S.B. 208

1

UTAH PUBLIC NOTICE WEBSITE
2 AMENDMENTS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Stephen H. Urquhart
6 House Sponsor: Kevin S. Garn
7
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34 10-2-108, as repealed and reenacted by Laws of Utah 1997, Chapter 389
35 10-2-111, as repealed and reenacted by Laws of Utah 1997, Chapter 389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 [in a newspaper or newspapers whose combined circulation is general in the
262 territory in which the association operates] on the Utah Public Notice Website as described in
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 [at least three occasions in a newspaper or other publication of
283 general circulation within the county] the Utah Public Notice Website as described in Section
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 [in a daily or weekly newspaper of general circulation within the city or town where the hearing
305 is scheduled] on the Utah Public Notice Website as described in Section 63F-1-701 .
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, [in a newspaper having general circulation
310 therein] on the Utah Public Notice Website as described in Section 63F-1-701 , which notice
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 [in three successive issues of a
341 newspaper of general circulation in the county where the principal place of business is to be
342 established] on the Utah Public Notice Website as described in Section 63F-1-701 ;
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 [at the

369 applicant's expense in a newspaper of general circulation within the county where the proposed
370 institution is to be located at least once a week] for three successive weeks before the date of
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 [at the applicant's expense in a newspaper of general circulation within the
459 county where the applicant is located at least once a week] on the Utah Public Notice Website
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 [in a newspaper serving the area] on the Utah Public Notice
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 [in a
519 newspaper of general circulation in each city or county in which the institution or other person,
520 or any subsidiary or service corporation of the institution, maintains an office] on the Utah
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[: (I)] once a week for two consecutive calendar weeks (in each
720 instance, on any day of the week) before the date on which the special meeting shall convene[;
721 and] on the Utah Public Notice Website as described in Section 63F-1-701 ; and
722 [(II) in a newspaper of general circulation in the county in which the home office of the
723 association is located; and]
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 [in a newspaper of general circulation within the county] on the Utah Public Notice
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 [deemed] considered to have been issued for that purpose.
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 [in a newspaper having general circulation in the area of operation] on the Utah
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 [in a newspaper of general
775 circulation in the county where the collecting institution is located] on the Utah Public Notice
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 [in the newspaper] on the Utah Public Notice Website as
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 [in the newspaper] on the Utah Public Notice Website as described in
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 [in a newspaper of general
811 circulation within the proposed city] on the Utah Public Notice Website as described in Section
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) [If there is no newspaper of general circulation within the proposed city, the]
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 [in a newspaper of general
831 circulation within the area proposed to be incorporated] on the Utah Public Notice Website as
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) [in a newspaper of general circulation within the future city at least once a week] for two
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) [If there is no newspaper of general circulation within the future city, the] The
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 [in a newspaper of general circulation
889 within the future city a notice containing] a notice on the Utah Public Notice Website as
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) [If there is no newspaper of general circulation within the future city, the] The
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 [in a newspaper of general circulation within the future
949 city] on the Utah Public Notice Website as described in Section 63F-1-701 .
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) [If there is no newspaper of general circulation within the future city, the] The
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 [in a newspaper of general circulation within the proposed town; or] on the
1012 Utah Public Notice Website as described in Section 63F-1-701 ; and
1013 (Bb) [if there is no newspaper of general circulation within the proposed town,] by
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, [in a newspaper of general
1198 circulation within] on the Utah Public Notice Website as described in Section 63F-1-701 :
1199 (A) the area proposed for annexation; and
1200 (B) the unincorporated area within 1/2 mile of the area proposed for annexation; [or]
1201 and
1202 (ii) [if there is no newspaper of general circulation within those areas,] post written
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 [in a newspaper of general circulation within the
1346 municipality and the area proposed for annexation] on the Utah Public Notice Website as
1347 described in Section 63F-1-701 ; [or] and
1348 (II) [if there is no newspaper of general circulation in those areas,] post written notices
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 [in a newspaper of general circulation within the area proposed for
1366 annexation, the surrounding 1/2 mile of unincorporated area, and the proposed annexing
1367 municipality] on the Utah Public Notice Website as described in Section 63F-1-701 ; and
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 [(B) If there is no newspaper of general circulation within the areas described in
1372 Subsection (1)(a)(iii)(A)(I), the commission shall give the notice required under that subsection
1373 by posting notices, at least seven days before the hearing, in conspicuous places within those
1374 areas that are most likely to give notice of the hearing to the residents of those areas.]
1375 [(C)] (B) The [notices] notice under [Subsections] Subsection (1)(a)(iii)(A) [and (B)]
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 [in a newspaper of general
1385 circulation within the area proposed for annexation] on the Utah Public Notice Website as
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 [in a newspaper
1437 of general circulation within the municipality and the area proposed for annexation; or] on the
1438 Utah Public Notice Website as described in Section 63F-1-701 ; and
1439 (B) [if there is no newspaper of general circulation in the areas described in Subsection
1440 (2)(a)(ii)(A),] post at least one notice per 1,000 population in places within those areas that are
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 [in a newspaper
1500 of general circulation within the municipality; or] on the Utah Public Notice Website as
1501 described in Section 63F-1-701 ; and
1502 (B) [if there is no newspaper of general circulation within the municipality,] post at
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; [and]
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