H.B. 421
         LOCAL DISTRICT DISSOLUTION

House Committee Amendments

Amendment 1 February 29, 2012 7:22 AM



Representative Daniel McCay proposes the following amendments:

1.    Page 5, Lines 136 through 141 :    

             136          (9) A local district may not be created under this chapter for two years after the date on
             137      which
{   a   }        an inactive       local district is dissolved in accordance with Part 13, Dissolution of a Local District, if

             138      the local district proposed for creation:
             139          (a) provides the same or substantially similar services as the dissolved
  inactive       local district;

             140      and
             141          (b) is located in substantially the same area as the dissolved
  inactive       local district.


2.    Page 5, Line 146 through Page 6, Line 156 :    

             146          (2) "Administrative body" means:
             147          (a) if the local district proposed to be dissolved is active and has a duly constituted
             148      board of trustees in sufficient numbers to form a quorum, the board of trustees;
{   or   }

             149          (b)
{   except as provided in Subsection (2)(a):   }        if the local district proposed to be dissolved is active or inactive and does not have a duly constituted board of trustees in sufficient numbers to form a quorum:      

             150          (i) for a local district located entirely within a single municipality, the legislative body
             151      of that municipality;
             152          (ii) for a local district located in multiple municipalities within the same county or at
             153      least partly within the unincorporated area of a county, the legislative body of that county; or
             154          (iii) for a local district located within multiple counties, the legislative body of the
             155      county whose boundaries include more of the local district than is included within the
             156      boundaries of any other county
{   .   }        ; or

    (c) if the local district proposed to be dissolved is inactive and has a duly constituted board of trustees in sufficient numbers to form a quorum:
        (i) the board of trustees, if the board of trustees receives a petition or adopts a resolution to dissolve before the legislative body described in Subsection (2)(c)(ii); or
        (ii) a legislative body described in Subsection (2)(b)(i), (ii), or (iii), respectively, if the legislative body receives a petition or adopts a resolution to dissolve before the board of trustees described in Subsection (2)(c)(i).  

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