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HB22-1097

Dissolution Of Special Districts

Concerning the authority of a board of county commissioners to file an application for dissolution of a special district with the special district's board of directors, and, in connection therewith, allowing a board of county commissioners to consent to dissolution by court order without an election of a special district with no outstanding financial obligations or debt.
Session:
2022 Regular Session
Subject:
Local Government
Bill Summary

Under current law, municipalities and regional service authorities are authorized to file an application for dissolution of a special district with the board of directors of the special district. The act expands current law to authorize a board of county commissioners to file such an application if the special district is wholly located in the boundaries of the county and to file jointly with another board of county commissioners such an application if the special district is located in 2 or more counties. If more than 85% of the special district's territory is located within the boundaries of one or more municipalities, the board of directors of the special district shall not take any action on the application unless the governing bodies of all such municipalities have consented to or joined the application.

Current law also allows the governing body of a municipality and a special district wholly within the corporate limits of the municipality that has no financial obligations or outstanding debt to mutually consent to dissolution of the special district via a court order dissolving the special district without an election. The act expands current law to allow a board of county commissioners and a special district that is wholly within the county's boundaries to mutually consent to dissolution of the special district in the same manner via a court order dissolving the special district without an election; except that, if more than 85% of the special district lies within one or more municipalities, the governing bodies of all such municipalities also must consent to dissolution via court order without an election.


(Note: This summary applies to this bill as enacted.)

Status

Introduced
Passed
Became Law

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Bill Text

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The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details