Second Substitute S.B. 208

Senator Stephen H. Urquhart proposes the following substitute bill:

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

28 This bill coordinates with S.B. 73, Unincorporated Areas Amendments, providing
29 substantive and technical changes
30 This bill coordinates with S.B. 209, Land Use, Development, and Management Act
31 Amendments, providing substantive and technical changes.
32 Utah Code Sections Affected:
33 AMENDS:
34 3-1-7, as last amended by Laws of Utah 1994, Chapter 204
35 4-17-7, as last amended by Laws of Utah 1985, Chapter 18
36 4-30-5, as enacted by Laws of Utah 1979, Chapter 2
37 6-1-5, Utah Code Annotated 1953
38 7-1-704, as last amended by Laws of Utah 2008, Chapter 382
39 7-1-706, as last amended by Laws of Utah 1997, Chapter 91
40 7-1-709, as last amended by Laws of Utah 1995, Chapter 49
41 7-2-6, as last amended by Laws of Utah 1994, Chapter 200
42 7-7-10, as last amended by Laws of Utah 2003, Chapter 327
43 8-5-6, as last amended by Laws of Utah 2002, Chapter 123
44 9-3-409, as last amended by Laws of Utah 2005, Chapter 105
45 9-8-805, as renumbered and amended by Laws of Utah 1992, Chapter 241
46 10-2-108, as repealed and reenacted by Laws of Utah 1997, Chapter 389
47 10-2-111, as repealed and reenacted by Laws of Utah 1997, Chapter 389
48 10-2-114, as last amended by Laws of Utah 2008, Chapter 19
49 10-2-115, as last amended by Laws of Utah 2000, Chapter 1
50 10-2-116, as enacted by Laws of Utah 1997, Chapter 389
51 10-2-125, as last amended by Laws of Utah 2008, Chapters 16 and 19
52 10-2-406, as last amended by Laws of Utah 2007, Chapter 329
53 10-2-407, as last amended by Laws of Utah 2003, Chapter 211
54 10-2-415, as last amended by Laws of Utah 2001, Chapter 206
55 10-2-418, as last amended by Laws of Utah 2007, Chapters 329 and 378
56 10-2-419, as last amended by Laws of Utah 2007, Chapter 329
57 10-2-501, as last amended by Laws of Utah 2003, Chapter 279
58 10-2-502.5, as renumbered and amended by Laws of Utah 2003, Chapter 279

59 10-2-607, as last amended by Laws of Utah 1993, Chapter 227
60 10-2-703, as enacted by Laws of Utah 1977, Chapter 48
61 10-2-708, as enacted by Laws of Utah 1977, Chapter 48
62 10-3-818, as last amended by Laws of Utah 2008, Chapter 250
63 10-5-108, as last amended by Laws of Utah 2001, Chapter 178
64 10-6-113, as enacted by Laws of Utah 1979, Chapter 26
65 10-6-152, as last amended by Laws of Utah 1993, Chapter 4
66 10-7-16, as last amended by Laws of Utah 2002, Chapter 90
67 10-7-19, Utah Code Annotated 1953
68 10-8-2, as last amended by Laws of Utah 2008, Chapters 3 and 382
69 10-9a-204, as enacted by Laws of Utah 2005, Chapter 254
70 10-9a-205, as enacted by Laws of Utah 2005, Chapter 254
71 10-9a-208, as last amended by Laws of Utah 2006, Chapter 240
72 10-18-203, as enacted by Laws of Utah 2001, Chapter 83
73 10-18-302, as last amended by Laws of Utah 2008, Chapter 382
74 10-18-303, as enacted by Laws of Utah 2001, Chapter 83
75 11-13-219, as last amended by Laws of Utah 2005, Chapter 105
76 11-14-202, as last amended by Laws of Utah 2006, Chapter 83
77 11-14-315, as last amended by Laws of Utah 2006, Chapter 83
78 11-14-316, as last amended by Laws of Utah 2006, Chapter 83
79 11-14-318, as enacted by Laws of Utah 2008, Chapter 21
80 11-14a-1, as last amended by Laws of Utah 2007, Chapter 329
81 11-17-16, as last amended by Laws of Utah 1988, Third Special Session, Chapter 1
82 11-27-4, as enacted by Laws of Utah 1981, Chapter 43
83 11-27-5, as enacted by Laws of Utah 1981, Chapter 43
84 11-30-5, as last amended by Laws of Utah 1997, Chapter 84
85 11-32-10, as enacted by Laws of Utah 1987, Chapter 143
86 11-32-11, as enacted by Laws of Utah 1987, Chapter 143
87 11-39-103, as last amended by Laws of Utah 2007, Chapter 329
88 11-42-202, as enacted by Laws of Utah 2007, Chapter 329
89 11-42-301, as enacted by Laws of Utah 2007, Chapter 329

90 11-42-402, as enacted by Laws of Utah 2007, Chapter 329
91 11-42-404, as enacted by Laws of Utah 2007, Chapter 329
92 11-42-604, as enacted by Laws of Utah 2007, Chapter 329
93 13-31-302, as enacted by Laws of Utah 1998, Chapter 349
94 13-44-202, as enacted by Laws of Utah 2006, Chapter 343
95 16-4-206, as enacted by Laws of Utah 2007, Chapter 367
96 16-4-303, as enacted by Laws of Utah 2007, Chapter 367
97 16-4-312, as enacted by Laws of Utah 2007, Chapter 367
98 16-6a-103, as enacted by Laws of Utah 2000, Chapter 300
99 16-6a-704, as enacted by Laws of Utah 2000, Chapter 300
100 16-6a-814, as last amended by Laws of Utah 2006, Chapter 228
101 16-6a-1407, as last amended by Laws of Utah 2008, Chapter 364
102 16-10a-103, as last amended by Laws of Utah 2008, Chapter 364
103 16-10a-1407, as last amended by Laws of Utah 2008, Chapter 364
104 16-16-1209, as enacted by Laws of Utah 2008, Chapter 363
105 17-27a-204, as enacted by Laws of Utah 2005, Chapter 254
106 17-27a-205, as enacted by Laws of Utah 2005, Chapter 254
107 17-27a-208, as last amended by Laws of Utah 2006, Chapter 240
108 17-27a-306, as last amended by Laws of Utah 2008, Chapter 250
109 17-27a-404, as renumbered and amended by Laws of Utah 2005, Chapter 254
110 17-30-6, as last amended by Laws of Utah 1993, Chapter 234
111 17-36-12, as last amended by Laws of Utah 1979, Chapter 62
112 17-36-25, as enacted by Laws of Utah 1975, Chapter 22
113 17-36-26, as enacted by Laws of Utah 1975, Chapter 22
114 17-36-40, as enacted by Laws of Utah 1983, Chapter 73
115 17-41-302, as last amended by Laws of Utah 2006, Chapter 194
116 17-41-304, as last amended by Laws of Utah 2006, Chapter 194
117 17-41-405, as last amended by Laws of Utah 2006, Chapter 194
118 17-52-101, as last amended by Laws of Utah 2001, Chapter 241
119 17-53-208, as last amended by Laws of Utah 2006, Chapter 192
120 17A-3-914, as last amended by Laws of Utah 1991, Chapter 5

121 17A-3-915, as renumbered and amended by Laws of Utah 1990, Chapter 186
122 17B-1-211, as renumbered and amended by Laws of Utah 2007, Chapter 329
123 17B-1-304, as renumbered and amended by Laws of Utah 2007, Chapter 329
124 17B-1-306, as last amended by Laws of Utah 2008, Chapters 54, 182, and 360
125 17B-1-313, as enacted by Laws of Utah 2007, Chapter 329
126 17B-1-413, as renumbered and amended by Laws of Utah 2007, Chapter 329
127 17B-1-417, as renumbered and amended by Laws of Utah 2007, Chapter 329
128 17B-1-512, as renumbered and amended by Laws of Utah 2007, Chapter 329
129 17B-1-609, as renumbered and amended by Laws of Utah 2007, Chapter 329
130 17B-1-643, as last amended by Laws of Utah 2008, Chapter 360
131 17B-1-1204, as enacted by Laws of Utah 2007, Chapter 329
132 17B-1-1307, as renumbered and amended by Laws of Utah 2007, Chapter 329
133 17C-1-601, as renumbered and amended by Laws of Utah 2006, Chapter 359
134 17C-2-108, as renumbered and amended by Laws of Utah 2006, Chapter 359
135 17C-2-403, as renumbered and amended by Laws of Utah 2006, Chapter 359
136 17C-3-107, as enacted by Laws of Utah 2006, Chapter 359
137 17C-3-303, as enacted by Laws of Utah 2006, Chapter 359
138 17C-4-106, as enacted by Laws of Utah 2006, Chapter 359
139 17C-4-202, as last amended by Laws of Utah 2007, Chapter 364
140 17C-4-302, as enacted by Laws of Utah 2006, Chapter 359
141 17D-1-205, as enacted by Laws of Utah 2008, Chapter 360
142 17D-2-601, as enacted by Laws of Utah 2008, Chapter 360
143 17D-3-305, as enacted by Laws of Utah 2008, Chapter 360
144 19-2-109, as renumbered and amended by Laws of Utah 1991, Chapter 112
145 19-5-110, as renumbered and amended by Laws of Utah 1991, Chapter 112
146 19-6-712, as enacted by Laws of Utah 1993, Chapter 283
147 20A-3-201, as last amended by Laws of Utah 2006, Chapter 326
148 20A-3-603, as last amended by Laws of Utah 2008, Chapter 53
149 20A-3-604, as enacted by Laws of Utah 2006, Chapter 264
150 20A-5-101, as last amended by Laws of Utah 2007, Chapters 238 and 329
151 20A-5-405, as last amended by Laws of Utah 2007, Chapter 75

152 20A-7-204.1, as last amended by Laws of Utah 2005, Chapter 236
153 20A-9-203, as last amended by Laws of Utah 2008, Chapters 13, 19, and 225
154 23-21-1.5, as last amended by Laws of Utah 1998, Chapter 218
155 24-1-4, as last amended by Laws of Utah 2004, Chapter 296
156 26-8a-405.3, as last amended by Laws of Utah 2008, Chapter 382
157 26-8a-406, as last amended by Laws of Utah 2003, Chapter 213
158 26-19-6, as last amended by Laws of Utah 2004, Chapter 72
159 31A-2-303, as last amended by Laws of Utah 1987, Chapter 161
160 31A-27a-406, as enacted by Laws of Utah 2007, Chapter 309
161 38-2-3.2, as last amended by Laws of Utah 2007, Chapter 306
162 38-8-3, as last amended by Laws of Utah 1984, Chapter 66
163 38-13-204, as enacted by Laws of Utah 2005, Chapter 187
164 39-1-15, Utah Code Annotated 1953
165 40-6-10, as last amended by Laws of Utah 2008, Chapter 382
166 40-8-8, as last amended by Laws of Utah 2002, Chapter 194
167 40-8-10, as last amended by Laws of Utah 1987, Chapter 161
168 40-8-13, as last amended by Laws of Utah 2003, Chapter 35
169 40-10-13, as last amended by Laws of Utah 2008, Chapter 382
170 40-10-17 (Subsect (2)(t)(ii) Repeal 09/30/09), as last amended by Laws of Utah 2004,
171 Chapter 230
172 40-10-27, as last amended by Laws of Utah 1997, Chapter 135
173 41-1a-1103, as last amended by Laws of Utah 2005, Chapter 56
174 47-2-4, as last amended by Laws of Utah 2000, Chapter 75
175 48-2c-1306, as last amended by Laws of Utah 2008, Chapter 364
176 52-4-202, as last amended by Laws of Utah 2008, Chapters 234 and 360
177 53A-3-202, as last amended by Laws of Utah 2007, Chapter 375
178 53A-3-402, as last amended by Laws of Utah 2007, Chapter 92
179 53A-18-104, as enacted by Laws of Utah 1988, Chapter 2
180 53A-19-102, as last amended by Laws of Utah 2008, Chapters 61, 231, and 236
181 53A-19-104, as enacted by Laws of Utah 1988, Chapter 2
182 53B-3-107, as last amended by Laws of Utah 1997, Chapter 116

183 53B-7-101.5, as enacted by Laws of Utah 2001, Chapter 186
184 54-4-27, Utah Code Annotated 1953
185 54-7-17, as last amended by Laws of Utah 1987, Chapter 161
186 54-8-10, as enacted by Laws of Utah 1969, Chapter 157
187 54-8-16, as enacted by Laws of Utah 1969, Chapter 157
188 54-8-23, as enacted by Laws of Utah 1969, Chapter 157
189 57-1-25, as last amended by Laws of Utah 2002, Chapter 209
190 57-11-11, as last amended by Laws of Utah 2000, Chapter 86
191 59-2-918, as last amended by Laws of Utah 2008, Chapters 61, 231, and 236
192 59-2-919, as last amended by Laws of Utah 2008, Chapters 231 and 301
193 59-2-924, as last amended by Laws of Utah 2008, Chapters 61, 118, 231, 236, 330, 360,
194 and 382
195 59-2-926, as last amended by Laws of Utah 2008, Chapter 330
196 59-2-1303, as last amended by Laws of Utah 1999, Chapter 207
197 59-2-1309, as last amended by Laws of Utah 1997, Chapter 360
198 59-2-1310, as last amended by Laws of Utah 1995, Chapter 198
199 59-2-1332, as last amended by Laws of Utah 1997, Chapter 143
200 59-2-1332.5, as last amended by Laws of Utah 2002, Chapter 30
201 59-2-1351, as last amended by Laws of Utah 2000, Chapter 75
202 59-12-402, as last amended by Laws of Utah 2008, Chapter 384
203 59-12-1001, as last amended by Laws of Utah 2008, Chapters 382 and 384
204 59-12-1102, as last amended by Laws of Utah 2008, Chapters 237, 382, and 384
205 63B-1-317, as renumbered and amended by Laws of Utah 2003, Chapter 86
206 63B-1a-501, as enacted by Laws of Utah 2003, Chapter 2
207 63B-2-116, as last amended by Laws of Utah 2005, Chapter 105
208 63B-2-216, as last amended by Laws of Utah 2005, Chapter 105
209 63B-3-116, as last amended by Laws of Utah 2005, Chapter 105
210 63B-3-216, as last amended by Laws of Utah 2005, Chapter 105
211 63B-4-116, as last amended by Laws of Utah 2005, Chapter 105
212 63B-5-116, as last amended by Laws of Utah 2005, Chapter 105
213 63B-6-116, as last amended by Laws of Utah 2005, Chapter 105

214 63B-6-216, as last amended by Laws of Utah 2005, Chapter 105
215 63B-6-416, as last amended by Laws of Utah 2005, Chapter 105
216 63B-7-116, as last amended by Laws of Utah 2005, Chapter 105
217 63B-7-216, as last amended by Laws of Utah 2005, Chapter 105
218 63B-7-416, as last amended by Laws of Utah 2005, Chapter 105
219 63B-8-116, as last amended by Laws of Utah 2005, Chapter 105
220 63B-8-216, as last amended by Laws of Utah 2005, Chapter 105
221 63B-8-416, as last amended by Laws of Utah 2005, Chapter 105
222 63B-10-116, as last amended by Laws of Utah 2005, Chapter 105
223 63B-11-116, as last amended by Laws of Utah 2005, Chapter 105
224 63B-11-216, as last amended by Laws of Utah 2005, Chapter 105
225 63B-11-316, as last amended by Laws of Utah 2005, Chapter 105
226 63B-11-516, as last amended by Laws of Utah 2005, Chapter 105
227 63C-7-306, as enacted by Laws of Utah 1997, Chapter 136
228 63F-1-701, as enacted by Laws of Utah 2007, Chapter 249
229 63G-6-401, as renumbered and amended by Laws of Utah 2008, Chapter 382
230 63G-9-303, as renumbered and amended by Laws of Utah 2008, Chapter 382
231 63H-1-403, as enacted by Laws of Utah 2007, Chapter 23
232 63H-1-701, as enacted by Laws of Utah 2007, Chapter 23
233 63H-1-801, as enacted by Laws of Utah 2007, Chapter 23
234 67-4a-402, as last amended by Laws of Utah 2007, Chapter 18
235 67-4a-403, as last amended by Laws of Utah 2007, Chapter 18
236 72-3-108, as last amended by Laws of Utah 2000, Chapter 324
237 72-5-105, as last amended by Laws of Utah 2006, Chapter 101
238 72-6-108, as last amended by Laws of Utah 2008, Chapter 382
239 73-1-4, as last amended by Laws of Utah 2008, Chapters 380 and 382
240 73-1-16, Utah Code Annotated 1953
241 73-3-6, as last amended by Laws of Utah 2003, Chapter 99
242 73-3-12, as last amended by Laws of Utah 2008, Chapters 52 and 311
243 73-3a-107, as last amended by Laws of Utah 2003, Chapter 99
244 73-4-3, as last amended by Laws of Utah 2007, Chapter 136

245 73-4-4, as last amended by Laws of Utah 2007, Chapter 136
246 73-4-9, Utah Code Annotated 1953
247 73-5-14, Utah Code Annotated 1953
248 73-5-15, as last amended by Laws of Utah 2008, Chapters 360 and 382
249 73-6-2, Utah Code Annotated 1953
250 75-1-401, as last amended by Laws of Utah 1977, Chapter 194
251 75-3-801, as last amended by Laws of Utah 1992, Chapter 179
252 75-7-508, as last amended by Laws of Utah 2007, Chapter 64
253 76-8-809, as enacted by Laws of Utah 1973, Chapter 196
254 76-10-530, as last amended by Laws of Utah 2003, Chapter 203
255 77-24a-5, as last amended by Laws of Utah 2005, Chapter 126
256 78A-6-109, as renumbered and amended by Laws of Utah 2008, Chapter 3
257 78B-5-613, as enacted by Laws of Utah 2008, Chapter 3
258
259 Be it enacted by the Legislature of the state of Utah:
260 Section 1. Section 3-1-7 is amended to read:
261 3-1-7. Amendments to articles of incorporation.
262 (1) An association may amend its articles of incorporation by the affirmative vote of a
263 majority of the members voting at:
264 (a) a regular meeting; or
265 (b) a special meeting called for that purpose.
266 (2) Written notice of the proposed amendment and of the time and place of the meeting
267 shall be provided to the members of the association by any one of the following procedures:
268 (a) by mail at the last-known address at least ten days prior to the meeting;
269 (b) by personal delivery at least ten days prior to the meeting; or
270 (c) by publication not less than ten days or more than 60 days prior to the meeting:
271 (i) in a periodical published by or for the association, to which substantially all of its
272 members are subscribers[,] or;
273 (ii) until January 1, 2011, in a newspaper or newspapers whose combined circulation is
274 general in the territory in which the association operates[.]; and
275 (iii) beginning on January 1, 2011, on the Utah Public Notice Website as described in

276 Section 63F-1-701 .
277 (3) In addition to one of the means set forth in Subsection (2), the association may give
278 notice by any method established pursuant to the articles of incorporation or bylaws of the
279 association.
280 (4) The bylaws may require that the notice period be longer than ten days.
281 (5) An amendment affecting the preferential rights of any outstanding preferred stock
282 may not be adopted until the written consent of the holders of a majority of the outstanding
283 preference shares has been obtained.
284 (6) After an amendment has been adopted, articles of amendment shall be:
285 (a) prepared, in duplicate, setting forth the amendment and the fact of the adoption;
286 (b) signed and acknowledged by the president, chair, vice president, or vice chair and
287 by the secretary or treasurer; and
288 (c) filed in the same manner as the original articles of incorporation.
289 Section 2. Section 4-17-7 is amended to read:
290 4-17-7. Notice of noxious weeds to be published annually in county -- Notice to
291 particular property owners to control noxious weeds -- Methods of prevention or control
292 specified -- Failure to control noxious weeds considered public nuisance.
293 (1) Each county weed control board before May 1 of each year shall post a general
294 notice of the noxious weeds within the county in at least three public places within the county
295 and publish the same notice on:
296 (a) until January 1, 2011, at least three occasions in a newspaper or other publication of
297 general circulation within the county[.]; and
298 (b) beginning on January 1, 2011, on the Utah Public Notice Website as described in
299 Section 63F-1-701 .
300 (2) If the county weed control board determines that particular property within the
301 county requires prompt and definite attention to prevent or control noxious weeds, it shall serve
302 the owner or the person in possession of the property, personally or by certified mail, a notice
303 specifying when and what action should be taken on the property. Methods of prevention or
304 control may include definite systems of tillage, cropping, use of chemicals, and use of
305 livestock.
306 (3) An owner or person in possession of property who fails to take action to control or

307 prevent the spread of noxious weeds as specified in the notice is maintaining a public nuisance.
308 Section 3. Section 4-30-5 is amended to read:
309 4-30-5. Hearing on license application -- Notice of hearing.
310 (1) Upon the filing of an application, the chairman of the Livestock Market Committee
311 shall set a time for hearing on the application in the city or town nearest the proposed site of the
312 livestock market and cause notice of the time and place of the hearing together with a copy of
313 the application to be forwarded by mail, not less than 15 days before the hearing date, to the
314 following:
315 (a) each licensed livestock market operator within the state; and
316 (b) each livestock or other interested association or group of persons in the state that
317 has filed written notice with the committee requesting receipt of notice of such hearings.
318 (2) Notice of the hearing shall be published 14 days before the scheduled hearing date:
319 (i) until January 1, 2011, in a daily or weekly newspaper of general circulation within
320 the city or town where the hearing is scheduled[.]; and
321 (ii) beginning on January 1, 2011, on the Utah Public Notice Website as described in
322 Section 63F-1-701 .
323 Section 4. Section 6-1-5 is amended to read:
324 6-1-5. Notice of assignment.
325 The assignee shall forthwith give notice of such assignment [by publication in some]:
326 (1) until January 1, 2011, by publication once a week for six weeks:
327 (a) (i) in a newspaper published in the county[,]; or[, if none,]
328 (ii) if there is not a newspaper as described in Subsection (1)(a)(i), in a newspaper
329 [having] of general circulation [therein, which notice shall be published at least once a week
330 for six weeks; and shall forthwith send a notice] in the county; and
331 (b) beginning on January 1, 2011, by publication for six weeks on the Utah Public
332 Notice Website as described in Section 63F-1-701 ; and
333 (2) by mail to each creditor of whom he shall be informed, directed to his usual place
334 of residence, requiring such creditor to present to him within three months thereafter his claims
335 under oath.
336 Section 5. Section 7-1-704 is amended to read:
337 7-1-704. Authorization required to engage in business -- Exemptions --

338 Procedure.
339 (1) (a) An institution subject to the jurisdiction of the department may maintain an
340 office in this state or engage in the activities of a financial institution in this state only if it is
341 authorized to do so by the department.
342 (b) This Subsection (1) does not apply to:
343 (i) any person who is lawfully engaging in the activities of a financial institution in this
344 state on July 1, 1981, unless the institution was not subject to the jurisdiction of the department
345 before that date;
346 (ii) an application to establish a branch or additional office; or
347 (iii) the establishment of a service corporation or service organization.
348 (2) An applicant for authorization to become an institution subject to the jurisdiction of
349 the department shall pay to the department the appropriate filing fee, as provided in Section
350 7-1-401 , and shall file with the commissioner:
351 (a) its undertaking to pay all expenses incurred in conducting any administrative
352 proceedings forming part of the department's consideration of the application;
353 (b) its proposed articles of incorporation and by-laws;
354 (c) an application in a form prescribed by the commissioner that includes all
355 information the commissioner requires about the source of the proposed original capital and
356 about the identity, personal history, business background and experience, financial condition,
357 and participation in any litigation or administrative proceeding of the organizers, the proposed
358 members of the board of directors, and the principal officers; and
359 (d) any other information the commissioner requires.
360 (3) In addition to the requirements of Title 63G, Chapter 4, Administrative Procedures
361 Act, the commissioner shall, at the expense of the applicant:
362 (a) (i) until January 1, 2011, give notice of the application by publication in three
363 successive issues of a newspaper of general circulation in the county where the principal place
364 of business is to be established; and
365 (ii) beginning on January 1, 2011, on the Utah Public Notice Website as described in
366 Section 63F-1-701 ;
367 (b) give notice of the application to other institutions subject to the jurisdiction of the
368 department in a manner and to an extent the commissioner considers appropriate;

369 (c) cause the appropriate supervisor to make a careful investigation and examination of
370 the following:
371 (i) the character, reputation, and financial standing and ability of the organizers;
372 (ii) the character, financial responsibility, experience, and business qualifications of
373 those proposed as officers;
374 (iii) the character and standing in the community of those proposed as directors,
375 principal stockholders, or owners;
376 (iv) the need in the service area where the institution would be located, giving
377 particular consideration to the adequacy of existing financial facilities and the effect the
378 proposed institution would have on existing institutions in the area;
379 (v) the ability of the proposed service area to support the proposed institution,
380 including the extent and nature of existing competition, the economic history and future
381 prospects of the community, and the opportunity for profitable employment of financial
382 institution funds; and
383 (vi) other facts and circumstances bearing on the proposed institution that the
384 supervisor considers relevant.
385 (4) (a) The supervisor shall submit findings and recommendations in writing to the
386 commissioner.
387 (b) The application, any additional information furnished by the applicant, and the
388 findings and recommendations of the supervisor may be inspected by any person at the
389 department's office, except those portions of the application or report the commissioner
390 declares to be confidential, pursuant to the applicant's request, in order to prevent a clearly
391 unwarranted invasion of privacy.
392 (5) (a) If a hearing is held, the applicant shall publish notice of the hearing at the
393 applicant's expense:
394 (i) until January 1, 2011, in a newspaper of general circulation within the county where
395 the proposed institution is to be located at least once a week for three successive weeks before
396 the date of hearing[.]; and
397 (ii) beginning on January 1, 2011, on the Utah Public Notice Website as described in
398 Section 63F-1-701 for three successive weeks before the date of the hearing.
399 (b) The notice shall include the date, time, and place of the hearing and any other

400 information required by the commissioner.
401 (c) The commissioner shall act on the record before him within 30 days after receipt of
402 the transcript of the hearing.
403 (6) If no hearing is held, the commissioner may, within 90 days of acceptance of the
404 application as complete, approve or disapprove the application based on the papers filed with
405 him, together with the supervisor's findings and recommendations.
406 (7) (a) The commissioner may not approve the application unless the commissioner
407 finds that the applicant has established by the preponderance of the evidence that:
408 (i) in light of the need for financial services in the area, the adequacy of existing
409 facilities, and the effect the proposed institution would have on existing institutions in the area,
410 the public need and convenience will be promoted by the establishment of the proposed
411 institution;
412 (ii) in light of the ability of the proposed service area to support the proposed
413 institution, including the extent and nature of existing competition, the economic history and
414 future prospects of the community, and the opportunity for profitable employment of financial
415 institution funds, conditions in the service area in which the proposed institution would transact
416 business afford reasonable promise of a successful operation;
417 (iii) the institution is being formed only for legitimate purposes allowed by the laws of
418 this state;
419 (iv) the proposed capital equals or exceeds the required minimum and is adequate in
420 light of current and prospective conditions;
421 (v) if the applicant is seeking authority to accept deposits, the deposits will be insured
422 or guaranteed by an agency of the federal government;
423 (vi) the proposed officers and directors have sufficient experience, ability, and standing
424 to afford reasonable promise of a successful operation;
425 (vii) the name of the proposed financial institution does not resemble the name of any
426 other institution transacting business in this state so closely as to cause confusion;
427 (viii) the applicants have complied with all of the provisions of law; and
428 (ix) no properly managed and soundly operated existing institutions offering
429 substantially similar services in the service area to which the application relates will be unduly
430 injured by approval of the application.

431 (b) The commissioner may condition approval of the application on the institution's
432 acceptance of requirements or conditions with respect to insurance that the commissioner
433 considers necessary to protect depositors.
434 (8) (a) The commissioner shall provide written findings and conclusions on the
435 application.
436 (b) Upon approving an application, the commissioner shall:
437 (i) endorse the approval on the articles of incorporation;
438 (ii) file one copy with the Division of Corporations and Commercial Code;
439 (iii) retain one file copy; and
440 (iv) return one copy to the applicant within ten days after the date of the
441 commissioner's decision approving the application.
442 (c) Upon disapproving an application, the commissioner shall mail notice of the
443 disapproval to the applicant within ten days.
444 (d) The commissioner may approve an application subject to conditions the
445 commissioner considers appropriate to protect the public interest and carry out the purposes of
446 this title.
447 (e) The commissioner shall give written notice of the decision to all persons who have
448 filed a protest to the application.
449 (9) Upon approval of an application for authorization to conduct a business subject to
450 the jurisdiction of the department, the commissioner shall issue a license, permit, or other
451 appropriate certificate of authority if:
452 (a) except in the case of credit unions, all of the capital of the institution being formed
453 has been paid in; and
454 (b) all the conditions and other requirements for approval of the application have been
455 met.
456 (10) (a) Any approval by the commissioner of an application under this section is
457 considered revoked unless the business is open and operating within one year from the date of
458 the approval.
459 (b) The commissioner, on written application made before the expiration of that period,
460 and for good cause shown, may extend the date for activation for additional periods not to
461 exceed six months each.

462 (11) No person may obtain, for the purpose of resale, a certificate of approval to
463 operate any institution under the jurisdiction of the department.
464 (12) The commissioner may approve an application without any notice to other
465 financial institutions to respond to an emergency arising from the insolvency of an existing
466 institution or to prevent the failure of an existing institution if the commissioner makes the
467 findings required by Subsection (7).
468 Section 6. Section 7-1-706 is amended to read:
469 7-1-706. Application to commissioner to exercise power -- Procedure.
470 (1) Except as provided in Sections 7-1-704 and 7-1-705 , by filing a request for agency
471 action with the commissioner, any person may request the commissioner to:
472 (a) issue any rule or order;
473 (b) exercise any powers granted to the commissioner under this title; or
474 (c) act on any matter that is subject to the approval of the commissioner.
475 (2) Within ten days of receipt of the request, the commissioner shall, at the applicant's
476 expense, cause a supervisor to make a careful investigation of the facts relevant or material to
477 the request.
478 (3) (a) The supervisor shall submit written findings and recommendations to the
479 commissioner.
480 (b) The application, any additional information furnished by the applicant, and the
481 findings and recommendations of the supervisor may be inspected by any person at the office
482 of the commissioner, except those portions of the application or report that the commissioner
483 designates as confidential to prevent a clearly unwarranted invasion of privacy.
484 (4) (a) If a hearing is held concerning the request, the commissioner shall publish notice
485 of the hearing at the applicant's expense:
486 (i) until January 1, 2011, in a newspaper of general circulation within the county where
487 the applicant is located at least once a week for three successive weeks before the date of the
488 hearing[.]; and
489 (ii) beginning on January 1, 2011, on the Utah Public Notice Website as described in
490 Section 63F-1-701 for three successive weeks before the date of the hearing.
491 (b) The notice required by Subsection (4)(a) shall include the information required by
492 the department's rules.

493 (c) The commissioner shall act upon the request within 30 days after the close of the
494 hearing, based on the record before the commissioner.
495 (5) (a) If no hearing is held, the commissioner shall approve or disapprove the request
496 within 90 days of receipt of the request based on:
497 (i) the application;
498 (ii) additional information filed with the commissioner; and
499 (iii) the findings and recommendations of the supervisor.
500 (b) The commissioner shall act on the request by issuing findings of fact, conclusions,
501 and an order, and shall mail a copy of each to:
502 (i) the applicant;
503 (ii) all persons who have filed protests to the granting of the application; and
504 (iii) other persons that the commissioner considers should receive copies.
505 (6) The commissioner may impose any conditions or limitations on the approval or
506 disapproval of a request that the commissioner considers proper to:
507 (a) protect the interest of creditors, depositors, and other customers of an institution;
508 (b) protect its shareholders or members; and
509 (c) carry out the purposes of this title.
510 Section 7. Section 7-1-709 is amended to read:
511 7-1-709. Branches -- Discontinuance of operation.
512 (1) A Utah depository institution or out-of-state depository institution authorized to do
513 business in this state may discontinue operation of a branch upon resolution of its board of
514 directors.
515 (2) Upon adopting the resolution, the institution shall file an application with the
516 commissioner specifying:
517 (a) the location of the branch to be discontinued;
518 (b) the date of the proposed discontinuance;
519 (c) the reasons for closing the branch; and
520 (d) the extent to which the public need and convenience or service to members would
521 still be adequately met.
522 (3) (a) Upon filing its application with the commissioner, the institution shall publish
523 notice of the discontinuance:

524 (i) until January 1, 2011, in a newspaper serving the area once a week for two
525 consecutive weeks[.]; and
526 (ii) beginning on January 1, 2011, on the Utah Public Notice Website as described in
527 Section 63F-1-701 for two consecutive weeks.
528 (b) The commissioner may approve the application after a reasonable comment period
529 following publication.
530 (4) An out-of-state depository institution with a branch in Utah is not subject to the
531 requirements of this section if the branch to be closed is located outside of Utah.
532 Section 8. Section 7-2-6 is amended to read:
533 7-2-6. Possession by commissioner -- Notice -- Presentation, allowance, and
534 disallowance of claims -- Objections to claims.
535 (1) (a) Possession of an institution by the commissioner commences when notice of
536 taking possession is:
537 (i) posted in each office of the institution located in this state; or
538 (ii) delivered to a controlling person or officer of the institution.
539 (b) All notices, records, and other information regarding possession of an institution by
540 the commissioner may be kept confidential, and all court records and proceedings relating to
541 the commissioner's possession may be sealed from public access if:
542 (i) the commissioner finds it is in the best interests of the institution and its depositors
543 not to notify the public of the possession by the commissioner;
544 (ii) the deposit and withdrawal of funds and payment to creditors of the institution is
545 not suspended, restricted, or interrupted; and
546 (iii) the court approves.
547 (2) (a) (i) Within 15 days after taking possession of an institution or other person under
548 the jurisdiction of the department, the commissioner shall publish a notice to all persons who
549 may have claims against the institution or other person to file proof of their claims with the
550 commissioner before a date specified in the notice.
551 (ii) The filing date shall be at least 90 days after the date of the first publication of the
552 notice.
553 (iii) The notice shall be published:
554 (A) (I) until January 1, 2011, in a newspaper of general circulation in each city or

555 county in which the institution or other person, or any subsidiary or service corporation of the
556 institution, maintains an office[. The notice shall be]; and
557 (II) published again approximately 30 days and 60 days after the date of the first
558 publication[.]; and
559 (B) beginning on January 1, 2011, on the Utah Public Notice Website as described in
560 Section 63F-1-701 for 60 days.
561 (b) (i) Within 60 days of taking possession of a depository institution, the
562 commissioner shall send a similar notice to all persons whose identity is reflected in the books
563 or records of the institution as depositors or other creditors, secured or unsecured, parties to
564 litigation involving the institution pending at the date the commissioner takes possession of the
565 institution, and all other potential claimants against the institution whose identity is reasonably
566 ascertainable by the commissioner from examination of the books and records of the
567 institution. No notice is required in connection with accounts or other liabilities of the
568 institution that will be paid in full or be fully assumed by another depository institution or trust
569 company. The notice shall specify a filing date for claims against the institution not less than
570 60 days after the date of mailing. Claimants whose claims against the institution have been
571 assumed by another depository institution or trust company pursuant to a merger or purchase
572 and assumption agreement with the commissioner, or a federal deposit insurance agency
573 appointed as receiver or liquidator of the institution, shall be notified of the assumption of their
574 claims and the name and address of the assuming party within 60 days after the claim is
575 assumed. Unless a purchase and assumption or merger agreement requires otherwise, the
576 assuming party shall give all required notices. Notice shall be mailed to the address appearing
577 in the books and records of the institution.
578 (ii) Inadvertent or unintentional failure to mail a notice to any person entitled to written
579 notice under this paragraph does not impose any liability on the commissioner or any receiver
580 or liquidator appointed by him beyond the amount the claimant would be entitled to receive if
581 the claim had been timely filed and allowed. The commissioner or any receiver or liquidator
582 appointed by him are not liable for failure to mail notice unless the claimant establishes that it
583 had no knowledge of the commissioner taking possession of the institution until after all
584 opportunity had passed for obtaining payment through filing a claim with the commissioner,
585 receiver, or liquidator.

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

617 (a) Each claim filed on or before the filing date shall be allowed or disallowed within
618 180 days after the final publication of notice.
619 (b) If notice of disallowance is not served upon the claimant by the commissioner
620 within 210 days after the date of final publication of notice, the claim is considered disallowed.
621 (c) The rights of claimants and the amount of a claim shall be determined as of the date
622 the commissioner took possession of the institution under this chapter. Claims based on
623 contractual obligations of the institution in existence on the date of possession may be allowed
624 unless the obligation of the institution is dependent on events occurring after the date of
625 possession, or the amount or worth of the claim cannot be determined before any distribution
626 of assets of the institution is made to claimants having the same priority under Section 7-2-15 .
627 (d) (i) An unliquidated claim against the institution, including claims based on alleged
628 torts for which the institution would have been liable on the date the commissioner took
629 possession of the institution and any claims for a right to an equitable remedy for breach of
630 performance by the institution, may be filed in an estimated amount. The commissioner may
631 disallow or allow the claim in an amount determined by the commissioner, settle the claim in
632 an amount approved by the court, or, in his discretion, refer the claim to the court designated by
633 Section 7-2-2 for determination in accordance with procedures designated by the court. If the
634 institution held on the date of possession by the commissioner a policy of insurance that would
635 apply to the liability asserted by the claimant, the commissioner, or any receiver appointed by
636 him may assign to the claimant all rights of the institution under the insurance policy in full
637 satisfaction of the claim.
638 (ii) If the commissioner finds there are or may be issues of fact or law as to the validity
639 of a claim, liquidated or unliquidated, or its proper allowance or disallowance under the
640 provisions of this chapter, he may appoint a hearing examiner to conduct a hearing and to
641 prepare and submit recommended findings of fact and conclusions of law for final
642 consideration by the commissioner. The hearing shall be conducted as provided in rules or
643 regulations issued by the commissioner. The decision of the commissioner shall be based on
644 the record before the hearing examiner and information the commissioner considers relevant
645 and shall be subject to judicial review as provided in Subsection (9).
646 (e) A claim may be disallowed if it is based on actions or documents intended to
647 deceive the commissioner or any receiver or liquidator appointed by him.

648 (f) The commissioner may defer payment of any claim filed on behalf of a person who
649 was at any time in control of the institution within the meaning of Section 7-1-103 , pending the
650 final determination of all claims of the institution against that person.
651 (g) The commissioner or any receiver appointed by him may disallow a claim that
652 seeks a dollar amount if it is determined by the court having jurisdiction under Section 7-2-2
653 that the commissioner or receiver or conservator will not have any assets with which to pay the
654 claim under the priorities established by Section 7-2-15 .
655 (h) The commissioner may adopt rules to establish such alternative dispute resolution
656 processes as may be appropriate for the resolution of claims filed against an institution under
657 this chapter.
658 (i) In establishing alternative dispute resolution processes, the commissioner shall
659 strive for procedures that are expeditious, fair, independent, and low cost. The commissioner
660 shall seek to develop incentives for claimants to participate in the alternative dispute resolution
661 process.
662 (j) The commissioner may establish both binding and nonbinding processes, which
663 may be conducted by any government or private party, but all parties, including the claimant
664 and the commissioner or any receiver appointed by him, must agree to the use of the process in
665 a particular case.
666 (5) Claims filed after the filing date are disallowed, unless:
667 (a) the claimant who did not file his claim timely demonstrates that he did not have
668 notice or actual knowledge of the proceedings in time to file a timely proof of claim; and
669 (b) proof of the claim was filed prior to the last distribution of assets. For the purpose
670 of this subsection only, late filed claims may be allowed if proof was filed before the final
671 distribution of assets of the institution to claimants of the same priority and are payable only
672 out of the remaining assets of the institution.
673 (c) A late filed claim may be disallowed under any other provision of this section.
674 (6) Debts owing to the United States or to any state or its subdivisions as a penalty or
675 forfeiture are not allowed, except for the amount of the pecuniary loss sustained by the act,
676 transaction, or proceeding out of which the penalty or forfeiture arose.
677 (7) Except as otherwise provided in Subsection 7-2-15 (1)(a), interest accruing on any
678 claim after the commissioner has taken possession of an institution or other person under this

679 chapter may be disallowed.
680 (8) A claim against an institution or its assets based on a contract or agreement may be
681 disallowed unless the agreement: (a) is in writing; (b) is otherwise a valid and enforceable
682 contract; and (c) has continuously, from the time of its execution, been an official record of the
683 institution. The requirements of this Subsection (8) do not apply to claims for goods sold or
684 services rendered to an institution in the ordinary course of business by trade creditors who do
685 not customarily use written agreements or other documents.
686 (9) (a) Objection to any claim allowed or disallowed may be made by any depositor or
687 other claimant by filing a written objection with the commissioner within 30 days after service
688 of the notice of allowance or disallowance. The commissioner shall present the objection to
689 the court for hearing and determination upon written notice to the claimant and to the filing
690 party. The notice shall set forth the time and place of hearing. After the 30-day period, no
691 objection may be filed. This Subsection (9) does not apply to secured claims allowed under
692 Subsection (3).
693 (b) The hearing shall be based on the record before the commissioner and any
694 additional evidence the court allowed to provide the parties due process of law.
695 (c) The court may not reverse or otherwise modify the determination of the
696 commissioner with respect to the claim unless it finds the determination of the commissioner to
697 be arbitrary, capricious, or otherwise contrary to law. The burden of proof is on the party
698 objecting to the determination of the commissioner.
699 (d) An appeal from any final judgment of the court with respect to a claim may be
700 taken as provided by law by the claimant, the commissioner, or any person having standing to
701 object to the allowance or disallowance of the claim.
702 (10) If a claim against the institution has been asserted in any judicial, administrative,
703 or other proceeding pending at the time the commissioner took possession of the institution
704 under this chapter or under Chapter 19, Acquisition of Failing Depository Institutions or
705 Holding Companies, the claimant shall file copies of all documents of record in the pending
706 proceeding with the commissioner within the time for filing claims as provided in Subsection
707 (2). Such a claim shall be allowed or disallowed within 90 days of the receipt of the complete
708 record of the proceedings. No application to lift the stay of a pending proceeding shall be filed
709 until the claim has been allowed or disallowed. The commissioner may petition the court

710 designated by Section 7-2-2 to lift the stay to determine whether the claim should be allowed or
711 disallowed.
712 (11) All claims allowed by the commissioner and not disallowed or otherwise modified
713 by the court under Subsection (9), if not paid within 30 days after allowance, shall be
714 evidenced by a certificate payable only out of the assets of the institution in the possession of
715 the commissioner, subject to the priorities set forth in Section 7-2-15 . This provision does not
716 apply to a secured claim allowed by the commissioner under Subsection (3)(a).
717 Section 9. Section 7-7-10 is amended to read:
718 7-7-10. Meetings of mutual association members -- Voting -- Notice.
719 (1) (a) An annual meeting of the members of each mutual association shall be held at
720 the time and place fixed in the bylaws of the association.
721 (b) Special meetings may be called as provided in the bylaws.
722 (2) (a) The members entitled to vote at any meeting of the members shall be those who
723 are members of record at the end of the calendar month next preceding the date of the meeting
724 of members, except those who have ceased to be members.
725 (b) The number of votes that a member is entitled to cast shall be determined in
726 accordance with the books on the date determinative of entitlement to vote.
727 (3) In the determination of all questions requiring action by the members, each member
728 shall be entitled to cast:
729 (a) one vote; and
730 (b) any additional vote that the member may cast under the bylaws of the association.
731 (4) (a) (i) Subject to Subsection (4)(a)(ii), at any meeting of the members, voting may
732 be:
733 (A) in person; or
734 (B) by proxy.
735 (ii) Notwithstanding Subsection (4)(a)(i), a proxy is not eligible to be voted at any
736 meeting unless the proxy has been filed with the secretary of the association, for verification, at
737 least five days before the date of the meeting.
738 (b) Every proxy shall:
739 (i) be in writing;
740 (ii) be signed by the member or the member's duly authorized attorney in fact; and

741 (iii) continue in force from year to year:
742 (A) when filed with the secretary;
743 (B) if so specified in the proxy; and
744 (C) until:
745 (I) revoked by a writing duly delivered to the secretary; or
746 (II) superseded by subsequent proxies.
747 (5) (a) At an annual meeting or at any special meeting of the members, any number of
748 members present in person or by proxy eligible to be voted constitutes a quorum.
749 (b) A majority of all votes cast at any meeting of members shall determine any
750 question unless this chapter specifically provides otherwise.
751 (6) (a) No notice of annual meetings of members need be given to members.
752 (b) Subject to Subsection (6)(c), notice of each special meeting of members shall:
753 (i) state:
754 (A) the purpose for which the meeting is called;
755 (B) the place of the meeting; and
756 (C) the time when the meeting shall convene; and
757 (ii) (A) be published:
758 (I) until January 1, 2011, once a week for two consecutive calendar weeks (in each
759 instance, on any day of the week) before the date on which the special meeting shall convene[;
760 and (II)], in a newspaper of general circulation in the county in which the home office of the
761 association is located; and
762 (II) beginning on January 1, 2011, on the Utah Public Notice Website as described in
763 Section 63F-1-701 for two consecutive calendar weeks before the date on which the special
764 meeting shall convene; and
765 (B) be posted in a conspicuous place in all offices of the association during the 30 days
766 immediately preceding the date on which the special meeting convenes.
767 (c) No notice need be given of a meeting if all the members entitled to vote, vote in
768 favor of an action at the meeting of the members.
769 Section 10. Section 8-5-6 is amended to read:
770 8-5-6. Alternative council or board procedures for notice -- Termination of
771 rights.

772 (1) As an alternative to the procedures set forth in Sections 8-5-1 through 8-5-4 , a
773 municipal council or cemetery maintenance district board may pass a resolution demanding
774 that the owner of a lot, site, or portion of the cemetery, which has been unused for burial
775 purposes for more than 60 years, file with the county recorder, city recorder, or town clerk
776 notice of any claim to the lot, site, or portion of the cemetery.
777 (2) The municipal council or cemetery maintenance district board shall then cause a
778 copy of the resolution to be personally served on the owner in the same manner as personal
779 service of process in a civil action. The resolution shall notify the owner that the owner shall,
780 within 60 days after service of the resolution on the owner, express interest in maintaining the
781 cemetery lot, site, or portion of the cemetery and submit satisfactory evidence of an intention to
782 use the lot, site, or portion of the cemetery for a burial.
783 (3) If the owner cannot be personally served with the resolution of the municipal
784 council or cemetery maintenance district board as required in Subsection (2), the municipal
785 council or cemetery maintenance district board shall:
786 (a) (i) until January 1, 2011, publish its resolution for three successive weeks in a
787 newspaper of general circulation within the county; and
788 (ii) beginning on January 1, 2011, publish its resolution on the Utah Public Notice
789 Website as described in Section 63F-1-701 for three successive weeks; and
790 (b) mail a copy of the resolution within 14 days after the publication to the owner's last
791 known address, if available.
792 (4) If, for 30 days after the last date of service or publication of the municipal council's
793 or cemetery maintenance district board's resolution, the owner or person with a legal interest in
794 the cemetery lot fails to state a valid interest in the use of the cemetery lot, site, or portion of
795 the cemetery for burial purposes, the owner's rights are terminated and that portion of the
796 cemetery shall be vested in the municipality or cemetery maintenance district.
797 Section 11. Section 9-3-409 is amended to read:
798 9-3-409. Actions on validity or enforceability of bonds -- Time for bringing
799 action.
800 (1) In any suit, action, or proceeding involving the validity or enforceability of any
801 bond issued under this chapter or the security for them, any such bond reciting in substance that
802 it has been issued by the authority in connection with the Utah Science Center shall be

803 conclusively [deemed] considered to have been issued for that purpose.
804 (2) (a) A person may contest:
805 (i) (A) the legality of a resolution;
806 (B) notice of bonds to be issued; or
807 (C) a provision made for the security and payment of the bonds; and
808 [(2) For] (ii) for a period of 30 days after the publication of the resolution authorizing
809 the bonds, or a notice of bonds to be issued by the authority containing those items described in
810 Section 11-14-316 :
811 (A) until January 1, 2011, in a newspaper having general circulation in the area of
812 operation[, any person may contest the legality of the resolution authorizing any bonds, notice
813 of bonds to be issued, or any provisions made for the security and payment of the bonds.]; and
814 (B) beginning on January 1, 2011, on the Utah Public Notice Website as described in
815 Section 63F-1-701 .
816 (b) After the 30-day period no one has any cause of action to contest the regularity,
817 formality, or legality of the notice of bonds to be issued or the bonds for any cause whatsoever.
818 Section 12. Section 9-8-805 is amended to read:
819 9-8-805. Collecting institutions -- Perfecting title -- Notice.
820 (1) (a) Any collecting institution wishing to perfect title in any reposited materials held
821 by it shall send, by registered mail, a notice containing the information required by this section
822 to the last-known address of the last-known owner of the property.
823 (b) The collecting institution shall publish a notice containing the information required
824 by this section [at least once per week for two consecutive weeks in a newspaper of general
825 circulation in the county where the collecting institution is located if]:
826 (i) if:
827 [(i)] (A) the owner or the address of the owner of the reposited materials is unknown;
828 [(ii)] (B) the mailed notice is returned to the collecting institution without a forwarding
829 address; or
830 [(iii)] (C) the owner does not claim the reposited materials within 90 days after the
831 notice was mailed[.]; and
832 (ii) (A) until January 1, 2011, at least once per week for two consecutive weeks in a
833 newspaper of general circulation in the county where the collection institution is located; and

834 (B) beginning on January 1, 2011, on the Utah Public Notice Website as described in
835 Section 63F-1-701 for two consecutive weeks.
836 (2) The notices required by this section shall include:
837 (a) the name, if known, and the last-known address, if any, of the last-known owner of
838 the reposited materials;
839 (b) a description of the reposited materials;
840 (c) the name of the collecting institution that has possession of the reposited materials
841 and a person within that institution whom the owner may contact; and
842 (d) a statement that if the reposited materials are not claimed within 90 days from the
843 date that the notice is published [in the newspaper for the second time] in accordance with
844 Subsection (1)(b), the reposited materials are considered to be abandoned and become the
845 property of the collecting institution.
846 (3) If no one has claimed the reposited materials within 90 days after the date that the
847 notice is published [in the newspaper for the second time,] in accordance with Subsection
848 (1)(b), the reposited materials are considered to be abandoned and are the property of the
849 collecting institution.
850 Section 13. Section 10-2-108 is amended to read:
851 10-2-108. Public hearings on feasibility study results -- Notice of hearings.
852 (1) If the results of the feasibility study or supplemental feasibility study meet the
853 requirements of Subsection 10-2-109 (3), the county legislative body shall, at its next regular
854 meeting after receipt of the results of the feasibility study or supplemental feasibility study,
855 schedule at least two public hearings to be held:
856 (a) within the following 60 days;
857 (b) at least seven days apart;
858 (c) in geographically diverse locations within the proposed city; and
859 (d) for the purpose of allowing:
860 (i) the feasibility consultant to present the results of the study; and
861 (ii) the public to become informed about the feasibility study results and to ask
862 questions about those results of the feasibility consultant.
863 (2) (a) (i) The county clerk shall publish notice of the public hearings required under
864 Subsection (1):

865 (A) until January 1, 2011, at least once a week for three successive weeks in a
866 newspaper of general circulation within the proposed city[.]; and
867 (B) beginning on January 1, 2011, on the Utah Public Notice Website as described in
868 Section 63F-1-701 for three successive weeks.
869 (ii) The last publication of notice required under Subsection (2)(a)(i) shall be at least
870 three days before the first public hearing required under Subsection (1).
871 (b) (i) If, under Subsection (2)(A)(i)(A), there is no newspaper of general circulation
872 within the proposed city, the county clerk shall post at least one notice of the hearings per
873 1,000 population in conspicuous places within the proposed city that are most likely to give
874 notice of the hearings to the residents of the proposed city.
875 (ii) The clerk shall post the notices under Subsection (2)(b)(i) at least seven days before
876 the first hearing under Subsection (1).
877 (c) The notice under Subsections (2)(a) and (b) shall include the feasibility study
878 summary under Subsection 10-2-106 (3)(b) and shall indicate that a full copy of the study is
879 available for inspection and copying at the office of the county clerk.
880 Section 14. Section 10-2-111 is amended to read:
881 10-2-111. Incorporation election.
882 (1) At the next special election date under Section 20A-1-204 more than 45 days after
883 the county legislative body's receipt of the certified petition or certified modified petition under
884 Subsection 10-2-110 (1)(b)(i), the county legislative body shall hold an election on the proposed
885 incorporation.
886 (2) (a) The county clerk shall publish notice of the election:
887 (i) until January 1, 2011, in a newspaper of general circulation within the area proposed
888 to be incorporated at least once a week for three successive weeks[.]; and
889 (ii) beginning on January 1, 2011, on the Utah Public Notice Website as described in
890 Section 63F-1-701 for three successive weeks.
891 (b) The notice required by Subsection (2)(a) shall contain:
892 (i) a statement of the contents of the petition;
893 (ii) a description of the area proposed to be incorporated as a city;
894 (iii) a statement of the date and time of the election and the location of polling places;
895 and

896 (iv) the feasibility study summary under Subsection 10-2-106 (3)(b) and a statement
897 that a full copy of the study is available for inspection and copying at the office of the county
898 clerk.
899 (c) The last publication of notice required under Subsection (2)(a) shall occur at least
900 one day but no more than seven days before the election.
901 (d) (i) [If ] In accordance with Subsection (2)(a)(i), if there is no newspaper of general
902 circulation within the proposed city, the county clerk shall post at least one notice of the
903 election per 1,000 population in conspicuous places within the proposed city that are most
904 likely to give notice of the election to the voters of the proposed city.
905 (ii) The clerk shall post the notices under Subsection (2)(d)(i) at least seven days before
906 the election under Subsection (1).
907 Section 15. Section 10-2-114 is amended to read:
908 10-2-114. Determination of number of council members -- Determination of
909 election districts -- Hearings and notice.
910 (1) If the incorporation proposal passes, the petition sponsors shall, within 25 days of
911 the canvass of the election under Section 10-2-111 :
912 (a) if the voters at the incorporation election choose the council-mayor form of
913 government, determine the number of council members that will constitute the council of the
914 future city;
915 (b) if the voters at the incorporation election vote to elect council members by district,
916 determine the number of council members to be elected by district and draw the boundaries of
917 those districts, which shall be substantially equal in population;
918 (c) determine the initial terms of the mayor and members of the city council so that:
919 (i) the mayor and approximately half the members of the city council are elected to
920 serve an initial term, of no less than one year, that allows their successors to serve a full
921 four-year term that coincides with the schedule established in Subsection 10-3-205 (1); and
922 (ii) the remaining members of the city council are elected to serve an initial term, of no
923 less than one year, that allows their successors to serve a full four-year term that coincides with
924 the schedule established in Subsection 10-3-205 (2); and
925 (d) submit in writing to the county legislative body the results of the sponsors'
926 determinations under Subsections (1)(a), (b), and (c).

927 (2) (a) Before making a determination under Subsection (1)(a), (b), or (c), the petition
928 sponsors shall hold a public hearing within the future city on the applicable issues under
929 Subsections (1)(a), (b), and (c).
930 (b) (i) The petition sponsors shall publish notice of the public hearing under Subsection
931 (2)(a):
932 (A) until January 1, 2011, in a newspaper of general circulation within the future city at
933 least once a week for two successive weeks before the hearing[.]; and
934 (B) beginning on January 1, 2011, on the Utah Public Notice Website as described in
935 Section 63F-1-701 for two successive weeks before the hearing.
936 (ii) The last publication of notice under Subsection (2)(b)(i) shall be at least three days
937 before the public hearing under Subsection (2)(a).
938 (c) (i) [If] In accordance with Subsection (2)(b)(i)(A), if there is no newspaper of
939 general circulation within the future city, the petition sponsors shall post at least one notice of
940 the hearing per 1,000 population in conspicuous places within the future city that are most
941 likely to give notice of the hearing to the residents of the future city.
942 (ii) The petition sponsors shall post the notices under Subsection (2)(c)(i) at least seven
943 days before the hearing under Subsection (2)(a).
944 Section 16. Section 10-2-115 is amended to read:
945 10-2-115. Notice of number of commission or council members to be elected and
946 of district boundaries -- Declaration of candidacy for city office.
947 (1) (a) Within 20 days of the county legislative body's receipt of the information under
948 Subsection 10-2-114 (1)(d), the county clerk shall publish [in a newspaper of general circulation
949 within the future city a], in accordance with Subsection (1)(b), notice containing:
950 (i) the number of commission or council members to be elected for the new city;
951 (ii) if some or all of the commission or council members are to be elected by district, a
952 description of the boundaries of those districts as designated by the petition sponsors under
953 Subsection 10-2-114 (1)(b);
954 (iii) information about the deadline for filing a declaration of candidacy for those
955 seeking to become candidates for mayor or city commission or council; and
956 (iv) information about the length of the initial term of each of the city officers, as
957 determined by the petition sponsors under Subsection 10-2-114 (1)(c).

958 (b) The notice under Subsection (1)(a) shall be published:
959 (i) until January 1, 2011, in a newspaper of general circulation within the future city at
960 least once a week for two successive weeks[.]; and
961 (ii) beginning on January 1, 2011, on the Utah Public Notice Website as described in
962 Section 63F-1-701 for two successive weeks.
963 (c) (i) [If] In accordance with Subsection (1)(c)(i), if there is no newspaper of general
964 circulation within the future city, the county clerk shall post at least one notice per 1,000
965 population in conspicuous places within the future city that are most likely to give notice to the
966 residents of the future city.
967 (ii) The notice under Subsection (1)(c)(i) shall contain the information required under
968 Subsection (1)(a).
969 (iii) The petition sponsors shall post the notices under Subsection (1)(c)(i) at least
970 seven days before the deadline for filing a declaration of candidacy under Subsection (2).
971 (2) Notwithstanding Subsection 20A-9-203 (2)(a), each person seeking to become a
972 candidate for mayor or city commission or council of a city incorporating under this part shall,
973 within 45 days of the incorporation election under Section 10-2-111 , file a declaration of
974 candidacy with the clerk of the county in which the future city is located.
975 Section 17. Section 10-2-116 is amended to read:
976 10-2-116. Election of officers of new city.
977 (1) For the election of city officers, the county legislative body shall:
978 (a) unless a primary election is prohibited by Subsection 20A-9-404 (2), hold a primary
979 election; and
980 (b) hold a final election.
981 (2) Each election under Subsection (1) shall be:
982 (a) appropriate to the form of government chosen by the voters at the incorporation
983 election;
984 (b) consistent with the voters' decision about whether to elect commission or council
985 members by district and, if applicable, consistent with the boundaries of those districts as
986 determined by the petition sponsors; and
987 (c) consistent with the sponsors' determination of the number of commission or council
988 members to be elected and the length of their initial term.

989 (3) (a) Subject to Subsection (3)(b) and except as provided in Subsection (5), the
990 primary election under Subsection (1)(a) shall be held at the earliest of the next:
991 (i) regular general election under Section 20A-1-201 ;
992 (ii) municipal primary election under Section 20A-9-404 ;
993 (iii) municipal general election under Section 20A-1-202 ; or
994 (iv) special election under Section 20A-1-204 .
995 (b) Notwithstanding Subsection (3)(a), the primary election under Subsection (1)(a)
996 may not be held until 75 days after the incorporation election under Section 10-2-111 .
997 (4) Except as provided in Subsection (5), the final election under Subsection (1)(b)
998 shall be held at the next special election date under Section 20A-1-204 :
999 (a) after the primary election; or
1000 (b) if there is no primary election, more than 75 days after the incorporation election
1001 under Section 10-2-111 .
1002 (5) Notwithstanding Subsections (3) and (4), the county legislative body may hold the
1003 primary and final elections required under Subsection (1) on the dates provided for the next
1004 municipal primary election under Section 20A-9-404 and the next municipal general election
1005 under Section 20A-1-202 , respectively, after the incorporation election, if:
1006 (a) with the results under Subsection 10-2-114 (1)(d), the petition sponsors submit to
1007 the county legislative body a written request to that effect; and
1008 (b) the incorporation election under Section 10-2-111 took place in February or May of
1009 an odd-numbered year.
1010 (6) (a) (i) The county clerk shall publish notice of an election under this section:
1011 (A) until January 1, 2011, at least once a week for two successive weeks in a
1012 newspaper of general circulation within the future city[.]; and
1013 (B) beginning on January 1, 2011, on the Utah Public Notice Website as described in
1014 Section 63F-1-701 for two successive weeks.
1015 (ii) The later notice under Subsection (6)(a)(i) shall be at least one day but no more
1016 than seven days before the election.
1017 (b) (i) [If ] In accordance with Subsection (6)(a)(i)(A), if there is no newspaper of
1018 general circulation within the future city, the county clerk shall post at least one notice of the
1019 election per 1,000 population in conspicuous places within the future city that are most likely

1020 to give notice of the election to the voters.
1021 (ii) The county clerk shall post the notices under Subsection (6)(b)(i) at least seven
1022 days before each election under Subsection (1).
1023 (7) Until the city is incorporated, the county clerk is the election officer for all purposes
1024 in an election of officers of the city approved at an incorporation election.
1025 Section 18. Section 10-2-125 is amended to read:
1026 10-2-125. Incorporation of a town.
1027 (1) As used in this section:
1028 (a) "Assessed value," with respect to agricultural land, means the value at which the
1029 land would be assessed without regard to a valuation for agricultural use under Section
1030 59-2-503 .
1031 (b) "Financial feasibility study" means a study to determine:
1032 (i) the projected revenues for the proposed town during the first three years after
1033 incorporation; and
1034 (ii) the projected costs, including overhead, that the proposed town will incur in
1035 providing governmental services during the first three years after incorporation.
1036 (c) "Municipal service" means a publicly provided service that is not provided on a
1037 countywide basis.
1038 (d) "Nonurban" means having a residential density of less than one unit per acre.
1039 (2) (a) (i) A contiguous area of a county not within a municipality, with a population of
1040 at least 100 but less than 1,000, may incorporate as a town as provided in this section.
1041 (ii) An area within a county of the first class is not contiguous for purposes of
1042 Subsection (2)(a)(i) if:
1043 (A) the area includes a strip of land that connects geographically separate areas; and
1044 (B) the distance between the geographically separate areas is greater than the average
1045 width of the strip of land connecting the geographically separate areas.
1046 (b) The population figure under Subsection (2)(a) shall be determined:
1047 (i) as of the date the incorporation petition is filed; and
1048 (ii) by the Utah Population Estimates Committee within 20 days after the county clerk's
1049 certification under Subsection (6) of a petition filed under Subsection (4).
1050 (3) (a) The process to incorporate an area as a town is initiated by filing a request for a

1051 public hearing with the clerk of the county in which the area is located.
1052 (b) Each request for a public hearing under Subsection (3)(a) shall:
1053 (i) be signed by the owners of at least five separate parcels of private real property,
1054 each owned by a different owner, located within the area proposed to be incorporated; and
1055 (ii) be accompanied by an accurate map or plat depicting the boundary of the proposed
1056 town.
1057 (c) Within ten days after a request for a public hearing is filed under Subsection (3)(a),
1058 the county clerk shall, with the assistance of other county officers from whom the clerk
1059 requests assistance, determine whether the petition complies with the requirements of
1060 Subsection (3)(b).
1061 (d) If the clerk determines that a request under Subsection (3)(a) fails to comply with
1062 the requirements of Subsection (3)(b), the clerk shall reject the request and deliver written
1063 notice of the rejection to the signers of the request.
1064 (e) (i) If the clerk determines that a request under Subsection (3)(a) complies with the
1065 requirements of Subsection (3)(b), the clerk shall:
1066 (A) schedule and arrange for a public hearing to be held:
1067 (I) (Aa) at a public facility located within the boundary of the proposed town; or
1068 (Bb) if there is no public facility within the boundary of the proposed town, at another
1069 nearby public facility or at the county seat; and
1070 (II) within 20 days after the clerk provides the last notice required under Subsection
1071 (3)(e)(i)(B); and
1072 (B) subject to Subsection (3)(e)(ii), give notice of the public hearing on the proposed
1073 incorporation by:
1074 (I) posting notice of the public hearing on the county's Internet website, if the county
1075 has an Internet website; and
1076 (II) (Aa) (Ii) until January 1, 2011, publishing notice of the public hearing at least once
1077 a week for two consecutive weeks in a newspaper of general circulation within the proposed
1078 town; [or] and
1079 (IIii) beginning on January 1, 2011, publishing notice of the public hearing on the Utah
1080 Public Notice Website as described in Section 63F-1-701 for two consecutive weeks; or
1081 (Bb) in accordance with Subsection (3)(e)(i)(B)(II)(Aa)(Ii), if there is no newspaper of

1082 general circulation within the proposed town, posting notice of the public hearing in at least
1083 five conspicuous public places within the proposed town.
1084 (ii) The posting of notice required under Subsection (3)(e)(i)(B)(I) and, if applicable,
1085 Subsection (3)(e)(i)(B)(II)(Bb) and the first publishing of notice required under Subsection
1086 (3)(e)(i)(B)(II)(Aa), if applicable, shall occur no later than ten days after the clerk determines
1087 that a request complies with the requirements of Subsection (3)(b).
1088 (iii) Each public hearing under Subsection (3)(e)(i)(A) shall be conducted by the chair
1089 of the county commission or council, or the chair's designee, to:
1090 (A) introduce the concept of the proposed incorporation to the public;
1091 (B) allow the public to review the map or plat of the boundary of the proposed town;
1092 (C) allow the public to ask questions and become informed about the proposed
1093 incorporation; and
1094 (D) allow the public to express their views about the proposed incorporation, including
1095 their views about the boundary of the area proposed to be incorporated.
1096 (4) (a) At any time within three months after the public hearing under Subsection
1097 (3)(e), a petition to incorporate the area as a town may be filed with the clerk of the county in
1098 which the area is located.
1099 (b) Each petition under Subsection (4)(a) shall:
1100 (i) be signed by:
1101 (A) the owners of private real property that:
1102 (I) is located within the area proposed to be incorporated;
1103 (II) covers a majority of the total private land area within the area;
1104 (III) is equal in assessed value to more than 1/2 of the assessed value of all private real
1105 property within the area; and
1106 (IV) consists, in number of parcels, of at least 1/3 of the number of all parcels of
1107 private real property within the area proposed to be incorporated; and
1108 (B) a majority of all registered voters within the area proposed to be incorporated as a
1109 town, according to the official voter registration list maintained by the county on the date the
1110 petition is filed;
1111 (ii) designate as sponsors at least five of the property owners who have signed the
1112 petition, one of whom shall be designated as the contact sponsor, with the mailing address of

1113 each owner signing as a sponsor;
1114 (iii) be accompanied by and circulated with an accurate map or plat, prepared by a
1115 licensed surveyor, showing a legal description of the boundary of the proposed town; and
1116 (iv) substantially comply with and be circulated in the following form:
1117 PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
1118 town)
1119 To the Honorable County Legislative Body of (insert the name of the county in which
1120 the proposed town is located) County, Utah:
1121 We, the undersigned owners of real property and registered voters within the area
1122 described in this petition, respectfully petition the county legislative body for the area described
1123 in this petition to be incorporated as a town. Each of the undersigned affirms that each has
1124 personally signed this petition and is an owner of real property or a registered voter residing
1125 within the described area, and that the current residence address of each is correctly written
1126 after the signer's name. The area proposed to be incorporated as a town is described as follows:
1127 (insert an accurate description of the area proposed to be incorporated).
1128 (c) A petition under this Subsection (4) may not describe an area that includes some or
1129 all of an area proposed for annexation in an annexation petition under Section 10-2-403 that:
1130 (i) was filed before the filing of the petition; and
1131 (ii) is still pending on the date the petition is filed.
1132 (d) A petition may not be filed under this section if the private real property owned by
1133 the petition sponsors, designated under Subsection (4)(b)(ii), cumulatively exceeds 40% of the
1134 total private land area within the area proposed to be incorporated as a town.
1135 (e) A signer of a petition under this Subsection (4) may withdraw or, after withdrawn,
1136 reinstate the signer's signature on the petition:
1137 (i) at any time until the county clerk certifies the petition under Subsection (6); and
1138 (ii) by filing a signed, written withdrawal or reinstatement with the county clerk.
1139 (5) (a) If a petition is filed under Subsection (4)(a) proposing to incorporate as a town
1140 an area located within a county of the first class, the county clerk shall deliver written notice of
1141 the proposed incorporation:
1142 (i) to each owner of private real property owning more than 1% of the assessed value
1143 of all private real property within the area proposed to be incorporated as a town; and

1144 (ii) within seven calendar days after the date on which the petition is filed.
1145 (b) A private real property owner described in Subsection (5)(a)(i) may exclude all or
1146 part of the owner's property from the area proposed to be incorporated as a town by filing a
1147 notice of exclusion:
1148 (i) with the county clerk; and
1149 (ii) within ten calendar days after receiving the clerk's notice under Subsection (5)(a).
1150 (c) The county legislative body shall exclude from the area proposed to be incorporated
1151 as a town the property identified in the notice of exclusion under Subsection (5)(b) if:
1152 (i) the property:
1153 (A) is nonurban; and
1154 (B) does not and will not require a municipal service; and
1155 (ii) exclusion will not leave an unincorporated island within the proposed town.
1156 (d) If the county legislative body excludes property from the area proposed to be
1157 incorporated as a town, the county legislative body shall send written notice of the exclusion to
1158 the contact sponsor within five days after the exclusion.
1159 (6) Within 20 days after the filing of a petition under Subsection (4), the county clerk
1160 shall:
1161 (a) with the assistance of other county officers from whom the clerk requests
1162 assistance, determine whether the petition complies with the requirements of Subsection (4);
1163 and
1164 (b) (i) if the clerk determines that the petition complies with those requirements:
1165 (A) certify the petition and deliver the certified petition to the county legislative body;
1166 and
1167 (B) mail or deliver written notification of the certification to:
1168 (I) the contact sponsor;
1169 (II) if applicable, the chair of the planning commission of each township in which any
1170 part of the area proposed for incorporation is located; and
1171 (III) the Utah Population Estimates Committee; or
1172 (ii) if the clerk determines that the petition fails to comply with any of those
1173 requirements, reject the petition and notify the contact sponsor in writing of the rejection and
1174 the reasons for the rejection.

1175 (7) (a) (i) A petition that is rejected under Subsection (6)(b)(ii) may be amended to
1176 correct a deficiency for which it was rejected and then refiled with the county clerk.
1177 (ii) A valid signature on a petition filed under Subsection (4)(a) may be used toward
1178 fulfilling the signature requirement of Subsection (4)(b) for the same petition that is amended
1179 under Subsection (7)(a)(i) and then refiled with the county clerk.
1180 (b) If a petition is amended and refiled under Subsection (7)(a)(i) after having been
1181 rejected by the county clerk under Subsection (6)(b)(ii):
1182 (i) the amended petition shall be considered as a newly filed petition; and
1183 (ii) the amended petition's processing priority is determined by the date on which it is
1184 refiled.
1185 (8) (a) (i) The legislative body of a county with which a petition is filed under
1186 Subsection (4) may, at its option and upon the petition being certified under Subsection (6),
1187 commission and pay for a financial feasibility study.
1188 (ii) If the county legislative body chooses to commission a financial feasibility study,
1189 the county legislative body shall:
1190 (A) within 20 days after the incorporation petition is certified, select and engage a
1191 feasibility consultant; and
1192 (B) require the feasibility consultant to complete the financial feasibility study and
1193 submit written results of the study to the county legislative body no later than 30 days after the
1194 feasibility consultant is engaged to conduct the financial feasibility study.
1195 (b) The county legislative body shall approve a petition proposing the incorporation of
1196 a town and hold an election for town officers, as provided in Subsection (9), if:
1197 (i) the county clerk has certified the petition under Subsection (6); and
1198 (ii) (A) (I) the county legislative body has commissioned a financial feasibility study
1199 under Subsection (8)(a); and
1200 (II) the results of the financial feasibility study show that the average annual amount of
1201 revenues described in Subsection (1)(b)(i) does not exceed the average annual amount of costs
1202 described in Subsection (1)(b)(ii) by more than 10%; or
1203 (B) the county legislative body chooses not to commission a financial feasibility study.
1204 (c) (i) If the county legislative body commissions a financial feasibility study under
1205 Subsection (8)(a) and the results of the financial feasibility study show that the average annual

1206 amount of revenues described in Subsection (1)(b)(i) exceeds the average annual amount of
1207 costs described in Subsection (1)(b)(ii) by more than 10%, the county legislative body may:
1208 (A) deny the petition, subject to Subsection (8)(c)(ii), if the results of the financial
1209 feasibility study show that the average annual amount of revenues described in Subsection
1210 (1)(b)(i) exceeds the average annual amount of costs described in Subsection (1)(b)(ii) by 25%
1211 or more;
1212 (B) approve the petition and hold an election for town officers, as provided in
1213 Subsection (9); or
1214 (C) (I) with the consent of the petition sponsors:
1215 (Aa) impose conditions to mitigate the fiscal inequities identified in the financial
1216 feasibility study; or
1217 (Bb) alter the boundaries of the area proposed to be incorporated as a town to
1218 approximate the boundaries necessary to prevent the average annual amount of revenues
1219 described in Subsection (1)(b)(i) from exceeding the average annual amount of costs described
1220 in Subsection (1)(b)(ii); and
1221 (II) approve the incorporation petition and hold an election for town officers, as
1222 provided in Subsection (9).
1223 (ii) A county legislative body intending to deny a petition under Subsection (8)(c)(i)(A)
1224 shall deny the petition within 20 days after the feasibility consultant submits the written results
1225 of the financial feasibility study.
1226 (d) Each town that incorporates pursuant to a petition approved after the county
1227 legislative body imposes conditions under Subsection (8)(c)(i)(C)(I) shall comply with those
1228 conditions.
1229 (9) (a) The legislative body of the county in which the proposed new town is located
1230 shall hold the election for town officers provided for in Subsection (8) within:
1231 (i) 45 days after the petition is certified, for an election under Subsection (8)(b)(ii)(B);
1232 (ii) 45 days after the feasibility consultant submits the written results of the financial
1233 feasibility study, for an election under Subsection (8)(b)(ii)(A) or (8)(c)(i)(B); or
1234 (iii) 60 days after the feasibility consultant submits the written results of the financial
1235 feasibility study, for an election under Subsection (8)(c)(i)(C).
1236 (b) The officers elected at an election under Subsection (9)(a) shall take office:

1237 (i) at noon on the first Monday in January next following the election, if the election is
1238 held on a regular general or municipal general election date; or
1239 (ii) at noon on the first day of the month next following the effective date of the
1240 incorporation under Subsection (12), if the election of officers is held on any other date.
1241 (10) Each newly incorporated town shall operate under the five-member council form
1242 of government as defined in Section 10-3b-102 .
1243 (11) (a) Within seven days after the canvass of the election of town officers under
1244 Subsection (9), the mayor-elect of the new town shall file at least three copies of the articles of
1245 incorporation of the new town with the lieutenant governor.
1246 (b) The articles of incorporation shall meet the requirements of Subsection
1247 10-2-119 (2).
1248 (12) A new town is incorporated:
1249 (a) on December 31 of the year in which the lieutenant governor issues a certificate of
1250 entity creation for the town under Section 67-1a-6.5 , if the election of town officers under
1251 Subsection (9) is held on a regular general or municipal general election date; or
1252 (b) on the last day of the month during which the lieutenant governor issues a
1253 certificate of entity creation for the town under Section 67-1a-6.5 , if the election of town
1254 officers under Subsection (9) is held on any other date.
1255 (13) For each petition filed before March 5, 2008:
1256 (a) the petition is subject to and governed by the law in effect at the time the petition
1257 was filed; and
1258 (b) the law in effect at the time the petition was filed governs in all administrative and
1259 judicial proceedings relating to the petition.
1260 Section 19. Section 10-2-406 is amended to read:
1261 10-2-406. Notice of certification -- Publishing and providing notice of petition.
1262 (1) After receipt of the notice of certification from the city recorder or town clerk under
1263 Subsection 10-2-405 (2)(c)(i), the municipal legislative body shall:
1264 (a) (i) publish a notice:
1265 (A) until January 1, 2011, at least once a week for three successive weeks, beginning
1266 no later than ten days after receipt of the notice of certification, in a newspaper of general
1267 circulation within:

1268 [(A)] (I) the area proposed for annexation; and
1269 [(B)] (II) the unincorporated area within 1/2 mile of the area proposed for annexation;
1270 [or] and
1271 (B) beginning on January 1, 2011, on the Utah Public Notice Website as described in
1272 Section 63F-1-701 for three successive weeks, beginning no later than ten days after receipt of
1273 the notice of certification; and
1274 (ii) in accordance with Subsection (1)(a)(i)(A), if there is no newspaper of general
1275 circulation within those areas, post written notices in conspicuous places within those areas
1276 that are most likely to give notice to residents within those areas; and
1277 (b) within 20 days of receipt of the notice of certification under Subsection
1278 10-2-405 (2)(c)(i), mail written notice to each affected entity.
1279 (2) (a) The notice under Subsections (1)(a) and (b) shall:
1280 (i) state that a petition has been filed with the municipality proposing the annexation of
1281 an area to the municipality;
1282 (ii) state the date of the municipal legislative body's receipt of the notice of certification
1283 under Subsection 10-2-405 (2)(c)(i);
1284 (iii) describe the area proposed for annexation in the annexation petition;
1285 (iv) state that the complete annexation petition is available for inspection and copying
1286 at the office of the city recorder or town clerk;
1287 (v) state in conspicuous and plain terms that the municipality may grant the petition
1288 and annex the area described in the petition unless, within the time required under Subsection
1289 10-2-407 (2)(a)(i)(A), a written protest to the annexation petition is filed with the commission
1290 and a copy of the protest delivered to the city recorder or town clerk of the proposed annexing
1291 municipality;
1292 (vi) state the address of the commission or, if a commission has not yet been created in
1293 the county, the county clerk, where a protest to the annexation petition may be filed;
1294 (vii) state that the area proposed for annexation to the municipality will also
1295 automatically be annexed to a local district providing fire protection, paramedic, and
1296 emergency services, as provided in Section 17B-1-416 , if:
1297 (A) the proposed annexing municipality is entirely within the boundaries of a local
1298 district:

1299 (I) that provides fire protection, paramedic, and emergency services; and
1300 (II) in the creation of which an election was not required because of Subsection
1301 17B-1-214 (3)(c); and
1302 (B) the area proposed to be annexed to the municipality is not already within the
1303 boundaries of the local district; and
1304 (viii) state that the area proposed for annexation to the municipality will be
1305 automatically withdrawn from a local district providing fire protection, paramedic, and
1306 emergency services, as provided in Subsection 17B-1-502 (2), if:
1307 (A) the petition proposes the annexation of an area that is within the boundaries of a
1308 local district:
1309 (I) that provides fire protection, paramedic, and emergency services; and
1310 (II) in the creation of which an election was not required because of Subsection
1311 17B-1-214 (3)(c); and
1312 (B) the proposed annexing municipality is not within the boundaries of the local
1313 district.
1314 (b) The statement required by Subsection (2)(a)(v) shall state the deadline for filing a
1315 written protest in terms of the actual date rather than by reference to the statutory citation.
1316 (c) In addition to the requirements under Subsection (2)(a), a notice under Subsection
1317 (1)(a) for a proposed annexation of an area within a county of the first class shall include a
1318 statement that a protest to the annexation petition may be filed with the commission by
1319 property owners if it contains the signatures of the owners of private real property that:
1320 (i) is located in the unincorporated area within 1/2 mile of the area proposed for
1321 annexation;
1322 (ii) covers at least 25% of the private land area located in the unincorporated area
1323 within 1/2 mile of the area proposed for annexation; and
1324 (iii) is equal in value to at least 15% of all real property located in the unincorporated
1325 area within 1/2 mile of the area proposed for annexation.
1326 Section 20. Section 10-2-407 is amended to read:
1327 10-2-407. Protest to annexation petition -- Township planning commission
1328 recommendation -- Petition requirements -- Disposition of petition if no protest filed.
1329 (1) (a) A protest to an annexation petition under Section 10-2-403 may be filed by:

1330 (i) the legislative body or governing board of an affected entity; or
1331 (ii) for a proposed annexation of an area within a county of the first class, the owners
1332 of private real property that:
1333 (A) is located in the unincorporated area within 1/2 mile of the area proposed for
1334 annexation;
1335 (B) covers at least 25% of the private land area located in the unincorporated area
1336 within 1/2 mile of the area proposed for annexation; and
1337 (C) is equal in value to at least 15% of all real property located in the unincorporated
1338 area within 1/2 mile of the area proposed for annexation.
1339 (b) (i) A planning commission of a township located in a county of the first class may
1340 recommend to the legislative body of the county in which the township is located that the
1341 county legislative body file a protest against a proposed annexation under this part of an area
1342 located within the township.
1343 (ii) (A) The township planning commission shall communicate each recommendation
1344 under Subsection (1)(b)(i) in writing to the county legislative body within 30 days of the city
1345 recorder or town clerk's certification of the annexation petition under Subsection 10-2-405 (2)
1346 (c)(i).
1347 (B) At the time the recommendation is communicated to the county legislative body
1348 under Subsection (1)(b)(ii)(A), the township planning commission shall mail or deliver a copy
1349 of the recommendation to the legislative body of the proposed annexing municipality and to the
1350 contact sponsor.
1351 (2) (a) Each protest under Subsection (1)(a) shall:
1352 (i) be filed:
1353 (A) no later than 30 days after the municipal legislative body's receipt of the notice of
1354 certification under Subsection 10-2-405 (2)(c)(i); and
1355 (B) (I) in a county that has already created a commission under Section 10-2-409 , with
1356 the commission; or
1357 (II) in a county that has not yet created a commission under Section 10-2-409 , with the
1358 clerk of the county in which the area proposed for annexation is located; and
1359 (ii) state each reason for the protest of the annexation petition and, if the area proposed
1360 to be annexed is located in a specified county, justification for the protest under the standards

1361 established in this chapter;
1362 (iii) if the area proposed to be annexed is located in a specified county, contain other
1363 information that the commission by rule requires or that the party filing the protest considers
1364 pertinent; and
1365 (iv) the name and address of a contact person who is to receive notices sent by the
1366 commission with respect to the protest proceedings.
1367 (b) The party filing a protest under this section shall on the same date deliver or mail a
1368 copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
1369 (c) Each clerk who receives a protest under Subsection (2)(a)(i)(B)(II) shall
1370 immediately notify the county legislative body of the protest and shall deliver the protest to the
1371 boundary commission within five days of its creation under Subsection 10-2-409 (1)(b).
1372 (d) Each protest of a proposed annexation of an area located in a county of the first
1373 class under Subsection (1)(a)(ii) shall, in addition to the requirements of Subsections (2)(a) and
1374 (b):
1375 (i) indicate the typed or printed name and current residence address of each owner
1376 signing the protest; and
1377 (ii) designate one of the signers of the protest as the contact person and state the
1378 mailing address of the contact person.
1379 (3) (a) (i) If a protest is filed under this section:
1380 (A) the municipal legislative body may, at its next regular meeting after expiration of
1381 the deadline under Subsection (2)(a)(i)(A) and, for a proposed annexation of an area located in
1382 a county of the first class, except as provided in Subsection (3)(a)(iii), deny the annexation
1383 petition; or
1384 (B) if the municipal legislative body does not deny the annexation petition under
1385 Subsection (3)(a)(i)(A), the municipal legislative body may take no further action on the
1386 annexation petition until after receipt of the commission's notice of its decision on the protest
1387 under Section 10-2-416 .
1388 (ii) If a municipal legislative body denies an annexation petition under Subsection
1389 (3)(a)(i)(A), the municipal legislative body shall, within five days of the denial, send notice of
1390 the denial in writing to:
1391 (A) the contact sponsor of the annexation petition;

1392 (B) the commission;
1393 (C) each entity that filed a protest; and
1394 (D) if a protest was filed under Subsection (1)(a)(ii) for a proposed annexation of an
1395 area located in a county of the first class, the contact person.
1396 (iii) A municipal legislative body may not deny an annexation petition proposing to
1397 annex an area located in a county of the first class if:
1398 (A) the petition contains the signatures of the owners of private real property that:
1399 (I) is located within the area proposed for annexation;
1400 (II) covers a majority of the private land area within the area proposed for annexation;
1401 and
1402 (III) is equal in value to at least 1/2 of the value of all private real property within the
1403 area proposed for annexation;
1404 (B) the population in the area proposed for annexation does not exceed 10% of the
1405 population of the proposed annexing municipality;
1406 (C) the property tax rate for municipal services in the area proposed to be annexed is
1407 higher than the property tax rate of the proposed annexing municipality; and
1408 (D) all annexations by the proposed annexing municipality during the year that the
1409 petition was filed have not increased the municipality's population by more than 20%.
1410 (b) (i) If no timely protest is filed under this section, the municipal legislative body
1411 may, subject to Subsection (3)(b)(ii), grant the petition and, by ordinance, annex the area that is
1412 the subject of the annexation petition.
1413 (ii) Before granting an annexation petition under Subsection (3)(b)(i), the municipal
1414 legislative body shall:
1415 (A) hold a public hearing; and
1416 (B) at least seven days before the public hearing under Subsection (3)(b)(ii)(A):
1417 (I) (Aa) until January 1, 2011, publish notice of the hearing in a newspaper of general
1418 circulation within the municipality and the area proposed for annexation; or
1419 [(II)] (Bb) if there is no newspaper of general circulation in those areas, post written
1420 notices of the hearing in conspicuous places within those areas that are most likely to give
1421 notice to residents within those areas[.]; and
1422 (II) beginning on January 1, 2011, publish notice of the hearing on the Utah Public

1423 Notice Website as described in Section 63F-1-701 .
1424 Section 21. Section 10-2-415 is amended to read:
1425 10-2-415. Public hearing -- Notice.
1426 (1) (a) (i) If the results of the feasibility study or supplemental feasibility study meet
1427 the requirements of Subsection 10-2-416 (3) with respect to a proposed annexation of an area
1428 located in a county of the first class, the commission shall hold a public hearing within 30 days
1429 of receipt of the feasibility study or supplemental feasibility study results.
1430 (ii) At the hearing under Subsection (1)(a)(i), the commission shall:
1431 (A) require the feasibility consultant to present the results of the feasibility study and, if
1432 applicable, the supplemental feasibility study;
1433 (B) allow those present to ask questions of the feasibility consultant regarding the study
1434 results; and
1435 (C) allow those present to speak to the issue of annexation.
1436 (iii) (A) The commission shall:
1437 (I) publish notice of each hearing under Subsection (1)(a)(i):
1438 (Aa) until January 1, 2011, at least once a week for two successive weeks in a
1439 newspaper of general circulation within the area proposed for annexation, the surrounding 1/2
1440 mile of unincorporated area, and the proposed annexing municipality; and
1441 (Bb) beginning on January 1, 2011, on the Utah Public Notice Website as described in
1442 Section 63F-1-701 for two successive weeks; and
1443 (II) send written notice of the hearing to the municipal legislative body of the proposed
1444 annexing municipality, the contact sponsor on the annexation petition, each entity that filed a
1445 protest, and, if a protest was filed under Subsection 10-2-407 (1)(a)(ii), the contact person.
1446 (B) [If] In accordance with Subsection (1)(a)(iii)(A)(I)(Aa), if there is no newspaper of
1447 general circulation within the areas described in Subsection (1)(a)(iii)(A)(I)(Aa), the
1448 commission shall give the notice required under that subsection by posting notices, at least
1449 seven days before the hearing, in conspicuous places within those areas that are most likely to
1450 give notice of the hearing to the residents of those areas.
1451 (C) The [notices] notice under Subsections (1)(a)(iii)(A) and (B) shall include the
1452 feasibility study summary under Subsection 10-2-413 (2)(b) and shall indicate that a full copy
1453 of the study is available for inspection and copying at the office of the commission.

1454 (b) (i) Within 30 days after the time under Subsection 10-2-407 (2) for filing a protest
1455 has expired with respect to a proposed annexation of an area located in a specified county, the
1456 boundary commission shall hold a hearing on all protests that were filed with respect to the
1457 proposed annexation.
1458 (ii) (A) At least 14 days before the date of each hearing under Subsection (1)(b)(i), the
1459 commission chair shall cause notice of the hearing to be published in a newspaper of general
1460 circulation within the area proposed for annexation.
1461 (B) Each notice under Subsection (1)(b)(ii)(A) shall:
1462 (I) state the date, time, and place of the hearing;
1463 (II) briefly summarize the nature of the protest; and
1464 (III) state that a copy of the protest is on file at the commission's office.
1465 (iii) The commission may continue a hearing under Subsection (1)(b)(i) from time to
1466 time, but no continued hearing may be held later than 60 days after the original hearing date.
1467 (iv) In considering protests, the commission shall consider whether the proposed
1468 annexation:
1469 (A) complies with the requirements of Sections 10-2-402 and 10-2-403 and the
1470 annexation policy plan of the proposed annexing municipality;
1471 (B) conflicts with the annexation policy plan of another municipality; and
1472 (C) if the proposed annexation includes urban development, will have an adverse tax
1473 consequence on the remaining unincorporated area of the county.
1474 (2) (a) The commission shall record each hearing under this section by electronic
1475 means.
1476 (b) A transcription of the recording under Subsection (2)(a), the feasibility study, if
1477 applicable, information received at the hearing, and the written decision of the commission
1478 shall constitute the record of the hearing.
1479 Section 22. Section 10-2-418 is amended to read:
1480 10-2-418. Annexation of an island or peninsula without a petition -- Notice --
1481 Hearing.
1482 (1) (a) Notwithstanding Subsection 10-2-402 (2), a municipality may annex an
1483 unincorporated area under this section without an annexation petition if:
1484 (i) (A) the area to be annexed consists of one or more unincorporated islands within or

1485 unincorporated peninsulas contiguous to the municipality;
1486 (B) the majority of each island or peninsula consists of residential or commercial
1487 development;
1488 (C) the area proposed for annexation requires the delivery of municipal-type services;
1489 and
1490 (D) the municipality has provided most or all of the municipal-type services to the area
1491 for more than one year; or
1492 (ii) (A) the area to be annexed consists of one or more unincorporated islands within or
1493 unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800
1494 residents; and
1495 (B) the municipality has provided one or more municipal-type services to the area for
1496 at least one year.
1497 (b) Notwithstanding Subsection 10-2-402 (1)(b)(iii), a municipality may annex a
1498 portion of an island or peninsula under this section, leaving unincorporated the remainder of
1499 the unincorporated island or peninsula, if:
1500 (i) in adopting the resolution under Subsection (2)(a)(i), the municipal legislative body
1501 determines that not annexing the entire unincorporated island or peninsula is in the
1502 municipality's best interest; and
1503 (ii) for an annexation of one or more unincorporated islands under Subsection
1504 (1)(a)(ii), the entire island of unincorporated area, of which a portion is being annexed,
1505 complies with the requirement of Subsection (1)(a)(ii)(A) relating to the number of residents.
1506 (2) (a) The legislative body of each municipality intending to annex an area under this
1507 section shall:
1508 (i) adopt a resolution indicating the municipal legislative body's intent to annex the
1509 area, describing the area proposed to be annexed;
1510 (ii) [(A)] publish notice:
1511 (A) (I) until January 1, 2011, at least once a week for three successive weeks in a
1512 newspaper of general circulation within the municipality and the area proposed for annexation;
1513 or
1514 [(B)] (II) if there is no newspaper of general circulation in the areas described in
1515 Subsection (2)(a)(ii)(A), post at least one notice per 1,000 population in places within those

1516 areas that are most likely to give notice to the residents of those areas; and
1517 (B) beginning on January 1, 2011, on the Utah Public Notice Website as described in
1518 Section 63F-1-701 for three successive weeks;
1519 (iii) send written notice to the board of each local district and special service district
1520 whose boundaries contain some or all of the area proposed for annexation and to the legislative
1521 body of the county in which the area proposed for annexation is located; and
1522 (iv) hold a public hearing on the proposed annexation no earlier than 30 days after the
1523 adoption of the resolution under Subsection (2)(a)(i).
1524 (b) Each notice under Subsections (2)(a)(ii) and (iii) shall:
1525 (i) state that the municipal legislative body has adopted a resolution indicating its intent
1526 to annex the area proposed for annexation;
1527 (ii) state the date, time, and place of the public hearing under Subsection (2)(a)(iv);
1528 (iii) describe the area proposed for annexation; and
1529 (iv) except for an annexation that meets the property owner consent requirements of
1530 Subsection (3)(b), state in conspicuous and plain terms that the municipal legislative body will
1531 annex the area unless, at or before the public hearing under Subsection (2)(a)(iv), written
1532 protests to the annexation are filed by the owners of private real property that:
1533 (A) is located within the area proposed for annexation;
1534 (B) covers a majority of the total private land area within the entire area proposed for
1535 annexation; and
1536 (C) is equal in value to at least 1/2 the value of all private real property within the
1537 entire area proposed for annexation.
1538