S.B. 94
         AMENDMENTS TO SPECIAL DISTRICTS

House Floor Amendments

AM11:00



Representative Gary Cox proposes the following amendments:

1.    Page 1, Line 6:    After "HEARING" insert "AND PROVIDE NOTICE" and after "IMPOSING OR" delete "MODIFYING" and insert "INCREASING"

2.    Page 1, Line 17:    After "(1)" insert "(a)"

3.    Page 1, Line 19:    After line 19 insert:

        "(b) Each public hearing under Subsection (1)(a) shall be held in the evening beginning no earlier than 6:00 p.m.
        (c) Except to the extent that this section imposes more stringent notice requirements, the special district board shall comply with Title 52, Chapter 4, Open and Public Meetings, in holding the public hearing under Subsection (1)(a).
"

4.    Page 1, Line 20:    After "give" delete "reasonable"

5.    Page 1, Line 21:    After "Subsection (1)" delete "at least 14 days before the date of the hearing" and insert "as provided in Subsection (2)(b) or (c)"

6.    Page 1, Lines 22-27:    Delete lines 22 through 27 and insert:

        "(b)(i) The notice required under Subsection (2)(a) shall be published in a newspaper or combination of newspapers of general circulation in the special district, if there is a newspaper or combination of newspapers of general circulation in the special district.
        (ii) The notice shall be no less than 1/4 page in size and the type used shall be no smaller than 18 point, and surrounded by a 1/4-inch

border.
        (iii) The notice may not be placed in that portion of the newspaper where legal notices and classified advertisements appear.
        (iv) It is legislative intent that, whenever possible, the advertisement appear in a newspaper that is published at least one day per week.
        (v) It is further the intent of the Legislature that the newspaper or combination of newspapers selected be of general interest and readership in the special district, and not of limited subject matter.
        (vi) The notice shall be run once each week for the two weeks preceding the hearing.
        (vii) The notice shall state that the special district board intends to impose or increase a fee for a service provided by the special district and will hold a public hearing on a certain day, time, and place fixed in the notice, which shall be not less than seven days after the day the first notice is published, for the purpose of hearing comments regarding the proposed imposition or increase of a fee and to explain the reasons for the proposed imposition or increase.
        (c)(i) If there is no newspaper or combination of newspapers of general circulation in the special district, the special district board shall post at least one notice per 1,000 population within the special district, at places within the special district that are most likely to provide actual notice to residents within the special district.
        (ii) Each notice under Subsection (2)(c)(i) shall comply with Subsection (2)(b)(vii).
"

7.    Page 2, Line 1:    Delete "(c)" and insert "(d)"

8.    Page 2, Line 3:    Delete "(d)" and insert "(e)"


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