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S.B. 208
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8 LONG TITLE
9 General Description:
10 This bill amends provisions of the Utah Public Notice Website.
11 Highlighted Provisions:
12 This bill:
13 . amends provisions of the Utah Public Notice Website to include posting legal
14 notices; and
15 . makes technical corrections.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 3-1-7, as last amended by Laws of Utah 1994, Chapter 204
23 4-17-7, as last amended by Laws of Utah 1985, Chapter 18
24 4-30-5, as enacted by Laws of Utah 1979, Chapter 2
25 6-1-5, Utah Code Annotated 1953
26 7-1-704, as last amended by Laws of Utah 2008, Chapter 382
27 7-1-706, as last amended by Laws of Utah 1997, Chapter 91
28 7-1-709, as last amended by Laws of Utah 1995, Chapter 49
29 7-2-6, as last amended by Laws of Utah 1994, Chapter 200
30 7-7-10, as last amended by Laws of Utah 2003, Chapter 327
31 8-5-6, as last amended by Laws of Utah 2002, Chapter 123
32 9-3-409, as last amended by Laws of Utah 2005, Chapter 105
33 9-8-805, as renumbered and amended by Laws of Utah 1992, Chapter 241
34 10-2-108, as repealed and reenacted by Laws of Utah 1997, Chapter 389
35 10-2-111, as repealed and reenacted by Laws of Utah 1997, Chapter 389
36 10-2-114, as last amended by Laws of Utah 2008, Chapter 19
37 10-2-115, as last amended by Laws of Utah 2000, Chapter 1
38 10-2-116, as enacted by Laws of Utah 1997, Chapter 389
39 10-2-125, as last amended by Laws of Utah 2008, Chapters 16 and 19
40 10-2-406, as last amended by Laws of Utah 2007, Chapter 329
41 10-2-407, as last amended by Laws of Utah 2003, Chapter 211
42 10-2-415, as last amended by Laws of Utah 2001, Chapter 206
43 10-2-418, as last amended by Laws of Utah 2007, Chapters 329 and 378
44 10-2-419, as last amended by Laws of Utah 2007, Chapter 329
45 10-2-501, as last amended by Laws of Utah 2003, Chapter 279
46 10-2-502.5, as renumbered and amended by Laws of Utah 2003, Chapter 279
47 10-2-607, as last amended by Laws of Utah 1993, Chapter 227
48 10-2-703, as enacted by Laws of Utah 1977, Chapter 48
49 10-2-708, as enacted by Laws of Utah 1977, Chapter 48
50 10-3-818, as last amended by Laws of Utah 2008, Chapter 250
51 10-5-108, as last amended by Laws of Utah 2001, Chapter 178
52 10-6-113, as enacted by Laws of Utah 1979, Chapter 26
53 10-6-152, as last amended by Laws of Utah 1993, Chapter 4
54 10-7-16, as last amended by Laws of Utah 2002, Chapter 90
55 10-7-19, Utah Code Annotated 1953
56 10-8-2, as last amended by Laws of Utah 2008, Chapters 3 and 382
57 10-9a-204, as enacted by Laws of Utah 2005, Chapter 254
58 10-9a-205, as enacted by Laws of Utah 2005, Chapter 254
59 10-9a-208, as last amended by Laws of Utah 2006, Chapter 240
60 10-18-203, as enacted by Laws of Utah 2001, Chapter 83
61 10-18-302, as last amended by Laws of Utah 2008, Chapter 382
62 10-18-303, as enacted by Laws of Utah 2001, Chapter 83
63 11-13-219, as last amended by Laws of Utah 2005, Chapter 105
64 11-14-202, as last amended by Laws of Utah 2006, Chapter 83
65 11-14-315, as last amended by Laws of Utah 2006, Chapter 83
66 11-14-316, as last amended by Laws of Utah 2006, Chapter 83
67 11-14-318, as enacted by Laws of Utah 2008, Chapter 21
68 11-14a-1, as last amended by Laws of Utah 2007, Chapter 329
69 11-17-16, as last amended by Laws of Utah 1988, Third Special Session, Chapter 1
70 11-27-4, as enacted by Laws of Utah 1981, Chapter 43
71 11-27-5, as enacted by Laws of Utah 1981, Chapter 43
72 11-30-5, as last amended by Laws of Utah 1997, Chapter 84
73 11-32-10, as enacted by Laws of Utah 1987, Chapter 143
74 11-32-11, as enacted by Laws of Utah 1987, Chapter 143
75 11-39-103, as last amended by Laws of Utah 2007, Chapter 329
76 11-42-202, as enacted by Laws of Utah 2007, Chapter 329
77 11-42-301, as enacted by Laws of Utah 2007, Chapter 329
78 11-42-402, as enacted by Laws of Utah 2007, Chapter 329
79 11-42-404, as enacted by Laws of Utah 2007, Chapter 329
80 11-42-604, as enacted by Laws of Utah 2007, Chapter 329
81 13-31-302, as enacted by Laws of Utah 1998, Chapter 349
82 13-44-202, as enacted by Laws of Utah 2006, Chapter 343
83 16-4-206, as enacted by Laws of Utah 2007, Chapter 367
84 16-4-303, as enacted by Laws of Utah 2007, Chapter 367
85 16-4-312, as enacted by Laws of Utah 2007, Chapter 367
86 16-6a-103, as enacted by Laws of Utah 2000, Chapter 300
87 16-6a-704, as enacted by Laws of Utah 2000, Chapter 300
88 16-6a-814, as last amended by Laws of Utah 2006, Chapter 228
89 16-6a-1407, as last amended by Laws of Utah 2008, Chapter 364
90 16-10a-103, as last amended by Laws of Utah 2008, Chapter 364
91 16-10a-1407, as last amended by Laws of Utah 2008, Chapter 364
92 16-16-1209, as enacted by Laws of Utah 2008, Chapter 363
93 17-16-3, as last amended by Laws of Utah 2006, Chapter 3
94 17-27a-204, as enacted by Laws of Utah 2005, Chapter 254
95 17-27a-205, as enacted by Laws of Utah 2005, Chapter 254
96 17-27a-208, as last amended by Laws of Utah 2006, Chapter 240
97 17-27a-306, as last amended by Laws of Utah 2008, Chapter 250
98 17-27a-404, as renumbered and amended by Laws of Utah 2005, Chapter 254
99 17-30-6, as last amended by Laws of Utah 1993, Chapter 234
100 17-36-12, as last amended by Laws of Utah 1979, Chapter 62
101 17-36-25, as enacted by Laws of Utah 1975, Chapter 22
102 17-36-26, as enacted by Laws of Utah 1975, Chapter 22
103 17-36-40, as enacted by Laws of Utah 1983, Chapter 73
104 17-41-302, as last amended by Laws of Utah 2006, Chapter 194
105 17-41-304, as last amended by Laws of Utah 2006, Chapter 194
106 17-41-405, as last amended by Laws of Utah 2006, Chapter 194
107 17-52-101, as last amended by Laws of Utah 2001, Chapter 241
108 17-53-208, as last amended by Laws of Utah 2006, Chapter 192
109 17A-3-914, as last amended by Laws of Utah 1991, Chapter 5
110 17A-3-915, as renumbered and amended by Laws of Utah 1990, Chapter 186
111 17B-1-211, as renumbered and amended by Laws of Utah 2007, Chapter 329
112 17B-1-304, as renumbered and amended by Laws of Utah 2007, Chapter 329
113 17B-1-306, as last amended by Laws of Utah 2008, Chapters 54, 182, and 360
114 17B-1-313, as enacted by Laws of Utah 2007, Chapter 329
115 17B-1-413, as renumbered and amended by Laws of Utah 2007, Chapter 329
116 17B-1-417, as renumbered and amended by Laws of Utah 2007, Chapter 329
117 17B-1-512, as renumbered and amended by Laws of Utah 2007, Chapter 329
118 17B-1-609, as renumbered and amended by Laws of Utah 2007, Chapter 329
119 17B-1-643, as last amended by Laws of Utah 2008, Chapter 360
120 17B-1-1204, as enacted by Laws of Utah 2007, Chapter 329
121 17B-1-1307, as renumbered and amended by Laws of Utah 2007, Chapter 329
122 17C-1-601, as renumbered and amended by Laws of Utah 2006, Chapter 359
123 17C-2-108, as renumbered and amended by Laws of Utah 2006, Chapter 359
124 17C-2-403, as renumbered and amended by Laws of Utah 2006, Chapter 359
125 17C-3-107, as enacted by Laws of Utah 2006, Chapter 359
126 17C-3-303, as enacted by Laws of Utah 2006, Chapter 359
127 17C-4-106, as enacted by Laws of Utah 2006, Chapter 359
128 17C-4-202, as last amended by Laws of Utah 2007, Chapter 364
129 17C-4-302, as enacted by Laws of Utah 2006, Chapter 359
130 17D-1-205, as enacted by Laws of Utah 2008, Chapter 360
131 17D-2-601, as enacted by Laws of Utah 2008, Chapter 360
132 17D-3-305, as enacted by Laws of Utah 2008, Chapter 360
133 19-2-109, as renumbered and amended by Laws of Utah 1991, Chapter 112
134 19-5-110, as renumbered and amended by Laws of Utah 1991, Chapter 112
135 19-6-712, as enacted by Laws of Utah 1993, Chapter 283
136 20A-3-201, as last amended by Laws of Utah 2006, Chapter 326
137 20A-3-603, as last amended by Laws of Utah 2008, Chapter 53
138 20A-3-604, as enacted by Laws of Utah 2006, Chapter 264
139 20A-5-101, as last amended by Laws of Utah 2007, Chapters 238 and 329
140 20A-5-405, as last amended by Laws of Utah 2007, Chapter 75
141 20A-7-204.1, as last amended by Laws of Utah 2005, Chapter 236
142 20A-9-203, as last amended by Laws of Utah 2008, Chapters 13, 19, and 225
143 23-21-1.5, as last amended by Laws of Utah 1998, Chapter 218
144 24-1-4, as last amended by Laws of Utah 2004, Chapter 296
145 26-8a-401, as enacted by Laws of Utah 1999, Chapter 141
146 26-8a-405.3, as last amended by Laws of Utah 2008, Chapter 382
147 26-8a-406, as last amended by Laws of Utah 2003, Chapter 213
148 26-19-6, as last amended by Laws of Utah 2004, Chapter 72
149 31A-2-303, as last amended by Laws of Utah 1987, Chapter 161
150 31A-27a-406, as enacted by Laws of Utah 2007, Chapter 309
151 38-2-3.2, as last amended by Laws of Utah 2007, Chapter 306
152 38-8-3, as last amended by Laws of Utah 1984, Chapter 66
153 38-13-204, as enacted by Laws of Utah 2005, Chapter 187
154 39-1-15, Utah Code Annotated 1953
155 40-6-10, as last amended by Laws of Utah 2008, Chapter 382
156 40-8-8, as last amended by Laws of Utah 2002, Chapter 194
157 40-8-10, as last amended by Laws of Utah 1987, Chapter 161
158 40-8-13, as last amended by Laws of Utah 2003, Chapter 35
159 40-10-13, as last amended by Laws of Utah 2008, Chapter 382
160 40-10-17 (Subsect (2)(t)(ii) Repeal 09/30/09), as last amended by Laws of Utah 2004,
161 Chapter 230
162 40-10-27, as last amended by Laws of Utah 1997, Chapter 135
163 41-1a-1103, as last amended by Laws of Utah 2005, Chapter 56
164 47-2-4, as last amended by Laws of Utah 2000, Chapter 75
165 48-2c-1306, as last amended by Laws of Utah 2008, Chapter 364
166 52-4-202, as last amended by Laws of Utah 2008, Chapters 234 and 360
167 53A-3-202, as last amended by Laws of Utah 2007, Chapter 375
168 53A-3-402, as last amended by Laws of Utah 2007, Chapter 92
169 53A-18-104, as enacted by Laws of Utah 1988, Chapter 2
170 53A-19-102, as last amended by Laws of Utah 2008, Chapters 61, 231, and 236
171 53A-19-104, as enacted by Laws of Utah 1988, Chapter 2
172 53B-3-107, as last amended by Laws of Utah 1997, Chapter 116
173 53B-7-101.5, as enacted by Laws of Utah 2001, Chapter 186
174 54-4-27, Utah Code Annotated 1953
175 54-7-17, as last amended by Laws of Utah 1987, Chapter 161
176 54-8-10, as enacted by Laws of Utah 1969, Chapter 157
177 54-8-16, as enacted by Laws of Utah 1969, Chapter 157
178 54-8-23, as enacted by Laws of Utah 1969, Chapter 157
179 57-1-25, as last amended by Laws of Utah 2002, Chapter 209
180 57-11-11, as last amended by Laws of Utah 2000, Chapter 86
181 59-2-919, as last amended by Laws of Utah 2008, Chapters 231 and 301
182 59-2-924, as last amended by Laws of Utah 2008, Chapters 61, 118, 231, 236, 330, 360,
183 and 382
184 59-2-926, as last amended by Laws of Utah 2008, Chapter 330
185 59-2-1303, as last amended by Laws of Utah 1999, Chapter 207
186 59-2-1309, as last amended by Laws of Utah 1997, Chapter 360
187 59-2-1310, as last amended by Laws of Utah 1995, Chapter 198
188 59-2-1332, as last amended by Laws of Utah 1997, Chapter 143
189 59-2-1332.5, as last amended by Laws of Utah 2002, Chapter 30
190 59-2-1351, as last amended by Laws of Utah 2000, Chapter 75
191 59-12-402, as last amended by Laws of Utah 2008, Chapter 384
192 59-12-1001, as last amended by Laws of Utah 2008, Chapters 382 and 384
193 59-12-1102, as last amended by Laws of Utah 2008, Chapters 237, 382, and 384
194 63B-1-317, as renumbered and amended by Laws of Utah 2003, Chapter 86
195 63B-1a-501, as enacted by Laws of Utah 2003, Chapter 2
196 63B-2-116, as last amended by Laws of Utah 2005, Chapter 105
197 63B-2-216, as last amended by Laws of Utah 2005, Chapter 105
198 63B-3-116, as last amended by Laws of Utah 2005, Chapter 105
199 63B-3-216, as last amended by Laws of Utah 2005, Chapter 105
200 63B-4-116, as last amended by Laws of Utah 2005, Chapter 105
201 63B-5-116, as last amended by Laws of Utah 2005, Chapter 105
202 63B-6-116, as last amended by Laws of Utah 2005, Chapter 105
203 63B-6-216, as last amended by Laws of Utah 2005, Chapter 105
204 63B-6-416, as last amended by Laws of Utah 2005, Chapter 105
205 63B-7-116, as last amended by Laws of Utah 2005, Chapter 105
206 63B-7-216, as last amended by Laws of Utah 2005, Chapter 105
207 63B-7-416, as last amended by Laws of Utah 2005, Chapter 105
208 63B-8-116, as last amended by Laws of Utah 2005, Chapter 105
209 63B-8-216, as last amended by Laws of Utah 2005, Chapter 105
210 63B-8-416, as last amended by Laws of Utah 2005, Chapter 105
211 63B-10-116, as last amended by Laws of Utah 2005, Chapter 105
212 63B-11-116, as last amended by Laws of Utah 2005, Chapter 105
213 63B-11-216, as last amended by Laws of Utah 2005, Chapter 105
214 63B-11-316, as last amended by Laws of Utah 2005, Chapter 105
215 63B-11-516, as last amended by Laws of Utah 2005, Chapter 105
216 63C-7-306, as enacted by Laws of Utah 1997, Chapter 136
217 63F-1-701, as enacted by Laws of Utah 2007, Chapter 249
218 63G-6-401, as renumbered and amended by Laws of Utah 2008, Chapter 382
219 63G-9-303, as renumbered and amended by Laws of Utah 2008, Chapter 382
220 63H-1-403, as enacted by Laws of Utah 2007, Chapter 23
221 63H-1-701, as enacted by Laws of Utah 2007, Chapter 23
222 63H-1-801, as enacted by Laws of Utah 2007, Chapter 23
223 67-4a-402, as last amended by Laws of Utah 2007, Chapter 18
224 67-4a-403, as last amended by Laws of Utah 2007, Chapter 18
225 72-3-108, as last amended by Laws of Utah 2000, Chapter 324
226 72-5-105, as last amended by Laws of Utah 2006, Chapter 101
227 72-6-108, as last amended by Laws of Utah 2008, Chapter 382
228 73-1-4, as last amended by Laws of Utah 2008, Chapters 380 and 382
229 73-1-16, Utah Code Annotated 1953
230 73-3-6, as last amended by Laws of Utah 2003, Chapter 99
231 73-3-12, as last amended by Laws of Utah 2008, Chapters 52 and 311
232 73-3a-107, as last amended by Laws of Utah 2003, Chapter 99
233 73-4-3, as last amended by Laws of Utah 2007, Chapter 136
234 73-4-4, as last amended by Laws of Utah 2007, Chapter 136
235 73-4-9, Utah Code Annotated 1953
236 73-5-14, Utah Code Annotated 1953
237 73-5-15, as last amended by Laws of Utah 2008, Chapters 360 and 382
238 73-6-2, Utah Code Annotated 1953
239 75-1-401, as last amended by Laws of Utah 1977, Chapter 194
240 75-3-801, as last amended by Laws of Utah 1992, Chapter 179
241 75-7-508, as last amended by Laws of Utah 2007, Chapter 64
242 76-8-809, as enacted by Laws of Utah 1973, Chapter 196
243 76-10-530, as last amended by Laws of Utah 2003, Chapter 203
244 77-24a-5, as last amended by Laws of Utah 2005, Chapter 126
245 78A-6-109, as renumbered and amended by Laws of Utah 2008, Chapter 3
246 78B-5-613, as enacted by Laws of Utah 2008, Chapter 3
247
248 Be it enacted by the Legislature of the state of Utah:
249 Section 1. Section 3-1-7 is amended to read:
250 3-1-7. Amendments to articles of incorporation.
251 (1) An association may amend its articles of incorporation by the affirmative vote of a
252 majority of the members voting at:
253 (a) a regular meeting; or
254 (b) a special meeting called for that purpose.
255 (2) Written notice of the proposed amendment and of the time and place of the meeting
256 shall be provided to the members of the association by any one of the following procedures:
257 (a) by mail at the last-known address at least ten days prior to the meeting;
258 (b) by personal delivery at least ten days prior to the meeting; or
259 (c) by publication not less than ten days or more than 60 days prior to the meeting in a
260 periodical published by or for the association, to which substantially all of its members are
261 subscribers, or [
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263 Section 63F-1-701 .
264 (3) In addition to one of the means set forth in Subsection (2), the association may give
265 notice by any method established pursuant to the articles of incorporation or bylaws of the
266 association.
267 (4) The bylaws may require that the notice period be longer than ten days.
268 (5) An amendment affecting the preferential rights of any outstanding preferred stock
269 may not be adopted until the written consent of the holders of a majority of the outstanding
270 preference shares has been obtained.
271 (6) After an amendment has been adopted, articles of amendment shall be:
272 (a) prepared, in duplicate, setting forth the amendment and the fact of the adoption;
273 (b) signed and acknowledged by the president, chair, vice president, or vice chair and
274 by the secretary or treasurer; and
275 (c) filed in the same manner as the original articles of incorporation.
276 Section 2. Section 4-17-7 is amended to read:
277 4-17-7. Notice of noxious weeds to be published annually in county -- Notice to
278 particular property owners to control noxious weeds -- Methods of prevention or control
279 specified -- Failure to control noxious weeds considered public nuisance.
280 (1) Each county weed control board before May 1 of each year shall post a general
281 notice of the noxious weeds within the county in at least three public places within the county
282 and publish the same notice on [
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284 63F-1-701 .
285 (2) If the county weed control board determines that particular property within the
286 county requires prompt and definite attention to prevent or control noxious weeds, it shall serve
287 the owner or the person in possession of the property, personally or by certified mail, a notice
288 specifying when and what action should be taken on the property. Methods of prevention or
289 control may include definite systems of tillage, cropping, use of chemicals, and use of
290 livestock.
291 (3) An owner or person in possession of property who fails to take action to control or
292 prevent the spread of noxious weeds as specified in the notice is maintaining a public nuisance.
293 Section 3. Section 4-30-5 is amended to read:
294 4-30-5. Hearing on license application -- Notice of hearing.
295 (1) Upon the filing of an application, the chairman of the Livestock Market Committee
296 shall set a time for hearing on the application in the city or town nearest the proposed site of the
297 livestock market and cause notice of the time and place of the hearing together with a copy of
298 the application to be forwarded by mail, not less than 15 days before the hearing date, to the
299 following:
300 (a) each licensed livestock market operator within the state; and
301 (b) each livestock or other interested association or group of persons in the state that
302 has filed written notice with the committee requesting receipt of notice of such hearings.
303 (2) Notice of the hearing shall be published 14 days before the scheduled hearing date
304 [
305
306 Section 4. Section 6-1-5 is amended to read:
307 6-1-5. Notice of assignment.
308 The assignee shall forthwith give notice of such assignment by publication in some
309 newspaper published in the county, or, if none, [
310
311 shall be published at least once a week for six weeks; and shall forthwith send a notice by mail
312 to each creditor of whom he shall be informed, directed to his usual place of residence,
313 requiring such creditor to present to him within three months thereafter his claims under oath.
314 Section 5. Section 7-1-704 is amended to read:
315 7-1-704. Authorization required to engage in business -- Exemptions --
316 Procedure.
317 (1) (a) An institution subject to the jurisdiction of the department may maintain an
318 office in this state or engage in the activities of a financial institution in this state only if it is
319 authorized to do so by the department.
320 (b) This Subsection (1) does not apply to:
321 (i) any person who is lawfully engaging in the activities of a financial institution in this
322 state on July 1, 1981, unless the institution was not subject to the jurisdiction of the department
323 before that date;
324 (ii) an application to establish a branch or additional office; or
325 (iii) the establishment of a service corporation or service organization.
326 (2) An applicant for authorization to become an institution subject to the jurisdiction of
327 the department shall pay to the department the appropriate filing fee, as provided in Section
328 7-1-401 , and shall file with the commissioner:
329 (a) its undertaking to pay all expenses incurred in conducting any administrative
330 proceedings forming part of the department's consideration of the application;
331 (b) its proposed articles of incorporation and by-laws;
332 (c) an application in a form prescribed by the commissioner that includes all
333 information the commissioner requires about the source of the proposed original capital and
334 about the identity, personal history, business background and experience, financial condition,
335 and participation in any litigation or administrative proceeding of the organizers, the proposed
336 members of the board of directors, and the principal officers; and
337 (d) any other information the commissioner requires.
338 (3) In addition to the requirements of Title 63G, Chapter 4, Administrative Procedures
339 Act, the commissioner shall, at the expense of the applicant:
340 (a) give notice of the application by publication [
341
342
343 (b) give notice of the application to other institutions subject to the jurisdiction of the
344 department in a manner and to an extent the commissioner considers appropriate;
345 (c) cause the appropriate supervisor to make a careful investigation and examination of
346 the following:
347 (i) the character, reputation, and financial standing and ability of the organizers;
348 (ii) the character, financial responsibility, experience, and business qualifications of
349 those proposed as officers;
350 (iii) the character and standing in the community of those proposed as directors,
351 principal stockholders, or owners;
352 (iv) the need in the service area where the institution would be located, giving
353 particular consideration to the adequacy of existing financial facilities and the effect the
354 proposed institution would have on existing institutions in the area;
355 (v) the ability of the proposed service area to support the proposed institution,
356 including the extent and nature of existing competition, the economic history and future
357 prospects of the community, and the opportunity for profitable employment of financial
358 institution funds; and
359 (vi) other facts and circumstances bearing on the proposed institution that the
360 supervisor considers relevant.
361 (4) (a) The supervisor shall submit findings and recommendations in writing to the
362 commissioner.
363 (b) The application, any additional information furnished by the applicant, and the
364 findings and recommendations of the supervisor may be inspected by any person at the
365 department's office, except those portions of the application or report the commissioner
366 declares to be confidential, pursuant to the applicant's request, in order to prevent a clearly
367 unwarranted invasion of privacy.
368 (5) (a) If a hearing is held, the applicant shall publish notice of the hearing [
369
370
371 hearing on the Utah Public Notice Website as described in Section 63F-1-701 .
372 (b) The notice shall include the date, time, and place of the hearing and any other
373 information required by the commissioner.
374 (c) The commissioner shall act on the record before him within 30 days after receipt of
375 the transcript of the hearing.
376 (6) If no hearing is held, the commissioner may, within 90 days of acceptance of the
377 application as complete, approve or disapprove the application based on the papers filed with
378 him, together with the supervisor's findings and recommendations.
379 (7) (a) The commissioner may not approve the application unless the commissioner
380 finds that the applicant has established by the preponderance of the evidence that:
381 (i) in light of the need for financial services in the area, the adequacy of existing
382 facilities, and the effect the proposed institution would have on existing institutions in the area,
383 the public need and convenience will be promoted by the establishment of the proposed
384 institution;
385 (ii) in light of the ability of the proposed service area to support the proposed
386 institution, including the extent and nature of existing competition, the economic history and
387 future prospects of the community, and the opportunity for profitable employment of financial
388 institution funds, conditions in the service area in which the proposed institution would transact
389 business afford reasonable promise of a successful operation;
390 (iii) the institution is being formed only for legitimate purposes allowed by the laws of
391 this state;
392 (iv) the proposed capital equals or exceeds the required minimum and is adequate in
393 light of current and prospective conditions;
394 (v) if the applicant is seeking authority to accept deposits, the deposits will be insured
395 or guaranteed by an agency of the federal government;
396 (vi) the proposed officers and directors have sufficient experience, ability, and standing
397 to afford reasonable promise of a successful operation;
398 (vii) the name of the proposed financial institution does not resemble the name of any
399 other institution transacting business in this state so closely as to cause confusion;
400 (viii) the applicants have complied with all of the provisions of law; and
401 (ix) no properly managed and soundly operated existing institutions offering
402 substantially similar services in the service area to which the application relates will be unduly
403 injured by approval of the application.
404 (b) The commissioner may condition approval of the application on the institution's
405 acceptance of requirements or conditions with respect to insurance that the commissioner
406 considers necessary to protect depositors.
407 (8) (a) The commissioner shall provide written findings and conclusions on the
408 application.
409 (b) Upon approving an application, the commissioner shall:
410 (i) endorse the approval on the articles of incorporation;
411 (ii) file one copy with the Division of Corporations and Commercial Code;
412 (iii) retain one file copy; and
413 (iv) return one copy to the applicant within ten days after the date of the
414 commissioner's decision approving the application.
415 (c) Upon disapproving an application, the commissioner shall mail notice of the
416 disapproval to the applicant within ten days.
417 (d) The commissioner may approve an application subject to conditions the
418 commissioner considers appropriate to protect the public interest and carry out the purposes of
419 this title.
420 (e) The commissioner shall give written notice of the decision to all persons who have
421 filed a protest to the application.
422 (9) Upon approval of an application for authorization to conduct a business subject to
423 the jurisdiction of the department, the commissioner shall issue a license, permit, or other
424 appropriate certificate of authority if:
425 (a) except in the case of credit unions, all of the capital of the institution being formed
426 has been paid in; and
427 (b) all the conditions and other requirements for approval of the application have been
428 met.
429 (10) (a) Any approval by the commissioner of an application under this section is
430 considered revoked unless the business is open and operating within one year from the date of
431 the approval.
432 (b) The commissioner, on written application made before the expiration of that period,
433 and for good cause shown, may extend the date for activation for additional periods not to
434 exceed six months each.
435 (11) No person may obtain, for the purpose of resale, a certificate of approval to
436 operate any institution under the jurisdiction of the department.
437 (12) The commissioner may approve an application without any notice to other
438 financial institutions to respond to an emergency arising from the insolvency of an existing
439 institution or to prevent the failure of an existing institution if the commissioner makes the
440 findings required by Subsection (7).
441 Section 6. Section 7-1-706 is amended to read:
442 7-1-706. Application to commissioner to exercise power -- Procedure.
443 (1) Except as provided in Sections 7-1-704 and 7-1-705 , by filing a request for agency
444 action with the commissioner, any person may request the commissioner to:
445 (a) issue any rule or order;
446 (b) exercise any powers granted to the commissioner under this title; or
447 (c) act on any matter that is subject to the approval of the commissioner.
448 (2) Within ten days of receipt of the request, the commissioner shall, at the applicant's
449 expense, cause a supervisor to make a careful investigation of the facts relevant or material to
450 the request.
451 (3) (a) The supervisor shall submit written findings and recommendations to the
452 commissioner.
453 (b) The application, any additional information furnished by the applicant, and the
454 findings and recommendations of the supervisor may be inspected by any person at the office
455 of the commissioner, except those portions of the application or report that the commissioner
456 designates as confidential to prevent a clearly unwarranted invasion of privacy.
457 (4) (a) If a hearing is held concerning the request, the commissioner shall publish notice
458 of the hearing [
459
460 as described in Section 63F-1-701 for three successive weeks before the date of the hearing.
461 (b) The notice required by Subsection (4)(a) shall include the information required by
462 the department's rules.
463 (c) The commissioner shall act upon the request within 30 days after the close of the
464 hearing, based on the record before the commissioner.
465 (5) (a) If no hearing is held, the commissioner shall approve or disapprove the request
466 within 90 days of receipt of the request based on:
467 (i) the application;
468 (ii) additional information filed with the commissioner; and
469 (iii) the findings and recommendations of the supervisor.
470 (b) The commissioner shall act on the request by issuing findings of fact, conclusions,
471 and an order, and shall mail a copy of each to:
472 (i) the applicant;
473 (ii) all persons who have filed protests to the granting of the application; and
474 (iii) other persons that the commissioner considers should receive copies.
475 (6) The commissioner may impose any conditions or limitations on the approval or
476 disapproval of a request that the commissioner considers proper to:
477 (a) protect the interest of creditors, depositors, and other customers of an institution;
478 (b) protect its shareholders or members; and
479 (c) carry out the purposes of this title.
480 Section 7. Section 7-1-709 is amended to read:
481 7-1-709. Branches -- Discontinuance of operation.
482 (1) A Utah depository institution or out-of-state depository institution authorized to do
483 business in this state may discontinue operation of a branch upon resolution of its board of
484 directors.
485 (2) Upon adopting the resolution, the institution shall file an application with the
486 commissioner specifying:
487 (a) the location of the branch to be discontinued;
488 (b) the date of the proposed discontinuance;
489 (c) the reasons for closing the branch; and
490 (d) the extent to which the public need and convenience or service to members would
491 still be adequately met.
492 (3) Upon filing its application with the commissioner, the institution shall publish
493 notice of the discontinuance [
494 Website as described in Section 63F-1-701 once a week for two consecutive weeks. The
495 commissioner may approve the application after a reasonable comment period following
496 publication.
497 (4) An out-of-state depository institution with a branch in Utah is not subject to the
498 requirements of this section if the branch to be closed is located outside of Utah.
499 Section 8. Section 7-2-6 is amended to read:
500 7-2-6. Possession by commissioner -- Notice -- Presentation, allowance, and
501 disallowance of claims -- Objections to claims.
502 (1) (a) Possession of an institution by the commissioner commences when notice of
503 taking possession is:
504 (i) posted in each office of the institution located in this state; or
505 (ii) delivered to a controlling person or officer of the institution.
506 (b) All notices, records, and other information regarding possession of an institution by
507 the commissioner may be kept confidential, and all court records and proceedings relating to
508 the commissioner's possession may be sealed from public access if:
509 (i) the commissioner finds it is in the best interests of the institution and its depositors
510 not to notify the public of the possession by the commissioner;
511 (ii) the deposit and withdrawal of funds and payment to creditors of the institution is
512 not suspended, restricted, or interrupted; and
513 (iii) the court approves.
514 (2) (a) Within 15 days after taking possession of an institution or other person under
515 the jurisdiction of the department, the commissioner shall publish a notice to all persons who
516 may have claims against the institution or other person to file proof of their claims with the
517 commissioner before a date specified in the notice. The filing date shall be at least 90 days
518 after the date of the first publication of the notice. The notice shall be published [
519
520
521 Public Notice Website as described in Section 63F-1-701 . The notice shall be published again
522 approximately 30 days and 60 days after the date of the first publication.
523 (b) (i) Within 60 days of taking possession of a depository institution, the
524 commissioner shall send a similar notice to all persons whose identity is reflected in the books
525 or records of the institution as depositors or other creditors, secured or unsecured, parties to
526 litigation involving the institution pending at the date the commissioner takes possession of the
527 institution, and all other potential claimants against the institution whose identity is reasonably
528 ascertainable by the commissioner from examination of the books and records of the
529 institution. No notice is required in connection with accounts or other liabilities of the
530 institution that will be paid in full or be fully assumed by another depository institution or trust
531 company. The notice shall specify a filing date for claims against the institution not less than
532 60 days after the date of mailing. Claimants whose claims against the institution have been
533 assumed by another depository institution or trust company pursuant to a merger or purchase
534 and assumption agreement with the commissioner, or a federal deposit insurance agency
535 appointed as receiver or liquidator of the institution, shall be notified of the assumption of their
536 claims and the name and address of the assuming party within 60 days after the claim is
537 assumed. Unless a purchase and assumption or merger agreement requires otherwise, the
538 assuming party shall give all required notices. Notice shall be mailed to the address appearing
539 in the books and records of the institution.
540 (ii) Inadvertent or unintentional failure to mail a notice to any person entitled to written
541 notice under this paragraph does not impose any liability on the commissioner or any receiver
542 or liquidator appointed by him beyond the amount the claimant would be entitled to receive if
543 the claim had been timely filed and allowed. The commissioner or any receiver or liquidator
544 appointed by him are not liable for failure to mail notice unless the claimant establishes that it
545 had no knowledge of the commissioner taking possession of the institution until after all
546 opportunity had passed for obtaining payment through filing a claim with the commissioner,
547 receiver, or liquidator.
548 (c) Upon good cause shown, the court having supervisory jurisdiction may extend the
549 time in which the commissioner may serve any notice required by this chapter.
550 (d) The commissioner has the sole power to adjudicate any claim against the
551 institution, its property or other assets, tangible or intangible, and to settle or compromise
552 claims within the priorities set forth in Section 7-2-15 . Any action of the commissioner is
553 subject to judicial review as provided in Subsection (9).
554 (e) A receiver or liquidator of the institution appointed by the commissioner has all the
555 duties, powers, authority, and responsibilities of the commissioner under this section. All
556 claims against the institution shall be filed with the receiver or liquidator within the applicable
557 time specified in this section and the receiver or liquidator shall adjudicate the claims as
558 provided in Subsection (2)(d).
559 (f) The procedure established in this section is the sole remedy of claimants against an
560 institution or its assets in the possession of the commissioner.
561 (3) With respect to a claim which appears in the books and records of an institution or
562 other person in the possession of the commissioner as a secured claim, which, for purposes of
563 this section is a claim that constitutes an enforceable, perfected lien, evidenced in writing, on
564 the assets or other property of the institution:
565 (a) The commissioner shall allow or disallow each secured claim filed on or before the
566 filing date within 30 days after receipt of the claim and shall notify each secured claimant by
567 certified mail or in person of the basis for, and any conditions imposed on, the allowance or
568 disallowance.
569 (b) For all allowed secured claims, the commissioner shall be bound by the terms,
570 covenants, and conditions relating to the assets or other property subject to the claim, as set
571 forth in the note, bond, or other security agreement which evidences the secured claim, unless
572 the commissioner has given notice to the claimant of his intent to abandon the assets or other
573 property subject to the secured claim at the time the commissioner gave the notice described in
574 Subsection (3)(a).
575 (c) No petition for lifting the stay provided by Section 7-2-7 may be filed with respect
576 to a secured claim before the claim has been filed and allowed or disallowed by the
577 commissioner in accordance with Subsection (3)(a).
578 (4) With respect to all other claims other than secured claims:
579 (a) Each claim filed on or before the filing date shall be allowed or disallowed within
580 180 days after the final publication of notice.
581 (b) If notice of disallowance is not served upon the claimant by the commissioner
582 within 210 days after the date of final publication of notice, the claim is considered disallowed.
583 (c) The rights of claimants and the amount of a claim shall be determined as of the date
584 the commissioner took possession of the institution under this chapter. Claims based on
585 contractual obligations of the institution in existence on the date of possession may be allowed
586 unless the obligation of the institution is dependent on events occurring after the date of
587 possession, or the amount or worth of the claim cannot be determined before any distribution
588 of assets of the institution is made to claimants having the same priority under Section 7-2-15 .
589 (d) (i) An unliquidated claim against the institution, including claims based on alleged
590 torts for which the institution would have been liable on the date the commissioner took
591 possession of the institution and any claims for a right to an equitable remedy for breach of
592 performance by the institution, may be filed in an estimated amount. The commissioner may
593 disallow or allow the claim in an amount determined by the commissioner, settle the claim in
594 an amount approved by the court, or, in his discretion, refer the claim to the court designated by
595 Section 7-2-2 for determination in accordance with procedures designated by the court. If the
596 institution held on the date of possession by the commissioner a policy of insurance that would
597 apply to the liability asserted by the claimant, the commissioner, or any receiver appointed by
598 him may assign to the claimant all rights of the institution under the insurance policy in full
599 satisfaction of the claim.
600 (ii) If the commissioner finds there are or may be issues of fact or law as to the validity
601 of a claim, liquidated or unliquidated, or its proper allowance or disallowance under the
602 provisions of this chapter, he may appoint a hearing examiner to conduct a hearing and to
603 prepare and submit recommended findings of fact and conclusions of law for final
604 consideration by the commissioner. The hearing shall be conducted as provided in rules or
605 regulations issued by the commissioner. The decision of the commissioner shall be based on
606 the record before the hearing examiner and information the commissioner considers relevant
607 and shall be subject to judicial review as provided in Subsection (9).
608 (e) A claim may be disallowed if it is based on actions or documents intended to
609 deceive the commissioner or any receiver or liquidator appointed by him.
610 (f) The commissioner may defer payment of any claim filed on behalf of a person who
611 was at any time in control of the institution within the meaning of Section 7-1-103 , pending the
612 final determination of all claims of the institution against that person.
613 (g) The commissioner or any receiver appointed by him may disallow a claim that
614 seeks a dollar amount if it is determined by the court having jurisdiction under Section 7-2-2
615 that the commissioner or receiver or conservator will not have any assets with which to pay the
616 claim under the priorities established by Section 7-2-15 .
617 (h) The commissioner may adopt rules to establish such alternative dispute resolution
618 processes as may be appropriate for the resolution of claims filed against an institution under
619 this chapter.
620 (i) In establishing alternative dispute resolution processes, the commissioner shall
621 strive for procedures that are expeditious, fair, independent, and low cost. The commissioner
622 shall seek to develop incentives for claimants to participate in the alternative dispute resolution
623 process.
624 (j) The commissioner may establish both binding and nonbinding processes, which
625 may be conducted by any government or private party, but all parties, including the claimant
626 and the commissioner or any receiver appointed by him, must agree to the use of the process in
627 a particular case.
628 (5) Claims filed after the filing date are disallowed, unless:
629 (a) the claimant who did not file his claim timely demonstrates that he did not have
630 notice or actual knowledge of the proceedings in time to file a timely proof of claim; and
631 (b) proof of the claim was filed prior to the last distribution of assets. For the purpose
632 of this subsection only, late filed claims may be allowed if proof was filed before the final
633 distribution of assets of the institution to claimants of the same priority and are payable only
634 out of the remaining assets of the institution.
635 (c) A late filed claim may be disallowed under any other provision of this section.
636 (6) Debts owing to the United States or to any state or its subdivisions as a penalty or
637 forfeiture are not allowed, except for the amount of the pecuniary loss sustained by the act,
638 transaction, or proceeding out of which the penalty or forfeiture arose.
639 (7) Except as otherwise provided in Subsection 7-2-15 (1)(a), interest accruing on any
640 claim after the commissioner has taken possession of an institution or other person under this
641 chapter may be disallowed.
642 (8) A claim against an institution or its assets based on a contract or agreement may be
643 disallowed unless the agreement: (a) is in writing; (b) is otherwise a valid and enforceable
644 contract; and (c) has continuously, from the time of its execution, been an official record of the
645 institution. The requirements of this subsection do not apply to claims for goods sold or
646 services rendered to an institution in the ordinary course of business by trade creditors who do
647 not customarily use written agreements or other documents.
648 (9) (a) Objection to any claim allowed or disallowed may be made by any depositor or
649 other claimant by filing a written objection with the commissioner within 30 days after service
650 of the notice of allowance or disallowance. The commissioner shall present the objection to
651 the court for hearing and determination upon written notice to the claimant and to the filing
652 party. The notice shall set forth the time and place of hearing. After the 30-day period, no
653 objection may be filed. This Subsection (9) does not apply to secured claims allowed under
654 Subsection (3).
655 (b) The hearing shall be based on the record before the commissioner and any
656 additional evidence the court allowed to provide the parties due process of law.
657 (c) The court may not reverse or otherwise modify the determination of the
658 commissioner with respect to the claim unless it finds the determination of the commissioner to
659 be arbitrary, capricious, or otherwise contrary to law. The burden of proof is on the party
660 objecting to the determination of the commissioner.
661 (d) An appeal from any final judgment of the court with respect to a claim may be
662 taken as provided by law by the claimant, the commissioner, or any person having standing to
663 object to the allowance or disallowance of the claim.
664 (10) If a claim against the institution has been asserted in any judicial, administrative,
665 or other proceeding pending at the time the commissioner took possession of the institution
666 under this chapter or under Chapter 19, Acquisition of Failing Depository Institutions or
667 Holding Companies, the claimant shall file copies of all documents of record in the pending
668 proceeding with the commissioner within the time for filing claims as provided in Subsection
669 (2). Such a claim shall be allowed or disallowed within 90 days of the receipt of the complete
670 record of the proceedings. No application to lift the stay of a pending proceeding shall be filed
671 until the claim has been allowed or disallowed. The commissioner may petition the court
672 designated by Section 7-2-2 to lift the stay to determine whether the claim should be allowed or
673 disallowed.
674 (11) All claims allowed by the commissioner and not disallowed or otherwise modified
675 by the court under Subsection (9), if not paid within 30 days after allowance, shall be
676 evidenced by a certificate payable only out of the assets of the institution in the possession of
677 the commissioner, subject to the priorities set forth in Section 7-2-15 . This provision does not
678 apply to a secured claim allowed by the commissioner under Subsection (3)(a).
679 Section 9. Section 7-7-10 is amended to read:
680 7-7-10. Meetings of mutual association members -- Voting -- Notice.
681 (1) (a) An annual meeting of the members of each mutual association shall be held at
682 the time and place fixed in the bylaws of the association.
683 (b) Special meetings may be called as provided in the bylaws.
684 (2) (a) The members entitled to vote at any meeting of the members shall be those who
685 are members of record at the end of the calendar month next preceding the date of the meeting
686 of members, except those who have ceased to be members.
687 (b) The number of votes that a member is entitled to cast shall be determined in
688 accordance with the books on the date determinative of entitlement to vote.
689 (3) In the determination of all questions requiring action by the members, each member
690 shall be entitled to cast:
691 (a) one vote; and
692 (b) any additional vote that the member may cast under the bylaws of the association.
693 (4) (a) (i) Subject to Subsection (4)(a)(ii), at any meeting of the members, voting may
694 be:
695 (A) in person; or
696 (B) by proxy.
697 (ii) Notwithstanding Subsection (4)(a)(i), a proxy is not eligible to be voted at any
698 meeting unless the proxy has been filed with the secretary of the association, for verification, at
699 least five days before the date of the meeting.
700 (b) Every proxy shall:
701 (i) be in writing;
702 (ii) be signed by the member or the member's duly authorized attorney in fact; and
703 (iii) continue in force from year to year:
704 (A) when filed with the secretary;
705 (B) if so specified in the proxy; and
706 (C) until:
707 (I) revoked by a writing duly delivered to the secretary; or
708 (II) superseded by subsequent proxies.
709 (5) (a) At an annual meeting or at any special meeting of the members, any number of
710 members present in person or by proxy eligible to be voted constitutes a quorum.
711 (b) A majority of all votes cast at any meeting of members shall determine any
712 question unless this chapter specifically provides otherwise.
713 (6) (a) No notice of annual meetings of members need be given to members.
714 (b) Subject to Subsection (6)(c), notice of each special meeting of members shall:
715 (i) state:
716 (A) the purpose for which the meeting is called;
717 (B) the place of the meeting; and
718 (C) the time when the meeting shall convene; and
719 (ii) (A) be published[
720 instance, on any day of the week) before the date on which the special meeting shall convene[
721
722 [
723
724 (B) be posted in a conspicuous place in all offices of the association during the 30 days
725 immediately preceding the date on which the special meeting convenes.
726 (c) No notice need be given of a meeting if all the members entitled to vote, vote in
727 favor of an action at the meeting of the members.
728 Section 10. Section 8-5-6 is amended to read:
729 8-5-6. Alternative council or board procedures for notice -- Termination of
730 rights.
731 (1) As an alternative to the procedures set forth in Sections 8-5-1 through 8-5-4 , a
732 municipal council or cemetery maintenance district board may pass a resolution demanding
733 that the owner of a lot, site, or portion of the cemetery, which has been unused for burial
734 purposes for more than 60 years, file with the county recorder, city recorder, or town clerk
735 notice of any claim to the lot, site, or portion of the cemetery.
736 (2) The municipal council or cemetery maintenance district board shall then cause a
737 copy of the resolution to be personally served on the owner in the same manner as personal
738 service of process in a civil action. The resolution shall notify the owner that the owner shall,
739 within 60 days after service of the resolution on the owner, express interest in maintaining the
740 cemetery lot, site, or portion of the cemetery and submit satisfactory evidence of an intention to
741 use the lot, site, or portion of the cemetery for a burial.
742 (3) If the owner cannot be personally served with the resolution of the municipal
743 council or cemetery maintenance district board as required in Subsection (2), the municipal
744 council or cemetery maintenance district board shall publish its resolution for three successive
745 weeks [
746 Website as described in Section 63F-1-701 and mail a copy of the resolution within 14 days
747 after the publication to the owner's last known address, if available.
748 (4) If, for 30 days after the last date of service or publication of the municipal council's
749 or cemetery maintenance district board's resolution, the owner or person with a legal interest in
750 the cemetery lot fails to state a valid interest in the use of the cemetery lot, site, or portion of
751 the cemetery for burial purposes, the owner's rights are terminated and that portion of the
752 cemetery shall be vested in the municipality or cemetery maintenance district.
753 Section 11. Section 9-3-409 is amended to read:
754 9-3-409. Actions on validity or enforceability of bonds -- Time for bringing
755 action.
756 (1) In any suit, action, or proceeding involving the validity or enforceability of any
757 bond issued under this chapter or the security for them, any such bond reciting in substance that
758 it has been issued by the authority in connection with the Utah Science Center shall be
759 conclusively [
760 (2) For a period of 30 days after the publication of the resolution authorizing the bonds,
761 or a notice of bonds to be issued by the authority containing those items described in Section
762 11-14-316 [
763 Public Notice Website as described in Section 63F-1-701 , any person may contest the legality
764 of the resolution authorizing any bonds, notice of bonds to be issued, or any provisions made
765 for the security and payment of the bonds. After the 30-day period no one has any cause of
766 action to contest the regularity, formality, or legality of the notice of bonds to be issued or the
767 bonds for any cause whatsoever.
768 Section 12. Section 9-8-805 is amended to read:
769 9-8-805. Collecting institutions -- Perfecting title -- Notice.
770 (1) (a) Any collecting institution wishing to perfect title in any reposited materials held
771 by it shall send, by registered mail, a notice containing the information required by this section
772 to the last-known address of the last-known owner of the property.
773 (b) The collecting institution shall publish a notice containing the information required
774 by this section at least once per week for two consecutive weeks [
775
776 Website as described in Section 63F-1-701 if:
777 (i) the owner or the address of the owner of the reposited materials is unknown;
778 (ii) the mailed notice is returned to the collecting institution without a forwarding
779 address; or
780 (iii) the owner does not claim the reposited materials within 90 days after the notice
781 was mailed.
782 (2) The notices required by this section shall include:
783 (a) the name, if known, and the last-known address, if any, of the last-known owner of
784 the reposited materials;
785 (b) a description of the reposited materials;
786 (c) the name of the collecting institution that has possession of the reposited materials
787 and a person within that institution whom the owner may contact; and
788 (d) a statement that if the reposited materials are not claimed within 90 days from the
789 date that the notice is published [
790 described in Section 63F-1-701 for the second time, the reposited materials are considered to
791 be abandoned and become the property of the collecting institution.
792 (3) If no one has claimed the reposited materials within 90 days after the date that the
793 notice is published [
794 Section 63F-1-701 for the second time, the reposited materials are considered to be abandoned
795 and are the property of the collecting institution.
796 Section 13. Section 10-2-108 is amended to read:
797 10-2-108. Public hearings on feasibility study results -- Notice of hearings.
798 (1) If the results of the feasibility study or supplemental feasibility study meet the
799 requirements of Subsection 10-2-109 (3), the county legislative body shall, at its next regular
800 meeting after receipt of the results of the feasibility study or supplemental feasibility study,
801 schedule at least two public hearings to be held:
802 (a) within the following 60 days;
803 (b) at least seven days apart;
804 (c) in geographically diverse locations within the proposed city; and
805 (d) for the purpose of allowing:
806 (i) the feasibility consultant to present the results of the study; and
807 (ii) the public to become informed about the feasibility study results and to ask
808 questions about those results of the feasibility consultant.
809 (2) (a) (i) The county clerk shall publish notice of the public hearings required under
810 Subsection (1) at least once a week for three successive weeks [
811
812 63F-1-701 .
813 (ii) The last publication of notice required under Subsection (2)(a)(i) shall be at least
814 three days before the first public hearing required under Subsection (1).
815 (b) (i) [
816 The county clerk shall post at least one notice of the hearings per 1,000 population in
817 conspicuous places within the proposed city that are most likely to give notice of the hearings
818 to the residents of the proposed city.
819 (ii) The clerk shall post the notices under Subsection (2)(b)(i) at least seven days before
820 the first hearing under Subsection (1).
821 (c) The notice under Subsections (2)(a) and (b) shall include the feasibility study
822 summary under Subsection 10-2-106 (3)(b) and shall indicate that a full copy of the study is
823 available for inspection and copying at the office of the county clerk.
824 Section 14. Section 10-2-111 is amended to read:
825 10-2-111. Incorporation election.
826 (1) At the next special election date under Section 20A-1-204 more than 45 days after
827 the county legislative body's receipt of the certified petition or certified modified petition under
828 Subsection 10-2-110 (1)(b)(i), the county legislative body shall hold an election on the proposed
829 incorporation.
830 (2) (a) The county clerk shall publish notice of the election [
831
832 described in Section 63F-1-701 at least once a week for three successive weeks.
833 (b) The notice required by Subsection (2)(a) shall contain:
834 (i) a statement of the contents of the petition;
835 (ii) a description of the area proposed to be incorporated as a city;
836 (iii) a statement of the date and time of the election and the location of polling places;
837 and
838 (iv) the feasibility study summary under Subsection 10-2-106 (3)(b) and a statement
839 that a full copy of the study is available for inspection and copying at the office of the county
840 clerk.
841 (c) The last publication of notice required under Subsection (2)(a) shall occur at least
842 one day but no more than seven days before the election.
843 (d) (i) If there is no newspaper of general circulation within the proposed city, the
844 county clerk shall post at least one notice of the election per 1,000 population in conspicuous
845 places within the proposed city that are most likely to give notice of the election to the voters of
846 the proposed city.
847 (ii) The clerk shall post the notices under Subsection (2)(d)(i) at least seven days before
848 the election under Subsection (1).
849 Section 15. Section 10-2-114 is amended to read:
850 10-2-114. Determination of number of council members -- Determination of
851 election districts -- Hearings and notice.
852 (1) If the incorporation proposal passes, the petition sponsors shall, within 25 days of
853 the canvass of the election under Section 10-2-111 :
854 (a) if the voters at the incorporation election choose the council-mayor form of
855 government, determine the number of council members that will constitute the council of the
856 future city;
857 (b) if the voters at the incorporation election vote to elect council members by district,
858 determine the number of council members to be elected by district and draw the boundaries of
859 those districts, which shall be substantially equal in population;
860 (c) determine the initial terms of the mayor and members of the city council so that:
861 (i) the mayor and approximately half the members of the city council are elected to
862 serve an initial term, of no less than one year, that allows their successors to serve a full
863 four-year term that coincides with the schedule established in Subsection 10-3-205 (1); and
864 (ii) the remaining members of the city council are elected to serve an initial term, of no
865 less than one year, that allows their successors to serve a full four-year term that coincides with
866 the schedule established in Subsection 10-3-205 (2); and
867 (d) submit in writing to the county legislative body the results of the sponsors'
868 determinations under Subsections (1)(a), (b), and (c).
869 (2) (a) Before making a determination under Subsection (1)(a), (b), or (c), the petition
870 sponsors shall hold a public hearing within the future city on the applicable issues under
871 Subsections (1)(a), (b), and (c).
872 (b) (i) The petition sponsors shall publish notice of the public hearing under Subsection
873 (2)(a) [
874 successive weeks before the hearing on the Utah Public Notice Website as described in Section
875 63F-1-701 .
876 (ii) The last publication of notice under Subsection (2)(b)(i) shall be at least three days
877 before the public hearing under Subsection (2)(a).
878 (c) (i) [
879 petition sponsors shall post at least one notice of the hearing per 1,000 population in
880 conspicuous places within the future city that are most likely to give notice of the hearing to the
881 residents of the future city.
882 (ii) The petition sponsors shall post the notices under Subsection (2)(c)(i) at least seven
883 days before the hearing under Subsection (2)(a).
884 Section 16. Section 10-2-115 is amended to read:
885 10-2-115. Notice of number of commission or council members to be elected and
886 of district boundaries -- Declaration of candidacy for city office.
887 (1) (a) Within 20 days of the county legislative body's receipt of the information under
888 Subsection 10-2-114 (1)(d), the county clerk shall publish [
889
890 described in Section 63F-1-701 containing:
891 (i) the number of commission or council members to be elected for the new city;
892 (ii) if some or all of the commission or council members are to be elected by district, a
893 description of the boundaries of those districts as designated by the petition sponsors under
894 Subsection 10-2-114 (1)(b);
895 (iii) information about the deadline for filing a declaration of candidacy for those
896 seeking to become candidates for mayor or city commission or council; and
897 (iv) information about the length of the initial term of each of the city officers, as
898 determined by the petition sponsors under Subsection 10-2-114 (1)(c).
899 (b) The notice under Subsection (1)(a) shall be published at least once a week for two
900 successive weeks.
901 (c) (i) [
902 county clerk shall post at least one notice per 1,000 population in conspicuous places within the
903 future city that are most likely to give notice to the residents of the future city.
904 (ii) The notice under Subsection (1)(c)(i) shall contain the information required under
905 Subsection (1)(a).
906 (iii) The petition sponsors shall post the notices under Subsection (1)(c)(i) at least
907 seven days before the deadline for filing a declaration of candidacy under Subsection (2).
908 (2) Notwithstanding Subsection 20A-9-203 (2)(a), each person seeking to become a
909 candidate for mayor or city commission or council of a city incorporating under this part shall,
910 within 45 days of the incorporation election under Section 10-2-111 , file a declaration of
911 candidacy with the clerk of the county in which the future city is located.
912 Section 17. Section 10-2-116 is amended to read:
913 10-2-116. Election of officers of new city.
914 (1) For the election of city officers, the county legislative body shall:
915 (a) unless a primary election is prohibited by Subsection 20A-9-404 (2), hold a primary
916 election; and
917 (b) hold a final election.
918 (2) Each election under Subsection (1) shall be:
919 (a) appropriate to the form of government chosen by the voters at the incorporation
920 election;
921 (b) consistent with the voters' decision about whether to elect commission or council
922 members by district and, if applicable, consistent with the boundaries of those districts as
923 determined by the petition sponsors; and
924 (c) consistent with the sponsors' determination of the number of commission or council
925 members to be elected and the length of their initial term.
926 (3) (a) Subject to Subsection (3)(b) and except as provided in Subsection (5), the
927 primary election under Subsection (1)(a) shall be held at the earliest of the next:
928 (i) regular general election under Section 20A-1-201 ;
929 (ii) municipal primary election under Section 20A-9-404 ;
930 (iii) municipal general election under Section 20A-1-202 ; or
931 (iv) special election under Section 20A-1-204 .
932 (b) Notwithstanding Subsection (3)(a), the primary election under Subsection (1)(a)
933 may not be held until 75 days after the incorporation election under Section 10-2-111 .
934 (4) Except as provided in Subsection (5), the final election under Subsection (1)(b)
935 shall be held at the next special election date under Section 20A-1-204 :
936 (a) after the primary election; or
937 (b) if there is no primary election, more than 75 days after the incorporation election
938 under Section 10-2-111 .
939 (5) Notwithstanding Subsections (3) and (4), the county legislative body may hold the
940 primary and final elections required under Subsection (1) on the dates provided for the next
941 municipal primary election under Section 20A-9-404 and the next municipal general election
942 under Section 20A-1-202 , respectively, after the incorporation election, if:
943 (a) with the results under Subsection 10-2-114 (1)(d), the petition sponsors submit to
944 the county legislative body a written request to that effect; and
945 (b) the incorporation election under Section 10-2-111 took place in February or May of
946 an odd-numbered year.
947 (6) (a) (i) The county clerk shall publish notice of an election under this section at least
948 once a week for two successive weeks [
949
950 (ii) The later notice under Subsection (6)(a)(i) shall be at least one day but no more
951 than seven days before the election.
952 (b) (i) [
953 county clerk shall post at least one notice of the election per 1,000 population in conspicuous
954 places within the future city that are most likely to give notice of the election to the voters.
955 (ii) The county clerk shall post the notices under Subsection (6)(b)(i) at least seven
956 days before each election under Subsection (1).
957 (7) Until the city is incorporated, the county clerk is the election officer for all purposes
958 in an election of officers of the city approved at an incorporation election.
959 Section 18. Section 10-2-125 is amended to read:
960 10-2-125. Incorporation of a town.
961 (1) As used in this section:
962 (a) "Assessed value," with respect to agricultural land, means the value at which the
963 land would be assessed without regard to a valuation for agricultural use under Section
964 59-2-503 .
965 (b) "Financial feasibility study" means a study to determine:
966 (i) the projected revenues for the proposed town during the first three years after
967 incorporation; and
968 (ii) the projected costs, including overhead, that the proposed town will incur in
969 providing governmental services during the first three years after incorporation.
970 (c) "Municipal service" means a publicly provided service that is not provided on a
971 countywide basis.
972 (d) "Nonurban" means having a residential density of less than one unit per acre.
973 (2) (a) (i) A contiguous area of a county not within a municipality, with a population of
974 at least 100 but less than 1,000, may incorporate as a town as provided in this section.
975 (ii) An area within a county of the first class is not contiguous for purposes of
976 Subsection (2)(a)(i) if:
977 (A) the area includes a strip of land that connects geographically separate areas; and
978 (B) the distance between the geographically separate areas is greater than the average
979 width of the strip of land connecting the geographically separate areas.
980 (b) The population figure under Subsection (2)(a) shall be determined:
981 (i) as of the date the incorporation petition is filed; and
982 (ii) by the Utah Population Estimates Committee within 20 days after the county clerk's
983 certification under Subsection (6) of a petition filed under Subsection (4).
984 (3) (a) The process to incorporate an area as a town is initiated by filing a request for a
985 public hearing with the clerk of the county in which the area is located.
986 (b) Each request for a public hearing under Subsection (3)(a) shall:
987 (i) be signed by the owners of at least five separate parcels of private real property,
988 each owned by a different owner, located within the area proposed to be incorporated; and
989 (ii) be accompanied by an accurate map or plat depicting the boundary of the proposed
990 town.
991 (c) Within ten days after a request for a public hearing is filed under Subsection (3)(a),
992 the county clerk shall, with the assistance of other county officers from whom the clerk
993 requests assistance, determine whether the petition complies with the requirements of
994 Subsection (3)(b).
995 (d) If the clerk determines that a request under Subsection (3)(a) fails to comply with
996 the requirements of Subsection (3)(b), the clerk shall reject the request and deliver written
997 notice of the rejection to the signers of the request.
998 (e) (i) If the clerk determines that a request under Subsection (3)(a) complies with the
999 requirements of Subsection (3)(b), the clerk shall:
1000 (A) schedule and arrange for a public hearing to be held:
1001 (I) (Aa) at a public facility located within the boundary of the proposed town; or
1002 (Bb) if there is no public facility within the boundary of the proposed town, at another
1003 nearby public facility or at the county seat; and
1004 (II) within 20 days after the clerk provides the last notice required under Subsection
1005 (3)(e)(i)(B); and
1006 (B) subject to Subsection (3)(e)(ii), give notice of the public hearing on the proposed
1007 incorporation by:
1008 (I) posting notice of the public hearing on the county's Internet website, if the county
1009 has an Internet website; and
1010 (II) (Aa) publishing notice of the public hearing at least once a week for two
1011 consecutive weeks [
1012 Utah Public Notice Website as described in Section 63F-1-701 ; and
1013 (Bb) [
1014 posting notice of the public hearing in at least five conspicuous public places within the
1015 proposed town.
1016 (ii) The posting of notice required under Subsection (3)(e)(i)(B)(I) and, if applicable,
1017 Subsection (3)(e)(i)(B)(II)(Bb) and the first publishing of notice required under Subsection
1018 (3)(e)(i)(B)(II)(Aa), if applicable, shall occur no later than ten days after the clerk determines
1019 that a request complies with the requirements of Subsection (3)(b).
1020 (iii) Each public hearing under Subsection (3)(e)(i)(A) shall be conducted by the chair
1021 of the county commission or council, or the chair's designee, to:
1022 (A) introduce the concept of the proposed incorporation to the public;
1023 (B) allow the public to review the map or plat of the boundary of the proposed town;
1024 (C) allow the public to ask questions and become informed about the proposed
1025 incorporation; and
1026 (D) allow the public to express their views about the proposed incorporation, including
1027 their views about the boundary of the area proposed to be incorporated.
1028 (4) (a) At any time within three months after the public hearing under Subsection
1029 (3)(e), a petition to incorporate the area as a town may be filed with the clerk of the county in
1030 which the area is located.
1031 (b) Each petition under Subsection (4)(a) shall:
1032 (i) be signed by:
1033 (A) the owners of private real property that:
1034 (I) is located within the area proposed to be incorporated;
1035 (II) covers a majority of the total private land area within the area;
1036 (III) is equal in assessed value to more than 1/2 of the assessed value of all private real
1037 property within the area; and
1038 (IV) consists, in number of parcels, of at least 1/3 of the number of all parcels of
1039 private real property within the area proposed to be incorporated; and
1040 (B) a majority of all registered voters within the area proposed to be incorporated as a
1041 town, according to the official voter registration list maintained by the county on the date the
1042 petition is filed;
1043 (ii) designate as sponsors at least five of the property owners who have signed the
1044 petition, one of whom shall be designated as the contact sponsor, with the mailing address of
1045 each owner signing as a sponsor;
1046 (iii) be accompanied by and circulated with an accurate map or plat, prepared by a
1047 licensed surveyor, showing a legal description of the boundary of the proposed town; and
1048 (iv) substantially comply with and be circulated in the following form:
1049 PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
1050 town)
1051 To the Honorable County Legislative Body of (insert the name of the county in which
1052 the proposed town is located) County, Utah:
1053 We, the undersigned owners of real property and registered voters within the area
1054 described in this petition, respectfully petition the county legislative body for the area described
1055 in this petition to be incorporated as a town. Each of the undersigned affirms that each has
1056 personally signed this petition and is an owner of real property or a registered voter residing
1057 within the described area, and that the current residence address of each is correctly written
1058 after the signer's name. The area proposed to be incorporated as a town is described as follows:
1059 (insert an accurate description of the area proposed to be incorporated).
1060 (c) A petition under this Subsection (4) may not describe an area that includes some or
1061 all of an area proposed for annexation in an annexation petition under Section 10-2-403 that:
1062 (i) was filed before the filing of the petition; and
1063 (ii) is still pending on the date the petition is filed.
1064 (d) A petition may not be filed under this section if the private real property owned by
1065 the petition sponsors, designated under Subsection (4)(b)(ii), cumulatively exceeds 40% of the
1066 total private land area within the area proposed to be incorporated as a town.
1067 (e) A signer of a petition under this Subsection (4) may withdraw or, after withdrawn,
1068 reinstate the signer's signature on the petition:
1069 (i) at any time until the county clerk certifies the petition under Subsection (6); and
1070 (ii) by filing a signed, written withdrawal or reinstatement with the county clerk.
1071 (5) (a) If a petition is filed under Subsection (4)(a) proposing to incorporate as a town
1072 an area located within a county of the first class, the county clerk shall deliver written notice of
1073 the proposed incorporation:
1074 (i) to each owner of private real property owning more than 1% of the assessed value
1075 of all private real property within the area proposed to be incorporated as a town; and
1076 (ii) within seven calendar days after the date on which the petition is filed.
1077 (b) A private real property owner described in Subsection (5)(a)(i) may exclude all or
1078 part of the owner's property from the area proposed to be incorporated as a town by filing a
1079 notice of exclusion:
1080 (i) with the county clerk; and
1081 (ii) within ten calendar days after receiving the clerk's notice under Subsection (5)(a).
1082 (c) The county legislative body shall exclude from the area proposed to be incorporated
1083 as a town the property identified in the notice of exclusion under Subsection (5)(b) if:
1084 (i) the property:
1085 (A) is nonurban; and
1086 (B) does not and will not require a municipal service; and
1087 (ii) exclusion will not leave an unincorporated island within the proposed town.
1088 (d) If the county legislative body excludes property from the area proposed to be
1089 incorporated as a town, the county legislative body shall send written notice of the exclusion to
1090 the contact sponsor within five days after the exclusion.
1091 (6) Within 20 days after the filing of a petition under Subsection (4), the county clerk
1092 shall:
1093 (a) with the assistance of other county officers from whom the clerk requests
1094 assistance, determine whether the petition complies with the requirements of Subsection (4);
1095 and
1096 (b) (i) if the clerk determines that the petition complies with those requirements:
1097 (A) certify the petition and deliver the certified petition to the county legislative body;
1098 and
1099 (B) mail or deliver written notification of the certification to:
1100 (I) the contact sponsor;
1101 (II) if applicable, the chair of the planning commission of each township in which any
1102 part of the area proposed for incorporation is located; and
1103 (III) the Utah Population Estimates Committee; or
1104 (ii) if the clerk determines that the petition fails to comply with any of those
1105 requirements, reject the petition and notify the contact sponsor in writing of the rejection and
1106 the reasons for the rejection.
1107 (7) (a) (i) A petition that is rejected under Subsection (6)(b)(ii) may be amended to
1108 correct a deficiency for which it was rejected and then refiled with the county clerk.
1109 (ii) A valid signature on a petition filed under Subsection (4)(a) may be used toward
1110 fulfilling the signature requirement of Subsection (4)(b) for the same petition that is amended
1111 under Subsection (7)(a)(i) and then refiled with the county clerk.
1112 (b) If a petition is amended and refiled under Subsection (7)(a)(i) after having been
1113 rejected by the county clerk under Subsection (6)(b)(ii):
1114 (i) the amended petition shall be considered as a newly filed petition; and
1115 (ii) the amended petition's processing priority is determined by the date on which it is
1116 refiled.
1117 (8) (a) (i) The legislative body of a county with which a petition is filed under
1118 Subsection (4) may, at its option and upon the petition being certified under Subsection (6),
1119 commission and pay for a financial feasibility study.
1120 (ii) If the county legislative body chooses to commission a financial feasibility study,
1121 the county legislative body shall:
1122 (A) within 20 days after the incorporation petition is certified, select and engage a
1123 feasibility consultant; and
1124 (B) require the feasibility consultant to complete the financial feasibility study and
1125 submit written results of the study to the county legislative body no later than 30 days after the
1126 feasibility consultant is engaged to conduct the financial feasibility study.
1127 (b) The county legislative body shall approve a petition proposing the incorporation of
1128 a town and hold an election for town officers, as provided in Subsection (9), if:
1129 (i) the county clerk has certified the petition under Subsection (6); and
1130 (ii) (A) (I) the county legislative body has commissioned a financial feasibility study
1131 under Subsection (8)(a); and
1132 (II) the results of the financial feasibility study show that the average annual amount of
1133 revenues described in Subsection (1)(b)(i) does not exceed the average annual amount of costs
1134 described in Subsection (1)(b)(ii) by more than 10%; or
1135 (B) the county legislative body chooses not to commission a financial feasibility study.
1136 (c) (i) If the county legislative body commissions a financial feasibility study under
1137 Subsection (8)(a) and the results of the financial feasibility study show that the average annual
1138 amount of revenues described in Subsection (1)(b)(i) exceeds the average annual amount of
1139 costs described in Subsection (1)(b)(ii) by more than 10%, the county legislative body may:
1140 (A) deny the petition, subject to Subsection (8)(c)(ii), if the results of the financial
1141 feasibility study show that the average annual amount of revenues described in Subsection
1142 (1)(b)(i) exceeds the average annual amount of costs described in Subsection (1)(b)(ii) by 25%
1143 or more;
1144 (B) approve the petition and hold an election for town officers, as provided in
1145 Subsection (9); or
1146 (C) (I) with the consent of the petition sponsors:
1147 (Aa) impose conditions to mitigate the fiscal inequities identified in the financial
1148 feasibility study; or
1149 (Bb) alter the boundaries of the area proposed to be incorporated as a town to
1150 approximate the boundaries necessary to prevent the average annual amount of revenues
1151 described in Subsection (1)(b)(i) from exceeding the average annual amount of costs described
1152 in Subsection (1)(b)(ii); and
1153 (II) approve the incorporation petition and hold an election for town officers, as
1154 provided in Subsection (9).
1155 (ii) A county legislative body intending to deny a petition under Subsection (8)(c)(i)(A)
1156 shall deny the petition within 20 days after the feasibility consultant submits the written results
1157 of the financial feasibility study.
1158 (d) Each town that incorporates pursuant to a petition approved after the county
1159 legislative body imposes conditions under Subsection (8)(c)(i)(C)(I) shall comply with those
1160 conditions.
1161 (9) (a) The legislative body of the county in which the proposed new town is located
1162 shall hold the election for town officers provided for in Subsection (8) within:
1163 (i) 45 days after the petition is certified, for an election under Subsection (8)(b)(ii)(B);
1164 (ii) 45 days after the feasibility consultant submits the written results of the financial
1165 feasibility study, for an election under Subsection (8)(b)(ii)(A) or (8)(c)(i)(B); or
1166 (iii) 60 days after the feasibility consultant submits the written results of the financial
1167 feasibility study, for an election under Subsection (8)(c)(i)(C).
1168 (b) The officers elected at an election under Subsection (9)(a) shall take office:
1169 (i) at noon on the first Monday in January next following the election, if the election is
1170 held on a regular general or municipal general election date; or
1171 (ii) at noon on the first day of the month next following the effective date of the
1172 incorporation under Subsection (12), if the election of officers is held on any other date.
1173 (10) Each newly incorporated town shall operate under the five-member council form
1174 of government as defined in Section 10-3b-102 .
1175 (11) (a) Within seven days after the canvass of the election of town officers under
1176 Subsection (9), the mayor-elect of the new town shall file at least three copies of the articles of
1177 incorporation of the new town with the lieutenant governor.
1178 (b) The articles of incorporation shall meet the requirements of Subsection
1179 10-2-119 (2).
1180 (12) A new town is incorporated:
1181 (a) on December 31 of the year in which the lieutenant governor issues a certificate of
1182 entity creation for the town under Section 67-1a-6.5 , if the election of town officers under
1183 Subsection (9) is held on a regular general or municipal general election date; or
1184 (b) on the last day of the month during which the lieutenant governor issues a
1185 certificate of entity creation for the town under Section 67-1a-6.5 , if the election of town
1186 officers under Subsection (9) is held on any other date.
1187 (13) For each petition filed before March 5, 2008:
1188 (a) the petition is subject to and governed by the law in effect at the time the petition
1189 was filed; and
1190 (b) the law in effect at the time the petition was filed governs in all administrative and
1191 judicial proceedings relating to the petition.
1192 Section 19. Section 10-2-406 is amended to read:
1193 10-2-406. Notice of certification -- Publishing and providing notice of petition.
1194 (1) After receipt of the notice of certification from the city recorder or town clerk under
1195 Subsection 10-2-405 (2)(c)(i), the municipal legislative body shall:
1196 (a) (i) publish a notice at least once a week for three successive weeks, beginning no
1197 later than ten days after receipt of the notice of certification, [
1198
1199 (A) the area proposed for annexation; and
1200 (B) the unincorporated area within 1/2 mile of the area proposed for annexation; [
1201 and
1202 (ii) [
1203 notices in conspicuous places within those areas that are most likely to give notice to residents
1204 within those areas; and
1205 (b) within 20 days of receipt of the notice of certification under Subsection
1206 10-2-405 (2)(c)(i), mail written notice to each affected entity.
1207 (2) (a) The notice under Subsections (1)(a) and (b) shall:
1208 (i) state that a petition has been filed with the municipality proposing the annexation of
1209 an area to the municipality;
1210 (ii) state the date of the municipal legislative body's receipt of the notice of certification
1211 under Subsection 10-2-405 (2)(c)(i);
1212 (iii) describe the area proposed for annexation in the annexation petition;
1213 (iv) state that the complete annexation petition is available for inspection and copying
1214 at the office of the city recorder or town clerk;
1215 (v) state in conspicuous and plain terms that the municipality may grant the petition
1216 and annex the area described in the petition unless, within the time required under Subsection
1217 10-2-407 (2)(a)(i)(A), a written protest to the annexation petition is filed with the commission
1218 and a copy of the protest delivered to the city recorder or town clerk of the proposed annexing
1219 municipality;
1220 (vi) state the address of the commission or, if a commission has not yet been created in
1221 the county, the county clerk, where a protest to the annexation petition may be filed;
1222 (vii) state that the area proposed for annexation to the municipality will also
1223 automatically be annexed to a local district providing fire protection, paramedic, and
1224 emergency services, as provided in Section 17B-1-416 , if:
1225 (A) the proposed annexing municipality is entirely within the boundaries of a local
1226 district:
1227 (I) that provides fire protection, paramedic, and emergency services; and
1228 (II) in the creation of which an election was not required because of Subsection
1229 17B-1-214 (3)(c); and
1230 (B) the area proposed to be annexed to the municipality is not already within the
1231 boundaries of the local district; and
1232 (viii) state that the area proposed for annexation to the municipality will be
1233 automatically withdrawn from a local district providing fire protection, paramedic, and
1234 emergency services, as provided in Subsection 17B-1-502 (2), if:
1235 (A) the petition proposes the annexation of an area that is within the boundaries of a
1236 local district:
1237 (I) that provides fire protection, paramedic, and emergency services; and
1238 (II) in the creation of which an election was not required because of Subsection
1239 17B-1-214 (3)(c); and
1240 (B) the proposed annexing municipality is not within the boundaries of the local
1241 district.
1242 (b) The statement required by Subsection (2)(a)(v) shall state the deadline for filing a
1243 written protest in terms of the actual date rather than by reference to the statutory citation.
1244 (c) In addition to the requirements under Subsection (2)(a), a notice under Subsection
1245 (1)(a) for a proposed annexation of an area within a county of the first class shall include a
1246 statement that a protest to the annexation petition may be filed with the commission by
1247 property owners if it contains the signatures of the owners of private real property that:
1248 (i) is located in the unincorporated area within 1/2 mile of the area proposed for
1249 annexation;
1250 (ii) covers at least 25% of the private land area located in the unincorporated area
1251 within 1/2 mile of the area proposed for annexation; and
1252 (iii) is equal in value to at least 15% of all real property located in the unincorporated
1253 area within 1/2 mile of the area proposed for annexation.
1254 Section 20. Section 10-2-407 is amended to read:
1255 10-2-407. Protest to annexation petition -- Township planning commission
1256 recommendation -- Petition requirements -- Disposition of petition if no protest filed.
1257 (1) (a) A protest to an annexation petition under Section 10-2-403 may be filed by:
1258 (i) the legislative body or governing board of an affected entity; or
1259 (ii) for a proposed annexation of an area within a county of the first class, the owners
1260 of private real property that:
1261 (A) is located in the unincorporated area within 1/2 mile of the area proposed for
1262 annexation;
1263 (B) covers at least 25% of the private land area located in the unincorporated area
1264 within 1/2 mile of the area proposed for annexation; and
1265 (C) is equal in value to at least 15% of all real property located in the unincorporated
1266 area within 1/2 mile of the area proposed for annexation.
1267 (b) (i) A planning commission of a township located in a county of the first class may
1268 recommend to the legislative body of the county in which the township is located that the
1269 county legislative body file a protest against a proposed annexation under this part of an area
1270 located within the township.
1271 (ii) (A) The township planning commission shall communicate each recommendation
1272 under Subsection (1)(b)(i) in writing to the county legislative body within 30 days of the city
1273 recorder or town clerk's certification of the annexation petition under Subsection 10-2-405 (2)
1274 (c)(i).
1275 (B) At the time the recommendation is communicated to the county legislative body
1276 under Subsection (1)(b)(ii)(A), the township planning commission shall mail or deliver a copy
1277 of the recommendation to the legislative body of the proposed annexing municipality and to the
1278 contact sponsor.
1279 (2) (a) Each protest under Subsection (1)(a) shall:
1280 (i) be filed:
1281 (A) no later than 30 days after the municipal legislative body's receipt of the notice of
1282 certification under Subsection 10-2-405 (2)(c)(i); and
1283 (B) (I) in a county that has already created a commission under Section 10-2-409 , with
1284 the commission; or
1285 (II) in a county that has not yet created a commission under Section 10-2-409 , with the
1286 clerk of the county in which the area proposed for annexation is located; and
1287 (ii) state each reason for the protest of the annexation petition and, if the area proposed
1288 to be annexed is located in a specified county, justification for the protest under the standards
1289 established in this chapter;
1290 (iii) if the area proposed to be annexed is located in a specified county, contain other
1291 information that the commission by rule requires or that the party filing the protest considers
1292 pertinent; and
1293 (iv) the name and address of a contact person who is to receive notices sent by the
1294 commission with respect to the protest proceedings.
1295 (b) The party filing a protest under this section shall on the same date deliver or mail a
1296 copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
1297 (c) Each clerk who receives a protest under Subsection (2)(a)(i)(B)(II) shall
1298 immediately notify the county legislative body of the protest and shall deliver the protest to the
1299 boundary commission within five days of its creation under Subsection 10-2-409 (1)(b).
1300 (d) Each protest of a proposed annexation of an area located in a county of the first
1301 class under Subsection (1)(a)(ii) shall, in addition to the requirements of Subsections (2)(a) and
1302 (b):
1303 (i) indicate the typed or printed name and current residence address of each owner
1304 signing the protest; and
1305 (ii) designate one of the signers of the protest as the contact person and state the
1306 mailing address of the contact person.
1307 (3) (a) (i) If a protest is filed under this section:
1308 (A) the municipal legislative body may, at its next regular meeting after expiration of
1309 the deadline under Subsection (2)(a)(i)(A) and, for a proposed annexation of an area located in
1310 a county of the first class, except as provided in Subsection (3)(a)(iii), deny the annexation
1311 petition; or
1312 (B) if the municipal legislative body does not deny the annexation petition under
1313 Subsection (3)(a)(i)(A), the municipal legislative body may take no further action on the
1314 annexation petition until after receipt of the commission's notice of its decision on the protest
1315 under Section 10-2-416 .
1316 (ii) If a municipal legislative body denies an annexation petition under Subsection
1317 (3)(a)(i)(A), the municipal legislative body shall, within five days of the denial, send notice of
1318 the denial in writing to:
1319 (A) the contact sponsor of the annexation petition;
1320 (B) the commission;
1321 (C) each entity that filed a protest; and
1322 (D) if a protest was filed under Subsection (1)(a)(ii) for a proposed annexation of an
1323 area located in a county of the first class, the contact person.
1324 (iii) A municipal legislative body may not deny an annexation petition proposing to
1325 annex an area located in a county of the first class if:
1326 (A) the petition contains the signatures of the owners of private real property that:
1327 (I) is located within the area proposed for annexation;
1328 (II) covers a majority of the private land area within the area proposed for annexation;
1329 and
1330 (III) is equal in value to at least 1/2 of the value of all private real property within the
1331 area proposed for annexation;
1332 (B) the population in the area proposed for annexation does not exceed 10% of the
1333 population of the proposed annexing municipality;
1334 (C) the property tax rate for municipal services in the area proposed to be annexed is
1335 higher than the property tax rate of the proposed annexing municipality; and
1336 (D) all annexations by the proposed annexing municipality during the year that the
1337 petition was filed have not increased the municipality's population by more than 20%.
1338 (b) (i) If no timely protest is filed under this section, the municipal legislative body
1339 may, subject to Subsection (3)(b)(ii), grant the petition and, by ordinance, annex the area that is
1340 the subject of the annexation petition.
1341 (ii) Before granting an annexation petition under Subsection (3)(b)(i), the municipal
1342 legislative body shall:
1343 (A) hold a public hearing; and
1344 (B) at least seven days before the public hearing under Subsection (3)(b)(ii)(A):
1345 (I) publish notice of the hearing [
1346
1347 described in Section 63F-1-701 ; [
1348 (II) [
1349 of the hearing in conspicuous places within those areas that are most likely to give notice to
1350 residents within those areas.
1351 Section 21. Section 10-2-415 is amended to read:
1352 10-2-415. Public hearing -- Notice.
1353 (1) (a) (i) If the results of the feasibility study or supplemental feasibility study meet
1354 the requirements of Subsection 10-2-416 (3) with respect to a proposed annexation of an area
1355 located in a county of the first class, the commission shall hold a public hearing within 30 days
1356 of receipt of the feasibility study or supplemental feasibility study results.
1357 (ii) At the hearing under Subsection (1)(a)(i), the commission shall:
1358 (A) require the feasibility consultant to present the results of the feasibility study and, if
1359 applicable, the supplemental feasibility study;
1360 (B) allow those present to ask questions of the feasibility consultant regarding the study
1361 results; and
1362 (C) allow those present to speak to the issue of annexation.
1363 (iii) (A) The commission shall:
1364 (I) publish notice of each hearing under Subsection (1)(a)(i) at least once a week for
1365 two successive weeks [
1366
1367
1368 (II) send written notice of the hearing to the municipal legislative body of the proposed
1369 annexing municipality, the contact sponsor on the annexation petition, each entity that filed a
1370 protest, and, if a protest was filed under Subsection 10-2-407 (1)(a)(ii), the contact person.
1371 [
1372
1373
1374
1375 [
1376 shall include the feasibility study summary under Subsection 10-2-413 (2)(b) and shall indicate
1377 that a full copy of the study is available for inspection and copying at the office of the
1378 commission.
1379 (b) (i) Within 30 days after the time under Subsection 10-2-407 (2) for filing a protest
1380 has expired with respect to a proposed annexation of an area located in a specified county, the
1381 boundary commission shall hold a hearing on all protests that were filed with respect to the
1382 proposed annexation.
1383 (ii) (A) At least 14 days before the date of each hearing under Subsection (1)(b)(i), the
1384 commission chair shall cause notice of the hearing to be published [
1385
1386 described in Section 63F-1-701 .
1387 (B) Each notice under Subsection (1)(b)(ii)(A) shall:
1388 (I) state the date, time, and place of the hearing;
1389 (II) briefly summarize the nature of the protest; and
1390 (III) state that a copy of the protest is on file at the commission's office.
1391 (iii) The commission may continue a hearing under Subsection (1)(b)(i) from time to
1392 time, but no continued hearing may be held later than 60 days after the original hearing date.
1393 (iv) In considering protests, the commission shall consider whether the proposed
1394 annexation:
1395 (A) complies with the requirements of Sections 10-2-402 and 10-2-403 and the
1396 annexation policy plan of the proposed annexing municipality;
1397 (B) conflicts with the annexation policy plan of another municipality; and
1398 (C) if the proposed annexation includes urban development, will have an adverse tax
1399 consequence on the remaining unincorporated area of the county.
1400 (2) (a) The commission shall record each hearing under this section by electronic
1401 means.
1402 (b) A transcription of the recording under Subsection (2)(a), the feasibility study, if
1403 applicable, information received at the hearing, and the written decision of the commission
1404 shall constitute the record of the hearing.
1405 Section 22. Section 10-2-418 is amended to read:
1406 10-2-418. Annexation of an island or peninsula without a petition -- Notice --
1407 Hearing.
1408 (1) (a) Notwithstanding Subsection 10-2-402 (2), a municipality may annex an
1409 unincorporated area under this section without an annexation petition if:
1410 (i) (A) the area to be annexed consists of one or more unincorporated islands within or
1411 unincorporated peninsulas contiguous to the municipality;
1412 (B) the majority of each island or peninsula consists of residential or commercial
1413 development;
1414 (C) the area proposed for annexation requires the delivery of municipal-type services;
1415 and
1416 (D) the municipality has provided most or all of the municipal-type services to the area
1417 for more than one year; or
1418 (ii) (A) the area to be annexed consists of one or more unincorporated islands within or
1419 unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800
1420 residents; and
1421 (B) the municipality has provided one or more municipal-type services to the area for
1422 at least one year.
1423 (b) Notwithstanding Subsection 10-2-402 (1)(b)(iii), a municipality may annex a
1424 portion of an island or peninsula under this section, leaving unincorporated the remainder of
1425 the unincorporated island or peninsula, if:
1426 (i) in adopting the resolution under Subsection (2)(a)(i), the municipal legislative body
1427 determines that not annexing the entire unincorporated island or peninsula is in the
1428 municipality's best interest; and
1429 (ii) for an annexation of one or more unincorporated islands under Subsection
1430 (1)(a)(ii), the entire island of unincorporated area, of which a portion is being annexed,
1431 complies with the requirement of Subsection (1)(a)(ii)(A) relating to the number of residents.
1432 (2) (a) The legislative body of each municipality intending to annex an area under this
1433 section shall:
1434 (i) adopt a resolution indicating the municipal legislative body's intent to annex the
1435 area, describing the area proposed to be annexed;
1436 (ii) (A) publish notice at least once a week for three successive weeks [
1437
1438 Utah Public Notice Website as described in Section 63F-1-701 ; and
1439 (B) [
1440
1441 most likely to give notice to the residents of those areas;
1442 (iii) send written notice to the board of each local district and special service district
1443 whose boundaries contain some or all of the area proposed for annexation and to the legislative
1444 body of the county in which the area proposed for annexation is located; and
1445 (iv) hold a public hearing on the proposed annexation no earlier than 30 days after the
1446 adoption of the resolution under Subsection (2)(a)(i).
1447 (b) Each notice under Subsections (2)(a)(ii) and (iii) shall:
1448 (i) state that the municipal legislative body has adopted a resolution indicating its intent
1449 to annex the area proposed for annexation;
1450 (ii) state the date, time, and place of the public hearing under Subsection (2)(a)(iv);
1451 (iii) describe the area proposed for annexation; and
1452 (iv) except for an annexation that meets the property owner consent requirements of
1453 Subsection (3)(b), state in conspicuous and plain terms that the municipal legislative body will
1454 annex the area unless, at or before the public hearing under Subsection (2)(a)(iv), written
1455 protests to the annexation are filed by the owners of private real property that:
1456 (A) is located within the area proposed for annexation;
1457 (B) covers a majority of the total private land area within the entire area proposed for
1458 annexation; and
1459 (C) is equal in value to at least 1/2 the value of all private real property within the
1460 entire area proposed for annexation.
1461 (c) The first publication of the notice required under Subsection (2)(a)(ii)(A) shall be
1462 within 14 days of the municipal legislative body's adoption of a resolution under Subsection
1463 (2)(a)(i).
1464 (3) (a) Upon conclusion of the public hearing under Subsection (2)(a)(iv), the
1465 municipal legislative body may adopt an ordinance annexing the area proposed for annexation
1466 under this section unless, at or before the hearing, written protests to the annexation have been
1467 filed with the city recorder or town clerk, as the case may be, by the owners of private real
1468 property that:
1469 (i) is located within the area proposed for annexation;
1470 (ii) covers a majority of the total private land area within the entire area proposed for
1471 annexation; and
1472 (iii) is equal in value to at least 1/2 the value of all private real property within the
1473 entire area proposed for annexation.
1474 (b) (i) Upon conclusion of the public hearing under Subsection (2)(a)(iv), a
1475 municipality may adopt an ordinance annexing the area proposed for annexation under this
1476 section without allowing or considering protests under Subsection (3)(a) if the owners of at
1477 least 75% of the total private land area within the entire area proposed for annexation,
1478 representing at least 75% of the value of the private real property within the entire area
1479 proposed for annexation, have consented in writing to the annexation.
1480 (ii) Upon adoption of an annexation ordinance under Subsection (3)(b)(i), the area
1481 annexed shall be conclusively presumed to be validly annexed.
1482 (4) (a) If protests are timely filed that comply with Subsection (3), the municipal
1483 legislative body may not adopt an ordinance annexing the area proposed for annexation, and
1484 the annexation proceedings under this section shall be considered terminated.
1485 (b) Subsection (4)(a) may not be construed to prohibit the municipal legislative body
1486 from excluding from a proposed annexation under Subsection (1)(a)(ii) the property within an
1487 unincorporated island regarding which protests have been filed and proceeding under
1488 Subsection (1)(b) to annex some or all of the remaining portion of the unincorporated island.
1489 Section 23. Section 10-2-419 is amended to read:
1490 10-2-419. Boundary adjustment -- Notice and hearing -- Protest.
1491 (1) The legislative bodies of two or more municipalities having common boundaries
1492 may adjust their common boundaries as provided in this section.
1493 (2) (a) The legislative body of each municipality intending to adjust a boundary that is
1494 common with another municipality shall:
1495 (i) adopt a resolution indicating the intent of the municipal legislative body to adjust a
1496 common boundary;
1497 (ii) hold a public hearing on the proposed adjustment no less than 60 days after the
1498 adoption of the resolution under Subsection (2)(a)(i); and
1499 (iii) (A) publish notice at least once a week for three successive weeks [
1500
1501 described in Section 63F-1-701 ; and
1502 (B) [
1503 least one notice per 1,000 population in places within the municipality that are most likely to
1504 give notice to residents of the municipality.
1505 (b) The notice required under Subsection (2)(a)(iii) shall:
1506 (i) state that the municipal legislative body has adopted a resolution indicating the
1507 municipal legislative body's intent to adjust a boundary that the municipality has in common
1508 with another municipality;
1509 (ii) describe the area proposed to be adjusted;
1510 (iii) state the date, time, and place of the public hearing required under Subsection
1511 (2)(a)(ii);
1512 (iv) state in conspicuous and plain terms that the municipal legislative body will adjust
1513 the boundaries unless, at or before the public hearing under Subsection (2)(a)(ii), written
1514 protests to the adjustment are filed by the owners of private real property that:
1515 (A) is located within the area proposed for adjustment;
1516 (B) covers at least 25% of the total private land area within the area proposed for
1517 adjustment; and
1518 (C) is equal in value to at least 15% of the value of all private real property within the
1519 area proposed for adjustment; [
1520 (v) state that the area that is the subject of the boundary adjustment will, because of the
1521 boundary adjustment, be automatically annexed to a local district providing fire protection,
1522 paramedic, and emergency services, as provided in Section 17B-1-416 , if:
1523 (A) the municipality to which the area is being added because of the boundary
1524 adjustment is entirely within the boundaries of a local district:
1525 (I) that provides fire protection, paramedic, and emergency services; and
1526 (II) in the creation of which an election was not required because of Subsection
1527 17B-1-214 (3)(c); and
1528 (B) the municipality from which the area is being taken because of the boundary
1529 adjustment is not within the boundaries of the local district; and
1530 (vi) state that the area proposed for annexation to the municipality will be
1531 automatically withdrawn from a local district providing fire protection, paramedic, and
1532 emergency services, as provided in Subsection 17B-1-502 (2), if:
1533 (A) the municipality to which the area is being added because of the boundary
1534 adjustment is not within the boundaries of a local district:
1535 (I) that provides fire protection, paramedic, and emergency services; and
1536 (II) in the creation of which an election was not required because of Subsection
1537 17B-1-214 (3)(c); and
1538 (B) the municipality from which the area is being taken because of the boundary
1539 adjustment is entirely within the boundaries of the local district.
1540 (c) The first publication of the notice required under Subsection (2)(a)(iii)(A) shall be
1541 within 14 days of the municipal legislative body's adoption of a resolution under Subsection
1542 (2)(a)(i).
1543 (3) Upon conclusion of the public hearing under Subsection (2)(a)(ii), the municipal
1544 legislative body may adopt an ordinance adjusting the common boundary unless, at or before
1545 the hearing under Subsection (2)(a)(ii), written protests to the adjustment have been filed with
1546 the city recorder or town clerk, as the case may be, by the owners of private real property that:
1547 (a) is located within the area proposed for adjustment;
1548 (b) covers at least 25% of the total private land area within the area proposed for
1549 adjustment; and
1550 (c) is equal in value to at least 15% of the value of all private real property within the
1551 area proposed for adjustment.
1552 (4) The municipal legislative body shall comply with the requirements of Section
1553 10-2-425 as if the boundary change were an annexation.
1554 (5) An ordinance adopted under Subsection (3) becomes effective when each
1555 municipality involved in the boundary adjustment has adopted an ordinance under Subsection
1556 (3) and as determined under Subsection 10-2-425 (5) if the boundary change were an
1557 annexation.
1558 Section 24. Section 10-2-501 is amended to read:
1559 10-2-501. Municipal disconnection -- Definitions -- Request for disconnection --
1560 Requirements upon filing request.
1561 (1) As used in this part "petitioners" means persons who:
1562 (a) own title to real property within the area proposed for disconnection; and
1563 (b) have signed a request for disconnection proposing to disconnect that area from the
1564 municipality.
1565 (2) (a) Petitioners proposing to disconnect an area within and lying on the borders of a
1566 municipality shall file with that municipality's legislative body a request for disconnection.
1567 (b) Each request for disconnection shall:
1568 (i) contain the names, addresses, and signatures of the owners of more than 50% of the
1569 real property in the area proposed for disconnection;
1570 (ii) give the reasons for the proposed disconnection;
1571 (iii) include a map or plat of the territory proposed for disconnection; and
1572 (iv) designate between one and five persons with authority to act on the petitioners'
1573 behalf in the proceedings.
1574 (3) Upon filing the request for disconnection, petitioners shall:
1575 (a) cause notice of the request to be published once a week for three consecutive weeks
1576 [
1577 Website as described in Section 63F-1-701 ;
1578 (b) cause notice of the request to be mailed to each owner of real property located
1579 within the area proposed to be disconnected; and
1580 (c) deliver a copy of the request to the legislative body of the county in which the area
1581 proposed for disconnection is located.
1582 Section 25. Section 10-2-502.5 is amended to read:
1583 10-2-502.5. Hearing on request for disconnection -- Determination by municipal
1584 legislative body -- Petition in district court.
1585 (1) Within 30 calendar days after the last publication of notice required under
1586 Subsection 10-2-501 (3)(a), the legislative body of the municipality in which the area proposed
1587 for disconnection is located shall hold a public hearing.
1588 (2) At least seven calendar days before the hearing date, the municipal legislative body
1589 shall provide notice of the public hearing:
1590 (a) in writing to the petitioners and to the legislative body of the county in which the
1591 area proposed for disconnection is located; and
1592 (b) by publishing a notice [
1593
1594 Section 63F-1-701 and by posting notice of the hearing in at least three public places within the
1595 municipality.
1596 (3) In the public hearing, any person may speak and submit documents regarding the
1597 disconnection proposal.
1598 (4) Within 45 calendar days of the hearing, the municipal legislative body shall:
1599 (a) determine whether to grant the request for disconnection; and
1600 (b) if the municipality determines to grant the request, adopt an ordinance approving
1601 disconnection of the area from the municipality.
1602 (5) (a) A petition against the municipality challenging the municipal legislative body's
1603 determination under Subsection (4) may be filed in district court by:
1604 (i) petitioners; or
1605 (ii) the county in which the area proposed for disconnection is located.
1606 (b) Each petition under Subsection (5)(a) shall include a copy of the request for
1607 disconnection.
1608 Section 26. Section 10-2-607 is amended to read:
1609 10-2-607. Notice of election.
1610 If the county legislative bodies find that the resolution or petition for consolidation and
1611 their attachments substantially conform with the requirements of this part, they shall give
1612 notice of the election for consolidation to the electors of each municipality which would
1613 become part of the consolidated municipality by publication [
1614
1615 Notice Website as described in Section 63F-1-701 at least once a week for four consecutive
1616 weeks prior to the election on the question of consolidation.
1617 Section 27. Section 10-2-703 is amended to read:
1618 10-2-703. Publication of notice of election.
1619 Immediately after setting the date for the election, the court shall order publication for
1620 at least once a week for a period of one month [
1621
1622 Section 63F-1-701 and by posting in at least three public places in the municipality, notice of
1623 the petition and of the date the election is to be held to determine the question of dissolution.
1624 Section 28. Section 10-2-708 is amended to read:
1625 10-2-708. Notice of disincorporation -- Publication and filing.
1626 When any municipality has been dissolved, the clerk of the court shall cause a notice
1627 thereof to be published [
1628
1629 at least once a week for four consecutive weeks.
1630 Section 29. Section 10-3-818 is amended to read:
1631 10-3-818. Salaries in municipalities.
1632 (1) The elective and statutory officers of municipalities shall receive such
1633 compensation for their services as the governing body may fix by ordinance adopting
1634 compensation or compensation schedules enacted after public hearing.
1635 (2) Upon its own motion the governing body may review or consider the compensation
1636 of any officer or officers of the municipality or a salary schedule applicable to any officer or
1637 officers of the city for the purpose of determining whether or not it should be adopted, changed,
1638 or amended. In the event that the governing body decides that the compensation or
1639 compensation schedules should be adopted, changed, or amended, it shall set a time and place
1640 for a public hearing at which all interested persons shall be given an opportunity to be heard.
1641 (3) Notice of the time, place, and purpose of the meeting shall be published at least
1642 seven days prior thereto by publication at least once [
1643
1644
1645 described in Section 63F-1-701 and by posting this notice in three public places in the
1646 municipality.
1647 (4) After the conclusion of the public hearing, the governing body may enact an
1648 ordinance fixing, changing, or amending the compensation of any elective or appointive officer
1649 of the municipality or adopting a compensation schedule applicable to any officer or officers.
1650 (5) Any ordinance enacted before Laws of Utah 1977, Chapter 48, by a municipality
1651 establishing a salary or compensation schedule for its elective or appointive officers and any
1652 salary fixed prior to Laws of Utah 1977, Chapter 48, shall remain effective until the
1653 municipality has enacted an ordinance pursuant to the provisions of this chapter.
1654 (6) The compensation of all municipal officers shall be paid at least monthly out of the
1655 municipal treasury provided that municipalities having 1,000 or fewer population may by
1656 ordinance provide for the payment of its statutory officers less frequently. None of the
1657 provisions of this chapter shall be considered as limiting or restricting the authority to any
1658 municipality that has adopted or does adopt a charter pursuant to Utah Constitution, Article XI,
1659 Section 5, to determine the salaries of its elective and appointive officers or employees.
1660 Section 30. Section 10-5-108 is amended to read:
1661 10-5-108. Budget hearing -- Notice -- Adjustments.
1662 (1) Prior to the adoption of the final budget, each town council shall hold a public
1663 hearing to receive public comment.
1664 (2) The council shall provide notice of the place, purpose, and time of the public
1665 hearing by publishing notice at least seven days before the hearing [
1666
1667 the Utah Public Notice Website as described in Section 63F-1-701 and by posting the notice in
1668 three public places at least 48 hours prior to the hearing.
1669 (3) After the hearing, the council, subject to Section 10-5-110 , may adjust expenditures
1670 and revenues in conformity with this chapter.
1671 Section 31. Section 10-6-113 is amended to read:
1672 10-6-113. Budget -- Notice of hearing to consider adoption.
1673 At the meeting at which each tentative budget is adopted, the governing body shall
1674 establish the time and place of a public hearing to consider its adoption and shall order that
1675 notice thereof be published at least seven days prior to the hearing [
1676
1677
1678 Notice Website as described in Section 63F-1-701 and by posting in three public places within
1679 the city.
1680 Section 32. Section 10-6-152 is amended to read:
1681 10-6-152. Notice that audit completed and available for inspection.
1682 Within ten days following the receipt of the audit report furnished by the independent
1683 auditor, the city auditor in cities having an auditor and the city recorder in all other cities shall
1684 prepare and publish at least twice [
1685
1686 public that the audit of the city has been completed and a copy thereof may be inspected at the
1687 office of the city auditor or recorder[
1688
1689 Section 33. Section 10-7-16 is amended to read:
1690 10-7-16. Call for bids -- Notice -- Contents.
1691 (1) (a) Before holding an election under Subsection 10-7-15 (1)(a)(ii), the municipal
1692 legislative body shall open to bid the sale or lease of the property mentioned in Section
1693 10-7-15 .
1694 (b) The municipal legislative body shall cause notice of the bid process to be given by
1695 publication for at least three consecutive weeks [
1696
1697 63F-1-701 , giving a general description of the property to be sold or leased, and specifying the
1698 time when sealed bids for the property, or for a lease on the property, will be received, and the
1699 time when and the place where the bids will be opened.
1700 (2) (a) As used in this section and in Section 10-7-17 , "responsible bidder" means an
1701 entity with a proven history of successful operation of an electrical generation and distribution
1702 system, or an equivalent proven history.
1703 (b) Subject to Subsection (2)(c), a municipal legislative body may receive or refuse to
1704 receive any bid submitted for the sale or lease of the electrical works and plant.
1705 (c) A municipal legislative body may not receive a bid unless the municipal legislative
1706 body determines that the bid is submitted by a responsible bidder.
1707 Section 34. Section 10-7-19 is amended to read:
1708 10-7-19. Election to authorize -- Notice -- Ballots.
1709 The board of commissioners or city council of any city or the board of trustees of any
1710 incorporated town is authorized to aid and encourage the building of railroads by granting to
1711 any railroad company for depot or other railroad purposes real property of such city or
1712 incorporated town, not necessary for municipal or public purposes, upon such limitations and
1713 conditions as the board of commissioners, council or board of trustees may prescribe; provided,
1714 however, that no such grant shall be made to any railroad company unless the question of
1715 making it has been submitted to the qualified electors of the city or town at the next municipal
1716 election, or special election to be called for that purpose by the board of commissioners, city
1717 council or town board. If the question is submitted at a special election, it shall be held as
1718 nearly as practicable in conformity with the general election laws of the state. Notice of such
1719 election shall be given by publication [
1720
1721 63F-1-701 once a week for four weeks prior [
1722
1723 be printed and furnished to the qualified electors, which shall read: "For the proposed grant for
1724 depot or other railroad purposes: Yes. No." If a majority of the qualified electors voting thereon
1725 shall have voted in favor of such grant, the board of commissioners, city council or town board
1726 shall then proceed to convey the property to the railroad company.
1727 Section 35. Section 10-8-2 is amended to read:
1728 10-8-2. Appropriations -- Acquisition and disposal of property -- Municipal
1729 authority -- Corporate purpose -- Procedure -- Notice of intent to acquire real property.
1730 (1) (a) A municipal legislative body may:
1731 (i) appropriate money for corporate purposes only;
1732 (ii) provide for payment of debts and expenses of the corporation;
1733 (iii) subject to Subsections (4) and (5), purchase, receive, hold, sell, lease, convey, and
1734 dispose of real and personal property for the benefit of the municipality, whether the property is
1735 within or without the municipality's corporate boundaries, if the action is in the public interest
1736 and complies with other law;
1737 (iv) improve, protect, and do any other thing in relation to this property that an
1738 individual could do; and
1739 (v) subject to Subsection (2) and after first holding a public hearing, authorize
1740 municipal services or other nonmonetary assistance to be provided to or waive fees required to
1741 be paid by a nonprofit entity, whether or not the municipality receives consideration in return.
1742 (b) A municipality may:
1743 (i) furnish all necessary local public services within the municipality;
1744 (ii) purchase, hire, construct, own, maintain and operate, or lease public utilities
1745 located and operating within and operated by the municipality; and
1746 (iii) subject to Subsection (1)(c), acquire by eminent domain, or otherwise, property
1747 located inside or outside the corporate limits of the municipality and necessary for any of the
1748 purposes stated in Subsections (1)(b)(i) and (ii), subject to restrictions imposed by Title 78B,
1749 Chapter 6, Part 5, Eminent Domain, and general law for the protection of other communities.
1750 (c) Each municipality that intends to acquire property by eminent domain under
1751 Subsection (1)(b) shall, upon the first contact with the owner of the property sought to be
1752 acquired, deliver to the owner a copy of a booklet or other materials provided by the Office of
1753 the Property Rights Ombudsman, created under Section 13-43-201 , dealing with the property
1754 owner's rights in an eminent domain proceeding.
1755 (d) Subsection (1)(b) may not be construed to diminish any other authority a
1756 municipality may claim to have under the law to acquire by eminent domain property located
1757 inside or outside the municipality.
1758 (2) (a) Services or assistance provided pursuant to Subsection (1)(a)(v) is not subject to
1759 the provisions of Subsection (3).
1760 (b) The total amount of services or other nonmonetary assistance provided or fees
1761 waived under Subsection (1)(a)(v) in any given fiscal year may not exceed 1% of the
1762 municipality's budget for that fiscal year.
1763 (3) It is considered a corporate purpose to appropriate money for any purpose that, in
1764 the judgment of the municipal legislative body, provides for the safety, health, prosperity,
1765 moral well-being, peace, order, comfort, or convenience of the inhabitants of the municipality
1766 subject to the following:
1767 (a) The net value received for any money appropriated shall be measured on a
1768 project-by-project basis over the life of the project.
1769 (b) The criteria for a determination under this Subsection (3) shall be established by the
1770 municipality's legislative body. A determination of value received, made by the municipality's
1771 legislative body, shall be presumed valid unless it can be shown that the determination was
1772 arbitrary, capricious, or illegal.
1773 (c) The municipality may consider intangible benefits received by the municipality in
1774 determining net value received.
1775 (d) Prior to the municipal legislative body making any decision to appropriate any
1776 funds for a corporate purpose under this section, a public hearing shall be held. Notice of the
1777 hearing shall be published [
1778 Website as described in Section 63F-1-701 at least 14 days prior to the date of the hearing, [
1779
1780 conspicuous places within the municipality for the same time period.
1781 (e) A study shall be performed before notice of the public hearing is given and shall be
1782 made available at the municipality for review by interested parties at least 14 days immediately
1783 prior to the public hearing, setting forth an analysis and demonstrating the purpose for the
1784 appropriation. In making the study, the following factors shall be considered:
1785 (i) what identified benefit the municipality will receive in return for any money or
1786 resources appropriated;
1787 (ii) the municipality's purpose for the appropriation, including an analysis of the way
1788 the appropriation will be used to enhance the safety, health, prosperity, moral well-being,
1789 peace, order, comfort, or convenience of the inhabitants of the municipality; and
1790 (iii) whether the appropriation is necessary and appropriate to accomplish the
1791 reasonable goals and objectives of the municipality in the area of economic development, job
1792 creation, affordable housing, blight elimination, job preservation, the preservation of historic
1793 structures and property, and any other public purpose.
1794 (f) (i) An appeal may be taken from a final decision of the municipal legislative body,
1795 to make an appropriation.
1796 (ii) The appeal shall be filed within 30 days after the date of that decision, to the
1797 district court.
1798 (iii) Any appeal shall be based on the record of the proceedings before the legislative
1799 body.
1800 (iv) A decision of the municipal legislative body shall be presumed to be valid unless
1801 the appealing party shows that the decision was arbitrary, capricious, or illegal.
1802 (g) The provisions of this Subsection (3) apply only to those appropriations made after
1803 May 6, 2002.
1804 (h) This section applies only to appropriations not otherwise approved pursuant to Title
1805 10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, or Title 10, Chapter 6, Uniform
1806 Fiscal Procedures Act for Utah Cities.
1807 (4) (a) Before a municipality may dispose of a significant parcel of real property, the
1808 municipality shall:
1809 (i) provide reasonable notice of the proposed disposition at least 14 days before the
1810 opportunity for public comment under Subsection (4)(a)(ii); and
1811 (ii) allow an opportunity for public comment on the proposed disposition.
1812 (b) Each municipality shall, by ordinance, define what constitutes:
1813 (i) a significant parcel of real property for purposes of Subsection (4)(a); and
1814 (ii) reasonable notice for purposes of Subsection (4)(a)(i).
1815 (5) (a) Except as provided in Subsection (5)(d), each municipality intending to acquire
1816 real property for the purpose of expanding the municipality's infrastructure or other facilities
1817 used for providing services that the municipality offers or intends to offer shall provide written
1818 notice, as provided in this Subsection (5), of its intent to acquire the property if:
1819 (i) the property is located:
1820 (A) outside the boundaries of the municipality; and
1821 (B) in a county of the first or second class; and
1822 (ii) the intended use of the property is contrary to:
1823 (A) the anticipated use of the property under the general plan of the county in whose
1824 unincorporated area or the municipality in whose boundaries the property is located; or
1825 (B) the property's current zoning designation.
1826 (b) Each notice under Subsection (5)(a) shall:
1827 (i) indicate that the municipality intends to acquire real property;
1828 (ii) identify the real property; and
1829 (iii) be sent to:
1830 (A) each county in whose unincorporated area and each municipality in whose
1831 boundaries the property is located; and
1832 (B) each affected entity.
1833 (c) A notice under this Subsection (5) is a protected record as provided in Subsection
1834 63G-2-305 (7).
1835 (d) (i) The notice requirement of Subsection (5)(a) does not apply if the municipality
1836 previously provided notice under Section 10-9a-203 identifying the general location within the
1837 municipality or unincorporated part of the county where the property to be acquired is located.
1838 (ii) If a municipality is not required to comply with the notice requirement of
1839 Subsection (5)(a) because of application of Subsection (5)(d)(i), the municipality shall provide
1840 the notice specified in Subsection (5)(a) as soon as practicable after its acquisition of the real
1841 property.
1842 Section 36. Section 10-9a-204 is amended to read:
1843 10-9a-204. Notice of public hearings and public meetings to consider general plan
1844 or modifications.
1845 (1) Each municipality shall provide:
1846 (a) notice of the date, time, and place of the first public hearing to consider the original
1847 adoption or any modification of all or any portion of a general plan; and
1848 (b) notice of each public meeting on the subject.
1849 (2) Each notice of a public hearing under Subsection (1)(a) shall be at least ten
1850 calendar days before the public hearing and shall be:
1851 (a) published [
1852 Notice Website as described in Section 63F-1-701 ;
1853 (b) mailed to each affected entity; and
1854 (c) posted:
1855 (i) in at least three public locations within the municipality; or
1856 (ii) on the municipality's official website.
1857 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
1858 before the meeting and shall be:
1859 (a) [
1860 Public Notice Website as described in Section 63F-1-701 ; and
1861 (b) posted:
1862 (i) in at least three public locations within the municipality; or
1863 (ii) on the municipality's official website.
1864 Section 37. Section 10-9a-205 is amended to read:
1865 10-9a-205. Notice of public hearings and public meetings on adoption or
1866 modification of land use ordinance.
1867 (1) Each municipality shall give:
1868 (a) notice of the date, time, and place of the first public hearing to consider the
1869 adoption or any modification of a land use ordinance; and
1870 (b) notice of each public meeting on the subject.
1871 (2) Each notice of a public hearing under Subsection (1)(a) shall be:
1872 (a) mailed to each affected entity at least ten calendar days before the public hearing;
1873 (b) posted:
1874 (i) in at least three public locations within the municipality; or
1875 (ii) on the municipality's official website; and
1876 (c) (i) published [
1877 Notice Website as described in Section 63F-1-701 at least ten calendar days before the public
1878 hearing; or
1879 (ii) mailed at least three days before the public hearing to:
1880 (A) each property owner whose land is directly affected by the land use ordinance
1881 change; and
1882 (B) each adjacent property owner within the parameters specified by municipal
1883 ordinance.
1884 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
1885 before the meeting and shall be posted:
1886 (a) in at least three public locations within the municipality; or
1887 (b) on the municipality's official website.
1888 Section 38. Section 10-9a-208 is amended to read:
1889 10-9a-208. Hearing and notice for proposal to vacate, alter, or amend a public
1890 street or right-of-way.
1891 For any proposal to vacate, alter, or amend a public street or right-of-way, the land use
1892 authority shall hold a public hearing and shall give notice of the date, place, and time of the
1893 hearing by:
1894 (1) mailing notice as required in Section 10-9a-207 ;
1895 (2) mailing notice to each affected entity; and
1896 (3) (a) publishing notice once a week for four consecutive weeks before the hearing [
1897
1898
1899 (b) [
1900 property and posting notice in three public places for four consecutive weeks before the
1901 hearing.
1902 Section 39. Section 10-18-203 is amended to read:
1903 10-18-203. Feasibility study on providing cable television or public
1904 telecommunications services -- Public hearings.
1905 (1) If a feasibility consultant is hired under Section 10-18-202 , the legislative body of
1906 the municipality shall require the feasibility consultant to:
1907 (a) complete the feasibility study in accordance with this section;
1908 (b) submit to the legislative body by no later than 180 days from the date the feasibility
1909 consultant is hired to conduct the feasibility study:
1910 (i) the full written results of the feasibility study; and
1911 (ii) a summary of the results that is no longer than one page in length; and
1912 (c) attend the public hearings described in Subsection (4) to:
1913 (i) present the feasibility study results; and
1914 (ii) respond to questions from the public.
1915 (2) The feasibility study described in Subsection (1) shall at a minimum consider:
1916 (a) (i) if the municipality is proposing to provide cable television services to
1917 subscribers, whether the municipality providing cable television services in the manner
1918 proposed by the municipality will hinder or advance competition for cable television services
1919 in the municipality;
1920 (ii) if the municipality is proposing to provide public telecommunications services to
1921 subscribers, whether the municipality providing public telecommunications services in the
1922 manner proposed by the municipality will hinder or advance competition for public
1923 telecommunications services in the municipality;
1924 (b) whether but for the municipality any person would provide the proposed:
1925 (i) cable television services; or
1926 (ii) public telecommunications services;
1927 (c) the fiscal impact on the municipality of:
1928 (i) the capital investment in facilities that will be used to provide the proposed:
1929 (A) cable television services; or
1930 (B) public telecommunications services; and
1931 (ii) the expenditure of funds for labor, financing, and administering the proposed:
1932 (A) cable television services; or
1933 (B) public telecommunications services;
1934 (d) the projected growth in demand in the municipality for the proposed:
1935 (i) cable television services; or
1936 (ii) public telecommunications services;
1937 (e) the projections at the time of the feasibility study and for the next five years, of a
1938 full-cost accounting for a municipality to purchase, lease, construct, maintain, or operate the
1939 facilities necessary to provide the proposed:
1940 (i) cable television services; or
1941 (ii) public telecommunications services; and
1942 (f) the projections at the time of the feasibility study and for the next five years of the
1943 revenues to be generated from the proposed:
1944 (i) cable television services; or
1945 (ii) public telecommunications services.
1946 (3) For purposes of the financial projections required under Subsections (2)(e) and (f),
1947 the feasibility consultant shall assume that the municipality will price the proposed cable
1948 television services or public telecommunications services consistent with Subsection
1949 10-18-303 (5).
1950 (4) If the results of the feasibility study satisfy the revenue requirement of Subsection
1951 10-18-202 (3), the legislative body, at the next regular meeting after the legislative body
1952 receives the results of the feasibility study, shall schedule at least two public hearings to be
1953 held:
1954 (a) within 60 days of the meeting at which the public hearings are scheduled;
1955 (b) at least seven days apart; and
1956 (c) for the purpose of allowing:
1957 (i) the feasibility consultant to present the results of the feasibility study; and
1958 (ii) the public to:
1959 (A) become informed about the feasibility study results; and
1960 (B) ask questions of the feasibility consultant about the results of the feasibility study.
1961 (5) (a) Except as provided in Subsection (5)(c), the municipality shall publish notice of
1962 the public hearings required under Subsection (4) at least once a week for three consecutive
1963 weeks [
1964 Website as described in Section 63F-1-701 .
1965 (b) The last publication of notice required under Subsection (5)(a) shall be at least
1966 three days before the first public hearing required under Subsection (4).
1967 (c) (i) [
1968
1969 conspicuous place within the municipality that is likely to give notice of the hearings to the
1970 greatest number of residents of the municipality.
1971 (ii) The municipality shall post the notices at least seven days before the first public
1972 hearing required under Subsection (4) is held.
1973 Section 40. Section 10-18-302 is amended to read:
1974 10-18-302. Bonding authority.
1975 (1) In accordance with Title 11, Chapter 14, Local Government Bonding Act, the
1976 legislative body of a municipality may by resolution determine to issue one or more revenue
1977 bonds or general obligation bonds to finance the capital costs for facilities necessary to provide
1978 to subscribers:
1979 (a) a cable television service; or
1980 (b) a public telecommunications service.
1981 (2) The resolution described in Subsection (1) shall:
1982 (a) describe the purpose for which the indebtedness is to be created; and
1983 (b) specify the dollar amount of the one or more bonds proposed to be issued.
1984 (3) (a) A revenue bond issued under this section shall be secured and paid for:
1985 (i) from the revenues generated by the municipality from providing:
1986 (A) cable television services with respect to revenue bonds issued to finance facilities
1987 for the municipality's cable television services; and
1988 (B) public telecommunications services with respect to revenue bonds issued to finance
1989 facilities for the municipality's public telecommunications services; and
1990 (ii) notwithstanding Subsection (3)(b) and Subsection 10-18-303 (3)(a), from revenues
1991 generated under Title 59, Chapter 12, Sales and Use Tax Act, if:
1992 (A) notwithstanding Subsection 11-14-201 (3) and except as provided in Subsections
1993 (4) and (5), the revenue bond is approved by the registered voters in an election held:
1994 (I) except as provided in Subsection (3)(a)(ii)(A)(II), pursuant to the provisions of Title
1995 11, Chapter 14, Local Government Bonding Act, that govern bond elections; and
1996 (II) notwithstanding Subsection 11-14-203 (2), at a regular general election;
1997 (B) the revenues described in this Subsection (3)(a)(ii) are pledged as security for the
1998 revenue bond; and
1999 (C) the municipality or municipalities annually appropriate the revenues described in
2000 this Subsection (3)(a)(ii) to secure and pay the revenue bond issued under this section.
2001 (b) Except as provided in Subsection (3)(a)(ii), a municipality may not pay the
2002 origination, financing, or other carrying costs associated with the one or more revenue bonds
2003 issued under this section from the general funds or other enterprise funds of the municipality.
2004 (4) (a) As used in this Subsection (4), "municipal entity" means an entity created
2005 pursuant to an agreement:
2006 (i) under Title 11, Chapter 13, Interlocal Cooperation Act; and
2007 (ii) to which a municipality is a party.
2008 (b) The requirements of Subsection (3)(a)(ii)(A) do not apply to a municipality or
2009 municipal entity that issues revenue bonds, or to a municipality that is a member of a municipal
2010 entity that issues revenue bonds, if:
2011 (i) on or before March 2, 2004, the municipality that is issuing revenue bonds or that is
2012 a member of a municipal entity that is issuing revenue bonds has published the first notice
2013 described in Subsection (4)(b)(iii);
2014 (ii) on or before April 15, 2004, the municipality that is issuing revenue bonds or that
2015 is a member of a municipal entity that is issuing revenue bonds makes the decision to pledge
2016 the revenues described in Subsection (3)(a)(ii) as security for the revenue bonds described in
2017 this Subsection (4)(b)(ii);
2018 (iii) the municipality that is issuing the revenue bonds or the municipality that is a
2019 member of the municipal entity that is issuing the revenue bonds has:
2020 (A) held a public hearing for which public notice was given by publication of the
2021 notice [
2022
2023 described in Section 63F-1-701 , with the first publication being not less than 14 days before the
2024 public hearing; and
2025 (B) the notice identifies:
2026 (I) that the notice is given pursuant to Title 11, Chapter 14, Local Government Bonding
2027 Act;
2028 (II) the purpose for the bonds to be issued;
2029 (III) the maximum amount of the revenues described in Subsection (3)(a)(ii) that will
2030 be pledged in any fiscal year;
2031 (IV) the maximum number of years that the pledge will be in effect; and
2032 (V) the time, place, and location for the public hearing;
2033 (iv) the municipal entity that issues revenue bonds:
2034 (A) adopts a final financing plan; and
2035 (B) in accordance with Title 63G, Chapter 2, Government Records Access and
2036 Management Act, makes available to the public at the time the municipal entity adopts the final
2037 financing plan:
2038 (I) the final financing plan; and
2039 (II) all contracts entered into by the municipal entity, except as protected by Title 63G,
2040 Chapter 2, Government Records Access and Management Act;
2041 (v) any municipality that is a member of a municipal entity described in Subsection
2042 (4)(b)(iv):
2043 (A) not less than 30 calendar days after the municipal entity complies with Subsection
2044 (4)(b)(iv)(B), holds a final public hearing;
2045 (B) provides notice, at the time the municipality schedules the final public hearing, to
2046 any person who has provided to the municipality a written request for notice; and
2047 (C) makes all reasonable efforts to provide fair opportunity for oral testimony by all
2048 interested parties; and
2049 (vi) except with respect to a municipality that issued bonds prior to March 1, 2004, not
2050 more than 50% of the average annual debt service of all revenue bonds described in this section
2051 to provide service throughout the municipality or municipal entity may be paid from the
2052 revenues described in Subsection (3)(a)(ii).
2053 (5) On or after July 1, 2007, the requirements of Subsection (3)(a)(ii)(A) do not apply
2054 to a municipality that issues revenue bonds if:
2055 (a) the municipality that is issuing the revenue bonds has:
2056 (i) held a public hearing for which public notice was given by publication of the notice
2057 [
2058
2059 consecutive weeks, with the first publication being not less than 14 days before the public
2060 hearing; and
2061 (ii) the notice identifies:
2062 (A) that the notice is given pursuant to Title 11, Chapter 14, Local Government
2063 Bonding Act;
2064 (B) the purpose for the bonds to be issued;
2065 (C) the maximum amount of the revenues described in Subsection (3)(a)(ii) that will be
2066 pledged in any fiscal year;
2067 (D) the maximum number of years that the pledge will be in effect; and
2068 (E) the time, place, and location for the public hearing; and
2069 (b) except with respect to a municipality that issued bonds prior to March 1, 2004, not
2070 more than 50% of the average annual debt service of all revenue bonds described in this section
2071 to provide service throughout the municipality or municipal entity may be paid from the
2072 revenues described in Subsection (3)(a)(ii).
2073 (6) A municipality that issues bonds pursuant to this section may not make or grant any
2074 undue or unreasonable preference or advantage to itself or to any private provider of:
2075 (a) cable television services; or
2076 (b) public telecommunications services.
2077 Section 41. Section 10-18-303 is amended to read:
2078 10-18-303. General operating limitations.
2079 A municipality that provides a cable television service or a public telecommunications
2080 service under this chapter is subject to the operating limitations of this section.
2081 (1) A municipality that provides a cable television service shall comply with:
2082 (a) the Cable Communications Policy Act of 1984, 47 U.S.C. 521, et seq.; and
2083 (b) the regulations issued by the Federal Communications Commission under the Cable
2084 Communications Policy Act of 1984, 47 U.S.C. 521, et seq.
2085 (2) A municipality that provides a public telecommunications service shall comply
2086 with:
2087 (a) the Telecommunications Act of 1996, Pub. L. 104-104;
2088 (b) the regulations issued by the Federal Communications Commission under the
2089 Telecommunications Act of 1996, Pub. L. 104-104;
2090 (c) Section 54-8b-2.2 relating to:
2091 (i) the interconnection of essential facilities; and
2092 (ii) the purchase and sale of essential services; and
2093 (d) the rules made by the Public Service Commission of Utah under Section 54-8b-2.2 .
2094 (3) A municipality may not cross subsidize its cable television services or its public
2095 telecommunications services with:
2096 (a) tax dollars;
2097 (b) income from other municipal or utility services;
2098 (c) below-market rate loans from the municipality; or
2099 (d) any other means.
2100 (4) (a) A municipality may not make or grant any undue or unreasonable preference or
2101 advantage to itself or to any private provider of:
2102 (i) cable television services; or
2103 (ii) public telecommunications services.
2104 (b) A municipality shall apply without discrimination as to itself and to any private
2105 provider the municipality's ordinances, rules, and policies, including those relating to:
2106 (i) obligation to serve;
2107 (ii) access to public rights of way;
2108 (iii) permitting;
2109 (iv) performance bonding;
2110 (v) reporting; and
2111 (vi) quality of service.
2112 (c) Subsections (4)(a) and (b) do not supersede the exception for a rural telephone
2113 company in Section 251 of the Telecommunications Act of 1996, Pub. L. 104-104.
2114 (5) In calculating the rates charged by a municipality for a cable television service or a
2115 public telecommunications service, the municipality:
2116 (a) shall include within its rates an amount equal to all taxes, fees, and other
2117 assessments that would be applicable to a similarly situated private provider of the same
2118 services, including:
2119 (i) federal, state, and local taxes;
2120 (ii) franchise fees;
2121 (iii) permit fees;
2122 (iv) pole attachment fees; and
2123 (v) fees similar to those described in Subsections (5)(a)(i) through (iv); and
2124 (b) may not price any cable television service or public telecommunications service at a
2125 level that is less than the sum of:
2126 (i) the actual direct costs of providing the service;
2127 (ii) the actual indirect costs of providing the service; and
2128 (iii) the amount determined under Subsection (5)(a).
2129 (6) (a) A municipality that provides cable television services or public
2130 telecommunications services shall establish and maintain a comprehensive price list of all cable
2131 television services or public telecommunications services offered by the municipality.
2132 (b) The price list required by Subsection (6)(a) shall:
2133 (i) include all terms and conditions relating to the municipality providing each cable
2134 television service or public telecommunications service offered by the municipality;
2135 (ii) be published [
2136 Utah Public Notice Website as described in Section 63F-1-701 ; and
2137 (iii) be available for inspection:
2138 (A) at a designated office of the municipality; and
2139 (B) during normal business hours.
2140 (c) At least five days before the date a change to a municipality's price list becomes
2141 effective, the municipality shall:
2142 (i) notify the following of the change:
2143 (A) all subscribers to the services for which the price list is being changed; and
2144 (B) any other persons requesting notification of any changes to the municipality's price
2145 list; and
2146 (ii) publish notice [
2147 Utah Public Notice Website as described in Section 63F-1-701 .
2148 (d) [
2149 municipality shall publish the notice required by this Subsection (6) [
2150
2151 Section 63F-1-701 .
2152 (e) A municipality may not offer a cable television service or a public
2153 telecommunications service except in accordance with the prices, terms, and conditions set
2154 forth in the municipality's price list.
2155 (7) A municipality may not offer to provide or provide cable television services or
2156 public telecommunications services to a subscriber that does not reside within the geographic
2157 boundaries of the municipality.
2158 (8) (a) A municipality shall keep accurate books and records of the municipality's:
2159 (i) cable television services; and
2160 (ii) public telecommunications services.
2161 (b) The books and records required to be kept under Subsection (8)(a) are subject to
2162 legislative audit to verify the municipality's compliance with the requirements of this chapter
2163 including:
2164 (i) pricing;
2165 (ii) recordkeeping; and
2166 (iii) antidiscrimination.
2167 (9) A municipality may not receive distributions from the Universal Public
2168 Telecommunications Service Support Fund established in Section 54-8b-15 .
2169 Section 42. Section 11-13-219 is amended to read:
2170 11-13-219. Publication of resolutions or agreements -- Contesting legality of
2171 resolution or agreement.
2172 (1) As used in this section:
2173 (a) "Enactment" means:
2174 (i) a resolution adopted or proceedings taken by a governing body under the authority
2175 of this chapter, and includes a resolution, indenture, or other instrument providing for the
2176 issuance of bonds; and
2177 (ii) an agreement or other instrument that is authorized, executed, or approved by a
2178 governing body under the authority of this chapter.
2179 (b) "Governing body" means:
2180 (i) the legislative body of a public agency; and
2181 (ii) the governing body of an interlocal entity created under this chapter.
2182 (c) "Notice of bonds" means the notice authorized by Subsection (3)(d).
2183 (d) "Notice of agreement" means the notice authorized by Subsection (3)(c).
2184 [
2185
2186 (2) Any enactment taken or made under the authority of this chapter is not subject to
2187 referendum.
2188 (3) (a) A governing body need not publish any enactment taken or made under the
2189 authority of this chapter.
2190 (b) A governing body may provide for the publication of any enactment taken or made
2191 by it under the authority of this chapter according to the publication requirements established
2192 by this section.
2193 (c) (i) If the enactment is an agreement, document, or other instrument, or a resolution
2194 or other proceeding authorizing or approving an agreement, document, or other instrument, the
2195 governing body may, instead of publishing the full text of the agreement, resolution, or other
2196 proceeding, publish a notice of agreement containing:
2197 (A) the names of the parties to the agreement;
2198 (B) the general subject matter of the agreement;
2199 (C) the term of the agreement;
2200 (D) a description of the payment obligations, if any, of the parties to the agreement;
2201 and
2202 (E) a statement that the resolution and agreement will be available for review at the
2203 governing body's principal place of business during regular business hours for 30 days after the
2204 publication of the notice of agreement.
2205 (ii) The governing body shall make a copy of the resolution or other proceeding and a
2206 copy of the contract available at its principal place of business during regular business hours
2207 for 30 days after the publication of the notice of agreement.
2208 (d) If the enactment is a resolution or other proceeding authorizing the issuance of
2209 bonds, the governing body may, instead of publishing the full text of the resolution or other
2210 proceeding and the documents pertaining to the issuance of bonds, publish a notice of bonds
2211 that contains the information described in Subsection 11-14-316 (2).
2212 (4) (a) If the governing body chooses to publish an enactment, notice of bonds, or
2213 notice of agreement, the governing body shall [
2214
2215 [
2216
2217
2218
2219 [
2220 of agreement [
2221 [
2222 [
2223
2224 [
2225
2226 [
2227
2228
2229 (5) (a) Any person in interest may contest the legality of an enactment or any action
2230 performed or instrument issued under the authority of the enactment for 30 days after the
2231 publication of the enactment, notice of bonds, or notice of agreement.
2232 (b) After the 30 days have passed, no one may contest the regularity, formality, or
2233 legality of the enactment or any action performed or instrument issued under the authority of
2234 the enactment for any cause whatsoever.
2235 Section 43. Section 11-14-202 is amended to read:
2236 11-14-202. Notice of election -- Contents -- Publication -- Mailing.
2237 (1) (a) The governing body shall ensure that:
2238 (i) notice of the election is published once per week during three consecutive weeks [
2239
2240 in accordance with Section 11-14-316 ; and
2241 (ii) the first publication occurs not less than 21 nor more than 35 days before the
2242 election.
2243 (b) Notice shall be published [
2244
2245 (2) When the debt service on the bonds to be issued will increase the property tax
2246 imposed upon the average value of a residence by an amount that is greater than or equal to $15
2247 per year, the governing body shall, at least seven days but not more than 30 days before the
2248 bond election, if the bond election is not held on the date of a regular primary election, a
2249 municipal primary election, a regular general election, or a municipal general election, either
2250 mail:
2251 (a) written notice of the bond election on a minimum three inch by five inch postcard
2252 to every household containing a registered voter who is eligible to vote on the bonds; or
2253 (b) a voter information pamphlet prepared by the governing body, if one is prepared,
2254 that includes the information required by Subsection (4).
2255 (3) (a) Except as provided in Subsection (3)(b), notice of the bond election need not be
2256 posted.
2257 (b) (i) [
2258
2259 by posting in [
2260 (ii) When the governing body imposes [
2261 shall ensure that notice of the bond election is posted in at least five public places in the local
2262 political subdivision at least 21 days before the election.
2263 (4) Any notice required by this section shall include:
2264 (a) the date and place of the election;
2265 (b) the hours during which the polls will be open; and
2266 (c) the title and text of the ballot proposition.
2267 (5) The governing body shall pay the costs associated with the notice required by this
2268 section.
2269 Section 44. Section 11-14-315 is amended to read:
2270 11-14-315. Nature and validity of bonds issued -- Applicability of other statutory
2271 provisions -- Budget provision required -- Applicable procedures for issuance.
2272 Bonds issued under this chapter shall have all the qualities of negotiable paper, shall be
2273 incontestable in the hands of bona fide purchasers or holders for value and shall not be invalid
2274 for any irregularity or defect in the proceedings for their issuance and sale. This chapter is
2275 intended to afford an alternative method for the issuance of bonds by local political
2276 subdivisions and shall not be so construed as to deprive any local political subdivision of the
2277 right to issue its bonds under authority of any other statute, but nevertheless this chapter shall
2278 constitute full authority for the issue and sale of bonds by local political subdivisions. The
2279 provisions of Section 11-1-1 , Utah Code Annotated 1953, shall not be applicable to bonds
2280 issued under this chapter. Any local political subdivision subject to the provisions of any
2281 budget law shall in its annual budget make proper provision for the payment of principal and
2282 interest currently falling due on bonds issued hereunder, but no provision need be made in any
2283 such budget prior to the issuance of the bonds for the issuance thereof or for the expenditure of
2284 the proceeds thereof. No ordinance, resolution or proceeding in respect to the issuance of
2285 bonds hereunder shall be necessary except as herein specifically required, nor shall the
2286 publication of any resolution, proceeding or notice relating to the issuance of the bonds be
2287 necessary except as herein required. Any publication made hereunder [
2288
2289 conforming to the terms hereof in which legal notices may be published under the laws of
2290 Utah, without regard to the designation thereof as the official journal [
2291 local political subdivision. No resolution adopted or proceeding taken hereunder shall be
2292 subject to referendum petition or to an election other than as herein required. All proceedings
2293 adopted hereunder may be adopted on a single reading at any legally convened meeting of the
2294 governing body.
2295 Section 45. Section 11-14-316 is amended to read:
2296 11-14-316. Publication of notice, resolution, or other proceeding -- Contest.
2297 (1) The governing body of any local political subdivision may provide for the
2298 publication of any resolution or other proceeding adopted under this chapter [
2299
2300 as described in Section 63F-1-701 .
2301 (2) When publication involves a resolution or other proceeding providing for the
2302 issuance of bonds, the governing body may, in lieu of publishing the entire resolution or other
2303 proceeding, publish a notice of bonds to be issued, titled as such, containing:
2304 (a) the name of the issuer;
2305 (b) the purpose of the issue;
2306 (c) the type of bonds and the maximum principal amount which may be issued;
2307 (d) the maximum number of years over which the bonds may mature;
2308 (e) the maximum interest rate which the bonds may bear, if any;
2309 (f) the maximum discount from par, expressed as a percentage of principal amount, at
2310 which the bonds may be sold; and
2311 (g) the times and place where a copy of the resolution or other proceeding may be
2312 examined, which shall be:
2313 (i) at an office of the issuer;
2314 (ii) identified in the notice;
2315 (iii) during regular business hours of the issuer as described in the notice; and
2316 (iv) for a period of at least 30 days after the publication of the notice.
2317 (3) For a period of 30 days after the publication, any person in interest may contest:
2318 (a) the legality of such resolution or proceeding;
2319 (b) any bonds which may be authorized by such resolution or proceeding; or
2320 (c) any provisions made for the security and payment of the bonds.
2321 (4) A person shall contest the matters set forth in Subsection (3) by filing a verified
2322 written complaint in the district court of the county in which he resides within the 30-day
2323 period.
2324 (5) After the 30-day period, no person may contest the regularity, formality, or legality
2325 of the resolution or proceeding for any reason.
2326 Section 46. Section 11-14-318 is amended to read:
2327 11-14-318. Public hearing required.
2328 (1) Before issuing bonds authorized under this chapter, a local political subdivision
2329 shall:
2330 (a) in accordance with Subsection (2), provide public notice of the local political
2331 subdivision's intent to issue bonds; and
2332 (b) hold a public hearing:
2333 (i) if an election is required under this chapter:
2334 (A) no sooner than 30 days before the day on which the notice of election is published
2335 under Section 11-14-202 ; and
2336 (B) no later than five business days before the day on which the notice of election is
2337 published under Section 11-14-202 ; and
2338 (ii) to receive input from the public with respect to:
2339 (A) the issuance of the bonds; and
2340 (B) the potential economic impact that the improvement, facility, or property for which
2341 the bonds pay all or part of the cost will have on the private sector.
2342 (2) A local political subdivision shall:
2343 (a) publish the notice required by Subsection (1)(a):
2344 (i) [
2345
2346 (ii) [
2347 before the public hearing required by Subsection (1)(b); and
2348 [
2349
2350 (b) ensure that the notice:
2351 (i) identifies:
2352 (A) the purpose for the issuance of the bonds;
2353 (B) the maximum principal amount of the bonds to be issued;
2354 (C) the taxes, if any, proposed to be pledged for repayment of the bonds; and
2355 (D) the time, place, and location of the public hearing; and
2356 (ii) informs the public that the public hearing will be held for the purposes described in
2357 Subsection (1)(b)(ii).
2358 Section 47. Section 11-14a-1 is amended to read:
2359 11-14a-1. Notice of debt issuance.
2360 (1) For purposes of this chapter:
2361 (a) (i) "Debt" includes bonds, lease purchase agreements, certificates of participation,
2362 and contracts with municipal building authorities.
2363 (ii) "Debt" does not include tax and revenue anticipation notes or refunding bonds.
2364 (b) (i) "Local government entity" means a county, city, town, school district, local
2365 district, or special service district.
2366 (ii) "Local government entity" does not mean an entity created by an interlocal
2367 agreement under Title 11, Chapter 13, Interlocal Cooperation Act that has assets over
2368 $10,000,000.
2369 (c) "New debt resolution" means a resolution authorizing the issuance of debt wholly
2370 or partially to fund a rejected project.
2371 (d) "Rejected Project" means a project for which a local government entity sought
2372 voter approval for general obligation bond financing and failed to receive that approval.
2373 (2) Unless a local government entity complies with the requirements of this section, it
2374 may not adopt a new debt resolution.
2375 (3) (a) Before adopting a new debt resolution, a local government entity shall:
2376 (i) advertise its intent to issue debt [
2377 Public Notice Website as described in Section 63F-1-701 ; or
2378 (ii) include notice of its intent to issue debt in a bill or other mailing sent to at least
2379 95% of the residents of the local government entity.
2380 (b) (i) The local government entity shall ensure that the advertisement is published at
2381 least once each week for the two weeks before the meeting at which the resolution will be
2382 considered [
2383
2384 described in Section 63F-1-701 .
2385 (ii) The local government entity shall ensure that the notice:
2386 (A) is at least as large as the bill or other mailing that it accompanies;
2387 (B) is entitled, in type size no smaller than 24 point, "Intent to Issue Debt"; and
2388 (C) contains the information required by Subsection (3)(c).
2389 (c) The local government entity shall ensure that the advertisement or notice:
2390 (i) identifies the local government entity;
2391 (ii) states that the entity will meet on a day, time, and place identified in the
2392 advertisement or notice to hear public comments regarding a resolution authorizing the
2393 issuance of debt by the entity and to explain to the public the reasons for the issuance of debt;
2394 (iii) contains:
2395 (A) the name of the entity that will issue the debt;
2396 (B) the purpose of the debt; and
2397 (C) that type of debt and the maximum principal amount that may be issued;
2398 (iv) invites all concerned citizens to attend the public hearing; and
2399 (v) states that some or all of the proposed debt would fund a project whose general
2400 obligation bond financing was rejected by the voters.
2401 (4) (a) The resolution considered at the hearing shall identify:
2402 (i) the type of debt proposed to be issued;
2403 (ii) the maximum principal amount that might be issued;
2404 (iii) the interest rate;
2405 (iv) the term of the debt; and
2406 (v) how the debt will be repaid.
2407 (b) (i) Except as provided in Subsection (4)(b)(ii), the resolution considered at the
2408 hearing need not be in final form and need not be adopted or rejected at the meeting at which
2409 the public hearing is held.
2410 (ii) The local government entity may not, in the final resolution, increase the maximum
2411 principal amount of debt contained in the notice and discussed at the hearing.
2412 (c) The local government entity may adopt, amend and adopt, or reject the resolution at
2413 a later meeting without recomplying with the published notice requirements of this section.
2414 Section 48. Section 11-17-16 is amended to read:
2415 11-17-16. Publication of resolutions and notice of bonds to be issued.
2416 (1) The governing body may provide for the publication of any resolution or other
2417 proceeding adopted by it under this chapter, including all resolutions providing for the sale or
2418 lease of any land by the municipality, county, or state university in connection with the
2419 establishment, acquisition, development, maintenance, and operation of an industrial park. The
2420 publication shall be [
2421
2422
2423
2424 (2) In case of a resolution or other proceeding providing for the issuance of bonds, the
2425 governing body may, in lieu of publishing the entire resolution or other proceeding, publish a
2426 notice of bonds to be issued, titled as such, containing:
2427 (a) the name of the issuer;
2428 (b) the purpose of the issue;
2429 (c) the name of the users, if known; and
2430 (d) the times and place where a copy of the resolution or other proceeding may be
2431 examined, which shall be at an office of the issuer, identified in the notice, during regular
2432 business hours of the issuer as described in the notice and for a period of at least 30 days after
2433 the publication of the notice.
2434 (3) For a period of 30 days after publication any person in interest may contest the
2435 legality of the resolution, proceeding, any bonds which may be authorized under them, or any
2436 provisions made for the security and payment of the bonds. After expiration of the 30-day
2437 period no person may contest the regularity, formality, or legality of the resolution,
2438 proceedings, bonds, or security provisions for any cause.
2439 Section 49. Section 11-27-4 is amended to read:
2440 11-27-4. Publication of resolution -- Notice of bond issue -- Contest of resolution
2441 or proceeding.
2442 (1) The governing body of any public body may provide for the publication of any
2443 resolution or other proceeding adopted by it under this chapter [
2444
2445 63F-1-701 .
2446 (2) In case of a resolution or other proceeding providing for the issuance of refunding
2447 bonds (or for a combined issue of refunding bonds and bonds issued for any other purpose), the
2448 governing body may, instead of publishing the entire resolution or other proceeding, publish a
2449 notice of bonds to be issued, entitled accordingly, and containing:
2450 (a) the name of the issuer[
2451 (b) the purposes of the issue[
2452 (c) the maximum principal amount which may be issued[
2453 (d) the maximum number of years over which the bonds may mature[
2454 (e) the maximum interest rate which the bonds may bear[
2455 (f) the maximum discount from par, expressed as a percentage of principal amount, at
2456 which the bonds may be sold, and any deposit to be required in connection with the sale[
2457 (g) the times and place where a copy of the resolution or other proceeding authorizing
2458 the issuance of the bonds may be examined, which shall be at an office of the governing body
2459 identified in the notice, during regular business hours of the governing body as described in the
2460 notice and for a period of at least 30 days after the publication of the notice.
2461 (3) For a period of 30 days after the publication, any person in interest shall have the
2462 right to contest the legality of the resolution or proceeding or any bonds which may be so
2463 authorized or any provisions made for the security and payment of these bonds; and after this
2464 time no person shall have any cause of action to contest the regularity, formality, or legality
2465 thereof for any cause.
2466 Section 50. Section 11-27-5 is amended to read:
2467 11-27-5. Negotiability of bonds -- Intent and construction of chapter -- Budget for
2468 payment of bonds -- Proceedings limited to those required by chapter -- No election
2469 required -- Application of chapter.
2470 (1) Refunding bonds shall have all the qualities of negotiable paper, shall be
2471 incontestable in the hands of bona fide purchasers or holders for value, and shall not be invalid
2472 for any irregularity or defect in the proceedings for their issuance and sale. This chapter is
2473 intended to afford an alternative method for the issuance of refunding bonds by public bodies
2474 and shall not be so construed as to deprive any public body of the right to issue bonds for
2475 refunding purposes under authority of any other statute, but this chapter, nevertheless, shall
2476 constitute full authority for the issue and sale of refunding bonds by public bodies. Section
2477 11-1-1 [
2478 (2) Any public body subject to any budget law shall in its annual budget make proper
2479 provision for the payment of principal and interest currently falling due on refunding bonds,
2480 but no provision need be made in the budget prior to the issuance of the refunding bonds for
2481 their issuance or for the expenditure of the proceeds from them.
2482 (3) No ordinance, resolution, or proceeding concerning the issuance of refunding bonds
2483 nor the publication of any resolution, proceeding, or notice relating to the issuance of the
2484 refunding bonds shall be necessary except as specifically required by this chapter. Any
2485 publication made under this chapter may be made [
2486
2487
2488 Section 63F-1-701 .
2489 (4) No resolution adopted or proceeding taken under this chapter shall be subject to any
2490 referendum petition or to an election other than as required by this chapter. All proceedings
2491 adopted under this chapter may be adopted on a single reading at any legally-convened meeting
2492 of the governing body. This chapter shall apply to all bonds issued and outstanding at the time
2493 this chapter takes effect as well as to bonds issued after this chapter takes effect.
2494 Section 51. Section 11-30-5 is amended to read:
2495 11-30-5. Publication of order for hearing.
2496 (1) Prior to the date set for hearing, the clerk of the court shall cause the order to be
2497 published once each week for three consecutive weeks [
2498
2499
2500
2501
2502 (2) If a refunding bond is being validated, all holders of the bonds to be refunded may
2503 be made defendants to the action, in which case notice may be made, and if so made shall be
2504 considered sufficient, by mailing a copy of the order to each holder's last-known address.
2505 (3) By publication of the order, all defendants shall have been duly served and shall be
2506 parties to the proceedings.
2507 Section 52. Section 11-32-10 is amended to read:
2508 11-32-10. Application to other laws and proceedings.
2509 (1) This chapter is supplemental to all existing laws relating to the collection of
2510 delinquent taxes by participant members.
2511 (2) No ordinance, resolution, or proceeding in respect to any transaction authorized by
2512 this chapter is necessary except as specifically required in this chapter nor is the publication of
2513 any resolution, proceeding, or notice relating to any transaction authorized by this chapter
2514 necessary except as required by this chapter. Any publication made under this chapter may be
2515 made [
2516
2517
2518 Section 63F-1-701 . No resolution adopted or proceeding taken under this chapter may be
2519 subject to referendum petition or to an election other than as permitted in this chapter. All
2520 proceedings adopted under this chapter may be adopted on a single reading at any legally
2521 convened meeting of the governing body or bodies or the board of trustees of the authority as
2522 appropriate.
2523 (3) Any formal action or proceeding taken by the governing body of a county or other
2524 public body or the board of trustees of an authority under the authority of this chapter may be
2525 taken by resolution of the governing body or the board of trustees as appropriate.
2526 (4) This chapter shall apply to all authorities created, assignment agreements executed,
2527 and bonds issued after this chapter takes effect.
2528 (5) All proceedings taken before the effective date of this chapter by a county or other
2529 public body in connection with the creation and operation of a financing authority are
2530 validated, ratified, approved, and confirmed.
2531 Section 53. Section 11-32-11 is amended to read:
2532 11-32-11. Publication of resolutions -- Notice -- Content.
2533 (1) The governing body of any county, or the board of trustees of any financing
2534 authority, may provide for the publication of any resolution or other proceeding adopted by it
2535 under this chapter [
2536 Notice Website as described in Section 63F-1-701 .
2537 (2) In case of a resolution or other proceeding providing for the issuance of bonds, the
2538 board of trustees of a financing authority may, in lieu of publishing the entire resolution or
2539 other proceeding, publish a notice of bonds to be issued, titled as such, containing:
2540 (a) the name of the financing authority and the participant members;
2541 (b) the purposes of the issue;
2542 (c) the maximum principal amount which may be issued;
2543 (d) the maximum number of years over which the bonds may mature;
2544 (e) the maximum interest rate which the bonds may bear;
2545 (f) the maximum discount from par, expressed as a percentage of principal amount, at
2546 which the bonds may be sold; and
2547 (g) the time and place where a copy of the resolution or other proceedings authorizing
2548 the issuance of the bonds may be examined, which shall be at an office of the financing
2549 authority, identified in the notice, during regular business hours of the financing authority as
2550 described in the notice and for a period of at least 30 days after the publication of the notice.
2551 (3) For a period of 30 days after the publication, any person in interest may contest the
2552 legality of the resolution or proceeding or any bonds or assignment agreements which may be
2553 authorized by them or any provisions made for the security and payment of the bonds or for the
2554 security and payment of the assignment agreement. After such time no person has any cause of
2555 action to contest the regularity, formality, or legality of same for any cause.
2556 Section 54. Section 11-39-103 is amended to read:
2557 11-39-103. Requirements for undertaking a building improvement or public
2558 works project -- Request for bids -- Authority to reject bids.
2559 (1) If the estimated cost of the building improvement or public works project exceeds
2560 the bid limit, the local entity shall, if it determines to proceed with the building improvement or
2561 public works project:
2562 (a) request bids for completion of the building improvement or public works project
2563 by:
2564 (i) publishing notice at least twice [
2565
2566 least five days before opening the bids; [
2567 (ii) [
2568 posting notice at least five days before opening the bids in at least five public places in the
2569 local entity and leaving the notice posted for at least three days; and
2570 (b) except as provided in Subsection (3), enter into a contract for the completion of the
2571 building improvement or public works project with:
2572 (i) the lowest responsive responsible bidder; or
2573 (ii) for a design-build project that the local entity began formulating before March 1,
2574 2004 and with respect to which a contract is entered into before September 1, 2004, a
2575 responsible bidder that:
2576 (A) offers design-build services; and
2577 (B) satisfies the local entity's criteria relating to financial strength, past performance,
2578 integrity, reliability, and other factors that the local entity uses to assess the ability of a bidder
2579 to perform fully and in good faith the contract requirements for a design-build project.
2580 (2) (a) Each notice under Subsection (1)(a) shall indicate that the local entity may reject
2581 any or all bids submitted.
2582 (b) (i) The cost of a building improvement or public works project may not be divided
2583 to avoid:
2584 (A) exceeding the bid limit; and
2585 (B) subjecting the local entity to the requirements of this section.
2586 (ii) Notwithstanding Subsection (2)(b)(i), a local entity may divide the cost of a
2587 building improvement or public works project that would, without dividing, exceed the bid
2588 limit if the local entity complies with the requirements of this section with respect to each part
2589 of the building improvement or public works project that results from dividing the cost.
2590 (3) (a) The local entity may reject any or all bids submitted.
2591 (b) If the local entity rejects all bids submitted but still intends to undertake the
2592 building improvement or public works project, the local entity shall again request bids by
2593 following the procedure provided in Subsection (1)(a).
2594 (c) If, after twice requesting bids by following the procedure provided in Subsection
2595 (1)(a), the local entity determines that no satisfactory bid has been submitted, the governing
2596 body may undertake the building improvement or public works project as it considers
2597 appropriate.
2598 Section 55. Section 11-42-202 is amended to read:
2599 11-42-202. Requirements applicable to a notice of a proposed assessment area
2600 designation.
2601 (1) Each notice required under Subsection 11-42-201 (2)(a) shall:
2602 (a) state that the local entity proposes to:
2603 (i) designate one or more areas within the local entity's jurisdictional boundaries as an
2604 assessment area;
2605 (ii) provide an improvement to property within the proposed assessment area; and
2606 (iii) finance some or all of the cost of improvements by an assessment on benefitted
2607 property within the assessment area;
2608 (b) describe the proposed assessment area by any reasonable method that allows an
2609 owner of property in the proposed assessment area to determine that the owner's property is
2610 within the proposed assessment area;
2611 (c) describe, in a general way, the improvements to be provided to the assessment area,
2612 including:
2613 (i) the general nature of the improvements; and
2614 (ii) the general location of the improvements, by reference to streets or portions or
2615 extensions of streets or by any other means that the governing body chooses that reasonably
2616 describes the general location of the improvements;
2617 (d) a statement of the estimated cost of the improvements as determined by a project
2618 engineer;
2619 (e) a statement that the local entity proposes to levy an assessment on benefitted
2620 property within the assessment area to pay some or all of the cost of the improvements
2621 according to the estimated direct and indirect benefits to the property from the improvements;
2622 (f) a statement of the assessment method by which the assessment is proposed to be
2623 levied;
2624 (g) a statement of the time within which and the location at which protests against
2625 designation of the proposed assessment area or of the proposed improvements are required to
2626 be filed and the method by which the number of protests required to defeat the designation of
2627 the proposed assessment area or acquisition or construction of the proposed improvements are
2628 to be determined;
2629 (h) state the date, time, and place of the public hearing under Section 11-42-204 ;
2630 (i) if the governing body elects to create and fund a reserve fund under Section
2631 11-42-702 , a description of how the reserve fund will be funded and replenished and how
2632 remaining money in the reserve fund is to be disbursed upon full payment of the bonds;
2633 (j) if the governing body intends to designate a voluntary assessment area, a property
2634 owner consent form that:
2635 (i) estimates the total assessment to be levied against the particular parcel of property;
2636 (ii) describes any additional benefits that the governing body expects the assessed
2637 property to receive from the improvements; and
2638 (iii) designates the date and time by which the fully executed consent form is required
2639 to be submitted to the governing body;
2640 (k) if the local entity intends to levy an assessment to pay operation and maintenance
2641 costs or for economic promotion activities:
2642 (i) a description of the operation and maintenance costs or economic promotion
2643 activities to be paid by assessments and the initial estimated annual assessment to be levied;
2644 (ii) a description of how the estimated assessment will be determined;
2645 (iii) a description of how and when the governing body will adjust the assessment to
2646 reflect current operation and maintenance costs or the costs of current economic promotion
2647 activities;
2648 (iv) a description of the method of assessment if different from the method of
2649 assessment to be used for financing any improvement; and
2650 (v) a statement of the maximum number of years over which the assessment for
2651 operation and maintenance or economic promotion activities will be levied; and
2652 (l) if the governing body intends to divide the proposed assessment area into zones
2653 under Subsection 11-42-201 (1)(b), a description of the proposed zones.
2654 (2) A notice required under Subsection 11-42-201 (2)(a) may contain other information
2655 that the governing body considers to be appropriate, including:
2656 (a) the amount or proportion of the cost of the improvement to be paid by the local
2657 entity or from sources other than an assessment;
2658 (b) the estimated amount of each type of assessment for the various improvements to
2659 be financed according to the method of assessment that the governing body chooses; and
2660 (c) provisions for any optional improvements.
2661 (3) Each notice required under Subsection 11-42-201 (2)(a) [
2662 (a) (i) shall be published [
2663
2664 63F-1-701 , once a week for four consecutive weeks, with the last publication at least five but
2665 not more than 20 days before the deadline under Section 11-42-203 for filing protests; [
2666 (ii) [
2667
2668 jurisdictional boundaries at least 20 but not more than 35 days before the deadline under
2669 Section 11-42-203 for filing protests; and
2670 (b) be mailed, postage prepaid, within ten days after the first publication or posting of
2671 the notice under Subsection (3)(a) to each owner of property to be assessed within the proposed
2672 assessment area at the property owner's mailing address.
2673 Section 56. Section 11-42-301 is amended to read:
2674 11-42-301. Improvements made only under contract let to lowest responsive,
2675 responsible bidder -- Publishing notice -- Sealed bids -- Procedure -- Exceptions to
2676 contract requirement.
2677 (1) Except as otherwise provided in this section, a local entity may make improvements
2678 in an assessment area only under contract let to the lowest responsive, responsible bidder for
2679 the kind of service, material, or form of construction that the local entity's governing body
2680 determines in compliance with any applicable local entity ordinances.
2681 (2) A local entity may:
2682 (a) divide improvements into parts;
2683 (b) (i) let separate contracts for each part; or
2684 (ii) combine multiple parts into the same contract; and
2685 (c) let a contract on a unit basis.
2686 (3) (a) A local entity may not let a contract until after publishing notice as provided in
2687 Subsection (3)(b) at least one time [
2688
2689 least 15 days before the date specified for receipt of bids.
2690 (b) Each notice under Subsection (3)(a) shall notify contractors that the local entity will
2691 receive sealed bids at a specified time and place for the construction of the improvements.
2692 (c) Notwithstanding a local entity's failure, through inadvertence or oversight, to
2693 publish the notice or to publish the notice within 15 days before the date specified for receipt of
2694 bids, the governing body may proceed to let a contract for the improvements if the local entity
2695 receives at least three sealed and bona fide bids from contractors by the time specified for the
2696 receipt of bids.
2697 (d) A local entity may publish a notice required under this Subsection (3) at the same
2698 time as a notice under Section 11-42-202 .
2699 (4) (a) A local entity may accept as a sealed bid a bid that is:
2700 (i) manually sealed and submitted; or
2701 (ii) electronically sealed and submitted.
2702 (b) The governing body or project engineer shall, at the time specified in the notice
2703 under Subsection (3), open and examine the bids.
2704 (c) In open session, the governing body:
2705 (i) shall declare the bids; and
2706 (ii) may reject any or all bids if the governing body considers the rejection to be for the
2707 public good.
2708 (d) The local entity may award the contract to the lowest responsive, responsible bidder
2709 even if the price bid by that bidder exceeds the estimated costs as determined by the project
2710 engineer.
2711 (e) A local entity may in any case:
2712 (i) refuse to award a contract;
2713 (ii) obtain new bids after giving a new notice under Subsection (3);
2714 (iii) determine to abandon the assessment area; or
2715 (iv) not make some of the improvements proposed to be made.
2716 (5) A local entity is not required to let a contract as provided in this section for:
2717 (a) an improvement or part of an improvement the cost of which or the making of
2718 which is donated or contributed;
2719 (b) an improvement that consists of furnishing utility service or maintaining
2720 improvements;
2721 (c) labor, materials, or equipment supplied by the local entity;
2722 (d) the local entity's acquisition of completed or partially completed improvements in
2723 an assessment area;
2724 (e) design, engineering, and inspection costs incurred with respect to the construction
2725 of improvements in an assessment area; or
2726 (f) additional work performed in accordance with the terms of a contract duly let to the
2727 lowest responsible bidder.
2728 (6) A local entity may itself furnish utility service and maintain improvements within
2729 an assessment area.
2730 (7) (a) A local entity may acquire completed or partially completed improvements in an
2731 assessment area, but may not pay an amount for those improvements that exceeds their fair
2732 market value.
2733 (b) Upon the local entity's payment for completed or partially completed
2734 improvements, title to the improvements shall be conveyed to the local entity or another public
2735 agency.
2736 (8) The provisions of Title 11, Chapter 39, Building Improvements and Public Works
2737 Projects, and Section 72-6-108 do not apply to improvements to be constructed in an
2738 assessment area.
2739 Section 57. Section 11-42-402 is amended to read:
2740 11-42-402. Notice of assessment and board of equalization hearing.
2741 Each notice required under Subsection 11-42-401 (2)(a)(iii) shall:
2742 (1) state:
2743 (a) that an assessment list is completed and available for examination at the offices of
2744 the local entity;
2745 (b) the total estimated or actual cost of the improvements;
2746 (c) the amount of the total estimated or actual cost of the proposed improvements to be
2747 paid by the local entity;
2748 (d) the amount of the assessment to be levied against benefitted property within the
2749 assessment area;
2750 (e) the assessment method used to calculate the proposed assessment;
2751 (f) the unit cost used to calculate the assessments shown on the assessment list, based
2752 on the assessment method used to calculate the proposed assessment; and
2753 (g) the dates, times, and place of the board of equalization hearings under Subsection
2754 11-42-401 (2)(b);
2755 (2) beginning at least 20 but not more than 35 days before the first hearing of the board
2756 of equalization:
2757 (a) be published at least once [
2758
2759 63F-1-701 ; [
2760 (b) [
2761
2762 jurisdictional boundaries; and
2763 (3) be mailed, postage prepaid, within ten days after the first publication or posting of
2764 the notice under Subsection (2) to each owner of property to be assessed within the proposed
2765 assessment area at the property owner's mailing address.
2766 Section 58. Section 11-42-404 is amended to read:
2767 11-42-404. Adoption of a resolution or ordinance levying an assessment -- Notice
2768 of the adoption -- Effective date of resolution or ordinance -- Notice of assessment
2769 interest.
2770 (1) (a) After receiving a final report from a board of equalization under Subsection
2771 11-42-403 (5) or, if applicable, after the time for filing an appeal under Subsection
2772 11-42-403 (6) has passed, the governing body may adopt a resolution or ordinance levying an
2773 assessment against benefitted property within the assessment area.
2774 (b) Each local entity that levies an assessment under this chapter shall levy the
2775 assessment at one time only, unless the assessment is to pay operation and maintenance costs
2776 or the costs of economic promotion activities.
2777 (c) An assessment resolution or ordinance adopted under Subsection (1)(a):
2778 (i) need not describe each tract, block, lot, part of block or lot, or parcel of property to
2779 be assessed;
2780 (ii) need not include the legal description or tax identification number of the parcels of
2781 property assessed in the assessment area; and
2782 (iii) is adequate for purposes of identifying the property to be assessed within the
2783 assessment area if the assessment resolution or ordinance incorporates by reference the
2784 corrected assessment list that describes the property assessed by legal description and tax
2785 identification number.
2786 (2) (a) Each local entity that adopts an assessment resolution or ordinance shall give
2787 notice of the adoption by:
2788 (i) publishing a copy of the resolution or ordinance once [
2789
2790 Website as described in Section 63F-1-701 ; [
2791 (ii) [
2792
2793 the local entity's jurisdictional boundaries for at least 21 days.
2794 (b) No other publication or posting of the resolution or ordinance is required.
2795 (3) Notwithstanding any other statutory provision regarding the effective date of a
2796 resolution or ordinance, each assessment resolution or ordinance takes effect:
2797 (a) on the date of publication or posting of the notice under Subsection (2); or
2798 (b) at a later date provided in the resolution or ordinance.
2799 (4) (a) The governing body of each local entity that has adopted an assessment
2800 resolution or ordinance under Subsection (1) shall, within five days after the 25-day
2801 prepayment period under Subsection 11-42-411 (6) has passed, file a notice of assessment
2802 interest with the recorder of the county in which the assessed property is located.
2803 (b) Each notice of assessment interest under Subsection (4)(a) shall:
2804 (i) state that the local entity has an assessment interest in the assessed property;
2805 (ii) if the assessment is to pay operation and maintenance costs or for economic
2806 promotion activities, state the maximum number of years over which an assessment will be
2807 payable; and
2808 (iii) describe the property assessed by legal description and tax identification number.
2809 (c) A local entity's failure to file a notice of assessment interest under this Subsection
2810 (4) has no affect on the validity of an assessment levied under an assessment resolution or
2811 ordinance adopted under Subsection (1).
2812 Section 59. Section 11-42-604 is amended to read:
2813 11-42-604. Notice regarding resolution or ordinance authorizing interim
2814 warrants or bond anticipation notes -- Complaint contesting warrants or notes --
2815 Prohibition against contesting warrants and notes.
2816 (1) A local entity may publish notice, as provided in Subsection (2), of a resolution or
2817 ordinance that the governing body has adopted authorizing the issuance of interim warrants or
2818 bond anticipation notes.
2819 (2) (a) If a local entity chooses to publish notice under Subsection (1)[
2820 shall:
2821 (i) be published [
2822 Utah Public Notice Website as described in Section 63F-1-701 ;
2823 (ii) contain:
2824 (A) the name of the issuer of the interim warrants or bond anticipation notes;
2825 (B) the purpose of the issue;
2826 (C) the maximum principal amount that may be issued;
2827 (D) the maximum length of time over which the interim warrants or bond anticipation
2828 notes may mature;
2829 (E) the maximum interest rate, if there is a maximum rate; and
2830 (F) the times and place where a copy of the resolution or ordinance may be examined,
2831 as required under Subsection (2)(b).
2832 (b) The local entity shall allow examination of the resolution or ordinance authorizing
2833 the issuance of the interim warrants or bond anticipation notes at its office during regular
2834 business hours.
2835 (3) Any person may, within 30 days after publication of a notice under Subsection (1),
2836 file a verified, written complaint in the district court of the county in which the person resides,
2837 contesting the regularity, formality, or legality of the interim warrants or bond anticipation
2838 notes issued by the local entity or the proceedings relating to the issuance of the interim
2839 warrants or bond anticipation notes.
2840 (4) After the 30-day period under Subsection (3), no person may contest the regularity,
2841 formality, or legality of the interim warrants or bond anticipation notes issued by a local entity
2842 under the resolution or ordinance that was the subject of the notice under Subsection (1), or the
2843 proceedings relating to the issuance of the interim warrants or bond anticipation notes.
2844 Section 60. Section 13-31-302 is amended to read:
2845 13-31-302. Sale of molds for payment of lien.
2846 (1) (a) Prior to selling a mold, the molder shall send written notice by registered mail to
2847 the last-known address of the customer.
2848 (b) The notice required by Subsection (1)(a) shall include:
2849 (i) the molder's intention to sell the mold 30 days from the day the customer received
2850 the notice;
2851 (ii) the description of the mold to be sold;
2852 (iii) the time and place of the sale; and
2853 (iv) an itemized statement for the amount due the molder from the customer.
2854 (c) A molder shall publish notice of the molder's intention to sell a mold [
2855
2856 Public Notice Website as described in Section 63F-1-701 , if:
2857 (i) the receipt of the mailing of the notice described in Subsection (1)(a) is not
2858 returned; or
2859 (ii) the postal service returns the notice described in Subsection (1)(a) as being
2860 nondeliverable.
2861 (d) The notice provided for in Subsection (1)(c) shall include a description of the mold.
2862 (2) A molder may sell a mold 30 days from the later of the day:
2863 (a) the customer received the notice in accordance with Subsection (1)(a); or
2864 (b) the date the molder published the notice under Subsection (1)(c).
2865 (3) If from the sale of a mold under this section the molder receives an amount in
2866 excess of the amount of the lien, the excess shall be paid as follows:
2867 (a) to any prior lienholder known to the molder at the time of the sale; and
2868 (b) after paying any lienholder under Subsection (3)(a), the remainder:
2869 (i) if the customer's address is known at the time of sale, to the customer; or
2870 (ii) if the customer's address is not known at the time of sale, to the state in accordance
2871 with Title 67, Chapter 4a, Unclaimed Property Act.
2872 Section 61. Section 13-44-202 is amended to read:
2873 13-44-202. Personal information -- Disclosure of system security breach.
2874 (1) (a) A person who owns or licenses computerized data that includes personal
2875 information concerning a Utah resident shall, when the person becomes aware of a breach of
2876 system security, conduct in good faith a reasonable and prompt investigation to determine the
2877 likelihood that personal information has been or will be misused for identity theft or fraud
2878 purposes.
2879 (b) If an investigation under Subsection (1)(a) reveals that the misuse of personal
2880 information for identity theft or fraud purposes has occurred, or is reasonably likely to occur,
2881 the person shall provide notification to each affected Utah resident.
2882 (2) A person required to provide notification under Subsection (1) shall provide the
2883 notification in the most expedient time possible without unreasonable delay:
2884 (a) considering legitimate investigative needs of law enforcement, as provided in
2885 Subsection (4)(a);
2886 (b) after determining the scope of the breach of system security; and
2887 (c) after restoring the reasonable integrity of the system.
2888 (3) (a) A person who maintains computerized data that includes personal information
2889 that the person does not own or license shall notify and cooperate with the owner or licensee of
2890 the information of any breach of system security immediately following the person's discovery
2891 of the breach if misuse of the personal information occurs or is reasonably likely to occur.
2892 (b) Cooperation under Subsection (3)(a) includes sharing information relevant to the
2893 breach with the owner or licensee of the information.
2894 (4) (a) Notwithstanding Subsection (2), a person may delay providing notification
2895 under Subsection (1) at the request of a law enforcement agency that determines that
2896 notification may impede a criminal investigation.
2897 (b) A person who delays providing notification under Subsection (4)(a) shall provide
2898 notification in good faith without unreasonable delay in the most expedient time possible after
2899 the law enforcement agency informs the person that notification will no longer impede the
2900 criminal investigation.
2901 (5) (a) A notification required by this section may be provided:
2902 (i) in writing by first-class mail to the most recent address the person has for the
2903 resident;
2904 (ii) electronically, if the person's primary method of communication with the resident is
2905 by electronic means, or if provided in accordance with the consumer disclosure provisions of
2906 15 U.S.C. Section 7001;
2907 (iii) by telephone, including through the use of automatic dialing technology not
2908 prohibited by other law; or
2909 (iv) by publishing notice of the breach of system security [
2910
2911 (b) If a person maintains the person's own notification procedures as part of an
2912 information security policy for the treatment of personal information the person is considered
2913 to be in compliance with this chapter's notification requirements if the procedures are otherwise
2914 consistent with this chapter's timing requirements and the person notifies each affected Utah
2915 resident in accordance with the person's information security policy in the event of a breach.
2916 (c) A person who is regulated by state or federal law and maintains procedures for a
2917 breach of system security under applicable law established by the primary state or federal
2918 regulator is considered to be in compliance with this part if the person notifies each affected
2919 Utah resident in accordance with the other applicable law in the event of a breach.
2920 (6) A waiver of this section is contrary to public policy and is void and unenforceable.
2921 Section 62. Section 16-4-206 is amended to read:
2922 16-4-206. Service and publication of notice of assessment.
2923 (1) The notice of assessment required by Section 16-4-205 shall be:
2924 (a) personally served on each shareholder; or
2925 (b) sent by first-class mail to each shareholder at the address shown on the
2926 corporation's records.
2927 (2) A shareholder is responsible for providing the shareholder's current mailing address
2928 to the corporation for purposes of Subsection (1).
2929 (3) (a) Except as provided in Subsection (3)(b), a notice of assessment shall be
2930 published once a week for two weeks [
2931
2932 Section 63F-1-701 .
2933 (b) A water company may elect not to publish notice under Subsection (3)(a).
2934 Section 63. Section 16-4-303 is amended to read:
2935 16-4-303. Service and publication of notice of sale.
2936 (1) The notice of sale required by Section 16-4-302 shall be:
2937 (a) personally served on each shareholder whose share is subject to sale; or
2938 (b) sent by certified mail, return-receipt requested, to each shareholder whose share is
2939 subject to sale at the address shown on the corporation's records.
2940 (2) A shareholder is responsible for providing the shareholder's current mailing address
2941 to the corporation for purposes of Subsection (1).
2942 (3) The notice required by Subsection (1) shall be served or mailed at least 15 days, but
2943 not more than 30 days before the day on which the sale is to occur.
2944 (4) A notice of sale shall be published once a week for two weeks [
2945
2946 Public Notice Website as described in Section 63F-1-701 beginning at least 15 days but no
2947 more than 45 days before the day on which the sale is to occur.
2948 Section 64. Section 16-4-312 is amended to read:
2949 16-4-312. Affidavit and posting of notice -- Evidence.
2950 (1) An affidavit made by the secretary of a corporation of the mailing of a notice
2951 required by this chapter is prima facie evidence of the existence and mailing of the notice.
2952 (2) The publication of a notice on the Utah Public Notice Website as described in
2953 Section 63F-1-701 under this chapter may be proved by the affidavit [
2954
2955 Utah Public Notice Website as described in Section 63F-1-701 .
2956 (3) The affidavit of the secretary of the corporation or the auctioneer responsible for
2957 selling shares is prima facie evidence of:
2958 (a) the time and place of sale;
2959 (b) the quantity and particular description of the shares sold;
2960 (c) to whom and for what price the shares were sold; and
2961 (d) the fact of the purchase money being paid.
2962 (4) The affidavits referenced in this section shall be filed in the corporation's office.
2963 (5) A copy of an affidavit referenced in this section is prima facie evidence of the facts
2964 contained in the affidavit if the affidavit is certified by the secretary.
2965 Section 65. Section 16-6a-103 is amended to read:
2966 16-6a-103. Notice.
2967 (1) Notice given under this chapter shall be in writing unless oral notice is reasonable
2968 under the circumstances.
2969 (2) (a) Notice may be communicated:
2970 (i) in person;
2971 (ii) by telephone;
2972 (iii) by any form of electronic communication; or
2973 (iv) by mail or private carrier.
2974 (b) If the forms of personal notice described in Subsection (2)(a) are impracticable,
2975 notice may be communicated by:
2976 (i) [
2977
2978 the Utah Public Notice Website as described in Section 63F-1-701 ; or
2979 (ii) radio, television, or other form of public broadcast communication in the county or
2980 similar governmental subdivision in which the corporation's principal or registered office is
2981 located.
2982 (3) Written notice to a domestic or foreign nonprofit corporation authorized to conduct
2983 affairs in this state may be addressed to:
2984 (a) its registered agent at its registered office; or
2985 (b) the corporation's secretary at its principal office.
2986 (4) (a) Written notice by a domestic or foreign nonprofit corporation to its members, is
2987 effective as to each member when mailed, if:
2988 (i) in a comprehensible form; and
2989 (ii) addressed to the member's address shown in the domestic or foreign nonprofit
2990 corporation's current record of members.
2991 (b) If three successive notices given to a member pursuant to Subsection (5) have been
2992 returned as undeliverable, further notices to that member are not necessary until another
2993 address of the member is made known to the nonprofit corporation.
2994 (5) Except as provided in Subsection (4), written notice, if in a comprehensible form, is
2995 effective at the earliest of the following:
2996 (a) when received;
2997 (b) five days after it is mailed; or
2998 (c) on the date shown on the return receipt if:
2999 (i) sent by registered or certified mail;
3000 (ii) sent return receipt requested; and
3001 (iii) the receipt is signed by or on behalf of the addressee.
3002 (6) Oral notice is effective when communicated if communicated in a comprehensible
3003 manner.
3004 (7) Notice by publication is effective on the date of first publication.
3005 (8) A written notice or report delivered as part of a newsletter, magazine, or other
3006 publication regularly sent to members shall constitute a written notice or report if:
3007 (a) addressed or delivered to the member's address shown in the nonprofit corporation's
3008 current list of members; or
3009 (b) if two or more members are residents of the same household and have the same
3010 address in the nonprofit corporation's current list of members, addressed or delivered to one of
3011 the members at the address appearing on the current list of members.
3012 (9) (a) If this chapter prescribes notice requirements for particular circumstances, the
3013 notice requirements for the particular circumstances govern.
3014 (b) If articles of incorporation or bylaws prescribe notice requirements not inconsistent
3015 with this section or other provisions of this chapter, the notice requirements of the articles of
3016 incorporation or bylaws govern.
3017 Section 66. Section 16-6a-704 is amended to read:
3018 16-6a-704. Notice of meeting.
3019 (1) A nonprofit corporation shall give to each member entitled to vote at the meeting
3020 notice consistent with its bylaws of meetings of members in a fair and reasonable manner.
3021 (2) Any notice that conforms to the requirements of Subsection (3) is fair and
3022 reasonable, but other means of giving notice may also be fair and reasonable when all the
3023 circumstances are considered.
3024 (3) Notice is fair and reasonable if:
3025 (a) the nonprofit corporation notifies its members of the place, date, and time of each
3026 annual, regular, and special meeting of members:
3027 (i) no fewer than ten days before the meeting;
3028 (ii) if notice is mailed by other than first-class or registered mail, no fewer than 30
3029 days, nor more than 60 days before the meeting date; and
3030 (iii) if notice is given by [
3031 described in Section 63F-1-701 as provided in Subsection 16-6a-103 (2), by publication three
3032 separate times with:
3033 (A) the first of the publications no more than 60 days before the meeting date; and
3034 (B) the last of the publications no fewer than ten days before the meeting date;
3035 (b) the notice of an annual or regular meeting includes a description of any matter or
3036 matters that:
3037 (i) must be approved by the members; or
3038 (ii) for which the members' approval is sought under Sections 16-6a-825 , 16-6a-910 ,
3039 16-6a-1003 , 16-6a-1010 , 16-6a-1102 , 16-6a-1202 , and 16-6a-1402 ; and
3040 (c) unless otherwise provided by this chapter or the bylaws, the notice of a special
3041 meeting includes a description of the purpose or purposes for which the meeting is called.
3042 (4) (a) Unless otherwise provided by the bylaws, if an annual, regular, or special
3043 meeting of members is adjourned to a different date, time, or place, notice need not be given of
3044 the new date, time, or place, if the new date, time, or place is announced at the meeting before
3045 adjournment.
3046 (b) Notwithstanding Subsection (4)(a), if a new record date for the adjourned meeting
3047 is or shall be fixed under Section 16-6a-706 , notice of the adjourned meeting shall be given
3048 under this section to the members of record as of the new record date.
3049 (5) When giving notice of an annual, regular, or special meeting of members, a
3050 nonprofit corporation shall give notice of a matter a member intends to raise at the meeting if:
3051 (a) requested in writing to do so by a person entitled to call a special meeting; and
3052 (b) the request is received by the secretary or president of the nonprofit corporation at
3053 least ten days before the nonprofit corporation gives notice of the meeting.
3054 Section 67. Section 16-6a-814 is amended to read:
3055 16-6a-814. Notice of meeting.
3056 (1) (a) A nonprofit corporation shall give to each director entitled to vote at an annual
3057 meeting notice of the annual meeting consistent with the nonprofit corporation's bylaws in a
3058 fair and reasonable manner.
3059 (b) Notice under Subsection (1)(a) is fair and reasonable if the nonprofit corporation
3060 notifies each director of the place, date, and time of the annual meeting:
3061 (i) no fewer than ten days before the meeting, unless otherwise provided by the bylaws;
3062 (ii) if notice is mailed by other than first-class or registered mail, no fewer than 30
3063 days, nor more than 60 days before the meeting date; and
3064 (iii) if notice is given by [
3065 described in Section 63F-1-701 as provided in Subsection 16-6a-103 (2), by publication three
3066 separate times with:
3067 (A) the first of the publications no more than 60 days before the meeting date; and
3068 (B) the last of the publications no fewer than ten days before the meeting date.
3069 (2) Unless otherwise provided in this chapter or in the bylaws, regular meetings of the
3070 board of directors may be held without notice of the date, time, place, or purpose of the
3071 meeting.
3072 (3) (a) Unless the bylaws provide for a longer or shorter period, special meetings of the
3073 board of directors shall be preceded by at least two days notice of the date, time, and place of
3074 the meeting.
3075 (b) The notice required by Subsection (3)(a) need not describe the purpose of the
3076 special meeting unless otherwise required by this chapter or the bylaws.
3077 Section 68. Section 16-6a-1407 is amended to read:
3078 16-6a-1407. Disposition of claims by publication.
3079 (1) A dissolved nonprofit corporation may publish notice of its dissolution and request
3080 that persons with claims against the nonprofit corporation present them in accordance with the
3081 notice.
3082 (2) The notice described in Subsection (1) shall:
3083 (a) be published one time [
3084 Notice Website as described in Section 63F-1-701 ;
3085 [
3086 [
3087 [
3088
3089 [
3090 (b) describe the information that shall be included in a claim;
3091 (c) provide an address at which any claim shall be given to the nonprofit corporation;
3092 and
3093 (d) state that unless sooner barred by any other statute limiting actions, a claim will be
3094 barred if an action to enforce the claim is not commenced within three years after publication
3095 of the notice.
3096 (3) If the dissolved nonprofit corporation publishes [
3097 Public Notice Website as described in Section 63F-1-701 in accordance with Subsection (2),
3098 then unless sooner barred under Section 16-6a-1406 or under any other statute limiting actions,
3099 the claim of any claimant against the dissolved nonprofit corporation is barred unless the
3100 claimant commences an action to enforce the claim against the dissolved nonprofit corporation
3101 within three years after the publication date of the notice.
3102 (4) For purposes of this section:
3103 (a) "claim" means any claim, including claims of this state, whether:
3104 (i) known;
3105 (ii) due or to become due;
3106 (iii) absolute or contingent;
3107 (iv) liquidated or unliquidated;
3108 (v) founded on contract, tort, or other legal basis; or
3109 (vi) otherwise; and
3110 (b) an action to enforce a claim includes:
3111 (i) any civil action; and
3112 (ii) any arbitration under any agreement for binding arbitration between the dissolved
3113 nonprofit corporation and the claimant.
3114 Section 69. Section 16-10a-103 is amended to read:
3115 16-10a-103. Notice.
3116 (1) (a) Notice given under this chapter must be in writing unless oral notice is
3117 reasonable under the circumstances.
3118 (b) Notice by electronic transmission is written notice.
3119 (2) (a) Subject to compliance with any requirement that notice be in writing, notice
3120 may be communicated in person, by telephone, by any form of electronic transmission, or by
3121 mail or private carrier.
3122 (b) If the forms of personal notice listed in Subsection (2)(a) are impracticable, notice
3123 may be communicated:
3124 (i) by [
3125
3126 Website as described in Section 63F-1-701 ;
3127 (ii) by radio, television, or other form of public broadcast communication in the county
3128 or subdivision; or
3129 (iii) if the corporation has no office in this state, in the manner allowed by Subsection
3130 (2)(b)(i) or (ii) but in Salt Lake County.
3131 (3) (a) Written notice by a domestic or foreign corporation to its shareholders or
3132 directors, if in a comprehensible form, is effective as to each shareholder or director:
3133 (i) when mailed, if addressed to the shareholder's or director's address shown in the
3134 corporation's current record of the shareholder or director; or
3135 (ii) when electronically transmitted to the shareholder or director, in a manner and to
3136 an address provided by the shareholder or director in an unrevoked consent.
3137 (b) Consent under Subsection (3)(a)(ii) is considered revoked if:
3138 (i) the corporation is unable to deliver by electronic transmission two consecutive
3139 notices transmitted by the corporation based on that consent; and
3140 (ii) the corporation's inability to deliver notice by electronic transmission under
3141 Subsection (3)(b)(i) is known by the:
3142 (A) corporation's secretary;
3143 (B) an assistant secretary or transfer agent of the corporation; or
3144 (C) any other person responsible for providing notice.
3145 (c) Notwithstanding Subsection (3)(b), a corporation's failure to treat consent under
3146 Subsection (3)(a) as revoked does not invalidate any meeting or other act.
3147 (d) Delivery of a notice to shareholders may be excused in accordance with Subsection
3148 16-10a-705 (5).
3149 (4) Written notice to a domestic or foreign corporation authorized to transact business
3150 in this state may be addressed to the corporation's:
3151 (a) registered agent; or
3152 (b) secretary at its principal office.
3153 (5) Except as provided in Subsection (3), written notice, if in a comprehensible form, is
3154 effective at the earliest of the following:
3155 (a) when received;
3156 (b) five days after it is mailed; or
3157 (c) on the date shown on the return receipt if sent by registered or certified mail, return
3158 receipt requested, and the receipt is signed by or on behalf of the addressee.
3159 (6) Oral notice is effective when communicated if communicated in a comprehensible
3160 manner.
3161 (7) Notice by publication is effective on the date of first publication.
3162 (8) (a) If this chapter prescribes notice requirements for particular circumstances, those
3163 requirements govern.
3164 (b) If articles of incorporation or bylaws prescribe notice requirements, not inconsistent
3165 with this section or other provisions of this chapter, those requirements govern.
3166 Section 70. Section 16-10a-1407 is amended to read:
3167 16-10a-1407. Disposition of claims by publication -- Disposition in absence of
3168 publication.
3169 (1) A dissolved corporation may publish notice of its dissolution and request that
3170 persons with claims against the corporation present them in accordance with the notice.
3171 (2) The notice contemplated in Subsection (1) must:
3172 (a) be published one time [
3173
3174
3175 63F-1-701 ;
3176 (b) describe the information that must be included in a claim and provide an address at
3177 which any claim must be given to the corporation; and
3178 (c) state that unless sooner barred by any other statute limiting actions, the claim will
3179 be barred if an action to enforce the claim is not commenced within five years after the
3180 publication of the notice.
3181 (3) If the dissolved corporation publishes a newspaper notice in accordance with
3182 Subsection (2), then unless sooner barred under Section 16-10a-1406 or under any other statute
3183 limiting actions, the claim of any claimant against the dissolved corporation is barred unless the
3184 claimant commences an action to enforce the claim against the dissolved corporation within
3185 five years after the publication date of the notice.
3186 (4) (a) For purposes of this section, "claim" means any claim, including claims of this
3187 state, whether known, due or to become due, absolute or contingent, liquidated or unliquidated,
3188 founded on contract, tort, or other legal basis, or otherwise.
3189 (b) For purposes of this section, an action to enforce a claim includes any civil action,
3190 and any arbitration under any agreement for binding arbitration between the dissolved
3191 corporation and the claimant.
3192 (5) If a dissolved corporation does not publish a newspaper notice in accordance with
3193 Subsection (2), then unless sooner barred under Section 16-10a-1406 or under any other statute
3194 limiting actions, the claim of any claimant against the dissolved corporation is barred unless the
3195 claimant commences an action to enforce the claim against the dissolved corporation within
3196 seven years after the date the corporation was dissolved.
3197 Section 71. Section 16-16-1209 is amended to read:
3198 16-16-1209. Other claims against dissolved limited cooperative association.
3199 (1) A dissolved limited cooperative association may publish notice of its dissolution
3200 and request persons having claims against the association to present them in accordance with
3201 the notice.
3202 (2) A notice under Subsection (1) must:
3203 (a) be published at least once [
3204
3205
3206
3207 Section 63F-1-701 ;
3208 (b) describe the information required to be contained in a claim and provide an address
3209 to which the claim is to be sent; and
3210 (c) state that a claim against the association is barred unless an action to enforce the
3211 claim is commenced not later than three years after publication of the notice.
3212 (3) If a dissolved limited cooperative association publishes a notice in accordance with
3213 Subsection (2), the claim of each of the following claimants is barred unless the claimant
3214 commences an action to enforce the claim not later than three years after the first publication
3215 date of the notice:
3216 (a) a claimant that is entitled to but did not receive notice in a record under Section
3217 16-16-1208 ; and
3218 (b) a claimant whose claim is contingent or based on an event occurring after the
3219 effective date of dissolution.
3220 (4) A claim not barred under this section may be enforced:
3221 (a) against a dissolved limited cooperative association, to the extent of its undistributed
3222 assets; or
3223 (b) if the association's assets have been distributed in connection with winding up the
3224 association's activities against a member or holder of financial rights to the extent of that
3225 person's proportionate share of the claim or the association's assets distributed to the person in
3226 connection with the winding up, whichever is less. The person's total liability for all claims
3227 under this Subsection (4) shall not exceed the total amount of assets distributed to the person as
3228 part of the winding up of the association.
3229 Section 72. Section 17-16-3 is amended to read:
3230 17-16-3. Consolidation of offices.
3231 (1) A county legislative body may, unless prohibited by Subsection (2), pass an
3232 ordinance that:
3233 (a) consolidates county offices and establishes the duties of those consolidated offices;
3234 (b) separates any previously consolidated offices and reconsolidates them; or
3235 (c) separates any previously consolidated offices without reconsolidating them.
3236 (2) A county legislative body may not:
3237 (a) consolidate the offices of county commissioner, county council member, or county
3238 treasurer with the office of county auditor;
3239 (b) consolidate the office of county executive with the office of county auditor, unless a
3240 referendum approving that consolidation passes; or
3241 (c) consolidate the offices of county commissioner, county council member, county
3242 executive, county assessor, or county auditor with the office of county treasurer.
3243 (3) Each county legislative body shall ensure that any ordinance consolidating or
3244 separating county offices:
3245 (a) is enacted before the February 1 of the year in which county officers are elected;
3246 and
3247 (b) takes effect on the first Monday in January after the year in which county officers
3248 are elected.
3249 (4) (a) Each county legislative body shall:
3250 (i) enact an ordinance by February 1, 2010, separating any county offices that are
3251 prohibited from consolidation by this section; and
3252 (ii) publish, by February 15, 2010, a notice [
3253
3254 the county offices that will be filled in the November 2010 election.
3255 (b) (i) If a county legislative body has, by February 1, 2006, enacted an ordinance, in
3256 compliance with this Subsection (4) then in effect, separating county offices that are prohibited
3257 from consolidation by this section, the county legislative body may repeal that ordinance.
3258 (ii) If a county legislative body has published notice [
3259 Public Notice Website as described in Section 63F-1-701 identifying the county offices that
3260 will be filled in the November 2006 election, and that notice, because of a repeal of an
3261 ordinance under Subsection (4)(b)(i), is incorrect, the county legislative body shall publish
3262 notice [
3263 Website as described in Section 63F-1-701 indicating that the previous notice was incorrect
3264 and correctly identifying the county offices that will be filled in the November 2006 election.
3265 Section 73. Section 17-27a-204 is amended to read:
3266 17-27a-204. Notice of public hearings and public meetings to consider general
3267 plan or modifications.
3268 (1) A county shall provide:
3269 (a) notice of the date, time, and place of the first public hearing to consider the original
3270 adoption or any modification of all or any portion of a general plan; and
3271 (b) notice of each public meeting on the subject.
3272 (2) Each notice of a public hearing under Subsection (1)(a) shall be at least ten
3273 calendar days before the public hearing and shall be:
3274 (a) published [
3275 Notice Website as described in Section 63F-1-701 ;
3276 (b) mailed to each affected entity; and
3277 (c) posted:
3278 (i) in at least three public locations within the county; or
3279 (ii) on the county's official website.
3280 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
3281 before the meeting and shall be:
3282 (a) submitted [
3283 Notice Website as described in Section 63F-1-701 ; and
3284 (b) posted:
3285 (i) in at least three public locations within the county; or
3286 (ii) on the county's official website.
3287 Section 74. Section 17-27a-205 is amended to read:
3288 17-27a-205. Notice of public hearings and public meetings on adoption or
3289 modification of land use ordinance.
3290 (1) Each county shall give:
3291 (a) notice of the date, time, and place of the first public hearing to consider the
3292 adoption or modification of a land use ordinance; and
3293 (b) notice of each public meeting on the subject.
3294 (2) Each notice of a public hearing under Subsection (1)(a) shall be:
3295 (a) mailed to each affected entity at least ten calendar days before the public hearing;
3296 (b) posted:
3297 (i) in at least three public locations within the county; or
3298 (ii) on the county's official website; and
3299 (c) (i) published [
3300 Notice Website as described in Section 63F-1-701 at least ten calendar days before the public
3301 hearing; or
3302 (ii) mailed at least three days before the public hearing to:
3303 (A) each property owner whose land is directly affected by the land use ordinance
3304 change; and
3305 (B) each adjacent property owner within the parameters specified by county ordinance.
3306 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
3307 before the hearing and shall be posted:
3308 (a) in at least three public locations within the county; or
3309 (b) on the county's official website.
3310 Section 75. Section 17-27a-208 is amended to read:
3311 17-27a-208. Hearing and notice for proposal to vacate, alter, or amend a public
3312 street or right-of-way.
3313 For any proposal to vacate, alter, or amend a public street or right-of-way, the land use
3314 authority shall hold a public hearing and shall give notice of the date, place, and time of the
3315 hearing by:
3316 (1) mailing notice as required in Section 17-27a-207 ;
3317 (2) mailing notice to each affected entity; and
3318 (3) (a) publishing notice once a week for four consecutive weeks before the hearing [
3319
3320
3321 (b) [
3322 and posting notice in three public places for four consecutive weeks before the hearing.
3323 Section 76. Section 17-27a-306 is amended to read:
3324 17-27a-306. Townships.
3325 (1) (a) (i) Subject to Subsection (1)(a)(ii), a county legislative body may, without
3326 having received a petition under Subsection (1)(b), enact an ordinance establishing a township
3327 within the unincorporated county or dividing the unincorporated county into townships.
3328 (ii) Before enacting an ordinance under Subsection (1)(a)(i), the county legislative
3329 body shall, after providing reasonable advance notice, hold a public hearing on the proposal to
3330 establish a township or to divide the unincorporated county into townships.
3331 (b) If 25% of the private real property owners in a contiguous area of the
3332 unincorporated county petition the county legislative body to establish a township for that area,
3333 the county legislative body shall:
3334 (i) hold a public hearing to discuss the petition;
3335 (ii) at least one week before the public hearing, publish notice of the petition and the
3336 time, date, and place of the public hearing at least once [
3337
3338 (iii) at the public hearing, consider oral and written testimony from the public and vote
3339 on the question of whether or not to establish a township.
3340 (c) If the county legislative body establishes a township pursuant to a petition, the
3341 members of the township planning commission shall be appointed as provided in Subsection
3342 17-27a-301 (3)(b) to perform the duties established in this part for the township.
3343 (d) Except as provided in Subsection (1)(e), each township shall:
3344 (i) contain:
3345 (A) at least 20% but not more than 80% of:
3346 (I) the total private land area in the unincorporated county; or
3347 (II) the total value of locally assessed taxable property in the unincorporated county; or
3348 (B) (I) in a county of the first, second, or third class, at least 5% of the total population
3349 of the unincorporated county; or
3350 (II) in a county of the fourth, fifth, or sixth class, at least 25% of the total population of
3351 the unincorporated county; or
3352 (ii) have been declared by the United States Census Bureau as a census designated
3353 place.
3354 (e) (i) (A) A township that was dissolved under Laws of Utah 1997, Chapter 389, is
3355 reinstated as a township under this part with the same boundaries and name as before the
3356 dissolution, if the former township consisted of a single, contiguous land area.
3357 (B) Notwithstanding Subsection (1)(e)(i)(A), a county legislative body may enact an
3358 ordinance establishing as a township under this part a former township that was dissolved
3359 under Laws of Utah 1997, Chapter 389, even though the former township does not qualify to be
3360 reinstated under Subsection (1)(e)(i)(A).
3361 (C) A township reinstated under Subsection (1)(e)(i)(A) or established under
3362 Subsection (1)(e)(i)(B) shall be subject to the provisions of this part.
3363 (ii) Each planning district established under Laws of Utah 1995, Chapter 225, and each
3364 township planning district established under Laws of Utah 1997, Chapter 389, shall continue in
3365 existence as a township, subject to the provisions of this part.
3366 (f) (i) After May 1, 2002, the legislative body of each county in which a township that
3367 has been reconstituted under Laws of Utah 1997, Chapter 389, or reinstated under Subsection
3368 (1)(e)(i) is located shall review the township and determine whether its continued existence is
3369 advisable.
3370 (ii) In conducting the review required under Subsection (1)(f)(i), the county legislative
3371 body shall hold a public hearing with reasonable, advance, published notice of the hearing and
3372 the purpose of the hearing.
3373 (iii) Each township that has been reconstituted under Laws of Utah 1997, Chapter 389,
3374 or reinstated or established under Subsection (1)(e)(i) and its planning commission shall
3375 continue in effect, unless, within 90 days after conducting the review and public hearing
3376 required under Subsections (1)(f)(i) and (ii), the county legislative body by ordinance dissolves
3377 the township and its planning commission.
3378 (g) A township established under this section on or after May 5, 1997, may use the
3379 word "township" in its name.
3380 (2) (a) If the county legislative body establishes a township without having received a
3381 petition, the county legislative body may:
3382 (i) assign to the countywide planning commission the duties established in this part that
3383 would have been assumed by a township planning commission designated under Subsection
3384 (2)(a)(ii); or
3385 (ii) designate a planning commission for the township.
3386 (b) (i) If the county legislative body fails to designate a planning commission for a
3387 township, 40% of the private real property owners in the area proposed to be included in the
3388 township, as shown by the last county assessment roll, may petition the county legislative body
3389 to designate and appoint a planning commission for the township.
3390 (ii) If the county legislative body determines that the petition is validly signed by 40%
3391 of the private real property owners in the township, as shown by the last county assessment
3392 roll, it shall designate and appoint a planning commission for the township.
3393 (3) (a) Except as provided in Subsection (1)(f)(iii), a county legislative body may
3394 dissolve township planning commissions created under the authority of this section only by
3395 following the procedures and requirements of this Subsection (3).
3396 (b) If 20% of the private real property owners in the county petition the county
3397 legislative body to dissolve township planning commissions and to appoint a countywide
3398 planning commission, the county legislative body shall:
3399 (i) hold a public hearing to discuss the petition;
3400 (ii) at least one week before the public hearing, publish notice of the petition and the
3401 time, date, and place of the public hearing at least once [
3402
3403 (iii) at the public hearing, consider oral and written testimony from the public and vote
3404 on the question of whether or not to dissolve township planning commissions and to appoint a
3405 countywide planning commission.
3406 (c) (i) If the county legislative body fails to dissolve township planning commissions
3407 and to appoint a countywide planning commission when petitioned to do so by private real
3408 property owners under this Subsection (3), 40% of private real property owners in the county,
3409 as shown by the last county assessment roll, may petition the county legislative body to
3410 dissolve the township planning commissions and to appoint a countywide planning
3411 commission.
3412 (ii) If the county legislative body determines that the petition is validly signed by 40%
3413 of private real property owners in the township, as shown by the last county assessment roll, it
3414 shall dissolve the township planning commissions and appoint a countywide planning
3415 commission.
3416 Section 77. Section 17-27a-404 is amended to read:
3417 17-27a-404. Public hearing by planning commission on proposed general plan or
3418 amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
3419 by legislative body.
3420 (1) (a) After completing its recommendation for a proposed general plan, or proposal to
3421 amend the general plan, the planning commission shall schedule and hold a public hearing on
3422 the proposed plan or amendment.
3423 (b) The planning commission shall provide notice of the public hearing, as required by
3424 Section 17-27a-204 .
3425 (c) After the public hearing, the planning commission may modify the proposed
3426 general plan or amendment.
3427 (2) The planning commission shall forward the proposed general plan or amendment to
3428 the legislative body.
3429 (3) (a) As provided by local ordinance and by Section 17-27a-204 , the legislative body
3430 shall provide notice of its intent to consider the general plan proposal.
3431 (b) (i) In addition to the requirements of Subsections (1), (2), and (3)(a), the legislative
3432 body shall hold a public hearing in Salt Lake City on provisions of the proposed county plan
3433 regarding Subsection 17-27a-401 (3). The hearing procedure shall comply with this Subsection
3434 (3)(b).
3435 (ii) The hearing format shall allow adequate time for public comment at the actual
3436 public hearing, and shall also allow for public comment in writing to be submitted to the
3437 legislative body for not fewer than 90 days after the date of the public hearing.
3438 (c) (i) The legislative body shall give notice of the hearing in accordance with this
3439 Subsection (3) when the proposed plan provisions required by Subsection 17-27a-401 (3) are
3440 complete.
3441 (ii) Direct notice of the hearing shall be given, in writing, to the governor, members of
3442 the state Legislature, executive director of the Department of Environmental Quality, the state
3443 planning coordinator, the Resource Development Coordinating Committee, and any other
3444 citizens or entities who specifically request notice in writing.
3445 (iii) Public notice shall be given by publication [
3446
3447
3448
3449 Website as described in Section 63F-1-701 .
3450 (iv) The notice [
3451 in Section 63F-1-701 shall be published not fewer than 180 days prior to the date of the hearing
3452 to be held under this Subsection (3), to allow reasonable time for interested parties and the state
3453 to evaluate the information regarding the provisions of Subsection 17-27a-401 (3).
3454 (4) (a) After the public hearing required under this section, the legislative body may
3455 make any revisions to the proposed general plan that it considers appropriate.
3456 (b) The legislative body shall respond in writing and in a substantive manner to all
3457 those providing comments as a result of the hearing required by Subsection (3).
3458 (5) (a) The county legislative body may adopt or reject the proposed general plan or
3459 amendment either as proposed by the planning commission or after making any revision the
3460 county legislative body considers appropriate.
3461 (b) If the county legislative body rejects the proposed general plan or amendment, it
3462 may provide suggestions to the planning commission for its consideration.
3463 (6) The legislative body shall adopt:
3464 (a) a land use element as provided in Subsection 17-27a-403 (2)(a)(i);
3465 (b) a transportation and traffic circulation element as provided in Subsection
3466 17-27a-403 (2)(a)(ii); and
3467 (c) after considering the factors included in Subsection 17-27a-403 (2)(b), a plan to
3468 provide a realistic opportunity to meet estimated needs for additional moderate income housing
3469 if long-term projections for land use and development occur.
3470 Section 78. Section 17-30-6 is amended to read:
3471 17-30-6. Examinations -- How prepared, conducted, and graded -- Notice of
3472 examination.
3473 (1) (a) When necessary, the commission shall give competitive examinations to
3474 determine the qualification of applicants for positions as peace officers.
3475 (b) The examinations shall be practical in character and shall relate to matters that will
3476 fairly test the mental and physical ability and knowledge of the applicants to discharge the
3477 duties of the positions.
3478 (c) The examinations shall be prepared, conducted, and graded under the direction of
3479 the commission, or by impartial special examiners if the commission finds it necessary.
3480 (2) (a) Notice of examination shall be published one time not less than 15 days prior to
3481 the examination [
3482 Public Notice Website as described in Section 63F-1-701 and shall be posted in a conspicuous
3483 place in the office of the department concerned.
3484 (b) The notice shall set forth minimum and maximum wages, physical and educational
3485 requirements, and passing grades, which shall be not less than 70%.
3486 (c) A person completing an examination shall be promptly notified by mail at his last
3487 known address of his final grade.
3488 Section 79. Section 17-36-12 is amended to read:
3489 17-36-12. Notice of budget hearing.
3490 The governing body shall determine the time and place for the public hearing on the
3491 adoption of the budget. Notice of such hearing shall be published at least seven days before the
3492 hearing [
3493
3494 hearing shall be published by posting notice in three conspicuous places within the county.
3495 Section 80. Section 17-36-25 is amended to read:
3496 17-36-25. Budget appropriation increase.
3497 The budget appropriation of any budgetary fund other than the general fund may be
3498 increased at any regular meeting of the governing body, provided that notice that such action
3499 will be considered is published at least five days before the meeting [
3500
3501
3502 posting it in three conspicuous places within the county.
3503 Section 81. Section 17-36-26 is amended to read:
3504 17-36-26. Increase in general fund budget.
3505 (1) The budget of the general fund may be increased by resolution of the governing
3506 body, only after a duly called hearing shall have been held and all interested parties shall have
3507 been given an opportunity to be heard. Notice of such hearing shall be published at least five
3508 days before such hearing [
3509
3510 Website as described in Section 63F-1-701 and by posting notice in three conspicuous places
3511 within the county.
3512 (2) After such public hearing the governing body may amend the general fund budget
3513 as it deems appropriate with due consideration to matters discussed at the public hearing and to
3514 revised estimates of revenues.
3515 Section 82. Section 17-36-40 is amended to read:
3516 17-36-40. Notice that audit complete.
3517 Within ten days after the receipt of the audit report furnished by the independent
3518 auditor, the county auditor shall prepare and publish at least twice [
3519
3520 63F-1-701 , a notice to the public that the county audit is complete. A copy may be inspected at
3521 the office of the county auditor.
3522 Section 83. Section 17-41-302 is amended to read:
3523 17-41-302. Notice of proposal for creation of agriculture protection area or
3524 industrial protection area -- Responses.
3525 (1) Each applicable legislative body shall provide notice of the proposal by:
3526 (a) publishing notice [
3527 Public Notice Website as described in Section 63F-1-701 :
3528 (i) the same county as the land proposed for inclusion within an agriculture protection
3529 area or industrial protection area, as the case may be, if the land is within the unincorporated
3530 part of the county; or
3531 (ii) the same city or town as the land proposed for inclusion within an agriculture
3532 protection area or industrial protection area, as the case may be, if the land is within a city or
3533 town;
3534 (b) posting notice at five public places, designated by the county or municipal
3535 legislative body, within or near the proposed agriculture protection area or industrial protection
3536 area; and
3537 (c) mailing written notice to each owner of land within 1,000 feet of the land proposed
3538 for inclusion within an agriculture protection area or industrial protection area.
3539 (2) The notice shall contain:
3540 (a) a statement that a proposal for the creation of an agriculture protection area or
3541 industrial protection area has been filed with the applicable legislative body;
3542 (b) a statement that the proposal will be open to public inspection in the office of the
3543 applicable legislative body;
3544 (c) a statement that any person or entity affected by the establishment of the area may,
3545 within 15 days of the date of the notice, file with the applicable legislative body:
3546 (i) written objections to the proposal; or
3547 (ii) a written request to modify the proposal to exclude land from or add land to the
3548 proposed agriculture protection area or industrial protection area, as the case may be;
3549 (d) a statement that the applicable legislative body will submit the proposal to the
3550 advisory committee and to the planning commission for review and recommendations;
3551 (e) a statement that the applicable legislative body will hold a public hearing to discuss
3552 and hear public comment on:
3553 (i) the proposal to create the agriculture protection area or industrial protection area;
3554 (ii) the recommendations of the advisory committee and planning commission; and
3555 (iii) any requests for modification of the proposal and any objections to the proposal;
3556 and
3557 (f) a statement indicating the date, time, and place of the public hearing.
3558 (3) (a) Any person wishing to modify the proposal for the creation of the agriculture
3559 protection area or industrial protection area shall, within 15 days after the date of the notice,
3560 file a written request for modification of the proposal, which identifies specifically the land that
3561 should be added to or removed from the proposal.
3562 (b) Any person wishing to object to the proposal for the creation of the agriculture
3563 protection area or industrial protection area shall, within 15 days after the date of the notice,
3564 file a written objection to the creation of the agriculture protection area or industrial protection
3565 area.
3566 Section 84. Section 17-41-304 is amended to read:
3567 17-41-304. Public hearing -- Review and action on proposal.
3568 (1) After receipt of the written reports from the advisory committee and planning
3569 commission, or after the 45 days have expired, whichever is earlier, the county or municipal
3570 legislative body shall:
3571 (a) schedule a public hearing;
3572 (b) provide notice of the public hearing by:
3573 (i) publishing notice [
3574 Public Notice Website as described in Section 63F-1-701 :
3575 (A) the same county as the land proposed for inclusion within the agriculture
3576 protection area or industrial protection area, if the land is within the unincorporated part of the
3577 county; or
3578 (B) the same city or town as the land proposed for inclusion within an agriculture
3579 protection area or industrial protection area, if the land is within a city or town;
3580 (ii) posting notice at five public places, designated by the applicable legislative body,
3581 within or near the proposed agriculture protection area or industrial protection area; and
3582 (iii) mailing written notice to each owner of land within 1,000 feet of the land proposed
3583 for inclusion within an agriculture protection area or industrial protection area; and
3584 (c) ensure that the notice includes:
3585 (i) the time, date, and place of the public hearing on the proposal;
3586 (ii) a description of the proposed agriculture protection area or industrial protection
3587 area;
3588 (iii) any proposed modifications to the proposed agriculture protection area or
3589 industrial protection area;
3590 (iv) a summary of the recommendations of the advisory committee and planning
3591 commission; and
3592 (v) a statement that interested persons may appear at the public hearing and speak in
3593 favor of or against the proposal, any proposed modifications to the proposal, or the
3594 recommendations of the advisory committee and planning commission.
3595 (2) The applicable legislative body shall:
3596 (a) convene the public hearing at the time, date, and place specified in the notice; and
3597 (b) take verbal or written testimony from interested persons.
3598 (3) (a) Within 120 days of the submission of the proposal, the applicable legislative
3599 body shall approve, modify and approve, or reject the proposal.
3600 (b) The creation of an agriculture protection area or industrial protection area is
3601 effective at the earlier of:
3602 (i) the applicable legislative body's approval of a proposal or modified proposal; or
3603 (ii) 120 days after submission of a proposal complying with Subsection 17-41-301 (2) if
3604 the applicable legislative body has failed to approve or reject the proposal within that time.
3605 (4) (a) In order to give constructive notice of the existence of the agriculture protection
3606 area or industrial protection area to all persons who have, may acquire, or may seek to acquire
3607 an interest in land in or adjacent to the agriculture protection area or industrial protection area,
3608 respectively, within ten days of the creation of an agriculture protection area or industrial
3609 protection area, the applicable legislative body shall file an executed document containing a
3610 legal description of the agriculture protection area or industrial protection area, as the case may
3611 be, with:
3612 (i) the county recorder of deeds; and
3613 (ii) the affected planning commission.
3614 (b) If the legal description of the property to be included in the agriculture protection
3615 area or industrial protection area is available through the county recorder's office, the
3616 applicable legislative body shall use that legal description in its executed document required in
3617 Subsection (4)(a).
3618 (5) Within ten days of the recording of the agriculture protection area, the applicable
3619 legislative body shall:
3620 (a) send written notification to the commissioner of agriculture and food that the
3621 agriculture protection area has been created; and
3622 (b) include in the notification:
3623 (i) the number of landowners owning land within the agriculture protection area;
3624 (ii) the total acreage of the area;
3625 (iii) the date of approval of the area; and
3626 (iv) the date of recording.
3627 (6) The applicable legislative body's failure to record the notice required under
3628 Subsection (4) or to send the written notification under Subsection (5) does not invalidate the
3629 creation of an agriculture protection area.
3630 (7) The applicable legislative body may consider the cost of recording notice under
3631 Subsection (4) and the cost of sending notification under Subsection (5) in establishing a fee
3632 under Subsection 17-41-301 (4)(b).
3633 Section 85. Section 17-41-405 is amended to read:
3634 17-41-405. Eminent domain restrictions.
3635 (1) A political subdivision having or exercising eminent domain powers may not
3636 condemn for any purpose any land within an agriculture protection area that is being used for
3637 agricultural production or any land within an industrial protection area that is being put to an
3638 industrial use unless it has obtained approval, according to the procedures and requirements of
3639 this section, from the applicable legislative body and the advisory board.
3640 (2) Any condemnor wishing to condemn property within an agriculture protection area
3641 or industrial protection area shall file a notice of condemnation with the applicable legislative
3642 body and the agriculture protection area or industrial protection area's advisory board at least
3643 30 days before filing an eminent domain complaint.
3644 (3) The applicable legislative body and the advisory board shall:
3645 (a) hold a joint public hearing on the proposed condemnation at a location within the
3646 county in which the agriculture protection area or industrial protection area is located;
3647 (b) publish notice of the time, date, place, and purpose of the public hearing [
3648
3649
3650 and
3651 (c) post notice of the time, date, place, and purpose of the public hearing in five
3652 conspicuous public places, designated by the applicable legislative body, within or near the
3653 agriculture protection area or industrial protection area, as the case may be.
3654 (4) (a) If the condemnation is for highway purposes or for the disposal of solid or
3655 liquid waste materials, the applicable legislative body and the advisory board may approve the
3656 condemnation only if there is no reasonable and prudent alternative to the use of the land
3657 within the agriculture protection area or industrial protection area for the project.
3658 (b) If the condemnation is for any other purpose, the applicable legislative body and the
3659 advisory board may approve the condemnation only if:
3660 (i) the proposed condemnation would not have an unreasonably adverse effect upon the
3661 preservation and enhancement of agriculture within the agriculture protection area or of the
3662 industrial use within the industrial protection area; or
3663 (ii) there is no reasonable and prudent alternative to the use of the land within the
3664 agriculture protection area or industrial protection area for the project.
3665 (5) (a) Within 60 days after receipt of the notice of condemnation, the applicable
3666 legislative body and the advisory board shall approve or reject the proposed condemnation.
3667 (b) If the applicable legislative body and the advisory board fail to act within the 60
3668 days or such further time as the applicable legislative body establishes, the condemnation shall
3669 be considered rejected.
3670 (6) The applicable legislative body or the advisory board may request the county or
3671 municipal attorney to bring an action to enjoin any condemnor from violating any provisions of
3672 this section.
3673 Section 86. Section 17-52-101 is amended to read:
3674 17-52-101. Definitions.
3675 As used in this chapter:
3676 (1) "Appointment council" means a group of persons consisting of:
3677 (a) a resident of the county in which the optional plan is proposed, designated by a
3678 majority of all state senators and representatives whose districts include any part of the county
3679 in which the optional plan is proposed;
3680 (b) a resident of the county in which the optional plan is proposed, designated by the
3681 county legislative body;
3682 (c) a resident of the county in which the optional plan is proposed, designated by the
3683 petition sponsors; and
3684 (d) two other residents of the county in which the optional plan is proposed, designated
3685 by majority vote of the three other members of the appointment council.
3686 (2) "Optional plan" means a plan establishing an alternate form of government for a
3687 county as provided in Section 17-52-401 .
3688 (3) "Reasonable notice" means, at a minimum:
3689 (a) (i) publication [
3690 Public Notice Website as described in Section 63F-1-701 at least once a week for at least two
3691 consecutive weeks ending no more than ten and no fewer than three days before the event that
3692 is the subject of the notice; [
3693 (ii) [
3694 one notice per 1,000 population within the county, for at least a week ending no more than
3695 three days before the event that is the subject of the notice, at locations throughout the county
3696 that are most likely to give actual notice to county residents; and
3697 (b) if the county has an Internet home page, posting an electronic notice on the Internet
3698 for at least seven days immediately before the event that is the subject of the notice.
3699 (4) "Study committee" means a group of persons:
3700 (a) appointed under Section 17-52-301 ; and
3701 (b) charged with the duties provided in Section 17-52-303 .
3702 Section 87. Section 17-53-208 is amended to read:
3703 17-53-208. Ordinances -- Effective dates -- Publication -- Adoption of ordinances
3704 printed in book form.
3705 (1) The enacting clause of all ordinances of the county legislative body shall be as
3706 follows: "The County Legislative Body of ______________County ordains as follows:".
3707 (2) Every ordinance shall be signed by the chair of the county legislative body and
3708 attested by the clerk. On the passage of all ordinances the votes of the several members of the
3709 county legislative body shall be entered on the minutes, and all ordinances shall be entered at
3710 length in the ordinance book.
3711 (3) (a) No ordinance passed by the county legislative body may take effect within less
3712 than 15 days after its passage.
3713 (b) The legislative body of each county adopting an ordinance shall, before the
3714 ordinance may take effect:
3715 (i) deposit a copy of the ordinance in the office of the county clerk; and
3716 (ii) (A) publish a short summary of the ordinance, together with a statement that a
3717 complete copy of the ordinance is available at the county clerk's office and with the name of the
3718 members voting for and against the ordinance, for at least one publication [
3719 Public Notice Website as described in Section 63F-1-701 ; and
3720 [
3721
3722 [
3723
3724 (B) [
3725 county.
3726 (4) Any ordinance printed by authority of the county legislative body in book form or
3727 electronic media, or any general revision of county ordinances printed in book form or
3728 electronic media, may be adopted by an ordinance making reference to the printed ordinance or
3729 revision if a copy of the ordinance or revision is filed in the office of the county clerk at the
3730 time of adoption for use and examination by the public.
3731 (5) Ordinances establishing rules and regulations, printed as a code in book form or
3732 electronic media, for the construction of buildings, the installation of plumbing, the installation
3733 of electric wiring, or other related or similar work may be adopted by reference to the code
3734 book if a copy of the code book is filed in the office of the county clerk at the time of the
3735 adoption of the ordinance for use and examination by the public.
3736 (6) Ordinances that in the opinion of the county legislative body are necessary for the
3737 immediate preservation of the peace, health, or safety of the county and the county's inhabitants
3738 may, if so provided in the ordinance, take effect immediately upon publication in one issue of a
3739 newspaper published in and having general circulation in the county, if there is one, and if there
3740 is none published in the county, then immediately after posting at the courthouse door.
3741 (7) An ordinance may take effect at a later date than provided in this section, if the
3742 ordinance so provides.
3743 (8) An order entered in the minutes of the county legislative body that an ordinance has
3744 been duly published or posted shall be prima facie proof of the publication or posting.
3745 Section 88. Section 17A-3-914 is amended to read:
3746 17A-3-914. Supplemental to other laws -- Nonapplicability of other laws --
3747 Validation of existing building authorities.
3748 (1) This part is supplemental to all existing laws relating to the acquisition, use,
3749 maintenance, management, or operation of projects by public bodies.
3750 (2) It shall not be necessary for a public body or a building authority to comply with the
3751 provisions of other laws concerning the acquisition, construction, use, and maintenance of
3752 projects, including, but not limited to, public bidding laws and the Utah Procurement Code,
3753 where the projects are acquired, expanded, or improved under this part.
3754 (3) No board, commission, or agency of the state, including the Utah Public Service
3755 Commission, shall have any jurisdiction over building authorities or projects.
3756 (4) No ordinance, resolution, or proceeding in respect to any transaction authorized by
3757 this part shall be necessary except as specifically required in this part nor shall the publication
3758 of any resolution, proceeding, or notice relating to any transaction authorized by this part be
3759 necessary except as required by this part. Any publication made under this part may be made
3760 [
3761 conforming to the terms of this part and in which legal notices may be published under the laws
3762 of Utah, without regard to the designation of it as the official journal [
3763 public body. No resolution adopted or proceeding taken under this part shall be subject to
3764 referendum petition or to an election other than as permitted in this part. All proceedings
3765 adopted under this part may be adopted on a single reading at any legally-convened meeting of
3766 the governing body or the board of trustees of the authority as appropriate.
3767 (5) Any formal action or proceeding taken by the governing body of a public body or
3768 the board of trustees of an authority under the authority of this part may be taken by resolution
3769 of the governing body or the board of trustees as appropriate.
3770 (6) This part shall apply to all authorities created, projects undertaken, leasing contracts
3771 executed, and bonds issued after this part takes effect.
3772 (7) All proceedings heretofore taken by a public body in connection with the creation
3773 and operation of a public building authority are hereby validated, ratified, approved, and
3774 confirmed.
3775 Section 89. Section 17A-3-915 is amended to read:
3776 17A-3-915. Publication of notice of proceedings -- Contest of proceedings.
3777 (1) The governing body of any public body, or the board of trustees of any building
3778 authority, may provide for the publication of any resolution or other proceeding adopted by it
3779 under this part [
3780 Public Notice Website as described in Section 63F-1-701 .
3781 (2) In case of a resolution or other proceeding providing for the issuance of bonds, the
3782 board of trustees of a building authority may, in lieu of publishing the entire resolution or other
3783 proceeding, publish a notice of bonds to be issued, titled as such, containing:
3784 (a) the name of the building authority;
3785 (b) the purposes of the issue;
3786 (c) the maximum principal amount which may be issued;
3787 (d) the maximum number of years over which the bonds may mature;
3788 (e) the maximum interest rate which the bonds may bear;
3789 (f) the maximum discount from par, expressed as a percentage of principal amount, at
3790 which the bonds may be sold, and any deposit to be required in connection with the sale; and
3791 (g) the time and place where a copy of the resolution or other proceedings authorizing
3792 the issuance of the bonds may be examined, which shall be at an office of the building
3793 authority, identified in the notice, during regular business hours of the building authority as
3794 described in the notice and for a period of at least 30 days after the publication of the notice.
3795 (3) For a period of 30 days after the publication, any person in interest shall have the
3796 right to contest the legality of the resolution or proceeding or any bonds or leasing contract
3797 which may be authorized by them or any provisions made for the security and payment of the
3798 bonds or for the security and payment of the leasing contract; and after such time no one shall
3799 have any cause of action to contest the regularity, formality, or legality of same for any cause
3800 whatsoever.
3801 Section 90. Section 17B-1-211 is amended to read:
3802 17B-1-211. Notice of public hearings -- Publication of resolution.
3803 (1) Before holding a public hearing or set of public hearings under Section 17B-1-210 ,
3804 the legislative body of each county or municipality with which a request is filed or that adopts a
3805 resolution under Subsection 17B-1-203 (1)(c) and the board of trustees of each local district that
3806 adopts a resolution under Subsection 17B-1-203 (1)(d) shall:
3807 (a) (i) except as provided in Subsection (1)(a)(ii), publish notice [
3808
3809 Public Notice Website as described in Section 63F-1-701 ; and
3810 (ii) [
3811
3812 places within the area that are most likely to provide actual notice to residents of the area; or
3813 (b) mail a notice to each registered voter residing within and each owner of real
3814 property located within the proposed local district.
3815 (2) Each published notice under Subsection (1)(a) shall:
3816 (a) be no less than 1/4 page in size, use type no smaller than 18 point, and be
3817 surrounded by a 1/4-inch border;
3818 (b) [
3819 Website as described in Section 63F-1-701 at least one day per week; and
3820 [
3821
3822 [
3823
3824 [
3825 publication being no less than three and no more than ten days before the hearing or the first of
3826 the set of hearings.
3827 (3) Each notice required under Subsection (1) shall:
3828 (a) if the hearing or set of hearings is concerning a resolution:
3829 (i) contain the entire text or an accurate summary of the resolution; and
3830 (ii) state the deadline for filing a protest against the creation of the proposed local
3831 district;
3832 (b) clearly identify each governing body involved in the hearing or set of hearings;
3833 (c) state the date, time, and place for the hearing or set of hearings and the purposes for
3834 the hearing or set of hearings; and
3835 (d) describe or include a map of the entire proposed local district.
3836 (4) County or municipal legislative bodies may jointly provide the notice required
3837 under this section if all the requirements of this section are met as to each notice.
3838 Section 91. Section 17B-1-304 is amended to read:
3839 17B-1-304. Appointment procedures for appointed members.
3840 (1) The appointing authority may, by resolution, appoint persons to serve as members
3841 of a local district board by following the procedures established by this section.
3842 (2) (a) In any calendar year when appointment of a new local district board member is
3843 required, the appointing authority shall prepare a notice of vacancy that contains:
3844 (i) the positions that are vacant that must be filled by appointment;
3845 (ii) the qualifications required to be appointed to those positions;
3846 (iii) the procedures for appointment that the governing body will follow in making
3847 those appointments; and
3848 (iv) the person to be contacted and any deadlines that a person must meet who wishes
3849 to be considered for appointment to those positions.
3850 (b) The appointing authority shall:
3851 (i) post the notice of vacancy in four public places within the local district at least one
3852 month before the deadline for accepting nominees for appointment; and
3853 (ii) publish the notice of vacancy[
3854
3855 for five consecutive days before the deadline for accepting nominees for appointment[
3856 [
3857
3858 (c) The appointing authority may bill the local district for the cost of preparing,
3859 printing, and publishing the notice.
3860 (3) (a) Not sooner than two months after the appointing authority is notified of the
3861 vacancy, the appointing authority shall select a person to fill the vacancy from the applicants
3862 who meet the qualifications established by law.
3863 (b) The appointing authority shall:
3864 (i) comply with Title 52, Chapter 4, Open and Public Meetings Act, in making the
3865 appointment;
3866 (ii) allow any interested persons to be heard; and
3867 (iii) adopt a resolution appointing a person to the local district board.
3868 (c) If no candidate for appointment to fill the vacancy receives a majority vote of the
3869 appointing authority, the appointing authority shall select the appointee from the two top
3870 candidates by lot.
3871 (4) Persons appointed to serve as members of the local district board serve four-year
3872 terms, but may be removed for cause at any time after a hearing by 2/3 vote of the appointing
3873 body.
3874 (5) At the end of each board member's term, the position is considered vacant and the
3875 appointing authority may either reappoint the old board member or appoint a new member after
3876 following the appointment procedures established in this section.
3877 (6) Notwithstanding any other provision of this section, if the appointing authority
3878 appoints one of its own members, it need not comply with the provisions of this section.
3879 Section 92. Section 17B-1-306 is amended to read:
3880 17B-1-306. Local district board -- Election procedures.
3881 (1) Except as provided in Subsection (11), each elected board member shall be selected
3882 as provided in this section.
3883 (2) (a) Each election of a local district board member shall be held:
3884 (i) at the same time as the municipal general election; and
3885 (ii) at polling places designated by the clerk of each county in which the local district is
3886 located.
3887 (b) (i) Subject to Subsections (4)(f) and (g), the number of polling places under
3888 Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one
3889 polling place per division of the district, designated by the district board.
3890 (ii) Each polling place designated by an irrigation district board under Subsection
3891 (2)(b)(i) shall coincide with a polling place designated by the county clerk under Subsection
3892 (2)(a)(ii).
3893 (3) (a) The clerk of each local district with a board member position to be filled at the
3894 next municipal general election shall provide notice of:
3895 (i) each elective position of the local district to be filled at the next municipal general
3896 election;
3897 (ii) the constitutional and statutory qualifications for each position; and
3898 (iii) the dates and times for filing a declaration of candidacy.
3899 (b) The notice required under Subsection (3)(a) shall be:
3900 (i) posted in at least five public places within the local district at least ten days before
3901 the first day for filing a declaration of candidacy; or
3902 (ii) published [
3903 Utah Public Notice Website as described in Section 63F-1-701 at least three but no more than
3904 ten days before the first day for filing a declaration of candidacy.
3905 (4) (a) To become a candidate for an elective local district board position, the
3906 prospective candidate shall file a declaration of candidacy in person with the local district,
3907 during office hours and not later than 5 p.m. between July 1 and July 15 of any odd-numbered
3908 year.
3909 (b) When July 15 is a Saturday, Sunday, or holiday, the filing time shall be extended
3910 until 5 p.m. on the following regular business day.
3911 (c) (i) Before the filing officer may accept any declaration of candidacy, the filing
3912 officer shall:
3913 (A) read to the prospective candidate the constitutional and statutory qualification
3914 requirements for the office that the candidate is seeking; and
3915 (B) require the candidate to state whether or not the candidate meets those
3916 requirements.
3917 (ii) If the prospective candidate does not meet the qualification requirements for the
3918 office, the filing officer may not accept the declaration of candidacy.
3919 (iii) If it appears that the prospective candidate meets the requirements of candidacy,
3920 the filing officer shall accept the declaration of candidacy.
3921 (d) The declaration of candidacy shall substantially comply with the following form:
3922 "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
3923 ____________, City of ________________, County of ________________, State of Utah,
3924 (Zip Code) ______, (Telephone Number, if any)____________; that I meet the qualifications
3925 for the office of board of trustees member for _______________________ (state the name of
3926 the local district); that I am a candidate for that office to be voted upon at the next election, and
3927 I hereby request that my name be printed upon the official ballot for that election.
3928 (Signed) _________________________________________
3929 Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
3930 of ____________, ____.
3931 (Signed) ________________________
3932 (Clerk or Notary Public)"
3933 (e) Each person wishing to become a valid write-in candidate for an elective local
3934 district board position is governed by Section 20A-9-601 .
3935 (f) If at least one person does not file a declaration of candidacy as required by this
3936 section, a person shall be appointed to fill that board position by following the procedures and
3937 requirements for appointment established in Section 20A-1-512 .
3938 (g) If only one candidate files a declaration of candidacy for a position on the board of
3939 an irrigation district, the board need not hold an election for that position and may appoint that
3940 candidate to the board.
3941 (5) (a) A primary election may be held if:
3942 (i) the election is authorized by the local district board; and
3943 (ii) the number of candidates for a particular local board position or office exceeds
3944 twice the number of persons needed to fill that position or office.
3945 (b) The primary election shall be conducted:
3946 (i) on the same date as the municipal primary election, as provided for in Section
3947 20A-1-201.5 ; and
3948 (ii) according to the procedures for municipal primary elections provided under Title
3949 20A, Election Code.
3950 (6) (a) Except as provided in Subsection (6)(c), the local district clerk shall certify the
3951 candidate names to the clerk of each county in which the local district is located no later than
3952 August 20 of the municipal election year.
3953 (b) (i) Except as provided in Subsection (6)(c), the clerk of each county in which the
3954 local district is located shall coordinate the placement of the name of each candidate for local
3955 district office in the nonpartisan section of the municipal general election ballot with the
3956 municipal election clerk.
3957 (ii) If consolidation of the local district election ballot with the municipal general
3958 election ballot is not feasible, the county clerk shall provide for a separate local district election
3959 ballot to be administered by separate election judges at polling locations designated by the
3960 county clerk in consultation with the local district.
3961 (c) (i) Subsections (6)(a) and (b) do not apply to an election of a member of the board
3962 of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
3963 (ii) (A) Subject to Subsection (6)(c)(ii)(B), the board of each irrigation district shall
3964 prescribe the form of the ballot for each board member election.
3965 (B) Each ballot for an election of an irrigation district board member shall be in a
3966 nonpartisan format.
3967 (7) (a) Each voter at an election for a board of trustees member of a local district shall:
3968 (i) be a registered voter within the district, except for an election of:
3969 (A) an irrigation district board of trustees member; or
3970 (B) a basic local district board of trustees member who is elected by property owners;
3971 and
3972 (ii) meet the requirements to vote established by the district.
3973 (b) Each voter may vote for as many candidates as there are offices to be filled.
3974 (c) The candidates who receive the highest number of votes are elected.
3975 (8) Except as otherwise provided by this section, the election of local district board
3976 members is governed by Title 20A, Election Code.
3977 (9) (a) A person elected to serve on a local district board shall serve a four-year term,
3978 beginning at noon on the January 1 after the person's election.
3979 (b) A person elected shall be sworn in as soon as practical after January 1.
3980 (10) (a) Except as provided in Subsection (10)(b), each local district shall reimburse
3981 the county holding an election under this section for the costs of the election attributable to that
3982 local district.
3983 (b) Each irrigation district shall bear its own costs of each election it holds under this
3984 section.
3985 (11) This section does not apply to an improvement district that provides electric or gas
3986 service.
3987 (12) The provisions of Title 20A, Chapter 3, Part 3, [
3988 apply to an election under this section.
3989 Section 93. Section 17B-1-313 is amended to read:
3990 17B-1-313. Publication of notice of board resolution or action -- Contest period --
3991 No contest after contest period.
3992 (1) After the board of trustees of a local district adopts a resolution or takes other
3993 action on behalf of the district, the board may provide for the publication of a notice of the
3994 resolution or other action.
3995 (2) Each notice under Subsection (1) shall:
3996 (a) include, as the case may be:
3997 (i) the language of the resolution or a summary of the resolution; or
3998 (ii) a description of the action taken by the board;
3999 (b) state that:
4000 (i) any person in interest may file an action in district court to contest the regularity,
4001 formality, or legality of the resolution or action within 30 days after the date of publication; and
4002 (ii) if the resolution or action is not contested by filing an action in district court within
4003 the 30-day period, no one may contest the regularity, formality, or legality of the resolution or
4004 action after the expiration of the 30-day period; and
4005 (c) be published [
4006
4007 (3) For a period of 30 days after the date of the publication, any person in interest may
4008 contest the regularity, formality, or legality of the resolution or other action by filing an action
4009 in district court.
4010 (4) After the expiration of the 30-day period under Subsection (3), no one may contest
4011 the regularity, formality, or legality of the resolution or action for any cause.
4012 Section 94. Section 17B-1-413 is amended to read:
4013 17B-1-413. Hearing, notice, and protest provisions do not apply for certain
4014 petitions.
4015 (1) Section 17B-1-412 does not apply, and, except as provided in Subsection (2)(a),
4016 Sections 17B-1-409 and 17B-1-410 do not apply:
4017 (a) if the process to annex an area to a local district was initiated by:
4018 (i) a petition under Subsection 17B-1-403 (1)(a)(i);
4019 (ii) a petition under Subsection 17B-1-403 (1)(a)(ii)(A) that was signed by the owners
4020 of private real property that:
4021 (A) is located within the area proposed to be annexed;
4022 (B) covers at least 75% of the total private land area within the entire area proposed to
4023 be annexed and within each applicable area; and
4024 (C) is equal in assessed value to at least 75% of the assessed value of all private real
4025 property within the entire area proposed to be annexed and within each applicable area; or
4026 (iii) a petition under Subsection 17B-1-403 (1)(a)(ii)(B) that was signed by registered
4027 voters residing within the entire area proposed to be annexed and within each applicable area
4028 equal in number to at least 75% of the number of votes cast within the entire area proposed to
4029 be annexed and within each applicable area, respectively, for the office of governor at the last
4030 regular general election before the filing of the petition;
4031 (b) to an annexation under Section 17B-1-415 ; or
4032 (c) to a boundary adjustment under Section 17B-1-417 .
4033 (2) (a) If a petition that meets the requirements of Subsection (1)(a) is certified under
4034 Section 17B-1-405 , the local district board:
4035 (i) shall provide notice of the proposed annexation as provided in Subsection (2)(b);
4036 and
4037 (ii) (A) may, in the board's discretion, hold a public hearing as provided in Section
4038 17B-1-409 after giving notice of the public hearing as provided in Subsection (2)(b); and
4039 (B) shall, after giving notice of the public hearing as provided in Subsection (2)(b),
4040 hold a public hearing as provided in Section 17B-1-409 if a written request to do so is
4041 submitted, within 20 days after the local district provides notice under Subsection (2)(a)(i), to
4042 the local district board by an owner of property that is located within or a registered voter
4043 residing within the area proposed to be annexed who did not sign the annexation petition.
4044 (b) The notice required under Subsections (2)(a)(i) and (ii) shall:
4045 (i) be given:
4046 (A) (I) for a notice under Subsection (2)(a)(i), within 30 days after petition
4047 certification; or
4048 (II) for a notice of a public hearing under Subsection (2)(a)(ii), at least ten but not more
4049 than 30 days before the public hearing; and
4050 (B) by:
4051 (I) posting written notice at the local district's principal office and in one or more other
4052 locations within or proximate to the area proposed to be annexed as are reasonable under the
4053 circumstances, considering the number of parcels included in that area, the size of the area, the
4054 population of the area, and the contiguousness of the area; and
4055 (II) providing written notice [
4056
4057 Public Notice Website as described in Section 63F-1-701 ; and
4058 (ii) contain a brief explanation of the proposed annexation and include the name of the
4059 local district, the service provided by the local district, a description or map of the area
4060 proposed to be annexed, a local district telephone number where additional information about
4061 the proposed annexation may be obtained, and, for a notice under Subsection (2)(a)(i), an
4062 explanation of the right of a property owner or registered voter to request a public hearing as
4063 provided in Subsection (2)(a)(ii)(B).
4064 (c) A notice under Subsection (2)(a)(i) may be combined with the notice that is
4065 required for a public hearing under Subsection (2)(a)(ii)(A).
4066 Section 95. Section 17B-1-417 is amended to read:
4067 17B-1-417. Boundary adjustment -- Notice and hearing -- Protest -- Resolution
4068 adjusting boundaries -- Notice of the adjustment -- Notice to lieutenant governor.
4069 (1) As used in this section, "affected area" means the area located within the
4070 boundaries of one local district that will be removed from that local district and included within
4071 the boundaries of another local district because of a boundary adjustment under this section.
4072 (2) The boards of trustees of two or more local districts having a common boundary
4073 and providing the same service on the same wholesale or retail basis may adjust their common
4074 boundary as provided in this section.
4075 (3) (a) The board of trustees of each local district intending to adjust a boundary that is
4076 common with another local district shall:
4077 (i) adopt a resolution indicating the board's intent to adjust a common boundary;
4078 (ii) hold a public hearing on the proposed boundary adjustment no less than 60 days
4079 after the adoption of the resolution under Subsection (3)(a)(i); and
4080 (iii) (A) (I) publish notice once a week for two successive weeks [
4081
4082 in Section 63F-1-701 ; and
4083 (II) [
4084 notice in at least four conspicuous places within the local district; [
4085 (B) mail a notice to each owner of property located within the affected area and to each
4086 registered voter residing within the affected area.
4087 (b) The notice required under Subsection (3)(a)(iii) shall:
4088 (i) state that the board of trustees of the local district has adopted a resolution
4089 indicating the board's intent to adjust a boundary that the local district has in common with
4090 another local district that provides the same service as the local district;
4091 (ii) describe the affected area;
4092 (iii) state the date, time, and location of the public hearing required under Subsection
4093 (3)(a)(ii);
4094 (iv) provide a local district telephone number where additional information about the
4095 proposed boundary adjustment may be obtained;
4096 (v) explain the financial and service impacts of the boundary adjustment on property
4097 owners or residents within the affected area; and
4098 (vi) state in conspicuous and plain terms that the board of trustees may approve the
4099 adjustment of the boundaries unless, at or before the public hearing under Subsection (3)(a)(ii),
4100 written protests to the adjustment are filed with the board by:
4101 (A) the owners of private real property that:
4102 (I) is located within the affected area;
4103 (II) covers at least 50% of the total private land area within the affected area; and
4104 (III) is equal in assessed value to at least 50% of the assessed value of all private real
4105 property within the affected area; or
4106 (B) registered voters residing within the affected area equal in number to at least 50%
4107 of the votes cast in the affected area for the office of governor at the last regular general
4108 election before the filing of the protests.
4109 (c) The first publication of the notice required under Subsection (3)(a)(iii)(A) shall be
4110 within 14 days after the board's adoption of a resolution under Subsection (3)(a)(i).
4111 (d) The boards of trustees of the local districts whose boundaries are being adjusted
4112 may jointly:
4113 (i) publish, post, or mail the notice required under Subsection (3)(a)(iii); and
4114 (ii) hold the public hearing required under Subsection (3)(a)(ii).
4115 (4) After the public hearing required under Subsection (3)(a)(ii), the board of trustees
4116 may adopt a resolution approving the adjustment of the common boundary unless, at or before
4117 the public hearing, written protests to the boundary adjustment have been filed with the board
4118 by:
4119 (a) the owners of private real property that:
4120 (i) is located within the affected area;
4121 (ii) covers at least 50% of the total private land area within the affected area; and
4122 (iii) is equal in assessed value to at least 50% of the assessed value of all private real
4123 property within the affected area; or
4124 (b) registered voters residing within the affected area equal in number to at least 50%
4125 of the votes cast in the affected area for the office of governor at the last regular general
4126 election before the filing of the protests.
4127 (5) A resolution adopted under Subsection (4) does not take effect until the board of
4128 each local district whose boundaries are being adjusted has adopted a resolution under
4129 Subsection (4).
4130 (6) (a) Within 30 days after the resolutions take effect under Subsection (5), the board
4131 of the local district whose boundaries are being adjusted to include the affected area shall file a
4132 notice with the lieutenant governor.
4133 (b) The notice required under Subsection (6)(a) shall:
4134 (i) be accompanied by:
4135 (A) a copy of each of the board resolutions approving the boundary adjustment; and
4136 (B) an accurate map depicting the affected area or a legal description of the affected
4137 area, adequate for purposes of the county assessor and recorder; and
4138 (ii) include a certification by the board of the local district whose boundaries are being
4139 adjusted to include the affected area that all requirements for the boundary adjustment have
4140 been complied with.
4141 (7) Upon the lieutenant governor's issuance of a certificate of boundary change under
4142 Section 67-1a-6.5 , the affected area is annexed to the local district whose boundaries are being
4143 adjusted to include the affected area, and the affected area is withdrawn from the local district
4144 whose boundaries are being adjusted to exclude the affected area.
4145 Section 96. Section 17B-1-512 is amended to read:
4146 17B-1-512. Notice of withdrawal -- Contest period -- Judicial review.
4147 (1) (a) The board of trustees shall file a written notice of withdrawal with the lieutenant
4148 governor:
4149 (i) within ten days after adopting a resolution approving a withdrawal under Section
4150 17B-1-510 ; and
4151 (ii) as soon as practicable after receiving a notice under Subsection 10-2-425 (2) of an
4152 automatic withdrawal under Subsection 17B-1-502 (2), after receiving a copy of the municipal
4153 legislative body's resolution approving an automatic withdrawal under Subsection
4154 17B-1-502 (3)(a), or after receiving notice of a withdrawal of a municipality from a local
4155 district under Section 17B-2-505 .
4156 (b) The notice required under Subsection (1)(a) shall:
4157 (i) be accompanied by:
4158 (A) for a withdrawal pursuant to a resolution adopted under Section 17B-1-510 , a copy
4159 of the board resolution approving the withdrawal; and
4160 (B) an accurate map depicting the boundaries of the withdrawn area or a legal
4161 description of the withdrawn area, adequate for purposes of the county assessor and recorder;
4162 and
4163 (ii) for a withdrawal pursuant to a resolution adopted under Section 17B-1-510 , include
4164 a certification by the local district board that all requirements for the withdrawal have been
4165 complied with.
4166 (2) (a) Upon the lieutenant governor's issuance of the certificate of boundary change
4167 under Section 67-1a-6.5 for a withdrawal under Section 17B-1-510 , for an automatic
4168 withdrawal under Subsection 17B-1-502 (3), or for the withdrawal of a municipality from a
4169 local district under Section 17B-2-505 , the withdrawal shall be effective, subject to the
4170 conditions of the withdrawal resolution, if applicable.
4171 (b) An automatic withdrawal under Subsection 17B-1-502 (3) shall be effective upon
4172 the lieutenant governor's issuance of a certificate of boundary change under Section 67-1a-6.5 .
4173 (3) The local district may provide for the publication of any resolution approving or
4174 denying the withdrawal of an area [
4175
4176 of publishing the entire resolution, the local district may publish a notice of withdrawal or
4177 denial of withdrawal, containing:
4178 (a) the name of the local district;
4179 (b) a description of the area proposed for withdrawal;
4180 (c) a brief explanation of the grounds on which the board of trustees determined to
4181 approve or deny the withdrawal; and
4182 (d) the times and place where a copy of the resolution may be examined, which shall be
4183 at the place of business of the local district, identified in the notice, during regular business
4184 hours of the local district as described in the notice and for a period of at least 30 days after the
4185 publication of the notice.
4186 (4) Any sponsor of the petition or receiving entity may contest the board's decision to
4187 deny a withdrawal of an area from the local district by submitting a request, within 60 days
4188 after the resolution is adopted under Section 17B-1-510 , to the board of trustees, suggesting
4189 terms or conditions to mitigate or eliminate the conditions upon which the board of trustees
4190 based its decision to deny the withdrawal.
4191 (5) Within 60 days after the request under Subsection (4) is submitted to the board of
4192 trustees, the board may consider the suggestions for mitigation and adopt a resolution
4193 approving or denying the request in the same manner as provided in Section 17B-1-510 with
4194 respect to the original resolution denying the withdrawal and file a notice of the action as
4195 provided in Subsection (1).
4196 (6) (a) Any person in interest may seek judicial review of:
4197 (i) the board of trustees' decision to withdraw an area from the local district;
4198 (ii) the terms and conditions of a withdrawal; or
4199 (iii) the board's decision to deny a withdrawal.
4200 (b) Judicial review under this Subsection (6) shall be initiated by filing an action in the
4201 district court in the county in which a majority of the area proposed to be withdrawn is located:
4202 (i) if the resolution approving or denying the withdrawal is published under Subsection
4203 (3), within 60 days after the publication or after the board of trustees' denial of the request
4204 under Subsection (5);
4205 (ii) if the resolution is not published pursuant to Subsection (3), within 60 days after
4206 the resolution approving or denying the withdrawal is adopted; or
4207 (iii) if a request is submitted to the board of trustees of a local district under Subsection
4208 (4), and the board adopts a resolution under Subsection (5), within 60 days after the board
4209 adopts a resolution under Subsection (5) unless the resolution is published under Subsection
4210 (3), in which event the action must be filed within 60 days after the publication.
4211 (c) A court in which an action is filed under this Subsection (6) may not overturn, in
4212 whole or in part, the board of trustees' decision to approve or reject the withdrawal unless:
4213 (i) the court finds the board of trustees' decision to be arbitrary or capricious; or
4214 (ii) the court finds that the board materially failed to follow the procedures set forth in
4215 this part.
4216 (d) A court may award costs and expenses of an action under this section, including
4217 reasonable attorney fees, to the prevailing party.
4218 (7) After the applicable contest period under Subsection (4) or (6), no person may
4219 contest the board of trustees' approval or denial of withdrawal for any cause.
4220 Section 97. Section 17B-1-609 is amended to read:
4221 17B-1-609. Hearing to consider adoption.
4222 (1) At the meeting at which the tentative budget is adopted, the board of trustees shall:
4223 (a) establish the time and place of a public hearing to consider its adoption; and
4224 (b) order that notice of the hearing:
4225 (i) be published at least seven days prior to the hearing [
4226
4227
4228 (ii) [
4229 (2) If the budget hearing is held in conjunction with a tax increase hearing, the notice
4230 shall be published in accordance with Sections 59-2-918 and 59-2-919 .
4231 Section 98. Section 17B-1-643 is amended to read:
4232 17B-1-643. Imposing or increasing a fee for service provided by local district.
4233 (1) (a) Before imposing a new fee or increasing an existing fee for a service provided
4234 by a local district, each local district board of trustees shall first hold a public hearing at which
4235 any interested person may speak for or against the proposal to impose a fee or to increase an
4236 existing fee.
4237 (b) Each public hearing under Subsection (1)(a) shall be held in the evening beginning
4238 no earlier than 6 p.m.
4239 (c) A public hearing required under this Subsection (1) may be combined with a public
4240 hearing on a tentative budget required under Section 17B-1-610 .
4241 (d) Except to the extent that this section imposes more stringent notice requirements,
4242 the local district board shall comply with Title 52, Chapter 4, Open and Public Meetings Act,
4243 in holding the public hearing under Subsection (1)(a).
4244 (2) (a) Each local district board shall give notice of a hearing under Subsection (1) as
4245 provided in Subsection (2)(b)(i) or (ii).
4246 (b) (i) (A) The notice required under Subsection (2)(a) shall be published [
4247
4248
4249 Utah Public Notice Website as described in Section 63F-1-701 .
4250 (B) The notice shall be no less than 1/4 page in size and the type used shall be no
4251 smaller than 18 point, and surrounded by a 1/4-inch border.
4252 [
4253
4254 [
4255
4256 published at least one day per week.
4257 [
4258
4259
4260 [
4261 hearing.
4262 [
4263 increase a fee for a service provided by the local district and will hold a public hearing on a
4264 certain day, time, and place fixed in the notice, which shall be not less than seven days after the
4265 day the first notice is published, for the purpose of hearing comments regarding the proposed
4266 imposition or increase of a fee and to explain the reasons for the proposed imposition or
4267 increase.
4268 (ii) (A) [
4269
4270 population within the local district, at places within the local district that are most likely to
4271 provide actual notice to residents within the local district.
4272 (B) Each notice under Subsection (2)(b)(ii)(A) shall comply with Subsection
4273 (2)(b)(i)[
4274 (c) (i) In lieu of providing notice under Subsection (2)(b), the local district board of
4275 trustees may give the notice required under Subsection (2)(a) by mailing the notice to those
4276 within the district who:
4277 (A) will be charged the fee for a district service, if the fee is being imposed for the first
4278 time; or
4279 (B) are being charged a fee, if the fee is proposed to be increased.
4280 (ii) Each notice under Subsection (2)(c)(i) shall comply with Subsection
4281 (2)(b)(i)[
4282 (iii) A notice under Subsection (2)(c)(i) may accompany a district bill for an existing
4283 fee.
4284 (d) If the hearing required under this section is combined with the public hearing
4285 required under Section 17B-1-610 , the notice requirement under this Subsection (2) is satisfied
4286 if a notice that meets the requirements of Subsection (2)(b)(i)[
4287 notice required under Section 17B-1-609 .
4288 (e) Proof that notice was given as provided in Subsection (2)(b) or (c) is prima facie
4289 evidence that notice was properly given.
4290 (f) If no challenge is made to the notice given of a hearing required by Subsection (1)
4291 within 30 days after the date of the hearing, the notice is considered adequate and proper.
4292 (3) After holding a public hearing under Subsection (1), a local district board may:
4293 (a) impose the new fee or increase the existing fee as proposed;
4294 (b) adjust the amount of the proposed new fee or the increase of the existing fee and
4295 then impose the new fee or increase the existing fee as adjusted; or
4296 (c) decline to impose the new fee or increase the existing fee.
4297 (4) This section applies to each new fee imposed and each increase of an existing fee
4298 that occurs on or after July 1, 1998.
4299 (5) (a) This section does not apply to an impact fee.
4300 (b) The imposition or increase of an impact fee is governed by Title 11, Chapter 36,
4301 Impact Fees Act.
4302 Section 99. Section 17B-1-1204 is amended to read:
4303 17B-1-1204. Notice of the hearing on a validation petition -- Amended or
4304 supplemented validation petition.
4305 (1) Upon the entry of an order under Section 17B-1-1203 setting a hearing on a
4306 validation petition, the local district that filed the petition shall:
4307 (a) publish notice at least once a week for three consecutive weeks [
4308
4309 Utah Public Notice Website as described in Section 63F-1-701 ; and
4310 (b) post notice in its principal office at least 21 days before the date set for the hearing.
4311 (2) Each notice under Subsection (1) shall:
4312 (a) state the date, time, and place of the hearing on the validation petition;
4313 (b) include a general description of the contents of the validation petition; and
4314 (c) if applicable, state the location where a complete copy of a contract that is the
4315 subject of the validation petition may be examined.
4316 (3) If a district amends or supplements a validation petition under Subsection
4317 17B-1-1202 (3) after publishing and posting notice as required under Subsection (1), the district
4318 is not required to publish or post notice again unless required by the court.
4319 Section 100. Section 17B-1-1307 is amended to read:
4320 17B-1-1307. Notice of public hearing and of dissolution.
4321 (1) Before holding a public hearing required under Section 17B-1-1306 , the
4322 administrative body shall:
4323 (a) (i) publish notice of the public hearing and of the proposed dissolution [
4324
4325 Public Notice Website as described in Section 63F-1-701 ; and
4326 (ii) post notice of the public hearing and of the proposed dissolution in at least four
4327 conspicuous places within the local district proposed to be dissolved, no less than five and no
4328 more than 30 days before the public hearing; or
4329 (b) mail a notice to each owner of property located within the local district and to each
4330 registered voter residing within the local district.
4331 (2) Each notice required under Subsection (1) shall:
4332 (a) identify the local district proposed to be dissolved and the service it was created to
4333 provide; and
4334 (b) state the date, time, and location of the public hearing.
4335 Section 101. Section 17C-1-601 is amended to read:
4336 17C-1-601. Annual agency budget -- Fiscal year -- Public hearing required --
4337 Auditor forms -- Requirement to file form.
4338 (1) Each agency shall prepare and its board adopt an annual budget of revenues and
4339 expenditures for the agency for each fiscal year.
4340 (2) Each annual agency budget shall be adopted:
4341 (a) for an agency created by a city or town, before June 22; or
4342 (b) for an agency created by a county, before December 15.
4343 (3) The agency's fiscal year shall be the same as the fiscal year of the community that
4344 created the agency.
4345 (4) (a) Before adopting an annual budget, each agency board shall hold a public hearing
4346 on the annual budget.
4347 (b) Each agency shall provide notice of the public hearing on the annual budget by:
4348 (i) publishing at least one notice [
4349
4350 week before the public hearing; [
4351 (ii) [
4352 posting a notice of the public hearing in at least three public places within the agency
4353 boundaries.
4354 (c) Each agency shall make the annual budget available for public inspection at least
4355 three days before the date of the public hearing.
4356 (5) The state auditor shall prescribe the budget forms and the categories to be contained
4357 in each agency budget, including:
4358 (a) revenues and expenditures for the budget year;
4359 (b) legal fees; and
4360 (c) administrative costs, including rent, supplies, and other materials, and salaries of
4361 agency personnel.
4362 (6) (a) Within 30 days after adopting an annual budget, each agency board shall file a
4363 copy of the annual budget with the auditor of the county in which the agency is located, the
4364 State Tax Commission, the state auditor, the State Board of Education, and each taxing entity
4365 that levies a tax on property from which the agency collects tax increment.
4366 (b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
4367 state as a taxing entity is met if the agency files a copy with the State Tax Commission and the
4368 state auditor.
4369 Section 102. Section 17C-2-108 is amended to read:
4370 17C-2-108. Notice of urban renewal project area plan adoption -- Effective date
4371 of plan -- Contesting the formation of the plan.
4372 (1) (a) Upon the community legislative body's adoption of an urban renewal project
4373 area plan, the legislative body shall provide notice as provided in Subsection (1)(b) by:
4374 (i) publishing or causing to be published a notice [
4375
4376 63F-1-701 ; [
4377 (ii) [
4378 causing a notice to be posted in at least three public places within the agency's boundaries.
4379 (b) Each notice under Subsection (1)(a) shall:
4380 (i) set forth the community legislative body's ordinance adopting the project area plan
4381 or a summary of the ordinance; and
4382 (ii) include a statement that the project area plan is available for general public
4383 inspection and the hours for inspection.
4384 (2) The project area plan shall become effective on the date of:
4385 (a) if notice was published under Subsection (1)(a), publication of the notice; or
4386 (b) if notice was posted under Subsection (1)(a), posting of the notice.
4387 (3) (a) For a period of 30 days after the effective date of the project area plan under
4388 Subsection (2), any person in interest may contest the project area plan or the procedure used to
4389 adopt the project area plan if the plan or procedure fails to comply with applicable statutory
4390 requirements.
4391 (b) After the 30-day period under Subsection (3)(a) expires, no person may contest the
4392 project area plan or procedure used to adopt the project area plan for any cause.
4393 (4) Upon adoption of the project area plan by the community's legislative body, the
4394 agency may carry out the project area plan.
4395 (5) Each agency shall make the adopted project area plan available to the general
4396 public at its offices during normal business hours.
4397 Section 103. Section 17C-2-403 is amended to read:
4398 17C-2-403. Notice required for continued hearing.
4399 The board shall give notice of a hearing continued under Section 17C-2-402 by
4400 announcing at the hearing:
4401 (1) the date, time, and place the hearing will be resumed; or
4402 (2) that it is being continued to a later time and causing a notice of the continued
4403 hearing to be:
4404 (a) published once [
4405
4406 seven days before the hearing is scheduled to resume; [
4407 (b) [
4408 conspicuous places within the boundaries of the agency in which the project area or proposed
4409 project area is located.
4410 Section 104. Section 17C-3-107 is amended to read:
4411 17C-3-107. Notice of economic development project area plan adoption --
4412 Effective date of plan -- Contesting the formation of the plan.
4413 (1) (a) Upon the community legislative body's adoption of an economic development
4414 project area plan, the legislative body shall provide notice as provided in Subsection (1)(b) by:
4415 (i) publishing or causing to be published a notice [
4416
4417 63F-1-701 ; [
4418 (ii) [
4419 causing a notice to be posted in at least three public places within the agency's boundaries.
4420 (b) Each notice under Subsection (1)(a) shall:
4421 (i) set forth the community legislative body's ordinance adopting the project area plan
4422 or a summary of the ordinance; and
4423 (ii) include a statement that the project area plan is available for general public
4424 inspection and the hours for inspection.
4425 (2) The project area plan shall become effective on the date of:
4426 (a) if notice was published under Subsection (1)(a), publication of the notice; or
4427 (b) if notice was posted under Subsection (1)(a), posting of the notice.
4428 (3) (a) For a period of 30 days after the effective date of the project area plan under
4429 Subsection (2), any person in interest may contest the project area plan or the procedure used to
4430 adopt the project area plan if the plan or procedure fails to comply with applicable statutory
4431 requirements.
4432 (b) After the 30-day period under Subsection (3)(a) expires, no person may contest the
4433 project area plan or procedure used to adopt the project area plan for any cause.
4434 (4) Upon adoption of the economic development project area plan by the community's
4435 legislative body, the agency may carry out the project area plan.
4436 (5) Each agency shall make the adopted economic development project area plan
4437 available to the general public at its offices during normal business hours.
4438 Section 105. Section 17C-3-303 is amended to read:
4439 17C-3-303. Notice required for continued hearing.
4440 The board shall give notice of a hearing continued under Section 17C-3-302 by
4441 announcing at the hearing:
4442 (1) the date, time, and place the hearing will be resumed; or
4443 (2) that it is being continued to a later time and causing a notice of the continued
4444 hearing to be:
4445 (a) published once [
4446
4447 seven days before the hearing is scheduled to resume; [
4448 (b) [
4449 conspicuous places within the boundaries of the agency in which the project area or proposed
4450 project area is located.
4451 Section 106. Section 17C-4-106 is amended to read:
4452 17C-4-106. Notice of community development project area plan adoption --
4453 Effective date of plan -- Contesting the formation of the plan.
4454 (1) (a) Upon the community legislative body's adoption of a community development
4455 project area plan, the legislative body shall provide notice as provided in Subsection (1)(b) by:
4456 (i) publishing or causing to be published a notice [
4457
4458 63F-1-701 ; [
4459 (ii) [
4460 causing a notice to be posted in at least three public places within the agency's boundaries.
4461 (b) Each notice under Subsection (1)(a) shall:
4462 (i) set forth the community legislative body's ordinance adopting the community
4463 development project area plan or a summary of the ordinance; and
4464 (ii) include a statement that the project area plan is available for general public
4465 inspection and the hours for inspection.
4466 (2) The community development project area plan shall become effective on the date
4467 of:
4468 (a) if notice was published under Subsection (1)(a), publication of the notice; or
4469 (b) if notice was posted under Subsection (1)(a), posting of the notice.
4470 (3) (a) For a period of 30 days after the effective date of the community development
4471 project area plan under Subsection (2), any person in interest may contest the project area plan
4472 or the procedure used to adopt the project area plan if the plan or procedure fails to comply
4473 with applicable statutory requirements.
4474 (b) After the 30-day period under Subsection (3)(a) expires, no person may contest the
4475 community development project area plan or procedure used to adopt the project area plan for
4476 any cause.
4477 (4) Upon adoption of the community development project area plan by the
4478 community's legislative body, the agency may carry out the project area plan.
4479 (5) Each agency shall make the adopted project area plan available to the general
4480 public at its offices during normal business hours.
4481 Section 107. Section 17C-4-202 is amended to read:
4482 17C-4-202. Resolution or interlocal agreement to provide funds for the
4483 community development project area plan -- Notice -- Effective date of resolution or
4484 interlocal agreement -- Time to contest resolution or interlocal agreement -- Availability
4485 of resolution or interlocal agreement.
4486 (1) The approval and adoption of each resolution or interlocal agreement under
4487 Subsection 17C-4-201 (2) shall be in an open and public meeting.
4488 (2) (a) Upon the adoption of a resolution or interlocal agreement under Section
4489 17C-4-201 , the agency shall provide notice as provided in Subsection (2)(b) by:
4490 (i) publishing or causing to be published a notice [
4491
4492 63F-1-701 ; [
4493 (ii) [
4494 causing a notice to be posted in at least three public places within the agency's boundaries.
4495 (b) Each notice under Subsection (2)(a) shall:
4496 (i) set forth a summary of the resolution or interlocal agreement; and
4497 (ii) include a statement that the resolution or interlocal agreement is available for
4498 general public inspection and the hours of inspection.
4499 (3) The resolution or interlocal agreement shall become effective on the date of:
4500 (a) if notice was published under Subsection (2)(a), publication of the notice; or
4501 (b) if notice was posted under Subsection (2)(a), posting of the notice.
4502 (4) (a) For a period of 30 days after the effective date of the resolution or interlocal
4503 agreement under Subsection (3), any person in interest may contest the resolution or interlocal
4504 agreement or the procedure used to adopt the resolution or interlocal agreement if the
4505 resolution or interlocal agreement or procedure fails to comply with applicable statutory
4506 requirements.
4507 (b) After the 30-day period under Subsection (4)(a) expires, no person may contest the
4508 resolution or interlocal agreement for any cause.
4509 (5) Each agency that is to receive funds under a resolution or interlocal agreement
4510 under Section 17C-4-201 and each taxing entity or public agency that approves a resolution or
4511 enters into an interlocal agreement under Section 17C-4-201 shall make the resolution or
4512 interlocal agreement, as the case may be, available at its offices to the general public for
4513 inspection and copying during normal business hours.
4514 Section 108. Section 17C-4-302 is amended to read:
4515 17C-4-302. Notice required for continued hearing.
4516 The board shall give notice of a hearing continued under Section 17C-4-301 by
4517 announcing at the hearing:
4518 (1) the date, time, and place the hearing will be resumed; or
4519 (2) that it is being continued to a later time and causing a notice of the continued
4520 hearing to be:
4521 (a) published once [
4522
4523 seven days before the hearing is scheduled to resume; [
4524 (b) [
4525 conspicuous places within the boundaries of the agency in which the project area or proposed
4526 project area is located.
4527 Section 109. Section 17D-1-205 is amended to read:
4528 17D-1-205. Notice.
4529 (1) Each notice required under Subsection 17D-1-204 (1) shall:
4530 (a) state that:
4531 (i) the legislative body has adopted a resolution stating its intent to create a special
4532 service district; or
4533 (ii) a petition has been filed proposing the creation of a special service district;
4534 (b) describe the boundary of the proposed special service district;
4535 (c) generally describe each service that the special service district is proposed to
4536 provide;
4537 (d) state that taxes may be levied annually upon all taxable property within the
4538 proposed special service district;
4539 (e) state that fees or charges may be imposed to pay for some or all of the services that
4540 the special service district is proposed to provide;
4541 (f) explain the process, requirements, and timetable for filing a protest against the
4542 creation of the special service district or against a service that the special service district is
4543 proposed to provide;
4544 (g) designate a date, time, and place for a public hearing on the proposed creation of
4545 the special service district; and
4546 (h) except as provided in Subsection (2), be published at least once a week during three
4547 consecutive weeks:
4548 (i) not less than 21 days or more than 35 days before the date of the public hearing
4549 required under Subsection 17D-1-204 (2); and
4550 (ii) [
4551
4552 described in Section 63F-1-701 .
4553 (2) [
4554
4555
4556 shall provide that the notice required under Subsection 17D-1-204 (1) also be given by posting
4557 the notice in at least five public places in the city or town at least 21 days before the public
4558 hearing required under Subsection 17D-1-204 (2).
4559 (3) The legislative body of the county or municipality by which the special service
4560 district is proposed to be created may include in a notice under this section any other
4561 information that the legislative body considers necessary or appropriate.
4562 Section 110. Section 17D-2-601 is amended to read:
4563 17D-2-601. Publishing notice of local entity or local building authority resolution
4564 or other proceeding.
4565 (1) The governing body of a local entity or the authority board of a local building
4566 authority may provide for the publication of a resolution or other proceeding adopted under this
4567 chapter by the governing body or authority board, respectively, [
4568
4569 63F-1-701 .
4570 (2) (a) If the resolution or other proceeding provides for the local building authority's
4571 issuance of bonds, the authority board may, in lieu of publishing the entire resolution or other
4572 proceeding, publish a notice of the bonds to be issued.
4573 (b) Each notice under Subsection (2)(a) shall comply with the requirements of
4574 Subsection 11-14-316 (2).
4575 (c) The authority board of a local building authority publishing a notice under
4576 Subsection (2)(a) shall make a copy of the resolution or other proceeding authorizing the
4577 issuance of the local building authority bonds available for public inspection during regular
4578 business hours at the office of the local building authority for a period of at least 30 days after
4579 publication of the notice.
4580 Section 111. Section 17D-3-305 is amended to read:
4581 17D-3-305. Setting the date of an election of the board of supervisors -- Notice of
4582 the election.
4583 (1) The commission shall:
4584 (a) set the date of the election of members of the board of supervisors of a conservation
4585 district; and
4586 (b) publish notice of the election [
4587
4588 described in Section 63F-1-701 .
4589 (2) The date set for an election under Subsection (1)(a) may not be later than six weeks
4590 after the date set by the commission for the close of nominations.
4591 (3) The notice required under Subsection (1)(b) shall:
4592 (a) state:
4593 (i) the date of the election;
4594 (ii) the names of all candidates; and
4595 (iii) that a ballot request form for the election may be obtained from the commission
4596 office or from any other place that the commission designates; and
4597 (b) specify the address of the commission office or other place where a ballot request
4598 form may be obtained.
4599 Section 112. Section 19-2-109 is amended to read:
4600 19-2-109. Air quality standards -- Hearings on adoption -- Orders of executive
4601 secretary -- Adoption of emission control requirements.
4602 (1) (a) The board, in adopting standards of quality for ambient air, shall conduct public
4603 hearings.
4604 (b) Notice of any public hearing for the consideration, adoption, or amendment of air
4605 quality standards shall specify the locations to which the proposed standards apply and the
4606 time, date, and place of the hearing.
4607 (c) The notice shall be published [
4608
4609 shall be mailed at least 20 days before the public hearing to the chief executive of each political
4610 subdivision of the area affected and to other persons the executive secretary has reason to
4611 believe will be affected by the standards.
4612 (d) The adoption of air quality standards or any modification or changes to air quality
4613 standards shall be by order of the executive secretary following formal action of the board with
4614 respect to the standards.
4615 (e) The order shall be published [
4616
4617 (2) (a) The board may establish emission control requirements by rule that in its
4618 judgment may be necessary to prevent, abate, or control air pollution that may be statewide or
4619 may vary from area to area, taking into account varying local conditions.
4620 (b) In adopting these requirements, the board shall give notice and conduct public
4621 hearings in accordance with the requirements in Subsection (1).
4622 Section 113. Section 19-5-110 is amended to read:
4623 19-5-110. Designation by governor of areas with quality control problems --
4624 Classification of waters -- Adoption of standards of quality.
4625 (1) The governor may identify and designate by boundary, or make a determination not
4626 to designate, areas within the state which, as a result of urban-industrial concentration or other
4627 factors, have substantial water quality control problems, and designate planning agencies and
4628 waste treatment management agencies for these areas.
4629 (2) The board may group the waters of the state into classes according to their present
4630 most reasonable uses, and after public hearing, upgrade and reclassify from time to time the
4631 waters of the state to the extent that it is practical and in the public interest.
4632 (3) (a) The board may establish standards of quality for each classification consistent
4633 with most reasonable present and future uses of the waters, and the standards may be modified
4634 or changed from time to time.
4635 (b) Prior to classifying waters, setting quality standards or modifying or repealing them
4636 the board shall conduct public hearings for the consideration, adoption, or amendment of the
4637 classifications of waters and standards of purity and quality.
4638 (c) The notice shall specify the waters concerning which a classification is sought to be
4639 made for which standards are sought to be adopted and the time, date, and place of the hearing.
4640 (d) The notice shall be published at least twice [
4641
4642 shall be mailed at least 30 days before the public hearing to the chief executive of each political
4643 subdivision of the area affected and to other persons the board has reason to believe will be
4644 affected by the classification and the setting of standards.
4645 (4) (a) The adoption of standards of quality for the waters of the state and classification
4646 of the waters or any modification or change in classification shall be effectuated by an order of
4647 the board which shall be published [
4648 on the Utah Public Notice Website as described in Section 63F-1-701 .
4649 (b) In classifying waters and setting standards of water quality, adopting rules, or
4650 making any modification or change in classification or standards, the board shall allow and
4651 announce a reasonable time, not exceeding statutory deadlines contained in the federal Clean
4652 Water Act, for persons discharging wastes into the waters of the state to comply with the
4653 classification or standards and may, after public hearing if requested by the permittee, set and
4654 revise schedules of compliance and include these schedules within the terms and conditions of
4655 permits for the discharge of pollutants.
4656 (5) Any discharge in accord with classification or standards authorized by a permit is
4657 not pollution for the purpose of this chapter.
4658 Section 114. Section 19-6-712 is amended to read:
4659 19-6-712. Issuance of permits -- Public comments and hearing.
4660 (1) In considering permit applications under this part, the executive secretary shall:
4661 (a) ensure the application is complete prior to acting on it;
4662 (b) publish notice of the permit application and the opportunity for public comment [
4663
4664
4665 Public Notice Website as described in Section 63F-1-701 ;
4666 (c) allow the public to submit written comments to the executive secretary within 15
4667 days after date of publication;
4668 (d) consider timely submitted public comments and the criteria established in this part
4669 and by rule in determining whether to grant the permit; and
4670 (e) send a written copy of the decision to the applicant and to persons submitting
4671 timely comments under Subsection (1)(c).
4672 (2) The executive secretary's decision under this section may be appealed to the board
4673 only within the 30 days after the day the decision is mailed to the applicant.
4674 Section 115. Section 20A-3-201 is amended to read:
4675 20A-3-201. Watchers.
4676 (1) (a) (i) For each regular general election or statewide special election, and for each
4677 regular primary and Western States Presidential Primary, each registered political party and any
4678 person interested in a ballot proposition appearing on the ballot may appoint one person to act
4679 as a voting poll watcher to observe the casting of ballots, another person to act as a counting
4680 poll watcher to observe the counting of ballots, and another person to act as an inspecting poll
4681 watcher to inspect the condition and observe the securing of ballot packages.
4682 (ii) Each party poll watcher shall be designated, and his selection made known to the
4683 poll workers, by an affidavit made by the county chair of each of the parties.
4684 (iii) Each issue poll watcher shall be designated, and his selection made known to the
4685 poll workers, by an affidavit made by the individual appointing him.
4686 (b) (i) For each municipal general election, municipal primary, local special election, or
4687 bond election that uses paper ballots, each candidate and any person interested in an issue
4688 appearing on the ballot may appoint one person to act as a voting poll watcher to observe the
4689 casting of ballots, another person to act as a counting poll watcher to observe the counting of
4690 ballots, and another person to act as an inspecting poll watcher to inspect the condition and
4691 observe the securing of ballot packages.
4692 (ii) For each municipal general election, municipal primary, local special election, or
4693 bond election that uses ballot sheets, each candidate and any person interested in an issue
4694 appearing on the ballot may appoint one person to act as a voting poll watcher to observe the
4695 casting of ballots, another person to act as a counting poll watcher to observe the counting of
4696 ballots, and another person to act as an inspecting poll watcher to inspect the condition and
4697 observe the securing of ballot packages.
4698 (iii) Each candidate poll watcher shall be designated, and his selection made known to
4699 the poll workers, by an affidavit made by the candidate appointing him.
4700 (iv) Each issue poll watcher shall be designated, and his selection made known to the
4701 poll workers, by an affidavit made by the individual appointing him.
4702 (2) If an appointed poll watcher is temporarily absent for meals, or is sick or otherwise
4703 absent, that poll watcher may substitute some other watcher of similar political beliefs by
4704 informing the poll workers of the substitution by affidavit.
4705 (3) Voting poll watchers may watch and observe the voting process, and may make a
4706 written memorandum, but they may not interfere in any way with the process of voting except
4707 to challenge a voter as provided in this part.
4708 (4) The counting poll watcher shall remain in the counting room, except in the case of
4709 necessity, until the close of the polls and may not divulge the progress of the count until the
4710 count is completed.
4711 (5) (a) It is unlawful for a counting poll watcher to communicate in any manner,
4712 directly or indirectly, by word or sign, the progress of the count, the result so far, or any other
4713 information about the count.
4714 (b) Any person who violates this subsection is guilty of a third degree felony.
4715 (6) The inspecting poll watcher may be present in the office of the clerk or recorder to
4716 whom ballots are delivered after elections to:
4717 (a) inspect the condition of the packages containing the ballots upon their arrival; and
4718 (b) observe the placement of these packages in a safe and secure place.
4719 (7) (a) Prior to each election in which a ballot sheet or electronic ballot is used, any
4720 interested person may act as a testing watcher to observe a demonstration of logic and accuracy
4721 testing of the voting devices prior to the commencement of voting.
4722 (b) The election officer shall give prior notice of the logic and accuracy testing
4723 demonstration at least two days prior to the date of the demonstration by publishing notice of
4724 the date, time, and location of the demonstration [
4725
4726 described in Section 63F-1-701 .
4727 (c) An election official shall provide, upon request, a copy of testing results to a testing
4728 watcher.
4729 Section 116. Section 20A-3-603 is amended to read:
4730 20A-3-603. Early voting polling places.
4731 (1) The election officer shall designate one or more polling places for early voting,
4732 provided that:
4733 (a) except as provided in Subsection (3), at least one polling place is open on each day
4734 that polls are open during the early voting period;
4735 (b) each polling place meets the requirements for polling places under Chapter 5,
4736 Election Administration;
4737 (c) for all elections other than local special elections, municipal primary elections, and
4738 municipal general elections, at least 10% of the voting devices at a polling place are accessible
4739 for individuals with disabilities in accordance with Public Law 107-252, the Help America
4740 Vote Act of 2002; and
4741 (d) each polling place is located in a government building or office, unless the election
4742 officer determines that, in the area designated by the election officer, there is no government
4743 building or office available that:
4744 (i) can be scheduled for use during early voting hours;
4745 (ii) has the physical facilities necessary to accommodate early voting requirements;
4746 (iii) has adequate space for voting equipment, poll workers, and voters; and
4747 (iv) has adequate security, public accessibility, and parking.
4748 (2) (a) In the event the election officer determines that the number of early voting
4749 polling places is insufficient due to the number of registered voters who are voting, the election
4750 officer may designate additional polling places during the early voting period.
4751 (b) If an additional early voting polling place is designated, the election officer shall, as
4752 soon as is reasonably possible, give notice of the dates, times, and location of the additional
4753 polling place by:
4754 (i) publishing the notice [
4755
4756 (ii) posting the notice at the additional polling place.
4757 (3) For each regular general election and regular primary election, counties of the first
4758 class shall ensure that:
4759 (a) at least one polling place is located within each Utah State Senate district that is
4760 located wholly or partially within the county; and
4761 (b) at least one polling place located within each district is open on each day that polls
4762 are open during the early voting period.
4763 Section 117. Section 20A-3-604 is amended to read:
4764 20A-3-604. Notice of time and place of early voting.
4765 The election officer shall give notice of the dates, times, and locations of early voting
4766 by:
4767 (1) publishing the notice [
4768
4769 calendar days before the date early voting begins; and
4770 (2) posting the notice at each early voting polling place at least five calendar days
4771 before the date early voting begins.
4772 Section 118. Section 20A-5-101 is amended to read:
4773 20A-5-101. Notice of election.
4774 (1) On or before February 1 in each regular general election year, the lieutenant
4775 governor shall prepare and transmit a written notice to each county clerk that:
4776 (a) designates the offices to be filled at the regular general election;
4777 (b) identifies the dates for filing a declaration of candidacy for those offices; and
4778 (c) contains a description of any ballot propositions to be decided by the voters that
4779 have qualified for the ballot as of that date.
4780 (2) (a) No later than February 15, each county clerk shall:
4781 (i) publish a notice once [
4782 Public Notice Website as described in Section 63F-1-701 ; and
4783 (ii) (A) cause a copy of the notice to be posted in a conspicuous place most likely to
4784 give notice of the election to the voters in each voting precinct within the county; and
4785 (B) prepare an affidavit of that posting, showing a copy of the notice and the places
4786 where the notice was posted.
4787 (b) The notice required by Subsection (2)(a) shall:
4788 (i) designate the offices to be voted on in that election in that county, other than local
4789 district offices; and
4790 (ii) identify the dates for filing a declaration of candidacy for those offices.
4791 (3) Before each election, the election officer shall give written or printed notice of:
4792 (a) the date and place of election;
4793 (b) the hours during which the polls will be open;
4794 (c) the polling places for each voting precinct; and
4795 (d) the qualifications for persons to vote in the election.
4796 (4) To provide the notice required by Subsection (3), the election officer shall publish
4797 the notice at least two days before the election [
4798
4799 described in Section 63F-1-701 .
4800 Section 119. Section 20A-5-405 is amended to read:
4801 20A-5-405. Election officer to provide ballots.
4802 (1) In jurisdictions using paper ballots, each election officer shall:
4803 (a) provide printed official paper ballots and absentee ballots for every election of
4804 public officers in which the voters, or any of the voters, within the election officer's jurisdiction
4805 participate;
4806 (b) cause the name of every candidate whose nomination has been certified to or filed
4807 with the election officer in the manner provided by law to be printed on each official paper
4808 ballot and absentee ballot;
4809 (c) cause any ballot proposition that has qualified for the ballot as provided by law to
4810 be printed on each official paper ballot and absentee ballot;
4811 (d) ensure that the official paper ballots are printed and in the possession of the election
4812 officer before commencement of voting;
4813 (e) ensure that the absentee ballots are printed and in the possession of the election
4814 officer with sufficient time before commencement of voting;
4815 (f) cause any ballot proposition that has qualified for the ballot as provided by law to
4816 be printed on each official paper ballot and absentee ballot;
4817 (g) allow candidates and their agents and the sponsors of ballot propositions that have
4818 qualified for the official ballot to inspect the official paper ballots and absentee ballots;
4819 (h) cause sample ballots to be printed that are in the same form as official paper ballots
4820 and that contain the same information as official paper ballots but that are printed on different
4821 colored paper than official paper ballots;
4822 (i) ensure that the sample ballots are printed and in the possession of the election
4823 officer at least seven days before commencement of voting;
4824 (j) make the sample ballots available for public inspection by:
4825 (i) posting a copy of the sample ballot in his office at least seven days before
4826 commencement of voting;
4827 (ii) mailing a copy of the sample ballot to:
4828 (A) each candidate listed on the ballot; and
4829 (B) the lieutenant governor; and
4830 (iii) publishing a copy of the sample ballot immediately before the election [
4831
4832 Public Notice Website as described in Section 63F-1-701 ;
4833 (k) deliver at least five copies of the sample ballot to poll workers for each polling
4834 place and direct them to post the sample ballots as required by Section 20A-5-102 ; and
4835 (l) print and deliver, at the expense of the jurisdiction conducting the election, enough
4836 official paper ballots, absentee ballots, sample ballots, and instruction cards to meet the voting
4837 demands of the qualified voters in each voting precinct.
4838 (2) In jurisdictions using a punch card ballot, each election officer shall:
4839 (a) provide official ballot sheets, absentee ballot sheets, and printed official ballot
4840 labels for every election of public officers in which the voters, or any of the voters, within the
4841 election officer's jurisdiction participate;
4842 (b) cause the name of every candidate who filed with the election officer in the manner
4843 provided by law or whose nomination has been certified to the election officer to be printed on
4844 each official ballot label;
4845 (c) cause each ballot proposition that has qualified for the ballot as provided by law to
4846 be printed on each official ballot label;
4847 (d) ensure that the official ballot labels are printed and in the possession of the election
4848 officer before the commencement of voting;
4849 (e) ensure that the absentee ballots are printed and in the possession of the election
4850 officer with sufficient time before commencement of voting;
4851 (f) cause any ballot proposition that has qualified for the ballot as provided by law to
4852 be printed on each official ballot label and absentee ballot;
4853 (g) allow candidates and their agents and the sponsors of ballot propositions that have
4854 qualified for the official sample ballot to inspect the official sample ballot;
4855 (h) cause sample ballots to be printed that contain the same information as official
4856 ballot labels but that are distinguishable from official ballot labels;
4857 (i) ensure that the sample ballots are printed and in the possession of the election
4858 officer at least seven days before commencement of voting;
4859 (j) make the sample ballots available for public inspection by:
4860 (i) posting a copy of the sample ballot in his office at least seven days before
4861 commencement of voting;
4862 (ii) mailing a copy of the sample ballot to:
4863 (A) each candidate listed on the ballot; and
4864 (B) the lieutenant governor; and
4865 (iii) publishing a copy of the sample ballot immediately before the election [
4866
4867 Public Notice Website as described in Section 63F-1-701 ;
4868 (k) deliver at least five copies of the sample ballot to poll workers for each polling
4869 place and direct them to post the sample ballots as required by Section 20A-5-102 ; and
4870 (l) print and deliver official ballot sheets, official ballot labels, sample ballots, and
4871 instruction cards at the expense of the jurisdiction conducting the election.
4872 (3) In jurisdictions using a ballot sheet other than a punch card, each election officer
4873 shall:
4874 (a) provide official ballot sheets and absentee ballot sheets for every election of public
4875 officers in which the voters, or any of the voters, within the election officer's jurisdiction
4876 participate;
4877 (b) cause the name of every candidate who filed with the election officer in the manner
4878 provided by law or whose nomination has been certified to or filed with the election officer to
4879 be printed on each official ballot and absentee ballot;
4880 (c) cause each ballot proposition that has qualified for the ballot as provided by law to
4881 be printed on each official ballot and absentee ballot;
4882 (d) ensure that the official ballots are printed and in the possession of the election
4883 officer before commencement of voting;
4884 (e) ensure that the absentee ballots are printed and in the possession of the election
4885 officer with sufficient time before commencement of voting;
4886 (f) cause any ballot proposition that has qualified for the ballot as provided by law to
4887 be printed on each official ballot and absentee ballot;
4888 (g) allow candidates and their agents and the sponsors of ballot propositions that have
4889 qualified for the official sample ballot to inspect the official sample ballot;
4890 (h) cause sample ballots to be printed that contain the same information as official
4891 ballots but that are distinguishable from the official ballots;
4892 (i) ensure that the sample ballots are printed and in the possession of the election
4893 officer at least seven days before commencement of voting;
4894 (j) make the sample ballots available for public inspection by:
4895 (i) posting a copy of the sample ballot in the election officer's office at least seven days
4896 before commencement of voting;
4897 (ii) mailing a copy of the sample ballot to:
4898 (A) each candidate listed on the ballot; and
4899 (B) the lieutenant governor; and
4900 (iii) publishing a copy of the sample ballot immediately before the election [
4901
4902 Public Notice Website as described in Section 63F-1-701 ;
4903 (k) deliver at least five copies of the sample ballot to poll workers for each polling
4904 place and direct them to post the sample ballots as required by Section 20A-5-102 ; and
4905 (l) print and deliver, at the expense of the jurisdiction conducting the election, enough
4906 official ballots, absentee ballots, sample ballots, and instruction cards to meet the voting
4907 demands of the qualified voters in each voting precinct.
4908 (4) In jurisdictions using electronic ballots, each election officer shall:
4909 (a) provide official ballots for every election of public officers in which the voters, or
4910 any of the voters, within the election officer's jurisdiction participate;
4911 (b) cause the name of every candidate who filed with the election officer in the manner
4912 provided by law or whose nomination has been certified to the election officer to be displayed
4913 on each official ballot;
4914 (c) cause each ballot proposition that has qualified for the ballot as provided by law to
4915 be displayed on each official ballot;
4916 (d) ensure that the official ballots are prepared and in the possession of the election
4917 officer before commencement of voting;
4918 (e) ensure that the absentee ballots are prepared and in the possession of the election
4919 officer with sufficient time before commencement of voting;
4920 (f) cause any ballot proposition that has qualified for the ballot as provided by law to
4921 be printed on each official ballot and absentee ballot;
4922 (g) allow candidates and their agents and the sponsors of ballot propositions that have
4923 qualified for the official sample ballot to inspect the official sample ballot;
4924 (h) cause sample ballots to be printed that contain the same information as official
4925 ballots but that are distinguishable from official ballots;
4926 (i) ensure that the sample ballots are printed and in the possession of the election
4927 officer at least seven days before commencement of voting;
4928 (j) make the sample ballots available for public inspection by:
4929 (i) posting a copy of the sample ballot in the election officer's office at least seven days
4930 before commencement of voting;
4931 (ii) mailing a copy of the sample ballot to:
4932 (A) each candidate listed on the ballot; and
4933 (B) the lieutenant governor; and
4934 (iii) publishing a copy of the sample ballot immediately before the election [
4935
4936 Public Notice Website as described in Section 63F-1-701 ;
4937 (k) deliver at least five copies of the sample ballot to poll workers for each polling
4938 place and direct them to post the sample ballots as required by Section 20A-5-102 ; and
4939 (l) prepare and deliver official ballots, sample ballots, and instruction cards at the
4940 expense of the jurisdiction conducting the election.
4941 (5) (a) Each election officer shall, without delay, correct any error discovered in any
4942 official paper ballot, ballot label, ballot sheet, electronic ballot, or sample ballot, if the
4943 correction can be made without interfering with the timely distribution of the paper ballots,
4944 ballot labels, ballot sheets, or electronic ballots.
4945 (b) (i) If the election officer discovers an error or omission in a paper ballot, ballot
4946 label, or ballot sheet, and it is not possible to correct the error or omission by reprinting the
4947 paper ballots, ballot labels, or ballot sheets, the election officer shall direct the poll workers to
4948 make the necessary corrections on the official paper ballots, ballot labels, or ballot sheets
4949 before they are distributed at the polls.
4950 (ii) If the election officer discovers an error or omission in an electronic ballot and it is
4951 not possible to correct the error or omission by revising the electronic ballot, the election
4952 officer shall direct the poll workers to post notice of each error or omission with instructions on
4953 how to correct each error or omission in a prominent position at each polling booth.
4954 (c) (i) If the election officer refuses or fails to correct an error or omission in the paper
4955 ballots, ballot labels, ballot sheets, or electronic ballots, a candidate or a candidate's agent may
4956 file a verified petition with the district court asserting that:
4957 (A) an error or omission has occurred in:
4958 (I) the publication of the name or description of a candidate;
4959 (II) the preparation or display of an electronic ballot; or
4960 (III) in the printing of sample or official paper ballots, ballot labels, or ballot sheets;
4961 and
4962 (B) the election officer has failed to correct or provide for the correction of the error or
4963 omission.
4964 (ii) The district court shall issue an order requiring correction of any error in a paper
4965 ballot, ballot label, ballot sheet, or electronic ballot or an order to show cause why the error
4966 should not be corrected if it appears to the court that the error or omission has occurred and the
4967 election officer has failed to correct it or failed to provide for its correction.
4968 (iii) A party aggrieved by the district court's decision may appeal the matter to the Utah
4969 Supreme Court within five days after the decision of the district court.
4970 Section 120. Section 20A-7-204.1 is amended to read:
4971 20A-7-204.1. Public hearings to be held before initiative petitions are circulated.
4972 (1) (a) After issuance of the initial fiscal impact estimate by the Governor's Office of
4973 Planning and Budget and before circulating initiative petitions for signature statewide, sponsors
4974 of the initiative petition shall hold at least seven public hearings throughout Utah as follows:
4975 (i) one in the Bear River region -- Box Elder, Cache, or Rich County;
4976 (ii) one in the Southwest region -- Beaver, Garfield, Iron, Kane, or Washington
4977 County;
4978 (iii) one in the Mountain region -- Summit, Utah, or Wasatch County;
4979 (iv) one in the Central region -- Juab, Millard, Piute, Sanpete, Sevier, or Wayne
4980 County;
4981 (v) one in the Southeast region -- Carbon, Emery, Grand, or San Juan County;
4982 (vi) one in the Uintah Basin region -- Daggett, Duchesne, or Uintah County; and
4983 (vii) one in the Wasatch Front region -- Davis, Morgan, Salt Lake, Tooele, or Weber
4984 County.
4985 (b) Of the seven meetings, at least two of the meetings must be held in a first or second
4986 class county, but not in the same county.
4987 (2) At least three calendar days before the date of the public hearing, the sponsors
4988 shall:
4989 (a) provide written notice of the public hearing to:
4990 (i) the lieutenant governor for posting on the state's website; and
4991 (ii) each state senator, state representative, and county commission or county council
4992 member who is elected in whole or in part from the region where the public hearing will be
4993 held; and
4994 (b) publish written notice of the public hearing detailing its time, date, and location [
4995
4996
4997 (3) (a) During the public hearing, the sponsors shall either:
4998 (i) video tape or audio tape the public hearing and, when the hearing is complete,
4999 deposit the complete audio or video tape of the meeting with the lieutenant governor; or
5000 (ii) take comprehensive minutes of the public hearing, detailing the names and titles of
5001 each speaker and summarizing each speaker's comments.
5002 (b) The lieutenant governor shall make copies of the tapes or minutes available to the
5003 public.
5004 Section 121. Section 20A-9-203 is amended to read:
5005 20A-9-203. Declarations of candidacy -- Municipal general elections.
5006 (1) (a) (i) A person may become a candidate for any municipal office if:
5007 (A) the person is a registered voter; and
5008 (B) (I) the person has resided within the municipality in which that person seeks to
5009 hold elective office for the 12 consecutive months immediately before the date of the election;
5010 or
5011 (II) if the territory in which the person resides was annexed into the municipality, the
5012 person has resided within the annexed territory or the municipality the 12 consecutive months
5013 immediately before the date of the election.
5014 (ii) For purposes of determining whether a person meets the residency requirement of
5015 Subsection (1)(a)(i)(B)(I) in a municipality that was incorporated less than 12 months before
5016 the election, the municipality shall be considered to have been incorporated 12 months before
5017 the date of the election.
5018 (b) In addition to the requirements of Subsection (1)(a), each candidate for a municipal
5019 council position shall, if elected from a district, be a resident of the council district from which
5020 elected.
5021 (c) In accordance with Utah Constitution Article IV, Section 6, any mentally
5022 incompetent person, any person convicted of a felony, or any person convicted of treason or a
5023 crime against the elective franchise may not hold office in this state until the right to hold
5024 elective office is restored under Section 20A-2-101.5 .
5025 (2) (a) Except as provided in Subsection (2)(b) or (2)(c), each person seeking to
5026 become a candidate for a municipal office shall:
5027 (i) file a declaration of candidacy, in person with the city recorder or town clerk, during
5028 office hours and not later than 5 p.m. between July 1 and July 15 of any odd numbered year;
5029 and
5030 (ii) pay the filing fee, if one is required by municipal ordinance.
5031 (b) (i) As used in this Subsection (2)(b), "registered voters" means the number of
5032 persons registered to vote in the municipality on the January 1 of the municipal election year.
5033 (ii) A third, fourth, or fifth class city that used the convention system to nominate
5034 candidates in the last municipal election as authorized by Subsection 20A-9-404 (3) or used the
5035 process contained in this Subsection (2)(b) in the last municipal election or a town that used the
5036 convention system to nominate candidates in the last municipal election as authorized by
5037 Subsection 20A-9-404 (3) or used the process contained in this Subsection (2)(b) in the last
5038 municipal election may, by ordinance, require, in lieu of the convention system, that candidates
5039 for municipal office file a nominating petition signed by a percentage of registered voters at the
5040 same time that the candidate files a declaration of candidacy.
5041 (iii) The ordinance shall specify the number of signatures that the candidate must
5042 obtain on the nominating petition in order to become a candidate for municipal office under
5043 this Subsection (2), but that number may not exceed 5% of registered voters.
5044 (c) Any resident of a municipality may nominate a candidate for a municipal office by:
5045 (i) filing a nomination petition with the city recorder or town clerk during office hours,
5046 but not later than 5 p.m., between July 1 and July 15 of any odd-numbered year; and
5047 (ii) paying the filing fee, if one is required by municipal ordinance.
5048 (3) (a) Before the filing officer may accept any declaration of candidacy or nomination
5049 petition, the filing officer shall:
5050 (i) read to the prospective candidate or person filing the petition the constitutional and
5051 statutory qualification requirements for the office that the candidate is seeking; and
5052 (ii) require the candidate or person filing the petition to state whether or not the
5053 candidate meets those requirements.
5054 (b) If the prospective candidate does not meet the qualification requirements for the
5055 office, the filing officer may not accept the declaration of candidacy or nomination petition.
5056 (c) If it appears that the prospective candidate meets the requirements of candidacy, the
5057 filing officer shall:
5058 (i) inform the candidate that the candidate's name will appear on the ballot as it is
5059 written on the declaration of candidacy;
5060 (ii) provide the candidate with a copy of the current campaign financial disclosure laws
5061 for the office the candidate is seeking and inform the candidate that failure to comply will
5062 result in disqualification as a candidate and removal of the candidate's name from the ballot;
5063 (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
5064 Electronic Voter Information Website Program and inform the candidate of the submission
5065 deadline under Subsection 20A-7-801 (4)(a);
5066 (iv) provide the candidate with a copy of the pledge of fair campaign practices
5067 described under Section 20A-9-206 and inform the candidate that:
5068 (A) signing the pledge is voluntary; and
5069 (B) signed pledges shall be filed with the filing officer; and
5070 (v) accept the declaration of candidacy or nomination petition.
5071 (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
5072 officer shall:
5073 (i) accept the candidate's pledge; and
5074 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
5075 candidate's pledge to the chair of the county or state political party of which the candidate is a
5076 member.
5077 (4) The declaration of candidacy shall substantially comply with the following form:
5078 "I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
5079 County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
5080 registered voter; and that I am a candidate for the office of ____ (stating the term). I will meet
5081 the legal qualifications required of candidates for this office. I will file all campaign financial
5082 disclosure reports as required by law and I understand that failure to do so will result in my
5083 disqualification as a candidate for this office and removal of my name from the ballot. I
5084 request that my name be printed upon the applicable official ballots. (Signed)
5085 _______________
5086 Subscribed and sworn to (or affirmed) before me by ____ on this
5087 __________(month\day\year).
5088 (Signed) _______________ (Clerk or other officer qualified to administer oath)"
5089 (5) (a) In all first and second class cities, and in third, fourth, or fifth class cities that
5090 have not passed the ordinance authorized by Subsection (2)(b) and in towns that have not
5091 passed the ordinance authorized by Subsection (2)(b), any registered voter may be nominated
5092 for municipal office by submitting a petition signed by:
5093 (i) 25 residents of the municipality who are at least 18 years old; or
5094 (ii) 20% of the residents of the municipality who are at least 18 years old.
5095 (b) (i) The petition shall substantially conform to the following form:
5096
5097 The undersigned residents of (name of municipality) being 18 years old or older
5098 nominate (name of nominee) to the office of ____ for the (two or four-year term, whichever is
5099 applicable)."
5100 (ii) The remainder of the petition shall contain lines and columns for the signatures of
5101 persons signing the petition and their addresses and telephone numbers.
5102 (6) (a) In third, fourth, and fifth class cities that have passed the ordinance authorized
5103 by Subsection (2)(b), and in towns that have passed the ordinance authorized by Subsection
5104 (2)(b), any registered voter may be nominated for municipal office by submitting a petition
5105 signed by the same percentage of registered voters in the municipality as required by the
5106 ordinance passed under authority of Subsection (2)(b).
5107 (b) (i) The petition shall substantially conform to the following form:
5108 "NOMINATION PETITION
5109 The undersigned residents of (name of municipality) being 18 years old or older
5110 nominate (name of nominee) to the office of (name of office) for the (two or four-year term,
5111 whichever is applicable)."
5112 (ii) The remainder of the petition shall contain lines and columns for the signatures of
5113 persons signing the petition and their addresses and telephone numbers.
5114 (7) If the declaration of candidacy or nomination petition fails to state whether the
5115 nomination is for the two or four-year term, the clerk shall consider the nomination to be for
5116 the four-year term.
5117 (8) (a) The clerk shall verify with the county clerk that all candidates are registered
5118 voters.
5119 (b) Any candidate who is not registered to vote is disqualified and the clerk may not
5120 print the candidate's name on the ballot.
5121 (9) Immediately after expiration of the period for filing a declaration of candidacy, the
5122 clerk shall:
5123 (a) cause the names of the candidates as they will appear on the ballot to be published
5124 [
5125
5126 (b) notify the lieutenant governor of the names of the candidates as they will appear on
5127 the ballot.
5128 (10) A declaration of candidacy or nomination petition filed under this section may not
5129 be amended after the expiration of the period for filing a declaration of candidacy.
5130 (11) (a) A declaration of candidacy or nomination petition filed under this section is
5131 valid unless a written objection is filed with the clerk within five days after the last day for
5132 filing.
5133 (b) If an objection is made, the clerk shall:
5134 (i) mail or personally deliver notice of the objection to the affected candidate
5135 immediately; and
5136 (ii) decide any objection within 48 hours after it is filed.
5137 (c) If the clerk sustains the objection, the candidate may correct the problem by
5138 amending the declaration or petition within three days after the objection is sustained or by
5139 filing a new declaration within three days after the objection is sustained.
5140 (d) (i) The clerk's decision upon objections to form is final.
5141 (ii) The clerk's decision upon substantive matters is reviewable by a district court if
5142 prompt application is made to the district court.
5143 (iii) The decision of the district court is final unless the Supreme Court, in the exercise
5144 of its discretion, agrees to review the lower court decision.
5145 (12) Any person who filed a declaration of candidacy and was nominated, and any
5146 person who was nominated by a nomination petition, may, any time up to 23 days before the
5147 election, withdraw the nomination by filing a written affidavit with the clerk.
5148 Section 122. Section 23-21-1.5 is amended to read:
5149 23-21-1.5. Acquisition of real property held in private ownership -- Published
5150 notice and governor's approval required.
5151 (1) The Division of Wildlife Resources may not acquire title to real property held in
5152 private ownership without first:
5153 (a) publishing a notice of the proposed acquisition [
5154
5155 described in Section 63F-1-701 ; and
5156 (b) obtaining the approval of the governor.
5157 (2) The requirements of Subsection (1) apply whether title to real property held in
5158 private ownership is acquired through a purchase, donation, or other means.
5159 (3) In the case of a proposed purchase of private property, the notice may be published
5160 after earnest money is paid.
5161 (4) The published notice shall inform the public regarding:
5162 (a) the proposed use of the land;
5163 (b) any conditions on the acquisition of the land placed by donors, the federal
5164 government, sellers, or others specifying how the land must be used;
5165 (c) any changes to existing land uses that are anticipated; and
5166 (d) the public comment submission process for comments on the proposed acquisition.
5167 (5) The governor shall:
5168 (a) submit a notification of the proposed acquisition to:
5169 (i) the county executive of the county in which the property is located;
5170 (ii) the legislators of the legislative districts in which the lands are located; and
5171 (iii) the School and Institutional Trust Lands Administration; and
5172 (b) invite those notified to submit any comments on the proposed acquisition.
5173 (6) After considering comments on the proposed acquisition, the governor may
5174 approve the acquisition in whole or in part or disapprove the acquisition.
5175 Section 123. Section 24-1-4 is amended to read:
5176 24-1-4. Civil Procedures.
5177 (1) An agency which seizes property under any provision of state law subjecting the
5178 property to forfeiture shall, as soon as practicable, but in no case more than 30 days after
5179 seizure:
5180 (a) prepare a detailed inventory of all property seized and transfer the seized property
5181 to a designated official within the agency, who shall be responsible for holding and maintaining
5182 seized property pending a court order of release or final determination of forfeiture and
5183 disposition of property under this chapter;
5184 (b) notify the prosecuting attorney for the appropriate jurisdiction who is responsible
5185 for initiating forfeiture proceedings under this chapter of the items of property seized, the place
5186 of the seizure and any persons arrested at the time of seizure; and
5187 (c) give written notice to all owners and interest holders known, or reasonably
5188 discoverable after due diligence, of:
5189 (i) the date of the seizure and the property seized;
5190 (ii) the owner's or interest holder's rights and obligations under this chapter, including
5191 the availability of hardship relief in appropriate circumstances; and
5192 (iii) a brief description of the statutory basis for the forfeiture and the judicial
5193 proceedings by which property is forfeited under this chapter.
5194 (2) (a) If the seizing agency fails to provide notice as required in Subsection (1), an
5195 owner or interest holder entitled to notice who does not receive notice may void the forfeiture
5196 with respect to the owner's or interest holder's interest in the property by bringing a motion
5197 before the appropriate district court and serving it upon the seizing agency. The motion may be
5198 brought at any time prior to the final disposition of the property under this chapter.
5199 (b) If an owner or interest holder brings a motion to void the forfeiture for lack of the
5200 notice required under Subsection (1), the court shall void the forfeiture unless the seizing
5201 agency demonstrates:
5202 (i) good cause for the failure to give notice to that owner; or
5203 (ii) that the owner otherwise had actual notice of the seizure.
5204 (3) (a) Within 60 days of any seizure, the prosecuting attorney shall file a complaint for
5205 forfeiture in the appropriate district court and serve a summons and notice of intent to seek
5206 forfeiture with a copy of the complaint upon all owners and interest holders known to the
5207 prosecuting attorney to have an interest in the property. Service shall be by one of the
5208 following methods:
5209 (i) if the owner's or interest holder's name and current address are known, either by
5210 personal service by any person qualified to serve process, by a law enforcement officer, or by
5211 certified mail, return receipt requested, to that address;
5212 (ii) if the owner's or interest holder's name and address are required by law to be on
5213 record with any state agency in order to perfect an interest in property and the owner's or
5214 interest holder's current address is not known, by mailing a copy of the notice by certified mail,
5215 return receipt requested, to the most recent address listed by any of those agencies; or
5216 (iii) if the owner's or interest holder's address is not known and is not on record as
5217 provided in Subsection (3)(a)(i) or (ii), by publication for two successive weeks [
5218
5219 Public Notice Website as described in Section 63F-1-701 .
5220 (b) Notice is effective upon the earlier of personal service, publication, or the mailing
5221 of a written notice.
5222 (c) The summons and notice of intent to seek forfeiture shall:
5223 (i) be addressed to the known owners and interest holders of the seized property, and to
5224 the person from whom the property was seized;
5225 (ii) contain the name, business address, and business telephone number of the
5226 prosecuting attorney seeking the forfeiture; and
5227 (iii) contain:
5228 (A) a description of the property which is the subject matter of the forfeiture
5229 proceeding;
5230 (B) notice that a complaint for forfeiture has been or will be filed;
5231 (C) the time and procedural requirements for filing an answer or claim;
5232 (D) notice of the availability of hardship or bond release of the property; and
5233 (E) notice that failure to file an answer or other claim regarding the seized property will
5234 result in a default judgment against the seized property.
5235 (d) The complaint shall describe with reasonable particularity:
5236 (i) the property which is the subject matter of the forfeiture proceeding;
5237 (ii) the date and place of seizure; and
5238 (iii) the allegations which constitute a basis for forfeiture.
5239 (4) (a) If the prosecuting attorney does not timely file a complaint for forfeiture of the
5240 property in accordance with Subsection (3), the agency shall promptly return the property to its
5241 owner and the prosecuting attorney may take no further action to effect the forfeiture of the
5242 property.
5243 (b) If the agency knows of more than one owner, it shall return the property to the
5244 owner who was in possession at the time of the seizure.
5245 (5) (a) In any case where the prosecuting attorney files a complaint for forfeiture of
5246 property, an owner or interest holder may file a claim and an answer to the complaint.
5247 (b) The claim and answer shall be filed within 30 days after the complaint is served in
5248 person or by mail, or where applicable, within 30 days after publication under Subsection (3).
5249 (6) (a) Except as otherwise provided in this chapter, forfeiture proceedings are
5250 governed by the Utah Rules of Civil Procedure.
5251 (b) The court shall take all reasonable steps to expedite forfeiture proceedings and shall
5252 give these proceedings the same priority as is given to criminal cases.
5253 (c) In all suits or actions brought for the civil forfeiture of any property under this
5254 chapter, the burden of proof is on the prosecuting attorney to establish, by clear and convincing
5255 evidence, to what extent, if any, property is subject to forfeiture.
5256 (d) The right to trial by jury applies to forfeiture proceedings under this chapter.
5257 Section 124. Section 26-8a-401 is amended to read:
5258 26-8a-401. State regulation of emergency medical services market.
5259 (1) To ensure emergency medical service quality and minimize unnecessary
5260 duplication, the department shall regulate the emergency medical service market after October
5261 1, 1999, by creating and operating a statewide system that:
5262 (a) consists of exclusive geographic service areas as provided in Section 26-8a-402 ;
5263 and
5264 (b) establishes maximum rates as provided in Section 26-8a-403 .
5265 (2) (a) All licenses issued prior to July 1, 1996, shall expire as stated in the license.
5266 (b) If no expiration date is stated on a license issued before July 1, 1996, the license
5267 shall expire on October 1, 1999, unless:
5268 (i) the license holder requests agency action before August 1, 1999; and
5269 (ii) before October 1, 1999, the department:
5270 (A) finds the license has been used as the basis for responding to requests for
5271 ambulance or paramedic services during the past five years;
5272 (B) identifies one or more specific geographic areas covered by the license in which the
5273 license holder has actively and adequately responded as the primary provider to requests for
5274 ambulance or paramedic services during the past five years; and
5275 (C) determines that the continuation of a license in a specific geographic area identified
5276 in Subsection (2)(b)(ii)(B) satisfies:
5277 (I) the standards established pursuant to Subsection 26-8a-404 (2); and
5278 (II) the requirement of public convenience and necessity.
5279 (c) If the department finds that a license meets the requirements of Subsection (2)(b),
5280 the department shall amend the license to reflect:
5281 (i) the specific geographic area of the license; and
5282 (ii) a four-year term extension.
5283 (d) Before July 1, 1999, the department shall publish notice once a week for four
5284 consecutive weeks of the expiration of licenses pursuant to Subsection (2)(b) [
5285
5286 63F-1-701 .
5287 (e) Nothing in this Subsection (2) may be construed as restricting the authority of the
5288 department to amend overlapping licenses pursuant to Section 26-8a-416 .
5289 (3) After October 1, 1999, new licenses and license renewals shall be for a four-year
5290 term.
5291 Section 125. Section 26-8a-405.3 is amended to read:
5292 26-8a-405.3. Use of competitive sealed proposals -- Procedure -- Appeal rights.
5293 (1) (a) Competitive sealed proposals for paramedic or 911 ambulance services under
5294 Section 26-8a-405.2 shall be solicited through a request for proposal and the provisions of this
5295 section.
5296 (b) The governing body of the political subdivision shall approve the request for
5297 proposal prior to the notice of the request for proposals under Subsection (1)(c).
5298 (c) Notice of the request for proposals must be published at least once a week for three
5299 consecutive weeks [
5300
5301 and the notice must be posted for at least 20 days in at least five public places in the county.
5302 (2) (a) Proposals shall be opened so as to avoid disclosure of contents to competing
5303 offerors during the process of negotiations.
5304 (b) (i) Subsequent to the published notice, and prior to selecting an applicant, the
5305 political subdivision must hold a presubmission conference with interested applicants for the
5306 purpose of assuring full understanding of, and responsiveness to, solicitation requirements.
5307 (ii) A political subdivision shall allow at least 90 days from the presubmission
5308 conference for the proposers to submit proposals.
5309 (c) Subsequent to the presubmission conference, the political subdivision may issue
5310 addenda to the request for proposals. An addenda to a request for proposal must be finalized
5311 and posted by the political subdivision at least 45 days prior to the date on which the proposal
5312 must be submitted.
5313 (d) Offerors to the request for proposals shall be accorded fair and equal treatment with
5314 respect to any opportunity for discussion and revisions of proposals, and revisions may be
5315 permitted after submission and before a contract is awarded for the purpose of obtaining best
5316 and final offers.
5317 (e) In conducting discussions, there shall be no disclosures of any information derived
5318 from proposals submitted by competing offerors.
5319 (3) (a) (i) A political subdivision may select an applicant approved by the department
5320 under Section 26-8a-404 to provide 911 ambulance or paramedic services by contract to the
5321 most responsible offeror as defined in Subsection 63G-6-103 (24).
5322 (ii) An award under Subsection (3)(a)(i) shall be made to the responsible offeror whose
5323 proposal is determined in writing to be the most advantageous to the political subdivision,
5324 taking into consideration price and the evaluation factors set forth in the request for proposal.
5325 (b) The applicants who are approved under Section 26-8a-405 and who are selected
5326 under this section may be the political subdivision issuing the request for competitive sealed
5327 proposals, or any other public entity or entities, any private person or entity, or any
5328 combination thereof.
5329 (c) A political subdivision may reject all of the competitive proposals.
5330 (4) In seeking competitive sealed proposals and awarding contracts under this section,
5331 a political subdivision:
5332 (a) shall apply the public convenience and necessity factors listed in Subsections
5333 26-8a-408 (2) through (6);
5334 (b) shall require the applicant responding to the proposal to disclose how the applicant
5335 will meet performance standards in the request for proposal;
5336 (c) may not require or restrict an applicant to a certain method of meeting the
5337 performance standards, including:
5338 (i) requiring ambulance medical personnel to also be a firefighter; or
5339 (ii) mandating that offerors use fire stations or dispatch services of the political
5340 subdivision;
5341 (d) (i) shall require an applicant to submit the proposal based on full cost accounting in
5342 accordance with generally accepted accounting principals; and
5343 (ii) if the applicant is a governmental entity, in addition to the requirements of
5344 Subsection (4)(e)(i), in accordance with generally accepted government auditing standards and
5345 in compliance with the State of Utah Legal Compliance Audit Guide; and
5346 (e) shall set forth in the request for proposal:
5347 (i) the method for determining full cost accounting in accordance with generally
5348 accepted accounting principles, and require an applicant to submit the proposal based on such
5349 full cost accounting principles;
5350 (ii) guidelines established to further competition and provider accountability; and
5351 (iii) a list of the factors that will be considered by the political subdivision in the award
5352 of the contract, including by percentage, the relative weight of the factors established under this
5353 Subsection (4)(e), which may include such things as:
5354 (A) response times;
5355 (B) staging locations;
5356 (C) experience;
5357 (D) quality of care; and
5358 (E) cost, consistent with the cost accounting method in Subsection (4)(e)(i).
5359 (5) (a) Notwithstanding the provisions of Subsection 63G-6-104 (3), the provisions of
5360 Title 63G, Chapter 6, Part 8, Legal and Contractual Remedies, apply to the procurement
5361 process required by this section, except as provided in Subsection (5)(c).
5362 (b) The Procurement Appeals Board created in Section 63G-6-807 shall have
5363 jurisdiction to review and determine an appeal of an offeror under this section in the same
5364 manner as provided in Section 63G-6-810 .
5365 (c) (i) An offeror may appeal the solicitation or award as provided by the political
5366 subdivision's procedures. After all political subdivision appeal rights are exhausted, the offeror
5367 may appeal under the provisions of Subsections (5)(a) and (b).
5368 (ii) The factual determination required by Subsection 63G-6-813 (1) shall be based on
5369 whether the solicitation or award was made in accordance with the procedures set forth in this
5370 section and Section 26-8a-405.2 .
5371 (d) The determination of an issue of fact by the appeals board shall be final and
5372 conclusive unless arbitrary and capricious or clearly erroneous as provided in Section
5373 63G-6-813 .
5374 Section 126. Section 26-8a-406 is amended to read:
5375 26-8a-406. Ground ambulance and paramedic licenses -- Parties.
5376 (1) When an applicant approved under Section 26-8a-404 seeks licensure under the
5377 provisions of Sections 26-8a-406 through 26-8a-409 , the department shall:
5378 (a) issue a notice of agency action to the applicant to commence an informal
5379 administrative proceeding;
5380 (b) provide notice of the application to all interested parties; and
5381 (c) publish notice of the application, at the applicant's expense, once a week for four
5382 consecutive weeks, [
5383
5384 63F-1-701 .
5385 (2) An interested party has 30 days to object to an application.
5386 (3) If an interested party objects, the presiding officer must join the interested party as
5387 an indispensable party to the proceeding.
5388 (4) The department may join the proceeding as a party to represent the public interest.
5389 (5) Others who may be affected by the grant of a license to the applicant may join the
5390 proceeding, if the presiding officer determines that they meet the requirement of legal standing.
5391 Section 127. Section 26-19-6 is amended to read:
5392 26-19-6. Action by department -- Notice to recipient.
5393 (1) (a) Within 30 days after commencing an action under Subsection 26-19-5 (3), the
5394 department shall give the recipient, his guardian, personal representative, trustee, estate, or
5395 survivor, whichever is appropriate, written notice of the action by:
5396 (i) personal service or certified mail to the last known address of the person receiving
5397 the notice; or
5398 (ii) if no last-known address is available, by publishing a notice once a week for three
5399 successive weeks [
5400
5401 (b) Proof of service shall be filed in the action.
5402 (c) The recipient may intervene in the department's action at any time before trial.
5403 (2) The notice required by Subsection (1) shall name the court in which the action is
5404 commenced and advise the recipient of:
5405 (a) the right to intervene in the proceeding;
5406 (b) the right to obtain a private attorney; and
5407 (c) the department's right to recover medical assistance directly from the third party.
5408 Section 128. Section 31A-2-303 is amended to read:
5409 31A-2-303. Notice.
5410 (1) If the commissioner determines that the number of persons affected by a proposed
5411 action is so great as to render it impracticable to serve each person affected with a copy of an
5412 order, notice of hearing, or other notice, the commissioner shall:
5413 (a) provide a copy of the order, notice of hearing, or other notice to all persons who
5414 have filed with the department a general request to be informed of this type of action, or if
5415 fewer than ten persons have requested this type of notice, provide a copy to those who have and
5416 also to others affected by the notice or order so that at least ten persons receive the notice or
5417 order who are collectively representative of the class of persons whose legal status, pecuniary
5418 interests, or other substantial interests will be affected by the proposed action; and
5419 (b) publish a copy of the order, notice of hearing, or other notice under Subsection (2).
5420 (2) When this title requires the commissioner to publish an order, notice of hearing, or
5421 other document [
5422 published at least once during each of the four weeks preceding the hearing, effective date, or
5423 other critical event, [
5424
5425 Section 63F-1-701 .
5426 Section 129. Section 31A-27a-406 is amended to read:
5427 31A-27a-406. Notice to creditors and others.
5428 (1) Unless the receivership court otherwise directs, the liquidator shall give or cause to
5429 be given notice of the liquidation order as soon as possible:
5430 (a) by first-class mail or electronic communication as permitted by the receivership
5431 court to the following at their last-known address:
5432 (i) all of the insurer's agents, brokers, or producers of record with a current
5433 appointment or current license to represent the insurer; and
5434 (ii) all other agents, brokers, or producers that the liquidator considers appropriate;
5435 (b) by first-class mail or electronic communication as permitted by the receivership
5436 court to:
5437 (i) all current policyholders;
5438 (ii) all pending claimants; and
5439 (iii) as determined by the receivership court, former policyholders and other creditors;
5440 and
5441 (c) by one time publication [
5442 (i) [
5443 Public Notice Website as described in Section 63F-1-701 ; and
5444 (ii) other locations that the liquidator considers appropriate.
5445 (2) The notice of the entry of an order of liquidation shall contain or provide directions
5446 for obtaining the following information:
5447 (a) a statement that the insurer has been placed in liquidation;
5448 (b) a statement:
5449 (i) explaining that certain acts are stayed under Section 31A-27a-108 ; and
5450 (ii) describing any additional injunctive relief ordered by the receivership court;
5451 (c) a statement whether, and to what extent, the insurer's policies continue in effect;
5452 (d) to the extent applicable, a statement that coverage by guaranty associations may be
5453 available for all or part of policy benefits in accordance with applicable state guaranty laws;
5454 (e) a statement of:
5455 (i) the deadline for filing claims, if established; and
5456 (ii) the requirements for filing a proof of claim pursuant to Section 31A-27a-601 on or
5457 before that date;
5458 (f) a statement of the date, time, and location of any initial status hearing scheduled at
5459 the time the notice is sent;
5460 (g) a description of the process for obtaining notice of matters before the receivership
5461 court; and
5462 (h) other information as the liquidator or the receivership court considers appropriate.
5463 (3) If notice is given in accordance with this section, the distribution of property of the
5464 insurer under this chapter is conclusive with respect to all claimants, whether or not the
5465 claimant received notice.
5466 (4) (a) Notwithstanding the other provisions of this section, the liquidator has no duty
5467 to locate any person if:
5468 (i) no address is found in the records of the insurer; or
5469 (ii) a mailing is returned to the liquidator because of inability to deliver at the address
5470 shown in the insurer's records.
5471 (b) In the circumstances described in Subsection (4)(a), the notice by publication as
5472 required by this chapter or actual notice received is sufficient notice.
5473 (c) Written certification by the liquidator or other knowledgeable person acting for the
5474 liquidator that a notice is deposited in the United States mail, postage prepaid, or that the notice
5475 is electronically transmitted is prima facie evidence of mailing and receipt.
5476 (d) A claimant has a duty to keep the liquidator informed of any change of address.
5477 (5) Notwithstanding Subsection (1):
5478 (a) upon application of the liquidator, the receivership court may find that notice by
5479 publication as required in this section is sufficient notice to those persons holding an
5480 occurrence policy:
5481 (i) that expired more than four years before the day on which the order of liquidation is
5482 entered; and
5483 (ii) under which there are no pending claims; or
5484 (b) the receivership court may order other notice to those persons that the receivership
5485 court considers appropriate.
5486 Section 130. Section 38-2-3.2 is amended to read:
5487 38-2-3.2. Sale of unclaimed personal property.
5488 (1) Any garments, clothing, shoes, wearing apparel or household goods, remaining in
5489 the possession of a person, on which cleaning, pressing, glazing, laundry or washing or repair
5490 work has been done or upon which alterations or repairs have been made or on which materials
5491 or supplies have been used or furnished by said person holding possession thereof, for a period
5492 of 90 days or more after the completion of such services or labors, may be sold by said person
5493 holding possession, to pay the unpaid reasonable or agreed charges therefor and the costs of
5494 notifying the owner or owners as hereinafter provided. However, the person to whom such
5495 charges are payable and owing shall first notify the owner or owners of such property of the
5496 time and place of such sale; and provided further, that property that is to be placed in storage
5497 after any of the services or labors mentioned herein shall not be affected by the provisions of
5498 this Subsection (1).
5499 (2) All garments, clothing, shoes, wearing apparel on which any of these services or
5500 labors mentioned in Subsection (1) have been performed and then placed in storage by
5501 agreement, and remaining in the possession of a person without the reasonable or agreed
5502 charges having been paid for a period of 12 months may be sold to pay such charges and costs
5503 of notifying the owner or owners as hereinafter provided. However, the person to whom the
5504 charges are payable and owing shall first notify the owner or owners of such property of the
5505 time and the place of sale, and provided, further, that persons operating as warehouses or
5506 warehousemen shall not be affected by this Subsection (2).
5507 (3) (a) (i) The mailing of a properly stamped and registered letter, with a return address
5508 marked thereon, addressed to the owner or owners of the property, at their address given at the
5509 time of delivery of the property to such person to render any of the services or labors set out in
5510 this article, or if no address was so given, at their address if otherwise known, stating the time
5511 and place of sale, shall constitute notice as required in this section.
5512 (ii) The notice required in Subsection (3)(a)(i) shall be mailed at least 20 days before
5513 the date of sale.
5514 (iii) The cost of mailing the letter required under Subsection (3)(a)(i) shall be added to
5515 the charges.
5516 (b) (i) If no address was given at the time of delivery of the property, or if the address
5517 of the owner or owners is not otherwise known, such person who has performed the services or
5518 labors as aforesaid shall cause to be published at least once [
5519
5520 Public Notice Website as described in Section 63F-1-701 , a notice of the time and place of sale
5521 and such notice shall be published at least 20 days before the date of sale.
5522 (ii) Such notice constitutes notice as required in this section if notice cannot be mailed
5523 as provided in Subsection (3)(b)(i).
5524 (iii) The costs of one such publication shall be added to the charges.
5525 (4) (a) The person to whom the charges are payable and owing shall from the proceeds
5526 of the sale, deduct the charges due plus the costs of notifying the owner or owners and shall
5527 immediately thereafter mail to the owner or owners thereof at their address, if known, a notice
5528 of the holding of such sale and the amount of the overplus, if any, due the owner or owners. At
5529 any time within 12 months after such notice, such person shall, upon demand by the owner or
5530 owners, pay to the owner or owners such overplus in his hands.
5531 (b) If no such demand is made within such 12-month period, or, if the address of the
5532 owner or owners is unknown and no demand is made by the owner or owners within 12 months
5533 after the date of sale, then such overplus shall become the property of a person who has
5534 performed the services or labors as provided in Subsection (1).
5535 (5) Each person taking advantage of this section must keep posted in a prominent place
5536 in his receiving office or offices at all times two notices which shall read as follows:
5537 "All articles, cleaned, pressed, glazed, laundered, washed, altered, or repaired, and not
5538 called for in 90 days will be sold to pay charges."
5539 "All articles stored by agreement and charges not having been paid for 12 months will
5540 be sold to pay charges."
5541 (6) The rights and benefits provided for in this section shall be and are in addition to
5542 the rights and benefits provided for in Section 38-2-4 .
5543 Section 131. Section 38-8-3 is amended to read:
5544 38-8-3. Enforcement of lien -- Notice requirements -- Sale procedure and effect.
5545 A claim of an owner which has become due against an occupant and which is secured
5546 by the owner's lien may be satisfied as follows:
5547 (1) No enforcement action may be taken by the owner until the occupant has been in
5548 default continuously for a period of 30 days.
5549 (2) After the occupant has been in default continuously for a period of 30 days, the
5550 owner may begin enforcement action if the occupant has been given notice in writing. The
5551 notice shall be delivered in person or sent by certified mail to the last known address of the
5552 occupant, and a copy of the notice shall, at the same time, be sent to the sheriff of the county
5553 where the self-service storage facility is located. Any lienholder with an interest in the property
5554 to be sold or otherwise disposed of, of whom the owner has knowledge either through the
5555 disclosure provision on the rental agreement or through the existence of a validly filed and
5556 perfected UCC-1 financing statement with the Division of Corporations and Commercial Code,
5557 or through other written notification, shall be included in the notice process as set forth in this
5558 section.
5559 (3) This notice shall include:
5560 (a) an itemized statement of the owner's claim showing the sum due at the time of the
5561 notice and the date when the sum became due;
5562 (b) a brief and general description of the personal property subject to the lien, which
5563 description shall be reasonably adequate to permit the person notified to identify the property;
5564 except that any container including, but not limited to, a trunk, valise, or box that is locked,
5565 fastened, sealed, or tied in a manner which deters immediate access to its contents may be
5566 described as such without describing its contents;
5567 (c) a notification of denial of access to the personal property, if such denial is permitted
5568 under the terms of the rental agreement, which notification shall provide the name, street
5569 address, and telephone number of the owner or his designated agent whom the occupant may
5570 contact to respond to the notification;
5571 (d) a demand for payment within a specified time not less than 15 days after delivery of
5572 the notice; and
5573 (e) a conspicuous statement that, unless the claim is paid within the time stated in the
5574 notice, the personal property will be advertised for sale or other disposition and will be sold or
5575 otherwise disposed of at a specified time and place.
5576 (4) Any notice made under this section shall be presumed delivered when it is
5577 deposited with the United States postal service and properly addressed with postage prepaid.
5578 (5) (a) After the expiration of the time given in the notice, an advertisement of the sale
5579 or other disposition shall be published once a week for two consecutive weeks [
5580
5581 Utah Public Notice Website as described in Section 63F-1-701 . The advertisement shall
5582 include:
5583 (i) a brief and general description of the personal property reasonably adequate to
5584 permit its identification as provided for in Subsection (3)(b); the address of the self-service
5585 storage facility and the number, if any, of the space where the personal property is located; and
5586 the name of the occupant and his last known address; and
5587 (ii) the time, place, and manner of the sale or other disposition, which sale or other
5588 disposition shall take place not sooner than 15 days after the first publication.
5589 (b) [
5590
5591 the date of the sale or other disposition in not less than six conspicuous places in the
5592 neighborhood where the self-service storage facility is located.
5593 (6) Any sale or other disposition of the personal property shall conform to the terms of
5594 the notice provided for in this section.
5595 (7) Any sale or other disposition of the personal property shall be held at the
5596 self-service storage facility or at the nearest suitable place to where the personal property is
5597 held or stored.
5598 (8) Before any sale or other disposition of personal property under this section, the
5599 occupant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred
5600 under this section and thereby redeem the personal property; upon receipt of this payment, the
5601 owner shall return the personal property, and thereafter the owner shall have no liability to any
5602 person with respect to that personal property.
5603 (9) A purchaser in good faith of the personal property sold to satisfy a lien as provided
5604 for in this chapter takes the property free of any rights of persons against whom the lien was
5605 valid and free of any rights of a secured creditor, despite noncompliance by the owner with the
5606 requirements of this section.
5607 (10) In the event of a sale under this section, the owner may satisfy his lien for the
5608 proceeds of the sale, subject to the rights of any prior lienholder; the lien rights of the prior
5609 lienholder are automatically transferred to the proceeds of the sale; if the sale is made in good
5610 faith and is conducted in a reasonable manner, the owner shall not be subject to any surcharge
5611 for a deficiency in the amount of a prior secured lien, but shall hold the balance, if any, for
5612 delivery to the occupant, lienholder, or other person in interest; if the occupant, lienholder, or
5613 other person in interest does not claim the balance of the proceeds within one year of the date
5614 of sale, it shall become the property of the Utah state treasurer as unclaimed property with no
5615 further claim against the owner.
5616 (11) If the requirements of this chapter are not satisfied, if the sale of the personal
5617 property is not in conformity with the notice of sale, or if there is a willful violation of this
5618 chapter, nothing in this section affects the rights and liabilities of the owner, occupant, or any
5619 other person.
5620 Section 132. Section 38-13-204 is amended to read:
5621 38-13-204. Selling the aircraft.
5622 (1) A repairman may sell an aircraft subject to a lien under this chapter if:
5623 (a) the repairman receives a judgment in the foreclosure action filed under Section
5624 38-13-202 ;
5625 (b) the repairman gives notice to:
5626 (i) the owner of the aircraft;
5627 (ii) the customer as indicated on the work order for the making, altering, repairing, or
5628 performing of labor; and
5629 (iii) all other persons claiming an interest in or lien on the aircraft:
5630 (A) as disclosed by the records of the Federal Aviation Administration or of
5631 corresponding agencies of any state in which the aircraft appears registered; and
5632 (B) that is known by the repairman;
5633 (c) the notice required by Subsection (1)(b) is sent by certified mail at least 30 days
5634 before the proposed or scheduled date of any sale; and
5635 (d) the notice required by Subsection (1)(b) contains:
5636 (i) a description of the aircraft and its location;
5637 (ii) the name and address of each person described in Subsection (1)(b);
5638 (iii) the name, address, and telephone number of the repairman;
5639 (iv) notice:
5640 (A) that the repairman has a foreclosure judgment against the aircraft for the amount
5641 stated in the judgment;
5642 (B) of the cash sum which, if paid to the repairman would be sufficient to redeem the
5643 aircraft from the lien claimed by the repairman;
5644 (C) that the lien claimed by the repairman is subject to enforcement under this chapter;
5645 and
5646 (D) that the aircraft may be sold to satisfy the lien;
5647 (v) the date, time, and location of any proposed or scheduled sale of the aircraft;
5648 (vi) notice as to whether the sale is private or public; and
5649 (vii) notice that the owner of the aircraft or other person entitled to possession of the
5650 aircraft has a right to recover possession of the aircraft without instituting judicial proceedings
5651 by posting a bond in accordance with Section 38-13-206 .
5652 (2) The repairman shall at least 20 days before the proposed or scheduled date of sale
5653 of the aircraft publish the notice required by this section once [
5654
5655 63F-1-701 if:
5656 (a) the owner of the aircraft is unknown;
5657 (b) the whereabouts of the owner of the aircraft cannot be determined; or
5658 (c) the owner of the aircraft or any person notified under Subsection (1)(b) fails to
5659 acknowledge receipt of the notice.
5660 (3) (a) An aircraft subject to lien enforcement under this chapter may be sold by the
5661 repairman at public or private sale.
5662 (b) Notwithstanding Subsection (3)(a), in the case of a private sale, every aspect of the
5663 sale, including the method, manner, time, place, and terms shall be commercially reasonable.
5664 (4) This section may not be construed to affect an owner's right to redeem the owner's
5665 aircraft from the lien at any time prior to sale by paying the amount claimed by the repairman
5666 for:
5667 (a) work performed;
5668 (b) materials;
5669 (c) interest;
5670 (d) storage fees charged; and
5671 (e) any costs incurred by the repairman for using enforcement procedures under this
5672 chapter, including [
5673 (5) The proceeds of a sale under this section shall be distributed as follows:
5674 (a) amounts owed persons having a security interest or lien on the aircraft shall be paid
5675 in the order that they have priority in accordance with Section 38-13-205 ; and
5676 (b) the amount remaining after the amount described in Subsection (5)(a) is paid shall
5677 be paid to the owner of the aircraft before the sale of the aircraft under this section.
5678 (6) An aircraft against which a lien is filed may not be sold earlier than the later of:
5679 (a) 45 days after the last day on which the repairman makes, alters, repairs, or performs
5680 labor on the aircraft; or
5681 (b) 30 days from the date on which the repairman sends notice of the lien in accordance
5682 with Section 38-12-102 .
5683 Section 133. Section 39-1-15 is amended to read:
5684 39-1-15. Adjutant general -- Disposition of unserviceable property.
5685 All military property of the state, which after proper inspection shall be found
5686 unserviceable, shall, under the direction of the governor, be disposed of by the adjutant general
5687 at public or private sale as he may deem advisable; provided, that where such property shall be
5688 deemed by the inspecting officer to exceed $50 in value, such sale shall be made after ten days'
5689 notice [
5690 Public Notice Website as described in Section 63F-1-701 ; and if such unserviceable property
5691 shall be found by the inspecting officer to be of no actual value, it shall be destroyed under the
5692 direction of the adjutant general.
5693 Section 134. Section 40-6-10 is amended to read:
5694 40-6-10. Procedures -- Adjudicative proceedings -- Emergency orders -- Hearing
5695 examiners.
5696 (1) (a) The Board of Oil, Gas, and Mining and the Division of Oil, Gas, and Mining
5697 shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative
5698 Procedures Act, in their adjudicative proceedings.
5699 (b) The board shall enact rules governing its practice and procedure that are not
5700 inconsistent with Title 63G, Chapter 4, Administrative Procedures Act.
5701 (2) When an emergency requiring immediate action is found by the division director or
5702 any board member to exist, the division director or board member may issue an emergency
5703 order according to the requirements and procedures of Title 63G, Chapter 4, Administrative
5704 Procedures Act.
5705 (3) Any notice required by this chapter, except as otherwise provided, shall be given at
5706 the election of the board either by personal service or by [
5707
5708
5709
5710 63F-1-701 .
5711 (4) (a) Any order made by the board is effective on issuance.
5712 (b) All rules and orders issued by the board shall be:
5713 (i) in writing;
5714 (ii) entered in full in books to be kept by the board for that purpose;
5715 (iii) indexed; and
5716 (iv) public records open for inspection at all times during reasonable office hours.
5717 (c) A copy of any rule, finding of fact, or order, certified by the board or by the division
5718 director, shall be received in evidence in all courts of this state with the same effect as the
5719 original.
5720 (5) The board may act upon its own motion or upon the petition of any interested
5721 person.
5722 (6) (a) The board may appoint a hearing examiner to take evidence and to recommend
5723 findings of fact and conclusions of law to the board.
5724 (b) Any member of the board, division staff, or any other person designated by the
5725 board may serve as a hearing examiner.
5726 (c) The board may enter an order based on the recommendations of the examiner.
5727 Section 135. Section 40-8-8 is amended to read:
5728 40-8-8. Board authority to act -- Entry of order -- Confidential data.
5729 (1) The board may:
5730 (a) file a notice of agency action; or
5731 (b) respond to a request for agency action initiated by an affected person.
5732 (2) (a) The board shall enter its order within 60 days after the hearing.
5733 (b) All orders entered by the board shall be:
5734 (i) entered in books to be kept by the board for that purpose;
5735 (ii) indexed; and
5736 (iii) public records open for inspection at all times during reasonable office hours.
5737 (c) Confidential data disclosed under this chapter shall be protected and not become
5738 public records, except as provided in [
5739 Section 136. Section 40-8-10 is amended to read:
5740 40-8-10. Notice.
5741 Except as otherwise provided in this chapter, any notification required by this chapter
5742 shall be given by the board or division by personal service to individuals directly affected and
5743 by one publication [
5744
5745
5746 Section 137. Section 40-8-13 is amended to read:
5747 40-8-13. Notice of intention required prior to mining operations -- Assurance of
5748 reclamation required in notice of intention -- When contents confidential -- Approval of
5749 notice of intention not required for small mining operations -- Procedure for reviewing
5750 notice of intention.
5751 (1) (a) Before any operator begins mining operations, or continues mining operations
5752 pursuant to Section 40-8-23 , the operator shall file a notice of intention for each individual
5753 mining operation with the division.
5754 (b) The notice of intention referred to in Subsection (1)(a) shall include:
5755 (i) identification of all owners of any interest in a mineral deposit, including any
5756 ownership interest in surface land affected by the notice;
5757 (ii) copies of underground and surface mine maps;
5758 (iii) locations of drill holes;
5759 (iv) accurate area maps of existing and proposed operations; and
5760 (v) information regarding the amount of material extracted, moved, or proposed to be
5761 moved, relating to the mining operation.
5762 (c) The notice of intention for small mining operations shall include a statement that
5763 the operator shall conduct reclamation as required by rules promulgated by the board.
5764 (d) The notice of intention for mining operations, other than small mining operations,
5765 shall include a plan for reclamation of the lands affected as required by rules promulgated by
5766 the board.
5767 (2) The division may require that the operator rehabilitate, close, or mitigate the
5768 impacts of each drill hole, shaft, or tunnel when no longer needed as part of the mining
5769 operation.
5770 (3) Information provided in the notice of intention, and its attachments relating to the
5771 location, size, or nature of the deposit that is marked confidential by the operator shall be
5772 protected as confidential information by the board and the division and is not a matter of public
5773 record unless the board or division obtains a written release from the operator, or until the
5774 mining operation has been terminated as provided in Subsection 40-8-21 (2).
5775 (4) (a) Within 30 days from the receipt of a notice of intention, the division shall
5776 complete its review of the notice and shall make further inquiries, inspections, or examinations
5777 that are necessary to properly evaluate the notice.
5778 (b) The division shall notify the operator of any objections to the notice and shall grant
5779 the operator a reasonable opportunity to take action that may be required to remove the
5780 objections or obtain a ruling relative to the objections from the board.
5781 (5) Except for the form and amount of surety, an approval of a notice of intention for
5782 small mining operations is not required.
5783 (6) The notice of intention for mining operations other than small mining operations,
5784 shall be reviewed as provided in this Subsection (6).
5785 (a) Within 30 days after receipt of a notice of intention or within 30 days following the
5786 last action of the operator or the division on the notice of intention, the division shall make a
5787 tentative decision to approve or disapprove the notice of intention.
5788 (b) The division shall:
5789 (i) mail the information relating to the land affected and the tentative decision to the
5790 operator; and
5791 (ii) publish the information and the decision, in abbreviated form, [
5792
5793
5794 Notice Website as described in Section 63F-1-701 .
5795 (c) The division shall also mail a copy of the abbreviated information and tentative
5796 decision to the zoning authority of the county in which the land affected is situated and to the
5797 owner of record of the land affected.
5798 (d) (i) Any person or agency aggrieved by the tentative decision may file a request for
5799 agency action with the division.
5800 (ii) If no requests for agency action are received by the division within 30 days after the
5801 last date of publication, the tentative decision on the notice of intention is final and the division
5802 shall notify the operator.
5803 (iii) If written objections of substance are received, the division shall hold a formal
5804 adjudicative proceeding.
5805 (e) This Subsection (6) does not apply to exploration.
5806 (7) Within 30 days after receipt of a notice of intention concerning exploration
5807 operations other than small mining operations, the division will review the notice of intention
5808 and approve or disapprove it.
5809 Section 138. Section 40-10-13 is amended to read:
5810 40-10-13. Advertisement of ownership, location, and boundaries -- Notice to
5811 interested agencies or bodies -- Objections -- Conference.
5812 (1) At the time of submission of an application for a surface coal mining and
5813 reclamation permit, or revision of an existing permit pursuant to the provisions of this chapter,
5814 the applicant shall submit to the division a copy of the applicant's advertisement of the
5815 ownership, precise location, and boundaries of the land to be affected. At the time of
5816 submission the advertisement shall be placed by the applicant [
5817
5818 described in Section 63F-1-701 at least once a week for four consecutive weeks. The division
5819 shall notify various local governmental bodies, planning agencies, and sewage and water
5820 treatment authorities of water companies in the locality in which the proposed surface mining
5821 will take place, notifying them of the operator's intention to surface mine a particularly
5822 described tract of land and indicating the application's permit number and where a copy of the
5823 proposed mining and reclamation plan may be inspected. These local bodies, agencies,
5824 authorities, or companies may submit written comments within a reasonable period established
5825 by the division on the mining applications with respect to the effects of the proposed operation
5826 on the environment which are within their area of responsibility. These comments shall
5827 immediately be transmitted to the applicant by the division and shall be made available to the
5828 public at the same locations as are the mining applications.
5829 (2) (a) Any person having an interest which is or may be adversely affected or the
5830 officer or head of any federal, state, or local governmental agency or authority shall have the
5831 right to file written objections to the proposed initial or revised application for a permit for
5832 surface coal mining and reclamation operations with the division within 30 days after the last
5833 publication of the notice. These objections shall immediately be transmitted to the applicant by
5834 the division and shall be made available to the public.
5835 (b) If written objections are filed and a conference requested, the division shall then
5836 hold a conference within a reasonable time of the receipt of the objections or request. The
5837 conference shall be informal and shall be conducted in accordance with the procedures
5838 described in this Subsection (2)(b), irrespective of the requirements of Section 63G-4-203 ,
5839 Administrative Procedures Act. The conference shall be held in the locality of the coal mining
5840 and reclamation operation if requested within a reasonable time after written objections or the
5841 request for an informal conference are received by the division. The date, time, and location of
5842 the conference shall be advertised by the division in a newspaper of general circulation in the
5843 locality at least two weeks prior to the scheduled conference date. The division may arrange
5844 with the applicant upon request by any party to the administrative proceeding access to the
5845 proposed mining area for the purpose of gathering information relevant to the proceeding. An
5846 electronic or stenographic record shall be made of the conference proceeding unless waived by
5847 all parties. This record shall be maintained and shall be accessible to the parties until final
5848 release of the applicant's performance bond. In the event all parties requesting the conference
5849 stipulate agreement prior to the requested conference and withdraw their request, the
5850 conference need not be held.
5851 Section 139. Section 40-10-17 (Subsect (2)(t)(ii) Repeal 09/30/09) is amended to
5852 read:
5853 40-10-17 (Subsect (2)(t)(ii) Repeal 09/30/09). Performance standards for all coal
5854 mining and reclamation operations -- Additional standards for steep-slope surface coal
5855 mining -- Variances.
5856 (1) Any permit issued pursuant to this chapter to conduct surface coal mining shall
5857 require that the surface coal mining operations will meet all applicable performance standards
5858 of this chapter, and such other requirements as the division shall promulgate.
5859 (2) General performance standards shall be applicable to all surface coal mining and
5860 reclamation operations and shall require the operations as a minimum to:
5861 (a) Conduct surface coal mining operations so as to maximize the utilization and
5862 conservation of the solid fuel resource being recovered so that reaffecting the land in the future
5863 through surface coal mining can be minimized.
5864 (b) Restore the land affected to a condition capable of supporting the uses which it was
5865 capable of supporting prior to any mining, or higher or better uses of which there is reasonable
5866 likelihood, so long as the use or uses does not present any actual or probable hazard to public
5867 health or safety or pose any actual or probable threat of water diminution or pollution, and the
5868 permit applicant's declared proposed land use following reclamation is not deemed to be
5869 impractical or unreasonable, inconsistent with applicable land use policies and plans, involves
5870 unreasonable delay in implementation, or is violative of federal, state, or local law.
5871 (c) Except as provided in Subsection (3) with respect to all surface coal mining
5872 operations backfill, compact (where advisable to insure stability or to prevent leaching of toxic
5873 materials) and grade in order to restore the approximate original contour of the land with
5874 highwalls, spoil piles, and depressions eliminated (unless small depressions are needed in order
5875 to retain moisture to assist revegetation or as otherwise authorized pursuant to this chapter); but
5876 in surface coal mining which is carried out at the same location over a substantial period of
5877 time where the operation transects the coal deposit and the thickness of the coal deposits
5878 relative to the volume of the overburden is large and where the operator demonstrates that the
5879 overburden and other spoil and waste materials at a particular point in the permit area or
5880 otherwise available from the entire permit area is insufficient, giving due consideration to
5881 volumetric expansion, to restore the approximate original contour, the operator, at a minimum,
5882 shall backfill, grade, and compact (where advisable) using all available overburden and other
5883 spoil and waste materials to attain the lowest practicable grade but not more than the angle of
5884 repose, to provide adequate drainage and to cover all acid-forming and other toxic materials, in
5885 order to achieve an ecologically sound land use compatible with the surrounding region. In
5886 surface coal mining where the volume of overburden is large relative to the thickness of the
5887 coal deposit and where the operator demonstrates that due to volumetric expansion the amount
5888 of overburden and other spoil and waste materials removed in the course of the mining
5889 operation is more than sufficient to restore the approximate original contour, the operator shall,
5890 after restoring the approximate contour, backfill, grade, and compact (where advisable) the
5891 excess overburden and other spoil and waste materials to attain the lowest grade but more than
5892 the angle of repose, and to cover all acid-forming and other toxic materials, in order to achieve
5893 an ecologically sound land use compatible with the surrounding region and that the overburden
5894 or spoil shall be shaped and graded in such a way as to prevent slides, erosion, and water
5895 pollution and is revegetated in accordance with the requirements of this chapter.
5896 (d) Stabilize and protect all surface areas, including spoil piles affected by the surface
5897 coal mining and reclamation operation to effectively control erosion and attendant air and
5898 water pollution.
5899 (e) Remove the topsoil from the land in a separate layer, replace it on the backfill area,
5900 or if not utilized immediately, segregate it in a separate pile from other spoil, and when the
5901 topsoil is not replaced on a backfill area within a time short enough to avoid deterioration of
5902 the topsoil, maintain a successful cover by quick growing plant or other means thereafter so
5903 that the topsoil is preserved from wind and water erosion, remains free of any contamination by
5904 other acid or toxic material, and is in a usable condition for sustaining vegetation when restored
5905 during reclamation; except if topsoil is of insufficient quantity or of poor quality for sustaining
5906 vegetation, or if other strata can be shown to be more suitable for vegetation requirements, then
5907 the operator shall remove, segregate, and preserve in a like manner the other strata which is
5908 best able to support vegetation.
5909 (f) Restore the topsoil or the best available subsoil which is best able to support
5910 vegetation.
5911 (g) For all prime farmlands, as identified in the rules, to be mined and reclaimed,
5912 specifications for soil removal, storage, replacement, and reconstruction, the operator shall, as a
5913 minimum, be required to:
5914 (i) segregate the A horizon of the natural soil, except where it can be shown that other
5915 available soil materials will create a final soil having a greater productive capacity, and if not
5916 utilized immediately, stockpile this material separately from other spoil, and provide needed
5917 protection from wind and water erosion or contamination by other acid or toxic material;
5918 (ii) segregate the B horizon of the natural soil, or underlying C horizons or other strata,
5919 or a combination of these horizons or other strata that are shown to be both texturally and
5920 chemically suitable for plant growth and that can be shown to be equally or more favorable for
5921 plant growth than the B horizon, in sufficient quantities to create in the regraded final soil a
5922 root zone of comparable depth and quality to that which existed in the natural soil, and if not
5923 utilized immediately, stockpile this material separately from other spoil, and provide needed
5924 protection from wind and water erosion or contamination by other acid or toxic material;
5925 (iii) replace and regrade the root zone material described in Subsection (2)(g)(ii) above
5926 with proper compaction and uniform depth over the regraded spoil material; and
5927 (iv) redistribute and grade in a uniform manner the surface soil horizon described in
5928 Subsection (2)(g)(i).
5929 (h) Create, if authorized in the approved mining and reclamation plan and permit,
5930 permanent impoundments of water on mining sites as part of reclamation activities only when
5931 it is adequately demonstrated that:
5932 (i) the size of the impoundment is adequate for its intended purposes;
5933 (ii) the impoundment dam construction will be so designed as to achieve necessary
5934 stability with an adequate margin of safety compatible with that of structures constructed under
5935 Public Law 83-566 (16 U.S.C. 1006);
5936 (iii) the quality of impounded water will be suitable on a permanent basis for its
5937 intended use and that discharges from the impoundment will not degrade the water quality
5938 below water quality standards established pursuant to applicable federal and state law in the
5939 receiving stream;
5940 (iv) the level of water will be reasonably stable;
5941 (v) final grading will provide adequate safety and access for proposed water users; and
5942 (vi) these water impoundments will not result in the diminution of the quality or
5943 quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial,
5944 recreational, or domestic uses.
5945 (i) Conducting any augering operation associated with surface mining in a manner to
5946 maximize recoverability of mineral reserves remaining after the operation and reclamation are
5947 complete and seal all auger holes with an impervious and noncombustible material in order to
5948 prevent drainage except where the division determines that the resulting impoundment of water
5949 in the auger holes may create a hazard to the environment or the public health or safety; but the
5950 permitting authority may prohibit augering if necessary to maximize the utilization,
5951 recoverability, or conservation of the solid fuel resources or to protect against adverse water
5952 quality impacts.
5953 (j) Minimize the disturbances to the prevailing hydrologic balance at the mine site and
5954 in associated offsite areas and to the quality and quantity of water in surface and groundwater
5955 systems both during and after surface coal mining operations and during reclamation by:
5956 (i) avoiding acid or other toxic mine drainage by such measures as, but not limited to:
5957 (A) preventing or removing water from contact with toxic-producing deposits;
5958 (B) treating drainage to reduce toxic content which adversely affects downstream water
5959 upon being released to water courses; and
5960 (C) casing, sealing, or otherwise managing boreholes, shafts, and wells and keep acid
5961 or other toxic drainage from entering ground and surface waters;
5962 (ii) (A) conducting surface coal mining operations so as to prevent, to the extent
5963 possible using the best technology currently available, additional contributions of suspended
5964 solids to streamflow or runoff outside the permit area, but in no event shall contributions be in
5965 excess of requirements set by applicable state or federal law; and
5966 (B) constructing any siltation structures pursuant to this Subsection (2)(j)(ii) prior to
5967 commencement of surface coal mining operations, such structures to be certified by a qualified
5968 registered engineer to be constructed as designed and as approved in the reclamation plan;
5969 (iii) cleaning out and removing temporary or large settling ponds or other siltation
5970 structures from drainways after disturbed areas are revegetated and stabilized and depositing
5971 the silt and debris at a site and in a manner approved by the division;
5972 (iv) restoring recharge capacity of the mined area to approximate premining conditions;
5973 (v) avoiding channel deepening or enlargement in operations requiring the discharge of
5974 water from mines;
5975 (vi) preserving throughout the mining and reclamation process the essential hydrologic
5976 functions of alluvial valley floors in the arid and semiarid areas of the state; and
5977 (vii) such other actions as the division may prescribe.
5978 (k) With respect to surface disposal of mine wastes, tailings, coal processing wastes,
5979 and other waste in areas other than the mine working or excavations, stabilize all waste piles in
5980 designated areas through construction in compacted layers, including the use of incombustible
5981 and impervious materials, if necessary, and assure the final contour of the waste pile will be
5982 compatible with natural surroundings and that the site can and will be stabilized and
5983 revegetated according to the provisions of this chapter.
5984 (l) Refrain from surface coal mining within 500 feet from active and abandoned
5985 underground mines in order to prevent breakthroughs and to protect health or safety of miners;
5986 but the division shall permit an operator to mine near, through, or partially through an
5987 abandoned underground mine or closer to an active underground mine if:
5988 (i) the nature, timing, and sequencing of the approximate coincidence of specific
5989 surface mine activities with specific underground mine activities are jointly approved by the
5990 departments, divisions, and agencies concerned with surface mine reclamation and the health
5991 and safety of underground miners; and
5992 (ii) the operations will result in improved resource recovery, abatement of water
5993 pollution, or elimination of hazards to the health and safety of the public.
5994 (m) Design, locate, construct, operate, maintain, enlarge, modify, and remove or
5995 abandon, in accordance with the standards and criteria developed pursuant to the division's
5996 rules, all existing and new coal mine waste piles consisting of mine wastes, tailings, coal
5997 processing wastes, or other liquid and solid wastes, and used either temporarily or permanently
5998 as dams or embankments.
5999 (n) Insure that all debris, acid-forming materials, toxic materials, or materials
6000 constituting a fire hazard are treated or buried and compacted or otherwise disposed of in a
6001 manner designed to prevent contamination of ground or surface waters and that contingency
6002 plans are developed to prevent sustained combustion.
6003 (o) Insure that explosives are used only in accordance with existing state and federal
6004 law and the rules adopted by the board, which shall include provisions to:
6005 (i) provide adequate advance written notice to local governments and residents who
6006 might be affected by the use of the explosives by publication of the planned blasting schedule
6007 [
6008 described in Section 63F-1-701 and by mailing a copy of the proposed blasting schedule to
6009 every resident living within 1/2 mile of the proposed blasting site and by providing daily notice
6010 to resident/occupiers in these areas prior to any blasting;
6011 (ii) maintain for a period of at least three years and make available for public
6012 inspection upon request a log detailing the location of the blasts, the pattern and depth of the
6013 drill holes, the amount of explosives used per hole, and the order and length of delay in the
6014 blasts;
6015 (iii) limit the type of explosives and detonating equipment, the size, the timing and
6016 frequency of blasts based upon the physical conditions of the site so as to prevent injury to
6017 persons, damage to public and private property outside the permit area, adverse impacts on any
6018 underground mine, and change in the course, channel, or availability of ground or surface water
6019 outside the permit area;
6020 (iv) require that all blasting operations be conducted by trained and competent persons,
6021 and to implement this requirement, the division shall promulgate rules requiring the training,
6022 examination, and certification of persons engaging in or directly responsible for blasting or the
6023 use of explosives in surface and coal mining operations; and
6024 (v) provide that upon the request of a resident or owner of a man-made dwelling or
6025 structure within 1/2 mile of any portion of the permitted area, the applicant or permittee shall
6026 conduct a preblasting survey of the structures and submit the survey to the division and a copy
6027 to the resident or owner making the request, the area of which survey shall be decided by the
6028 division and shall include such provisions as promulgated.
6029 (p) Insure that all reclamation efforts proceed in an environmentally sound manner and
6030 as contemporaneously as practicable with the surface coal mining operations; but where the
6031 applicant proposes to combine surface mining operations with underground mining operations
6032 to assure maximum practical recovery of the mineral resources, the division may grant a
6033 variance for specific areas within the reclamation plan from the requirement that reclamation
6034 efforts proceed as contemporaneously as practicable to permit underground operations prior to
6035 reclamation:
6036 (i) if the division finds in writing that:
6037 (A) the applicant has presented, as part of the permit application, specific, feasible
6038 plans for the proposed underground mining operations;
6039 (B) the proposed underground mining operations are necessary or desirable to assure
6040 maximum practical recovery of the mineral resource and will avoid multiple disturbance of the
6041 surface;
6042 (C) the applicant has satisfactorily demonstrated that the plan for the underground
6043 mining operations conforms to requirements for underground mining in the jurisdiction and
6044 that permits necessary for the underground mining operations have been issued by the
6045 appropriate authority;
6046 (D) the areas proposed for the variance have been shown by the applicant to be
6047 necessary for the implementing of the proposed underground mining operations;
6048 (E) no substantial adverse environmental damage, either onsite or offsite, will result
6049 from the delay in completion of reclamation as required by this chapter; and
6050 (F) provisions for the offsite storage of spoil will comply with Subsection (2)(v);
6051 (ii) if the board has adopted specific rules to govern the granting of the variances in
6052 accordance with the provisions of this Subsection (2)(p) and has imposed such additional
6053 requirements as considered necessary;
6054 (iii) if variances granted under this Subsection (2)(p) are to be reviewed by the division
6055 not more than three years from the date of issuance of the permit; and
6056 (iv) if liability under the bond filed by the applicant with the division pursuant to
6057 Section 40-10-15 shall be for the duration of the underground mining operations and until the
6058 requirements of this Subsection (2) and Section 40-10-16 have been fully complied with.
6059 (q) Insure that the construction, maintenance, and postmining conditions of access
6060 roads into and across the site of operations will control or prevent erosion and siltation,
6061 pollution of water, damage to fish or wildlife or their habitat, or public or private property.
6062 (r) Refrain from the construction of roads or other access ways up a stream bed or
6063 drainage channel or in such proximity to the channel so as to seriously alter the normal flow of
6064 water.
6065 (s) Establish on the regraded areas and all other lands affected, a diverse, effective, and
6066 permanent vegetative cover of the same seasonal variety native to the area of land to be
6067 affected and capable of self-regeneration and plant succession at least equal in extent of cover
6068 to the natural vegetation of the area; except that introduced species may be used in the
6069 revegetation process where desirable and necessary to achieve the approved postmining land
6070 use plan.
6071 (t) (i) Assume the responsibility for successful revegetation, as required by Subsection
6072 (2)(s), for a period of five full years after the last year of augmented seeding, fertilizing,
6073 irrigation, or other work in order to assure compliance with Subsection (2)(s), except in those
6074 areas or regions of the state where the annual average precipitation is 26 inches or less, then the
6075 operator's assumption of responsibility and liability will extend for a period of ten full years
6076 after the last year of augmented seeding, fertilizing, irrigation, or other work; but when the
6077 division approves a long-term intensive agricultural postmining land use, the applicable five or
6078 ten-year period of responsibility for revegetation shall commence at the date of initial planting
6079 for this long-term intensive, agricultural postmining land use, except when the division issues a
6080 written finding approving a long-term, intensive, agricultural postmining land use, as part of
6081 the mining and reclamation plan, the division may grant exception to the provisions of
6082 Subsection (2)(s); and
6083 (ii) on lands eligible for remining, assume the responsibility for successful revegetation
6084 for a period of two full years after the last year of augmented seeding, fertilizing, irrigation, or
6085 other work in order to assure compliance with the applicable standards, except in areas of the
6086 state where the average annual precipitation is 26 inches or less, assume the responsibility for
6087 successful revegetation for a period of five full years after the last year of augmented seeding,
6088 fertilizing, irrigation, or other work in order to assure compliance with the applicable standards.
6089 (u) Protect offsite areas from slides or damage occurring during the surface coal mining
6090 and reclamation operations and not deposit spoil material or locate any part of the operations or
6091 waste accumulations outside the permit area.
6092 (v) Place all excess spoil material resulting from coal surface mining and reclamation
6093 activities in a manner that:
6094 (i) spoil is transported and placed in a controlled manner in position for concurrent
6095 compaction and in a way to assure mass stability and to prevent mass movement;
6096 (ii) the areas of disposal are within the bonded permit areas and all organic matter shall
6097 be removed immediately prior to spoil placement;
6098 (iii) appropriate surface and internal drainage systems and diversion ditches are used so
6099 as to prevent spoil erosion and movement;
6100 (iv) the disposal area does not contain springs, natural water courses, or wet weather
6101 seeps unless lateral drains are constructed from the wet areas to the main underdrains in a
6102 manner that filtration of the water into the spoil pile will be prevented;
6103 (v) if placed on a slope, the spoil is placed upon the most moderate slope among those
6104 upon which, in the judgment of the division, the spoil could be placed in compliance with all
6105 the requirements of this chapter and shall be placed, where possible, upon or above a natural
6106 terrace, bench, or berm, if this placement provides additional stability and prevents mass
6107 movement;
6108 (vi) where the toe of the spoil rests on a downslope, a rock toe buttress of sufficient
6109 size to prevent mass movement, is constructed;
6110 (vii) the final configuration is compatible with the natural drainage pattern and
6111 surroundings and suitable for intended uses;
6112 (viii) design of the spoil disposal area is certified by a qualified professional engineer,
6113 and to implement this requirement, the division shall promulgate rules regarding the
6114 certification of engineers in the area of spoil disposal design; and
6115 (ix) all other provisions of this chapter are met.
6116 (w) Meet such other criteria as are necessary to achieve reclamation in accordance with
6117 the purposes of this chapter, taking into consideration the physical, climatological, and other
6118 characteristics of the site.
6119 (x) To the extent possible, using the best technology currently available, minimize
6120 disturbances and adverse impacts of the operation on fish, wildlife, and related environmental
6121 values, and achieve enhancement of these resources where practicable.
6122 (y) Provide for an undisturbed natural barrier beginning at the elevation of the lowest
6123 coal seam to be mined and extending from the outslope for the distance as the division shall
6124 determine shall be retained in place as a barrier to slides and erosion.
6125 (3) (a) Where an applicant meets the requirements of Subsections (3)(b) and (c), a
6126 permit without regard to the requirement to restore to approximate original contour provided in
6127 Subsections (2)(c), (4)(b), and (4)(c) may be granted for the surface mining of coal where the
6128 mining operation will remove an entire coal seam or seams running through the upper fraction
6129 of a mountain, ridge, or hill (except as provided in this Subsection (3)) by removing all of the
6130 overburden and creating a level plateau or a gently rolling contour with no highwalls
6131 remaining, and capable of supporting postmining uses in accord with the requirements of this
6132 Subsection (3).
6133 (b) In cases where an industrial, commercial, agricultural, residential, or public facility
6134 (including recreational facilities) use is proposed for the postmining use of the affected land,
6135 the division may grant a permit for a surface mining operation of the nature described in
6136 Subsection (3)(a) pursuant to procedures and criteria set forth in the rules, including:
6137 (i) the applicant's presentation of specific plans for the proposed postmining land use
6138 which meet criteria concerning the type of use proposed;
6139 (ii) the applicant's demonstration that the proposed use would be consistent with
6140 adjacent land uses and existing state and local land use plans and programs and with other
6141 requirements of this chapter; and
6142 (iii) procedures whereby the division provides the governing body of the unit of
6143 general-purpose government in which the land is located and any state or federal agency which
6144 the division, in its discretion, determines to have an interest in the proposed use, an opportunity
6145 of not more than 60 days to review and comment on the proposed use.
6146 (c) All permits granted under the provisions of this Subsection (3) shall be reviewed
6147 not more than three years from the date of issuance of the permit, unless the applicant
6148 affirmatively demonstrates that the proposed development is proceeding in accordance with the
6149 terms of the approved schedule and reclamation plan.
6150 (4) The following performance standards shall be applicable to steep-slope surface coal
6151 mining and shall be in addition to those general performance standards required by this section;
6152 but the provisions of this Subsection (4) shall not apply to those situations in which an operator
6153 is mining on flat or gently rolling terrain, on which an occasional steep slope is encountered
6154 through which the mining operation is to proceed, leaving a plain or predominantly flat area or
6155 where an operator is in compliance with provisions of Subsection (3):
6156 (a) Insure that when performing surface coal mining on steep slopes, no debris,
6157 abandoned or disabled equipment, spoil material, or waste mineral matter be placed on the
6158 downslope below the bench or mining cut; but spoil material in excess of that required for the
6159 reconstruction of the approximate original contour under the provisions of Subsection (2)(c) or
6160 this Subsection (4) shall be permanently stored pursuant to Subsection 40-10-17 (2)(v).
6161 (b) Complete backfilling with spoil material shall be required to cover completely the
6162 highwall and return the site to the appropriate original contour, which material will maintain
6163 stability following mining and reclamation.
6164 (c) The operator may not disturb land above the top of the highwall unless the division
6165 finds that the disturbance will facilitate compliance with the environmental protection
6166 standards of this section; but the land disturbed above the highwall shall be limited to that
6167 amount necessary to facilitate this compliance.
6168 (d) For the purposes of this Subsection (4), "steep slope" means any slope above 20
6169 degrees or such lesser slope as may be defined by the division after consideration of soil,
6170 climate, and other characteristics of an area.
6171 (5) The board shall promulgate specific rules to govern the granting of variances from
6172 the requirement to restore to approximate original contour provided in Subsection (4)(b)
6173 pursuant to procedures and criteria set forth in those rules including:
6174 (a) written request by the surface owner concerning the proposed use;
6175 (b) approval of the proposed use as an equal or better economic or public use; and
6176 (c) approval of the proposed use as improving the watershed control in the area and as
6177 using only such amount of spoil as is necessary to achieve the planned postmining land use.
6178 (6) Subsection (2)(t)(ii) is repealed September 30, 2009.
6179 Section 140. Section 40-10-27 is amended to read:
6180 40-10-27. Entry upon land adversely affected by past coal mining practices --
6181 Conducting of studies or exploratory work -- State acquisition of land -- Lien -- Waste
6182 disposal fund -- Water pollution control and treatment plants.
6183 (1) (a) If the board, after notice and hearing, makes a finding of fact as provided in
6184 Subsection (1)(b), the agents, employees, or contractors of the division shall have the right to
6185 enter property adversely affected by past coal mining practices and any other property to have
6186 access to property adversely affected by past coal mining practices to do whatever is necessary
6187 or expedient to restore, reclaim, abate, control, or prevent the adverse effects.
6188 (b) The board shall find that:
6189 (i) land or water resources have been adversely affected by past coal mining practices;
6190 (ii) the adverse effects are at a stage where, in the public interest, action to restore,
6191 reclaim, abate, control, or prevent should be taken; and
6192 (iii) the owners of the land or water resources where entry must be made to restore,
6193 reclaim, abate, control, or prevent the adverse effects of past coal mining practices:
6194 (A) are not known;
6195 (B) are not readily available; or
6196 (C) will not give permission for the state or its political subdivisions, their agents,
6197 employees, or contractors to enter upon the property to restore, reclaim, abate, control, or
6198 prevent the adverse effects of past coal mining practices.
6199 (c) Notice of the division's right to enter the property shall be:
6200 (i) given by mail, if the owners are known; and
6201 (ii) posted upon the premises and advertised [
6202
6203 in Section 63F-1-701 , if the owners are not known.
6204 (d) This entry shall be construed as an exercise of the police power for the protection of
6205 public health, safety, and general welfare and may not be construed as an act of condemnation
6206 of property nor of trespass on it.
6207 (e) The monies expended for this work and the benefits accruing to the premises
6208 entered upon shall be chargeable against the land and shall mitigate or offset any claim in or
6209 any action brought by any owner of any interest in these premises for any alleged damages by
6210 virtue of the entry.
6211 (f) This Subsection (1) is not intended to create new rights of action or eliminate
6212 existing immunities.
6213 (2) (a) The agents, employees, or contractors of the division may enter upon any
6214 property for the purpose of conducting studies or exploratory work to determine the existence
6215 of adverse effects of past coal mining practices and to determine the feasibility of restoration,
6216 reclamation, abatement, control, or prevention of these adverse effects.
6217 (b) This entry shall be construed as an exercise of the police power for the protection of
6218 public health, safety, and general welfare and may not be construed as an act of condemnation
6219 of property or trespass on it.
6220 (3) The state may acquire any land by purchase, donation, or condemnation which is
6221 adversely affected by past coal mining practices if the board, after notice and hearing,
6222 determines that acquisition of this land is necessary to successful reclamation and that:
6223 (a) the acquired land, after restoration, reclamation, abatement, control, or prevention
6224 of the adverse effects of past coal mining practices, will serve recreation and historic purposes,
6225 conservation and reclamation purposes, or provide open space benefits; and
6226 (b) (i) permanent facilities such as a treatment plant or a relocated stream channel will
6227 be constructed on the land for the restoration, reclamation, abatement, control, or prevention of
6228 the adverse effects of past coal mining practices; or
6229 (ii) acquisitions of coal refuse disposal sites and all coal refuse on the sites will serve
6230 the purposes of this chapter or that public ownership is desirable to meet emergency situations
6231 and prevent recurrences of the adverse effects of past coal mining practices.
6232 (4) (a) Title to all lands acquired under this section shall be in the name of the state.
6233 (b) The price paid for land acquired under this section shall reflect the market value of
6234 the land as adversely affected by past coal mining practices.
6235 (5) (a) If land acquired under this section is considered suitable for industrial,
6236 commercial, residential, or recreational development, the division, in conjunction with the
6237 Division of Forestry, Fire and State Lands, may sell this land by public sale under a system of
6238 competitive bidding, at not less than fair market value, and under any other rules promulgated
6239 to insure that the land is put to proper use consistent with local and state land use plans.
6240 (b) (i) The state, when requested after appropriate public notice, shall hold a public
6241 hearing with the appropriate notice, in the counties or appropriate political subdivisions of the
6242 state in which lands acquired under this section are located.
6243 (ii) The hearing shall be held at a time which shall afford local citizens and
6244 governments the maximum opportunity to participate in the decision concerning the use or
6245 disposition of the lands after restoration, reclamation, abatement, control, or prevention of the
6246 adverse effects of past coal mining practices.
6247 (6) (a) The state, through the division and the Division of Forestry, Fire and State
6248 Lands, shall have the authority to accept lands acquired and reclaimed by the Secretary of the
6249 Interior pursuant to Section 407(h) of Public Law 95-87.
6250 (b) The division has the authority to accept grants from the Secretary to carry out the
6251 purposes of Section 407(h) of Public Law 95-87.
6252 (7) (a) Within six months after the completion of projects to restore, reclaim, abate,
6253 control, or prevent adverse effects of past coal mining practices on privately owned land, the
6254 division shall itemize the monies expended and may file a statement of those expenses in the
6255 office of the county recorder of the county in which the land lies, together with a notarized
6256 appraisal by an independent appraiser of the value of the land before the restoration,
6257 reclamation, abatement, control, or prevention of adverse effects of past coal mining practices
6258 if the monies expended result in a significant increase in property value.
6259 (b) This statement shall constitute a lien upon the land described in it.
6260 (c) The lien may not exceed the amount determined by the appraisal to be the increase
6261 in the market value of the land as a result of the restoration, reclamation, abatement, control, or
6262 prevention of the adverse effects of past coal mining practices.
6263 (d) A lien may not be filed against the property of any person, in accordance with this
6264 subsection who owned the surface prior to May 2, 1977, and who neither consented to nor
6265 participated in nor exercised control over the mining operation which necessitated the
6266 reclamation performed.
6267 (8) (a) The landowner may proceed to petition within 60 days after the filing of the lien
6268 to determine the increase in the market value of the land as a result of the restoration,
6269 reclamation, abatement, control, or prevention of the adverse effects of past coal mining
6270 practices.
6271 (b) The amount reported to be the increase in value of the premises shall constitute the
6272 amount of the lien and shall be recorded with the statement provided for in Subsection (7).
6273 (c) Any party aggrieved by the decision may appeal as provided by law.
6274 (9) (a) The lien provided in this section shall be recorded in the office of the county
6275 recorder of the county in which the land lies.
6276 (b) The statement shall constitute a lien upon the land as of the date of the expenditure
6277 of the monies and shall have priority as a lien second only to the lien of real estate taxes
6278 imposed upon the land.
6279 (10) (a) The division may fill any voids, seal any abandoned tunnels, shafts, and
6280 entryways, and reclaim surface impacts of underground or surface mines which the division
6281 determines could endanger life and property, constitute a hazard to the public health and safety,
6282 or degrade the environment.
6283 (b) The division may make expenditures and carry out the purposes of this section
6284 without regard to the provisions of Subsections 40-10-25 (2) and (3) only after all reclamation
6285 with respect to abandoned coal lands or coal development impacts have been met, except for
6286 those reclamation projects relating to the protection of the public health or safety.
6287 (c) In those instances where mine waste piles are being reworked for conservation
6288 purposes, the incremental costs of disposing of the wastes from these operations by filling
6289 voids and sealing tunnels may be eligible for funding if the disposal of these wastes meets the
6290 purposes of this section.
6291 (d) The division may acquire by purchase, donation, easement, or otherwise those
6292 interests in land it determines necessary to carry out the provisions of this section.
6293 (11) (a) The division may request the attorney general, who is hereby authorized to
6294 initiate, in addition to any other remedies provided for in this chapter, in any court of
6295 competent jurisdiction, an action in equity for an injunction to restrain any interference with the
6296 exercise of the right to enter or to conduct any work provided in this section.
6297 (b) (i) The division, in conjunction with appropriate state agencies as determined in the
6298 rules, may construct and operate plants for the control and treatment of water pollution
6299 resulting from mine drainage.
6300 (ii) The extent of this control and treatment of water pollution may be dependent upon
6301 the ultimate use of the water.
6302 (iii) This Subsection (11) may not be construed to repeal or supersede any portion of
6303 the federal Water Pollution Control Act, 33 U.S.C. Sec. 1151 et seq., and no control or
6304 treatment under this subsection shall in any way be less than that required under the federal
6305 Water Pollution Control Act.
6306 (iv) The construction of a plant may include major interceptors and other facilities
6307 appurtenant to the plant.
6308 (c) The division may transfer funds to other appropriate state agencies, in order to carry
6309 out the reclamation activities authorized by this chapter.
6310 Section 141. Section 41-1a-1103 is amended to read:
6311 41-1a-1103. Sale.
6312 (1) If the owner or lienholder of a seized vehicle, vessel, or outboard motor does not
6313 recover the vehicle, vessel, or outboard motor within 30 days from the date of seizure, or if the
6314 division is unable to determine the owner or lienholder through reasonable efforts, the division
6315 shall sell the vehicle, vessel, or outboard motor.
6316 (2) The sale shall:
6317 (a) be held in the form of a public auction at the place of storage; and
6318 (b) at the discretion of the division, be conducted by:
6319 (i) an authorized representative of the division; or
6320 (ii) a public garage, impound lot, or impound yard that:
6321 (A) is authorized by the division;
6322 (B) meets the standards under Subsection 41-1a-1101 (4); and
6323 (C) complies with the requirements of Section 72-9-603 .
6324 (3) At least five days prior to the date set for sale, the division shall publish a notice of
6325 sale [
6326 described in Section 63F-1-701 setting forth the date, time, and place of sale and a description
6327 of the vehicle, vessel, or outboard motor to be sold.
6328 (4) At the time of sale the division or other person authorized to conduct the sale shall
6329 tender to the highest bidder a certificate of sale conveying all rights, title, and interest in the
6330 vehicle, vessel, or outboard motor.
6331 (5) The proceeds from the sale of a vehicle, vessel, or outboard motor under this
6332 section shall be distributed as provided under Section 41-1a-1104 .
6333 (6) If the owner or lienholder of a vehicle, vessel, or outboard motor seized under
6334 Section 41-1a-1101 and subsequently released by the division fails to take possession of the
6335 vehicle, vessel, or outboard motor and satisfy the amount due to the place of storage within 30
6336 days from the date of release, the division shall renotify the owner or lienholder and sell the
6337 vehicle, vessel, or outboard motor, in accordance with this section, 30 days from the date of
6338 the notice.
6339 Section 142. Section 47-2-4 is amended to read:
6340 47-2-4. Elimination by the county executive -- Notice of intention.
6341 The county executive may provide for the elimination of abandoned horses in the
6342 respective counties in the following manner:
6343 They shall cause notice to be published at least once a week for three successive weeks
6344 [
6345 Website as described in Section 63F-1-701 , and the notice shall also be posted in at least five
6346 public places outside of the county seat on public highways in such county, and in three public
6347 places at the county seat, one of which shall be at the front door of the courthouse. The notices
6348 posted outside of the county seat shall be posted not less than two miles apart, and all posted
6349 notices shall be posted at least 30 days before the date which the county executive shall fix for
6350 the beginning of the elimination of abandoned horses from the range in such county as
6351 hereinafter provided. [
6352
6353 The notice shall be substantially in the following form:
6354 Notice is hereby given that in accordance with the provisions of law the county
6355 executive of ____ County, Utah, will proceed to eliminate abandoned horses from the open
6356 range in said county, and that beginning on __________(month\day\year), a drive will be held,
6357 and all abandoned horses running upon the open range will, under the direction and supervision
6358 of the county executive, be eliminated. All owners of horses running upon the open range are
6359 hereby given notice to file with the county executive a description of the horses, and the brands
6360 or marks thereon.
6361 Dated this __________(month\day\year).
6362 By order of the county executive of ____ County, Utah.
6363
_______________
6364
County Clerk.
6365 Section 143. Section 48-2c-1306 is amended to read:
6366 48-2c-1306. Disposition of claims by publication.
6367 (1) A dissolved company in winding up may publish notice of its dissolution and
6368 request that persons with claims against the company present them in accordance with the
6369 notice.
6370 (2) The notice contemplated in Subsection (1) must:
6371 (a) be published once a week for three successive weeks [
6372
6373
6374 in Section 63F-1-701 ;
6375 (b) describe the information that must be included in a claim and provide an address to
6376 which written notice of any claim must be given to the company;
6377 (c) state the deadline, which may not be fewer than 120 days after the first date of
6378 publication of the notice, by which the dissolved company must receive the claim; and
6379 (d) state that, unless sooner barred by another statute limiting actions, the claim will be
6380 barred if not received by the deadline.
6381 (3) If the dissolved company publishes a [
6382 Website as described in Section 63F-1-701 in accordance with Subsection (2), then unless
6383 sooner barred under Section 48-2c-1305 or under another statute limiting actions, the claim of
6384 any claimant against the dissolved company is barred if:
6385 (a) the claim is not received by the dissolved company by the deadline; or
6386 (b) the dissolved company delivers to the claimant written notice of rejection of the
6387 claim within 90 days after receipt of the claim and the claimant whose claim was rejected by
6388 the dissolved company does not commence a proceeding to enforce the claim within 90 days
6389 after the effective date of the rejection notice.
6390 (4) Claims which are not rejected by the dissolved company in writing within 90 days
6391 after receipt of the claim by the dissolved company shall be considered approved.
6392 (5) (a) For purposes of this section, "claim" means any claim, including claims of this
6393 state whether known or unknown, due or to become due, absolute or contingent, liquidated or
6394 unliquidated, founded on contract, tort, or other legal basis, or otherwise.
6395 (b) For purposes of this section and Section 48-2c-1305 , a proceeding to enforce a
6396 claim means a civil action or an arbitration under an agreement for binding arbitration between
6397 the dissolved company and the claimant.
6398 Section 144. Section 52-4-202 is amended to read:
6399 52-4-202. Public notice of meetings -- Emergency meetings.
6400 (1) A public body shall give not less than 24 hours public notice of each meeting
6401 including the meeting:
6402 (a) agenda;
6403 (b) date;
6404 (c) time; and
6405 (d) place.
6406 (2) (a) In addition to the requirements under Subsection (1), a public body which holds
6407 regular meetings that are scheduled in advance over the course of a year shall give public
6408 notice at least once each year of its annual meeting schedule as provided in this section.
6409 (b) The public notice under Subsection (2)(a) shall specify the date, time, and place of
6410 the scheduled meetings.
6411 (3) (a) Public notice shall be satisfied by:
6412 (i) posting written notice:
6413 (A) at the principal office of the public body, or if no principal office exists, at the
6414 building where the meeting is to be held; and
6415 (B) beginning October 1, 2008 and except as provided in Subsection (3)(b), on the
6416 Utah Public Notice Website created under Section 63F-1-701 ; and
6417 (ii) providing notice to:
6418 (A) [
6419
6420 (B) a local media correspondent.
6421 (b) A public body of a municipality under Title 10, Utah Municipal Code, a local
6422 district under Title 17B, Limited Purpose Local Government Entities - Local Districts, or a
6423 special service district under Title 17D, Chapter 1, Special Service District Act, is encouraged,
6424 but not required, to post written notice on the Utah Public Notice Website, if the municipality
6425 or district has a current annual budget of less than $1 million.
6426 [
6427
6428
6429 (4) A public body is encouraged to develop and use additional electronic means to
6430 provide notice of its meetings under Subsection (3).
6431 (5) (a) The notice requirement of Subsection (1) may be disregarded if:
6432 (i) because of unforeseen circumstances it is necessary for a public body to hold an
6433 emergency meeting to consider matters of an emergency or urgent nature; and
6434 (ii) the public body gives the best notice practicable of:
6435 (A) the time and place of the emergency meeting; and
6436 (B) the topics to be considered at the emergency meeting.
6437 (b) An emergency meeting of a public body may not be held unless:
6438 (i) an attempt has been made to notify all the members of the public body; and
6439 (ii) a majority of the members of the public body approve the meeting.
6440 (6) (a) A public notice that is required to include an agenda under Subsection (1) shall
6441 provide reasonable specificity to notify the public as to the topics to be considered at the
6442 meeting. Each topic shall be listed under an agenda item on the meeting agenda.
6443 (b) Subject to the provisions of Subsection (6)(c), and at the discretion of the presiding
6444 member of the public body, a topic raised by the public may be discussed during an open
6445 meeting, even if the topic raised by the public was not included in the agenda or advance public
6446 notice for the meeting.
6447 (c) Except as provided in Subsection (5), relating to emergency meetings, a public
6448 body may not take final action on a topic in an open meeting unless the topic is:
6449 (i) listed under an agenda item as required by Subsection (6)(a); and
6450 (ii) included with the advance public notice required by this section.
6451 Section 145. Section 53A-3-202 is amended to read:
6452 53A-3-202. Compensation for services -- Additional per diem -- Approval of
6453 expenses.
6454 (1) Each member of a local school board, except the student member, shall receive
6455 compensation for services and for necessary expenses in accordance with board compensation
6456 schedules adopted by the local school board in accordance with the provisions of this section.
6457 (2) Beginning on July 1, 2007, if a local school board decides to adopt or amend its
6458 board compensation schedules, the board shall set a time and place for a public hearing at
6459 which all interested persons shall be given an opportunity to be heard.
6460 (3) Notice of the time, place, and purpose of the meeting shall be provided at least
6461 seven days prior to the meeting by:
6462 (a) publication at least once [
6463
6464 Website as described in Section 63F-1-701 ; and
6465 (b) posting a notice:
6466 (i) at each school within the school district;
6467 (ii) in at least three other public places within the school district; and
6468 (iii) on the Internet in a manner that is easily accessible to citizens that use the Internet.
6469 (4) After the conclusion of the public hearing, the local school board may adopt or
6470 amend its board compensation schedules.
6471 (5) Each member shall submit an itemized account of necessary travel expenses for
6472 board approval.
6473 (6) A local school board may, without following the procedures described in
6474 [
6475 effect prior to July 1, 2007 until, at the discretion of the board, the compensation schedule is
6476 amended or a new compensation schedule is adopted.
6477 Section 146. Section 53A-3-402 is amended to read:
6478 53A-3-402. Powers and duties generally.
6479 (1) Each local school board shall:
6480 (a) implement the core curriculum utilizing instructional materials that best correlate to
6481 the core curriculum and graduation requirements;
6482 (b) administer tests, required by the State Board of Education, which measure the
6483 progress of each student, and coordinate with the state superintendent and State Board of
6484 Education to assess results and create plans to improve the student's progress which shall be
6485 submitted to the State Office of Education for approval;
6486 (c) use progress-based assessments as part of a plan to identify schools, teachers, and
6487 students that need remediation and determine the type and amount of federal, state, and local
6488 resources to implement remediation;
6489 (d) develop early warning systems for students or classes failing to make progress;
6490 (e) work with the State Office of Education to establish a library of documented best
6491 practices, consistent with state and federal regulations, for use by the local districts; and
6492 (f) implement training programs for school administrators, including basic
6493 management training, best practices in instructional methods, budget training, staff
6494 management, managing for learning results and continuous improvement, and how to help
6495 every child achieve optimal learning in core academics.
6496 (2) Local school boards shall spend minimum school program funds for programs and
6497 activities for which the State Board of Education has established minimum standards or rules
6498 under Section 53A-1-402 .
6499 (3) (a) A board may purchase, sell, and make improvements on school sites, buildings,
6500 and equipment and construct, erect, and furnish school buildings.
6501 (b) School sites or buildings may only be conveyed or sold on board resolution
6502 affirmed by at least two-thirds of the members.
6503 (4) (a) A board may participate in the joint construction or operation of a school
6504 attended by children residing within the district and children residing in other districts either
6505 within or outside the state.
6506 (b) Any agreement for the joint operation or construction of a school shall:
6507 (i) be signed by the president of the board of each participating district;
6508 (ii) include a mutually agreed upon pro rata cost; and
6509 (iii) be filed with the State Board of Education.
6510 (5) A board may establish, locate, and maintain elementary, secondary, and applied
6511 technology schools.
6512 (6) A board may enroll children in school who are at least five years of age before
6513 September 2 of the year in which admission is sought.
6514 (7) A board may establish and support school libraries.
6515 (8) A board may collect damages for the loss, injury, or destruction of school property.
6516 (9) A board may authorize guidance and counseling services for children and their
6517 parents or guardians prior to, during, or following enrollment of the children in schools.
6518 (10) (a) A board shall administer and implement federal educational programs in
6519 accordance with Title 53A, Chapter 1, Part 9, Implementing Federal Programs Act.
6520 (b) Federal funds are not considered funds within the school district budget under Title
6521 53A, Chapter 19, School District Budgets.
6522 (11) (a) A board may organize school safety patrols and adopt rules under which the
6523 patrols promote student safety.
6524 (b) A student appointed to a safety patrol shall be at least ten years old and have written
6525 parental consent for the appointment.
6526 (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
6527 of a highway intended for vehicular traffic use.
6528 (d) Liability may not attach to a school district, its employees, officers, or agents or to a
6529 safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
6530 the program by virtue of the organization, maintenance, or operation of a school safety patrol.
6531 (12) (a) A board may on its own behalf, or on behalf of an educational institution for
6532 which the board is the direct governing body, accept private grants, loans, gifts, endowments,
6533 devises, or bequests that are made for educational purposes.
6534 (b) These contributions are not subject to appropriation by the Legislature.
6535 (13) (a) A board may appoint and fix the compensation of a compliance officer to issue
6536 citations for violations of Subsection 76-10-105 (2).
6537 (b) A person may not be appointed to serve as a compliance officer without the
6538 person's consent.
6539 (c) A teacher or student may not be appointed as a compliance officer.
6540 (14) A board shall adopt bylaws and rules for its own procedures.
6541 (15) (a) A board shall make and enforce rules necessary for the control and
6542 management of the district schools.
6543 (b) All board rules and policies shall be in writing, filed, and referenced for public
6544 access.
6545 (16) A board may hold school on legal holidays other than Sundays.
6546 (17) (a) Each board shall establish for each school year a school traffic safety
6547 committee to implement this Subsection (17).
6548 (b) The committee shall be composed of one representative of:
6549 (i) the schools within the district;
6550 (ii) the Parent Teachers' Association of the schools within the district;
6551 (iii) the municipality or county;
6552 (iv) state or local law enforcement; and
6553 (v) state or local traffic safety engineering.
6554 (c) The committee shall:
6555 (i) receive suggestions from parents, teachers, and others and recommend school traffic
6556 safety improvements, boundary changes to enhance safety, and school traffic safety program
6557 measures;
6558 (ii) review and submit annually to the Department of Transportation and affected
6559 municipalities and counties a child access routing plan for each elementary, middle, and junior
6560 high school within the district;
6561 (iii) consult the Utah Safety Council and the Division of Family Health Services and
6562 provide training to all school children in kindergarten through grade six, within the district, on
6563 school crossing safety and use; and
6564 (iv) help ensure the district's compliance with rules made by the Department of
6565 Transportation under Section 41-6a-303 .
6566 (d) The committee may establish subcommittees as needed to assist in accomplishing
6567 its duties under Subsection (17)(c).
6568 (e) The board shall require the school community council of each elementary, middle,
6569 and junior high school within the district to develop and submit annually to the committee a
6570 child access routing plan.
6571 (18) (a) Each school board shall adopt and implement a comprehensive emergency
6572 response plan to prevent and combat violence in its public schools, on school grounds, on its
6573 school vehicles, and in connection with school-related activities or events.
6574 (b) The board shall implement its plan by July 1, 2000.
6575 (c) The plan shall:
6576 (i) include prevention, intervention, and response components;
6577 (ii) be consistent with the student conduct and discipline policies required for school
6578 districts under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
6579 (iii) require inservice training for all district and school building staff on what their
6580 roles are in the emergency response plan; and
6581 (iv) provide for coordination with local law enforcement and other public safety
6582 representatives in preventing, intervening, and responding to violence in the areas and activities
6583 referred to in Subsection (18)(a).
6584 (d) The State Board of Education, through the state superintendent of public
6585 instruction, shall develop comprehensive emergency response plan models that local school
6586 boards may use, where appropriate, to comply with Subsection (18)(a).
6587 (e) Each local school board shall, by July 1 of each year, certify to the State Board of
6588 Education that its plan has been practiced at the school level and presented to and reviewed by
6589 its teachers, administrators, students, and their parents and local law enforcement and public
6590 safety representatives.
6591 (19) (a) Each local school board may adopt an emergency response plan for the
6592 treatment of sports-related injuries that occur during school sports practices and events.
6593 (b) The plan may be implemented by each secondary school in the district that has a
6594 sports program for students.
6595 (c) The plan may:
6596 (i) include emergency personnel, emergency communication, and emergency
6597 equipment components;
6598 (ii) require inservice training on the emergency response plan for school personnel who
6599 are involved in sports programs in the district's secondary schools; and
6600 (iii) provide for coordination with individuals and agency representatives who:
6601 (A) are not employees of the school district; and
6602 (B) would be involved in providing emergency services to students injured while
6603 participating in sports events.
6604 (d) The board, in collaboration with the schools referred to in Subsection (19)(b), may
6605 review the plan each year and make revisions when required to improve or enhance the plan.
6606 (e) The State Board of Education, through the state superintendent of public
6607 instruction, shall provide local school boards with an emergency plan response model that local
6608 boards may use to comply with the requirements of this Subsection (19).
6609 (20) A board shall do all other things necessary for the maintenance, prosperity, and
6610 success of the schools and the promotion of education.
6611 (21) (a) Before closing a school or changing the boundaries of a school, a board shall:
6612 (i) hold a public hearing, as defined in Section 10-9a-103 ; and
6613 (ii) provide public notice of the public hearing, as specified in Subsection (21)(b).
6614 (b) The notice of a public hearing required under Subsection (21)(a) shall:
6615 (i) indicate the:
6616 (A) school or schools under consideration for closure or boundary change; and
6617 (B) date, time, and location of the public hearing; and
6618 (ii) at least ten days prior to the public hearing, be:
6619 (A) published [
6620 Notice Website as described in Section 63F-1-701 ; and
6621 (B) posted in at least three public locations within the municipality or on the district's
6622 official website.
6623 Section 147. Section 53A-18-104 is amended to read:
6624 53A-18-104. Testing validity of bonds to be refunded -- Procedure.
6625 If considered advisable by the local school board, the validity of any bonds intended to
6626 be refunded may be determined in the following manner:
6627 (1) The board shall have published once a week for two successive weeks [
6628
6629 Public Notice Website as described in Section 63F-1-701 and post for a like period in three
6630 public and conspicuous places in the district, a notice describing with sufficient particularity
6631 for identification the bond or bonds intended to be refunded.
6632 (2) The notice shall require any person objecting to the legality, regularity, or validity
6633 of the bonds, their issue or sale, or the indebtedness represented by the bonds, to appear before
6634 the board at a specified place within the district on a specified day and time.
6635 (3) The time may not be less than 14 nor more than 60 days after the first publication
6636 or posting of the notice.
6637 (4) The notice shall require the person to appear at the meeting with his objections in
6638 writing, duly verified.
6639 (5) The board shall convene at the time and place specified in the notice and receive all
6640 objections as prescribed in Subsection (4).
6641 (6) The objections shall be filed with and preserved by the board.
6642 (7) If no written objections are presented at the time and place specified in the notice,
6643 the board shall so certify.
6644 (8) All persons are then prohibited from questioning in any manner or proceeding the
6645 legality, regularity, or validity of the bond or bonds, their issue or sale, or the indebtedness
6646 represented by the bonds, and the board may then refund the bonds.
6647 (9) Any person filing a written objection under Subsection (4) shall, within 20 days
6648 after the filing, commence appropriate legal proceedings against the board and others as may be
6649 proper parties, in the district court for the county in which the school district is situated, to
6650 challenge and determine the legality, regularity, and validity of the bond or bonds, their issue
6651 and sale, or the indebtedness represented by them.
6652 (10) Failure to commence the proceedings within 20 days bars the person filing
6653 objections from questioning, in any manner or proceeding, the legality, regularity, or validity of
6654 the bond or bonds, their issue or sale, or the indebtedness represented by the bonds.
6655 (11) Upon proof of failure to commence proceedings, by certificate of the clerk of the
6656 court, the board may refund the bonds.
6657 Section 148. Section 53A-19-102 is amended to read:
6658 53A-19-102. Local school boards budget procedures.
6659 (1) Prior to June 22 of each year, each local school board shall adopt a budget and
6660 make appropriations for the next fiscal year. If the tax rate in the proposed budget exceeds the
6661 certified tax rate defined in Section 59-2-924 , the board shall comply with Sections 59-2-918
6662 and 59-2-919 in adopting the budget, except as provided by Section 53A-17a-133 .
6663 (2) Prior to the adoption of a budget containing a tax rate which does not exceed the
6664 certified tax rate, the board shall hold a public hearing, as defined in Section 10-9a-103 , on the
6665 proposed budget. In addition to complying with Title 52, Chapter 4, Open and Public Meetings
6666 Act, in regards to the hearing, the board shall do the following:
6667 (a) publish the required [
6668 Utah Public Notice Website as described in Section 63F-1-701 ; and
6669 (b) file a copy of the proposed budget with the board's business administrator for public
6670 inspection at least ten days prior to the hearing.
6671 (3) The board shall file a copy of the adopted budget with the state auditor and the
6672 State Board of Education.
6673 Section 149. Section 53A-19-104 is amended to read:
6674 53A-19-104. Limits on appropriations -- Estimated expendable revenue.
6675 (1) A local school board may not make any appropriation in excess of its estimated
6676 expendable revenue, including undistributed reserves, for the following fiscal year.
6677 (2) In determining the estimated expendable revenue, any existing deficits arising
6678 through excessive expenditures from former years are deducted from the estimated revenue for
6679 the ensuing year to the extent of at least 10% of the entire tax revenue of the district for the
6680 previous year.
6681 (3) In the event of financial hardships, the board may deduct from the estimated
6682 expendable revenue for the ensuing year, by fund, at least 25% of the deficit amount.
6683 (4) All estimated balances available for appropriations at the end of the fiscal year shall
6684 revert to the funds from which they were appropriated and shall be fund balances available for
6685 appropriation in the budget of the following year.
6686 (5) A local school board may reduce a budget appropriation at its regular meeting if
6687 notice of the proposed action is given to all board members and the district superintendent at
6688 least one week prior to the meeting.
6689 (6) An increase in an appropriation may not be made by the board unless the following
6690 steps are taken:
6691 (a) the board receives a written request from the district superintendent that sets forth
6692 the reasons for the proposed increase;
6693 (b) notice of the request is published [
6694
6695 one week prior to the board meeting at which the request will be considered; and
6696 (c) the board holds a public hearing on the request prior to the board's acting on the
6697 request.
6698 Section 150. Section 53B-3-107 is amended to read:
6699 53B-3-107. Traffic violations -- Notice of rule or regulation.
6700 (1) It is a violation of this section for any person to operate or park a vehicle upon any
6701 property owned or controlled by a state institution of higher education contrary to posted signs
6702 authorized by the published rules and regulations of the institution or to block or impede traffic
6703 through or on any of these properties.
6704 (2) Notice of a rule or regulation to all persons is sufficient if the rule or regulation is
6705 published [
6706
6707 described in Section 63F-1-701 .
6708 Section 151. Section 53B-7-101.5 is amended to read:
6709 53B-7-101.5. Proposed tuition increases -- Notice -- Hearings.
6710 (1) If an institution within the State System of Higher Education listed in Section
6711 53B-1-102 considers increasing tuition rates for undergraduate students in the process of
6712 preparing or implementing its budget, it shall hold a meeting to receive public input and
6713 response on the issue.
6714 (2) The institution shall advertise the hearing required under Subsection (1) using the
6715 following procedure:
6716 (a) The institution shall advertise its intent to consider an increase in student tuition
6717 rates in the institution's student newspaper and on the Utah Public Notice Website as described
6718 in Section 63F-1-701 .
6719 (b) The advertisement shall be run twice during a period of ten days prior to the
6720 meeting.
6721 (c) The advertisement shall state that the institution will meet on a certain day, time,
6722 and place fixed in the advertisement, which shall not be less than seven days after the day the
6723 second advertisement is published, for the purpose of hearing comments regarding the
6724 proposed increase and to explain the reasons for the proposed increase.
6725 (3) The form and content of the notice shall be substantially as follows:
6726 "NOTICE OF PROPOSED TUITION INCREASE
6727 The (name of the higher education institution) is proposing to increase student tuition
6728 rates. This would be an increase of ______ %, which is an increase of $______ per semester
6729 for a full-time resident undergraduate student. All concerned students and citizens are invited
6730 to a public hearing on the proposed increase to be held at (meeting place) on (date) at (time)."
6731 (4) (a) The institution shall provide the following information to those in attendance at
6732 the meeting required under Subsection (1):
6733 (i) the current year's student enrollment for:
6734 (A) the State System of Higher Education, if a systemwide increase is being
6735 considered; or
6736 (B) the institution, if an increase is being considered for just a single institution;
6737 (ii) total tuition revenues for the current school year;
6738 (iii) projected student enrollment growth for the next school year and projected tuition
6739 revenue increases from that anticipated growth; and
6740 (iv) a detailed accounting of how and where the increased tuition revenues would be
6741 spent.
6742 (b) The enrollment and revenue data required under Subsection (4)(a) shall be broken
6743 down into majors or departments if the proposed tuition increases are department or major
6744 specific.
6745 (5) If the institution does not make a final decision on the proposed tuition increase at
6746 the meeting, it shall announce the date, time, and place of the meeting where that determination
6747 shall be made.
6748 Section 152. Section 54-4-27 is amended to read:
6749 54-4-27. Payment of dividends -- Notice -- Restraint.
6750 No gas or electric corporation doing business in this state shall pay any dividend upon
6751 its common stock prior to thirty days after the date of the declaration of such dividend by the
6752 board of directors of such utility corporation. Within five days after the declaration of such
6753 dividend the management of such corporation shall notify the utilities commission in writing of
6754 the declaration of said dividend, the amount thereof, the date fixed for payment of the same,
6755 and shall also cause to be published a notice [
6756
6757 as described in Section 63F-1-701 , stating in substance the contents of the notice herein
6758 required to be given the utilities commission. If the commission, after investigation, shall find
6759 that the capital of any such corporation is being impaired or that its service to the public is
6760 likely to become impaired or is in danger of impairment, it may issue an order directing such
6761 utility corporation to refrain from the payment of said dividend until such impairment is made
6762 good or danger of impairment is avoided. The district court of any county in which said utility
6763 is doing business in this state is authorized upon a suit by the commission to enforce the order
6764 of the commission, and empowered to issue a restraining order pending final determination of
6765 the action.
6766 Section 153. Section 54-7-17 is amended to read:
6767 54-7-17. Stay of commission's order or decision pending appeal.
6768 (1) A petition for judicial review does not stay or suspend the operation of the order or
6769 decision of the commission.
6770 (2) (a) The court may stay or suspend, in whole or in part, the operation of the
6771 commission's order or decision after at least three days' notice and after a hearing.
6772 (b) If the court stays or suspends the order or decision of the commission, the order
6773 shall contain a specific finding, based upon evidence submitted to the court and identified by
6774 reference, that:
6775 (i) great or irreparable damage will result to the petitioner absent suspension or a stay
6776 of the order; and
6777 (ii) specifies the nature of the damage.
6778 (3) (a) The court's order staying or suspending the decision of the commission is not
6779 effective until a supersedeas bond is executed, filed with, and approved by the commission (or
6780 approved, on review, by the court).
6781 (b) The bond shall be payable to the state [
6782 and security to insure the prompt payment by the party petitioning for the review of:
6783 (i) all damages caused by the delay in the enforcement of the order or decision of the
6784 commission; and
6785 (ii) all moneys that any person or corporation is compelled to pay, pending the review
6786 proceedings, for transportation, transmission, product, commodity, or service in excess of the
6787 charges fixed by the order or decision of the commission.
6788 (c) Whenever necessary to insure the prompt payment of damages and any
6789 overcharges, the court may order the party petitioning for a review to give additional security or
6790 to increase the supersedeas bond.
6791 (4) (a) When the court stays or suspends the order or decision of the commission in any
6792 matter affecting rates, fares, tolls, rentals, charges, or classifications, it shall order the public
6793 utility affected to pay into court, or into some bank or trust company paying interest on
6794 deposits, all sums of money collected by the public utility that are greater than the sum a person
6795 would have paid if the order or decision of the commission had not been stayed or suspended.
6796 (b) (i) Upon the final decision by the court, the public utility shall refund all moneys
6797 collected by it that are greater than those authorized by the court's final decision, together with
6798 interest if the moneys were deposited in a bank or trust company, to the persons entitled to the
6799 refund.
6800 (ii) The commission shall prescribe the methods for distributing the refund.
6801 (c) (i) If any of the refund money has not been claimed within one year from the final
6802 decision of the court, the commission shall publish notice of the refund once per week for two
6803 successive weeks [
6804
6805 Public Notice Website as described in Section 63F-1-701 .
6806 (ii) The notice shall state the names of the persons entitled to the moneys and the
6807 amount due each person.
6808 (iii) All moneys not claimed within three months after the publication of the notice
6809 shall be paid by the public utility into the General Fund.
6810 (5) When the court stays or suspends any order or decision lowering any rate, fare, toll,
6811 rental, charge, or classification, after the execution and approval of the supersedeas bond, the
6812 commission shall order the public utility affected to keep accounts, verified by oath, that show:
6813 (a) the amounts being charged or received by the public utility; and
6814 (b) the names and addresses of the persons to whom overcharges will be refundable.
6815 Section 154. Section 54-8-10 is amended to read:
6816 54-8-10. Public hearing -- Notice -- Publication.
6817 Such notice shall be published in full one time [
6818
6819
6820 Notice Website as described in Section 63F-1-701 and by posting in not less than three public
6821 places in such district. A copy of such notice shall be mailed by certified mail to the last known
6822 address of each owner of land within the proposed district whose property will be assessed for
6823 the cost of the improvement. The address to be used for said purpose shall be that last
6824 appearing on the real property assessment rolls of the county wherein said property is located.
6825 In addition, a copy of such notice shall be addressed to "Owner" and shall be so mailed
6826 addressed to the street number of each piece of improved property to be affected by the
6827 assessment. Mailed notices and the published notice shall state where a copy of the resolution
6828 creating the district will be available for inspection by any interested parties.
6829 Section 155. Section 54-8-16 is amended to read:
6830 54-8-16. Notice of assessment -- Publication.
6831 After the preparation of the aforesaid resolution, notice of a public hearing on the
6832 proposed assessments shall be given. Such notice shall be published one time [
6833
6834 described in Section 63F-1-701 at least twenty days before the date fixed for the hearing and
6835 shall be mailed by certified mail not less than fifteen days prior to the date fixed for such
6836 hearing to each owner of real property whose property will be assessed for part of the cost of
6837 the improvement at the last known address of such owner using for such purpose the names
6838 and addresses appearing on the last completed real property assessment rolls of the county
6839 wherein said affected property is located. In addition, a copy of such notice shall be addressed
6840 to "Owner" and shall be so mailed addressed to the street number of each piece of improved
6841 property to be affected by such assessment. Each notice shall state that at the specified time and
6842 place, the governing body will hold a public hearing upon the proposed assessments and shall
6843 state that any owner of any property to be assessed pursuant to the resolution will be heard on
6844 the question of whether his property will be benefited by the proposed improvement to the
6845 amount of the proposed assessment against his property and whether the amount assessed
6846 against his property constitutes more than his proper proportional share of the total cost of the
6847 improvement. The notice shall further state where a copy of the resolution proposed to be
6848 adopted levying the assessments against all real property in the district will be on file for public
6849 inspection, and that subject to such changes and corrections therein as may be made by the
6850 governing body, it is proposed to adopt the resolution at the conclusion of the hearing. A
6851 published notice shall describe the boundaries or area of the district with sufficient particularity
6852 to permit each owner of real property therein to ascertain that his property lies in the district.
6853 The mailed notice may refer to the district by name and date of creation and shall state the
6854 amount of the assessment proposed to be levied against the real property of the person to whom
6855 the notice is mailed.
6856 Section 156. Section 54-8-23 is amended to read:
6857 54-8-23. Objection to amount of assessment -- Civil action -- Litigation to
6858 question or attack proceedings or legality of bonds.
6859 No special assessment levied under this chapter shall be declared void, nor shall any
6860 such assessment or part thereof be set aside in consequence of any error or irregularity
6861 permitted or appearing in any of the proceedings under this chapter, but any party feeling
6862 aggrieved by any such special assessment or proceeding may bring a civil action to cause such
6863 grievance to be adjudicated if such action is commenced prior to the expiration of the period
6864 specified in this section. The burden of proof to show that such special assessment or part
6865 thereof is invalid, inequitable or unjust shall rest upon the party who brings such suit. Any such
6866 litigation shall not be regarded as an appeal within the meaning of the prohibition contained in
6867 Section 54-8-18 . Every person whose property is subject to such special assessment and who
6868 fails to appear during the public hearings on said assessments to raise his objection to such tax
6869 shall be deemed to have waived all objections to such levy except the objection that the
6870 governing body lacks jurisdiction to levy such tax.
6871 For a period of twenty days after the governing body has adopted the enactment
6872 authorizing the assessment, any taxpayer in the district shall have the right to institute litigation
6873 for the purpose of questioning or attacking the proceedings pursuant to which the assessments
6874 have been authorized subject to the provisions of the preceding paragraph. Whenever any
6875 enactment authorizing the issuance of any bonds pursuant to the improvement contemplated
6876 shall have been adopted such resolution shall be published once [
6877
6878 Section 63F-1-701 . For a period of twenty days thereafter, any person whose property shall
6879 have been assessed and any taxpayer in the district shall have the right to institute litigation for
6880 the purpose of questioning or attacking the legality of such bonds. After the expiration of such
6881 twenty-day period, all proceedings theretofore had by the governing body, the bonds to be
6882 issued pursuant thereto, and the special assessments from which such bonds are to be paid,
6883 shall become incontestable, and no suit attacking or questioning the legality thereof may be
6884 instituted in this state, and no court shall have the authority to inquire into such matters.
6885 Section 157. Section 57-1-25 is amended to read:
6886 57-1-25. Notice of trustee's sale -- Description of property -- Time and place of
6887 sale.
6888 (1) The trustee shall give written notice of the time and place of sale particularly
6889 describing the property to be sold:
6890 (a) by publication of the notice:
6891 (i) at least three times;
6892 (ii) once a week for three consecutive weeks;
6893 (iii) the last publication to be at least ten days but not more than 30 days before the date
6894 the sale is scheduled; and
6895 (iv) [
6896
6897 Website as described in Section 63F-1-701 ; and
6898 (b) by posting the notice:
6899 (i) at least 20 days before the date the sale is scheduled; and
6900 (ii) (A) in some conspicuous place on the property to be sold; and
6901 (B) at the office of the county recorder of each county in which the trust property, or
6902 some part of it, is located.
6903 (2) (a) The sale shall be held at the time and place designated in the notice of sale.
6904 (b) The time of sale shall be between the hours of 8 a.m. and 5 p.m.
6905 (c) The place of sale shall be clearly identified in the notice of sale under Subsection
6906 (1) and shall be at a courthouse serving the county in which the property to be sold, or some
6907 part of the property to be sold, is located.
6908 (3) The notice of sale shall be in substantially the following form:
6909
6910 The following described property will be sold at public auction to the highest bidder,
6911 payable in lawful money of the United States at the time of sale, at (insert location of sale)
6912 ________________on __________(month\day\year), at __.m. of said day, for the purpose of
6913 foreclosing a trust deed originally executed by ____ (and ____, his wife,) as trustors, in favor
6914 of ____, covering real property located at ____, and more particularly described as:
6915
6916 The current beneficiary of the trust deed is ______________________ and the record
6917 owners of the property as of the recording of the notice of default are _________________ and
6918 ____________________.
6919 Dated __________(month\day\year).
_______________
6920
Trustee
6921 Section 158. Section 57-11-11 is amended to read:
6922 57-11-11. Rules of division -- Filing advertising material -- Injunctions --
6923 Intervention by division in suits -- General powers of division.
6924 (1) The division shall prescribe reasonable rules which shall be adopted, amended, or
6925 repealed only after a public hearing with notice thereof published once [
6926
6927 Section 63F-1-701 and sent to any nonprofit organization which files a written request for
6928 notice with the division; said notice shall be published and sent not less than 20 days prior to
6929 the hearing. The rules shall include but need not be limited to:
6930 (a) provisions for advertising standards to assure full and fair disclosure;
6931 (b) provisions for escrow or trust agreements, performance bonds, or other means
6932 reasonably necessary to assure that all improvements referred to in the application for
6933 registration and advertising will be completed and that purchasers will receive the interest in
6934 land contracted for. These provisions, however, shall not be required if the city or county in
6935 which the subdivision is located requires similar means of assurance of a nature and in an
6936 amount no less adequate than is required under said rules;
6937 (c) provisions for operating procedures;
6938 (d) provisions for a shortened form of registration in cases where the division
6939 determines that the purposes of this act do not require a subdivision to be registered pursuant to
6940 an application containing all the information required by Section 57-11-6 or do not require that
6941 the public offering statement contain all the information required by Section 57-11-7 ; and
6942 (e) other rules necessary and proper to accomplish the purpose of this act.
6943 (2) The division by rule or order, after reasonable notice, may require the filing of
6944 advertising material relating to subdivided lands prior to its distribution, provided that the
6945 division must approve or reject any advertising material within 15 days from the receipt thereof
6946 or the material shall be considered approved.
6947 (3) If it appears that a person has engaged or is about to engage in an act or practice
6948 constituting a violation of a provision of this act or a rule or order hereunder, the agency, with
6949 or without prior administrative proceedings, may bring an action in the district court of the
6950 district where said person maintains his residence or a place of business or where said act or
6951 practice has occurred or is about to occur, to enjoin the acts or practices and to enforce
6952 compliance with this act or any rule or order hereunder. Upon proper showing, injunctive relief
6953 or temporary restraining orders shall be granted, and a receiver or conservator may be
6954 appointed. The division shall not be required to post a bond in any court proceedings.
6955 (4) The division shall be allowed to intervene in a suit involving subdivided lands,
6956 either as a party or as an amicus curiae, where it appears that the interpretation or
6957 constitutionality of any provision of law will be called into question. In any suit by or against a
6958 subdivider involving subdivided lands, the subdivider promptly shall furnish the agency notice
6959 of the suit and copies of all pleadings. Failure to do so may, in the discretion of the division,
6960 constitute grounds for the division withholding any approval required by this [
6961 (5) The division may:
6962 (a) accept registrations filed in other states or with the federal government;
6963 (b) contract with public agencies or qualified private persons in this state or other
6964 jurisdictions to perform investigative functions;
6965 (c) accept grants-in-aid from any source.
6966 (6) The division shall cooperate with similar agencies in other jurisdictions to establish
6967 uniform filing procedures and forms, uniform public offering statements, advertising standards,
6968 rules, and common administrative practices.
6969 Section 159. Section 59-2-919 is amended to read:
6970 59-2-919. Resolution proposing tax increases -- Notice -- Contents of notice of
6971 proposed tax increase -- Personal mailed notice in addition to advertisement -- Contents
6972 of personal mailed notice -- Hearing -- Dates.
6973 (1) A tax rate in excess of the certified tax rate may not be levied until a resolution has
6974 been approved by the taxing entity in accordance with this section.
6975 (2) (a) (i) The taxing entity shall advertise its intent to exceed the certified tax rate [
6976
6977 Utah Public Notice Website as described in Section 63F-1-701 .
6978 (ii) Notwithstanding Subsection (2)(a)(i), a taxing entity is not required to meet the
6979 advertisement or hearing requirements of this section if:
6980 (A) the taxing entity is expressly exempted by law from complying with the
6981 requirements of this section; or
6982 (B) (I) the taxing entity is a party to an interlocal agreement under Title 11, Chapter 13,
6983 Interlocal Cooperation Act, that creates an interlocal entity to provide fire protection,
6984 emergency, and emergency medical services;
6985 (II) the tax rate increase is approved by the taxing entity's voters at an election held for
6986 that purpose on or before December 31, 2010;
6987 (III) the purpose of the tax rate increase is to pay for fire protection, emergency, and
6988 emergency medical services provided by the interlocal entity; and
6989 (IV) at least 30 days before its annual budget hearing, the taxing entity:
6990 (Aa) adopts a resolution certifying that the taxing entity will dedicate all revenue from
6991 the tax rate increase exclusively to pay for fire protection, emergency, and emergency medical
6992 services provided by the interlocal entity and that the amount of other revenues, independent of
6993 the revenue generated from the tax rate increase, that the taxing entity spends for fire
6994 protection, emergency, and emergency medical services each year after the tax rate increase
6995 will not decrease below the amount spent by the taxing entity during the year immediately
6996 before the tax rate increase without a corresponding decrease in the taxing entity's property tax
6997 revenues used in calculating the taxing entity's certified tax rate; and
6998 (Bb) sends a copy of the resolution to the commission.
6999 (iii) The exception under Subsection (2)(a)(ii)(B) from the advertisement and hearing
7000 requirements of this section does not apply to an increase in a taxing entity's tax rate that occurs
7001 after December 31, 2010, even if the tax rate increase is approved by the taxing entity's voters
7002 before that date.
7003 (iv) Notwithstanding Subsection (2)(a)(i), a taxing entity is not required to meet the
7004 advertisement requirements of this section if:
7005 (A) Section 53A-17a-133 allows the taxing entity to levy a tax rate that exceeds that
7006 certified tax rate without having to comply with the advertisement requirements of this section;
7007 or
7008 (B) the taxing entity:
7009 (I) collected less than $20,000 in ad valorem tax revenues for the previous fiscal year;
7010 and
7011 (II) sets a budget during the current fiscal year of less than $20,000 of ad valorem tax
7012 revenues.
7013 (b) The advertisement described in this section shall[
7014 Notice Website as described in Section 63F-1-701 .
7015 [
7016 [
7017 [
7018 [
7019
7020 [
7021 [
7022
7023 [
7024 [
7025 [
7026 [
7027 (i) be run once each week for the two weeks preceding the adoption of the final budget;
7028 and
7029 (ii) state that the taxing entity will meet on a certain day, time, and place fixed in the
7030 advertisement, which shall be not less than seven days after the day the first advertisement is
7031 published, for the purpose of hearing comments regarding any proposed increase and to explain
7032 the reasons for the proposed increase.
7033 [
7034 proposed budget of the taxing entity.
7035 (3) The form and content of the notice shall be substantially as follows:
7036
7037
7038 The (name of the taxing entity) is proposing to increase its property tax revenue.
7039 * If the proposed budget is approved, this would be an increase of _____% above
7040 the (name of the taxing entity) property tax budgeted revenue for the prior year.
7041 * The (name of the taxing entity) tax on a (insert the average value of a residence
7042 in the taxing entity rounded to the nearest thousand dollars) residence would
7043 increase from $______ to $________, which is $_______ per year.
7044 * The (name of the taxing entity) tax on a (insert the value of a business having
7045 the same value as the average value of a residence in the taxing entity) business
7046 would increase from $________ to $_______, which is $______ per year.
7047 (Name of taxing entity) property tax revenue from new growth and other sources will
7048 increase from $_______________ to $______________.
7049 All concerned citizens are invited to a public hearing on the tax increase.
7050
7051 Date/Time: (date) (time)
7052 Location: (name of meeting place and address of meeting place)
7053 To obtain more information regarding the tax increase, citizens may contact the (name
7054 of the taxing entity) at (phone number of taxing entity)."
7055 (4) The commission:
7056 (a) shall adopt rules governing the joint use of one advertisement under this section or
7057 Section 59-2-918 by two or more taxing entities; and
7058 (b) may, upon petition by any taxing entity, authorize either:
7059 (i) the use [
7060
7061 Public Notice Website as described in Section 63F-1-701 ; or
7062 (ii) the use of a commission-approved direct notice to each taxpayer if the:
7063 (A) cost of the advertisement would cause undue hardship; and
7064 (B) direct notice is different and separate from that provided for in Section 59-2-919.1 .
7065 (5) (a) The taxing entity, after holding a hearing as provided in this section, may adopt
7066 a resolution levying a tax rate in excess of the certified tax rate.
7067 (b) If a resolution adopting a tax rate is not adopted on the day of the public hearing,
7068 the scheduled time and place for consideration and adoption of the resolution shall be
7069 announced at the public hearing.
7070 (c) If a resolution adopting a tax rate is to be considered at a day and time that is more
7071 than two weeks after the public hearing described in Subsection 59-2-919.1 (2)(c)(v), a taxing
7072 entity, other than a taxing entity described in Subsection (2)(a)(ii), shall advertise the date of
7073 the proposed adoption of the resolution in the same manner as provided under Subsections (2)
7074 and (3).
7075 (6) (a) All hearings described in this section shall be open to the public.
7076 (b) The governing body of a taxing entity conducting a hearing shall permit all
7077 interested parties desiring to be heard an opportunity to present oral testimony within
7078 reasonable time limits.
7079 (7) (a) Each taxing entity shall notify the county legislative body by March 1 of each
7080 year of the date, time, and place a public hearing is held by the taxing entity pursuant to this
7081 section.
7082 (b) A taxing entity may not schedule a hearing described in this section at the same
7083 time as another overlapping taxing entity in the same county, but all taxing entities in which the
7084 power to set tax levies is vested in the same governing board or authority may consolidate the
7085 required hearings into one hearing.
7086 (c) The county legislative body shall resolve any conflicts in hearing dates and times
7087 after consultation with each affected taxing entity.
7088 (8) A taxing entity shall hold a public hearing under this section beginning at or after 6
7089 p.m.
7090 Section 160. Section 59-2-924 is amended to read:
7091 59-2-924. Report of valuation of property to county auditor and commission --
7092 Transmittal by auditor to governing bodies -- Certified tax rate -- Calculation of certified
7093 tax rate -- Rulemaking authority -- Adoption of tentative budget.
7094 (1) Before June 1 of each year, the county assessor of each county shall deliver to the
7095 county auditor and the commission the following statements:
7096 (a) a statement containing the aggregate valuation of all taxable real property assessed
7097 by a county assessor in accordance with Part 3, County Assessment, for each taxing entity; and
7098 (b) a statement containing the taxable value of all personal property assessed by a
7099 county assessor in accordance with Part 3, County Assessment, from the prior year end values.
7100 (2) The county auditor shall, on or before June 8, transmit to the governing body of
7101 each taxing entity:
7102 (a) the statements described in Subsections (1)(a) and (b);
7103 (b) an estimate of the revenue from personal property;
7104 (c) the certified tax rate; and
7105 (d) all forms necessary to submit a tax levy request.
7106 (3) (a) The "certified tax rate" means a tax rate that will provide the same ad valorem
7107 property tax revenues for a taxing entity as were budgeted by that taxing entity for the prior
7108 year.
7109 (b) For purposes of this Subsection (3):
7110 (i) "Ad valorem property tax revenues" do not include:
7111 (A) collections from redemptions;
7112 (B) interest;
7113 (C) penalties; and
7114 (D) revenue received by a taxing entity from personal property that is:
7115 (I) assessed by a county assessor in accordance with Part 3, County Assessment; and
7116 (II) semiconductor manufacturing equipment.
7117 (ii) "Aggregate taxable value of all property taxed" means:
7118 (A) the aggregate taxable value of all real property assessed by a county assessor in
7119 accordance with Part 3, County Assessment, for the current year;
7120 (B) the aggregate taxable year end value of all personal property assessed by a county
7121 assessor in accordance with Part 3, County Assessment, for the prior year; and
7122 (C) the aggregate taxable value of all real and personal property assessed by the
7123 commission in accordance with Part 2, Assessment of Property, for the current year.
7124 (c) (i) Except as otherwise provided in this section, the certified tax rate shall be
7125 calculated by dividing the ad valorem property tax revenues budgeted for the prior year by the
7126 taxing entity by the amount calculated under Subsection (3)(c)(ii).
7127 (ii) For purposes of Subsection (3)(c)(i), the legislative body of a taxing entity shall
7128 calculate an amount as follows:
7129 (A) calculate for the taxing entity the difference between:
7130 (I) the aggregate taxable value of all property taxed; and
7131 (II) any redevelopment adjustments for the current calendar year;
7132 (B) after making the calculation required by Subsection (3)(c)(ii)(A), calculate an
7133 amount determined by increasing or decreasing the amount calculated under Subsection
7134 (3)(c)(ii)(A) by the average of the percentage net change in the value of taxable property for the
7135 equalization period for the three calendar years immediately preceding the current calendar
7136 year;
7137 (C) after making the calculation required by Subsection (3)(c)(ii)(B), calculate the
7138 product of:
7139 (I) the amount calculated under Subsection (3)(c)(ii)(B); and
7140 (II) the percentage of property taxes collected for the five calendar years immediately
7141 preceding the current calendar year; and
7142 (D) after making the calculation required by Subsection (3)(c)(ii)(C), calculate an
7143 amount determined by subtracting from the amount calculated under Subsection (3)(c)(ii)(C)
7144 any new growth as defined in this section:
7145 (I) within the taxing entity; and
7146 (II) for the following calendar year:
7147 (Aa) for new growth from real property assessed by a county assessor in accordance
7148 with Part 3, County Assessment and all property assessed by the commission in accordance
7149 with Section 59-2-201 , the current calendar year; and
7150 (Bb) for new growth from personal property assessed by a county assessor in
7151 accordance with Part 3, County Assessment, the prior calendar year.
7152 (iii) For purposes of Subsection (3)(c)(ii)(A), the aggregate taxable value of all
7153 property taxed:
7154 (A) except as provided in Subsection (3)(c)(iii)(B) or (3)(c)(ii)(C), is as defined in
7155 Subsection (3)(b)(ii);
7156 (B) does not include the total taxable value of personal property contained on the tax
7157 rolls of the taxing entity that is:
7158 (I) assessed by a county assessor in accordance with Part 3, County Assessment; and
7159 (II) semiconductor manufacturing equipment; and
7160 (C) for personal property assessed by a county assessor in accordance with Part 3,
7161 County Assessment, the taxable value of personal property is the year end value of the personal
7162 property contained on the prior year's tax rolls of the entity.
7163 (iv) For purposes of Subsection (3)(c)(ii)(B), for calendar years beginning on or after
7164 January 1, 2007, the value of taxable property does not include the value of personal property
7165 that is:
7166 (A) within the taxing entity assessed by a county assessor in accordance with Part 3,
7167 County Assessment; and
7168 (B) semiconductor manufacturing equipment.
7169 (v) For purposes of Subsection (3)(c)(ii)(C)(II), for calendar years beginning on or after
7170 January 1, 2007, the percentage of property taxes collected does not include property taxes
7171 collected from personal property that is:
7172 (A) within the taxing entity assessed by a county assessor in accordance with Part 3,
7173 County Assessment; and
7174 (B) semiconductor manufacturing equipment.
7175 (vi) For purposes of Subsection (3)(c)(ii)(B), for calendar years beginning on or after
7176 January 1, 2009, the value of taxable property does not include the value of personal property
7177 that is within the taxing entity assessed by a county assessor in accordance with Part 3, County
7178 Assessment.
7179 (vii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
7180 the commission may prescribe rules for calculating redevelopment adjustments for a calendar
7181 year.
7182 (d) (i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
7183 the commission shall make rules determining the calculation of ad valorem property tax
7184 revenues budgeted by a taxing entity.
7185 (ii) For purposes of Subsection (3)(d)(i), ad valorem property tax revenues budgeted by
7186 a taxing entity shall be calculated in the same manner as budgeted property tax revenues are
7187 calculated for purposes of Section 59-2-913 .
7188 (e) The certified tax rates for the taxing entities described in this Subsection (3)(e) shall
7189 be calculated as follows:
7190 (i) except as provided in Subsection (3)(e)(ii), for new taxing entities the certified tax
7191 rate is zero;
7192 (ii) for each municipality incorporated on or after July 1, 1996, the certified tax rate is:
7193 (A) in a county of the first, second, or third class, the levy imposed for municipal-type
7194 services under Sections 17-34-1 and 17-36-9 ; and
7195 (B) in a county of the fourth, fifth, or sixth class, the levy imposed for general county
7196 purposes and such other levies imposed solely for the municipal-type services identified in
7197 Section 17-34-1 and Subsection 17-36-3 (22); and
7198 (iii) for debt service voted on by the public, the certified tax rate shall be the actual
7199 levy imposed by that section, except that the certified tax rates for the following levies shall be
7200 calculated in accordance with Section 59-2-913 and this section:
7201 (A) school leeways provided for under Sections 11-2-7 , 53A-16-110 , 53A-17a-125 ,
7202 53A-17a-127 , 53A-17a-133 , 53A-17a-134 , 53A-17a-143 , 53A-17a-145 , and 53A-21-103 ; and
7203 (B) levies to pay for the costs of state legislative mandates or judicial or administrative
7204 orders under Section 59-2-1604 .
7205 (f) (i) A judgment levy imposed under Section 59-2-1328 or 59-2-1330 shall be
7206 established at that rate which is sufficient to generate only the revenue required to satisfy one
7207 or more eligible judgments, as defined in Section 59-2-102 .
7208 (ii) The ad valorem property tax revenue generated by the judgment levy shall not be
7209 considered in establishing the taxing entity's aggregate certified tax rate.
7210 (g) The ad valorem property tax revenue generated by the capital outlay levy described
7211 in Section 53A-16-107 within a taxing entity in a county of the first class:
7212 (i) may not be considered in establishing the school district's aggregate certified tax
7213 rate; and
7214 (ii) shall be included by the commission in establishing a certified tax rate for that
7215 capital outlay levy determined in accordance with the calculation described in Subsection
7216 59-2-913 (3).
7217 (4) (a) For the purpose of calculating the certified tax rate, the county auditor shall use:
7218 (i) the taxable value of real property assessed by a county assessor contained on the
7219 assessment roll;
7220 (ii) the taxable value of real and personal property assessed by the commission; and
7221 (iii) the taxable year end value of personal property assessed by a county assessor
7222 contained on the prior year's assessment roll.
7223 (b) For purposes of Subsection (4)(a)(i), the taxable value of real property on the
7224 assessment roll does not include new growth as defined in Subsection (4)(c).
7225 (c) "New growth" means:
7226 (i) the difference between the increase in taxable value of the following property of the
7227 taxing entity from the previous calendar year to the current year:
7228 (A) real property assessed by a county assessor in accordance with Part 3, County
7229 Assessment; and
7230 (B) property assessed by the commission under Section 59-2-201 ; plus
7231 (ii) the difference between the increase in taxable year end value of personal property
7232 of the taxing entity from the year prior to the previous calendar year to the previous calendar
7233 year; minus
7234 (iii) the amount of an increase in taxable value described in Subsection (4)(e).
7235 (d) For purposes of Subsection (4)(c)(ii), the taxable value of personal property of the
7236 taxing entity does not include the taxable value of personal property that is:
7237 (i) contained on the tax rolls of the taxing entity if that property is assessed by a county
7238 assessor in accordance with Part 3, County Assessment; and
7239 (ii) semiconductor manufacturing equipment.
7240 (e) Subsection (4)(c)(iii) applies to the following increases in taxable value:
7241 (i) the amount of increase to locally assessed real property taxable values resulting
7242 from factoring, reappraisal, or any other adjustments; or
7243 (ii) the amount of an increase in the taxable value of property assessed by the
7244 commission under Section 59-2-201 resulting from a change in the method of apportioning the
7245 taxable value prescribed by:
7246 (A) the Legislature;
7247 (B) a court;
7248 (C) the commission in an administrative rule; or
7249 (D) the commission in an administrative order.
7250 (f) For purposes of Subsection (4)(a)(ii), the taxable year end value of personal
7251 property on the prior year's assessment roll does not include:
7252 (i) new growth as defined in Subsection (4)(c); or
7253 (ii) the total taxable year end value of personal property contained on the prior year's
7254 tax rolls of the taxing entity that is:
7255 (A) assessed by a county assessor in accordance with Part 3, County Assessment; and
7256 (B) semiconductor manufacturing equipment.
7257 (5) (a) On or before June 22, each taxing entity shall annually adopt a tentative budget.
7258 (b) If the taxing entity intends to exceed the certified tax rate, it shall notify the county
7259 auditor of:
7260 (i) its intent to exceed the certified tax rate; and
7261 (ii) the amount by which it proposes to exceed the certified tax rate.
7262 (c) The county auditor shall notify all property owners of any intent to exceed the
7263 certified tax rate in accordance with [
7264 Section 161. Section 59-2-926 is amended to read:
7265 59-2-926. Proposed tax increase by state -- Notice -- Contents -- Dates.
7266 If the state authorizes a levy pursuant to Section 53A-17a-135 that exceeds the certified
7267 revenue levy as defined in Section 53A-17a-103 or authorizes a levy pursuant to Section
7268 59-2-1602 that exceeds the certified revenue levy as defined in Section 59-2-102 , the state shall
7269 publish a notice no later than ten days after the last day of the annual legislative general session
7270 that meets the following requirements:
7271 (1) The Office of the Legislative Fiscal Analyst shall advertise that the state authorized
7272 a levy that generates revenue in excess of the previous year's ad valorem tax revenue, plus new
7273 growth, but exclusive of revenue from collections from redemptions, interest, and penalties [
7274
7275
7276
7277
7278 in Section 63F-1-701 . The advertisement shall be run once.
7279 (2) The form and content of the notice shall be substantially as follows:
7280
7281 The state has budgeted an increase in its property tax revenue from $__________ to
7282 $__________ or ____%. The increase in property tax revenues will come from the following
7283 sources (include all of the following provisions):
7284 (a) $__________ of the increase will come from (provide an explanation of the cause
7285 of adjustment or increased revenues, such as reappraisals or factoring orders);
7286 (b) $__________ of the increase will come from natural increases in the value of the
7287 tax base due to (explain cause of new growth, such as new building activity, annexation, etc.);
7288 (c) a home valued at $100,000 in the state of Utah which based on last year's (levy for
7289 the basic state-supported school program, levy for the Property Tax Valuation Agency Fund, or
7290 both) paid $____________ in property taxes would pay the following:
7291 (i) $__________ if the state of Utah did not budget an increase in property tax revenue
7292 exclusive of new growth; and
7293 (ii) $__________ under the increased property tax revenues exclusive of new growth
7294 budgeted by the state of Utah."
7295 Section 162. Section 59-2-1303 is amended to read:
7296 59-2-1303. Seizure and sale -- Method and procedure.
7297 Unless taxes or uniform fees on personal property assessed by the county assessor are
7298 paid or secured as provided under Section 59-2-1302 , the assessor or, if this duty has been
7299 reassigned in an ordinance under Section 17-16-5.5 , the treasurer shall collect the taxes,
7300 including accrued interest and penalties, by seizure or seizure and subsequent sale of any
7301 personal property owned by the person against whom the tax is assessed. The assessor or
7302 treasurer, as the case may be, may seize that personal property on which a delinquent property
7303 tax or uniform fee exists at any time in order to protect a county's interest in that personal
7304 property. The sale of personal property shall be made in the following manner:
7305 (1) (a) For all personal property, except manufactured homes and mobile homes as
7306 provided in Subsection (1)(b), the sale shall be made:
7307 (i) at public auction;
7308 (ii) of a sufficient amount of property to pay the taxes, or uniform fees and interest,
7309 penalties, and costs;
7310 (iii) when practicable, in the city, town, or precinct where the property was seized; and
7311 (iv) after one week's notice of the time and place of the sale, given by publication [
7312
7313 described in Section 63F-1-701 , and by posting in three public places in the county.
7314 (b) For manufactured homes and mobile homes that are used as a residence and that are
7315 listed on the personal property roll of the county, the sale shall be made:
7316 (i) at public auction;
7317 (ii) when practicable, in the city, town, or precinct where the property was seized;
7318 (iii) no sooner than one year after the taxes on the property became delinquent as
7319 determined in Section 59-2-1302 ;
7320 (iv) after publication of the date, time, and place of sale [
7321
7322 63F-1-701 , once in each of two successive weeks immediately preceding the date of the sale;
7323 and
7324 (v) after notification, sent by certified mail at least ten days prior to the first date of
7325 publication of the sale [
7326 Section 63F-1-701 , to the owner of the manufactured home or mobile home, all lien holders of
7327 record, and any other person known by the assessor to have an interest in the manufactured
7328 home or mobile home, of the date, time, and place of the sale.
7329 (2) For seizing or selling personal property the assessor or treasurer, as the case may
7330 be, may charge in each case the actual and necessary expenses for travel and seizing, handling,
7331 keeping, selling, or caring for that property.
7332 (3) Upon payment of the price bid for any personal property sold under this section, the
7333 delivery of the property, with a bill of sale, vests title in the purchaser.
7334 (4) All sale proceeds in excess of taxes, or uniform fees and interest, penalties, and
7335 costs shall be returned to the owner of the personal property, and until claimed shall be
7336 deposited in the county treasury and made subject to the order of the owner, the owner's heirs,
7337 or assigns.
7338 (5) The unsold portion of any property may be left at the place of sale at the risk of the
7339 owner.
7340 (6) If there is no acceptable purchaser of the property, the property shall be declared the
7341 property of the county. The county executive may sell or rent any property held in the name of
7342 the county at any time after the sale upon terms determined by the county legislative body.
7343 Section 163. Section 59-2-1309 is amended to read:
7344 59-2-1309. Publication of delinquency -- Seizure and sale -- Redemption --
7345 Distribution of proceeds.
7346 (1) On or before December 15 of each year, the commission shall publish [
7347
7348 described in Section 63F-1-701 a list of the delinquent rail car companies and state-assessed
7349 commercial vehicles. The list shall contain the names of the owners, when known, and a
7350 general description of the property assessed as to which the taxes are delinquent, and the
7351 amount of the delinquent taxes. The commission shall publish with the list a notice that unless
7352 the delinquent taxes, together with the penalty, are paid before December 21, the property of
7353 the delinquent or so much of it as may be necessary to pay the amount of the taxes, penalty, and
7354 interest at the rate prescribed in Section 59-1-402 from December 31 to the date of sale, shall
7355 be seized and sold for taxes, interest, and costs, the sale to be made at any time and place at the
7356 discretion of the commission. The provisions of law governing the seizure and sale by county
7357 treasurers of personal property for delinquent taxes shall apply to sales made by the
7358 commission under this section, except that notice of the time and place of the sale shall be
7359 given by publication [
7360 Notice Website as described in Section 63F-1-701 .
7361 (2) Property seized by the commission pursuant to this section may be redeemed, at
7362 any time prior to the sale, by payment of the full amount of taxes due from the delinquent
7363 together with all penalties, interest, and the costs then accrued.
7364 (3) All sums collected by the commission upon the sale or redemption of property
7365 pursuant to this section shall be immediately distributed as follows:
7366 (a) all interest, penalties, and costs to the appropriate county treasurer; and
7367 (b) any excess over the taxes, penalties, interest, and cost shall be deposited with the
7368 state treasurer subject to the order of the owner of the property sold, or the owner's heirs or
7369 assigns.
7370 Section 164. Section 59-2-1310 is amended to read:
7371 59-2-1310. Collection by seizure and sale -- Procedure -- Costs.
7372 (1) The treasurer shall collect the taxes delinquent on personal property assessed by the
7373 commission as determined by the assessor, except when sufficient real estate is liable for the
7374 tax, by seizure and sale of any personal property owned by the delinquent taxpayer.
7375 (2) The sale shall be at public auction, and of a sufficient amount of property to pay the
7376 taxes and costs, and when practicable shall be made in the city, town, or precinct where seized.
7377 (3) The sale shall be made after one week's notice of the time and place of the sale,
7378 given by publication [
7379 Public Notice Website as described in Section 63F-1-701 , and by posting in three public places
7380 in the county.
7381 (4) For seizing or selling personal property the treasurer may charge in each case the
7382 actual and necessary expenses for travel and seizing, handling, keeping, selling, or caring for
7383 property so seized or sold.
7384 (5) On payment of the price bid for any personal property sold, its delivery, with a bill
7385 of sale, vests title in the purchaser.
7386 (6) All excess of the proceeds of any sale over the taxes and costs shall be returned to
7387 the owner of the property sold, and until claimed shall be deposited in the county treasury and
7388 disposed of under Title 67, Chapter 4a, Unclaimed Property Act, subject to the order of the
7389 owner, or the owner's heirs or assigns.
7390 (7) If there is no acceptable purchaser of the property, the property shall be declared the
7391 property of the county. The county executive may sell or rent any property held in the name of
7392 the county at any time after the sale upon terms determined by the county legislative body.
7393 (8) The unsold portion of any property may be left at the place of sale at the risk of the
7394 owner.
7395 Section 165. Section 59-2-1332 is amended to read:
7396 59-2-1332. Extension of date of delinquency.
7397 (1) The county legislative body may, upon a petition of not less than 100 taxpayers or
7398 upon its own motion for good cause, by proclamation, extend the date when taxes become
7399 delinquent from November 30 to noon on December 30. If the county legislative body so
7400 extends this date, the county legislative body shall publish a notice of the proclamation
7401 covering this extension [
7402 Public Notice Website as described in Section 63F-1-701 at least two [
7403 before November 1 of the year in which the taxes are to be paid.
7404 (2) In all cases where the county legislative body extends the date when taxes become
7405 delinquent, the date for the selling of property to the county for delinquent taxes shall be
7406 extended 30 days from the dates provided by law.
7407 Section 166. Section 59-2-1332.5 is amended to read:
7408 59-2-1332.5. Mailing notice of delinquency or publication of delinquent list --
7409 Contents -- Notice -- Definitions.
7410 (1) The county treasurer shall provide notice of delinquency in the payment of property
7411 taxes:
7412 (a) except as provided in Subsection (4), on or before December 31 of each calendar
7413 year; and
7414 (b) in a manner described in Subsection (2).
7415 (2) A notice of delinquency in the payment of property taxes shall be provided by:
7416 (a) (i) mailing a written notice, postage prepaid:
7417 (A) to each delinquent taxpayer; and
7418 (B) that includes the information required by Subsection (3)(a); and
7419 (ii) making available to the public a list of delinquencies in the payment of property
7420 taxes:
7421 (A) by electronic means; and
7422 (B) that includes the information required by Subsection (3)(b); or
7423 (b) publishing a list of delinquencies in the payment of property taxes:
7424 (i) [
7425 Public Notice Website as described in Section 63F-1-701 ;
7426 (ii) that lists each delinquency in alphabetical order by:
7427 (A) the last name of the delinquent taxpayer; or
7428 (B) if the delinquent taxpayer is a business entity, the name of the business entity; and
7429 (iii) that includes the information required by Subsection (3)(b).
7430 (3) (a) A written notice of delinquency in the payment of property taxes described in
7431 Subsection (2)(a)(i) shall include:
7432 (i) a statement that delinquent taxes are due;
7433 (ii) the amount of delinquent taxes due, not including any penalties imposed in
7434 accordance with this chapter;
7435 (iii) (A) the name of the delinquent taxpayer; or
7436 (B) if the delinquent taxpayer is a business entity, the name of the business entity;
7437 (iv) (A) a description of the delinquent property; or
7438 (B) the property identification number of the delinquent property;
7439 (v) a statement that a penalty shall be imposed in accordance with this chapter; and
7440 (vi) a statement that interest accrues as of January 1 following the date of the
7441 delinquency unless before January 16 the following are paid:
7442 (A) the delinquent taxes; and
7443 (B) the penalty.
7444 (b) The list of delinquencies described in Subsection (2)(a)(ii) or (2)(b) shall include:
7445 (i) the amount of delinquent taxes due, not including any penalties imposed in
7446 accordance with this chapter;
7447 (ii) (A) the name of the delinquent taxpayer; or
7448 (B) if the delinquent taxpayer is a business entity, the name of the business entity;
7449 (iii) (A) a description of the delinquent property; or
7450 (B) the property identification number of the delinquent property;
7451 (iv) a statement that a penalty shall be imposed in accordance with this chapter; and
7452 (v) a statement that interest accrues as of January 1 following the date of the
7453 delinquency unless before January 16 the following are paid:
7454 (A) the delinquent taxes; and
7455 (B) the penalty.
7456 (4) Notwithstanding Subsection (1)(a), if the county legislative body extends the date
7457 when taxes become delinquent under Subsection 59-2-1332 (1), the notice of delinquency in the
7458 payment of property taxes shall be provided on or before January 10.
7459 (5) (a) In addition to the notice of delinquency in the payment of property taxes
7460 required by Subsection (1), a county treasurer may in accordance with this Subsection (5) mail
7461 a notice that property taxes are delinquent:
7462 (i) to:
7463 (A) a delinquent taxpayer;
7464 (B) an owner of record of the delinquent property;
7465 (C) any other interested party that requests notice; or
7466 (D) a combination of Subsections (5)(a)(i)(A) through (C); and
7467 (ii) at any time that the county treasurer considers appropriate.
7468 (b) A notice mailed in accordance with this Subsection (5):
7469 (i) shall include the information required by Subsection (3)(a); and
7470 (ii) may include any information that the county treasurer finds is useful to the owner
7471 of record of the delinquent property in determining:
7472 (A) the status of taxes owed on the delinquent property;
7473 (B) any penalty that is owed on the delinquent property;
7474 (C) any interest charged under Section 59-2-1331 on the delinquent property; or
7475 (D) any related matters concerning the delinquent property.
7476 (6) As used in this section, "business entity" means:
7477 (a) an association;
7478 (b) a corporation;
7479 (c) a limited liability company;
7480 (d) a partnership;
7481 (e) a trust; or
7482 (f) a business entity similar to Subsections (6)(a) through (e).
7483 Section 167. Section 59-2-1351 is amended to read:
7484 59-2-1351. Sales by county -- Notice of tax sale -- Entries on record.
7485 (1) (a) Upon receiving the tax sale listing from the county treasurer, the county auditor
7486 shall select a date for the tax sale for all real property on which a delinquency exists that was
7487 not previously redeemed and upon which the period of redemption is expiring in the nearest tax
7488 sale.
7489 (b) The tax sale shall be conducted in May or June of the current year.
7490 (2) Notice of the tax sale shall be provided as follows:
7491 (a) sent by certified and first class mail to the last-known recorded owner, the occupant
7492 of any improved property, and all other interests of record, as of the preceding March 15, at
7493 their last-known address; and
7494 (b) published four times [
7495
7496 of four successive weeks immediately preceding the date of sale; [
7497 (c) [
7498 county, as determined by the auditor, at least 25 but no more than 30 days prior to the date of
7499 sale.
7500 (3) The notice shall be in substantially the following form:
7501
7502 Notice is hereby given that on __________(month\day\year), at __ o'clock __. m., at
7503 the front door of the county courthouse in ____ County, Utah, I will offer for sale at public
7504 auction and sell to the highest bidder for cash, under the provisions of Section 59-2-1351.1 , the
7505 following described real property located in the county and now delinquent and subject to tax
7506 sale. A bid for less than the total amount of taxes, interest, penalty, and administrative costs
7507 which are a charge upon the real estate will not be accepted.
7508
7509 IN WITNESS WHEREOF I have hereunto set my hand and official seal on
7510 __________(month\day\year).
7511
_______________
7512
County Auditor
7513
_______________
7514
County
7515 (4) (a) The notice sent by certified mail in accordance with Subsection (2)(a) shall
7516 include:
7517 (i) the name and last-known address of the last-known recorded owner of the property
7518 to be sold;
7519 (ii) the parcel, serial, or account number of the delinquent property; and
7520 (iii) the legal description of the delinquent property.
7521 (b) The notice published [
7522 described in Section 63F-1-701 in accordance with Subsection (2)(b) shall include:
7523 (i) the name and last-known address of the last-known recorded owner of each parcel
7524 of property to be sold; and
7525 (ii) the street address or the parcel, serial, or account number of the delinquent parcels.
7526 Section 168. Section 59-12-402 is amended to read:
7527 59-12-402. Additional resort communities sales and use tax -- Base -- Rate --
7528 Collection fees -- Resolution and voter approval requirements -- Election requirements --
7529 Notice requirements -- Ordinance requirements.
7530 (1) (a) Subject to Subsections (2) through (6), the governing body of a municipality in
7531 which the transient room capacity as defined in Section 59-12-405 is greater than or equal to
7532 66% of the municipality's permanent census population may, in addition to the sales tax
7533 authorized under Section 59-12-401 , impose an additional resort communities sales tax in an
7534 amount that is less than or equal to .5% on the transactions described in Subsection
7535 59-12-103 (1) located within the municipality.
7536 (b) Notwithstanding Subsection (1)(a), the governing body of a municipality may not
7537 impose a tax under this section on:
7538 (i) the sale of:
7539 (A) a motor vehicle;
7540 (B) an aircraft;
7541 (C) a watercraft;
7542 (D) a modular home;
7543 (E) a manufactured home; or
7544 (F) a mobile home;
7545 (ii) the sales and uses described in Section 59-12-104 to the extent the sales and uses
7546 are exempt from taxation under Section 59-12-104 ; and
7547 (iii) except as provided in Subsection (1)(d), amounts paid or charged for food and
7548 food ingredients.
7549 (c) For purposes of this Subsection (1), the location of a transaction shall be
7550 determined in accordance with Sections 59-12-211 through 59-12-215 .
7551 (d) A municipality imposing a tax under this section shall impose the tax on amounts
7552 paid or charged for food and food ingredients if the food and food ingredients are sold as part
7553 of a bundled transaction attributable to food and food ingredients and tangible personal
7554 property other than food and food ingredients.
7555 (2) (a) An amount equal to the total of any costs incurred by the state in connection
7556 with the implementation of Subsection (1) which exceed, in any year, the revenues received by
7557 the state from its collection fees received in connection with the implementation of Subsection
7558 (1) shall be paid over to the state General Fund by the cities and towns which impose the tax
7559 provided for in Subsection (1).
7560 (b) Amounts paid under Subsection (2)(a) shall be allocated proportionally among
7561 those cities and towns according to the amount of revenue the respective cities and towns
7562 generate in that year through imposition of that tax.
7563 (3) To impose an additional resort communities sales tax under this section, the
7564 governing body of the municipality shall:
7565 (a) pass a resolution approving the tax; and
7566 (b) except as provided in Subsection (6), obtain voter approval for the tax as provided
7567 in Subsection (4).
7568 (4) To obtain voter approval for an additional resort communities sales tax under
7569 Subsection (3)(b), a municipality shall:
7570 (a) hold the additional resort communities sales tax election during:
7571 (i) a regular general election; or
7572 (ii) a municipal general election; and
7573 (b) publish notice of the election:
7574 (i) 15 days or more before the day on which the election is held; and
7575 (ii) [
7576 Notice Website as described in Section 63F-1-701 .
7577 (5) An ordinance approving an additional resort communities sales tax under this
7578 section shall provide an effective date for the tax as provided in Section 59-12-403 .
7579 (6) (a) Except as provided in Subsection (6)(b), a municipality is not subject to the
7580 voter approval requirements of Subsection (3)(b) if, on or before January 1, 1996, the
7581 municipality imposed a license fee or tax on businesses based on gross receipts pursuant to
7582 Section 10-1-203 .
7583 (b) The exception from the voter approval requirements in Subsection (6)(a) does not
7584 apply to a municipality that, on or before January 1, 1996, imposed a license fee or tax on only
7585 one class of businesses based on gross receipts pursuant to Section 10-1-203 .
7586 Section 169. Section 59-12-1001 is amended to read:
7587 59-12-1001. Authority to impose tax for highways or to fund a system for public
7588 transit -- Base -- Rate -- Ordinance requirements -- Voter approval requirements --
7589 Election requirements -- Notice of election requirements -- Exceptions to voter approval
7590 requirements -- Enactment or repeal of tax -- Effective date -- Notice requirements.
7591 (1) (a) A city or town in which the transactions described in Subsection 59-12-103 (1)
7592 are not subject to a sales and use tax under Section 59-12-501 may as provided in this part
7593 impose a sales and use tax of:
7594 (i) beginning on January 1, 1998, and ending on December 31, 2007, .25% on the
7595 transactions described in Subsection 59-12-103 (1) located within the city or town; or
7596 (ii) beginning on January 1, 2008, .30% on the transactions described in Subsection
7597 59-12-103 (1) located within the city or town.
7598 (b) Notwithstanding Subsection (1)(a), a city or town may not impose a tax under this
7599 section on:
7600 (i) the sales and uses described in Section 59-12-104 to the extent the sales and uses
7601 are exempt from taxation under Section 59-12-104 ; and
7602 (ii) except as provided in Subsection (1)(d), amounts paid or charged for food and food
7603 ingredients.
7604 (c) For purposes of this Subsection (1), the location of a transaction shall be
7605 determined in accordance with Sections 59-12-211 through 59-12-215 .
7606 (d) A city or town imposing a tax under this section shall impose the tax on amounts
7607 paid or charged for food and food ingredients if the food and food ingredients are sold as part
7608 of a bundled transaction attributable to food and food ingredients and tangible personal
7609 property other than food and food ingredients.
7610 (2) (a) A city or town imposing a tax under this part may use the revenues generated by
7611 the tax:
7612 (i) for the construction and maintenance of highways under the jurisdiction of the city
7613 or town imposing the tax;
7614 (ii) subject to Subsection (2)(b), to fund a system for public transit; or
7615 (iii) for a combination of the purposes described in Subsections (2)(a)(i) and (ii).
7616 (b) (i) For purposes of Subsection (2)(a)(ii) and except as provided in Subsection
7617 (2)(b)(ii), "public transit" is as defined in Section 17B-2a-802 .
7618 (ii) Notwithstanding Subsection (2)(b)(i), "public transit" does not include a fixed
7619 guideway system.
7620 (3) To impose a tax under this part, the governing body of the city or town shall:
7621 (a) pass an ordinance approving the tax; and
7622 (b) except as provided in Subsection (7) or (8), obtain voter approval for the tax as
7623 provided in Subsection (4).
7624 (4) To obtain voter approval for a tax under Subsection (3)(b), a city or town shall:
7625 (a) hold an election during:
7626 (i) a regular general election; or
7627 (ii) a municipal general election; and
7628 (b) publish notice of the election:
7629 (i) 15 days or more before the day on which the election is held; and
7630 (ii) [
7631 Notice Website as described in Section 63F-1-701 .
7632 (5) An ordinance approving a tax under this part shall provide an effective date for the
7633 tax as provided in Subsection (6).
7634 (6) (a) For purposes of this Subsection (6):
7635 (i) "Annexation" means an annexation to a city or town under Title 10, Chapter 2, Part
7636 4, Annexation.
7637 (ii) "Annexing area" means an area that is annexed into a city or town.
7638 (b) (i) Except as provided in Subsection (6)(c) or (d), if, on or after April 1, 2008, a city
7639 or town enacts or repeals a tax under this part, the enactment or repeal shall take effect:
7640 (A) on the first day of a calendar quarter; and
7641 (B) after a 90-day period beginning on the date the commission receives notice meeting
7642 the requirements of Subsection (6)(b)(ii) from the city or town.
7643 (ii) The notice described in Subsection (6)(b)(i)(B) shall state:
7644 (A) that the city or town will enact or repeal a tax under this part;
7645 (B) the statutory authority for the tax described in Subsection (6)(b)(ii)(A);
7646 (C) the effective date of the tax described in Subsection (6)(b)(ii)(A); and
7647 (D) if the city or town enacts the tax described in Subsection (6)(b)(ii)(A), the rate of
7648 the tax.
7649 (c) (i) The enactment of a tax shall take effect on the first day of the first billing period:
7650 (A) that begins after the effective date of the enactment of the tax; and
7651 (B) if the billing period for the transaction begins before the effective date of the
7652 enactment of the tax under Subsection (1).
7653 (ii) The repeal of a tax shall take effect on the first day of the last billing period:
7654 (A) that began before the effective date of the repeal of the tax; and
7655 (B) if the billing period for the transaction begins before the effective date of the repeal
7656 of the tax imposed under Subsection (1).
7657 (d) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
7658 sales and use tax rates published in the catalogue, an enactment or repeal of a tax described in
7659 Subsection (6)(b)(i) takes effect:
7660 (A) on the first day of a calendar quarter; and
7661 (B) beginning 60 days after the effective date of the enactment or repeal under
7662 Subsection (6)(b)(i).
7663 (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7664 commission may by rule define the term "catalogue sale."
7665 (e) (i) Except as provided in Subsection (6)(f) or (g), if, for an annexation that occurs
7666 on or after July 1, 2004, the annexation will result in the enactment or repeal of a tax under this
7667 part for an annexing area, the enactment or repeal shall take effect:
7668 (A) on the first day of a calendar quarter; and
7669 (B) after a 90-day period beginning on the date the commission receives notice meeting
7670 the requirements of Subsection (6)(e)(ii) from the city or town that annexes the annexing area.
7671 (ii) The notice described in Subsection (6)(e)(i)(B) shall state:
7672 (A) that the annexation described in Subsection (6)(e)(i) will result in an enactment or
7673 repeal of a tax under this part for the annexing area;
7674 (B) the statutory authority for the tax described in Subsection (6)(e)(ii)(A);
7675 (C) the effective date of the tax described in Subsection (6)(e)(ii)(A); and
7676 (D) the rate of the tax described in Subsection (6)(e)(ii)(A).
7677 (f) (i) The enactment of a tax shall take effect on the first day of the first billing period:
7678 (A) that begins after the effective date of the enactment of the tax; and
7679 (B) if the billing period for the transaction begins before the effective date of the
7680 enactment of the tax under Subsection (1).
7681 (ii) The repeal of a tax shall take effect on the first day of the last billing period:
7682 (A) that began before the effective date of the repeal of the tax; and
7683 (B) if the billing period for the transaction begins before the effective date of the repeal
7684 of the tax imposed under Subsection (1).
7685 (g) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
7686 sales and use tax rates published in the catalogue, an enactment or repeal of a tax described in
7687 Subsection (6)(e)(i) takes effect:
7688 (A) on the first day of a calendar quarter; and
7689 (B) beginning 60 days after the effective date of the enactment or repeal under
7690 Subsection (6)(e)(i).
7691 (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7692 commission may by rule define the term "catalogue sale."
7693 (7) (a) Except as provided in Subsection (7)(b), a city or town is not subject to the
7694 voter approval requirements of Subsection (3)(b) if:
7695 (i) on or before January 1, 1996, the city or town imposed a license fee or tax on
7696 businesses based on gross receipts pursuant to Section 10-1-203 ; or
7697 (ii) the city or town:
7698 (A) on or before June 30, 2002, obtained voter approval in accordance with Subsection
7699 (3)(b) to impose a tax under this part for a purpose described in Subsection (2)(a)(i); and
7700 (B) on or after July 1, 2002, uses the revenues generated by a tax under this part for a
7701 purpose described in Subsection (2)(a).
7702 (b) The exception from the voter approval requirements in Subsection (7)(a)(i) does not
7703 apply to a city or town that, on or before January 1, 1996, imposed a license fee or tax on only
7704 one class of businesses based on gross receipts pursuant to Section 10-1-203 .
7705 (8) A city or town is not subject to the voter approval requirements of Subsection
7706 (3)(b) if:
7707 (a) on December 31, 2007, the city or town imposes a tax of .25% under this section;
7708 and
7709 (b) on or after January 1, 2008, the city or town increases the tax rate under this section
7710 to .30%.
7711 Section 170. Section 59-12-1102 is amended to read:
7712 59-12-1102. Base -- Rate -- Imposition of tax -- Distribution of revenue --
7713 Administration -- Enactment or repeal of tax -- Effective date -- Notice requirements.
7714 (1) (a) (i) Subject to Subsections (2) through (5), and in addition to any other tax
7715 authorized by this chapter, a county may impose by ordinance a county option sales and use tax
7716 of .25% upon the transactions described in Subsection 59-12-103 (1).
7717 (ii) Notwithstanding Subsection (1)(a)(i), a county may not impose a tax under this
7718 section on the sales and uses described in Section 59-12-104 to the extent the sales and uses are
7719 exempt from taxation under Section 59-12-104 .
7720 (b) For purposes of this Subsection (1), the location of a transaction shall be
7721 determined in accordance with Sections 59-12-211 through 59-12-215 .
7722 (c) The county option sales and use tax under this section shall be imposed:
7723 (i) upon transactions that are located within the county, including transactions that are
7724 located within municipalities in the county; and
7725 (ii) except as provided in Subsection (1)(d) or (5), beginning on the first day of
7726 January:
7727 (A) of the next calendar year after adoption of the ordinance imposing the tax if the
7728 ordinance is adopted on or before May 25; or
7729 (B) of the second calendar year after adoption of the ordinance imposing the tax if the
7730 ordinance is adopted after May 25.
7731 (d) Notwithstanding Subsection (1)(c)(ii), the county option sales and use tax under
7732 this section shall be imposed:
7733 (i) beginning January 1, 1998, if an ordinance adopting the tax imposed on or before
7734 September 4, 1997; or
7735 (ii) beginning January 1, 1999, if an ordinance adopting the tax is imposed during 1997
7736 but after September 4, 1997.
7737 (2) (a) Before imposing a county option sales and use tax under Subsection (1), a
7738 county shall hold two public hearings on separate days in geographically diverse locations in
7739 the county.
7740 (b) (i) At least one of the hearings required by Subsection (2)(a) shall have a starting
7741 time of no earlier than 6 p.m.
7742 (ii) The earlier of the hearings required by Subsection (2)(a) shall be no less than seven
7743 days after the day the first advertisement required by Subsection (2)(c) is published.
7744 (c) (i) Before holding the public hearings required by Subsection (2)(a), the county
7745 shall advertise [
7746 Website as described in Section 63F-1-701 :
7747 (A) its intent to adopt a county option sales and use tax;
7748 (B) the date, time, and location of each public hearing; and
7749 (C) a statement that the purpose of each public hearing is to obtain public comments
7750 regarding the proposed tax.
7751 (ii) The advertisement shall be published once each week for the two weeks preceding
7752 the earlier of the two public hearings.
7753 [
7754
7755 [
7756
7757 [
7758 [
7759
7760 [
7761
7762 (d) The adoption of an ordinance imposing a county option sales and use tax is subject
7763 to a local referendum election and shall be conducted as provided in Title 20A, Chapter 7, Part
7764 6, Local Referenda - Procedures.
7765 (3) (a) If the aggregate population of the counties imposing a county option sales and
7766 use tax under Subsection (1) is less than 75% of the state population, the tax levied under
7767 Subsection (1) shall be distributed to the county in which the tax was collected.
7768 (b) If the aggregate population of the counties imposing a county option sales and use
7769 tax under Subsection (1) is greater than or equal to 75% of the state population:
7770 (i) 50% of the tax collected under Subsection (1) in each county shall be distributed to
7771 the county in which the tax was collected; and
7772 (ii) except as provided in Subsection (3)(c), 50% of the tax collected under Subsection
7773 (1) in each county shall be distributed proportionately among all counties imposing the tax,
7774 based on the total population of each county.
7775 (c) If the amount to be distributed annually to a county under Subsection (3)(b)(ii),
7776 when combined with the amount distributed to the county under Subsection (3)(b)(i), does not
7777 equal at least $75,000, then:
7778 (i) the amount to be distributed annually to that county under Subsection (3)(b)(ii) shall
7779 be increased so that, when combined with the amount distributed to the county under
7780 Subsection (3)(b)(i), the amount distributed annually to the county is $75,000; and
7781 (ii) the amount to be distributed annually to all other counties under Subsection
7782 (3)(b)(ii) shall be reduced proportionately to offset the additional amount distributed under
7783 Subsection (3)(c)(i).
7784 (d) The commission shall establish rules to implement the distribution of the tax under
7785 Subsections (3)(a), (b), and (c).
7786 (4) (a) Except as provided in Subsection (4)(b) or (c), a tax authorized under this part
7787 shall be administered, collected, and enforced in accordance with:
7788 (i) the same procedures used to administer, collect, and enforce the tax under:
7789 (A) Part 1, Tax Collection; or
7790 (B) Part 2, Local Sales and Use Tax Act; and
7791 (ii) Chapter 1, General Taxation Policies.
7792 (b) Notwithstanding Subsection (4)(a), a tax under this part is not subject to
7793 Subsections 59-12-205 (2) through (6).
7794 (c) Notwithstanding Subsection (4)(a), the fee charged by the commission under
7795 Section 59-12-206 shall be based on the distribution amounts resulting after all the applicable
7796 distribution calculations under Subsection (3) have been made.
7797 (5) (a) For purposes of this Subsection (5):
7798 (i) "Annexation" means an annexation to a county under Title 17, Chapter 2,
7799 Annexation to County.
7800 (ii) "Annexing area" means an area that is annexed into a county.
7801 (b) (i) Except as provided in Subsection (5)(c) or (d), if, on or after July 1, 2004, a
7802 county enacts or repeals a tax under this part:
7803 (A) (I) the enactment shall take effect as provided in Subsection (1)(c); or
7804 (II) the repeal shall take effect on the first day of a calendar quarter; and
7805 (B) after a 90-day period beginning on the date the commission receives notice meeting
7806 the requirements of Subsection (5)(b)(ii) from the county.
7807 (ii) The notice described in Subsection (5)(b)(i)(B) shall state:
7808 (A) that the county will enact or repeal a tax under this part;
7809 (B) the statutory authority for the tax described in Subsection (5)(b)(ii)(A);
7810 (C) the effective date of the tax described in Subsection (5)(b)(ii)(A); and
7811 (D) if the county enacts the tax described in Subsection (5)(b)(ii)(A), the rate of the
7812 tax.
7813 (c) (i) The enactment of a tax shall take effect on the first day of the first billing period:
7814 (A) that begins after the effective date of the enactment of the tax; and
7815 (B) if the billing period for the transaction begins before the effective date of the
7816 enactment of the tax under Subsection (1).
7817 (ii) The repeal of a tax shall take effect on the first day of the last billing period:
7818 (A) that began before the effective date of the repeal of the tax; and
7819 (B) if the billing period for the transaction begins before the effective date of the repeal
7820 of the tax imposed under Subsection (1).
7821 (d) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
7822 sales and use tax rates published in the catalogue, an enactment or repeal of a tax described in
7823 Subsection (5)(b)(i) takes effect:
7824 (A) on the first day of a calendar quarter; and
7825 (B) beginning 60 days after the effective date of the enactment or repeal under
7826 Subsection (5)(b)(i).
7827 (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7828 commission may by rule define the term "catalogue sale."
7829 (e) (i) Except as provided in Subsection (5)(f) or (g), if, for an annexation that occurs
7830 on or after July 1, 2004, the annexation will result in the enactment or repeal of a tax under this
7831 part for an annexing area, the enactment or repeal shall take effect:
7832 (A) on the first day of a calendar quarter; and
7833 (B) after a 90-day period beginning on the date the commission receives notice meeting
7834 the requirements of Subsection (5)(e)(ii) from the county that annexes the annexing area.
7835 (ii) The notice described in Subsection (5)(e)(i)(B) shall state:
7836 (A) that the annexation described in Subsection (5)(e)(i) will result in an enactment or
7837 repeal of a tax under this part for the annexing area;
7838 (B) the statutory authority for the tax described in Subsection (5)(e)(ii)(A);
7839 (C) the effective date of the tax described in Subsection (5)(e)(ii)(A); and
7840 (D) the rate of the tax described in Subsection (5)(e)(ii)(A).
7841 (f) (i) The enactment of a tax shall take effect on the first day of the first billing period:
7842 (A) that begins after the effective date of the enactment of the tax; and
7843 (B) if the billing period for the transaction begins before the effective date of the
7844 enactment of the tax under Subsection (1).
7845 (ii) The repeal of a tax shall take effect on the first day of the last billing period:
7846 (A) that began before the effective date of the repeal of the tax; and
7847 (B) if the billing period for the transaction begins before the effective date of the repeal
7848 of the tax imposed under Subsection (1).
7849 (g) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
7850 sales and use tax rates published in the catalogue, an enactment or repeal of a tax described in
7851 Subsection (5)(e)(i) takes effect:
7852 (A) on the first day of a calendar quarter; and
7853 (B) beginning 60 days after the effective date of the enactment or repeal under
7854 Subsection (5)(e)(i).
7855 (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7856 commission may by rule define the term "catalogue sale."
7857 Section 171. Section 63B-1-317 is amended to read:
7858 63B-1-317. Publication of resolution or other proceeding -- Contest of
7859 proceedings -- Mandamus to compel official to sign obligations.
7860 (1) The authority may provide for the publication of any resolution it adopts for the
7861 authorization of obligations under this part [
7862
7863 (2) In case of resolution or other proceeding providing for the issuance of obligations
7864 under this part, the authority may, in lieu of publishing the entire resolution or other
7865 proceeding, publish a notice of obligations to be issued, titled as such, containing:
7866 (a) the name of the authority;
7867 (b) the purpose of the issue;
7868 (c) the type of obligations and the principal amount to be issued;
7869 (d) the maximum maturity of the obligations;
7870 (e) the maximum net effective rate of interest payable on the issue of obligations;
7871 (f) the maximum discount from par which is to be permitted if the obligations may be
7872 sold at a discount below par value; and
7873 (g) the times and place where a copy of the resolution or other proceeding may be
7874 examined, during regular business hours, for a period of at least 30 days after the publication of
7875 the notice.
7876 (3) (a) For a period of 30 days after the date of publication under Subsection (1) or (2),
7877 any interested person may contest the legality of the resolution, of the obligations authorized by
7878 it, or any of the provisions made for the security and payment of these obligations.
7879 (b) After this period, no one shall have any cause of action to contest the regularity,
7880 formality, or legality of same for any cause whatsoever, except as provided in Subsection (4).
7881 (4) (a) If any official required to sign the obligations refuses to sign them because the
7882 official alleges that the obligations to be signed are illegal, the authority may bring an original
7883 action in the supreme court for a writ of mandamus requiring the official to sign the
7884 obligations.
7885 (b) Because of the importance of the facilities construction and acquisition program
7886 provided for in this part, the Utah Supreme Court shall:
7887 (i) give this action precedence over any other matters pending before the court; and
7888 (ii) consider and determine these matters at the earliest possible time.
7889 Section 172. Section 63B-1a-501 is amended to read:
7890 63B-1a-501. Publication of resolution or notice -- Limitation on actions to contest
7891 legality.
7892 (1) The commission may either:
7893 (a) publish once [
7894 Notice Website as described in Section 63F-1-701 any resolution adopted by it; or
7895 (b) in lieu of publishing the entire resolution, publish a notice of bonds to be issued,
7896 titled as such, containing:
7897 (i) the purpose of the bond issue;
7898 (ii) the type of bonds and the maximum principal amount that may be issued;
7899 (iii) the maximum number of years over which the bonds may mature;
7900 (iv) the maximum interest rate that the bonds may bear, if any;
7901 (v) the maximum discount from par, expressed as a percentage of principal amount, at
7902 which the bonds may be sold; and
7903 (vi) that a copy of the resolution or other proceedings may be examined at the office of
7904 the state treasurer during regular business hours for at least 30 days after the publication of the
7905 notice.
7906 (2) For 30 days after the date of publication, any interested person may contest:
7907 (a) the legality of the resolution;
7908 (b) any of the bonds authorized under it; or
7909 (c) any of the provisions made for the repayment of the bonds.
7910 (3) After 30 days, a person may not, for any cause, contest:
7911 (a) the legality of the resolution;
7912 (b) any of the bonds authorized under the resolution; or
7913 (c) any of the provisions made for the security and repayment of the bonds.
7914 Section 173. Section 63B-2-116 is amended to read:
7915 63B-2-116. Publication of resolution or notice -- Limitation on actions to contest
7916 legality.
7917 (1) The commission may:
7918 (a) publish any resolution it adopts under this chapter once [
7919
7920 63F-1-701 ; or
7921 (b) in lieu of publishing the entire resolution, publish a notice of bonds to be issued,
7922 titled as such, containing the information required in Subsection 11-14-316 (2).
7923 (2) (a) Any interested person, for 30 days after the date of publication, may contest:
7924 (i) the legality of the resolution;
7925 (ii) any of the bonds authorized under it; or
7926 (iii) any of the provisions made for the security and repayment of the bonds.
7927 (b) After 30 days, a person may not contest the legality of the resolution, any of the
7928 bonds authorized under it, or any of the provisions made for the security and repayment of the
7929 bonds for any cause.
7930 Section 174. Section 63B-2-216 is amended to read:
7931 63B-2-216. Publication of resolution or notice -- Limitation on actions to contest
7932 legality.
7933 (1) The commission may:
7934 (a) publish any resolution it adopts under this chapter once [
7935
7936 63F-1-701 ; or
7937 (b) in lieu of publishing the entire resolution, publish a notice of bonds to be issued,
7938 titled as such, containing the information required by Subsection 11-14-316 (2).
7939 (2) (a) Any interested person, for 30 days after the date of publication, may contest:
7940 (i) the legality of the resolution;
7941 (ii) any of the bonds authorized under it; or
7942 (iii) any of the provisions made for the security and repayment of the bonds.
7943 (b) After 30 days, a person may not contest the legality of the resolution, any of the
7944 bonds authorized under it, or any of the provisions made for the security and repayment of the
7945 bonds for any cause.
7946 Section 175. Section 63B-3-116 is amended to read:
7947 63B-3-116. Publication of resolution or notice -- Limitation on actions to contest
7948 legality.
7949 (1) The commission may:
7950 (a) publish any resolution it adopts under this chapter once [
7951
7952 63F-1-701 ; or
7953 (b) in lieu of publishing the entire resolution, publish a notice of bonds to be issued,
7954 titled as such, containing the information required in Subsection 11-14-316 (2).
7955 (2) (a) Any interested person, for 30 days after the date of publication, may contest:
7956 (i) the legality of the resolution;
7957 (ii) any of the bonds authorized under it; or
7958 (iii) any of the provisions made for the security and repayment of the bonds.
7959 (b) After 30 days, a person may not contest the legality of the resolution, any of the
7960 bonds authorized under it, or any of the provisions made for the security and repayment of the
7961 bonds for any cause.
7962 Section 176. Section 63B-3-216 is amended to read:
7963 63B-3-216. Publication of resolution or notice -- Limitation on actions to contest
7964 legality.
7965 (1) The commission may:
7966 (a) publish any resolution it adopts under this chapter once [
7967
7968 63F-1-701 ; or
7969 (b) in lieu of publishing the entire resolution, publish a notice of bonds to be issued,
7970 titled as such, containing the information required by Subsection 11-14-316 (2).
7971 (2) (a) Any interested person, for 30 days after the date of publication, may contest:
7972 (i) the legality of the resolution;
7973 (ii) any of the bonds authorized under it; or
7974 (iii) any of the provisions made for the security and repayment of the bonds.
7975 (b) After 30 days, a person may not contest the legality of the resolution, any of the
7976 bonds authorized under it, or any of the provisions made for the security and repayment of the
7977 bonds for any cause.
7978 Section 177. Section 63B-4-116 is amended to read:
7979 63B-4-116. Publication of resolution or notice -- Limitation on actions to contest
7980 legality.
7981 (1) The commission may:
7982 (a) publish any resolution it adopts under this chapter once [
7983
7984 63F-1-701 ; or
7985 (b) in lieu of publishing the entire resolution, publish a notice of bonds to be issued,
7986 titled as such, containing the information required in Subsection 11-14-316 (2).
7987 (2) (a) Any interested person, for 30 days after the date of publication, may contest:
7988 (i) the legality of the resolution;
7989 (ii) any of the bonds authorized under it; or
7990 (iii) any of the provisions made for the security and repayment of the bonds.
7991 (b) After 30 days, a person may not contest the legality of the resolution, any of the
7992 bonds authorized under it, or any of the provisions made for the security and repayment of the
7993 bonds for any cause.
7994 Section 178. Section 63B-5-116 is amended to read:
7995 63B-5-116. Publication of resolution or notice -- Limitation on actions to contest
7996 legality.
7997 (1) The commission may:
7998 (a) publish any resolution it adopts under this chapter once [
7999
8000 63F-1-701 ; or
8001 (b) in lieu of publishing the entire resolution, publish a notice of bonds to be issued,
8002 titled as such, containing the information required in Subsection 11-14-316 (2).
8003 (2) (a) Any interested person, for 30 days after the date of publication, may contest:
8004 (i) the legality of the resolution;
8005 (ii) any of the bonds authorized under it; or
8006 (iii) any of the provisions made for the security and repayment of the bonds.
8007 (b) After 30 days, a person may not contest the legality of the resolution, any of the
8008 bonds authorized under it, or any of the provisions made for the security and repayment of the
8009 bonds for any cause.
8010 Section 179. Section 63B-6-116 is amended to read:
8011 63B-6-116. Publication of resolution or notice -- Limitation on actions to contest
8012 legality.
8013 (1) The commission may:
8014 (a) publish any resolution it adopts under this chapter once [
8015
8016 63F-1-701 ; or
8017 (b) in lieu of publishing the entire resolution, publish a notice of bonds to be issued,
8018 titled as such, containing the information required in Subsection 11-14-316 (2).
8019 (2) (a) Any interested person, for 30 days after the date of publication, may contest:
8020 (i) the legality of the resolution;
8021 (ii) any of the bonds authorized under it; or
8022 (iii) any of the provisions made for the security and repayment of the bonds.
8023 (b) After 30 days, a person may not contest the legality of the resolution, any of the
8024 bonds authorized under it, or any of the provisions made for the security and repayment of the
8025 bonds for any cause.
8026 Section 180. Section 63B-6-216 is amended to read:
8027 63B-6-216. Publication of resolution or notice -- Limitation on actions to contest
8028 legality.
8029 (1) The commission may:
8030 (a) publish any resolution it adopts under this chapter once [
8031
8032 63F-1-701 ; or
8033 (b) in lieu of publishing the entire resolution, publish a notice of bonds to be issued,
8034 titled as such, containing the information required by Subsection 11-14-316 (2).
8035 (2) (a) Any interested person, for 30 days after the date of publication, may contest:
8036 (i) the legality of the resolution;
8037 (ii) any of the bonds authorized under it; or
8038 (iii) any of the provisions made for the security and repayment of the bonds.
8039 (b) After 30 days, a person may not contest the legality of the resolution, any of the
8040 bonds authorized under it, or any of the provisions made for the security and repayment of the
8041 bonds for any cause.
8042 Section 181. Section 63B-6-416 is amended to read:
8043 63B-6-416. Publication of resolution or notice -- Limitation on actions to contest
8044 legality.
8045 (1) The commission may:
8046 (a) publish any resolution it adopts under this chapter once [
8047
8048 63F-1-701 ; or
8049 (b) in lieu of publishing the entire resolution, publish a notice of bonds to be issued,
8050 titled as such, containing the information required in Subsection 11-14-316 (2).
8051 (2) (a) Any interested person, for 30 days after the date of publication, may contest:
8052 (i) the legality of the resolution;
8053 (ii) any of the bonds authorized under it; or
8054 (iii) any of the provisions made for the security and repayment of the bonds.
8055 (b) After 30 days, a person may not contest the legality of the resolution, any of the
8056 bonds authorized under it, or any of the provisions made for the security and repayment of the
8057 bonds for any cause.
8058 Section 182. Section 63B-7-116 is amended to read:
8059 63B-7-116. Publication of resolution or notice -- Limitation on actions to contest
8060 legality.
8061 (1) The commission may:
8062 (a) publish any resolution it adopts under this chapter once [
8063
8064 63F-1-701 ; or
8065 (b) in lieu of publishing the entire resolution, publish a notice of bonds to be issued,
8066 titled as such, containing the information required in Subsection 11-14-316 (2).
8067 (2) (a) Any interested person, for 30 days after the date of publication, may contest:
8068 (i) the legality of the resolution;
8069 (ii) any of the bonds authorized under it; or
8070 (iii) any of the provisions made for the security and repayment of the bonds.
8071 (b) After 30 days, a person may not contest the legality of the resolution, any of the
8072 bonds authorized under it, or any of the provisions made for the security and repayment of the
8073 bonds for any cause.
8074 Section 183. Section 63B-7-216 is amended to read:
8075 63B-7-216. Publication of resolution or notice -- Limitation on actions to contest
8076 legality.
8077 (1) The commission may:
8078 (a) publish any resolution it adopts under this chapter once [
8079
8080 63F-1-701 ; or
8081 (b) in lieu of publishing the entire resolution, publish a notice of bonds to be issued,
8082 titled as such, containing the information required by Subsection 11-14-316 (2).
8083 (2) (a) Any interested person, for 30 days after the date of publication, may contest:
8084 (i) the legality of the resolution;
8085 (ii) any of the bonds authorized under it; or
8086 (iii) any of the provisions made for the security and repayment of the bonds.
8087 (b) After 30 days, a person may not contest the legality of the resolution, any of the
8088 bonds authorized under it, or any of the provisions made for the security and repayment of the
8089 bonds for any cause.
8090 Section 184. Section 63B-7-416 is amended to read:
8091 63B-7-416. Publication of resolution or notice -- Limitation on actions to contest
8092 legality.
8093 (1) The commission may:
8094 (a) publish any resolution it adopts under this chapter once [
8095
8096 63F-1-701 ; or
8097 (b) in lieu of publishing the entire resolution, publish a notice of bonds to be issued,
8098 titled as such, containing the information required in Subsection 11-14-316 (2).
8099 (2) (a) Any interested person, for 30 days after the date of publication, may contest:
8100 (i) the legality of the resolution;
8101 (ii) any of the bonds authorized under it; or
8102 (iii) any of the provisions made for the security and repayment of the bonds.
8103 (b) After 30 days, a person may not contest the legality of the resolution, any of the
8104 bonds authorized under it, or any of the provisions made for the security and repayment of the
8105 bonds for any cause.
8106 Section 185. Section 63B-8-116 is amended to read:
8107 63B-8-116. Publication of resolution or notice -- Limitation on actions to contest
8108 legality.
8109 (1) The commission may:
8110 (a) publish any resolution it adopts under this chapter once [
8111
8112 63F-1-701 ; or
8113 (b) in lieu of publishing the entire resolution, publish a notice of bonds to be issued,
8114 titled as such, containing the information required in Subsection 11-14-316 (2).
8115 (2) (a) Any interested person, for 30 days after the date of publication, may contest:
8116 (i) the legality of the resolution;
8117 (ii) any of the bonds authorized under it; or
8118 (iii) any of the provisions made for the security and repayment of the bonds.
8119 (b) After 30 days, a person may not contest the legality of the resolution, any of the
8120 bonds authorized under it, or any of the provisions made for the security and repayment of the
8121 bonds for any cause.
8122 Section 186. Section 63B-8-216 is amended to read:
8123 63B-8-216. Publication of resolution or notice -- Limitation on actions to contest
8124 legality.
8125 (1) The commission may:
8126 (a) publish any resolution it adopts under this chapter once [
8127
8128 63F-1-701 ; or
8129 (b) in lieu of publishing the entire resolution, publish a notice of bonds to be issued,
8130 titled as such, containing the information required by Subsection 11-14-316 (2).
8131 (2) (a) Any interested person, for 30 days after the date of publication, may contest:
8132 (i) the legality of the resolution;
8133 (ii) any of the bonds authorized under it; or
8134 (iii) any of the provisions made for the security and repayment of the bonds.
8135 (b) After 30 days, a person may not contest the legality of the resolution, any of the
8136 bonds authorized under it, or any of the provisions made for the security and repayment of the
8137 bonds for any cause.
8138 Section 187. Section 63B-8-416 is amended to read:
8139 63B-8-416. Publication of resolution or notice -- Limitation on actions to contest
8140 legality.
8141 (1) The commission may:
8142 (a) publish any resolution it adopts under this chapter once [
8143
8144 63F-1-701 ; or
8145 (b) in lieu of publishing the entire resolution, publish a notice of bonds to be issued,
8146 titled as such, containing the information required in Subsection 11-14-316 (2).
8147 (2) (a) Any interested person, for 30 days after the date of publication, may contest:
8148 (i) the legality of the resolution;
8149 (ii) any of the bonds authorized under it; or
8150 (iii) any of the provisions made for the security and repayment of the bonds.
8151 (b) After 30 days, a person may not contest the legality of the resolution, any of the
8152 bonds authorized under it, or any of the provisions made for the security and repayment of the
8153 bonds for any cause.
8154 Section 188. Section 63B-10-116 is amended to read:
8155 63B-10-116. Publication of resolution or notice -- Limitation on actions to contest
8156 legality.
8157 (1) The commission may:
8158 (a) publish any resolution it adopts under this chapter once [
8159
8160 63F-1-701 ; or
8161 (b) in lieu of publishing the entire resolution, publish a notice of bonds to be issued,
8162 titled as such, containing the information required by Subsection 11-14-316 (2).
8163 (2) (a) Any interested person, for 30 days after the date of publication, may contest:
8164 (i) the legality of the resolution;
8165 (ii) any of the bonds authorized under it; or
8166 (iii) any of the provisions made for the security and repayment of the bonds.
8167 (b) After 30 days, a person may not contest the legality of the resolution, any of the
8168 bonds authorized under it, or any of the provisions made for the security and repayment of the
8169 bonds for any cause.
8170 Section 189. Section 63B-11-116 is amended to read:
8171 63B-11-116. Publication of resolution or notice -- Limitation on actions to contest
8172 legality.
8173 (1) The commission may:
8174 (a) publish any resolution it adopts under this chapter once [
8175
8176 63F-1-701 ; or
8177 (b) in lieu of publishing the entire resolution, publish a notice of bonds to be issued,
8178 titled as such, containing the information required in Subsection 11-14-316 (2).
8179 (2) (a) Any interested person, for 30 days after the date of publication, may contest:
8180 (i) the legality of the resolution;
8181 (ii) any of the bonds authorized under it; or
8182 (iii) any of the provisions made for the security and repayment of the bonds.
8183 (b) After 30 days, a person may not contest the legality of the resolution, any of the
8184 bonds authorized under it, or any of the provisions made for the security and repayment of the
8185 bonds for any cause.
8186 Section 190. Section 63B-11-216 is amended to read:
8187 63B-11-216. Publication of resolution or notice -- Limitation on actions to contest
8188 legality.
8189 (1) The commission may:
8190 (a) publish any resolution it adopts under this chapter once [
8191
8192 63F-1-701 ; or
8193 (b) in lieu of publishing the entire resolution, publish a notice of bonds to be issued,
8194 titled as such, containing the information required in Subsection 11-14-316 (2).
8195 (2) (a) Any interested person, for 30 days after the date of publication, may contest:
8196 (i) the legality of the resolution;
8197 (ii) any of the bonds authorized under it; or
8198 (iii) any of the provisions made for the security and repayment of the bonds.
8199 (b) After 30 days, a person may not contest the legality of the resolution, any of the
8200 bonds authorized under it, or any of the provisions made for the security and repayment of the
8201 bonds for any cause.
8202 Section 191. Section 63B-11-316 is amended to read:
8203 63B-11-316. Publication of resolution or notice -- Limitation on actions to contest
8204 legality.
8205 (1) The commission may:
8206 (a) publish any resolution it adopts under this chapter once [
8207
8208 63F-1-701 ; or
8209 (b) in lieu of publishing the entire resolution, publish a notice of bonds to be issued,
8210 titled as such, containing the information required by Subsection 11-14-316 (2).
8211 (2) (a) Any interested person, for 30 days after the date of publication, may contest:
8212 (i) the legality of the resolution;
8213 (ii) any of the bonds authorized under it; or
8214 (iii) any of the provisions made for the security and repayment of the bonds.
8215 (b) After 30 days, a person may not contest the legality of the resolution, any of the
8216 bonds authorized under it, or any of the provisions made for the security and repayment of the
8217 bonds for any cause.
8218 Section 192. Section 63B-11-516 is amended to read:
8219 63B-11-516. Publication of resolution or notice -- Limitation on actions to contest
8220 legality.
8221 (1) The commission may:
8222 (a) publish any resolution it adopts under this chapter once [
8223
8224 63F-1-701 ; or
8225 (b) in lieu of publishing the entire resolution, publish a notice of bonds to be issued,
8226 titled as such, containing the information required by Subsection 11-14-316 (2).
8227 (2) (a) Any interested person, for 30 days after the date of publication, may contest:
8228 (i) the legality of the resolution;
8229 (ii) any of the bonds authorized under it; or
8230 (iii) any of the provisions made for the security and repayment of the bonds.
8231 (b) After 30 days, a person may not contest the legality of the resolution, any of the
8232 bonds authorized under it, or any of the provisions made for the security and repayment of the
8233 bonds for any cause.
8234 Section 193. Section 63C-7-306 is amended to read:
8235 63C-7-306. Publication of notice, resolution, or other proceeding -- Period for
8236 contesting.
8237 (1) The executive committee of the Utah Communications Agency Network may
8238 provide for the publication of any resolution or other proceedings adopted under this chapter
8239 [
8240 described in Section 63F-1-701 .
8241 (2) In case of a resolution or other proceeding providing for the issuance of bonds, the
8242 executive committee may, in lieu of publishing the entire resolution or other proceeding,
8243 publish a notice of bonds to be issued containing:
8244 (a) the name of the issuer;
8245 (b) the purpose of the issue;
8246 (c) the type of bonds and the maximum principal amount which may be issued;
8247 (d) the maximum number of years over which the bonds may mature;
8248 (e) the maximum interest rate which the bonds may bear, if any;
8249 (f) the maximum discount from par, expressed as a percentage of principal amount, at
8250 which the bonds may be sold; and
8251 (g) the times and place where a copy of the resolution or other proceeding may be
8252 examined, which shall be at the principal office of the Utah Communications Agency Network
8253 during regular business hours and for a period of at least 30 days after the publication of the
8254 notice.
8255 (3) For a period of 30 days after the publication, any person in interest may contest the
8256 legality of the resolution or proceeding, any bonds which may be authorized by the resolution
8257 or proceeding, or any provision made for the security and payment of the bonds by filing a
8258 pleading with the district court for the city in which the Utah Communications Network
8259 maintains its principal office.
8260 Section 194. Section 63F-1-701 is amended to read:
8261 63F-1-701. Utah Public Notice Website -- Establishment and administration.
8262 (1) As used in this part:
8263 (a) "Division" means the Division of Archives and Records Service of the Department
8264 of Administrative Services.
8265 (b) "Public body" has the same meaning as provided under Section 52-4-103 .
8266 (c) "Website" means the Utah Public Notice Website created under this section.
8267 (2) There is created the Utah Public Notice Website to be administered by the Division
8268 of Archives and Records Service.
8269 (3) The website shall consist of an Internet website provided to assist the public to find:
8270 (a) posted public notices of a public body of the state and its political subdivisions as
8271 required under Title 52, Chapter 4, Open and Public Meetings Act, and under other state
8272 statutes or state agency rules[
8273 (b) legal notices required by a state statute or a state agency rule.
8274 (4) The division, with the technical assistance of the Department of Technology
8275 Services, shall create [
8276 (a) allow a public body, or other certified entity, to easily post any public notice
8277 information that the public body or other entity is required to post under statute;
8278 (b) allow the public to search the public notices by:
8279 (i) public body name;
8280 (ii) date of posting of the public notice;
8281 (iii) date of any meeting or deadline included as part of the public notice; and
8282 (iv) any other criteria approved by the division;
8283 (c) allow a person to easily post a legal notice of information that the person is required
8284 to post under statute or rule;
8285 (d) send a confirmation when the person's legal notice is successfully posted to the
8286 website;
8287 (e) allow the public to search the legal notices by:
8288 (i) name;
8289 (ii) date of posting of the notice;
8290 (iii) a general geographic location, including city or county;
8291 (iv) type of notice; and
8292 (v) any other criteria approved by the division;
8293 [
8294 [
8295 public body or a particular type of public or legal notice;
8296 [
8297 [
8298 [
8299 website; and
8300 [
8301 obtaining and reviewing information in relation to public and legal notices posted on the
8302 website, as may be approved by the division.
8303 (5) The division shall be responsible for:
8304 (a) establishing and maintaining the website, including the provision of equipment,
8305 resources, and personnel as is necessary;
8306 (b) providing a mechanism for public bodies or other certified entities to have access to
8307 the website for the purpose of posting and modifying public notices; [
8308 (c) providing a mechanism for a person to have access to the website for the purpose of
8309 posting and modifying a legal notice; and
8310 [
8311 (6) The timing for posting and the content of the public notices posted to the website
8312 shall be the responsibility of the public body, person, or other entity posting the notice.
8313 (7) The division shall charge a person posting a legal notice a fee to cover the cost of
8314 processing and posting the legal notice in accordance with Section 63J-1-303 .
8315 Section 195. Section 63G-6-401 is amended to read:
8316 63G-6-401. Contracts awarded by sealed bidding -- Procedure.
8317 (1) Contracts shall be awarded by competitive sealed bidding except as otherwise
8318 provided by this chapter.
8319 (2) (a) An invitation for bids shall be issued when a contract is to be awarded by
8320 competitive sealed bidding.
8321 (b) The invitation shall include a purchase description and all contractual terms and
8322 conditions applicable to the procurement.
8323 (3) (a) Public notice of the invitation for bids shall be given a reasonable time before
8324 the date set forth in the invitation for the opening of bids, in accordance with rules.
8325 (b) The notice may include publication [
8326 Utah Public Notice Website as described in Section 63F-1-701 a reasonable time before bid
8327 opening.
8328 (4) (a) Bids shall be opened publicly in the presence of one or more witnesses at the
8329 time and place designated in the invitation for bids.
8330 (b) The amount of each bid and any other relevant information specified by rules,
8331 together with the name of each bidder, shall be recorded.
8332 (c) The record and each bid shall be open to public inspection.
8333 (5) (a) Bids shall be unconditionally accepted without alteration or correction, except
8334 as authorized in this chapter.
8335 (b) (i) Bids shall be evaluated based on the requirements set forth in the invitation for
8336 bids, which may include criteria to determine acceptability such as inspection, testing, quality,
8337 workmanship, delivery, and suitability for a particular purpose.
8338 (ii) Those criteria that will affect the bid price and be considered in evaluation for
8339 award shall be objectively measurable.
8340 (iii) The criteria may include discounts, transportation costs, and total or life cycle
8341 costs.
8342 (c) No criteria may be used in bid evaluation that are not set forth in the invitation for
8343 bids.
8344 (6) (a) Correction or withdrawal of inadvertently erroneous bids before or after award,
8345 or cancellation of awards or contracts based on the bid mistakes, shall be permitted in
8346 accordance with rules.
8347 (b) After bid opening, no changes in bid prices or other provisions of bids prejudicial
8348 to the interest of the state or fair competition may be permitted.
8349 (c) Except as otherwise provided by rule, all decisions to permit the correction or
8350 withdrawal of bids or to cancel awards or contracts based on bid mistakes shall be supported by
8351 a written determination made by the chief procurement officer or the head of a purchasing
8352 agency.
8353 (7) (a) The contract shall be awarded with reasonable promptness by written notice to
8354 the lowest responsive and responsible bidder whose bid meets the requirements and criteria set
8355 forth in the invitation for bids.
8356 (b) (i) If all bids for a construction project exceed available funds as certified by the
8357 appropriate fiscal officer, and the low responsive and responsible bid does not exceed those
8358 funds by more than 5%, the chief procurement officer or the head of a purchasing agency may,
8359 in situations where time or economic considerations preclude resolicitation of work of a
8360 reduced scope, negotiate an adjustment of the bid price, including changes in the bid
8361 requirements, with the low responsive and responsible bidder in order to bring the bid within
8362 the amount of available funds.
8363 (ii) If the State Building Board establishes alternative procedures by rule under Section
8364 63A-5-103 , the Division of Facilities Construction and Management need not comply with the
8365 provisions of this Subsection (7) when a bid meets the requirements of the State Building
8366 Board's rule.
8367 (8) When it is considered impractical to prepare initially a purchase description to
8368 support an award based on price, an invitation for bids may be issued requesting the
8369 submission of unpriced offers to be followed by an invitation for bids limited to those bidders
8370 whose offers have been qualified under the criteria set forth in the first solicitation.
8371 Section 196. Section 63G-9-303 is amended to read:
8372 63G-9-303. Meeting to examine claims -- Notice of meeting.
8373 At least 60 days preceding the meeting of each Legislature the board must hold a
8374 session for the purpose of examining the claims referred to in Section 63G-9-302 , and may
8375 adjourn from time to time until the work is completed. The board must cause notice of such
8376 meeting or meetings to be published [
8377
8378 described in Section 63F-1-701 for such time as the board may prescribe.
8379 Section 197. Section 63H-1-403 is amended to read:
8380 63H-1-403. Notice of project area plan adoption -- Effective date of plan --
8381 Contesting the formation of the plan.
8382 (1) (a) Upon the board's adoption of a project area plan, the board shall provide notice
8383 as provided in Subsection (1)(b) by:
8384 (i) publishing or causing to be published a notice [
8385
8386 63F-1-701 ; [
8387 (ii) [
8388 causing a notice to be posted in at least three public places within the authority's boundaries.
8389 (b) Each notice under Subsection (1)(a) shall:
8390 (i) set forth the board resolution adopting the project area plan or a summary of the
8391 resolution; and
8392 (ii) include a statement that the project area plan is available for general public
8393 inspection and the hours for inspection.
8394 (2) The project area plan shall become effective on the date of:
8395 (a) if notice was published under Subsection (1)(a), publication of the notice; or
8396 (b) if notice was posted under Subsection (1)(a), posting of the notice.
8397 (3) The authority shall make the adopted project area plan available to the general
8398 public at its offices during normal business hours.
8399 Section 198. Section 63H-1-701 is amended to read:
8400 63H-1-701. Annual authority budget -- Fiscal year -- Public hearing required --
8401 Auditor forms -- Requirement to file form.
8402 (1) The authority shall prepare and its board adopt an annual budget of revenues and
8403 expenditures for the authority for each fiscal year.
8404 (2) Each annual authority budget shall be adopted before June 22.
8405 (3) The authority's fiscal year shall be the period from July 1 to the following June 30.
8406 (4) (a) Before adopting an annual budget, the authority board shall hold a public
8407 hearing on the annual budget.
8408 (b) The authority shall provide notice of the public hearing on the annual budget by:
8409 (i) publishing at least one notice [
8410
8411 one week before the public hearing; [
8412 (ii) [
8413 posting a notice of the public hearing in at least three public places within the authority
8414 boundaries.
8415 (c) The authority shall make the annual budget available for public inspection at least
8416 three days before the date of the public hearing.
8417 (5) The state auditor shall prescribe the budget forms and the categories to be contained
8418 in each authority budget, including:
8419 (a) revenues and expenditures for the budget year;
8420 (b) legal fees; and
8421 (c) administrative costs, including rent, supplies, and other materials, and salaries of
8422 authority personnel.
8423 (6) (a) Within 30 days after adopting an annual budget, the authority board shall file a
8424 copy of the annual budget with the auditor of the county in which the authority is located, the
8425 State Tax Commission, the state auditor, the State Board of Education, and each taxing entity
8426 that levies a tax on property from which the authority collects tax increment.
8427 (b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
8428 state as a taxing entity is met if the authority files a copy with the State Tax Commission and
8429 the state auditor.
8430 Section 199. Section 63H-1-801 is amended to read:
8431 63H-1-801. Dissolution of authority -- Restrictions -- Filing copy of ordinance --
8432 Authority records -- Dissolution expenses.
8433 (1) The authority may not be dissolved unless the authority has no outstanding bonded
8434 indebtedness, other unpaid loans, indebtedness, or advances, and no legally binding contractual
8435 obligations with persons or entities other than the state.
8436 (2) Upon the dissolution of the authority, the Governor's Office of Economic
8437 Development shall publish a notice of dissolution [
8438
8439 described in Section 63F-1-701 .
8440 (3) The books, documents, records, papers, and seal of each dissolved authority shall
8441 be deposited for safekeeping and reference with the state auditor.
8442 (4) The authority shall pay all expenses of the deactivation and dissolution.
8443 Section 200. Section 67-4a-402 is amended to read:
8444 67-4a-402. Publication of notice.
8445 Within 12 months of the date the unclaimed property was paid or delivered to the
8446 administrator, the administrator shall:
8447 (1) cause a notice to be published once [
8448
8449 (2) ensure that the notice is in a form that is likely to attract the attention of the
8450 apparent owner of the unclaimed property.
8451 Section 201. Section 67-4a-403 is amended to read:
8452 67-4a-403. Disposition of abandoned property -- Sale.
8453 (1) (a) Except as provided in Subsections (2) and (3), the administrator shall:
8454 (i) within three years after the receipt of abandoned property, sell the property to the
8455 highest bidder at a public sale, which may include sale via the Internet; and
8456 (ii) if the sale is held at a specified physical location, publish notice of the sale [
8457
8458 in Section 63F-1-701 at least three weeks before the sale.
8459 (b) The administrator may hold the sale in whatever city in Utah he believes will
8460 provide the most favorable market for the property.
8461 (c) The administrator may decline the highest bid and reoffer the property for sale if the
8462 bid is insufficient.
8463 (d) If the administrator determines that the probable cost of sale exceeds the value of
8464 the property, the administrator need not offer the property for sale.
8465 (e) When any person makes a claim, the administrator shall provide the person with:
8466 (i) the property delivered by the holder to the administrator; or
8467 (ii) the proceeds received from the sale.
8468 (f) The administrator may, in the administrator's discretion, deduct reasonable fees and
8469 expenses incurred from the sale.
8470 (2) (a) The administrator shall sell:
8471 (i) securities listed on an established stock exchange at prices prevailing at the time of
8472 sale on the exchange; and
8473 (ii) securities not listed on an established stock exchange:
8474 (A) over-the-counter at prices prevailing at the time of sale; or
8475 (B) by any other method the administrator considers to be in the best interest of the
8476 state.
8477 (b) The administrator may sell securities upon receipt.
8478 (c) When any person makes a claim, the administrator shall provide the person with:
8479 (i) the securities delivered to the administrator by the holder, if they still remain in the
8480 hands of the administrator; or
8481 (ii) the proceeds received from the sale.
8482 (d) The administrator may, in the administrator's discretion, deduct reasonable fees and
8483 expenses incurred from the sale.
8484 (e) A person making a claim under this section may not make any claim against the
8485 state, the holder, any transfer agent, registrar or other person acting for or on behalf of a holder
8486 for any appreciation in the value of the property occurring after delivery by the holder to the
8487 administrator.
8488 (3) (a) The purchaser of any property at any sale conducted by the administrator under
8489 the authority of this chapter takes the property free of all claims of the owner or previous
8490 holder of the property and of all persons claiming through or under them.
8491 (b) The administrator shall execute all documents necessary to complete the transfer of
8492 ownership.
8493 Section 202. Section 72-3-108 is amended to read:
8494 72-3-108. County roads -- Vacation and narrowing.
8495 (1) A county may, by ordinance, vacate, narrow, or change the name of a county road
8496 without petition or after petition by a property owner.
8497 (2) A county may not vacate a county road unless notice of the hearing is:
8498 (a) published [
8499 Notice Website as described in Section 63F-1-701 once a week for four consecutive weeks
8500 prior to the hearing; [
8501 (b) posted in three public places for four consecutive weeks prior to the hearing; and
8502 (c) mailed to the department and all owners of property abutting the county road.
8503 (3) The right-of-way and easements, if any, of a property owner and the franchise rights
8504 of any public utility may not be impaired by vacating or narrowing a county road.
8505 (4) Except as provided in Section 72-5-305 , if a county vacates a county road, the
8506 state's right-of-way interest in the county road is also vacated.
8507 Section 203. Section 72-5-105 is amended to read:
8508 72-5-105. Highways, streets, or roads once established continue until abandoned
8509 -- Temporary closure.
8510 (1) All public highways, streets, or roads once established shall continue to be
8511 highways, streets, or roads until abandoned or vacated by order of a highway authority having
8512 jurisdiction or by other competent authority.
8513 (2) (a) For purposes of assessment, upon the recordation of an order executed by the
8514 proper authority with the county recorder's office, title to the vacated or abandoned highway,
8515 street, or road shall vest to the adjoining record owners, with 1/2 of the width of the highway,
8516 street, or road assessed to each of the adjoining owners.
8517 (b) Provided, however, that should a description of an owner of record extend into the
8518 vacated or abandoned highway, street, or road that portion of the vacated or abandoned
8519 highway, street, or road shall vest in the record owner, with the remainder of the highway,
8520 street, or road vested as otherwise provided in this Subsection (2).
8521 (3) (a) In accordance with this section, a state or local highway authority may
8522 temporarily close a class B or D road, an R.S. 2477 right-of-way, or a portion of a class B or D
8523 road or R.S. 2477 right-of-way.
8524 (b) A temporary closure authorized under this section is not an abandonment.
8525 (c) A temporary closure under Subsection (3)(a) may be authorized only under the
8526 following circumstances:
8527 (i) when a federal authority, or other person, provides an alternate route to an R.S.
8528 2477 right-of-way or portion of an R.S. 2477 right-of-way that is:
8529 (A) accepted by the highway authority; and
8530 (B) formalized by:
8531 (I) a federal permit; or
8532 (II) a written agreement between the federal authority or other person and the highway
8533 authority; or
8534 (ii) when a state or local highway authority determines that correction or mitigation of
8535 injury to private or public land resources is necessary on or near a class B or D road or portion
8536 of a class B or D road.
8537 (d) A highway authority shall reopen an R.S. 2477 right-of-way or portion of an R.S.
8538 2477 right-of-way temporarily closed under this section if the alternate route is closed for any
8539 reason.
8540 (e) A temporary closure authorized under Subsection (3)(c)(ii) shall:
8541 (i) be authorized annually; and
8542 (ii) not exceed two years or the time it takes to complete the correction or mitigation,
8543 whichever is less.
8544 (4) Prior to authorizing a temporary closure under Subsection (3), a highway authority
8545 shall:
8546 (a) hold a hearing on the proposed temporary closure;
8547 (b) provide notice of the hearing by:
8548 (i) mailing a notice to the Department of Transportation and all owners of property
8549 abutting the highway; and
8550 (ii) (A) publishing the notice [
8551 the Utah Public Notice Website as described in Section 63F-1-701 at least once a week for four
8552 consecutive weeks prior to the hearing; [
8553 (B) posting the notice in three public places for at least four consecutive weeks prior to
8554 the hearing; and
8555 (c) pass an ordinance authorizing the temporary closure.
8556 (5) The right-of-way and easements, if any, of a property owner and the franchise rights
8557 of any public utility may not be impaired by a temporary closure authorized under this section.
8558 Section 204. Section 72-6-108 is amended to read:
8559 72-6-108. Class B and C roads -- Improvement projects -- Contracts -- Retainage.
8560 (1) A county executive for class B roads and the municipal executive for class C roads
8561 shall cause plans, specifications, and estimates to be made prior to the construction of any
8562 improvement project, as defined in Section 72-6-109 , on a class B or C road if the estimated
8563 cost for any one project exceeds the bid limit as defined in Section 72-6-109 for labor,
8564 equipment, and materials.
8565 (2) (a) All projects in excess of the bid limit shall be performed under contract to be let
8566 to the lowest responsible bidder.
8567 (b) If the estimated cost of the improvement project exceeds the bid limit for labor,
8568 equipment, and materials, the project may not be divided to permit the construction in parts,
8569 unless each part is done by contract.
8570 (3) The advertisement on bids shall be published [
8571
8572 described in Section 63F-1-701 at least once a week for three consecutive weeks[
8573
8574 least five public places in the county.
8575 (4) The county or municipal executive or their designee shall receive sealed bids and
8576 open the bids at the time and place designated in the advertisement. The county or municipal
8577 executive or their designee may then award the contract but may reject any and all bids.
8578 (5) The person, firm, or corporation that is awarded a contract under this section is
8579 subject to the provisions of Title 63G, Chapter 6, Utah Procurement Code.
8580 (6) If any payment on a contract with a private contractor for construction or
8581 improvement of a class B or C road is retained or withheld, the payment shall be retained or
8582 withheld and released as provided in Section 13-8-5 .
8583 Section 205. Section 73-1-4 is amended to read:
8584 73-1-4. Reversion to the public by abandonment or forfeiture for nonuse within
8585 seven years -- Nonuse application.
8586 (1) As used in this section:
8587 (a) "Public entity" means:
8588 (i) the United States;
8589 (ii) an agency of the United States;
8590 (iii) the state;
8591 (iv) a state agency;
8592 (v) a political subdivision of the state; or
8593 (vi) an agency of a political subdivision of the state.
8594 (b) "Public water supplier" means an entity that:
8595 (i) supplies water, directly or indirectly, to the public for municipal, domestic, or
8596 industrial use; and
8597 (ii) is:
8598 (A) a public entity;
8599 (B) a water corporation, as defined in Section 54-2-1 , that is regulated by the Public
8600 Service Commission;
8601 (C) a community water system:
8602 (I) that:
8603 (Aa) supplies water to at least 100 service connections used by year-round residents; or
8604 (Bb) regularly serves at least 200 year-round residents; and
8605 (II) whose voting members:
8606 (Aa) own a share in the community water system;
8607 (Bb) receive water from the community water system in proportion to the member's
8608 share in the community water system; and
8609 (Cc) pay the rate set by the community water system based on the water the member
8610 receives; or
8611 (D) a water users association:
8612 (I) in which one or more public entities own at least 70% of the outstanding shares; and
8613 (II) that is a local sponsor of a water project constructed by the United States Bureau of
8614 Reclamation.
8615 (c) "Shareholder" is as defined in Section 73-3-3.5 .
8616 (d) "Water company" is as defined in Section 73-3-3.5 .
8617 (e) "Water supply entity" means an entity that supplies water as a utility service or for
8618 irrigation purposes and is also:
8619 (i) a municipality, water conservancy district, metropolitan water district, irrigation
8620 district, or other public agency;
8621 (ii) a water company regulated by the Public Service Commission; or
8622 (iii) any other owner of a community water system.
8623 (2) (a) When an appropriator or the appropriator's successor in interest abandons or
8624 ceases to use all or a portion of a water right for a period of seven years, the water right or the
8625 unused portion of that water right is subject to forfeiture in accordance with Subsection (2)(c),
8626 unless the appropriator or the appropriator's successor in interest files a nonuse application
8627 with the state engineer.
8628 (b) (i) A nonuse application may be filed on all or a portion of the water right,
8629 including water rights held by a water company.
8630 (ii) After giving written notice to the water company, a shareholder may file a nonuse
8631 application with the state engineer on the water represented by the stock.
8632 (c) (i) A water right or a portion of the water right may not be forfeited unless a judicial
8633 action to declare the right forfeited is commenced within 15 years from the end of the latest
8634 period of nonuse of at least seven years.
8635 (ii) If forfeiture is asserted in an action for general determination of rights in
8636 conformance with the provisions of Chapter 4, Determination of Water Rights, the 15-year
8637 limitation period shall commence to run back in time from the date the state engineer's
8638 proposed determination of rights is served upon each claimant.
8639 (iii) A decree entered in an action for general determination of rights under Chapter 4,
8640 Determination of Water Rights, shall bar any claim of forfeiture for prior nonuse against any
8641 right determined to be valid in the decree, but does not bar a claim for periods of nonuse that
8642 occur after the entry of the decree.
8643 (iv) A proposed determination by the state engineer in an action for general
8644 determination of rights under Chapter 4, Determination of Water Rights, bars a claim of
8645 forfeiture for prior nonuse against any right proposed to be valid, unless a timely objection has
8646 been filed within the time allowed in Chapter 4, Determination of Water Rights.
8647 (v) If in a judicial action a court declares a water right forfeited, on the date on which
8648 the water right is forfeited:
8649 (A) the right to use the water reverts to the public; and
8650 (B) the water made available by the forfeiture:
8651 (I) first, satisfies other water rights in the hydrologic system in order of priority date;
8652 and
8653 (II) second, may be appropriated as provided in this title.
8654 (d) This section applies whether the unused or abandoned water or a portion of the
8655 water is:
8656 (i) permitted to run to waste; or
8657 (ii) used by others without right with the knowledge of the water right holder.
8658 (e) This section does not apply to:
8659 (i) the use of water according to a lease or other agreement with the appropriator or the
8660 appropriator's successor in interest;
8661 (ii) a water right if its place of use is contracted under an approved state agreement or
8662 federal conservation fallowing program;
8663 (iii) those periods of time when a surface water or groundwater source fails to yield
8664 sufficient water to satisfy the water right;
8665 (iv) a water right when water is unavailable because of the water right's priority date;
8666 (v) a water right to store water in a surface reservoir or an aquifer, in accordance with
8667 Title 73, Chapter 3b, Groundwater Recharge and Recovery Act, if:
8668 (A) the water is stored for present or future use; or
8669 (B) storage is limited by a safety, regulatory, or engineering restraint that the
8670 appropriator or the appropriator's successor in interest cannot reasonably correct;
8671 (vi) a water right if a water user has beneficially used substantially all of the water right
8672 within a seven-year period, provided that this exemption does not apply to the adjudication of a
8673 water right in a general determination of water rights under Chapter 4, Determination of Water
8674 Rights;
8675 (vii) except as provided by Subsection (2)(g), a water right:
8676 (A) (I) owned by a public water supplier;
8677 (II) represented by a public water supplier's ownership interest in a water company; or
8678 (III) to which a public water supplier owns the right of use; and
8679 (B) conserved or held for the reasonable future water requirement of the public, which
8680 is determined according to Subsection (2)(f);
8681 (viii) a supplemental water right during a period of time when another water right
8682 available to the appropriator or the appropriator's successor in interest provides sufficient water
8683 so as to not require use of the supplemental water right; or
8684 (ix) a water right subject to an approved change application where the applicant is
8685 diligently pursuing certification.
8686 (f) (i) The reasonable future water requirement of the public is the amount of water
8687 needed in the next 40 years by the persons within the public water supplier's projected service
8688 area based on projected population growth or other water use demand.
8689 (ii) For purposes of Subsection (2)(f)(i), a community water system's projected service
8690 area:
8691 (A) is the area served by the community water system's distribution facilities; and
8692 (B) expands as the community water system expands the distribution facilities in
8693 accordance with Title 19, Chapter 4, Safe Drinking Water Act.
8694 (g) For a water right acquired by a public water supplier on or after May 5, 2008,
8695 Subsection (2)(e)(vii) applies if:
8696 (i) the public water supplier submits a change application under Section 73-3-3 ; and
8697 (ii) the state engineer approves the change application.
8698 (3) (a) The state engineer shall furnish a nonuse application form requiring the
8699 following information:
8700 (i) the name and address of the applicant;
8701 (ii) a description of the water right or a portion of the water right, including the point of
8702 diversion, place of use, and priority;
8703 (iii) the quantity of water;
8704 (iv) the period of use;
8705 (v) the extension of time applied for;
8706 (vi) a statement of the reason for the nonuse of the water; and
8707 (vii) any other information that the state engineer requires.
8708 (b) (i) Filing the nonuse application extends the time during which nonuse may
8709 continue until the state engineer issues an order on the nonuse application.
8710 (ii) Approval of a nonuse application protects a water right from forfeiture for nonuse
8711 from the application's filing date until the approved application's expiration date.
8712 (c) (i) Upon receipt of the application, the state engineer shall publish a notice of the
8713 application once a week for two successive weeks [
8714
8715 the Utah Public Notice Website as described in Section 63F-1-701 .
8716 (ii) The notice shall:
8717 (A) state that an application has been made; and
8718 (B) specify where the interested party may obtain additional information relating to the
8719 application.
8720 (d) Any interested person may file a written protest with the state engineer against the
8721 granting of the application:
8722 (i) within 20 days after the notice is published, if the adjudicative proceeding is
8723 informal; and
8724 (ii) within 30 days after the notice is published, if the adjudicative proceeding is
8725 formal.
8726 (e) In any proceedings to determine whether the nonuse application should be approved
8727 or rejected, the state engineer shall follow the procedures and requirements of Title 63G,
8728 Chapter 4, Administrative Procedures Act.
8729 (f) After further investigation, the state engineer may approve or reject the application.
8730 (4) (a) The state engineer shall grant a nonuse application on all or a portion of a water
8731 right for a period of time not exceeding seven years if the applicant shows a reasonable cause
8732 for nonuse.
8733 (b) A reasonable cause for nonuse includes:
8734 (i) a demonstrable financial hardship or economic depression;
8735 (ii) the initiation of water conservation or efficiency practices, or the operation of a
8736 groundwater recharge recovery program approved by the state engineer;
8737 (iii) operation of legal proceedings;
8738 (iv) the holding of a water right or stock in a mutual water company without use by any
8739 water supply entity to meet the reasonable future requirements of the public;
8740 (v) situations where, in the opinion of the state engineer, the nonuse would assist in
8741 implementing an existing, approved water management plan; or
8742 (vi) the loss of capacity caused by deterioration of the water supply or delivery
8743 equipment if the applicant submits, with the application, a specific plan to resume full use of
8744 the water right by replacing, restoring, or improving the equipment.
8745 (5) (a) Sixty days before the expiration of a nonuse application, the state engineer shall
8746 notify the applicant by mail or by any form of electronic communication through which receipt
8747 is verifiable, of the date when the nonuse application will expire.
8748 (b) An applicant may file a subsequent nonuse application in accordance with this
8749 section.
8750 Section 206. Section 73-1-16 is amended to read:
8751 73-1-16. Petition for hearing to determine validity -- Notice -- Service -- Pleading
8752 -- Costs -- Review.
8753 Where any water users' association, irrigation company, canal company, ditch company,
8754 reservoir company, or other corporation of like character or purpose, organized under the laws
8755 of this state has entered into or proposes to enter into a contract with the United States for the
8756 payment by such association or company of the construction and other charges of a federal
8757 reclamation project constructed, under construction, or to be constructed within this state, and
8758 where funds for the payment of such charges are to be obtained from assessments levied upon
8759 the stock of such association or company, or where a lien is created or will be created against
8760 any of the land, property, canals, water rights or other assets of such association or company or
8761 against the land, property, canals, water rights or other assets of any stockholder of such
8762 association or company to secure the payment of construction or other charges of a reclamation
8763 project, the water users' association, irrigation company, canal company, ditch company,
8764 reservoir company or other corporation of like character or purpose may file in the district court
8765 of the county wherein is situated the office of such association or company a petition entitled
8766 ".......... Water Users' Association" or ".......... Company," as the case may be, "against the
8767 stockholders of said association or company and the owners and mortgagees of land within the
8768 .......... Federal Reclamation Project." No other or more specific description of the defendants
8769 shall be required. In the petition it may be stated that the water users' association, irrigation
8770 company, canal company, ditch company, reservoir company or other corporation of like
8771 character and purpose has entered into or proposes to enter into a contract with the United
8772 States, to be set out in full in said petition, with a prayer that the court find said contract to be
8773 valid, and a modification of any individual contracts between the United States and the
8774 stockholders of such association or company, or between the association or company, and its
8775 stockholders, so far as such individual contracts are at variance with the contract or proposed
8776 contract between the association or company and the United States.
8777 Thereupon a notice in the nature of a summons shall issue under the hand and seal of
8778 the clerk of said court, stating in brief outline the contents of said petition, and showing where
8779 a full copy of said contract or proposed contract may be examined, such notice to be directed to
8780 the said defendants under the same general designations, which shall be deemed sufficient to
8781 give the court jurisdiction of all matters involved and parties interested. Service shall be
8782 obtained (a) by publication of such notice once a week for three consecutive weeks (three
8783 times) [
8784
8785 63F-1-701 , and (b) by the posting at least three weeks prior to the date of the hearing on said
8786 petition of the notice and a complete copy of the said contract or proposed contract in the office
8787 of the plaintiff association or company, and at three other public places within the boundaries
8788 of such federal reclamation project. Any stockholder in the plaintiff association or company, or
8789 owner, or mortgagee of land within said federal reclamation project affected by the contract
8790 proposed to be made by such association or company, may demur to or answer said petition
8791 before the date set for such hearing or within such further time as may be allowed therefor by
8792 the court. The failure of any persons affected by the said contract to answer or demur shall be
8793 construed, so far as such persons are concerned as an acknowledgment of the validity of said
8794 contract and as a consent to the modification of said individual contracts if any with such
8795 association or company or with the United States, to the extent that such modification is
8796 required to cause the said individual contracts if any to conform to the terms of the contract or
8797 proposed contract between the plaintiff and the United States. All persons filing demurrers or
8798 answers shall be entered as defendants in said cause and their defense consolidated for hearing
8799 or trial. Upon hearing the court shall examine all matters and things in controversy and shall
8800 enter judgment and decree as the case warrants, showing how and to what extent, if any, the
8801 said individual contracts of the defendants or under which they claim are modified by the
8802 plaintiff's contract or proposed contract with the United States. In reaching his conclusion in
8803 such causes, the court shall follow a liberal interpretation of the laws, and shall disregard
8804 informalities or omissions not affecting the substantial rights of the parties, unless it is
8805 affirmatively shown that such informalities or omissions led to a different result than would
8806 have been obtained otherwise. The Code of Civil Procedure shall govern matters of pleading
8807 and practice as nearly as may be. Costs may be assessed or apportioned among contesting
8808 parties in the discretion of the trial court. Review of the judgment of the district court by the
8809 Supreme Court may be had as in other civil causes.
8810 Section 207. Section 73-3-6 is amended to read:
8811 73-3-6. Publication of notice of application -- Corrections or amendments of
8812 applications.
8813 (1) (a) When an application is filed in compliance with this title, the state engineer
8814 shall publish a notice of the application once a week for a period of two successive weeks [
8815
8816
8817 63F-1-701 .
8818 (b) The notice shall:
8819 (i) state that an application has been made; and
8820 (ii) specify where the interested party may obtain additional information relating to the
8821 application.
8822 (c) Clerical errors, ambiguities, and mistakes that do not prejudice the rights of others
8823 may be corrected by order of the state engineer either before or after the publication of notice.
8824 (2) After publication of notice to water users, the state engineer may authorize
8825 amendments or corrections that involve a change of point of diversion, place, or purpose of use
8826 of water, only after republication of notice to water users.
8827 Section 208. Section 73-3-12 is amended to read:
8828 73-3-12. Time limit on construction and application to beneficial use --
8829 Extensions -- Procedures and criteria.
8830 (1) As used in this section:
8831 (a) "Public agency" means:
8832 (i) a public water supply agency of the state or a political subdivision of the state; or
8833 (ii) the Bureau of Reclamation.
8834 (b) "Wholesale electrical cooperative" is as defined in Section 54-2-1 .
8835 (2) (a) An applicant shall construct works, if necessary, and apply the water to
8836 beneficial use within the time fixed by the state engineer.
8837 (b) Except as provided by Subsection (2)(c), the state engineer may grant an extension
8838 of time, not exceeding 50 years from the application's approval date, if the applicant shows
8839 diligence or a reasonable cause for delay.
8840 (c) The state engineer may grant an extension of time, beyond 50 years, on an
8841 application held by a public agency or a wholesale electrical cooperative if the public agency or
8842 wholesale electrical cooperative shows that the water will be needed to meet the reasonable
8843 future water or electricity requirements of the public.
8844 (d) An applicant shall file a request for an extension of time with the office of the state
8845 engineer on or before the date fixed for filing proof of appropriation.
8846 (e) The state engineer may grant an extension of time:
8847 (i) not exceeding 14 years after the approval date upon a sufficient showing; and
8848 (ii) beyond 14 years after application and publication of notice.
8849 (f) (i) The state engineer shall publish a notice of the application once a week for two
8850 successive weeks, [
8851
8852 as described in Section 63F-1-701 .
8853 (ii) The notice shall:
8854 (A) state that an application has been made; and
8855 (B) specify where the interested party may obtain additional information relating to the
8856 application.
8857 (g) Any person who owns a water right or holds an application from the source of
8858 supply referred to in Subsection (2)(f) may file a protest with the state engineer:
8859 (i) within 20 days after the notice is published, if the adjudicative proceeding is
8860 informal; and
8861 (ii) within 30 days after the notice is published, if the adjudicative proceeding is
8862 formal.
8863 (h) In considering an application to extend the time in which to place water to
8864 beneficial use under an approved application, the state engineer shall deny the extension of
8865 time and declare the application lapsed, unless the applicant affirmatively shows that the
8866 applicant has exercised or is exercising reasonable and due diligence in working toward
8867 completion of the appropriation.
8868 (i) (i) The state engineer shall approve the extension of time if the applicant shows
8869 reasonable and due diligence.
8870 (ii) The approved extension of time is effective so long as the applicant continues to
8871 exercise reasonable diligence in completing the appropriation.
8872 (j) (i) The state engineer shall consider the holding of an approved application by a
8873 public agency or a wholesale electrical cooperative to meet the reasonable future water or
8874 electricity requirements of the public to be reasonable and due diligence within the meaning of
8875 this section for the first 50 years.
8876 (ii) The state engineer may approve an extension of time beyond 50 years for a public
8877 agency or a wholesale electrical cooperative, if the public agency or wholesale electrical
8878 cooperative provides information that shows the water will be needed to meet the reasonable
8879 future water or electricity requirements of the public.
8880 (k) If the state engineer finds unjustified delay or lack of diligence in prosecuting the
8881 works to completion, the state engineer may:
8882 (i) deny the extension of time; or
8883 (ii) grant the request in part or upon conditions, including a reduction of the priority of
8884 all or part of the application.
8885 (3) (a) Except as provided by Subsections (3)(b) and (c), an application upon which
8886 proof has not been submitted shall lapse and have no further force or effect after the expiration
8887 of 50 years from the date of its approval.
8888 (b) If the works are constructed with which to make beneficial use of the water applied
8889 for, the state engineer may, upon showing of that fact, grant additional time beyond the 50-year
8890 period in which to make proof.
8891 (c) An application held by a public agency or a wholesale electrical cooperative to meet
8892 the reasonable future water or electricity requirements of the public, for which proof of
8893 appropriation has not been submitted, shall lapse, unless extended as provided in Subsection
8894 (2)(j).
8895 Section 209. Section 73-3a-107 is amended to read:
8896 73-3a-107. Publication of notice of application -- Corrections or amendments of
8897 applications.
8898 (1) (a) When an application is filed in accordance with Section 73-3a-106 and relevant
8899 provisions of Chapter 3, Appropriation, the state engineer shall publish a notice of the
8900 application once a week for a period of two successive weeks [
8901
8902 on the Utah Public Notice Website as described in Section 63F-1-701 .
8903 (b) The notice shall:
8904 (i) state that an application has been made; and
8905 (ii) specify where the interested party may obtain additional information relating to the
8906 application.
8907 [
8908 (2) Clerical errors, ambiguities, and mistakes in the application that do not prejudice
8909 the rights of others may be corrected by order of the state engineer either before or after the
8910 publication of notice.
8911 (3) If amendments or corrections to the application are made that involve a change of
8912 point of diversion, place of use, or purpose of use of water, the notice must be republished.
8913 Section 210. Section 73-4-3 is amended to read:
8914 73-4-3. Procedure for action to determine rights -- Notice to and list of claimants
8915 -- Manner of giving notice of further proceedings -- Duties of engineer -- Survey -- Notice
8916 of completion.
8917 (1) Upon the filing of any action by the state engineer as provided in Section 73-4-1 , or
8918 by any person claiming the right to use the waters of any river system, lake, underground water
8919 basin, or other natural source of supply that involves a determination of the rights to the major
8920 part of the water of the source of supply or the rights of ten or more of the claimants of the
8921 source of supply, the clerk of the district court shall notify the state engineer that a suit has
8922 been filed.
8923 (2) (a) The state engineer then shall give notice to the claimants by publishing notice
8924 once a week for two consecutive weeks [
8925
8926 63F-1-701 .
8927 (b) The notice shall state:
8928 (i) an action has been filed;
8929 (ii) the name of the action;
8930 (iii) the name and location of the court in which the action is pending; and
8931 (iv) the name or description of the water source involved.
8932 (c) Claimants to the use of water shall notify the state engineer within 90 days from the
8933 date notice is given of their names and addresses.
8934 (d) After the expiration of 90 days, the state engineer shall prepare a list that shall
8935 include the names and addresses of all claimants then of record in the state engineer's office
8936 and all claimants who have notified the state engineer of their addresses, and this list shall be
8937 certified by the state engineer as complete and filed with the clerk of the court.
8938 (e) The court upon petition may by order permit the addition of names and addresses to
8939 this list at any time during the pendency of the action, and the clerk of the court may, without
8940 court order, upon notice from the claimant note any change of address.
8941 (f) If any claimant appears in this action by an attorney, the clerk shall note on the list
8942 the address of the attorney.
8943 (g) After the list is filed by the state engineer, notice of further proceedings, after
8944 service of summons, may be given without court order by mailing a copy thereof to the persons
8945 listed at the addresses listed and by mailing a copy thereof to any attorney of record for any
8946 such person, and notice may be given to such listed persons and to all other claimants by
8947 publication in the manner and for the time prescribed by order of the district court on the Utah
8948 Public Notice Website as described in Section 63F-1-701 .
8949 (3) After the statement or list is filed, the state engineer shall begin the survey of the
8950 water source and the ditches, canals, wells, tunnels, or other works diverting water therefrom.
8951 (4) (a) As soon as the survey is complete, the state engineer shall file notice of
8952 completion with the clerk and give notice by mail or by personal service to all claimants whose
8953 names appear on the list that:
8954 (i) the survey is complete;
8955 (ii) their claims are due within 90 days from the date of notice; and
8956 (iii) within 90 days after service of the notice, each claimant must file a written
8957 statement with the clerk of the court setting forth the claimant's respective claim to the use of
8958 the water.
8959 (b) Notice given by mail is complete when the notice is mailed.
8960 (5) When a suit has been filed by the state engineer as provided by Section 73-4-1 , or
8961 by any person involving the major part of the waters of any river system, lake, underground
8962 water basin, or other source of supply, or the rights of ten or more of the water claimants of the
8963 source of supply, whether the suit is filed prior to or after the enactment hereof, the state
8964 engineer, upon receiving notice, shall examine the records of the state engineer's office with
8965 respect to the water source involved, and if they are incomplete to make such further
8966 investigation and survey as may be necessary for the preparation of the report and
8967 recommendation as required by Section 73-4-11 .
8968 (6) In all such cases the court shall proceed to determine the water rights involved in
8969 the manner provided by this chapter, and not otherwise.
8970 Section 211. Section 73-4-4 is amended to read:
8971 73-4-4. Summons -- Service -- Publication -- Form -- Delivery of form for
8972 claimant's statement.
8973 (1) (a) Claimants whose names appear on the list prescribed by Section 73-4-3 at the
8974 time the list is filed by the state engineer with the clerk of the court shall be served with a
8975 summons issued out of the district court and served as a summons is served in other civil cases.
8976 (b) Upon the filing by the state engineer of an affidavit that the state engineer has
8977 searched the records of the state engineer's office and has listed all names as required by
8978 Section 73-4-3 , and upon proof of publication of notice to all claimants to notify the state
8979 engineer of their names and addresses, summons may be served on all other persons and
8980 claimants not listed on said list by publication of summons, [
8981
8982 Utah Public Notice Website as described in Section 63F-1-701 , five times, once each week for
8983 five successive weeks.
8984 (c) Service of summons is completed upon the date of the publication.
8985 (d) The summons shall be substantially in the following form:
8986 "In the District Court of .......... County, State of Utah, in the matter of the general
8987 adjudication of water rights in the described water source.
8988
8989 The State of Utah to the said defendant:
8990 You are hereby summoned to appear and defend the above entitled action which is
8991 brought for the purpose of making a general determination of the water rights of the described
8992 water source. Upon the service of this summons upon you, you will thereafter be subject to the
8993 jurisdiction of the entitled court and it shall be your duty to follow further proceedings in the
8994 above entitled action and to protect your rights therein. When the state engineer has completed
8995 the survey you will be given a further written notice, either in person or by mail, sent to your
8996 last-known address, that you must file a water users claim in this action setting forth the nature
8997 of your claim, and said notice will specify the date upon which your water users claim is due
8998 and thereafter you must file said claim within the time set and your failure so to do will
8999 constitute a default in the premises and a judgment may be entered against you declaring and
9000 adjudging that you have no right in or to the waters of described water source."
9001 (2) At the time the said notice of completion of survey is given, the state engineer must
9002 mail or otherwise deliver a form upon which the claimant shall present in writing, as provided
9003 in the next succeeding section, all the particulars relating to the appropriation of the water of
9004 said river system or water source to which the claimant lays claim.
9005 Section 212. Section 73-4-9 is amended to read:
9006 73-4-9. Failure to file statement -- Relief.
9007 The filing of each statement by a claimant shall be considered notice to all persons of
9008 the claim of the party making the same, and any person failing to make and deliver such
9009 statement of claim to the clerk of the court within the time prescribed by law shall be forever
9010 barred and estopped from subsequently asserting any rights, and shall be held to have forfeited
9011 all rights to the use of the water theretofore claimed by him; provided, that any claimant, upon
9012 whom no other service of said notice shall have been made than by publication [
9013
9014 to the court for permission to file a statement of claim after the time therefor has expired, and
9015 the court may extend the time for filing such statement, not exceeding six months from the
9016 publication of said notice; but, before said time is extended, the applicant shall give notice by
9017 publication [
9018 described in Section 63F-1-701 on such river system or near the water source to all other
9019 persons interested in the water of such river system or water source, and shall make it appear to
9020 the satisfaction of the court that during the pendency of the proceedings he had no actual notice
9021 thereof in time to appear and file a statement and make proof of his claim; and all parties
9022 interested may be heard as to the matter of his actual notice of the pendency of such
9023 proceedings.
9024 Section 213. Section 73-5-14 is amended to read:
9025 73-5-14. Determination by the state engineer of watershed to which particular
9026 source is tributary -- Publications of notice and result -- Hearing -- Judicial review.
9027 The state engineer shall have the power to determine for administrative and distribution
9028 purposes the watershed to which any particular stream or source of water is tributary. Said
9029 determination may be made only after publication of notice to the water users. Said publication
9030 of notice shall be made [
9031
9032 described in Section 63F-1-701 . The publication is to be made once each week for five
9033 consecutive weeks. It shall fix the date and place of hearing and at said hearing any water user
9034 shall be given an opportunity to appear and adduce evidence material to the determination of
9035 the question involved. The result of said determination by the state engineer shall likewise be
9036 published in the manner set forth above and said notice of the decision of the state engineer
9037 shall also notify the public that any person aggrieved by said decision may appeal from said
9038 decision as provided by Section 73-3-14 ; and notice shall be deemed to have been given so as
9039 to start the time for appeal upon completion of the publication of notice.
9040 Section 214. Section 73-5-15 is amended to read:
9041 73-5-15. Groundwater management plan.
9042 (1) As used in this section:
9043 (a) "Critical management area" means a groundwater basin in which the groundwater
9044 withdrawals consistently exceed the safe yield.
9045 (b) "Safe yield" means the amount of groundwater that can be withdrawn from a
9046 groundwater basin over a period of time without exceeding the long-term recharge of the basin
9047 or unreasonably affecting the basin's physical and chemical integrity.
9048 (2) (a) The state engineer may regulate groundwater withdrawals within a specific
9049 groundwater basin by adopting a groundwater management plan in accordance with this section
9050 for any groundwater basin or aquifer or combination of hydrologically connected groundwater
9051 basins or aquifers.
9052 (b) The objectives of a groundwater management plan are to:
9053 (i) limit groundwater withdrawals to safe yield;
9054 (ii) protect the physical integrity of the aquifer; and
9055 (iii) protect water quality.
9056 (c) The state engineer shall adopt a groundwater management plan for a groundwater
9057 basin if more than 1/3 of the water right owners in the groundwater basin request that the state
9058 engineer adopt a groundwater management plan.
9059 (3) (a) In developing a groundwater management plan, the state engineer may consider:
9060 (i) the hydrology of the groundwater basin;
9061 (ii) the physical characteristics of the groundwater basin;
9062 (iii) the relationship between surface water and groundwater, including whether the
9063 groundwater should be managed in conjunction with hydrologically connected surface waters;
9064 (iv) the geographic spacing and location of groundwater withdrawals;
9065 (v) water quality;
9066 (vi) local well interference; and
9067 (vii) other relevant factors.
9068 (b) The state engineer shall base the provisions of a groundwater management plan on
9069 the principles of prior appropriation.
9070 (c) (i) The state engineer shall use the best available scientific method to determine
9071 safe yield.
9072 (ii) As hydrologic conditions change or additional information becomes available, safe
9073 yield determinations made by the state engineer may be revised by following the procedures
9074 listed in Subsection (5).
9075 (4) (a) (i) Except as provided in Subsection (4)(b), the withdrawal of water from a
9076 groundwater basin shall be limited to the basin's safe yield.
9077 (ii) Before limiting withdrawals in a groundwater basin to safe yield, the state engineer
9078 shall:
9079 (A) determine the groundwater basin's safe yield; and
9080 (B) adopt a groundwater management plan for the groundwater basin.
9081 (iii) If the state engineer determines that groundwater withdrawals in a groundwater
9082 basin exceed the safe yield, the state engineer shall regulate groundwater rights in that
9083 groundwater basin based on the priority date of the water rights under the groundwater
9084 management plan, unless a voluntary arrangement exists under Subsection (4)(c) that requires a
9085 different distribution.
9086 (b) When adopting a groundwater management plan for a critical management area, the
9087 state engineer shall, based on economic and other impacts to an individual water user or a local
9088 community caused by the implementation of safe yield limits on withdrawals, allow gradual
9089 implementation of the groundwater management plan.
9090 (c) (i) In consultation with the state engineer, water users in a groundwater basin may
9091 agree to participate in a voluntary arrangement for managing withdrawals at any time, either
9092 before or after a determination that groundwater withdrawals exceed the groundwater basin's
9093 safe yield.
9094 (ii) A voluntary arrangement under Subsection (4)(c)(i) shall be consistent with other
9095 law.
9096 (iii) The adoption of a voluntary arrangement under this Subsection (4)(c) by less than
9097 all of the water users in a groundwater basin does not affect the rights of water users who do
9098 not agree to the voluntary arrangement.
9099 (5) To adopt a groundwater management plan, the state engineer shall:
9100 (a) give notice as specified in Subsection (7) at least 30 days before the first public
9101 meeting held in accordance with Subsection (5)(b):
9102 (i) that the state engineer proposes to adopt a groundwater management plan;
9103 (ii) describing generally the land area proposed to be included in the groundwater
9104 management plan; and
9105 (iii) stating the location, date, and time of each public meeting to be held in accordance
9106 with Subsection (5)(b);
9107 (b) hold one or more public meetings in the geographic area proposed to be included
9108 within the groundwater management plan to:
9109 (i) address the need for a groundwater management plan;
9110 (ii) present any data, studies, or reports that the state engineer intends to consider in
9111 preparing the groundwater management plan;
9112 (iii) address safe yield and any other subject that may be included in the groundwater
9113 management plan;
9114 (iv) outline the estimated administrative costs, if any, that groundwater users are likely
9115 to incur if the plan is adopted; and
9116 (v) receive any public comments and other information presented at the public
9117 meeting, including comments from any of the entities listed in Subsection (7)(a)(iii);
9118 (c) receive and consider written comments concerning the proposed groundwater
9119 management plan from any person for a period determined by the state engineer of not less
9120 than 60 days after the day on which the notice required by Subsection (5)(a) is given;
9121 (d) (i) at least 60 days prior to final adoption of the groundwater management plan,
9122 publish notice:
9123 (A) that a draft of the groundwater management plan has been proposed; and
9124 (B) specifying where a copy of the draft plan may be reviewed; and
9125 (ii) promptly provide a copy of the draft plan in printed or electronic form to each of
9126 the entities listed in Subsection (7)(a)(iii) that makes written request for a copy; and
9127 (e) provide notice of the adoption of the groundwater management plan.
9128 (6) A groundwater management plan shall become effective on the date notice of
9129 adoption is completed under Subsection (7), or on a later date if specified in the plan.
9130 (7) (a) A notice required by this section shall be:
9131 (i) published once a week for two successive weeks [
9132
9133
9134 Section 63F-1-701 ;
9135 (ii) published conspicuously on the state engineer's Internet website; and
9136 (iii) mailed to each of the following that has within its boundaries a portion of the land
9137 area to be included within the proposed groundwater management plan:
9138 (A) county;
9139 (B) incorporated city or town;
9140 (C) improvement district under Title 17B, Chapter 2a, Part 4, Improvement District
9141 Act;
9142 (D) service area, under Title 17B, Chapter 2a, Part 9, Service Area Act;
9143 (E) drainage district, under Title 17B, Chapter 2a, Part 2, Drainage District Act;
9144 (F) irrigation district, under Title 17B, Chapter 2a, Part 5, Irrigation District Act;
9145 (G) metropolitan water district, under Title 17B, Chapter 2a, Part 6, Metropolitan
9146 Water District Act;
9147 (H) special service district providing water, sewer, drainage, or flood control services,
9148 under Title 17D, Chapter 1, Special Service District Act;
9149 (I) water conservancy district, under Title 17B, Chapter 2a, Part 10, Water
9150 Conservancy District Act; and
9151 (J) conservation district, under Title 17D, Chapter 3, Conservation District Act.
9152 (b) A notice required by this section is effective upon substantial compliance with
9153 Subsections (7)(a)(i) through (iii).
9154 (8) A groundwater management plan may be amended in the same manner as a
9155 groundwater management plan may be adopted under this section.
9156 (9) The existence of a groundwater management plan does not preclude any otherwise
9157 eligible person from filing any application or challenging any decision made by the state
9158 engineer within the affected groundwater basin.
9159 (10) (a) A person aggrieved by a groundwater management plan may challenge any
9160 aspect of the groundwater management plan by filing a complaint within 60 days after the
9161 adoption of the groundwater management plan in the district court for any county in which the
9162 groundwater basin is found.
9163 (b) Notwithstanding Subsection (9), a person may challenge the components of a
9164 groundwater management plan only in the manner provided by Subsection (10)(a).
9165 (c) An action brought under this Subsection (10) is reviewed de novo by the district
9166 court.
9167 (d) A person challenging a groundwater management plan under this Subsection (10)
9168 shall join the state engineer as a defendant in the action challenging the groundwater
9169 management plan.
9170 (e) (i) Within 30 days after the day on which a person files an action challenging any
9171 aspect of a groundwater management plan under Subsection (10)(a), the person filing the action
9172 shall publish notice of the action [
9173
9174 63F-1-701 .
9175 (ii) The notice required by Subsection (10)(e)(i) shall be published once a week for two
9176 consecutive weeks.
9177 (iii) The notice required by Subsection (10)(e)(i) shall:
9178 (A) identify the groundwater management plan the person is challenging;
9179 (B) identify the case number assigned by the district court;
9180 (C) state that a person affected by the groundwater management plan may petition the
9181 district court to intervene in the action challenging the groundwater management plan; and
9182 (D) list the address for the clerk of the district court in which the action is filed.
9183 (iv) (A) Any person affected by the groundwater management plan may petition to
9184 intervene in the action within 60 days after the day on which notice is last published under
9185 Subsections (10)(e)(i) and (ii).
9186 (B) The district court's treatment of a petition to intervene under this Subsection
9187 (10)(e)(iv) is governed by the Utah Rules of Civil Procedure.
9188 (v) A district court in which an action is brought under Subsection (10)(a) shall
9189 consolidate all actions brought under that Subsection and include in the consolidated action any
9190 person whose petition to intervene is granted.
9191 (11) A groundwater management plan adopted or amended in accordance with this
9192 section is exempt from the requirements in Title 63G, Chapter 3, Utah Administrative
9193 Rulemaking Act.
9194 (12) Recharge and recovery projects permitted under Chapter 3b, Groundwater
9195 Recharge and Recovery Act, are exempted from this section.
9196 (13) Nothing in this section may be interpreted to require the development,
9197 implementation, or consideration of a groundwater management plan as a prerequisite or
9198 condition to the exercise of the state engineer's enforcement powers under other law, including
9199 powers granted under Section 73-2-25 .
9200 (14) A groundwater management plan adopted in accordance with this section may not
9201 apply to the dewatering of a mine.
9202 (15) (a) A groundwater management plan adopted by the state engineer before May 1,
9203 2006, remains in force and has the same legal effect as it had on the day on which it was
9204 adopted by the state engineer.
9205 (b) If a groundwater management plan that existed before May 1, 2006, is amended on
9206 or after May 1, 2006, the amendment is subject to this section's provisions.
9207 Section 215. Section 73-6-2 is amended to read:
9208 73-6-2. Restoration by proclamation -- Priority of applications.
9209 Waters withdrawn from appropriation under this chapter may be restored by
9210 proclamation of the governor upon the recommendation of the state engineer. Such
9211 proclamation shall not become effective until notice thereof has been published at least once a
9212 week for three successive weeks [
9213
9214 the Utah Public Notice Website as described in Section 63F-1-701 . Applications for
9215 appropriations shall not be filed during the time such waters are withdrawn from appropriation;
9216 provided, that after the first publication of notice aforesaid applications may be deposited with
9217 the state engineer and at the time such proclamation becomes effective the engineer shall hold
9218 public hearings, giving all applicants notice, to determine which applications so filed during
9219 the period of publication of such notice are most conducive to the public good, and shall file
9220 such applications in order of priority according to such determination.
9221 Section 216. Section 75-1-401 is amended to read:
9222 75-1-401. Notice -- Method and time of giving.
9223 (1) If notice of a hearing on any petition is required and except for specific notice
9224 requirements as otherwise provided, the petitioner shall cause notice of the time and place of
9225 hearing of any petition to be given to any interested person or his attorney if he has appeared by
9226 attorney or requested that notice be sent to his attorney. Notice shall be given by the clerk
9227 posting a copy of the notice for the ten consecutive days immediately preceding the time set for
9228 the hearing in at least three public places in the county, one of which must be at the courthouse
9229 of the county[
9230 (a) (i) by the clerk mailing a copy thereof at least ten days before the time set for the
9231 hearing by certified, registered, or ordinary first class mail addressed to the person being
9232 notified at the post-office address given in his demand for notice, if any, or at his office or
9233 place of residence, if known; or
9234 [
9235 days before the time set for the hearing; and
9236 [
9237 with reasonable diligence, by publishing at least once a week for three consecutive weeks a
9238 copy thereof [
9239
9240 of which is to be at least ten days before the time set for the hearing.
9241 (2) The court for good cause shown may provide for a different method or time of
9242 giving notice for any hearing.
9243 (3) Proof of the giving of notice shall be made on or before the hearing and filed in the
9244 proceeding.
9245 Section 217. Section 75-3-801 is amended to read:
9246 75-3-801. Notice to creditors.
9247 (1) Unless notice has already been given under this section, a personal representative
9248 upon his appointment shall publish a notice to creditors once a week for three successive weeks
9249 [
9250 described in Section 63F-1-701 announcing the personal representative's appointment and
9251 address and notifying creditors of the estate to present their claims within three months after
9252 the date of the first publication of the notice or be forever barred.
9253 (2) A personal representative may give written notice by mail or other delivery to any
9254 creditor, notifying the creditor to present his claim within 90 days from the published notice if
9255 given as provided in Subsection (1) above or within 60 days from the mailing or other delivery
9256 of the notice, whichever is later, or be forever barred. Written notice shall be the notice
9257 described in Subsection (1) above or a similar notice.
9258 (3) The personal representative shall not be liable to any creditor or to any successor of
9259 the decedent for giving or failing to give notice under this section.
9260 Section 218. Section 75-7-508 is amended to read:
9261 75-7-508. Notice to creditors.
9262 (1) A trustee for an inter vivos revocable trust, upon the death of the settlor, may
9263 publish a notice to creditors once a week for three successive weeks [
9264
9265 Notice Website as described in Section 63F-1-701 . The notice required by this Subsection (1)
9266 must:
9267 (a) provide the trustee's name and address; and
9268 (b) notify creditors:
9269 (i) of the deceased settlor; and
9270 (ii) to present their claims within three months after the date of the first publication of
9271 the notice or be forever barred from presenting the claim.
9272 (2) A trustee shall give written notice by mail or other delivery to any known creditor
9273 of the deceased settlor, notifying the creditor to present his claim within 90 days from the
9274 published notice if given as provided in Subsection (1) or within 60 days from the mailing or
9275 other delivery of the notice, whichever is later, or be forever barred. Written notice shall be the
9276 notice described in Subsection (1) or a similar notice.
9277 (3) (a) If the deceased settlor received medical assistance, as defined in Section
9278 26-19-2 , at any time after the age of 55, the trustee for an inter vivos revocable trust, upon the
9279 death of the settlor, shall mail or deliver written notice to the Director of the Office of
9280 Recovery Services, on behalf of the Department of Health, to present any claim under Section
9281 26-19-13.5 within 60 days from the mailing or other delivery of notice, whichever is later, or
9282 be forever barred.
9283 (b) If the trustee does not mail notice to the director of the Office of Recovery Services
9284 on behalf of the department in accordance with Subsection (3)(a), the department shall have
9285 one year from the death of the settlor to present its claim.
9286 (4) The trustee shall not be liable to any creditor or to any successor of the deceased
9287 settlor for giving or failing to give notice under this section.
9288 Section 219. Section 76-8-809 is amended to read:
9289 76-8-809. Closing or restricting use of highways abutting defense or war facilities
9290 -- Posting of notices.
9291 Any individual, partnership, association, corporation, municipal corporation or state or
9292 any political subdivision thereof engaged in or preparing to engage in the manufacture,
9293 transportation or storage of any product to be used in the preparation of the United States or
9294 any of the states for defense or for war or in the prosecution of war by the United States, or in
9295 the manufacture, transportation, distribution or storage of gas, oil, coal, electricity or water, or
9296 any of said natural or artificial persons operating any public utility who has property so used
9297 which he or it believes will be endangered if public use and travel is not restricted or prohibited
9298 on one or more highways or parts thereof upon which the property abuts, may petition the
9299 highway commissioners of any city, town, or county to close one or more of the highways or
9300 parts thereof to public use and travel or to restrict by order the use and travel upon one or more
9301 of the highways or parts thereof.
9302 Upon receipt of the petition, the highway commissioners shall set a day for hearing and
9303 give notice thereof by publication [
9304
9305 Section 63F-1-701 , the publication shall be made at least seven days prior to the date set for
9306 hearing. If, after hearing, the highway commissioners determine that the public safety and the
9307 safety of the property of the petitioner so require, they shall by suitable order close to public
9308 use and travel or reasonably restrict the use of and travel upon one or more of the highways or
9309 parts thereof; provided the highway commissioners may issue written permits to travel over the
9310 highway so closed or restricted to responsible and reputable persons for a term, under
9311 conditions and in a form as the commissioners may prescribe. Appropriate notices in letters at
9312 least three inches high shall be posted conspicuously at each end of any highway so closed or
9313 restricted by an order. The highway commissioners may at any time revoke or modify any order
9314 so made.
9315 Section 220. Section 76-10-530 is amended to read:
9316 76-10-530. Trespass with a firearm in a house of worship or private residence --
9317 Notice -- Penalty.
9318 (1) A person, including a person licensed to carry a concealed firearm pursuant to Title
9319 53, Chapter 5, Part 7, Concealed Weapon Act, after notice has been given as provided in
9320 Subsection (2) that firearms are prohibited, may not knowingly and intentionally:
9321 (a) transport a firearm into:
9322 (i) a house of worship; or
9323 (ii) a private residence; or
9324 (b) while in possession of a firearm, enter or remain in:
9325 (i) a house of worship; or
9326 (ii) a private residence.
9327 (2) Notice that firearms are prohibited may be given by:
9328 (a) personal communication to the actor by:
9329 (i) the church or organization operating the house of worship;
9330 (ii) the owner, lessee, or person with lawful right of possession of the private
9331 residence; or
9332 (iii) a person with authority to act for the person or entity in Subsections (2)(a)(i) and
9333 (ii);
9334 (b) posting of signs reasonably likely to come to the attention of persons entering the
9335 house of worship or private residence;
9336 (c) announcement, by a person with authority to act for the church or organization
9337 operating the house of worship, in a regular congregational meeting in the house of worship;
9338 (d) publication in a bulletin, newsletter, worship program, or similar document
9339 generally circulated or available to the members of the congregation regularly meeting in the
9340 house of worship; or
9341 (e) publication [
9342
9343
9344 63F-1-701 .
9345 (3) A church or organization operating a house of worship and giving notice that
9346 firearms are prohibited may:
9347 (a) revoke the notice, with or without supersedure, by giving further notice in any
9348 manner provided in Subsection (2); and
9349 (b) provide or allow exceptions to the prohibition as the church or organization
9350 considers advisable.
9351 (4) (a) (i) Within 30 days of giving or revoking any notice pursuant to Subsection
9352 (2)(c), (d), or (e), a church or organization operating a house of worship shall notify the
9353 division on a form and in a manner as the division shall prescribe.
9354 (ii) The division shall post on its website a list of the churches and organizations
9355 operating houses of worship who have given notice under Subsection (4)(a)(i).
9356 (b) Any notice given pursuant to Subsection (2)(c), (d), or (e) shall remain in effect
9357 until revoked or for a period of one year from the date the notice was originally given,
9358 whichever occurs first.
9359 (5) Nothing in this section permits an owner who has granted the lawful right of
9360 possession to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm
9361 in the residence.
9362 (6) A violation of this section is an infraction.
9363 Section 221. Section 77-24a-5 is amended to read:
9364 77-24a-5. Disposition of unclaimed property.
9365 (1) (a) If the owner of any unclaimed property cannot be determined or notified, or if
9366 he is determined and notified, and fails to appear and claim the property after three months of
9367 its receipt by the local law enforcement agency, the agency shall:
9368 (i) publish at least one notice of the intent to dispose of the unclaimed property [
9369
9370 described in Section 63F-1-701 ; and
9371 (ii) post a similar notice in a public place designated for notice within the law
9372 enforcement agency.
9373 (b) The notice shall:
9374 (i) give a general description of the item; and
9375 (ii) the date of intended disposition.
9376 (c) The agency may not dispose of the unclaimed property until at least eight days after
9377 the date of publication and posting.
9378 (2) (a) If no claim is made for the unclaimed property within nine days of publication
9379 and posting, the agency shall notify the person who turned the property over to the local law
9380 enforcement agency, if it was turned over by a person under Section 77-24a-3 .
9381 (b) Except as provided in Subsection (4), if that person has complied with the
9382 provisions of this chapter, [
9383 (i) pays the costs incurred for advertising and storage; and
9384 (ii) signs a receipt for the item.
9385 (3) If the person who found the unclaimed property fails to take the property under the
9386 provisions of this chapter, the agency shall dispose of that property and any other property that
9387 is not claimed under this chapter as provided by Section 77-24-4 .
9388 (4) Any person employed by a law enforcement agency who finds property may not
9389 claim or receive property under this section.
9390 Section 222. Section 78A-6-109 is amended to read:
9391 78A-6-109. Summons -- Service and process -- Issuance and contents -- Notice to
9392 absent parent or guardian -- Emergency medical or surgical treatment -- Compulsory
9393 process for attendance of witnesses when authorized.
9394 (1) After a petition is filed the court shall promptly issue a summons, unless the judge
9395 directs that a further investigation is needed. No summons is required as to any person who
9396 appears voluntarily or who files a written waiver of service with the clerk of the court at or
9397 prior to the hearing.
9398 (2) The summons shall contain:
9399 (a) the name of the court;
9400 (b) the title of the proceedings; and
9401 (c) except for a published summons, a brief statement of the substance of the
9402 allegations in the petition.
9403 (3) A published summons shall state:
9404 (a) that a proceeding concerning the minor is pending in the court; and
9405 (b) an adjudication will be made.
9406 (4) The summons shall require the person or persons who have physical custody of the
9407 minor to appear personally and bring the minor before the court at a time and place stated. If
9408 the person or persons summoned are not the parent, parents, or guardian of the minor, the
9409 summons shall also be issued to the parent, parents, or guardian, as the case may be, notifying
9410 them of the pendency of the case and of the time and place set for the hearing.
9411 (5) Summons may be issued requiring the appearance of any other person whose
9412 presence the court finds necessary.
9413 (6) If it appears to the court that the welfare of the minor or of the public requires that
9414 the minor be taken into custody, the court may by endorsement upon the summons direct that
9415 the person serving the summons take the minor into custody at once.
9416 (7) Subject to Subsection 78A-6-117 (2)(n)(iii), upon the sworn testimony of one or
9417 more reputable physicians, the court may order emergency medical or surgical treatment that is
9418 immediately necessary for a minor concerning whom a petition has been filed pending the
9419 service of summons upon the minor's parents, guardian, or custodian.
9420 (8) A parent or guardian is entitled to the issuance of compulsory process for the
9421 attendance of witnesses on the parent's or guardian's own behalf or on behalf of the minor. A
9422 guardian ad litem or a probation officer is entitled to compulsory process for the attendance of
9423 witnesses on behalf of the minor.
9424 (9) Service of summons and process and proof of service shall be made in the manner
9425 provided in the Utah Rules of Civil Procedure.
9426 (10) Service of summons or process shall be made by the sheriff of the county where
9427 the service is to be made, or by his deputy; but upon request of the court service shall be made
9428 by any other peace officer, or by another suitable person selected by the court.
9429 (11) Service of summons in the state shall be made personally, by delivering a copy to
9430 the person summoned; provided, however, that parents of a minor living together at their usual
9431 place of abode may both be served by personal delivery to either parent of copies of the
9432 summons, one copy for each parent.
9433 (12) If the judge makes a written finding that he has reason to believe that personal
9434 service of the summons will be unsuccessful, or will not accomplish notification within a
9435 reasonable time after issuance of the summons, he may order service by registered mail, with a
9436 return receipt to be signed by the addressee only, to be addressed to the last-known address of
9437 the person to be served in the state. Service shall be complete upon return to the court of the
9438 signed receipt.
9439 (13) If the parents, parent, or guardian required to be summoned under Subsection (4)
9440 cannot be found within the state, the fact of their minor's presence within the state shall confer
9441 jurisdiction on the court in proceedings in a minor's case under this chapter as to any absent
9442 parent or guardian, provided that due notice has been given in the following manner:
9443 (a) If the address of the parent or guardian is known, due notice is given by sending
9444 him a copy of the summons by registered mail with a return receipt to be signed by the
9445 addressee only, or by personal service outside the state, as provided in the Utah Rules of Civil
9446 Procedure. Service by registered mail shall be complete upon return to the court of the signed
9447 receipt.
9448 (b) If the address or whereabouts of the parent or guardian outside the state cannot after
9449 diligent inquiry be ascertained, due notice is given by publishing a summons [
9450
9451 Notice Website as described in Section 63F-1-701 . The summons shall be published once a
9452 week for four successive weeks. Service shall be complete on the day of the last publication.
9453 (c) Service of summons as provided in this subsection shall vest the court with
9454 jurisdiction over the parent or guardian served in the same manner and to the same extent as if
9455 the person served was served personally within the state.
9456 (14) In the case of service in the state, service completed not less than 48 hours before
9457 the time set in the summons for the appearance of the person served, shall be sufficient to
9458 confer jurisdiction. In the case of service outside the state, service completed not less than five
9459 days before the time set in the summons for appearance of the person served, shall be sufficient
9460 to confer jurisdiction.
9461 (15) Computation of periods of time under this chapter shall be made in accordance
9462 with the Utah Rules of Civil Procedure.
9463 Section 223. Section 78B-5-613 is amended to read:
9464 78B-5-613. Proof of publication of document, notice, or order.
9465 If a court or judge orders a document or notice published [
9466 Public Notice Website as described in Section 63F-1-701 , evidence of the publication shall be
9467 made by affidavit of the publisher[
9468 the publication attached. The affidavit shall state the date [
9469 the Utah Public Notice Website as described in Section 63F-1-701 .
Legislative Review Note
as of 2-18-09 11:39 AM