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First Substitute S.B. 208
Senator Stephen H. Urquhart proposes the following substitute bill:
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UTAH PUBLIC NOTICE WEBSITE
2
AMENDMENTS
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2009 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Stephen H. Urquhart
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House Sponsor:
____________
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LONG TITLE
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General Description:
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This bill amends provisions of the Utah Public Notice Website.
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Highlighted Provisions:
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This bill:
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. amends provisions of the Utah Public Notice Website to include posting legal
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notices; and
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. makes technical corrections.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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3-1-7, as last amended by Laws of Utah 1994, Chapter 204
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4-17-7, as last amended by Laws of Utah 1985, Chapter 18
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4-30-5, as enacted by Laws of Utah 1979, Chapter 2
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6-1-5, Utah Code Annotated 1953
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7-1-704, as last amended by Laws of Utah 2008, Chapter 382
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7-1-706, as last amended by Laws of Utah 1997, Chapter 91
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7-1-709, as last amended by Laws of Utah 1995, Chapter 49
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7-2-6, as last amended by Laws of Utah 1994, Chapter 200
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7-7-10, as last amended by Laws of Utah 2003, Chapter 327
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8-5-6, as last amended by Laws of Utah 2002, Chapter 123
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9-3-409, as last amended by Laws of Utah 2005, Chapter 105
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9-8-805, as renumbered and amended by Laws of Utah 1992, Chapter 241
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10-2-108, as repealed and reenacted by Laws of Utah 1997, Chapter 389
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10-2-111, as repealed and reenacted by Laws of Utah 1997, Chapter 389
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10-2-114, as last amended by Laws of Utah 2008, Chapter 19
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10-2-115, as last amended by Laws of Utah 2000, Chapter 1
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10-2-116, as enacted by Laws of Utah 1997, Chapter 389
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10-2-125, as last amended by Laws of Utah 2008, Chapters 16 and 19
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10-2-406, as last amended by Laws of Utah 2007, Chapter 329
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10-2-407, as last amended by Laws of Utah 2003, Chapter 211
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10-2-415, as last amended by Laws of Utah 2001, Chapter 206
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10-2-418, as last amended by Laws of Utah 2007, Chapters 329 and 378
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10-2-419, as last amended by Laws of Utah 2007, Chapter 329
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10-2-501, as last amended by Laws of Utah 2003, Chapter 279
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10-2-502.5, as renumbered and amended by Laws of Utah 2003, Chapter 279
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10-2-607, as last amended by Laws of Utah 1993, Chapter 227
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10-2-703, as enacted by Laws of Utah 1977, Chapter 48
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10-2-708, as enacted by Laws of Utah 1977, Chapter 48
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10-3-818, as last amended by Laws of Utah 2008, Chapter 250
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10-5-108, as last amended by Laws of Utah 2001, Chapter 178
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10-6-113, as enacted by Laws of Utah 1979, Chapter 26
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10-6-152, as last amended by Laws of Utah 1993, Chapter 4
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10-7-16, as last amended by Laws of Utah 2002, Chapter 90
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10-7-19, Utah Code Annotated 1953
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10-8-2, as last amended by Laws of Utah 2008, Chapters 3 and 382
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10-9a-204, as enacted by Laws of Utah 2005, Chapter 254
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10-9a-205, as enacted by Laws of Utah 2005, Chapter 254
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10-9a-208, as last amended by Laws of Utah 2006, Chapter 240
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10-18-203, as enacted by Laws of Utah 2001, Chapter 83
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10-18-302, as last amended by Laws of Utah 2008, Chapter 382
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10-18-303, as enacted by Laws of Utah 2001, Chapter 83
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11-13-219, as last amended by Laws of Utah 2005, Chapter 105
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11-14-202, as last amended by Laws of Utah 2006, Chapter 83
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11-14-315, as last amended by Laws of Utah 2006, Chapter 83
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11-14-316, as last amended by Laws of Utah 2006, Chapter 83
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11-14-318, as enacted by Laws of Utah 2008, Chapter 21
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11-14a-1, as last amended by Laws of Utah 2007, Chapter 329
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11-17-16, as last amended by Laws of Utah 1988, Third Special Session, Chapter 1
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11-27-4, as enacted by Laws of Utah 1981, Chapter 43
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11-27-5, as enacted by Laws of Utah 1981, Chapter 43
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11-30-5, as last amended by Laws of Utah 1997, Chapter 84
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11-32-10, as enacted by Laws of Utah 1987, Chapter 143
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11-32-11, as enacted by Laws of Utah 1987, Chapter 143
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11-39-103, as last amended by Laws of Utah 2007, Chapter 329
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11-42-202, as enacted by Laws of Utah 2007, Chapter 329
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11-42-301, as enacted by Laws of Utah 2007, Chapter 329
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11-42-402, as enacted by Laws of Utah 2007, Chapter 329
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11-42-404, as enacted by Laws of Utah 2007, Chapter 329
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11-42-604, as enacted by Laws of Utah 2007, Chapter 329
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13-31-302, as enacted by Laws of Utah 1998, Chapter 349
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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
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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
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16-6a-704, as enacted by Laws of Utah 2000, Chapter 300
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16-6a-814, as last amended by Laws of Utah 2006, Chapter 228
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16-6a-1407, as last amended by Laws of Utah 2008, Chapter 364
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16-10a-103, as last amended by Laws of Utah 2008, Chapter 364
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16-10a-1407, as last amended by Laws of Utah 2008, Chapter 364
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16-16-1209, as enacted by Laws of Utah 2008, Chapter 363
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17-16-3, as last amended by Laws of Utah 2006, Chapter 3
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17-27a-204, as enacted by Laws of Utah 2005, Chapter 254
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17-27a-205, as enacted by Laws of Utah 2005, Chapter 254
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17-27a-208, as last amended by Laws of Utah 2006, Chapter 240
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17-27a-306, as last amended by Laws of Utah 2008, Chapter 250
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17-27a-404, as renumbered and amended by Laws of Utah 2005, Chapter 254
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17-30-6, as last amended by Laws of Utah 1993, Chapter 234
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17-36-12, as last amended by Laws of Utah 1979, Chapter 62
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17-36-25, as enacted by Laws of Utah 1975, Chapter 22
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17-36-26, as enacted by Laws of Utah 1975, Chapter 22
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17-36-40, as enacted by Laws of Utah 1983, Chapter 73
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17-41-302, as last amended by Laws of Utah 2006, Chapter 194
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17-41-304, as last amended by Laws of Utah 2006, Chapter 194
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17-41-405, as last amended by Laws of Utah 2006, Chapter 194
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17-52-101, as last amended by Laws of Utah 2001, Chapter 241
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17-53-208, as last amended by Laws of Utah 2006, Chapter 192
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17A-3-914, as last amended by Laws of Utah 1991, Chapter 5
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17A-3-915, as renumbered and amended by Laws of Utah 1990, Chapter 186
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17B-1-211, as renumbered and amended by Laws of Utah 2007, Chapter 329
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17B-1-304, as renumbered and amended by Laws of Utah 2007, Chapter 329
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17B-1-306, as last amended by Laws of Utah 2008, Chapters 54, 182, and 360
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17B-1-313, as enacted by Laws of Utah 2007, Chapter 329
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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
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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
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17C-1-601, as renumbered and amended by Laws of Utah 2006, Chapter 359
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17C-2-108, as renumbered and amended by Laws of Utah 2006, Chapter 359
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17C-2-403, as renumbered and amended by Laws of Utah 2006, Chapter 359
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17C-3-107, as enacted by Laws of Utah 2006, Chapter 359
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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
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17C-4-202, as last amended by Laws of Utah 2007, Chapter 364
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17C-4-302, as enacted by Laws of Utah 2006, Chapter 359
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17D-1-205, as enacted by Laws of Utah 2008, Chapter 360
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17D-2-601, as enacted by Laws of Utah 2008, Chapter 360
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17D-3-305, as enacted by Laws of Utah 2008, Chapter 360
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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
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20A-5-101, as last amended by Laws of Utah 2007, Chapters 238 and 329
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20A-5-405, as last amended by Laws of Utah 2007, Chapter 75
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20A-7-204.1, as last amended by Laws of Utah 2005, Chapter 236
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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
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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
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26-8a-405.3, as last amended by Laws of Utah 2008, Chapter 382
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26-8a-406, as last amended by Laws of Utah 2003, Chapter 213
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26-19-6, as last amended by Laws of Utah 2004, Chapter 72
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31A-2-303, as last amended by Laws of Utah 1987, Chapter 161
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31A-27a-406, as enacted by Laws of Utah 2007, Chapter 309
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38-2-3.2, as last amended by Laws of Utah 2007, Chapter 306
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38-8-3, as last amended by Laws of Utah 1984, Chapter 66
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38-13-204, as enacted by Laws of Utah 2005, Chapter 187
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39-1-15, Utah Code Annotated 1953
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40-6-10, as last amended by Laws of Utah 2008, Chapter 382
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40-8-8, as last amended by Laws of Utah 2002, Chapter 194
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40-8-10, as last amended by Laws of Utah 1987, Chapter 161
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40-8-13, as last amended by Laws of Utah 2003, Chapter 35
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40-10-13, as last amended by Laws of Utah 2008, Chapter 382
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40-10-17 (Subsect (2)(t)(ii) Repeal 09/30/09), as last amended by Laws of Utah 2004,
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Chapter 230
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40-10-27, as last amended by Laws of Utah 1997, Chapter 135
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41-1a-1103, as last amended by Laws of Utah 2005, Chapter 56
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47-2-4, as last amended by Laws of Utah 2000, Chapter 75
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48-2c-1306, as last amended by Laws of Utah 2008, Chapter 364
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52-4-202, as last amended by Laws of Utah 2008, Chapters 234 and 360
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53A-3-202, as last amended by Laws of Utah 2007, Chapter 375
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53A-3-402, as last amended by Laws of Utah 2007, Chapter 92
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53A-18-104, as enacted by Laws of Utah 1988, Chapter 2
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53A-19-102, as last amended by Laws of Utah 2008, Chapters 61, 231, and 236
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53A-19-104, as enacted by Laws of Utah 1988, Chapter 2
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53B-3-107, as last amended by Laws of Utah 1997, Chapter 116
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53B-7-101.5, as enacted by Laws of Utah 2001, Chapter 186
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54-4-27, Utah Code Annotated 1953
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54-7-17, as last amended by Laws of Utah 1987, Chapter 161
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54-8-10, as enacted by Laws of Utah 1969, Chapter 157
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54-8-16, as enacted by Laws of Utah 1969, Chapter 157
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54-8-23, as enacted by Laws of Utah 1969, Chapter 157
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57-1-25, as last amended by Laws of Utah 2002, Chapter 209
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57-11-11, as last amended by Laws of Utah 2000, Chapter 86
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59-2-918, as last amended by Laws of Utah 2008, Chapters 61, 231, and 236
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59-2-919, as last amended by Laws of Utah 2008, Chapters 231 and 301
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59-2-924, as last amended by Laws of Utah 2008, Chapters 61, 118, 231, 236, 330, 360,
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and 382
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59-2-926, as last amended by Laws of Utah 2008, Chapter 330
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59-2-1303, as last amended by Laws of Utah 1999, Chapter 207
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59-2-1309, as last amended by Laws of Utah 1997, Chapter 360
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59-2-1310, as last amended by Laws of Utah 1995, Chapter 198
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59-2-1332, as last amended by Laws of Utah 1997, Chapter 143
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59-2-1332.5, as last amended by Laws of Utah 2002, Chapter 30
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59-2-1351, as last amended by Laws of Utah 2000, Chapter 75
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59-12-402, as last amended by Laws of Utah 2008, Chapter 384
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59-12-1001, as last amended by Laws of Utah 2008, Chapters 382 and 384
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59-12-1102, as last amended by Laws of Utah 2008, Chapters 237, 382, and 384
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63B-1-317, as renumbered and amended by Laws of Utah 2003, Chapter 86
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63B-1a-501, as enacted by Laws of Utah 2003, Chapter 2
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63B-2-116, as last amended by Laws of Utah 2005, Chapter 105
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63B-2-216, as last amended by Laws of Utah 2005, Chapter 105
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63B-3-116, as last amended by Laws of Utah 2005, Chapter 105
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63B-3-216, as last amended by Laws of Utah 2005, Chapter 105
201
63B-4-116, as last amended by Laws of Utah 2005, Chapter 105
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63B-5-116, as last amended by Laws of Utah 2005, Chapter 105
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63B-6-116, as last amended by Laws of Utah 2005, Chapter 105
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63B-6-216, as last amended by Laws of Utah 2005, Chapter 105
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63B-6-416, as last amended by Laws of Utah 2005, Chapter 105
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63B-7-116, as last amended by Laws of Utah 2005, Chapter 105
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63B-7-216, as last amended by Laws of Utah 2005, Chapter 105
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63B-7-416, as last amended by Laws of Utah 2005, Chapter 105
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63B-8-116, as last amended by Laws of Utah 2005, Chapter 105
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63B-8-216, as last amended by Laws of Utah 2005, Chapter 105
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63B-8-416, as last amended by Laws of Utah 2005, Chapter 105
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63B-10-116, as last amended by Laws of Utah 2005, Chapter 105
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63B-11-116, as last amended by Laws of Utah 2005, Chapter 105
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63B-11-216, as last amended by Laws of Utah 2005, Chapter 105
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63B-11-316, as last amended by Laws of Utah 2005, Chapter 105
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63B-11-516, as last amended by Laws of Utah 2005, Chapter 105
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63C-7-306, as enacted by Laws of Utah 1997, Chapter 136
218
63F-1-701, as enacted by Laws of Utah 2007, Chapter 249
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63G-6-401, as renumbered and amended by Laws of Utah 2008, Chapter 382
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63G-9-303, as renumbered and amended by Laws of Utah 2008, Chapter 382
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63H-1-403, as enacted by Laws of Utah 2007, Chapter 23
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63H-1-701, as enacted by Laws of Utah 2007, Chapter 23
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63H-1-801, as enacted by Laws of Utah 2007, Chapter 23
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67-4a-402, as last amended by Laws of Utah 2007, Chapter 18
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67-4a-403, as last amended by Laws of Utah 2007, Chapter 18
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72-3-108, as last amended by Laws of Utah 2000, Chapter 324
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72-5-105, as last amended by Laws of Utah 2006, Chapter 101
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72-6-108, as last amended by Laws of Utah 2008, Chapter 382
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73-1-4, as last amended by Laws of Utah 2008, Chapters 380 and 382
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73-1-16, Utah Code Annotated 1953
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73-3-6, as last amended by Laws of Utah 2003, Chapter 99
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73-3-12, as last amended by Laws of Utah 2008, Chapters 52 and 311
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73-3a-107, as last amended by Laws of Utah 2003, Chapter 99
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73-4-3, as last amended by Laws of Utah 2007, Chapter 136
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73-4-4, as last amended by Laws of Utah 2007, Chapter 136
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73-4-9, Utah Code Annotated 1953
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73-5-14, Utah Code Annotated 1953
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73-5-15, as last amended by Laws of Utah 2008, Chapters 360 and 382
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73-6-2, Utah Code Annotated 1953
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75-1-401, as last amended by Laws of Utah 1977, Chapter 194
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75-3-801, as last amended by Laws of Utah 1992, Chapter 179
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75-7-508, as last amended by Laws of Utah 2007, Chapter 64
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76-8-809, as enacted by Laws of Utah 1973, Chapter 196
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76-10-530, as last amended by Laws of Utah 2003, Chapter 203
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77-24a-5, as last amended by Laws of Utah 2005, Chapter 126
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78A-6-109, as renumbered and amended by Laws of Utah 2008, Chapter 3
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78B-5-613, as enacted by Laws of Utah 2008, Chapter 3
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
3-1-7
is amended to read:
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3-1-7. Amendments to articles of incorporation.
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(1) An association may amend its articles of incorporation by the affirmative vote of a
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majority of the members voting at:
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(a) a regular meeting; or
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(b) a special meeting called for that purpose.
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(2) Written notice of the proposed amendment and of the time and place of the meeting
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shall be provided to the members of the association by any one of the following procedures:
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(a) by mail at the last-known address at least ten days prior to the meeting;
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(b) by personal delivery at least ten days prior to the meeting; or
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(c) by publication not less than ten days or more than 60 days prior to the meeting in a
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periodical published by or for the association, to which substantially all of its members are
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subscribers, or [in a newspaper or newspapers whose combined circulation is general in the
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territory in which the association operates] on the Utah Public Notice Website as described in
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Section
63F-1-701
.
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(3) In addition to one of the means set forth in Subsection (2), the association may give
266
notice by any method established pursuant to the articles of incorporation or bylaws of the
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association.
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(4) The bylaws may require that the notice period be longer than ten days.
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(5) An amendment affecting the preferential rights of any outstanding preferred stock
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may not be adopted until the written consent of the holders of a majority of the outstanding
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preference shares has been obtained.
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(6) After an amendment has been adopted, articles of amendment shall be:
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(a) prepared, in duplicate, setting forth the amendment and the fact of the adoption;
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(b) signed and acknowledged by the president, chair, vice president, or vice chair and
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by the secretary or treasurer; and
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(c) filed in the same manner as the original articles of incorporation.
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Section 2.
Section
4-17-7
is amended to read:
278
4-17-7. Notice of noxious weeds to be published annually in county -- Notice to
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particular property owners to control noxious weeds -- Methods of prevention or control
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specified -- Failure to control noxious weeds considered public nuisance.
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(1) Each county weed control board before May 1 of each year shall post a general
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notice of the noxious weeds within the county in at least three public places within the county
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and publish the same notice on [at least three occasions in a newspaper or other publication of
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general circulation within the county] the Utah Public Notice Website as described in Section
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63F-1-701
.
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(2) If the county weed control board determines that particular property within the
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county requires prompt and definite attention to prevent or control noxious weeds, it shall serve
288
the owner or the person in possession of the property, personally or by certified mail, a notice
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specifying when and what action should be taken on the property. Methods of prevention or
290
control may include definite systems of tillage, cropping, use of chemicals, and use of
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livestock.
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(3) An owner or person in possession of property who fails to take action to control or
293
prevent the spread of noxious weeds as specified in the notice is maintaining a public nuisance.
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Section 3.
Section
4-30-5
is amended to read:
295
4-30-5. Hearing on license application -- Notice of hearing.
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(1) Upon the filing of an application, the chairman of the Livestock Market Committee
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shall set a time for hearing on the application in the city or town nearest the proposed site of the
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livestock market and cause notice of the time and place of the hearing together with a copy of
299
the application to be forwarded by mail, not less than 15 days before the hearing date, to the
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following:
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(a) each licensed livestock market operator within the state; and
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(b) each livestock or other interested association or group of persons in the state that
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has filed written notice with the committee requesting receipt of notice of such hearings.
304
(2) Notice of the hearing shall be published 14 days before the scheduled hearing date
305
[in a daily or weekly newspaper of general circulation within the city or town where the hearing
306
is scheduled] on the Utah Public Notice Website as described in Section
63F-1-701
.
307
Section 4.
Section
6-1-5
is amended to read:
308
6-1-5. Notice of assignment.
309
The assignee shall forthwith give notice of such assignment by publication in some
310
newspaper published in the county, or, if none, [in a newspaper having general circulation
311
therein] on the Utah Public Notice Website as described in Section
63F-1-701
, which notice
312
shall be published at least once a week for six weeks; and shall forthwith send a notice by mail
313
to each creditor of whom he shall be informed, directed to his usual place of residence,
314
requiring such creditor to present to him within three months thereafter his claims under oath.
315
Section 5.
Section
7-1-704
is amended to read:
316
7-1-704. Authorization required to engage in business -- Exemptions --
317
Procedure.
318
(1) (a) An institution subject to the jurisdiction of the department may maintain an
319
office in this state or engage in the activities of a financial institution in this state only if it is
320
authorized to do so by the department.
321
(b) This Subsection (1) does not apply to:
322
(i) any person who is lawfully engaging in the activities of a financial institution in this
323
state on July 1, 1981, unless the institution was not subject to the jurisdiction of the department
324
before that date;
325
(ii) an application to establish a branch or additional office; or
326
(iii) the establishment of a service corporation or service organization.
327
(2) An applicant for authorization to become an institution subject to the jurisdiction of
328
the department shall pay to the department the appropriate filing fee, as provided in Section
329
7-1-401
, and shall file with the commissioner:
330
(a) its undertaking to pay all expenses incurred in conducting any administrative
331
proceedings forming part of the department's consideration of the application;
332
(b) its proposed articles of incorporation and by-laws;
333
(c) an application in a form prescribed by the commissioner that includes all
334
information the commissioner requires about the source of the proposed original capital and
335
about the identity, personal history, business background and experience, financial condition,
336
and participation in any litigation or administrative proceeding of the organizers, the proposed
337
members of the board of directors, and the principal officers; and
338
(d) any other information the commissioner requires.
339
(3) In addition to the requirements of Title 63G, Chapter 4, Administrative Procedures
340
Act, the commissioner shall, at the expense of the applicant:
341
(a) give notice of the application by publication [in three successive issues of a
342
newspaper of general circulation in the county where the principal place of business is to be
343
established] on the Utah Public Notice Website as described in Section
63F-1-701
;
344
(b) give notice of the application to other institutions subject to the jurisdiction of the
345
department in a manner and to an extent the commissioner considers appropriate;
346
(c) cause the appropriate supervisor to make a careful investigation and examination of
347
the following:
348
(i) the character, reputation, and financial standing and ability of the organizers;
349
(ii) the character, financial responsibility, experience, and business qualifications of
350
those proposed as officers;
351
(iii) the character and standing in the community of those proposed as directors,
352
principal stockholders, or owners;
353
(iv) the need in the service area where the institution would be located, giving
354
particular consideration to the adequacy of existing financial facilities and the effect the
355
proposed institution would have on existing institutions in the area;
356
(v) the ability of the proposed service area to support the proposed institution,
357
including the extent and nature of existing competition, the economic history and future
358
prospects of the community, and the opportunity for profitable employment of financial
359
institution funds; and
360
(vi) other facts and circumstances bearing on the proposed institution that the
361
supervisor considers relevant.
362
(4) (a) The supervisor shall submit findings and recommendations in writing to the
363
commissioner.
364
(b) The application, any additional information furnished by the applicant, and the
365
findings and recommendations of the supervisor may be inspected by any person at the
366
department's office, except those portions of the application or report the commissioner
367
declares to be confidential, pursuant to the applicant's request, in order to prevent a clearly
368
unwarranted invasion of privacy.
369
(5) (a) If a hearing is held, the applicant shall publish notice of the hearing [at the
370
applicant's expense in a newspaper of general circulation within the county where the proposed
371
institution is to be located at least once a week] for three successive weeks before the date of
372
hearing on the Utah Public Notice Website as described in Section
63F-1-701
.
373
(b) The notice shall include the date, time, and place of the hearing and any other
374
information required by the commissioner.
375
(c) The commissioner shall act on the record before him within 30 days after receipt of
376
the transcript of the hearing.
377
(6) If no hearing is held, the commissioner may, within 90 days of acceptance of the
378
application as complete, approve or disapprove the application based on the papers filed with
379
him, together with the supervisor's findings and recommendations.
380
(7) (a) The commissioner may not approve the application unless the commissioner
381
finds that the applicant has established by the preponderance of the evidence that:
382
(i) in light of the need for financial services in the area, the adequacy of existing
383
facilities, and the effect the proposed institution would have on existing institutions in the area,
384
the public need and convenience will be promoted by the establishment of the proposed
385
institution;
386
(ii) in light of the ability of the proposed service area to support the proposed
387
institution, including the extent and nature of existing competition, the economic history and
388
future prospects of the community, and the opportunity for profitable employment of financial
389
institution funds, conditions in the service area in which the proposed institution would transact
390
business afford reasonable promise of a successful operation;
391
(iii) the institution is being formed only for legitimate purposes allowed by the laws of
392
this state;
393
(iv) the proposed capital equals or exceeds the required minimum and is adequate in
394
light of current and prospective conditions;
395
(v) if the applicant is seeking authority to accept deposits, the deposits will be insured
396
or guaranteed by an agency of the federal government;
397
(vi) the proposed officers and directors have sufficient experience, ability, and standing
398
to afford reasonable promise of a successful operation;
399
(vii) the name of the proposed financial institution does not resemble the name of any
400
other institution transacting business in this state so closely as to cause confusion;
401
(viii) the applicants have complied with all of the provisions of law; and
402
(ix) no properly managed and soundly operated existing institutions offering
403
substantially similar services in the service area to which the application relates will be unduly
404
injured by approval of the application.
405
(b) The commissioner may condition approval of the application on the institution's
406
acceptance of requirements or conditions with respect to insurance that the commissioner
407
considers necessary to protect depositors.
408
(8) (a) The commissioner shall provide written findings and conclusions on the
409
application.
410
(b) Upon approving an application, the commissioner shall:
411
(i) endorse the approval on the articles of incorporation;
412
(ii) file one copy with the Division of Corporations and Commercial Code;
413
(iii) retain one file copy; and
414
(iv) return one copy to the applicant within ten days after the date of the
415
commissioner's decision approving the application.
416
(c) Upon disapproving an application, the commissioner shall mail notice of the
417
disapproval to the applicant within ten days.
418
(d) The commissioner may approve an application subject to conditions the
419
commissioner considers appropriate to protect the public interest and carry out the purposes of
420
this title.
421
(e) The commissioner shall give written notice of the decision to all persons who have
422
filed a protest to the application.
423
(9) Upon approval of an application for authorization to conduct a business subject to
424
the jurisdiction of the department, the commissioner shall issue a license, permit, or other
425
appropriate certificate of authority if:
426
(a) except in the case of credit unions, all of the capital of the institution being formed
427
has been paid in; and
428
(b) all the conditions and other requirements for approval of the application have been
429
met.
430
(10) (a) Any approval by the commissioner of an application under this section is
431
considered revoked unless the business is open and operating within one year from the date of
432
the approval.
433
(b) The commissioner, on written application made before the expiration of that period,
434
and for good cause shown, may extend the date for activation for additional periods not to
435
exceed six months each.
436
(11) No person may obtain, for the purpose of resale, a certificate of approval to
437
operate any institution under the jurisdiction of the department.
438
(12) The commissioner may approve an application without any notice to other
439
financial institutions to respond to an emergency arising from the insolvency of an existing
440
institution or to prevent the failure of an existing institution if the commissioner makes the
441
findings required by Subsection (7).
442
Section 6.
Section
7-1-706
is amended to read:
443
7-1-706. Application to commissioner to exercise power -- Procedure.
444
(1) Except as provided in Sections
7-1-704
and
7-1-705
, by filing a request for agency
445
action with the commissioner, any person may request the commissioner to:
446
(a) issue any rule or order;
447
(b) exercise any powers granted to the commissioner under this title; or
448
(c) act on any matter that is subject to the approval of the commissioner.
449
(2) Within ten days of receipt of the request, the commissioner shall, at the applicant's
450
expense, cause a supervisor to make a careful investigation of the facts relevant or material to
451
the request.
452
(3) (a) The supervisor shall submit written findings and recommendations to the
453
commissioner.
454
(b) The application, any additional information furnished by the applicant, and the
455
findings and recommendations of the supervisor may be inspected by any person at the office
456
of the commissioner, except those portions of the application or report that the commissioner
457
designates as confidential to prevent a clearly unwarranted invasion of privacy.
458
(4) (a) If a hearing is held concerning the request, the commissioner shall publish notice
459
of the hearing [at the applicant's expense in a newspaper of general circulation within the
460
county where the applicant is located at least once a week] on the Utah Public Notice Website
461
as described in Section
63F-1-701
for three successive weeks before the date of the hearing.
462
(b) The notice required by Subsection (4)(a) shall include the information required by
463
the department's rules.
464
(c) The commissioner shall act upon the request within 30 days after the close of the
465
hearing, based on the record before the commissioner.
466
(5) (a) If no hearing is held, the commissioner shall approve or disapprove the request
467
within 90 days of receipt of the request based on:
468
(i) the application;
469
(ii) additional information filed with the commissioner; and
470
(iii) the findings and recommendations of the supervisor.
471
(b) The commissioner shall act on the request by issuing findings of fact, conclusions,
472
and an order, and shall mail a copy of each to:
473
(i) the applicant;
474
(ii) all persons who have filed protests to the granting of the application; and
475
(iii) other persons that the commissioner considers should receive copies.
476
(6) The commissioner may impose any conditions or limitations on the approval or
477
disapproval of a request that the commissioner considers proper to:
478
(a) protect the interest of creditors, depositors, and other customers of an institution;
479
(b) protect its shareholders or members; and
480
(c) carry out the purposes of this title.
481
Section 7.
Section
7-1-709
is amended to read:
482
7-1-709. Branches -- Discontinuance of operation.
483
(1) A Utah depository institution or out-of-state depository institution authorized to do
484
business in this state may discontinue operation of a branch upon resolution of its board of
485
directors.
486
(2) Upon adopting the resolution, the institution shall file an application with the
487
commissioner specifying:
488
(a) the location of the branch to be discontinued;
489
(b) the date of the proposed discontinuance;
490
(c) the reasons for closing the branch; and
491
(d) the extent to which the public need and convenience or service to members would
492
still be adequately met.
493
(3) Upon filing its application with the commissioner, the institution shall publish
494
notice of the discontinuance [in a newspaper serving the area] on the Utah Public Notice
495
Website as described in Section
63F-1-701
once a week for two consecutive weeks. The
496
commissioner may approve the application after a reasonable comment period following
497
publication.
498
(4) An out-of-state depository institution with a branch in Utah is not subject to the
499
requirements of this section if the branch to be closed is located outside of Utah.
500
Section 8.
Section
7-2-6
is amended to read:
501
7-2-6. Possession by commissioner -- Notice -- Presentation, allowance, and
502
disallowance of claims -- Objections to claims.
503
(1) (a) Possession of an institution by the commissioner commences when notice of
504
taking possession is:
505
(i) posted in each office of the institution located in this state; or
506
(ii) delivered to a controlling person or officer of the institution.
507
(b) All notices, records, and other information regarding possession of an institution by
508
the commissioner may be kept confidential, and all court records and proceedings relating to
509
the commissioner's possession may be sealed from public access if:
510
(i) the commissioner finds it is in the best interests of the institution and its depositors
511
not to notify the public of the possession by the commissioner;
512
(ii) the deposit and withdrawal of funds and payment to creditors of the institution is
513
not suspended, restricted, or interrupted; and
514
(iii) the court approves.
515
(2) (a) Within 15 days after taking possession of an institution or other person under
516
the jurisdiction of the department, the commissioner shall publish a notice to all persons who
517
may have claims against the institution or other person to file proof of their claims with the
518
commissioner before a date specified in the notice. The filing date shall be at least 90 days
519
after the date of the first publication of the notice. The notice shall be published [in a
520
newspaper of general circulation in each city or county in which the institution or other person,
521
or any subsidiary or service corporation of the institution, maintains an office] on the Utah
522
Public Notice Website as described in Section
63F-1-701
. The notice shall be published again
523
approximately 30 days and 60 days after the date of the first publication.
524
(b) (i) Within 60 days of taking possession of a depository institution, the
525
commissioner shall send a similar notice to all persons whose identity is reflected in the books
526
or records of the institution as depositors or other creditors, secured or unsecured, parties to
527
litigation involving the institution pending at the date the commissioner takes possession of the
528
institution, and all other potential claimants against the institution whose identity is reasonably
529
ascertainable by the commissioner from examination of the books and records of the
530
institution. No notice is required in connection with accounts or other liabilities of the
531
institution that will be paid in full or be fully assumed by another depository institution or trust
532
company. The notice shall specify a filing date for claims against the institution not less than
533
60 days after the date of mailing. Claimants whose claims against the institution have been
534
assumed by another depository institution or trust company pursuant to a merger or purchase
535
and assumption agreement with the commissioner, or a federal deposit insurance agency
536
appointed as receiver or liquidator of the institution, shall be notified of the assumption of their
537
claims and the name and address of the assuming party within 60 days after the claim is
538
assumed. Unless a purchase and assumption or merger agreement requires otherwise, the
539
assuming party shall give all required notices. Notice shall be mailed to the address appearing
540
in the books and records of the institution.
541
(ii) Inadvertent or unintentional failure to mail a notice to any person entitled to written
542
notice under this paragraph does not impose any liability on the commissioner or any receiver
543
or liquidator appointed by him beyond the amount the claimant would be entitled to receive if
544
the claim had been timely filed and allowed. The commissioner or any receiver or liquidator
545
appointed by him are not liable for failure to mail notice unless the claimant establishes that it
546
had no knowledge of the commissioner taking possession of the institution until after all
547
opportunity had passed for obtaining payment through filing a claim with the commissioner,
548
receiver, or liquidator.
549
(c) Upon good cause shown, the court having supervisory jurisdiction may extend the
550
time in which the commissioner may serve any notice required by this chapter.
551
(d) The commissioner has the sole power to adjudicate any claim against the
552
institution, its property or other assets, tangible or intangible, and to settle or compromise
553
claims within the priorities set forth in Section
7-2-15
. Any action of the commissioner is
554
subject to judicial review as provided in Subsection (9).
555
(e) A receiver or liquidator of the institution appointed by the commissioner has all the
556
duties, powers, authority, and responsibilities of the commissioner under this section. All
557
claims against the institution shall be filed with the receiver or liquidator within the applicable
558
time specified in this section and the receiver or liquidator shall adjudicate the claims as
559
provided in Subsection (2)(d).
560
(f) The procedure established in this section is the sole remedy of claimants against an
561
institution or its assets in the possession of the commissioner.
562
(3) With respect to a claim which appears in the books and records of an institution or
563
other person in the possession of the commissioner as a secured claim, which, for purposes of
564
this section is a claim that constitutes an enforceable, perfected lien, evidenced in writing, on
565
the assets or other property of the institution:
566
(a) The commissioner shall allow or disallow each secured claim filed on or before the
567
filing date within 30 days after receipt of the claim and shall notify each secured claimant by
568
certified mail or in person of the basis for, and any conditions imposed on, the allowance or
569
disallowance.
570
(b) For all allowed secured claims, the commissioner shall be bound by the terms,
571
covenants, and conditions relating to the assets or other property subject to the claim, as set
572
forth in the note, bond, or other security agreement which evidences the secured claim, unless
573
the commissioner has given notice to the claimant of his intent to abandon the assets or other
574
property subject to the secured claim at the time the commissioner gave the notice described in
575
Subsection (3)(a).
576
(c) No petition for lifting the stay provided by Section
7-2-7
may be filed with respect
577
to a secured claim before the claim has been filed and allowed or disallowed by the
578
commissioner in accordance with Subsection (3)(a).
579
(4) With respect to all other claims other than secured claims:
580
(a) Each claim filed on or before the filing date shall be allowed or disallowed within
581
180 days after the final publication of notice.
582
(b) If notice of disallowance is not served upon the claimant by the commissioner
583
within 210 days after the date of final publication of notice, the claim is considered disallowed.
584
(c) The rights of claimants and the amount of a claim shall be determined as of the date
585
the commissioner took possession of the institution under this chapter. Claims based on
586
contractual obligations of the institution in existence on the date of possession may be allowed
587
unless the obligation of the institution is dependent on events occurring after the date of
588
possession, or the amount or worth of the claim cannot be determined before any distribution
589
of assets of the institution is made to claimants having the same priority under Section
7-2-15
.
590
(d) (i) An unliquidated claim against the institution, including claims based on alleged
591
torts for which the institution would have been liable on the date the commissioner took
592
possession of the institution and any claims for a right to an equitable remedy for breach of
593
performance by the institution, may be filed in an estimated amount. The commissioner may
594
disallow or allow the claim in an amount determined by the commissioner, settle the claim in
595
an amount approved by the court, or, in his discretion, refer the claim to the court designated by
596
Section
7-2-2
for determination in accordance with procedures designated by the court. If the
597
institution held on the date of possession by the commissioner a policy of insurance that would
598
apply to the liability asserted by the claimant, the commissioner, or any receiver appointed by
599
him may assign to the claimant all rights of the institution under the insurance policy in full
600
satisfaction of the claim.
601
(ii) If the commissioner finds there are or may be issues of fact or law as to the validity
602
of a claim, liquidated or unliquidated, or its proper allowance or disallowance under the
603
provisions of this chapter, he may appoint a hearing examiner to conduct a hearing and to
604
prepare and submit recommended findings of fact and conclusions of law for final
605
consideration by the commissioner. The hearing shall be conducted as provided in rules or
606
regulations issued by the commissioner. The decision of the commissioner shall be based on
607
the record before the hearing examiner and information the commissioner considers relevant
608
and shall be subject to judicial review as provided in Subsection (9).
609
(e) A claim may be disallowed if it is based on actions or documents intended to
610
deceive the commissioner or any receiver or liquidator appointed by him.
611
(f) The commissioner may defer payment of any claim filed on behalf of a person who
612
was at any time in control of the institution within the meaning of Section
7-1-103
, pending the
613
final determination of all claims of the institution against that person.
614
(g) The commissioner or any receiver appointed by him may disallow a claim that
615
seeks a dollar amount if it is determined by the court having jurisdiction under Section
7-2-2
616
that the commissioner or receiver or conservator will not have any assets with which to pay the
617
claim under the priorities established by Section
7-2-15
.
618
(h) The commissioner may adopt rules to establish such alternative dispute resolution
619
processes as may be appropriate for the resolution of claims filed against an institution under
620
this chapter.
621
(i) In establishing alternative dispute resolution processes, the commissioner shall
622
strive for procedures that are expeditious, fair, independent, and low cost. The commissioner
623
shall seek to develop incentives for claimants to participate in the alternative dispute resolution
624
process.
625
(j) The commissioner may establish both binding and nonbinding processes, which
626
may be conducted by any government or private party, but all parties, including the claimant
627
and the commissioner or any receiver appointed by him, must agree to the use of the process in
628
a particular case.
629
(5) Claims filed after the filing date are disallowed, unless:
630
(a) the claimant who did not file his claim timely demonstrates that he did not have
631
notice or actual knowledge of the proceedings in time to file a timely proof of claim; and
632
(b) proof of the claim was filed prior to the last distribution of assets. For the purpose
633
of this subsection only, late filed claims may be allowed if proof was filed before the final
634
distribution of assets of the institution to claimants of the same priority and are payable only
635
out of the remaining assets of the institution.
636
(c) A late filed claim may be disallowed under any other provision of this section.
637
(6) Debts owing to the United States or to any state or its subdivisions as a penalty or
638
forfeiture are not allowed, except for the amount of the pecuniary loss sustained by the act,
639
transaction, or proceeding out of which the penalty or forfeiture arose.
640
(7) Except as otherwise provided in Subsection
7-2-15
(1)(a), interest accruing on any
641
claim after the commissioner has taken possession of an institution or other person under this
642
chapter may be disallowed.
643
(8) A claim against an institution or its assets based on a contract or agreement may be
644
disallowed unless the agreement: (a) is in writing; (b) is otherwise a valid and enforceable
645
contract; and (c) has continuously, from the time of its execution, been an official record of the
646
institution. The requirements of this subsection do not apply to claims for goods sold or
647
services rendered to an institution in the ordinary course of business by trade creditors who do
648
not customarily use written agreements or other documents.
649
(9) (a) Objection to any claim allowed or disallowed may be made by any depositor or
650
other claimant by filing a written objection with the commissioner within 30 days after service
651
of the notice of allowance or disallowance. The commissioner shall present the objection to
652
the court for hearing and determination upon written notice to the claimant and to the filing
653
party. The notice shall set forth the time and place of hearing. After the 30-day period, no
654
objection may be filed. This Subsection (9) does not apply to secured claims allowed under
655
Subsection (3).
656
(b) The hearing shall be based on the record before the commissioner and any
657
additional evidence the court allowed to provide the parties due process of law.
658
(c) The court may not reverse or otherwise modify the determination of the
659
commissioner with respect to the claim unless it finds the determination of the commissioner to
660
be arbitrary, capricious, or otherwise contrary to law. The burden of proof is on the party
661
objecting to the determination of the commissioner.
662
(d) An appeal from any final judgment of the court with respect to a claim may be
663
taken as provided by law by the claimant, the commissioner, or any person having standing to
664
object to the allowance or disallowance of the claim.
665
(10) If a claim against the institution has been asserted in any judicial, administrative,
666
or other proceeding pending at the time the commissioner took possession of the institution
667
under this chapter or under Chapter 19, Acquisition of Failing Depository Institutions or
668
Holding Companies, the claimant shall file copies of all documents of record in the pending
669
proceeding with the commissioner within the time for filing claims as provided in Subsection
670
(2). Such a claim shall be allowed or disallowed within 90 days of the receipt of the complete
671
record of the proceedings. No application to lift the stay of a pending proceeding shall be filed
672
until the claim has been allowed or disallowed. The commissioner may petition the court
673
designated by Section
7-2-2
to lift the stay to determine whether the claim should be allowed or
674
disallowed.
675
(11) All claims allowed by the commissioner and not disallowed or otherwise modified
676
by the court under Subsection (9), if not paid within 30 days after allowance, shall be
677
evidenced by a certificate payable only out of the assets of the institution in the possession of
678
the commissioner, subject to the priorities set forth in Section
7-2-15
. This provision does not
679
apply to a secured claim allowed by the commissioner under Subsection (3)(a).
680
Section 9.
Section
7-7-10
is amended to read:
681
7-7-10. Meetings of mutual association members -- Voting -- Notice.
682
(1) (a) An annual meeting of the members of each mutual association shall be held at
683
the time and place fixed in the bylaws of the association.
684
(b) Special meetings may be called as provided in the bylaws.
685
(2) (a) The members entitled to vote at any meeting of the members shall be those who
686
are members of record at the end of the calendar month next preceding the date of the meeting
687
of members, except those who have ceased to be members.
688
(b) The number of votes that a member is entitled to cast shall be determined in
689
accordance with the books on the date determinative of entitlement to vote.
690
(3) In the determination of all questions requiring action by the members, each member
691
shall be entitled to cast:
692
(a) one vote; and
693
(b) any additional vote that the member may cast under the bylaws of the association.
694
(4) (a) (i) Subject to Subsection (4)(a)(ii), at any meeting of the members, voting may
695
be:
696
(A) in person; or
697
(B) by proxy.
698
(ii) Notwithstanding Subsection (4)(a)(i), a proxy is not eligible to be voted at any
699
meeting unless the proxy has been filed with the secretary of the association, for verification, at
700
least five days before the date of the meeting.
701
(b) Every proxy shall:
702
(i) be in writing;
703
(ii) be signed by the member or the member's duly authorized attorney in fact; and
704
(iii) continue in force from year to year:
705
(A) when filed with the secretary;
706
(B) if so specified in the proxy; and
707
(C) until:
708
(I) revoked by a writing duly delivered to the secretary; or
709
(II) superseded by subsequent proxies.
710
(5) (a) At an annual meeting or at any special meeting of the members, any number of
711
members present in person or by proxy eligible to be voted constitutes a quorum.
712
(b) A majority of all votes cast at any meeting of members shall determine any
713
question unless this chapter specifically provides otherwise.
714
(6) (a) No notice of annual meetings of members need be given to members.
715
(b) Subject to Subsection (6)(c), notice of each special meeting of members shall:
716
(i) state:
717
(A) the purpose for which the meeting is called;
718
(B) the place of the meeting; and
719
(C) the time when the meeting shall convene; and
720
(ii) (A) be published[: (I)] once a week for two consecutive calendar weeks (in each
721
instance, on any day of the week) before the date on which the special meeting shall convene[;
722
and] on the Utah Public Notice Website as described in Section
63F-1-701
; and
723
[(II) in a newspaper of general circulation in the county in which the home office of the
724
association is located; and]
725
(B) be posted in a conspicuous place in all offices of the association during the 30 days
726
immediately preceding the date on which the special meeting convenes.
727
(c) No notice need be given of a meeting if all the members entitled to vote, vote in
728
favor of an action at the meeting of the members.
729
Section 10.
Section
8-5-6
is amended to read:
730
8-5-6. Alternative council or board procedures for notice -- Termination of
731
rights.
732
(1) As an alternative to the procedures set forth in Sections
8-5-1
through
8-5-4
, a
733
municipal council or cemetery maintenance district board may pass a resolution demanding
734
that the owner of a lot, site, or portion of the cemetery, which has been unused for burial
735
purposes for more than 60 years, file with the county recorder, city recorder, or town clerk
736
notice of any claim to the lot, site, or portion of the cemetery.
737
(2) The municipal council or cemetery maintenance district board shall then cause a
738
copy of the resolution to be personally served on the owner in the same manner as personal
739
service of process in a civil action. The resolution shall notify the owner that the owner shall,
740
within 60 days after service of the resolution on the owner, express interest in maintaining the
741
cemetery lot, site, or portion of the cemetery and submit satisfactory evidence of an intention to
742
use the lot, site, or portion of the cemetery for a burial.
743
(3) If the owner cannot be personally served with the resolution of the municipal
744
council or cemetery maintenance district board as required in Subsection (2), the municipal
745
council or cemetery maintenance district board shall publish its resolution for three successive
746
weeks [in a newspaper of general circulation within the county] on the Utah Public Notice
747
Website as described in Section
63F-1-701
and mail a copy of the resolution within 14 days
748
after the publication to the owner's last known address, if available.
749
(4) If, for 30 days after the last date of service or publication of the municipal council's
750
or cemetery maintenance district board's resolution, the owner or person with a legal interest in
751
the cemetery lot fails to state a valid interest in the use of the cemetery lot, site, or portion of
752
the cemetery for burial purposes, the owner's rights are terminated and that portion of the
753
cemetery shall be vested in the municipality or cemetery maintenance district.
754
Section 11.
Section
9-3-409
is amended to read:
755
9-3-409. Actions on validity or enforceability of bonds -- Time for bringing
756
action.
757
(1) In any suit, action, or proceeding involving the validity or enforceability of any
758
bond issued under this chapter or the security for them, any such bond reciting in substance that
759
it has been issued by the authority in connection with the Utah Science Center shall be
760
conclusively [deemed] considered to have been issued for that purpose.
761
(2) For a period of 30 days after the publication of the resolution authorizing the bonds,
762
or a notice of bonds to be issued by the authority containing those items described in Section
763
11-14-316
[in a newspaper having general circulation in the area of operation] on the Utah
764
Public Notice Website as described in Section
63F-1-701
, any person may contest the legality
765
of the resolution authorizing any bonds, notice of bonds to be issued, or any provisions made
766
for the security and payment of the bonds. After the 30-day period no one has any cause of
767
action to contest the regularity, formality, or legality of the notice of bonds to be issued or the
768
bonds for any cause whatsoever.
769
Section 12.
Section
9-8-805
is amended to read:
770
9-8-805. Collecting institutions -- Perfecting title -- Notice.
771
(1) (a) Any collecting institution wishing to perfect title in any reposited materials held
772
by it shall send, by registered mail, a notice containing the information required by this section
773
to the last-known address of the last-known owner of the property.
774
(b) The collecting institution shall publish a notice containing the information required
775
by this section at least once per week for two consecutive weeks [in a newspaper of general
776
circulation in the county where the collecting institution is located] on the Utah Public Notice
777
Website as described in Section
63F-1-701
if:
778
(i) the owner or the address of the owner of the reposited materials is unknown;
779
(ii) the mailed notice is returned to the collecting institution without a forwarding
780
address; or
781
(iii) the owner does not claim the reposited materials within 90 days after the notice
782
was mailed.
783
(2) The notices required by this section shall include:
784
(a) the name, if known, and the last-known address, if any, of the last-known owner of
785
the reposited materials;
786
(b) a description of the reposited materials;
787
(c) the name of the collecting institution that has possession of the reposited materials
788
and a person within that institution whom the owner may contact; and
789
(d) a statement that if the reposited materials are not claimed within 90 days from the
790
date that the notice is published [in the newspaper] on the Utah Public Notice Website as
791
described in Section
63F-1-701
for the second time, the reposited materials are considered to
792
be abandoned and become the property of the collecting institution.
793
(3) If no one has claimed the reposited materials within 90 days after the date that the
794
notice is published [in the newspaper] on the Utah Public Notice Website as described in
795
Section
63F-1-701
for the second time, the reposited materials are considered to be abandoned
796
and are the property of the collecting institution.
797
Section 13.
Section
10-2-108
is amended to read:
798
10-2-108. Public hearings on feasibility study results -- Notice of hearings.
799
(1) If the results of the feasibility study or supplemental feasibility study meet the
800
requirements of Subsection
10-2-109
(3), the county legislative body shall, at its next regular
801
meeting after receipt of the results of the feasibility study or supplemental feasibility study,
802
schedule at least two public hearings to be held:
803
(a) within the following 60 days;
804
(b) at least seven days apart;
805
(c) in geographically diverse locations within the proposed city; and
806
(d) for the purpose of allowing:
807
(i) the feasibility consultant to present the results of the study; and
808
(ii) the public to become informed about the feasibility study results and to ask
809
questions about those results of the feasibility consultant.
810
(2) (a) (i) The county clerk shall publish notice of the public hearings required under
811
Subsection (1) at least once a week for three successive weeks [in a newspaper of general
812
circulation within the proposed city] on the Utah Public Notice Website as described in Section
813
63F-1-701
.
814
(ii) The last publication of notice required under Subsection (2)(a)(i) shall be at least
815
three days before the first public hearing required under Subsection (1).
816
(b) (i) [If there is no newspaper of general circulation within the proposed city, the]
817
The county clerk shall post at least one notice of the hearings per 1,000 population in
818
conspicuous places within the proposed city that are most likely to give notice of the hearings
819
to the residents of the proposed city.
820
(ii) The clerk shall post the notices under Subsection (2)(b)(i) at least seven days before
821
the first hearing under Subsection (1).
822
(c) The notice under Subsections (2)(a) and (b) shall include the feasibility study
823
summary under Subsection
10-2-106
(3)(b) and shall indicate that a full copy of the study is
824
available for inspection and copying at the office of the county clerk.
825
Section 14.
Section
10-2-111
is amended to read:
826
10-2-111. Incorporation election.
827
(1) At the next special election date under Section
20A-1-204
more than 45 days after
828
the county legislative body's receipt of the certified petition or certified modified petition under
829
Subsection
10-2-110
(1)(b)(i), the county legislative body shall hold an election on the proposed
830
incorporation.
831
(2) (a) The county clerk shall publish notice of the election [in a newspaper of general
832
circulation within the area proposed to be incorporated] on the Utah Public Notice Website as
833
described in Section
63F-1-701
at least once a week for three successive weeks.
834
(b) The notice required by Subsection (2)(a) shall contain:
835
(i) a statement of the contents of the petition;
836
(ii) a description of the area proposed to be incorporated as a city;
837
(iii) a statement of the date and time of the election and the location of polling places;
838
and
839
(iv) the feasibility study summary under Subsection
10-2-106
(3)(b) and a statement
840
that a full copy of the study is available for inspection and copying at the office of the county
841
clerk.
842
(c) The last publication of notice required under Subsection (2)(a) shall occur at least
843
one day but no more than seven days before the election.
844
(d) (i) If there is no newspaper of general circulation within the proposed city, the
845
county clerk shall post at least one notice of the election per 1,000 population in conspicuous
846
places within the proposed city that are most likely to give notice of the election to the voters of
847
the proposed city.
848
(ii) The clerk shall post the notices under Subsection (2)(d)(i) at least seven days before
849
the election under Subsection (1).
850
Section 15.
Section
10-2-114
is amended to read:
851
10-2-114. Determination of number of council members -- Determination of
852
election districts -- Hearings and notice.
853
(1) If the incorporation proposal passes, the petition sponsors shall, within 25 days of
854
the canvass of the election under Section
10-2-111
:
855
(a) if the voters at the incorporation election choose the council-mayor form of
856
government, determine the number of council members that will constitute the council of the
857
future city;
858
(b) if the voters at the incorporation election vote to elect council members by district,
859
determine the number of council members to be elected by district and draw the boundaries of
860
those districts, which shall be substantially equal in population;
861
(c) determine the initial terms of the mayor and members of the city council so that:
862
(i) the mayor and approximately half the members of the city council are elected to
863
serve an initial term, of no less than one year, that allows their successors to serve a full
864
four-year term that coincides with the schedule established in Subsection
10-3-205
(1); and
865
(ii) the remaining members of the city council are elected to serve an initial term, of no
866
less than one year, that allows their successors to serve a full four-year term that coincides with
867
the schedule established in Subsection
10-3-205
(2); and
868
(d) submit in writing to the county legislative body the results of the sponsors'
869
determinations under Subsections (1)(a), (b), and (c).
870
(2) (a) Before making a determination under Subsection (1)(a), (b), or (c), the petition
871
sponsors shall hold a public hearing within the future city on the applicable issues under
872
Subsections (1)(a), (b), and (c).
873
(b) (i) The petition sponsors shall publish notice of the public hearing under Subsection
874
(2)(a) [in a newspaper of general circulation within the future city at least once a week] for two
875
successive weeks before the hearing on the Utah Public Notice Website as described in Section
876
63F-1-701
.
877
(ii) The last publication of notice under Subsection (2)(b)(i) shall be at least three days
878
before the public hearing under Subsection (2)(a).
879
(c) (i) [If there is no newspaper of general circulation within the future city, the] The
880
petition sponsors shall post at least one notice of the hearing per 1,000 population in
881
conspicuous places within the future city that are most likely to give notice of the hearing to the
882
residents of the future city.
883
(ii) The petition sponsors shall post the notices under Subsection (2)(c)(i) at least seven
884
days before the hearing under Subsection (2)(a).
885
Section 16.
Section
10-2-115
is amended to read:
886
10-2-115. Notice of number of commission or council members to be elected and
887
of district boundaries -- Declaration of candidacy for city office.
888
(1) (a) Within 20 days of the county legislative body's receipt of the information under
889
Subsection
10-2-114
(1)(d), the county clerk shall publish [in a newspaper of general circulation
890
within the future city a notice containing] a notice on the Utah Public Notice Website as
891
described in Section
63F-1-701
containing:
892
(i) the number of commission or council members to be elected for the new city;
893
(ii) if some or all of the commission or council members are to be elected by district, a
894
description of the boundaries of those districts as designated by the petition sponsors under
895
Subsection
10-2-114
(1)(b);
896
(iii) information about the deadline for filing a declaration of candidacy for those
897
seeking to become candidates for mayor or city commission or council; and
898
(iv) information about the length of the initial term of each of the city officers, as
899
determined by the petition sponsors under Subsection
10-2-114
(1)(c).
900
(b) The notice under Subsection (1)(a) shall be published at least once a week for two
901
successive weeks.
902
(c) (i) [If there is no newspaper of general circulation within the future city, the] The
903
county clerk shall post at least one notice per 1,000 population in conspicuous places within the
904
future city that are most likely to give notice to the residents of the future city.
905
(ii) The notice under Subsection (1)(c)(i) shall contain the information required under
906
Subsection (1)(a).
907
(iii) The petition sponsors shall post the notices under Subsection (1)(c)(i) at least
908
seven days before the deadline for filing a declaration of candidacy under Subsection (2).
909
(2) Notwithstanding Subsection
20A-9-203
(2)(a), each person seeking to become a
910
candidate for mayor or city commission or council of a city incorporating under this part shall,
911
within 45 days of the incorporation election under Section
10-2-111
, file a declaration of
912
candidacy with the clerk of the county in which the future city is located.
913
Section 17.
Section
10-2-116
is amended to read:
914
10-2-116. Election of officers of new city.
915
(1) For the election of city officers, the county legislative body shall:
916
(a) unless a primary election is prohibited by Subsection
20A-9-404
(2), hold a primary
917
election; and
918
(b) hold a final election.
919
(2) Each election under Subsection (1) shall be:
920
(a) appropriate to the form of government chosen by the voters at the incorporation
921
election;
922
(b) consistent with the voters' decision about whether to elect commission or council
923
members by district and, if applicable, consistent with the boundaries of those districts as
924
determined by the petition sponsors; and
925
(c) consistent with the sponsors' determination of the number of commission or council
926
members to be elected and the length of their initial term.
927
(3) (a) Subject to Subsection (3)(b) and except as provided in Subsection (5), the
928
primary election under Subsection (1)(a) shall be held at the earliest of the next:
929
(i) regular general election under Section
20A-1-201
;
930
(ii) municipal primary election under Section
20A-9-404
;
931
(iii) municipal general election under Section
20A-1-202
; or
932
(iv) special election under Section
20A-1-204
.
933
(b) Notwithstanding Subsection (3)(a), the primary election under Subsection (1)(a)
934
may not be held until 75 days after the incorporation election under Section
10-2-111
.
935
(4) Except as provided in Subsection (5), the final election under Subsection (1)(b)
936
shall be held at the next special election date under Section
20A-1-204
:
937
(a) after the primary election; or
938
(b) if there is no primary election, more than 75 days after the incorporation election
939
under Section
10-2-111
.
940
(5) Notwithstanding Subsections (3) and (4), the county legislative body may hold the
941
primary and final elections required under Subsection (1) on the dates provided for the next
942
municipal primary election under Section
20A-9-404
and the next municipal general election
943
under Section
20A-1-202
, respectively, after the incorporation election, if:
944
(a) with the results under Subsection
10-2-114
(1)(d), the petition sponsors submit to
945
the county legislative body a written request to that effect; and
946
(b) the incorporation election under Section
10-2-111
took place in February or May of
947
an odd-numbered year.
948
(6) (a) (i) The county clerk shall publish notice of an election under this section at least
949
once a week for two successive weeks [in a newspaper of general circulation within the future
950
city] on the Utah Public Notice Website as described in Section
63F-1-701
.
951
(ii) The later notice under Subsection (6)(a)(i) shall be at least one day but no more
952
than seven days before the election.
953
(b) (i) [If there is no newspaper of general circulation within the future city, the] The
954
county clerk shall post at least one notice of the election per 1,000 population in conspicuous
955
places within the future city that are most likely to give notice of the election to the voters.
956
(ii) The county clerk shall post the notices under Subsection (6)(b)(i) at least seven
957
days before each election under Subsection (1).
958
(7) Until the city is incorporated, the county clerk is the election officer for all purposes
959
in an election of officers of the city approved at an incorporation election.
960
Section 18.
Section
10-2-125
is amended to read:
961
10-2-125. Incorporation of a town.
962
(1) As used in this section:
963
(a) "Assessed value," with respect to agricultural land, means the value at which the
964
land would be assessed without regard to a valuation for agricultural use under Section
965
59-2-503
.
966
(b) "Financial feasibility study" means a study to determine:
967
(i) the projected revenues for the proposed town during the first three years after
968
incorporation; and
969
(ii) the projected costs, including overhead, that the proposed town will incur in
970
providing governmental services during the first three years after incorporation.
971
(c) "Municipal service" means a publicly provided service that is not provided on a
972
countywide basis.
973
(d) "Nonurban" means having a residential density of less than one unit per acre.
974
(2) (a) (i) A contiguous area of a county not within a municipality, with a population of
975
at least 100 but less than 1,000, may incorporate as a town as provided in this section.
976
(ii) An area within a county of the first class is not contiguous for purposes of
977
Subsection (2)(a)(i) if:
978
(A) the area includes a strip of land that connects geographically separate areas; and
979
(B) the distance between the geographically separate areas is greater than the average
980
width of the strip of land connecting the geographically separate areas.
981
(b) The population figure under Subsection (2)(a) shall be determined:
982
(i) as of the date the incorporation petition is filed; and
983
(ii) by the Utah Population Estimates Committee within 20 days after the county clerk's
984
certification under Subsection (6) of a petition filed under Subsection (4).
985
(3) (a) The process to incorporate an area as a town is initiated by filing a request for a
986
public hearing with the clerk of the county in which the area is located.
987
(b) Each request for a public hearing under Subsection (3)(a) shall:
988
(i) be signed by the owners of at least five separate parcels of private real property,
989
each owned by a different owner, located within the area proposed to be incorporated; and
990
(ii) be accompanied by an accurate map or plat depicting the boundary of the proposed
991
town.
992
(c) Within ten days after a request for a public hearing is filed under Subsection (3)(a),
993
the county clerk shall, with the assistance of other county officers from whom the clerk
994
requests assistance, determine whether the petition complies with the requirements of
995
Subsection (3)(b).
996
(d) If the clerk determines that a request under Subsection (3)(a) fails to comply with
997
the requirements of Subsection (3)(b), the clerk shall reject the request and deliver written
998
notice of the rejection to the signers of the request.
999
(e) (i) If the clerk determines that a request under Subsection (3)(a) complies with the
1000
requirements of Subsection (3)(b), the clerk shall:
1001
(A) schedule and arrange for a public hearing to be held:
1002
(I) (Aa) at a public facility located within the boundary of the proposed town; or
1003
(Bb) if there is no public facility within the boundary of the proposed town, at another
1004
nearby public facility or at the county seat; and
1005
(II) within 20 days after the clerk provides the last notice required under Subsection
1006
(3)(e)(i)(B); and
1007
(B) subject to Subsection (3)(e)(ii), give notice of the public hearing on the proposed
1008
incorporation by:
1009
(I) posting notice of the public hearing on the county's Internet website, if the county
1010
has an Internet website; and
1011
(II) (Aa) publishing notice of the public hearing at least once a week for two
1012
consecutive weeks [in a newspaper of general circulation within the proposed town; or] on the
1013
Utah Public Notice Website as described in Section
63F-1-701
; and
1014
(Bb) [if there is no newspaper of general circulation within the proposed town,] by
1015
posting notice of the public hearing in at least five conspicuous public places within the
1016
proposed town.
1017
(ii) The posting of notice required under Subsection (3)(e)(i)(B)(I) and, if applicable,
1018
Subsection (3)(e)(i)(B)(II)(Bb) and the first publishing of notice required under Subsection
1019
(3)(e)(i)(B)(II)(Aa), if applicable, shall occur no later than ten days after the clerk determines
1020
that a request complies with the requirements of Subsection (3)(b).
1021
(iii) Each public hearing under Subsection (3)(e)(i)(A) shall be conducted by the chair
1022
of the county commission or council, or the chair's designee, to:
1023
(A) introduce the concept of the proposed incorporation to the public;
1024
(B) allow the public to review the map or plat of the boundary of the proposed town;
1025
(C) allow the public to ask questions and become informed about the proposed
1026
incorporation; and
1027
(D) allow the public to express their views about the proposed incorporation, including
1028
their views about the boundary of the area proposed to be incorporated.
1029
(4) (a) At any time within three months after the public hearing under Subsection
1030
(3)(e), a petition to incorporate the area as a town may be filed with the clerk of the county in
1031
which the area is located.
1032
(b) Each petition under Subsection (4)(a) shall:
1033
(i) be signed by:
1034
(A) the owners of private real property that:
1035
(I) is located within the area proposed to be incorporated;
1036
(II) covers a majority of the total private land area within the area;
1037
(III) is equal in assessed value to more than 1/2 of the assessed value of all private real
1038
property within the area; and
1039
(IV) consists, in number of parcels, of at least 1/3 of the number of all parcels of
1040
private real property within the area proposed to be incorporated; and
1041
(B) a majority of all registered voters within the area proposed to be incorporated as a
1042
town, according to the official voter registration list maintained by the county on the date the
1043
petition is filed;
1044
(ii) designate as sponsors at least five of the property owners who have signed the
1045
petition, one of whom shall be designated as the contact sponsor, with the mailing address of
1046
each owner signing as a sponsor;
1047
(iii) be accompanied by and circulated with an accurate map or plat, prepared by a
1048
licensed surveyor, showing a legal description of the boundary of the proposed town; and
1049
(iv) substantially comply with and be circulated in the following form:
1050
PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
1051
town)
1052
To the Honorable County Legislative Body of (insert the name of the county in which
1053
the proposed town is located) County, Utah:
1054
We, the undersigned owners of real property and registered voters within the area
1055
described in this petition, respectfully petition the county legislative body for the area described
1056
in this petition to be incorporated as a town. Each of the undersigned affirms that each has
1057
personally signed this petition and is an owner of real property or a registered voter residing
1058
within the described area, and that the current residence address of each is correctly written
1059
after the signer's name. The area proposed to be incorporated as a town is described as follows:
1060
(insert an accurate description of the area proposed to be incorporated).
1061
(c) A petition under this Subsection (4) may not describe an area that includes some or
1062
all of an area proposed for annexation in an annexation petition under Section
10-2-403
that:
1063
(i) was filed before the filing of the petition; and
1064
(ii) is still pending on the date the petition is filed.
1065
(d) A petition may not be filed under this section if the private real property owned by
1066
the petition sponsors, designated under Subsection (4)(b)(ii), cumulatively exceeds 40% of the
1067
total private land area within the area proposed to be incorporated as a town.
1068
(e) A signer of a petition under this Subsection (4) may withdraw or, after withdrawn,
1069
reinstate the signer's signature on the petition:
1070
(i) at any time until the county clerk certifies the petition under Subsection (6); and
1071
(ii) by filing a signed, written withdrawal or reinstatement with the county clerk.
1072
(5) (a) If a petition is filed under Subsection (4)(a) proposing to incorporate as a town
1073
an area located within a county of the first class, the county clerk shall deliver written notice of
1074
the proposed incorporation:
1075
(i) to each owner of private real property owning more than 1% of the assessed value
1076
of all private real property within the area proposed to be incorporated as a town; and
1077
(ii) within seven calendar days after the date on which the petition is filed.
1078
(b) A private real property owner described in Subsection (5)(a)(i) may exclude all or
1079
part of the owner's property from the area proposed to be incorporated as a town by filing a
1080
notice of exclusion:
1081
(i) with the county clerk; and
1082
(ii) within ten calendar days after receiving the clerk's notice under Subsection (5)(a).
1083
(c) The county legislative body shall exclude from the area proposed to be incorporated
1084
as a town the property identified in the notice of exclusion under Subsection (5)(b) if:
1085
(i) the property:
1086
(A) is nonurban; and
1087
(B) does not and will not require a municipal service; and
1088
(ii) exclusion will not leave an unincorporated island within the proposed town.
1089
(d) If the county legislative body excludes property from the area proposed to be
1090
incorporated as a town, the county legislative body shall send written notice of the exclusion to
1091
the contact sponsor within five days after the exclusion.
1092
(6) Within 20 days after the filing of a petition under Subsection (4), the county clerk
1093
shall:
1094
(a) with the assistance of other county officers from whom the clerk requests
1095
assistance, determine whether the petition complies with the requirements of Subsection (4);
1096
and
1097
(b) (i) if the clerk determines that the petition complies with those requirements:
1098
(A) certify the petition and deliver the certified petition to the county legislative body;
1099
and
1100
(B) mail or deliver written notification of the certification to:
1101
(I) the contact sponsor;
1102
(II) if applicable, the chair of the planning commission of each township in which any
1103
part of the area proposed for incorporation is located; and
1104
(III) the Utah Population Estimates Committee; or
1105
(ii) if the clerk determines that the petition fails to comply with any of those
1106
requirements, reject the petition and notify the contact sponsor in writing of the rejection and
1107
the reasons for the rejection.
1108
(7) (a) (i) A petition that is rejected under Subsection (6)(b)(ii) may be amended to
1109
correct a deficiency for which it was rejected and then refiled with the county clerk.
1110
(ii) A valid signature on a petition filed under Subsection (4)(a) may be used toward
1111
fulfilling the signature requirement of Subsection (4)(b) for the same petition that is amended
1112
under Subsection (7)(a)(i) and then refiled with the county clerk.
1113
(b) If a petition is amended and refiled under Subsection (7)(a)(i) after having been
1114
rejected by the county clerk under Subsection (6)(b)(ii):
1115
(i) the amended petition shall be considered as a newly filed petition; and
1116
(ii) the amended petition's processing priority is determined by the date on which it is
1117
refiled.
1118
(8) (a) (i) The legislative body of a county with which a petition is filed under
1119
Subsection (4) may, at its option and upon the petition being certified under Subsection (6),
1120
commission and pay for a financial feasibility study.
1121
(ii) If the county legislative body chooses to commission a financial feasibility study,
1122
the county legislative body shall:
1123
(A) within 20 days after the incorporation petition is certified, select and engage a
1124
feasibility consultant; and
1125
(B) require the feasibility consultant to complete the financial feasibility study and
1126
submit written results of the study to the county legislative body no later than 30 days after the
1127
feasibility consultant is engaged to conduct the financial feasibility study.
1128
(b) The county legislative body shall approve a petition proposing the incorporation of
1129
a town and hold an election for town officers, as provided in Subsection (9), if:
1130
(i) the county clerk has certified the petition under Subsection (6); and
1131
(ii) (A) (I) the county legislative body has commissioned a financial feasibility study
1132
under Subsection (8)(a); and
1133
(II) the results of the financial feasibility study show that the average annual amount of
1134
revenues described in Subsection (1)(b)(i) does not exceed the average annual amount of costs
1135
described in Subsection (1)(b)(ii) by more than 10%; or
1136
(B) the county legislative body chooses not to commission a financial feasibility study.
1137
(c) (i) If the county legislative body commissions a financial feasibility study under
1138
Subsection (8)(a) and the results of the financial feasibility study show that the average annual
1139
amount of revenues described in Subsection (1)(b)(i) exceeds the average annual amount of
1140
costs described in Subsection (1)(b)(ii) by more than 10%, the county legislative body may:
1141
(A) deny the petition, subject to Subsection (8)(c)(ii), if the results of the financial
1142
feasibility study show that the average annual amount of revenues described in Subsection
1143
(1)(b)(i) exceeds the average annual amount of costs described in Subsection (1)(b)(ii) by 25%
1144
or more;
1145
(B) approve the petition and hold an election for town officers, as provided in
1146
Subsection (9); or
1147
(C) (I) with the consent of the petition sponsors:
1148
(Aa) impose conditions to mitigate the fiscal inequities identified in the financial
1149
feasibility study; or
1150
(Bb) alter the boundaries of the area proposed to be incorporated as a town to
1151
approximate the boundaries necessary to prevent the average annual amount of revenues
1152
described in Subsection (1)(b)(i) from exceeding the average annual amount of costs described
1153
in Subsection (1)(b)(ii); and
1154
(II) approve the incorporation petition and hold an election for town officers, as
1155
provided in Subsection (9).
1156
(ii) A county legislative body intending to deny a petition under Subsection (8)(c)(i)(A)
1157
shall deny the petition within 20 days after the feasibility consultant submits the written results
1158
of the financial feasibility study.
1159
(d) Each town that incorporates pursuant to a petition approved after the county
1160
legislative body imposes conditions under Subsection (8)(c)(i)(C)(I) shall comply with those
1161
conditions.
1162
(9) (a) The legislative body of the county in which the proposed new town is located
1163
shall hold the election for town officers provided for in Subsection (8) within:
1164
(i) 45 days after the petition is certified, for an election under Subsection (8)(b)(ii)(B);
1165
(ii) 45 days after the feasibility consultant submits the written results of the financial
1166
feasibility study, for an election under Subsection (8)(b)(ii)(A) or (8)(c)(i)(B); or
1167
(iii) 60 days after the feasibility consultant submits the written results of the financial
1168
feasibility study, for an election under Subsection (8)(c)(i)(C).
1169
(b) The officers elected at an election under Subsection (9)(a) shall take office:
1170
(i) at noon on the first Monday in January next following the election, if the election is
1171
held on a regular general or municipal general election date; or
1172
(ii) at noon on the first day of the month next following the effective date of the
1173
incorporation under Subsection (12), if the election of officers is held on any other date.
1174
(10) Each newly incorporated town shall operate under the five-member council form
1175
of government as defined in Section
10-3b-102
.
1176
(11) (a) Within seven days after the canvass of the election of town officers under
1177
Subsection (9), the mayor-elect of the new town shall file at least three copies of the articles of
1178
incorporation of the new town with the lieutenant governor.
1179
(b) The articles of incorporation shall meet the requirements of Subsection
1180
10-2-119
(2).
1181
(12) A new town is incorporated:
1182
(a) on December 31 of the year in which the lieutenant governor issues a certificate of
1183
entity creation for the town under Section
67-1a-6.5
, if the election of town officers under
1184
Subsection (9) is held on a regular general or municipal general election date; or
1185
(b) on the last day of the month during which the lieutenant governor issues a
1186
certificate of entity creation for the town under Section
67-1a-6.5
, if the election of town
1187
officers under Subsection (9) is held on any other date.
1188
(13) For each petition filed before March 5, 2008:
1189
(a) the petition is subject to and governed by the law in effect at the time the petition
1190
was filed; and
1191
(b) the law in effect at the time the petition was filed governs in all administrative and
1192
judicial proceedings relating to the petition.
1193
Section 19.
Section
10-2-406
is amended to read:
1194
10-2-406. Notice of certification -- Publishing and providing notice of petition.
1195
(1) After receipt of the notice of certification from the city recorder or town clerk under
1196
Subsection
10-2-405
(2)(c)(i), the municipal legislative body shall:
1197
(a) (i) publish a notice at least once a week for three successive weeks, beginning no
1198
later than ten days after receipt of the notice of certification, [in a newspaper of general
1199
circulation within] on the Utah Public Notice Website as described in Section
63F-1-701
:
1200
(A) the area proposed for annexation; and
1201
(B) the unincorporated area within 1/2 mile of the area proposed for annexation; [or]
1202
and
1203
(ii) [if there is no newspaper of general circulation within those areas,] post written
1204
notices in conspicuous places within those areas that are most likely to give notice to residents
1205
within those areas; and
1206
(b) within 20 days of receipt of the notice of certification under Subsection
1207
10-2-405
(2)(c)(i), mail written notice to each affected entity.
1208
(2) (a) The notice under Subsections (1)(a) and (b) shall:
1209
(i) state that a petition has been filed with the municipality proposing the annexation of
1210
an area to the municipality;
1211
(ii) state the date of the municipal legislative body's receipt of the notice of certification
1212
under Subsection
10-2-405
(2)(c)(i);
1213
(iii) describe the area proposed for annexation in the annexation petition;
1214
(iv) state that the complete annexation petition is available for inspection and copying
1215
at the office of the city recorder or town clerk;
1216
(v) state in conspicuous and plain terms that the municipality may grant the petition
1217
and annex the area described in the petition unless, within the time required under Subsection
1218
10-2-407
(2)(a)(i)(A), a written protest to the annexation petition is filed with the commission
1219
and a copy of the protest delivered to the city recorder or town clerk of the proposed annexing
1220
municipality;
1221
(vi) state the address of the commission or, if a commission has not yet been created in
1222
the county, the county clerk, where a protest to the annexation petition may be filed;
1223
(vii) state that the area proposed for annexation to the municipality will also
1224
automatically be annexed to a local district providing fire protection, paramedic, and
1225
emergency services, as provided in Section
17B-1-416
, if:
1226
(A) the proposed annexing municipality is entirely within the boundaries of a local
1227
district:
1228
(I) that provides fire protection, paramedic, and emergency services; and
1229
(II) in the creation of which an election was not required because of Subsection
1230
17B-1-214
(3)(c); and
1231
(B) the area proposed to be annexed to the municipality is not already within the
1232
boundaries of the local district; and
1233
(viii) state that the area proposed for annexation to the municipality will be
1234
automatically withdrawn from a local district providing fire protection, paramedic, and
1235
emergency services, as provided in Subsection
17B-1-502
(2), if:
1236
(A) the petition proposes the annexation of an area that is within the boundaries of a
1237
local district:
1238
(I) that provides fire protection, paramedic, and emergency services; and
1239
(II) in the creation of which an election was not required because of Subsection
1240
17B-1-214
(3)(c); and
1241
(B) the proposed annexing municipality is not within the boundaries of the local
1242
district.
1243
(b) The statement required by Subsection (2)(a)(v) shall state the deadline for filing a
1244
written protest in terms of the actual date rather than by reference to the statutory citation.
1245
(c) In addition to the requirements under Subsection (2)(a), a notice under Subsection
1246
(1)(a) for a proposed annexation of an area within a county of the first class shall include a
1247
statement that a protest to the annexation petition may be filed with the commission by
1248
property owners if it contains the signatures of the owners of private real property that:
1249
(i) is located in the unincorporated area within 1/2 mile of the area proposed for
1250
annexation;
1251
(ii) covers at least 25% of the private land area located in the unincorporated area
1252
within 1/2 mile of the area proposed for annexation; and
1253
(iii) is equal in value to at least 15% of all real property located in the unincorporated
1254
area within 1/2 mile of the area proposed for annexation.
1255
Section 20.
Section
10-2-407
is amended to read:
1256
10-2-407. Protest to annexation petition -- Township planning commission
1257
recommendation -- Petition requirements -- Disposition of petition if no protest filed.
1258
(1) (a) A protest to an annexation petition under Section
10-2-403
may be filed by:
1259
(i) the legislative body or governing board of an affected entity; or
1260
(ii) for a proposed annexation of an area within a county of the first class, the owners
1261
of private real property that:
1262
(A) is located in the unincorporated area within 1/2 mile of the area proposed for
1263
annexation;
1264
(B) covers at least 25% of the private land area located in the unincorporated area
1265
within 1/2 mile of the area proposed for annexation; and
1266
(C) is equal in value to at least 15% of all real property located in the unincorporated
1267
area within 1/2 mile of the area proposed for annexation.
1268
(b) (i) A planning commission of a township located in a county of the first class may
1269
recommend to the legislative body of the county in which the township is located that the
1270
county legislative body file a protest against a proposed annexation under this part of an area
1271
located within the township.
1272
(ii) (A) The township planning commission shall communicate each recommendation
1273
under Subsection (1)(b)(i) in writing to the county legislative body within 30 days of the city
1274
recorder or town clerk's certification of the annexation petition under Subsection
10-2-405
(2)
1275
(c)(i).
1276
(B) At the time the recommendation is communicated to the county legislative body
1277
under Subsection (1)(b)(ii)(A), the township planning commission shall mail or deliver a copy
1278
of the recommendation to the legislative body of the proposed annexing municipality and to the
1279
contact sponsor.
1280
(2) (a) Each protest under Subsection (1)(a) shall:
1281
(i) be filed:
1282
(A) no later than 30 days after the municipal legislative body's receipt of the notice of
1283
certification under Subsection
10-2-405
(2)(c)(i); and
1284
(B) (I) in a county that has already created a commission under Section
10-2-409
, with
1285
the commission; or
1286
(II) in a county that has not yet created a commission under Section
10-2-409
, with the
1287
clerk of the county in which the area proposed for annexation is located; and
1288
(ii) state each reason for the protest of the annexation petition and, if the area proposed
1289
to be annexed is located in a specified county, justification for the protest under the standards
1290
established in this chapter;
1291
(iii) if the area proposed to be annexed is located in a specified county, contain other
1292
information that the commission by rule requires or that the party filing the protest considers
1293
pertinent; and
1294
(iv) the name and address of a contact person who is to receive notices sent by the
1295
commission with respect to the protest proceedings.
1296
(b) The party filing a protest under this section shall on the same date deliver or mail a
1297
copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
1298
(c) Each clerk who receives a protest under Subsection (2)(a)(i)(B)(II) shall
1299
immediately notify the county legislative body of the protest and shall deliver the protest to the
1300
boundary commission within five days of its creation under Subsection
10-2-409
(1)(b).
1301
(d) Each protest of a proposed annexation of an area located in a county of the first
1302
class under Subsection (1)(a)(ii) shall, in addition to the requirements of Subsections (2)(a) and
1303
(b):
1304
(i) indicate the typed or printed name and current residence address of each owner
1305
signing the protest; and
1306
(ii) designate one of the signers of the protest as the contact person and state the
1307
mailing address of the contact person.
1308
(3) (a) (i) If a protest is filed under this section:
1309
(A) the municipal legislative body may, at its next regular meeting after expiration of
1310
the deadline under Subsection (2)(a)(i)(A) and, for a proposed annexation of an area located in
1311
a county of the first class, except as provided in Subsection (3)(a)(iii), deny the annexation
1312
petition; or
1313
(B) if the municipal legislative body does not deny the annexation petition under
1314
Subsection (3)(a)(i)(A), the municipal legislative body may take no further action on the
1315
annexation petition until after receipt of the commission's notice of its decision on the protest
1316
under Section
10-2-416
.
1317
(ii) If a municipal legislative body denies an annexation petition under Subsection
1318
(3)(a)(i)(A), the municipal legislative body shall, within five days of the denial, send notice of
1319
the denial in writing to:
1320
(A) the contact sponsor of the annexation petition;
1321
(B) the commission;
1322
(C) each entity that filed a protest; and
1323
(D) if a protest was filed under Subsection (1)(a)(ii) for a proposed annexation of an
1324
area located in a county of the first class, the contact person.
1325
(iii) A municipal legislative body may not deny an annexation petition proposing to
1326
annex an area located in a county of the first class if:
1327
(A) the petition contains the signatures of the owners of private real property that:
1328
(I) is located within the area proposed for annexation;
1329
(II) covers a majority of the private land area within the area proposed for annexation;
1330
and
1331
(III) is equal in value to at least 1/2 of the value of all private real property within the
1332
area proposed for annexation;
1333
(B) the population in the area proposed for annexation does not exceed 10% of the
1334
population of the proposed annexing municipality;
1335
(C) the property tax rate for municipal services in the area proposed to be annexed is
1336
higher than the property tax rate of the proposed annexing municipality; and
1337
(D) all annexations by the proposed annexing municipality during the year that the
1338
petition was filed have not increased the municipality's population by more than 20%.
1339
(b) (i) If no timely protest is filed under this section, the municipal legislative body
1340
may, subject to Subsection (3)(b)(ii), grant the petition and, by ordinance, annex the area that is
1341
the subject of the annexation petition.
1342
(ii) Before granting an annexation petition under Subsection (3)(b)(i), the municipal
1343
legislative body shall:
1344
(A) hold a public hearing; and
1345
(B) at least seven days before the public hearing under Subsection (3)(b)(ii)(A):
1346
(I) publish notice of the hearing [in a newspaper of general circulation within the
1347
municipality and the area proposed for annexation] on the Utah Public Notice Website as
1348
described in Section
63F-1-701
; [or] and
1349
(II) [if there is no newspaper of general circulation in those areas,] post written notices
1350
of the hearing in conspicuous places within those areas that are most likely to give notice to
1351
residents within those areas.
1352
Section 21.
Section
10-2-415
is amended to read:
1353
10-2-415. Public hearing -- Notice.
1354
(1) (a) (i) If the results of the feasibility study or supplemental feasibility study meet
1355
the requirements of Subsection
10-2-416
(3) with respect to a proposed annexation of an area
1356
located in a county of the first class, the commission shall hold a public hearing within 30 days
1357
of receipt of the feasibility study or supplemental feasibility study results.
1358
(ii) At the hearing under Subsection (1)(a)(i), the commission shall:
1359
(A) require the feasibility consultant to present the results of the feasibility study and, if
1360
applicable, the supplemental feasibility study;
1361
(B) allow those present to ask questions of the feasibility consultant regarding the study
1362
results; and
1363
(C) allow those present to speak to the issue of annexation.
1364
(iii) (A) The commission shall:
1365
(I) publish notice of each hearing under Subsection (1)(a)(i) at least once a week for
1366
two successive weeks [in a newspaper of general circulation within the area proposed for
1367
annexation, the surrounding 1/2 mile of unincorporated area, and the proposed annexing
1368
municipality] on the Utah Public Notice Website as described in Section
63F-1-701
; and
1369
(II) send written notice of the hearing to the municipal legislative body of the proposed
1370
annexing municipality, the contact sponsor on the annexation petition, each entity that filed a
1371
protest, and, if a protest was filed under Subsection
10-2-407
(1)(a)(ii), the contact person.
1372
[(B) If there is no newspaper of general circulation within the areas described in
1373
Subsection (1)(a)(iii)(A)(I), the commission shall give the notice required under that subsection
1374
by posting notices, at least seven days before the hearing, in conspicuous places within those
1375
areas that are most likely to give notice of the hearing to the residents of those areas.]
1376
[(C)] (B) The [notices] notice under [Subsections] Subsection (1)(a)(iii)(A) [and (B)]
1377
shall include the feasibility study summary under Subsection
10-2-413
(2)(b) and shall indicate
1378
that a full copy of the study is available for inspection and copying at the office of the
1379
commission.
1380
(b) (i) Within 30 days after the time under Subsection
10-2-407
(2) for filing a protest
1381
has expired with respect to a proposed annexation of an area located in a specified county, the
1382
boundary commission shall hold a hearing on all protests that were filed with respect to the
1383
proposed annexation.
1384
(ii) (A) At least 14 days before the date of each hearing under Subsection (1)(b)(i), the
1385
commission chair shall cause notice of the hearing to be published [in a newspaper of general
1386
circulation within the area proposed for annexation] on the Utah Public Notice Website as
1387
described in Section
63F-1-701
.
1388
(B) Each notice under Subsection (1)(b)(ii)(A) shall:
1389
(I) state the date, time, and place of the hearing;
1390
(II) briefly summarize the nature of the protest; and
1391
(III) state that a copy of the protest is on file at the commission's office.
1392
(iii) The commission may continue a hearing under Subsection (1)(b)(i) from time to
1393
time, but no continued hearing may be held later than 60 days after the original hearing date.
1394
(iv) In considering protests, the commission shall consider whether the proposed
1395
annexation:
1396
(A) complies with the requirements of Sections
10-2-402
and
10-2-403
and the
1397
annexation policy plan of the proposed annexing municipality;
1398
(B) conflicts with the annexation policy plan of another municipality; and
1399
(C) if the proposed annexation includes urban development, will have an adverse tax
1400
consequence on the remaining unincorporated area of the county.
1401
(2) (a) The commission shall record each hearing under this section by electronic
1402
means.
1403
(b) A transcription of the recording under Subsection (2)(a), the feasibility study, if
1404
applicable, information received at the hearing, and the written decision of the commission
1405
shall constitute the record of the hearing.
1406
Section 22.
Section
10-2-418
is amended to read:
1407
10-2-418. Annexation of an island or peninsula without a petition -- Notice --
1408
Hearing.
1409
(1) (a) Notwithstanding Subsection
10-2-402
(2), a municipality may annex an
1410
unincorporated area under this section without an annexation petition if:
1411
(i) (A) the area to be annexed consists of one or more unincorporated islands within or
1412
unincorporated peninsulas contiguous to the municipality;
1413
(B) the majority of each island or peninsula consists of residential or commercial
1414
development;
1415
(C) the area proposed for annexation requires the delivery of municipal-type services;
1416
and
1417
(D) the municipality has provided most or all of the municipal-type services to the area
1418
for more than one year; or
1419
(ii) (A) the area to be annexed consists of one or more unincorporated islands within or
1420
unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800
1421
residents; and
1422
(B) the municipality has provided one or more municipal-type services to the area for
1423
at least one year.
1424
(b) Notwithstanding Subsection
10-2-402
(1)(b)(iii), a municipality may annex a
1425
portion of an island or peninsula under this section, leaving unincorporated the remainder of
1426
the unincorporated island or peninsula, if:
1427
(i) in adopting the resolution under Subsection (2)(a)(i), the municipal legislative body
1428
determines that not annexing the entire unincorporated island or peninsula is in the
1429
municipality's best interest; and
1430
(ii) for an annexation of one or more unincorporated islands under Subsection
1431
(1)(a)(ii), the entire island of unincorporated area, of which a portion is being annexed,
1432
complies with the requirement of Subsection (1)(a)(ii)(A) relating to the number of residents.
1433
(2) (a) The legislative body of each municipality intending to annex an area under this
1434
section shall:
1435
(i) adopt a resolution indicating the municipal legislative body's intent to annex the
1436
area, describing the area proposed to be annexed;
1437
(ii) (A) publish notice at least once a week for three successive weeks [in a newspaper
1438
of general circulation within the municipality and the area proposed for annexation; or] on the
1439
Utah Public Notice Website as described in Section
63F-1-701
; and
1440
(B) [if there is no newspaper of general circulation in the areas described in Subsection
1441
(2)(a)(ii)(A),] post at least one notice per 1,000 population in places within those areas that are
1442
most likely to give notice to the residents of those areas;
1443
(iii) send written notice to the board of each local district and special service district
1444
whose boundaries contain some or all of the area proposed for annexation and to the legislative
1445
body of the county in which the area proposed for annexation is located; and
1446
(iv) hold a public hearing on the proposed annexation no earlier than 30 days after the
1447
adoption of the resolution under Subsection (2)(a)(i).
1448
(b) Each notice under Subsections (2)(a)(ii) and (iii) shall:
1449
(i) state that the municipal legislative body has adopted a resolution indicating its intent
1450
to annex the area proposed for annexation;
1451
(ii) state the date, time, and place of the public hearing under Subsection (2)(a)(iv);
1452
(iii) describe the area proposed for annexation; and
1453
(iv) except for an annexation that meets the property owner consent requirements of
1454
Subsection (3)(b), state in conspicuous and plain terms that the municipal legislative body will
1455
annex the area unless, at or before the public hearing under Subsection (2)(a)(iv), written
1456
protests to the annexation are filed by the owners of private real property that:
1457
(A) is located within the area proposed for annexation;
1458
(B) covers a majority of the total private land area within the entire area proposed for
1459
annexation; and
1460
(C) is equal in value to at least 1/2 the value of all private real property within the
1461
entire area proposed for annexation.
1462
(c) The first publication of the notice required under Subsection (2)(a)(ii)(A) shall be
1463
within 14 days of the municipal legislative body's adoption of a resolution under Subsection
1464
(2)(a)(i).
1465
(3) (a) Upon conclusion of the public hearing under Subsection (2)(a)(iv), the
1466
municipal legislative body may adopt an ordinance annexing the area proposed for annexation
1467
under this section unless, at or before the hearing, written protests to the annexation have been
1468
filed with the city recorder or town clerk, as the case may be, by the owners of private real
1469
property that:
1470
(i) is located within the area proposed for annexation;
1471
(ii) covers a majority of the total private land area within the entire area proposed for
1472
annexation; and
1473
(iii) is equal in value to at least 1/2 the value of all private real property within the
1474
entire area proposed for annexation.
1475
(b) (i) Upon conclusion of the public hearing under Subsection (2)(a)(iv), a
1476
municipality may adopt an ordinance annexing the area proposed for annexation under this
1477
section without allowing or considering protests under Subsection (3)(a) if the owners of at
1478
least 75% of the total private land area within the entire area proposed for annexation,
1479
representing at least 75% of the value of the private real property within the entire area
1480
proposed for annexation, have consented in writing to the annexation.
1481
(ii) Upon adoption of an annexation ordinance under Subsection (3)(b)(i), the area
1482
annexed shall be conclusively presumed to be validly annexed.
1483
(4) (a) If protests are timely filed that comply with Subsection (3), the municipal
1484
legislative body may not adopt an ordinance annexing the area proposed for annexation, and
1485
the annexation proceedings under this section shall be considered terminated.
1486
(b) Subsection (4)(a) may not be construed to prohibit the municipal legislative body
1487
from excluding from a proposed annexation under Subsection (1)(a)(ii) the property within an
1488
unincorporated island regarding which protests have been filed and proceeding under
1489
Subsection (1)(b) to annex some or all of the remaining portion of the unincorporated island.
1490
Section 23.
Section
10-2-419
is amended to read:
1491
10-2-419. Boundary adjustment -- Notice and hearing -- Protest.
1492
(1) The legislative bodies of two or more municipalities having common boundaries
1493
may adjust their common boundaries as provided in this section.
1494
(2) (a) The legislative body of each municipality intending to adjust a boundary that is
1495
common with another municipality shall:
1496
(i) adopt a resolution indicating the intent of the municipal legislative body to adjust a
1497
common boundary;
1498
(ii) hold a public hearing on the proposed adjustment no less than 60 days after the
1499
adoption of the resolution under Subsection (2)(a)(i); and
1500
(iii) (A) publish notice at least once a week for three successive weeks [in a newspaper
1501
of general circulation within the municipality; or] on the Utah Public Notice Website as
1502
described in Section
63F-1-701
; and
1503
(B) [if there is no newspaper of general circulation within the municipality,] post at
1504
least one notice per 1,000 population in places within the municipality that are most likely to
1505
give notice to residents of the municipality.
1506
(b) The notice required under Subsection (2)(a)(iii) shall:
1507
(i) state that the municipal legislative body has adopted a resolution indicating the
1508
municipal legislative body's intent to adjust a boundary that the municipality has in common
1509
with another municipality;
1510
(ii) describe the area proposed to be adjusted;
1511
(iii) state the date, time, and place of the public hearing required under Subsection
1512
(2)(a)(ii);
1513
(iv) state in conspicuous and plain terms that the municipal legislative body will adjust
1514
the boundaries unless, at or before the public hearing under Subsection (2)(a)(ii), written
1515
protests to the adjustment are filed by the owners of private real property that:
1516
(A) is located within the area proposed for adjustment;
1517
(B) covers at least 25% of the total private land area within the area proposed for
1518
adjustment; and
1519
(C) is equal in value to at least 15% of the value of all private real property within the
1520
area proposed for adjustment; [and]
1521
(v) state that the area that is the subject of the boundary adjustment will, because of the
1522
boundary adjustment, be automatically annexed to a local district providing fire protection,
1523
paramedic, and emergency services, as provided in Section
17B-1-416
, if:
1524
(A) the municipality to which the area is being added because of the boundary
1525
adjustment is entirely within the boundaries of a local district:
1526
(I) that provides fire protection, paramedic, and emergency services; and
1527
(II) in the creation of which an election was not required because of Subsection
1528
17B-1-214
(3)(c); and
1529
(B) the municipality from which the area is being taken because of the boundary
1530
adjustment is not within the boundaries of the local district; and
1531
(vi) state that the area proposed for annexation to the municipality will be
1532
automatically withdrawn from a local district providing fire protection, paramedic, and
1533
emergency services, as provided in Subsection
17B-1-502
(2), if:
1534
(A) the municipality to which the area is being added because of the boundary
&n