A district court [has] does not have jurisdiction to consider a petition seeking
33 disincorporation of a municipality or to order an election based upon the submission of [such] a
34 petition if:
35 [(1)] (a) the disincorporation petition is filed with the court less than two years after the
36 official date of incorporation of the municipality which the petition seeks to dissolve, except as
37 provided in Subsection (2); or
38 [(2)] (b) the disincorporation petition is filed with the court less than two years after the
39 date of an election held to decide the question of dissolution of the municipality which the
40 petition seeks to dissolve.
41 (2) The limitation on the district court's jurisdiction under Subsection (1)(a) does not
42 apply if:
43 (a) the municipality was incorporated H. on or after January 1, 2009 .H without an
43a election to approve the incorporation;
44 or
45 (b) the incorporation petition that was filed to propose the incorporation of the
46 municipality did not contain the signatures of a majority of the registered voters within the area
47 that the incorporation petition proposed to be incorporated.
47a H. Section 2. Effective date.
47b If approved by two-thirds of all the members elected to each house, this bill takes effect
47c upon approval by the governor, or the day following the constitutional time limit of Utah
47d Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
47e the date of veto override. .H




Legislative Review Note
as of 2-5-09 9:30 AM

Office of Legislative Research and General Counsel