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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
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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. [
24 Utah Code Sections Affected:
25 AMENDS:
26 10-2-710, as enacted by Laws of Utah 1981, Chapter 55
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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 [
33 disincorporation of a municipality or to order an election based upon the submission of [
34 petition if:
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36 official date of incorporation of the municipality which the petition seeks to dissolve, except as
37 provided in Subsection (2); or
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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