S.B. 208 Enrolled

1

UTAH PUBLIC NOTICE WEBSITE
2 AMENDMENTS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Stephen H. Urquhart
6 House Sponsor: Kevin S. Garn
7 Cosponsors:
8 Gregory S. Bell
9 Curtis S. Bramble
10 D. Chris Buttars
11 Allen M. Christensen
12 Margaret DaytonJon J. Greiner
David P. Hinkins
Scott K. Jenkins
Sheldon L. Killpack
Daniel R. Liljenquist
Karen MayneKaren W. Morgan
Wayne L. Niederhauser
Ralph Okerlund
Luz Robles
Howard A. Stephenson
Michael G. Waddoups 13
14 LONG TITLE
15 General Description:
16 This bill amends provisions of the Utah Code to allow posting of legal notices on a
17 website.
18 Highlighted Provisions:
19 This bill:
20 . amends provisions of the Utah Code to allow posting of legal notices on a website;
21 and
22 . makes technical corrections.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 This bill coordinates with H.B. 67, Public Hearings on Property Tax Increases by
27 providing substantive and technical changes.
28 This bill coordinates with S.B. 65, Amendments to Property Tax Notice, Public
29 Hearing, and Resolution Provisions, by providing substantive, superseding, and
30 technical changes.

31 This bill coordinates with S.B. 73, Unincorporated Areas Amendments, by providing
32 substantive and technical changes
33 This bill coordinates with S.B. 209, Land Use, Development, and Management Act
34 Amendments, providing substantive and technical changes.
35 Utah Code Sections Affected:
36 AMENDS:
37 3-1-7, as last amended by Laws of Utah 1994, Chapter 204
38 4-17-7, as last amended by Laws of Utah 1985, Chapter 18
39 4-30-5, as enacted by Laws of Utah 1979, Chapter 2
40 6-1-5, Utah Code Annotated 1953
41 7-1-704, as last amended by Laws of Utah 2008, Chapter 382
42 7-1-706, as last amended by Laws of Utah 1997, Chapter 91
43 7-1-709, as last amended by Laws of Utah 1995, Chapter 49
44 7-2-6, as last amended by Laws of Utah 1994, Chapter 200
45 7-7-10, as last amended by Laws of Utah 2003, Chapter 327
46 8-5-6, as last amended by Laws of Utah 2002, Chapter 123
47 9-3-409, as last amended by Laws of Utah 2005, Chapter 105
48 9-8-805, as renumbered and amended by Laws of Utah 1992, Chapter 241
49 10-2-108, as repealed and reenacted by Laws of Utah 1997, Chapter 389
50 10-2-111, as repealed and reenacted by Laws of Utah 1997, Chapter 389
51 10-2-114, as last amended by Laws of Utah 2008, Chapter 19
52 10-2-115, as last amended by Laws of Utah 2000, Chapter 1
53 10-2-116, as enacted by Laws of Utah 1997, Chapter 389
54 10-2-125, as last amended by Laws of Utah 2008, Chapters 16 and 19
55 10-2-406, as last amended by Laws of Utah 2007, Chapter 329
56 10-2-407, as last amended by Laws of Utah 2003, Chapter 211
57 10-2-415, as last amended by Laws of Utah 2001, Chapter 206
58 10-2-418, as last amended by Laws of Utah 2007, Chapters 329 and 378

59 10-2-419, as last amended by Laws of Utah 2007, Chapter 329
60 10-2-501, as last amended by Laws of Utah 2003, Chapter 279
61 10-2-502.5, as renumbered and amended by Laws of Utah 2003, Chapter 279
62 10-2-607, as last amended by Laws of Utah 1993, Chapter 227
63 10-2-703, as enacted by Laws of Utah 1977, Chapter 48
64 10-2-708, as enacted by Laws of Utah 1977, Chapter 48
65 10-3-818, as last amended by Laws of Utah 2008, Chapter 250
66 10-5-108, as last amended by Laws of Utah 2001, Chapter 178
67 10-6-113, as enacted by Laws of Utah 1979, Chapter 26
68 10-6-152, as last amended by Laws of Utah 1993, Chapter 4
69 10-7-16, as last amended by Laws of Utah 2002, Chapter 90
70 10-7-19, Utah Code Annotated 1953
71 10-8-2, as last amended by Laws of Utah 2008, Chapters 3 and 382
72 10-9a-204, as enacted by Laws of Utah 2005, Chapter 254
73 10-9a-205, as enacted by Laws of Utah 2005, Chapter 254
74 10-9a-208, as last amended by Laws of Utah 2006, Chapter 240
75 10-18-203, as enacted by Laws of Utah 2001, Chapter 83
76 10-18-302, as last amended by Laws of Utah 2008, Chapter 382
77 10-18-303, as enacted by Laws of Utah 2001, Chapter 83
78 11-13-219, as last amended by Laws of Utah 2005, Chapter 105
79 11-14-202, as last amended by Laws of Utah 2006, Chapter 83
80 11-14-315, as last amended by Laws of Utah 2006, Chapter 83
81 11-14-316, as last amended by Laws of Utah 2006, Chapter 83
82 11-14-318, as enacted by Laws of Utah 2008, Chapter 21
83 11-14a-1, as last amended by Laws of Utah 2007, Chapter 329
84 11-17-16, as last amended by Laws of Utah 1988, Third Special Session, Chapter 1
85 11-27-4, as enacted by Laws of Utah 1981, Chapter 43
86 11-27-5, as enacted by Laws of Utah 1981, Chapter 43

87 11-30-5, as last amended by Laws of Utah 1997, Chapter 84
88 11-32-10, as enacted by Laws of Utah 1987, Chapter 143
89 11-32-11, as enacted by Laws of Utah 1987, Chapter 143
90 11-39-103, as last amended by Laws of Utah 2007, Chapter 329
91 11-42-202, as enacted by Laws of Utah 2007, Chapter 329
92 11-42-301, as enacted by Laws of Utah 2007, Chapter 329
93 11-42-402, as enacted by Laws of Utah 2007, Chapter 329
94 11-42-404, as enacted by Laws of Utah 2007, Chapter 329
95 11-42-604, as enacted by Laws of Utah 2007, Chapter 329
96 13-31-302, as enacted by Laws of Utah 1998, Chapter 349
97 13-44-202, as enacted by Laws of Utah 2006, Chapter 343
98 16-4-206, as enacted by Laws of Utah 2007, Chapter 367
99 16-4-303, as enacted by Laws of Utah 2007, Chapter 367
100 16-4-312, as enacted by Laws of Utah 2007, Chapter 367
101 16-6a-103, as enacted by Laws of Utah 2000, Chapter 300
102 16-6a-704, as enacted by Laws of Utah 2000, Chapter 300
103 16-6a-814, as last amended by Laws of Utah 2006, Chapter 228
104 16-6a-1407, as last amended by Laws of Utah 2008, Chapter 364
105 16-10a-103, as last amended by Laws of Utah 2008, Chapter 364
106 16-10a-1407, as last amended by Laws of Utah 2008, Chapter 364
107 16-16-1209, as enacted by Laws of Utah 2008, Chapter 363
108 17-27a-204, as enacted by Laws of Utah 2005, Chapter 254
109 17-27a-205, as enacted by Laws of Utah 2005, Chapter 254
110 17-27a-208, as last amended by Laws of Utah 2006, Chapter 240
111 17-27a-306, as last amended by Laws of Utah 2008, Chapter 250
112 17-27a-404, as renumbered and amended by Laws of Utah 2005, Chapter 254
113 17-30-6, as last amended by Laws of Utah 1993, Chapter 234
114 17-36-12, as last amended by Laws of Utah 1979, Chapter 62

115 17-36-25, as enacted by Laws of Utah 1975, Chapter 22
116 17-36-26, as enacted by Laws of Utah 1975, Chapter 22
117 17-36-40, as enacted by Laws of Utah 1983, Chapter 73
118 17-41-302, as last amended by Laws of Utah 2006, Chapter 194
119 17-41-304, as last amended by Laws of Utah 2006, Chapter 194
120 17-41-405, as last amended by Laws of Utah 2006, Chapter 194
121 17-52-101, as last amended by Laws of Utah 2001, Chapter 241
122 17-53-208, as last amended by Laws of Utah 2006, Chapter 192
123 17A-3-914, as last amended by Laws of Utah 1991, Chapter 5
124 17A-3-915, as renumbered and amended by Laws of Utah 1990, Chapter 186
125 17B-1-211, as renumbered and amended by Laws of Utah 2007, Chapter 329
126 17B-1-304, as renumbered and amended by Laws of Utah 2007, Chapter 329
127 17B-1-306, as last amended by Laws of Utah 2008, Chapters 54, 182, and 360
128 17B-1-313, as enacted by Laws of Utah 2007, Chapter 329
129 17B-1-413, as renumbered and amended by Laws of Utah 2007, Chapter 329
130 17B-1-417, as renumbered and amended by Laws of Utah 2007, Chapter 329
131 17B-1-512, as renumbered and amended by Laws of Utah 2007, Chapter 329
132 17B-1-609, as renumbered and amended by Laws of Utah 2007, Chapter 329
133 17B-1-643, as last amended by Laws of Utah 2008, Chapter 360
134 17B-1-1204, as enacted by Laws of Utah 2007, Chapter 329
135 17B-1-1307, as renumbered and amended by Laws of Utah 2007, Chapter 329
136 17C-1-601, as renumbered and amended by Laws of Utah 2006, Chapter 359
137 17C-2-108, as renumbered and amended by Laws of Utah 2006, Chapter 359
138 17C-2-403, as renumbered and amended by Laws of Utah 2006, Chapter 359
139 17C-3-107, as enacted by Laws of Utah 2006, Chapter 359
140 17C-3-303, as enacted by Laws of Utah 2006, Chapter 359
141 17C-4-106, as enacted by Laws of Utah 2006, Chapter 359
142 17C-4-202, as last amended by Laws of Utah 2007, Chapter 364

143 17C-4-302, as enacted by Laws of Utah 2006, Chapter 359
144 17D-1-205, as enacted by Laws of Utah 2008, Chapter 360
145 17D-2-601, as enacted by Laws of Utah 2008, Chapter 360
146 17D-3-305, as enacted by Laws of Utah 2008, Chapter 360
147 19-2-109, as renumbered and amended by Laws of Utah 1991, Chapter 112
148 19-5-110, as renumbered and amended by Laws of Utah 1991, Chapter 112
149 19-6-712, as enacted by Laws of Utah 1993, Chapter 283
150 20A-3-201, as last amended by Laws of Utah 2006, Chapter 326
151 20A-3-603, as last amended by Laws of Utah 2008, Chapter 53
152 20A-3-604, as enacted by Laws of Utah 2006, Chapter 264
153 20A-5-101, as last amended by Laws of Utah 2007, Chapters 238 and 329
154 20A-5-405, as last amended by Laws of Utah 2007, Chapter 75
155 20A-7-204.1, as last amended by Laws of Utah 2005, Chapter 236
156 20A-9-203, as last amended by Laws of Utah 2008, Chapters 13, 19, and 225
157 23-21-1.5, as last amended by Laws of Utah 1998, Chapter 218
158 24-1-4, as last amended by Laws of Utah 2004, Chapter 296
159 26-8a-405.3, as last amended by Laws of Utah 2008, Chapter 382
160 26-8a-406, as last amended by Laws of Utah 2003, Chapter 213
161 26-19-6, as last amended by Laws of Utah 2004, Chapter 72
162 31A-2-303, as last amended by Laws of Utah 1987, Chapter 161
163 31A-27a-406, as enacted by Laws of Utah 2007, Chapter 309
164 38-2-3.2, as last amended by Laws of Utah 2007, Chapter 306
165 38-8-3, as last amended by Laws of Utah 1984, Chapter 66
166 38-13-204, as enacted by Laws of Utah 2005, Chapter 187
167 39-1-15, Utah Code Annotated 1953
168 40-6-10, as last amended by Laws of Utah 2008, Chapter 382
169 40-8-8, as last amended by Laws of Utah 2002, Chapter 194
170 40-8-10, as last amended by Laws of Utah 1987, Chapter 161

171 40-8-13, as last amended by Laws of Utah 2003, Chapter 35
172 40-10-13, as last amended by Laws of Utah 2008, Chapter 382
173 40-10-17 (Subsect (2)(t)(ii) Repeal 09/30/09), as last amended by Laws of Utah 2004,
174 Chapter 230
175 40-10-27, as last amended by Laws of Utah 1997, Chapter 135
176 41-1a-1103, as last amended by Laws of Utah 2005, Chapter 56
177 47-2-4, as last amended by Laws of Utah 2000, Chapter 75
178 48-2c-1306, as last amended by Laws of Utah 2008, Chapter 364
179 52-4-202, as last amended by Laws of Utah 2008, Chapters 234 and 360
180 53A-3-202, as last amended by Laws of Utah 2007, Chapter 375
181 53A-3-402, as last amended by Laws of Utah 2007, Chapter 92
182 53A-18-104, as enacted by Laws of Utah 1988, Chapter 2
183 53A-19-102, as last amended by Laws of Utah 2008, Chapters 61, 231, and 236
184 53A-19-104, as enacted by Laws of Utah 1988, Chapter 2
185 53B-3-107, as last amended by Laws of Utah 1997, Chapter 116
186 53B-7-101.5, as enacted by Laws of Utah 2001, Chapter 186
187 54-4-27, Utah Code Annotated 1953
188 54-7-17, as last amended by Laws of Utah 1987, Chapter 161
189 54-8-10, as enacted by Laws of Utah 1969, Chapter 157
190 54-8-16, as enacted by Laws of Utah 1969, Chapter 157
191 54-8-23, as enacted by Laws of Utah 1969, Chapter 157
192 57-1-25, as last amended by Laws of Utah 2002, Chapter 209
193 57-11-11, as last amended by Laws of Utah 2000, Chapter 86
194 59-2-918, as last amended by Laws of Utah 2008, Chapters 61, 231, and 236
195 59-2-919, as last amended by Laws of Utah 2008, Chapters 231 and 301
196 59-2-924, as last amended by Laws of Utah 2008, Chapters 61, 118, 231, 236, 330,
197 360, and 382
198 59-2-926, as last amended by Laws of Utah 2008, Chapter 330

199 59-2-1303, as last amended by Laws of Utah 1999, Chapter 207
200 59-2-1309, as last amended by Laws of Utah 1997, Chapter 360
201 59-2-1310, as last amended by Laws of Utah 1995, Chapter 198
202 59-2-1332, as last amended by Laws of Utah 1997, Chapter 143
203 59-2-1332.5, as last amended by Laws of Utah 2002, Chapter 30
204 59-2-1351, as last amended by Laws of Utah 2000, Chapter 75
205 59-12-402, as last amended by Laws of Utah 2008, Chapter 384
206 59-12-1001, as last amended by Laws of Utah 2008, Chapters 382 and 384
207 59-12-1102, as last amended by Laws of Utah 2008, Chapters 237, 382, and 384
208 63B-1-317, as renumbered and amended by Laws of Utah 2003, Chapter 86
209 63B-1a-501, as enacted by Laws of Utah 2003, Chapter 2
210 63B-2-116, as last amended by Laws of Utah 2005, Chapter 105
211 63B-2-216, as last amended by Laws of Utah 2005, Chapter 105
212 63B-3-116, as last amended by Laws of Utah 2005, Chapter 105
213 63B-3-216, as last amended by Laws of Utah 2005, Chapter 105
214 63B-4-116, as last amended by Laws of Utah 2005, Chapter 105
215 63B-5-116, as last amended by Laws of Utah 2005, Chapter 105
216 63B-6-116, as last amended by Laws of Utah 2005, Chapter 105
217 63B-6-216, as last amended by Laws of Utah 2005, Chapter 105
218 63B-6-416, as last amended by Laws of Utah 2005, Chapter 105
219 63B-7-116, as last amended by Laws of Utah 2005, Chapter 105
220 63B-7-216, as last amended by Laws of Utah 2005, Chapter 105
221 63B-7-416, as last amended by Laws of Utah 2005, Chapter 105
222 63B-8-116, as last amended by Laws of Utah 2005, Chapter 105
223 63B-8-216, as last amended by Laws of Utah 2005, Chapter 105
224 63B-8-416, as last amended by Laws of Utah 2005, Chapter 105
225 63B-10-116, as last amended by Laws of Utah 2005, Chapter 105
226 63B-11-116, as last amended by Laws of Utah 2005, Chapter 105

227 63B-11-216, as last amended by Laws of Utah 2005, Chapter 105
228 63B-11-316, as last amended by Laws of Utah 2005, Chapter 105
229 63B-11-516, as last amended by Laws of Utah 2005, Chapter 105
230 63C-7-306, as enacted by Laws of Utah 1997, Chapter 136
231 63G-6-401, as renumbered and amended by Laws of Utah 2008, Chapter 382
232 63G-9-303, as renumbered and amended by Laws of Utah 2008, Chapter 382
233 63H-1-403, as enacted by Laws of Utah 2007, Chapter 23
234 63H-1-701, as enacted by Laws of Utah 2007, Chapter 23
235 63H-1-801, as enacted by Laws of Utah 2007, Chapter 23
236 67-4a-402, as last amended by Laws of Utah 2007, Chapter 18
237 67-4a-403, as last amended by Laws of Utah 2007, Chapter 18
238 72-3-108, as last amended by Laws of Utah 2000, Chapter 324
239 72-5-105, as last amended by Laws of Utah 2006, Chapter 101
240 72-6-108, as last amended by Laws of Utah 2008, Chapter 382
241 73-1-4, as last amended by Laws of Utah 2008, Chapters 380 and 382
242 73-1-16, Utah Code Annotated 1953
243 73-3-6, as last amended by Laws of Utah 2003, Chapter 99
244 73-3-12, as last amended by Laws of Utah 2008, Chapters 52 and 311
245 73-3a-107, as last amended by Laws of Utah 2003, Chapter 99
246 73-4-3, as last amended by Laws of Utah 2007, Chapter 136
247 73-4-4, as last amended by Laws of Utah 2007, Chapter 136
248 73-4-9, Utah Code Annotated 1953
249 73-5-14, Utah Code Annotated 1953
250 73-5-15, as last amended by Laws of Utah 2008, Chapters 360 and 382
251 73-6-2, Utah Code Annotated 1953
252 75-1-401, as last amended by Laws of Utah 1977, Chapter 194
253 75-3-801, as last amended by Laws of Utah 1992, Chapter 179
254 75-7-508, as last amended by Laws of Utah 2007, Chapter 64

255 76-8-809, as enacted by Laws of Utah 1973, Chapter 196
256 76-10-530, as last amended by Laws of Utah 2003, Chapter 203
257 77-24a-5, as last amended by Laws of Utah 2005, Chapter 126
258 78A-6-109, as renumbered and amended by Laws of Utah 2008, Chapter 3
259 78B-5-613, as enacted by Laws of Utah 2008, Chapter 3
260 ENACTS:
261 45-1-101, Utah Code Annotated 1953
262 RENUMBERS AND AMENDS:
263 45-1-201, (Renumbered from 45-1-1, Utah Code Annotated 1953)
264 45-1-202, (Renumbered from 45-1-2, as last amended by Laws of Utah 2003, Chapter
265 292)
266 45-1-301, (Renumbered from 45-1-4, as enacted by Laws of Utah 1971, Chapter 108)
267 45-1-302, (Renumbered from 45-1-5, as enacted by Laws of Utah 1971, Chapter 108)
268 45-1-303, (Renumbered from 45-1-6, as enacted by Laws of Utah 1971, Chapter 108)
269 45-1-304, (Renumbered from 45-1-7, as enacted by Laws of Utah 1971, Chapter 108)
270
271 Be it enacted by the Legislature of the state of Utah:
272 Section 1. Section 3-1-7 is amended to read:
273 3-1-7. Amendments to articles of incorporation.
274 (1) An association may amend its articles of incorporation by the affirmative vote of a
275 majority of the members voting at:
276 (a) a regular meeting; or
277 (b) a special meeting called for that purpose.
278 (2) Written notice of the proposed amendment and of the time and place of the
279 meeting shall be provided to the members of the association by any one of the following
280 procedures:
281 (a) by mail at the last-known address at least ten days prior to the meeting;
282 (b) by personal delivery at least ten days prior to the meeting; or

283 (c) by publication not less than ten days or more than 60 days prior to the meeting:
284 (i) in a periodical published by or for the association, to which substantially all of its
285 members are subscribers[,] or;
286 (ii) in a newspaper or newspapers whose combined circulation is general in the
287 territory in which the association operates[.]; and
288 (iii) as required in Section 45-1-101 .
289 (3) In addition to one of the means set forth in Subsection (2), the association may
290 give notice by any method established pursuant to the articles of incorporation or bylaws of
291 the association.
292 (4) The bylaws may require that the notice period be longer than ten days.
293 (5) An amendment affecting the preferential rights of any outstanding preferred stock
294 may not be adopted until the written consent of the holders of a majority of the outstanding
295 preference shares has been obtained.
296 (6) After an amendment has been adopted, articles of amendment shall be:
297 (a) prepared, in duplicate, setting forth the amendment and the fact of the adoption;
298 (b) signed and acknowledged by the president, chair, vice president, or vice chair and
299 by the secretary or treasurer; and
300 (c) filed in the same manner as the original articles of incorporation.
301 Section 2. Section 4-17-7 is amended to read:
302 4-17-7. Notice of noxious weeds to be published annually in county -- Notice to
303 particular property owners to control noxious weeds -- Methods of prevention or control
304 specified -- Failure to control noxious weeds considered public nuisance.
305 (1) Each county weed control board before May 1 of each year shall post a general
306 notice of the noxious weeds within the county in at least three public places within the county
307 and publish the same notice on:
308 (a) at least three occasions in a newspaper or other publication of general circulation
309 within the county[.]; and
310 (b) as required in Section 45-1-101 .

311 (2) If the county weed control board determines that particular property within the
312 county requires prompt and definite attention to prevent or control noxious weeds, it shall
313 serve the owner or the person in possession of the property, personally or by certified mail, a
314 notice specifying when and what action should be taken on the property. Methods of
315 prevention or control may include definite systems of tillage, cropping, use of chemicals, and
316 use of livestock.
317 (3) An owner or person in possession of property who fails to take action to control or
318 prevent the spread of noxious weeds as specified in the notice is maintaining a public
319 nuisance.
320 Section 3. Section 4-30-5 is amended to read:
321 4-30-5. Hearing on license application -- Notice of hearing.
322 (1) Upon the filing of an application, the chairman of the Livestock Market Committee
323 shall set a time for hearing on the application in the city or town nearest the proposed site of
324 the livestock market and cause notice of the time and place of the hearing together with a copy
325 of the application to be forwarded by mail, not less than 15 days before the hearing date, to the
326 following:
327 (a) each licensed livestock market operator within the state; and
328 (b) each livestock or other interested association or group of persons in the state that
329 has filed written notice with the committee requesting receipt of notice of such hearings.
330 (2) Notice of the hearing shall be published 14 days before the scheduled hearing date:
331 (i) in a daily or weekly newspaper of general circulation within the city or town where
332 the hearing is scheduled[.]; and
333 (ii) as required in Section 45-1-101 .
334 Section 4. Section 6-1-5 is amended to read:
335 6-1-5. Notice of assignment.
336 The assignee shall forthwith give notice of such assignment [by publication in some]:
337 (1) (a) by publication once a week for six weeks:
338 (i) in a newspaper published in the county[,]; or[, if none,]

339 (ii) if there is not a newspaper as described in Subsection (1)(a)(i), in a newspaper
340 [having] of general circulation [therein, which notice shall be published at least once a week
341 for six weeks; and shall forthwith send a notice] in the county; and
342 (b) by publication as required in Section 45-1-101 for six weeks; and
343 (2) by mail to each creditor of whom he shall be informed, directed to his usual place
344 of residence, requiring such creditor to present to him within three months thereafter his
345 claims under oath.
346 Section 5. Section 7-1-704 is amended to read:
347 7-1-704. Authorization required to engage in business -- Exemptions --
348 Procedure.
349 (1) (a) An institution subject to the jurisdiction of the department may maintain an
350 office in this state or engage in the activities of a financial institution in this state only if it is
351 authorized to do so by the department.
352 (b) This Subsection (1) does not apply to:
353 (i) any person who is lawfully engaging in the activities of a financial institution in
354 this state on July 1, 1981, unless the institution was not subject to the jurisdiction of the
355 department before that date;
356 (ii) an application to establish a branch or additional office; or
357 (iii) the establishment of a service corporation or service organization.
358 (2) An applicant for authorization to become an institution subject to the jurisdiction
359 of the department shall pay to the department the appropriate filing fee, as provided in Section
360 7-1-401 , and shall file with the commissioner:
361 (a) its undertaking to pay all expenses incurred in conducting any administrative
362 proceedings forming part of the department's consideration of the application;
363 (b) its proposed articles of incorporation and by-laws;
364 (c) an application in a form prescribed by the commissioner that includes all
365 information the commissioner requires about the source of the proposed original capital and
366 about the identity, personal history, business background and experience, financial condition,

367 and participation in any litigation or administrative proceeding of the organizers, the proposed
368 members of the board of directors, and the principal officers; and
369 (d) any other information the commissioner requires.
370 (3) In addition to the requirements of Title 63G, Chapter 4, Administrative Procedures
371 Act, the commissioner shall, at the expense of the applicant:
372 (a) (i) give notice of the application by publication in three successive issues of a
373 newspaper of general circulation in the county where the principal place of business is to be
374 established; and
375 (ii) give notice of the application by publication as required in Section 45-1-101 ; and
376 (b) give notice of the application to other institutions subject to the jurisdiction of the
377 department in a manner and to an extent the commissioner considers appropriate;
378 (c) cause the appropriate supervisor to make a careful investigation and examination
379 of the following:
380 (i) the character, reputation, and financial standing and ability of the organizers;
381 (ii) the character, financial responsibility, experience, and business qualifications of
382 those proposed as officers;
383 (iii) the character and standing in the community of those proposed as directors,
384 principal stockholders, or owners;
385 (iv) the need in the service area where the institution would be located, giving
386 particular consideration to the adequacy of existing financial facilities and the effect the
387 proposed institution would have on existing institutions in the area;
388 (v) the ability of the proposed service area to support the proposed institution,
389 including the extent and nature of existing competition, the economic history and future
390 prospects of the community, and the opportunity for profitable employment of financial
391 institution funds; and
392 (vi) other facts and circumstances bearing on the proposed institution that the
393 supervisor considers relevant.
394 (4) (a) The supervisor shall submit findings and recommendations in writing to the

395 commissioner.
396 (b) The application, any additional information furnished by the applicant, and the
397 findings and recommendations of the supervisor may be inspected by any person at the
398 department's office, except those portions of the application or report the commissioner
399 declares to be confidential, pursuant to the applicant's request, in order to prevent a clearly
400 unwarranted invasion of privacy.
401 (5) (a) If a hearing is held, the applicant shall publish notice of the hearing at the
402 applicant's expense:
403 (i) in a newspaper of general circulation within the county where the proposed
404 institution is to be located at least once a week for three successive weeks before the date of
405 hearing[.]; and
406 (ii) as required in Section 45-1-101 for three weeks before the date of the hearing.
407 (b) The notice shall include the date, time, and place of the hearing and any other
408 information required by the commissioner.
409 (c) The commissioner shall act on the record before him within 30 days after receipt of
410 the transcript of the hearing.
411 (6) If no hearing is held, the commissioner may, within 90 days of acceptance of the
412 application as complete, approve or disapprove the application based on the papers filed with
413 him, together with the supervisor's findings and recommendations.
414 (7) (a) The commissioner may not approve the application unless the commissioner
415 finds that the applicant has established by the preponderance of the evidence that:
416 (i) in light of the need for financial services in the area, the adequacy of existing
417 facilities, and the effect the proposed institution would have on existing institutions in the
418 area, the public need and convenience will be promoted by the establishment of the proposed
419 institution;
420 (ii) in light of the ability of the proposed service area to support the proposed
421 institution, including the extent and nature of existing competition, the economic history and
422 future prospects of the community, and the opportunity for profitable employment of financial

423 institution funds, conditions in the service area in which the proposed institution would
424 transact business afford reasonable promise of a successful operation;
425 (iii) the institution is being formed only for legitimate purposes allowed by the laws of
426 this state;
427 (iv) the proposed capital equals or exceeds the required minimum and is adequate in
428 light of current and prospective conditions;
429 (v) if the applicant is seeking authority to accept deposits, the deposits will be insured
430 or guaranteed by an agency of the federal government;
431 (vi) the proposed officers and directors have sufficient experience, ability, and
432 standing to afford reasonable promise of a successful operation;
433 (vii) the name of the proposed financial institution does not resemble the name of any
434 other institution transacting business in this state so closely as to cause confusion;
435 (viii) the applicants have complied with all of the provisions of law; and
436 (ix) no properly managed and soundly operated existing institutions offering
437 substantially similar services in the service area to which the application relates will be unduly
438 injured by approval of the application.
439 (b) The commissioner may condition approval of the application on the institution's
440 acceptance of requirements or conditions with respect to insurance that the commissioner
441 considers necessary to protect depositors.
442 (8) (a) The commissioner shall provide written findings and conclusions on the
443 application.
444 (b) Upon approving an application, the commissioner shall:
445 (i) endorse the approval on the articles of incorporation;
446 (ii) file one copy with the Division of Corporations and Commercial Code;
447 (iii) retain one file copy; and
448 (iv) return one copy to the applicant within ten days after the date of the
449 commissioner's decision approving the application.
450 (c) Upon disapproving an application, the commissioner shall mail notice of the

451 disapproval to the applicant within ten days.
452 (d) The commissioner may approve an application subject to conditions the
453 commissioner considers appropriate to protect the public interest and carry out the purposes of
454 this title.
455 (e) The commissioner shall give written notice of the decision to all persons who have
456 filed a protest to the application.
457 (9) Upon approval of an application for authorization to conduct a business subject to
458 the jurisdiction of the department, the commissioner shall issue a license, permit, or other
459 appropriate certificate of authority if:
460 (a) except in the case of credit unions, all of the capital of the institution being formed
461 has been paid in; and
462 (b) all the conditions and other requirements for approval of the application have been
463 met.
464 (10) (a) Any approval by the commissioner of an application under this section is
465 considered revoked unless the business is open and operating within one year from the date of
466 the approval.
467 (b) The commissioner, on written application made before the expiration of that
468 period, and for good cause shown, may extend the date for activation for additional periods
469 not to exceed six months each.
470 (11) No person may obtain, for the purpose of resale, a certificate of approval to
471 operate any institution under the jurisdiction of the department.
472 (12) The commissioner may approve an application without any notice to other
473 financial institutions to respond to an emergency arising from the insolvency of an existing
474 institution or to prevent the failure of an existing institution if the commissioner makes the
475 findings required by Subsection (7).
476 Section 6. Section 7-1-706 is amended to read:
477 7-1-706. Application to commissioner to exercise power -- Procedure.
478 (1) Except as provided in Sections 7-1-704 and 7-1-705 , by filing a request for agency

479 action with the commissioner, any person may request the commissioner to:
480 (a) issue any rule or order;
481 (b) exercise any powers granted to the commissioner under this title; or
482 (c) act on any matter that is subject to the approval of the commissioner.
483 (2) Within ten days of receipt of the request, the commissioner shall, at the applicant's
484 expense, cause a supervisor to make a careful investigation of the facts relevant or material to
485 the request.
486 (3) (a) The supervisor shall submit written findings and recommendations to the
487 commissioner.
488 (b) The application, any additional information furnished by the applicant, and the
489 findings and recommendations of the supervisor may be inspected by any person at the office
490 of the commissioner, except those portions of the application or report that the commissioner
491 designates as confidential to prevent a clearly unwarranted invasion of privacy.
492 (4) (a) If a hearing is held concerning the request, the commissioner shall publish
493 notice of the hearing at the applicant's expense:
494 (i) in a newspaper of general circulation within the county where the applicant is
495 located at least once a week for three successive weeks before the date of the hearing[.]; and
496 (ii) as required in Section 45-1-101 for three weeks before the date of the hearing.
497 (b) The notice required by Subsection (4)(a) shall include the information required by
498 the department's rules.
499 (c) The commissioner shall act upon the request within 30 days after the close of the
500 hearing, based on the record before the commissioner.
501 (5) (a) If no hearing is held, the commissioner shall approve or disapprove the request
502 within 90 days of receipt of the request based on:
503 (i) the application;
504 (ii) additional information filed with the commissioner; and
505 (iii) the findings and recommendations of the supervisor.
506 (b) The commissioner shall act on the request by issuing findings of fact, conclusions,

507 and an order, and shall mail a copy of each to:
508 (i) the applicant;
509 (ii) all persons who have filed protests to the granting of the application; and
510 (iii) other persons that the commissioner considers should receive copies.
511 (6) The commissioner may impose any conditions or limitations on the approval or
512 disapproval of a request that the commissioner considers proper to:
513 (a) protect the interest of creditors, depositors, and other customers of an institution;
514 (b) protect its shareholders or members; and
515 (c) carry out the purposes of this title.
516 Section 7. Section 7-1-709 is amended to read:
517 7-1-709. Branches -- Discontinuance of operation.
518 (1) A Utah depository institution or out-of-state depository institution authorized to do
519 business in this state may discontinue operation of a branch upon resolution of its board of
520 directors.
521 (2) Upon adopting the resolution, the institution shall file an application with the
522 commissioner specifying:
523 (a) the location of the branch to be discontinued;
524 (b) the date of the proposed discontinuance;
525 (c) the reasons for closing the branch; and
526 (d) the extent to which the public need and convenience or service to members would
527 still be adequately met.
528 (3) (a) Upon filing its application with the commissioner, the institution shall publish
529 notice of the discontinuance:
530 (i) in a newspaper serving the area once a week for two consecutive weeks[.]; and
531 (ii) as required by Section 45-1-101 for two weeks.
532 (b) The commissioner may approve the application after a reasonable comment period
533 following publication.
534 (4) An out-of-state depository institution with a branch in Utah is not subject to the

535 requirements of this section if the branch to be closed is located outside of Utah.
536 Section 8. Section 7-2-6 is amended to read:
537 7-2-6. Possession by commissioner -- Notice -- Presentation, allowance, and
538 disallowance of claims -- Objections to claims.
539 (1) (a) Possession of an institution by the commissioner commences when notice of
540 taking possession is:
541 (i) posted in each office of the institution located in this state; or
542 (ii) delivered to a controlling person or officer of the institution.
543 (b) All notices, records, and other information regarding possession of an institution
544 by the commissioner may be kept confidential, and all court records and proceedings relating
545 to the commissioner's possession may be sealed from public access if:
546 (i) the commissioner finds it is in the best interests of the institution and its depositors
547 not to notify the public of the possession by the commissioner;
548 (ii) the deposit and withdrawal of funds and payment to creditors of the institution is
549 not suspended, restricted, or interrupted; and
550 (iii) the court approves.
551 (2) (a) (i) Within 15 days after taking possession of an institution or other person
552 under the jurisdiction of the department, the commissioner shall publish a notice to all persons
553 who may have claims against the institution or other person to file proof of their claims with
554 the commissioner before a date specified in the notice.
555 (ii) The filing date shall be at least 90 days after the date of the first publication of the
556 notice.
557 (iii) The notice shall be published:
558 (A) (I) in a newspaper of general circulation in each city or county in which the
559 institution or other person, or any subsidiary or service corporation of the institution,
560 maintains an office[. The notice shall be]; and
561 (II) published again approximately 30 days and 60 days after the date of the first
562 publication[.]; and

563 (B) as required in Section 45-1-101 for 60 days.
564 (b) (i) Within 60 days of taking possession of a depository institution, the
565 commissioner shall send a similar notice to all persons whose identity is reflected in the books
566 or records of the institution as depositors or other creditors, secured or unsecured, parties to
567 litigation involving the institution pending at the date the commissioner takes possession of
568 the institution, and all other potential claimants against the institution whose identity is
569 reasonably ascertainable by the commissioner from examination of the books and records of
570 the institution. No notice is required in connection with accounts or other liabilities of the
571 institution that will be paid in full or be fully assumed by another depository institution or trust
572 company. The notice shall specify a filing date for claims against the institution not less than
573 60 days after the date of mailing. Claimants whose claims against the institution have been
574 assumed by another depository institution or trust company pursuant to a merger or purchase
575 and assumption agreement with the commissioner, or a federal deposit insurance agency
576 appointed as receiver or liquidator of the institution, shall be notified of the assumption of
577 their claims and the name and address of the assuming party within 60 days after the claim is
578 assumed. Unless a purchase and assumption or merger agreement requires otherwise, the
579 assuming party shall give all required notices. Notice shall be mailed to the address appearing
580 in the books and records of the institution.
581 (ii) Inadvertent or unintentional failure to mail a notice to any person entitled to
582 written notice under this paragraph does not impose any liability on the commissioner or any
583 receiver or liquidator appointed by him beyond the amount the claimant would be entitled to
584 receive if the claim had been timely filed and allowed. The commissioner or any receiver or
585 liquidator appointed by him are not liable for failure to mail notice unless the claimant
586 establishes that it had no knowledge of the commissioner taking possession of the institution
587 until after all opportunity had passed for obtaining payment through filing a claim with the
588 commissioner, receiver, or liquidator.
589 (c) Upon good cause shown, the court having supervisory jurisdiction may extend the
590 time in which the commissioner may serve any notice required by this chapter.

591 (d) The commissioner has the sole power to adjudicate any claim against the
592 institution, its property or other assets, tangible or intangible, and to settle or compromise
593 claims within the priorities set forth in Section 7-2-15 . Any action of the commissioner is
594 subject to judicial review as provided in Subsection (9).
595 (e) A receiver or liquidator of the institution appointed by the commissioner has all the
596 duties, powers, authority, and responsibilities of the commissioner under this section. All
597 claims against the institution shall be filed with the receiver or liquidator within the applicable
598 time specified in this section and the receiver or liquidator shall adjudicate the claims as
599 provided in Subsection (2)(d).
600 (f) The procedure established in this section is the sole remedy of claimants against an
601 institution or its assets in the possession of the commissioner.
602 (3) With respect to a claim which appears in the books and records of an institution or
603 other person in the possession of the commissioner as a secured claim, which, for purposes of
604 this section is a claim that constitutes an enforceable, perfected lien, evidenced in writing, on
605 the assets or other property of the institution:
606 (a) The commissioner shall allow or disallow each secured claim filed on or before the
607 filing date within 30 days after receipt of the claim and shall notify each secured claimant by
608 certified mail or in person of the basis for, and any conditions imposed on, the allowance or
609 disallowance.
610 (b) For all allowed secured claims, the commissioner shall be bound by the terms,
611 covenants, and conditions relating to the assets or other property subject to the claim, as set
612 forth in the note, bond, or other security agreement which evidences the secured claim, unless
613 the commissioner has given notice to the claimant of his intent to abandon the assets or other
614 property subject to the secured claim at the time the commissioner gave the notice described in
615 Subsection (3)(a).
616 (c) No petition for lifting the stay provided by Section 7-2-7 may be filed with respect
617 to a secured claim before the claim has been filed and allowed or disallowed by the
618 commissioner in accordance with Subsection (3)(a).

619 (4) With respect to all other claims other than secured claims:
620 (a) Each claim filed on or before the filing date shall be allowed or disallowed within
621 180 days after the final publication of notice.
622 (b) If notice of disallowance is not served upon the claimant by the commissioner
623 within 210 days after the date of final publication of notice, the claim is considered
624 disallowed.
625 (c) The rights of claimants and the amount of a claim shall be determined as of the
626 date the commissioner took possession of the institution under this chapter. Claims based on
627 contractual obligations of the institution in existence on the date of possession may be allowed
628 unless the obligation of the institution is dependent on events occurring after the date of
629 possession, or the amount or worth of the claim cannot be determined before any distribution
630 of assets of the institution is made to claimants having the same priority under Section 7-2-15 .
631 (d) (i) An unliquidated claim against the institution, including claims based on alleged
632 torts for which the institution would have been liable on the date the commissioner took
633 possession of the institution and any claims for a right to an equitable remedy for breach of
634 performance by the institution, may be filed in an estimated amount. The commissioner may
635 disallow or allow the claim in an amount determined by the commissioner, settle the claim in
636 an amount approved by the court, or, in his discretion, refer the claim to the court designated
637 by Section 7-2-2 for determination in accordance with procedures designated by the court. If
638 the institution held on the date of possession by the commissioner a policy of insurance that
639 would apply to the liability asserted by the claimant, the commissioner, or any receiver
640 appointed by him may assign to the claimant all rights of the institution under the insurance
641 policy in full satisfaction of the claim.
642 (ii) If the commissioner finds there are or may be issues of fact or law as to the validity
643 of a claim, liquidated or unliquidated, or its proper allowance or disallowance under the
644 provisions of this chapter, he may appoint a hearing examiner to conduct a hearing and to
645 prepare and submit recommended findings of fact and conclusions of law for final
646 consideration by the commissioner. The hearing shall be conducted as provided in rules or

647 regulations issued by the commissioner. The decision of the commissioner shall be based on
648 the record before the hearing examiner and information the commissioner considers relevant
649 and shall be subject to judicial review as provided in Subsection (9).
650 (e) A claim may be disallowed if it is based on actions or documents intended to
651 deceive the commissioner or any receiver or liquidator appointed by him.
652 (f) The commissioner may defer payment of any claim filed on behalf of a person who
653 was at any time in control of the institution within the meaning of Section 7-1-103 , pending
654 the final determination of all claims of the institution against that person.
655 (g) The commissioner or any receiver appointed by him may disallow a claim that
656 seeks a dollar amount if it is determined by the court having jurisdiction under Section 7-2-2
657 that the commissioner or receiver or conservator will not have any assets with which to pay the
658 claim under the priorities established by Section 7-2-15 .
659 (h) The commissioner may adopt rules to establish such alternative dispute resolution
660 processes as may be appropriate for the resolution of claims filed against an institution under
661 this chapter.
662 (i) In establishing alternative dispute resolution processes, the commissioner shall
663 strive for procedures that are expeditious, fair, independent, and low cost. The commissioner
664 shall seek to develop incentives for claimants to participate in the alternative dispute
665 resolution process.
666 (j) The commissioner may establish both binding and nonbinding processes, which
667 may be conducted by any government or private party, but all parties, including the claimant
668 and the commissioner or any receiver appointed by him, must agree to the use of the process
669 in a particular case.
670 (5) Claims filed after the filing date are disallowed, unless:
671 (a) the claimant who did not file his claim timely demonstrates that he did not have
672 notice or actual knowledge of the proceedings in time to file a timely proof of claim; and
673 (b) proof of the claim was filed prior to the last distribution of assets. For the purpose
674 of this subsection only, late filed claims may be allowed if proof was filed before the final

675 distribution of assets of the institution to claimants of the same priority and are payable only
676 out of the remaining assets of the institution.
677 (c) A late filed claim may be disallowed under any other provision of this section.
678 (6) Debts owing to the United States or to any state or its subdivisions as a penalty or
679 forfeiture are not allowed, except for the amount of the pecuniary loss sustained by the act,
680 transaction, or proceeding out of which the penalty or forfeiture arose.
681 (7) Except as otherwise provided in Subsection 7-2-15 (1)(a), interest accruing on any
682 claim after the commissioner has taken possession of an institution or other person under this
683 chapter may be disallowed.
684 (8) A claim against an institution or its assets based on a contract or agreement may be
685 disallowed unless the agreement: (a) is in writing; (b) is otherwise a valid and enforceable
686 contract; and (c) has continuously, from the time of its execution, been an official record of
687 the institution. The requirements of this Subsection (8) do not apply to claims for goods sold
688 or services rendered to an institution in the ordinary course of business by trade creditors who
689 do not customarily use written agreements or other documents.
690 (9) (a) Objection to any claim allowed or disallowed may be made by any depositor or
691 other claimant by filing a written objection with the commissioner within 30 days after service
692 of the notice of allowance or disallowance. The commissioner shall present the objection to
693 the court for hearing and determination upon written notice to the claimant and to the filing
694 party. The notice shall set forth the time and place of hearing. After the 30-day period, no
695 objection may be filed. This Subsection (9) does not apply to secured claims allowed under
696 Subsection (3).
697 (b) The hearing shall be based on the record before the commissioner and any
698 additional evidence the court allowed to provide the parties due process of law.
699 (c) The court may not reverse or otherwise modify the determination of the
700 commissioner with respect to the claim unless it finds the determination of the commissioner
701 to be arbitrary, capricious, or otherwise contrary to law. The burden of proof is on the party
702 objecting to the determination of the commissioner.

703 (d) An appeal from any final judgment of the court with respect to a claim may be
704 taken as provided by law by the claimant, the commissioner, or any person having standing to
705 object to the allowance or disallowance of the claim.
706 (10) If a claim against the institution has been asserted in any judicial, administrative,
707 or other proceeding pending at the time the commissioner took possession of the institution
708 under this chapter or under Chapter 19, Acquisition of Failing Depository Institutions or
709 Holding Companies, the claimant shall file copies of all documents of record in the pending
710 proceeding with the commissioner within the time for filing claims as provided in Subsection
711 (2). Such a claim shall be allowed or disallowed within 90 days of the receipt of the complete
712 record of the proceedings. No application to lift the stay of a pending proceeding shall be filed
713 until the claim has been allowed or disallowed. The commissioner may petition the court
714 designated by Section 7-2-2 to lift the stay to determine whether the claim should be allowed
715 or disallowed.
716 (11) All claims allowed by the commissioner and not disallowed or otherwise
717 modified by the court under Subsection (9), if not paid within 30 days after allowance, shall be
718 evidenced by a certificate payable only out of the assets of the institution in the possession of
719 the commissioner, subject to the priorities set forth in Section 7-2-15 . This provision does not
720 apply to a secured claim allowed by the commissioner under Subsection (3)(a).
721 Section 9. Section 7-7-10 is amended to read:
722 7-7-10. Meetings of mutual association members -- Voting -- Notice.
723 (1) (a) An annual meeting of the members of each mutual association shall be held at
724 the time and place fixed in the bylaws of the association.
725 (b) Special meetings may be called as provided in the bylaws.
726 (2) (a) The members entitled to vote at any meeting of the members shall be those who
727 are members of record at the end of the calendar month next preceding the date of the meeting
728 of members, except those who have ceased to be members.
729 (b) The number of votes that a member is entitled to cast shall be determined in
730 accordance with the books on the date determinative of entitlement to vote.

731 (3) In the determination of all questions requiring action by the members, each
732 member shall be entitled to cast:
733 (a) one vote; and
734 (b) any additional vote that the member may cast under the bylaws of the association.
735 (4) (a) (i) Subject to Subsection (4)(a)(ii), at any meeting of the members, voting may
736 be:
737 (A) in person; or
738 (B) by proxy.
739 (ii) Notwithstanding Subsection (4)(a)(i), a proxy is not eligible to be voted at any
740 meeting unless the proxy has been filed with the secretary of the association, for verification,
741 at least five days before the date of the meeting.
742 (b) Every proxy shall:
743 (i) be in writing;
744 (ii) be signed by the member or the member's duly authorized attorney in fact; and
745 (iii) continue in force from year to year:
746 (A) when filed with the secretary;
747 (B) if so specified in the proxy; and
748 (C) until:
749 (I) revoked by a writing duly delivered to the secretary; or
750 (II) superseded by subsequent proxies.
751 (5) (a) At an annual meeting or at any special meeting of the members, any number of
752 members present in person or by proxy eligible to be voted constitutes a quorum.
753 (b) A majority of all votes cast at any meeting of members shall determine any
754 question unless this chapter specifically provides otherwise.
755 (6) (a) No notice of annual meetings of members need be given to members.
756 (b) Subject to Subsection (6)(c), notice of each special meeting of members shall:
757 (i) state:
758 (A) the purpose for which the meeting is called;

759 (B) the place of the meeting; and
760 (C) the time when the meeting shall convene; and
761 (ii) (A) be published:
762 (I) once a week for two consecutive calendar weeks (in each instance, on any day of
763 the week) before the date on which the special meeting shall convene[; and (II)], in a
764 newspaper of general circulation in the county in which the home office of the association is
765 located; and
766 (II) as required in Section 45-1-101 for two calendar weeks before the date on which
767 the special meeting shall convene; and
768 (B) be posted in a conspicuous place in all offices of the association during the 30
769 days immediately preceding the date on which the special meeting convenes.
770 (c) No notice need be given of a meeting if all the members entitled to vote, vote in
771 favor of an action at the meeting of the members.
772 Section 10. Section 8-5-6 is amended to read:
773 8-5-6. Alternative council or board procedures for notice -- Termination of
774 rights.
775 (1) As an alternative to the procedures set forth in Sections 8-5-1 through 8-5-4 , a
776 municipal council or cemetery maintenance district board may pass a resolution demanding
777 that the owner of a lot, site, or portion of the cemetery, which has been unused for burial
778 purposes for more than 60 years, file with the county recorder, city recorder, or town clerk
779 notice of any claim to the lot, site, or portion of the cemetery.
780 (2) The municipal council or cemetery maintenance district board shall then cause a
781 copy of the resolution to be personally served on the owner in the same manner as personal
782 service of process in a civil action. The resolution shall notify the owner that the owner shall,
783 within 60 days after service of the resolution on the owner, express interest in maintaining the
784 cemetery lot, site, or portion of the cemetery and submit satisfactory evidence of an intention
785 to use the lot, site, or portion of the cemetery for a burial.
786 (3) If the owner cannot be personally served with the resolution of the municipal

787 council or cemetery maintenance district board as required in Subsection (2), the municipal
788 council or cemetery maintenance district board shall publish its resolution:
789 (a) (i) for three successive weeks in a newspaper of general circulation within the
790 county; and
791 (ii) in accordance with Section 45-1-101 for three weeks; and
792 (b) mail a copy of the resolution within 14 days after the publication to the owner's
793 last known address, if available.
794 (4) If, for 30 days after the last date of service or publication of the municipal council's
795 or cemetery maintenance district board's resolution, the owner or person with a legal interest in
796 the cemetery lot fails to state a valid interest in the use of the cemetery lot, site, or portion of
797 the cemetery for burial purposes, the owner's rights are terminated and that portion of the
798 cemetery shall be vested in the municipality or cemetery maintenance district.
799 Section 11. Section 9-3-409 is amended to read:
800 9-3-409. Actions on validity or enforceability of bonds -- Time for bringing
801 action.
802 (1) In any suit, action, or proceeding involving the validity or enforceability of any
803 bond issued under this chapter or the security for them, any such bond reciting in substance
804 that it has been issued by the authority in connection with the Utah Science Center shall be
805 conclusively [deemed] considered to have been issued for that purpose.
806 (2) (a) After receiving notice described in Subsection (2)(a)(ii), a person may contest:
807 (i) (A) the legality of a resolution;
808 (B) notice of bonds to be issued; or
809 (C) a provision made for the security and payment of the bonds; and
810 [(2) For] (ii) for a period of 30 days after the publication of the resolution authorizing
811 the bonds, or a notice of bonds to be issued by the authority containing those items described
812 in Section 11-14-316 :
813 (A) in a newspaper having general circulation in the area of operation[, any person
814 may contest the legality of the resolution authorizing any bonds, notice of bonds to be issued,

815 or any provisions made for the security and payment of the bonds.]; or
816 (B) as required in Section 45-1-101 .
817 (b) After the 30-day period no one has any cause of action to contest the regularity,
818 formality, or legality of the notice of bonds to be issued or the bonds for any cause whatsoever.
819 Section 12. Section 9-8-805 is amended to read:
820 9-8-805. Collecting institutions -- Perfecting title -- Notice.
821 (1) (a) Any collecting institution wishing to perfect title in any reposited materials held
822 by it shall send, by registered mail, a notice containing the information required by this section
823 to the last-known address of the last-known owner of the property.
824 (b) The collecting institution shall publish a notice containing the information
825 required by this section [at least once per week for two consecutive weeks in a newspaper of
826 general circulation in the county where the collecting institution is located if]:
827 (i) if:
828 [(i)] (A) the owner or the address of the owner of the reposited materials is unknown;
829 [(ii)] (B) the mailed notice is returned to the collecting institution without a
830 forwarding address; or
831 [(iii)] (C) the owner does not claim the reposited materials within 90 days after the
832 notice was mailed[.]; and
833 (ii) (A) by publication at least once per week for two consecutive weeks in a
834 newspaper of general circulation in the county where the collection institution is located; and
835 (B) by publication in accordance with Section 45-1-101 for two weeks.
836 (2) The notices required by this section shall include:
837 (a) the name, if known, and the last-known address, if any, of the last-known owner of
838 the reposited materials;
839 (b) a description of the reposited materials;
840 (c) the name of the collecting institution that has possession of the reposited materials
841 and a person within that institution whom the owner may contact; and
842 (d) a statement that if the reposited materials are not claimed within 90 days from the

843 date that the notice is published [in the newspaper for the second time] in accordance with
844 Subsection (1)(b), the reposited materials are considered to be abandoned and become the
845 property of the collecting institution.
846 (3) If no one has claimed the reposited materials within 90 days after the date that the
847 notice is published [in the newspaper for the second time,] in accordance with Subsection
848 (1)(b), the reposited materials are considered to be abandoned and are the property of the
849 collecting institution.
850 Section 13. Section 10-2-108 is amended to read:
851 10-2-108. Public hearings on feasibility study results -- Notice of hearings.
852 (1) If the results of the feasibility study or supplemental feasibility study meet the
853 requirements of Subsection 10-2-109 (3), the county legislative body shall, at its next regular
854 meeting after receipt of the results of the feasibility study or supplemental feasibility study,
855 schedule at least two public hearings to be held:
856 (a) within the following 60 days;
857 (b) at least seven days apart;
858 (c) in geographically diverse locations within the proposed city; and
859 (d) for the purpose of allowing:
860 (i) the feasibility consultant to present the results of the study; and
861 (ii) the public to become informed about the feasibility study results and to ask
862 questions about those results of the feasibility consultant.
863 (2) (a) (i) The county clerk shall publish notice of the public hearings required under
864 Subsection (1):
865 (A) at least once a week for three successive weeks in a newspaper of general
866 circulation within the proposed city[.]; and
867 (B) in accordance with Section 45-1-101 for three weeks.
868 (ii) The last publication of notice required under Subsection (2)(a)(i)(A) shall be at
869 least three days before the first public hearing required under Subsection (1).
870 (b) (i) If, under Subsection (2)(a)(i)(A), there is no newspaper of general circulation

871 within the proposed city, the county clerk shall post at least one notice of the hearings per
872 1,000 population in conspicuous places within the proposed city that are most likely to give
873 notice of the hearings to the residents of the proposed city.
874 (ii) The clerk shall post the notices under Subsection (2)(b)(i) at least seven days
875 before the first hearing under Subsection (1).
876 (c) The notice under Subsections (2)(a) and (b) shall include the feasibility study
877 summary under Subsection 10-2-106 (3)(b) and shall indicate that a full copy of the study is
878 available for inspection and copying at the office of the county clerk.
879 Section 14. Section 10-2-111 is amended to read:
880 10-2-111. Incorporation election.
881 (1) At the next special election date under Section 20A-1-204 more than 45 days after
882 the county legislative body's receipt of the certified petition or certified modified petition
883 under Subsection 10-2-110 (1)(b)(i), the county legislative body shall hold an election on the
884 proposed incorporation.
885 (2) (a) The county clerk shall publish notice of the election:
886 (i) in a newspaper of general circulation within the area proposed to be incorporated at
887 least once a week for three successive weeks[.]; and
888 (ii) in accordance with Section 45-1-101 for three weeks.
889 (b) The notice required by Subsection (2)(a) shall contain:
890 (i) a statement of the contents of the petition;
891 (ii) a description of the area proposed to be incorporated as a city;
892 (iii) a statement of the date and time of the election and the location of polling places;
893 and
894 (iv) the feasibility study summary under Subsection 10-2-106 (3)(b) and a statement
895 that a full copy of the study is available for inspection and copying at the office of the county
896 clerk.
897 (c) The last publication of notice required under Subsection (2)(a) shall occur at least
898 one day but no more than seven days before the election.

899 (d) (i) [If ] In accordance with Subsection (2)(a)(i), if there is no newspaper of general
900 circulation within the proposed city, the county clerk shall post at least one notice of the
901 election per 1,000 population in conspicuous places within the proposed city that are most
902 likely to give notice of the election to the voters of the proposed city.
903 (ii) The clerk shall post the notices under Subsection (2)(d)(i) at least seven days
904 before the election under Subsection (1).
905 Section 15. Section 10-2-114 is amended to read:
906 10-2-114. Determination of number of council members -- Determination of
907 election districts -- Hearings and notice.
908 (1) If the incorporation proposal passes, the petition sponsors shall, within 25 days of
909 the canvass of the election under Section 10-2-111 :
910 (a) if the voters at the incorporation election choose the council-mayor form of
911 government, determine the number of council members that will constitute the council of the
912 future city;
913 (b) if the voters at the incorporation election vote to elect council members by district,
914 determine the number of council members to be elected by district and draw the boundaries of
915 those districts, which shall be substantially equal in population;
916 (c) determine the initial terms of the mayor and members of the city council so that:
917 (i) the mayor and approximately half the members of the city council are elected to
918 serve an initial term, of no less than one year, that allows their successors to serve a full
919 four-year term that coincides with the schedule established in Subsection 10-3-205 (1); and
920 (ii) the remaining members of the city council are elected to serve an initial term, of no
921 less than one year, that allows their successors to serve a full four-year term that coincides
922 with the schedule established in Subsection 10-3-205 (2); and
923 (d) submit in writing to the county legislative body the results of the sponsors'
924 determinations under Subsections (1)(a), (b), and (c).
925 (2) (a) Before making a determination under Subsection (1)(a), (b), or (c), the petition
926 sponsors shall hold a public hearing within the future city on the applicable issues under

927 Subsections (1)(a), (b), and (c).
928 (b) (i) The petition sponsors shall publish notice of the public hearing under
929 Subsection (2)(a):
930 (A) in a newspaper of general circulation within the future city at least once a week for
931 two successive weeks before the hearing[.]; and
932 (B) in accordance with Section 45-1-101 for two weeks before the hearing.
933 (ii) The last publication of notice under Subsection (2)(b)(i)(A) shall be at least three
934 days before the public hearing under Subsection (2)(a).
935 (c) (i) [If] In accordance with Subsection (2)(b)(i)(A), if there is no newspaper of
936 general circulation within the future city, the petition sponsors shall post at least one notice of
937 the hearing per 1,000 population in conspicuous places within the future city that are most
938 likely to give notice of the hearing to the residents of the future city.
939 (ii) The petition sponsors shall post the notices under Subsection (2)(c)(i) at least
940 seven days before the hearing under Subsection (2)(a).
941 Section 16. Section 10-2-115 is amended to read:
942 10-2-115. Notice of number of commission or council members to be elected and
943 of district boundaries -- Declaration of candidacy for city office.
944 (1) (a) Within 20 days of the county legislative body's receipt of the information under
945 Subsection 10-2-114 (1)(d), the county clerk shall publish [in a newspaper of general
946 circulation within the future city a], in accordance with Subsection (1)(b), notice containing:
947 (i) the number of commission or council members to be elected for the new city;
948 (ii) if some or all of the commission or council members are to be elected by district, a
949 description of the boundaries of those districts as designated by the petition sponsors under
950 Subsection 10-2-114 (1)(b);
951 (iii) information about the deadline for filing a declaration of candidacy for those
952 seeking to become candidates for mayor or city commission or council; and
953 (iv) information about the length of the initial term of each of the city officers, as
954 determined by the petition sponsors under Subsection 10-2-114 (1)(c).

955 (b) The notice under Subsection (1)(a) shall be published:
956 (i) in a newspaper of general circulation within the future city at least once a week for
957 two successive weeks[.]; and
958 (ii) in accordance with Section 45-1-101 for two weeks.
959 (c) (i) [If] In accordance with Subsection (1)(b)(i), if there is no newspaper of general
960 circulation within the future city, the county clerk shall post at least one notice per 1,000
961 population in conspicuous places within the future city that are most likely to give notice to
962 the residents of the future city.
963 (ii) The notice under Subsection (1)(c)(i) shall contain the information required under
964 Subsection (1)(a).
965 (iii) The petition sponsors shall post the notices under Subsection (1)(c)(i) at least
966 seven days before the deadline for filing a declaration of candidacy under Subsection (2).
967 (2) Notwithstanding Subsection 20A-9-203 (2)(a), each person seeking to become a
968 candidate for mayor or city commission or council of a city incorporating under this part shall,
969 within 45 days of the incorporation election under Section 10-2-111 , file a declaration of
970 candidacy with the clerk of the county in which the future city is located.
971 Section 17. Section 10-2-116 is amended to read:
972 10-2-116. Election of officers of new city.
973 (1) For the election of city officers, the county legislative body shall:
974 (a) unless a primary election is prohibited by Subsection 20A-9-404 (2), hold a primary
975 election; and
976 (b) hold a final election.
977 (2) Each election under Subsection (1) shall be:
978 (a) appropriate to the form of government chosen by the voters at the incorporation
979 election;
980 (b) consistent with the voters' decision about whether to elect commission or council
981 members by district and, if applicable, consistent with the boundaries of those districts as
982 determined by the petition sponsors; and

983 (c) consistent with the sponsors' determination of the number of commission or
984 council members to be elected and the length of their initial term.
985 (3) (a) Subject to Subsection (3)(b) and except as provided in Subsection (5), the
986 primary election under Subsection (1)(a) shall be held at the earliest of the next:
987 (i) regular general election under Section 20A-1-201 ;
988 (ii) municipal primary election under Section 20A-9-404 ;
989 (iii) municipal general election under Section 20A-1-202 ; or
990 (iv) special election under Section 20A-1-204 .
991 (b) Notwithstanding Subsection (3)(a), the primary election under Subsection (1)(a)
992 may not be held until 75 days after the incorporation election under Section 10-2-111 .
993 (4) Except as provided in Subsection (5), the final election under Subsection (1)(b)
994 shall be held at the next special election date under Section 20A-1-204 :
995 (a) after the primary election; or
996 (b) if there is no primary election, more than 75 days after the incorporation election
997 under Section 10-2-111 .
998 (5) Notwithstanding Subsections (3) and (4), the county legislative body may hold the
999 primary and final elections required under Subsection (1) on the dates provided for the next
1000 municipal primary election under Section 20A-9-404 and the next municipal general election
1001 under Section 20A-1-202 , respectively, after the incorporation election, if:
1002 (a) with the results under Subsection 10-2-114 (1)(d), the petition sponsors submit to
1003 the county legislative body a written request to that effect; and
1004 (b) the incorporation election under Section 10-2-111 took place in February or May
1005 of an odd-numbered year.
1006 (6) (a) (i) The county clerk shall publish notice of an election under this section:
1007 (A) at least once a week for two successive weeks in a newspaper of general
1008 circulation within the future city[.]; and
1009 (B) in accordance with Section 45-1-101 for two weeks.
1010 (ii) The later notice under Subsection (6)(a)(i) shall be at least one day but no more

1011 than seven days before the election.
1012 (b) (i) [If ] In accordance with Subsection (6)(a)(i)(A), if there is no newspaper of
1013 general circulation within the future city, the county clerk shall post at least one notice of the
1014 election per 1,000 population in conspicuous places within the future city that are most likely
1015 to give notice of the election to the voters.
1016 (ii) The county clerk shall post the notices under Subsection (6)(b)(i) at least seven
1017 days before each election under Subsection (1).
1018 (7) Until the city is incorporated, the county clerk is the election officer for all
1019 purposes in an election of officers of the city approved at an incorporation election.
1020 Section 18. Section 10-2-125 is amended to read:
1021 10-2-125. Incorporation of a town.
1022 (1) As used in this section:
1023 (a) "Assessed value," with respect to agricultural land, means the value at which the
1024 land would be assessed without regard to a valuation for agricultural use under Section
1025 59-2-503 .
1026 (b) "Financial feasibility study" means a study to determine:
1027 (i) the projected revenues for the proposed town during the first three years after
1028 incorporation; and
1029 (ii) the projected costs, including overhead, that the proposed town will incur in
1030 providing governmental services during the first three years after incorporation.
1031 (c) "Municipal service" means a publicly provided service that is not provided on a
1032 countywide basis.
1033 (d) "Nonurban" means having a residential density of less than one unit per acre.
1034 (2) (a) (i) A contiguous area of a county not within a municipality, with a population
1035 of at least 100 but less than 1,000, may incorporate as a town as provided in this section.
1036 (ii) An area within a county of the first class is not contiguous for purposes of
1037 Subsection (2)(a)(i) if:
1038 (A) the area includes a strip of land that connects geographically separate areas; and

1039 (B) the distance between the geographically separate areas is greater than the average
1040 width of the strip of land connecting the geographically separate areas.
1041 (b) The population figure under Subsection (2)(a) shall be determined:
1042 (i) as of the date the incorporation petition is filed; and
1043 (ii) by the Utah Population Estimates Committee within 20 days after the county
1044 clerk's certification under Subsection (6) of a petition filed under Subsection (4).
1045 (3) (a) The process to incorporate an area as a town is initiated by filing a request for a
1046 public hearing with the clerk of the county in which the area is located.
1047 (b) Each request for a public hearing under Subsection (3)(a) shall:
1048 (i) be signed by the owners of at least five separate parcels of private real property,
1049 each owned by a different owner, located within the area proposed to be incorporated; and
1050 (ii) be accompanied by an accurate map or plat depicting the boundary of the
1051 proposed town.
1052 (c) Within ten days after a request for a public hearing is filed under Subsection (3)(a),
1053 the county clerk shall, with the assistance of other county officers from whom the clerk
1054 requests assistance, determine whether the petition complies with the requirements of
1055 Subsection (3)(b).
1056 (d) If the clerk determines that a request under Subsection (3)(a) fails to comply with
1057 the requirements of Subsection (3)(b), the clerk shall reject the request and deliver written
1058 notice of the rejection to the signers of the request.
1059 (e) (i) If the clerk determines that a request under Subsection (3)(a) complies with the
1060 requirements of Subsection (3)(b), the clerk shall:
1061 (A) schedule and arrange for a public hearing to be held:
1062 (I) (Aa) at a public facility located within the boundary of the proposed town; or
1063 (Bb) if there is no public facility within the boundary of the proposed town, at another
1064 nearby public facility or at the county seat; and
1065 (II) within 20 days after the clerk provides the last notice required under Subsection
1066 (3)(e)(i)(B); and

1067 (B) subject to Subsection (3)(e)(ii), give notice of the public hearing on the proposed
1068 incorporation by:
1069 (I) posting notice of the public hearing on the county's Internet website, if the county
1070 has an Internet website; and
1071 (II) (Aa) (Ii) publishing notice of the public hearing at least once a week for two
1072 consecutive weeks in a newspaper of general circulation within the proposed town; [or] and
1073 (IIii) publishing notice of the public hearing in accordance with Section 45-1-101 for
1074 two weeks; or
1075 (Bb) in accordance with Subsection (3)(e)(i)(B)(II)(Aa)(Ii), if there is no newspaper of
1076 general circulation within the proposed town, posting notice of the public hearing in at least
1077 five conspicuous public places within the proposed town.
1078 (ii) The posting of notice required under Subsection (3)(e)(i)(B)(I) and, if applicable,
1079 Subsection (3)(e)(i)(B)(II)(Bb) and the first publishing of notice required under Subsection
1080 (3)(e)(i)(B)(II)(Aa), if applicable, shall occur no later than ten days after the clerk determines
1081 that a request complies with the requirements of Subsection (3)(b).
1082 (iii) Each public hearing under Subsection (3)(e)(i)(A) shall be conducted by the chair
1083 of the county commission or council, or the chair's designee, to:
1084 (A) introduce the concept of the proposed incorporation to the public;
1085 (B) allow the public to review the map or plat of the boundary of the proposed town;
1086 (C) allow the public to ask questions and become informed about the proposed
1087 incorporation; and
1088 (D) allow the public to express their views about the proposed incorporation,
1089 including their views about the boundary of the area proposed to be incorporated.
1090 (4) (a) At any time within three months after the public hearing under Subsection
1091 (3)(e), a petition to incorporate the area as a town may be filed with the clerk of the county in
1092 which the area is located.
1093 (b) Each petition under Subsection (4)(a) shall:
1094 (i) be signed by:

1095 (A) the owners of private real property that:
1096 (I) is located within the area proposed to be incorporated;
1097 (II) covers a majority of the total private land area within the area;
1098 (III) is equal in assessed value to more than 1/2 of the assessed value of all private real
1099 property within the area; and
1100 (IV) consists, in number of parcels, of at least 1/3 of the number of all parcels of
1101 private real property within the area proposed to be incorporated; and
1102 (B) a majority of all registered voters within the area proposed to be incorporated as a
1103 town, according to the official voter registration list maintained by the county on the date the
1104 petition is filed;
1105 (ii) designate as sponsors at least five of the property owners who have signed the
1106 petition, one of whom shall be designated as the contact sponsor, with the mailing address of
1107 each owner signing as a sponsor;
1108 (iii) be accompanied by and circulated with an accurate map or plat, prepared by a
1109 licensed surveyor, showing a legal description of the boundary of the proposed town; and
1110 (iv) substantially comply with and be circulated in the following form:
1111 PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
1112 town)
1113 To the Honorable County Legislative Body of (insert the name of the county in which
1114 the proposed town is located) County, Utah:
1115 We, the undersigned owners of real property and registered voters within the area
1116 described in this petition, respectfully petition the county legislative body for the area
1117 described in this petition to be incorporated as a town. Each of the undersigned affirms that
1118 each has personally signed this petition and is an owner of real property or a registered voter
1119 residing within the described area, and that the current residence address of each is correctly
1120 written after the signer's name. The area proposed to be incorporated as a town is described as
1121 follows: (insert an accurate description of the area proposed to be incorporated).
1122 (c) A petition under this Subsection (4) may not describe an area that includes some or

1123 all of an area proposed for annexation in an annexation petition under Section 10-2-403 that:
1124 (i) was filed before the filing of the petition; and
1125 (ii) is still pending on the date the petition is filed.
1126 (d) A petition may not be filed under this section if the private real property owned by
1127 the petition sponsors, designated under Subsection (4)(b)(ii), cumulatively exceeds 40% of the
1128 total private land area within the area proposed to be incorporated as a town.
1129 (e) A signer of a petition under this Subsection (4) may withdraw or, after withdrawn,
1130 reinstate the signer's signature on the petition:
1131 (i) at any time until the county clerk certifies the petition under Subsection (6); and
1132 (ii) by filing a signed, written withdrawal or reinstatement with the county clerk.
1133 (5) (a) If a petition is filed under Subsection (4)(a) proposing to incorporate as a town
1134 an area located within a county of the first class, the county clerk shall deliver written notice of
1135 the proposed incorporation:
1136 (i) to each owner of private real property owning more than 1% of the assessed value
1137 of all private real property within the area proposed to be incorporated as a town; and
1138 (ii) within seven calendar days after the date on which the petition is filed.
1139 (b) A private real property owner described in Subsection (5)(a)(i) may exclude all or
1140 part of the owner's property from the area proposed to be incorporated as a town by filing a
1141 notice of exclusion:
1142 (i) with the county clerk; and
1143 (ii) within ten calendar days after receiving the clerk's notice under Subsection (5)(a).
1144 (c) The county legislative body shall exclude from the area proposed to be
1145 incorporated as a town the property identified in the notice of exclusion under Subsection
1146 (5)(b) if:
1147 (i) the property:
1148 (A) is nonurban; and
1149 (B) does not and will not require a municipal service; and
1150 (ii) exclusion will not leave an unincorporated island within the proposed town.

1151 (d) If the county legislative body excludes property from the area proposed to be
1152 incorporated as a town, the county legislative body shall send written notice of the exclusion to
1153 the contact sponsor within five days after the exclusion.
1154 (6) Within 20 days after the filing of a petition under Subsection (4), the county clerk
1155 shall:
1156 (a) with the assistance of other county officers from whom the clerk requests
1157 assistance, determine whether the petition complies with the requirements of Subsection (4);
1158 and
1159 (b) (i) if the clerk determines that the petition complies with those requirements:
1160 (A) certify the petition and deliver the certified petition to the county legislative body;
1161 and
1162 (B) mail or deliver written notification of the certification to:
1163 (I) the contact sponsor;
1164 (II) if applicable, the chair of the planning commission of each township in which any
1165 part of the area proposed for incorporation is located; and
1166 (III) the Utah Population Estimates Committee; or
1167 (ii) if the clerk determines that the petition fails to comply with any of those
1168 requirements, reject the petition and notify the contact sponsor in writing of the rejection and
1169 the reasons for the rejection.
1170 (7) (a) (i) A petition that is rejected under Subsection (6)(b)(ii) may be amended to
1171 correct a deficiency for which it was rejected and then refiled with the county clerk.
1172 (ii) A valid signature on a petition filed under Subsection (4)(a) may be used toward
1173 fulfilling the signature requirement of Subsection (4)(b) for the same petition that is amended
1174 under Subsection (7)(a)(i) and then refiled with the county clerk.
1175 (b) If a petition is amended and refiled under Subsection (7)(a)(i) after having been
1176 rejected by the county clerk under Subsection (6)(b)(ii):
1177 (i) the amended petition shall be considered as a newly filed petition; and
1178 (ii) the amended petition's processing priority is determined by the date on which it is

1179 refiled.
1180 (8) (a) (i) The legislative body of a county with which a petition is filed under
1181 Subsection (4) may, at its option and upon the petition being certified under Subsection (6),
1182 commission and pay for a financial feasibility study.
1183 (ii) If the county legislative body chooses to commission a financial feasibility study,
1184 the county legislative body shall:
1185 (A) within 20 days after the incorporation petition is certified, select and engage a
1186 feasibility consultant; and
1187 (B) require the feasibility consultant to complete the financial feasibility study and
1188 submit written results of the study to the county legislative body no later than 30 days after the
1189 feasibility consultant is engaged to conduct the financial feasibility study.
1190 (b) The county legislative body shall approve a petition proposing the incorporation of
1191 a town and hold an election for town officers, as provided in Subsection (9), if:
1192 (i) the county clerk has certified the petition under Subsection (6); and
1193 (ii) (A) (I) the county legislative body has commissioned a financial feasibility study
1194 under Subsection (8)(a); and
1195 (II) the results of the financial feasibility study show that the average annual amount of
1196 revenues described in Subsection (1)(b)(i) does not exceed the average annual amount of costs
1197 described in Subsection (1)(b)(ii) by more than 10%; or
1198 (B) the county legislative body chooses not to commission a financial feasibility study.
1199 (c) (i) If the county legislative body commissions a financial feasibility study under
1200 Subsection (8)(a) and the results of the financial feasibility study show that the average annual
1201 amount of revenues described in Subsection (1)(b)(i) exceeds the average annual amount of
1202 costs described in Subsection (1)(b)(ii) by more than 10%, the county legislative body may:
1203 (A) deny the petition, subject to Subsection (8)(c)(ii), if the results of the financial
1204 feasibility study show that the average annual amount of revenues described in Subsection
1205 (1)(b)(i) exceeds the average annual amount of costs described in Subsection (1)(b)(ii) by 25%
1206 or more;

1207 (B) approve the petition and hold an election for town officers, as provided in
1208 Subsection (9); or
1209 (C) (I) with the consent of the petition sponsors:
1210 (Aa) impose conditions to mitigate the fiscal inequities identified in the financial
1211 feasibility study; or
1212 (Bb) alter the boundaries of the area proposed to be incorporated as a town to
1213 approximate the boundaries necessary to prevent the average annual amount of revenues
1214 described in Subsection (1)(b)(i) from exceeding the average annual amount of costs described
1215 in Subsection (1)(b)(ii); and
1216 (II) approve the incorporation petition and hold an election for town officers, as
1217 provided in Subsection (9).
1218 (ii) A county legislative body intending to deny a petition under Subsection
1219 (8)(c)(i)(A) shall deny the petition within 20 days after the feasibility consultant submits the
1220 written results of the financial feasibility study.
1221 (d) Each town that incorporates pursuant to a petition approved after the county
1222 legislative body imposes conditions under Subsection (8)(c)(i)(C)(I) shall comply with those
1223 conditions.
1224 (9) (a) The legislative body of the county in which the proposed new town is located
1225 shall hold the election for town officers provided for in Subsection (8) within:
1226 (i) 45 days after the petition is certified, for an election under Subsection (8)(b)(ii)(B);
1227 (ii) 45 days after the feasibility consultant submits the written results of the financial
1228 feasibility study, for an election under Subsection (8)(b)(ii)(A) or (8)(c)(i)(B); or
1229 (iii) 60 days after the feasibility consultant submits the written results of the financial
1230 feasibility study, for an election under Subsection (8)(c)(i)(C).
1231 (b) The officers elected at an election under Subsection (9)(a) shall take office:
1232 (i) at noon on the first Monday in January next following the election, if the election is
1233 held on a regular general or municipal general election date; or
1234 (ii) at noon on the first day of the month next following the effective date of the

1235 incorporation under Subsection (12), if the election of officers is held on any other date.
1236 (10) Each newly incorporated town shall operate under the five-member council form
1237 of government as defined in Section 10-3b-102 .
1238 (11) (a) Within seven days after the canvass of the election of town officers under
1239 Subsection (9), the mayor-elect of the new town shall file at least three copies of the articles of
1240 incorporation of the new town with the lieutenant governor.
1241 (b) The articles of incorporation shall meet the requirements of Subsection
1242 10-2-119 (2).
1243 (12) A new town is incorporated:
1244 (a) on December 31 of the year in which the lieutenant governor issues a certificate of
1245 entity creation for the town under Section 67-1a-6.5 , if the election of town officers under
1246 Subsection (9) is held on a regular general or municipal general election date; or
1247 (b) on the last day of the month during which the lieutenant governor issues a
1248 certificate of entity creation for the town under Section 67-1a-6.5 , if the election of town
1249 officers under Subsection (9) is held on any other date.
1250 (13) For each petition filed before March 5, 2008:
1251 (a) the petition is subject to and governed by the law in effect at the time the petition
1252 was filed; and
1253 (b) the law in effect at the time the petition was filed governs in all administrative and
1254 judicial proceedings relating to the petition.
1255 Section 19. Section 10-2-406 is amended to read:
1256 10-2-406. Notice of certification -- Publishing and providing notice of petition.
1257 (1) After receipt of the notice of certification from the city recorder or town clerk
1258 under Subsection 10-2-405 (2)(c)(i), the municipal legislative body shall:
1259 (a) (i) publish a notice:
1260 (A) at least once a week for three successive weeks, beginning no later than ten days
1261 after receipt of the notice of certification, in a newspaper of general circulation within:
1262 [(A)] (I) the area proposed for annexation; and

1263 [(B)] (II) the unincorporated area within 1/2 mile of the area proposed for annexation;
1264 [or] and
1265 (B) in accordance with Section 45-1-101 , for three weeks, beginning no later than ten
1266 days after receipt of the notice of certification; and
1267 (ii) in accordance with Subsection (1)(a)(i)(A), if there is no newspaper of general
1268 circulation within those areas, post written notices in conspicuous places within those areas
1269 that are most likely to give notice to residents within those areas; and
1270 (b) within 20 days of receipt of the notice of certification under Subsection
1271 10-2-405 (2)(c)(i), mail written notice to each affected entity.
1272 (2) (a) The notice under Subsections (1)(a) and (b) shall:
1273 (i) state that a petition has been filed with the municipality proposing the annexation
1274 of an area to the municipality;
1275 (ii) state the date of the municipal legislative body's receipt of the notice of
1276 certification under Subsection 10-2-405 (2)(c)(i);
1277 (iii) describe the area proposed for annexation in the annexation petition;
1278 (iv) state that the complete annexation petition is available for inspection and copying
1279 at the office of the city recorder or town clerk;
1280 (v) state in conspicuous and plain terms that the municipality may grant the petition
1281 and annex the area described in the petition unless, within the time required under Subsection
1282 10-2-407 (2)(a)(i)(A), a written protest to the annexation petition is filed with the commission
1283 and a copy of the protest delivered to the city recorder or town clerk of the proposed annexing
1284 municipality;
1285 (vi) state the address of the commission or, if a commission has not yet been created in
1286 the county, the county clerk, where a protest to the annexation petition may be filed;
1287 (vii) state that the area proposed for annexation to the municipality will also
1288 automatically be annexed to a local district providing fire protection, paramedic, and
1289 emergency services, as provided in Section 17B-1-416 , if:
1290 (A) the proposed annexing municipality is entirely within the boundaries of a local

1291 district:
1292 (I) that provides fire protection, paramedic, and emergency services; and
1293 (II) in the creation of which an election was not required because of Subsection
1294 17B-1-214 (3)(c); and
1295 (B) the area proposed to be annexed to the municipality is not already within the
1296 boundaries of the local district; and
1297 (viii) state that the area proposed for annexation to the municipality will be
1298 automatically withdrawn from a local district providing fire protection, paramedic, and
1299 emergency services, as provided in Subsection 17B-1-502 (2), if:
1300 (A) the petition proposes the annexation of an area that is within the boundaries of a
1301 local district:
1302 (I) that provides fire protection, paramedic, and emergency services; and
1303 (II) in the creation of which an election was not required because of Subsection
1304 17B-1-214 (3)(c); and
1305 (B) the proposed annexing municipality is not within the boundaries of the local
1306 district.
1307 (b) The statement required by Subsection (2)(a)(v) shall state the deadline for filing a
1308 written protest in terms of the actual date rather than by reference to the statutory citation.
1309 (c) In addition to the requirements under Subsection (2)(a), a notice under Subsection
1310 (1)(a) for a proposed annexation of an area within a county of the first class shall include a
1311 statement that a protest to the annexation petition may be filed with the commission by
1312 property owners if it contains the signatures of the owners of private real property that:
1313 (i) is located in the unincorporated area within 1/2 mile of the area proposed for
1314 annexation;
1315 (ii) covers at least 25% of the private land area located in the unincorporated area
1316 within 1/2 mile of the area proposed for annexation; and
1317 (iii) is equal in value to at least 15% of all real property located in the unincorporated
1318 area within 1/2 mile of the area proposed for annexation.

1319 Section 20. Section 10-2-407 is amended to read:
1320 10-2-407. Protest to annexation petition -- Township planning commission
1321 recommendation -- Petition requirements -- Disposition of petition if no protest filed.
1322 (1) (a) A protest to an annexation petition under Section 10-2-403 may be filed by:
1323 (i) the legislative body or governing board of an affected entity; or
1324 (ii) for a proposed annexation of an area within a county of the first class, the owners
1325 of private real property that:
1326 (A) is located in the unincorporated area within 1/2 mile of the area proposed for
1327 annexation;
1328 (B) covers at least 25% of the private land area located in the unincorporated area
1329 within 1/2 mile of the area proposed for annexation; and
1330 (C) is equal in value to at least 15% of all real property located in the unincorporated
1331 area within 1/2 mile of the area proposed for annexation.
1332 (b) (i) A planning commission of a township located in a county of the first class may
1333 recommend to the legislative body of the county in which the township is located that the
1334 county legislative body file a protest against a proposed annexation under this part of an area
1335 located within the township.
1336 (ii) (A) The township planning commission shall communicate each recommendation
1337 under Subsection (1)(b)(i) in writing to the county legislative body within 30 days of the city
1338 recorder or town clerk's certification of the annexation petition under Subsection 10-2-405 (2)
1339 (c)(i).
1340 (B) At the time the recommendation is communicated to the county legislative body
1341 under Subsection (1)(b)(ii)(A), the township planning commission shall mail or deliver a copy
1342 of the recommendation to the legislative body of the proposed annexing municipality and to
1343 the contact sponsor.
1344 (2) (a) Each protest under Subsection (1)(a) shall:
1345 (i) be filed:
1346 (A) no later than 30 days after the municipal legislative body's receipt of the notice of

1347 certification under Subsection 10-2-405 (2)(c)(i); and
1348 (B) (I) in a county that has already created a commission under Section 10-2-409 , with
1349 the commission; or
1350 (II) in a county that has not yet created a commission under Section 10-2-409 , with the
1351 clerk of the county in which the area proposed for annexation is located; and
1352 (ii) state each reason for the protest of the annexation petition and, if the area proposed
1353 to be annexed is located in a specified county, justification for the protest under the standards
1354 established in this chapter;
1355 (iii) if the area proposed to be annexed is located in a specified county, contain other
1356 information that the commission by rule requires or that the party filing the protest considers
1357 pertinent; and
1358 (iv) the name and address of a contact person who is to receive notices sent by the
1359 commission with respect to the protest proceedings.
1360 (b) The party filing a protest under this section shall on the same date deliver or mail a
1361 copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
1362 (c) Each clerk who receives a protest under Subsection (2)(a)(i)(B)(II) shall
1363 immediately notify the county legislative body of the protest and shall deliver the protest to the
1364 boundary commission within five days of its creation under Subsection 10-2-409 (1)(b).
1365 (d) Each protest of a proposed annexation of an area located in a county of the first
1366 class under Subsection (1)(a)(ii) shall, in addition to the requirements of Subsections (2)(a)
1367 and (b):
1368 (i) indicate the typed or printed name and current residence address of each owner
1369 signing the protest; and
1370 (ii) designate one of the signers of the protest as the contact person and state the
1371 mailing address of the contact person.
1372 (3) (a) (i) If a protest is filed under this section:
1373 (A) the municipal legislative body may, at its next regular meeting after expiration of
1374 the deadline under Subsection (2)(a)(i)(A) and, for a proposed annexation of an area located in

1375 a county of the first class, except as provided in Subsection (3)(a)(iii), deny the annexation
1376 petition; or
1377 (B) if the municipal legislative body does not deny the annexation petition under
1378 Subsection (3)(a)(i)(A), the municipal legislative body may take no further action on the
1379 annexation petition until after receipt of the commission's notice of its decision on the protest
1380 under Section 10-2-416 .
1381 (ii) If a municipal legislative body denies an annexation petition under Subsection
1382 (3)(a)(i)(A), the municipal legislative body shall, within five days of the denial, send notice of
1383 the denial in writing to:
1384 (A) the contact sponsor of the annexation petition;
1385 (B) the commission;
1386 (C) each entity that filed a protest; and
1387 (D) if a protest was filed under Subsection (1)(a)(ii) for a proposed annexation of an
1388 area located in a county of the first class, the contact person.
1389 (iii) A municipal legislative body may not deny an annexation petition proposing to
1390 annex an area located in a county of the first class if:
1391 (A) the petition contains the signatures of the owners of private real property that:
1392 (I) is located within the area proposed for annexation;
1393 (II) covers a majority of the private land area within the area proposed for annexation;
1394 and
1395 (III) is equal in value to at least 1/2 of the value of all private real property within the
1396 area proposed for annexation;
1397 (B) the population in the area proposed for annexation does not exceed 10% of the
1398 population of the proposed annexing municipality;
1399 (C) the property tax rate for municipal services in the area proposed to be annexed is
1400 higher than the property tax rate of the proposed annexing municipality; and
1401 (D) all annexations by the proposed annexing municipality during the year that the
1402 petition was filed have not increased the municipality's population by more than 20%.

1403 (b) (i) If no timely protest is filed under this section, the municipal legislative body
1404 may, subject to Subsection (3)(b)(ii), grant the petition and, by ordinance, annex the area that
1405 is the subject of the annexation petition.
1406 (ii) Before granting an annexation petition under Subsection (3)(b)(i), the municipal
1407 legislative body shall:
1408 (A) hold a public hearing; and
1409 (B) at least seven days before the public hearing under Subsection (3)(b)(ii)(A):
1410 (I) (Aa) publish notice of the hearing in a newspaper of general circulation within the
1411 municipality and the area proposed for annexation; or
1412 [(II)] (Bb) if there is no newspaper of general circulation in those areas, post written
1413 notices of the hearing in conspicuous places within those areas that are most likely to give
1414 notice to residents within those areas[.]; and
1415 (II) publish notice of the hearing in accordance with Section 45-1-101 .
1416 Section 21. Section 10-2-415 is amended to read:
1417 10-2-415. Public hearing -- Notice.
1418 (1) (a) (i) If the results of the feasibility study or supplemental feasibility study meet
1419 the requirements of Subsection 10-2-416 (3) with respect to a proposed annexation of an area
1420 located in a county of the first class, the commission shall hold a public hearing within 30
1421 days of receipt of the feasibility study or supplemental feasibility study results.
1422 (ii) At the hearing under Subsection (1)(a)(i), the commission shall:
1423 (A) require the feasibility consultant to present the results of the feasibility study and,
1424 if applicable, the supplemental feasibility study;
1425 (B) allow those present to ask questions of the feasibility consultant regarding the
1426 study results; and
1427 (C) allow those present to speak to the issue of annexation.
1428 (iii) (A) The commission shall:
1429 (I) publish notice of each hearing under Subsection (1)(a)(i):
1430 (Aa) at least once a week for two successive weeks in a newspaper of general

1431 circulation within the area proposed for annexation, the surrounding 1/2 mile of
1432 unincorporated area, and the proposed annexing municipality; and
1433 (Bb) in accordance with Section 45-1-101 for two weeks; and
1434 (II) send written notice of the hearing to the municipal legislative body of the proposed
1435 annexing municipality, the contact sponsor on the annexation petition, each entity that filed a
1436 protest, and, if a protest was filed under Subsection 10-2-407 (1)(a)(ii), the contact person.
1437 (B) [If] In accordance with Subsection (1)(a)(iii)(A)(I)(Aa), if there is no newspaper of
1438 general circulation within the areas described in Subsection (1)(a)(iii)(A)(I)(Aa), the
1439 commission shall give the notice required under that subsection by posting notices, at least
1440 seven days before the hearing, in conspicuous places within those areas that are most likely to
1441 give notice of the hearing to the residents of those areas.
1442 (C) The [notices] notice under Subsections (1)(a)(iii)(A) and (B) shall include the
1443 feasibility study summary under Subsection 10-2-413 (2)(b) and shall indicate that a full copy
1444 of the study is available for inspection and copying at the office of the commission.
1445 (b) (i) Within 30 days after the time under Subsection 10-2-407 (2) for filing a protest
1446 has expired with respect to a proposed annexation of an area located in a specified county, the
1447 boundary commission shall hold a hearing on all protests that were filed with respect to the
1448 proposed annexation.
1449 (ii) (A) At least 14 days before the date of each hearing under Subsection (1)(b)(i), the
1450 commission chair shall cause notice of the hearing to be published in a newspaper of general
1451 circulation within the area proposed for annexation.
1452 (B) Each notice under Subsection (1)(b)(ii)(A) shall:
1453 (I) state the date, time, and place of the hearing;
1454 (II) briefly summarize the nature of the protest; and
1455 (III) state that a copy of the protest is on file at the commission's office.
1456 (iii) The commission may continue a hearing under Subsection (1)(b)(i) from time to
1457 time, but no continued hearing may be held later than 60 days after the original hearing date.
1458 (iv) In considering protests, the commission shall consider whether the proposed

1459 annexation:
1460 (A) complies with the requirements of Sections 10-2-402 and 10-2-403 and the
1461 annexation policy plan of the proposed annexing municipality;
1462 (B) conflicts with the annexation policy plan of another municipality; and
1463 (C) if the proposed annexation includes urban development, will have an adverse tax
1464 consequence on the remaining unincorporated area of the county.
1465 (2) (a) The commission shall record each hearing under this section by electronic
1466 means.
1467 (b) A transcription of the recording under Subsection (2)(a), the feasibility study, if
1468 applicable, information received at the hearing, and the written decision of the commission
1469 shall constitute the record of the hearing.
1470 Section 22. Section 10-2-418 is amended to read:
1471 10-2-418. Annexation of an island or peninsula without a petition -- Notice --
1472 Hearing.
1473 (1) (a) Notwithstanding Subsection 10-2-402 (2), a municipality may annex an
1474 unincorporated area under this section without an annexation petition if:
1475 (i) (A) the area to be annexed consists of one or more unincorporated islands within or
1476 unincorporated peninsulas contiguous to the municipality;
1477 (B) the majority of each island or peninsula consists of residential or commercial
1478 development;
1479 (C) the area proposed for annexation requires the delivery of municipal-type services;
1480 and
1481 (D) the municipality has provided most or all of the municipal-type services to the
1482 area for more than one year; or
1483 (ii) (A) the area to be annexed consists of one or more unincorporated islands within
1484 or unincorporated peninsulas contiguous to the municipality, each of which has fewer than
1485 800 residents; and
1486 (B) the municipality has provided one or more municipal-type services to the area for

1487 at least one year.
1488 (b) Notwithstanding Subsection 10-2-402 (1)(b)(iii), a municipality may annex a
1489 portion of an island or peninsula under this section, leaving unincorporated the remainder of
1490 the unincorporated island or peninsula, if:
1491 (i) in adopting the resolution under Subsection (2)(a)(i), the municipal legislative body
1492 determines that not annexing the entire unincorporated island or peninsula is in the
1493 municipality's best interest; and
1494 (ii) for an annexation of one or more unincorporated islands under Subsection
1495 (1)(a)(ii), the entire island of unincorporated area, of which a portion is being annexed,
1496 complies with the requirement of Subsection (1)(a)(ii)(A) relating to the number of residents.
1497 (2) (a) The legislative body of each municipality intending to annex an area under this
1498 section shall:
1499 (i) adopt a resolution indicating the municipal legislative body's intent to annex the
1500 area, describing the area proposed to be annexed;
1501 (ii) [(A)] publish notice:
1502 (A) (I) at least once a week for three successive weeks in a newspaper of general
1503 circulation within the municipality and the area proposed for annexation; or
1504 [(B)] (II) if there is no newspaper of general circulation in the areas described in
1505 Subsection (2)(a)(ii)(A), post at least one notice per 1,000 population in places within those
1506 areas that are most likely to give notice to the residents of those areas; and
1507 (B) in accordance with Section 45-1-101 for three weeks;
1508 (iii) send written notice to the board of each local district and special service district
1509 whose boundaries contain some or all of the area proposed for annexation and to the
1510 legislative body of the county in which the area proposed for annexation is located; and
1511 (iv) hold a public hearing on the proposed annexation no earlier than 30 days after the
1512 adoption of the resolution under Subsection (2)(a)(i).
1513 (b) Each notice under Subsections (2)(a)(ii) and (iii) shall:
1514 (i) state that the municipal legislative body has adopted a resolution indicating its

1515 intent to annex the area proposed for annexation;
1516 (ii) state the date, time, and place of the public hearing under Subsection (2)(a)(iv);
1517 (iii) describe the area proposed for annexation; and
1518 (iv) except for an annexation that meets the property owner consent requirements of
1519 Subsection (3)(b), state in conspicuous and plain terms that the municipal legislative body will
1520 annex the area unless, at or before the public hearing under Subsection (2)(a)(iv), written
1521 protests to the annexation are filed by the owners of private real property that:
1522 (A) is located within the area proposed for annexation;
1523 (B) covers a majority of the total private land area within the entire area proposed for
1524 annexation; and
1525 (C) is equal in value to at least 1/2 the value of all private real property within the
1526 entire area proposed for annexation.
1527 (c) The first publication of the notice required under Subsection (2)(a)(ii)(A) shall be
1528 within 14 days of the municipal legislative body's adoption of a resolution under Subsection
1529 (2)(a)(i).
1530 (3) (a) Upon conclusion of the public hearing under Subsection (2)(a)(iv), the
1531 municipal legislative body may adopt an ordinance annexing the area proposed for annexation
1532 under this section unless, at or before the hearing, written protests to the annexation have been
1533 filed with the city recorder or town clerk, as the case may be, by the owners of private real
1534 property that:
1535 (i) is located within the area proposed for annexation;
1536 (ii) covers a majority of the total private land area within the entire area proposed for
1537 annexation; and
1538 (iii) is equal in value to at least 1/2 the value of all private real property within the
1539 entire area proposed for annexation.
1540 (b) (i) Upon conclusion of the public hearing under Subsection (2)(a