S.B. 89

1

LEGAL NOTICE AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephen H. Urquhart
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends legal notice requirements.
10 Highlighted Provisions:
11 This bill:
12 . clarifies publication requirements for a notice subject to legal notice publication and
13 the Open and Public Meetings Act;
14 . modifies county and municipal provisions relating to notice on the adoption or
15 modification of land use ordinances;
16 . modifies an advertisement for bids publication requirement applicable to the
17 Department of Transportation; and
18 . makes technical corrections.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 10-9a-205, as last amended by Laws of Utah 2009, Chapter 388
26 11-14-202, as last amended by Laws of Utah 2009, Chapter 388
27 17-27a-205, as last amended by Laws of Utah 2009, Chapter 388

28 17C-1-601, as last amended by Laws of Utah 2009, Chapters 387 and 388
29 17C-2-403, as last amended by Laws of Utah 2009, Chapter 388
30 45-1-101, as last amended by Laws of Utah 2009, First Special Session, Chapter 5
31 63H-2-204, as enacted by Laws of Utah 2009, Chapter 378
32 72-6-107, as last amended by Laws of Utah 2009, Chapter 217
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 10-9a-205 is amended to read:
36 10-9a-205. Notice of public hearings and public meetings on adoption or
37 modification of land use ordinance.
38 (1) Each municipality shall give:
39 (a) notice of the date, time, and place of the first public hearing to consider the
40 adoption or any modification of a land use ordinance; and
41 (b) notice of each public meeting on the subject.
42 (2) Each notice of a public hearing under Subsection (1)(a) shall be:
43 (a) mailed to each affected entity at least 10 calendar days before the public hearing;
44 (b) posted:
45 (i) in at least three public locations within the municipality; or
46 (ii) on the municipality's official website; and
47 (c) (i) (A) published in a newspaper of general circulation in the area at least 10
48 calendar days before the public hearing; and
49 (B) published [in accordance with Section 45-1-101 ] on the Utah Public Notice
50 Website created under Section 63F-1-701 , at least 10 calendar days before the public hearing;
51 or
52 (ii) mailed at least three days before the public hearing to:
53 (A) each property owner whose land is directly affected by the land use ordinance
54 change; and
55 (B) each adjacent property owner within the parameters specified by municipal
56 ordinance.
57 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
58 before the meeting and shall be posted:

59 (a) in at least three public locations within the municipality; or
60 (b) on the municipality's official website.
61 Section 2. Section 11-14-202 is amended to read:
62 11-14-202. Notice of election -- Contents -- Publication -- Mailing.
63 (1) The governing body shall ensure that notice of the election is published:
64 (a) (i) [(A)] once per week during three consecutive weeks in a newspaper designated
65 in accordance with Section 11-14-316 ; and
66 [(B)] (ii) the first publication described in Subsection (1)(a)(i)[(A)] occurs not less than
67 21 nor more than 35 days before the election; and
68 [(C) in a newspaper having general circulation in the local political subdivision; and]
69 (b) in accordance with Section 45-1-101 for three weeks.
70 (2) When the debt service on the bonds to be issued will increase the property tax
71 imposed upon the average value of a residence by an amount that is greater than or equal to $15
72 per year, the governing body shall, at least seven days but not more than 30 days before the
73 bond election, if the bond election is not held on the date of a regular primary election, a
74 municipal primary election, a regular general election, or a municipal general election, either
75 mail:
76 (a) written notice of the bond election on a minimum three inch by five inch postcard
77 to every household containing a registered voter who is eligible to vote on the bonds; or
78 (b) a voter information pamphlet prepared by the governing body, if one is prepared,
79 that includes the information required by Subsection (4).
80 (3) (a) Except as provided in Subsection (3)(b), notice of the bond election need not be
81 posted.
82 (b) (i) In a local political subdivision where there is no newspaper of general
83 circulation, the legislative body may require that notice of a bond election be given by posting
84 in lieu of the publication requirements of Subsection (1)(a)(i).
85 (ii) When the governing body imposes a posting requirement, the governing body shall
86 ensure that notice of the bond election is posted in at least five public places in the local
87 political subdivision at least 21 days before the election.
88 (4) Any notice required by this section shall include:
89 (a) the date and place of the election;

90 (b) the hours during which the polls will be open; and
91 (c) the title and text of the ballot proposition.
92 (5) The governing body shall pay the costs associated with the notice required by this
93 section.
94 Section 3. Section 17-27a-205 is amended to read:
95 17-27a-205. Notice of public hearings and public meetings on adoption or
96 modification of land use ordinance.
97 (1) Each county shall give:
98 (a) notice of the date, time, and place of the first public hearing to consider the
99 adoption or modification of a land use ordinance; and
100 (b) notice of each public meeting on the subject.
101 (2) Each notice of a public hearing under Subsection (1)(a) shall be:
102 (a) mailed to each affected entity at least 10 calendar days before the public hearing;
103 (b) posted:
104 (i) in at least three public locations within the county; or
105 (ii) on the county's official website; and
106 (c) (i) published:
107 (A) in a newspaper of general circulation in the area at least 10 calendar days before
108 the public hearing; and
109 (B) [in accordance with Section 45-1-101] on the Utah Public Notice Website created
110 in Section 63F-1-701 , at least 10 calendar days before the public hearing; or
111 (ii) mailed at least three days before the public hearing to:
112 (A) each property owner whose land is directly affected by the land use ordinance
113 change; and
114 (B) each adjacent property owner within the parameters specified by county ordinance.
115 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
116 before the hearing and shall be posted:
117 (a) in at least three public locations within the county; or
118 (b) on the county's official website.
119 Section 4. Section 17C-1-601 is amended to read:
120 17C-1-601. Annual agency budget -- Fiscal year -- Public hearing required --

121 Auditor forms -- Requirement to file form.
122 (1) Each agency shall prepare and its board adopt an annual budget of revenues and
123 expenditures for the agency for each fiscal year.
124 (2) Each annual agency budget shall be adopted:
125 (a) for an agency created by a city or town, before June 22; or
126 (b) for an agency created by a county, before December 15.
127 (3) The agency's fiscal year shall be the same as the fiscal year of the community that
128 created the agency.
129 (4) (a) Before adopting an annual budget, each agency board shall hold a public hearing
130 on the annual budget.
131 (b) Each agency shall provide notice of the public hearing on the annual budget by[:
132 (i)] publishing:
133 [(A) (I)] (i) (A) at least one notice in a newspaper of general circulation within the
134 agency boundaries, one week before the public hearing; or
135 [(II)] (B) if there is no newspaper of general circulation within the agency boundaries,
136 posting a notice of the public hearing in at least three public places within the agency
137 boundaries; and
138 [(B)] (ii) in accordance with Section 45-1-101 , at least one week before the public
139 hearing.
140 (c) Each agency shall make the annual budget available for public inspection at least
141 three days before the date of the public hearing.
142 (5) The state auditor shall prescribe the budget forms and the categories to be contained
143 in each agency budget, including:
144 (a) revenues and expenditures for the budget year;
145 (b) legal fees; and
146 (c) administrative costs, including rent, supplies, and other materials, and salaries of
147 agency personnel.
148 (6) (a) Within 90 days after adopting an annual budget, each agency board shall file a
149 copy of the annual budget with the auditor of the county in which the agency is located, the
150 State Tax Commission, the state auditor, the State Board of Education, and each taxing entity
151 that levies a tax on property from which the agency collects tax increment.

152 (b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
153 state as a taxing entity is met if the agency files a copy with the State Tax Commission and the
154 state auditor.
155 Section 5. Section 17C-2-403 is amended to read:
156 17C-2-403. Notice required for continued hearing.
157 The board shall give notice of a hearing continued under Section 17C-2-402 by
158 announcing at the hearing:
159 (1) the date, time, and place the hearing will be resumed; or
160 (2) that [it] the hearing is being continued to a later time and causing a notice of the
161 continued hearing to be[: (a)] published:
162 (a) (i) [(A)] once in a newspaper of general circulation within the agency boundaries at
163 least seven days before the hearing is scheduled to resume; or
164 [(B)] (ii) if there is no newspaper of general circulation, posted in at least three
165 conspicuous places within the boundaries of the agency in which the project area or proposed
166 project area is located; and
167 [(ii)] (b) in accordance with Section 45-1-101 , at least seven days before the hearing is
168 schedule to resume.
169 Section 6. Section 45-1-101 is amended to read:
170 45-1-101. Legal notice publication requirements.
171 (1) As used in this section:
172 (a) (i) "Legal notice" means:
173 (A) a communication required to be made public by a state statute or state agency rule;
174 or
175 (B) a notice required for judicial proceedings or by judicial decision.
176 (ii) "Legal notice" does not include a public notice published by a public body in
177 accordance with the provisions of Sections 52-4-202 and 63F-1-701 .
178 (b) "Person" is as defined in Section 68-3-12 .
179 (2) (a) Notwithstanding any other legal notice provision established in this Utah Code,
180 a person required to publish legal notice:
181 [(a)] (i) until January 1, 2010, shall publish as required by the [state] statute
182 establishing the legal notice requirement; and

183 [(b)] (ii) beginning on January 1, 2010, shall publish legal notice:
184 [(i)] (A) as required by the statute establishing the legal notice requirement; and
185 [(ii)] (B) on a website established by the collective efforts of Utah's newspapers.
186 (b) Compliance with the requirements of this section does not release a person from
187 complying with the requirements of Title 52, Chapter 4, Open and Public Meetings Act.
188 (3) Beginning on January 1, 2012, notwithstanding any provision of law requiring
189 publication of legal notice in a newspaper, a person who publishes legal notice that is required
190 to be given in a county of the first or second class:
191 (a) is not required to comply with the requirement to publish legal notice in a
192 newspaper;
193 (b) is required to publish legal notice on the website described in Subsection
194 [(2)(b)(ii)] (2)(a)(ii)(B); and
195 (c) may, in addition to complying with Subsection (3)(b), publish legal notice in a
196 newspaper.
197 (4) The website described in Subsection [(2)(b)(ii)] (2)(a)(ii)(B) may not:
198 (a) charge a fee to publish a legal notice on the website before January 1, 2012; and
199 (b) charge more than $10 to publish a legal notice on the website on or after January 1,
200 2012.
201 Section 7. Section 63H-2-204 is amended to read:
202 63H-2-204. Dissolution of authority.
203 (1) Subject to the other provisions of this section, the board may dissolve the authority:
204 (a) if the board determines that the authority can no longer comply with the
205 requirements of this chapter; and
206 (b) by a vote of at least five members of the board.
207 (2) The authority may not be dissolved if the authority has any of the following:
208 (a) an outstanding bonded indebtedness;
209 (b) an unpaid loan, indebtedness, or advance; or
210 (c) a legally binding contractual obligation with a person other than the state.
211 (3) Upon the dissolution of the authority:
212 (a) the Governor's Office of Economic Development shall publish a notice of
213 dissolution:

214 (i) in a newspaper of general circulation in each county in which a qualifying
215 transmission project is located; and
216 (ii) electronically, in accordance with Section 45-1-101 ;
217 (b) the authority shall deposit its records with the state auditor, to be retained for the
218 time period determined by the state auditor; and
219 (c) the assets of the authority shall revert to the state.
220 (4) The authority shall pay the expenses of dissolution and winding up the affairs of the
221 authority.
222 (5) If a dissolution under this section is part of a privatization of the authority, the
223 dissolution is subject to Title 63E, Chapter 1, Part 4, Privatization of Independent Entities.
224 Section 8. Section 72-6-107 is amended to read:
225 72-6-107. Construction or improvement of highway -- Contracts -- Retainage --
226 Certain indemnification provisions forbidden.
227 (1) As used in this section, "design professional" means:
228 (a) an architect, licensed under Title 58, Chapter 3a, Architects Licensing Act;
229 (b) a landscape architect, licensed under Title 58, Chapter 53, Landscape Architects
230 Licensing Act; and
231 (c) a professional engineer or professional land surveyor, licensed under Title 58,
232 Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act.
233 (2) (a) The department shall make plans, specifications, and estimates prior to the
234 construction or improvement of any state highway.
235 (b) Except as provided in Section 63G-6-502 and except for construction or
236 improvements performed with state prison labor, a construction or improvement project with
237 an estimated cost exceeding the bid limit as defined in Section 72-6-109 for labor and materials
238 shall be performed under contract awarded to the lowest responsible bidder.
239 [(c) The advertisement for bids shall be published]
240 (c) (i) The department:
241 (A) shall publish an advertisement for bids in accordance with Section 45-1-101 , for a
242 period of two weeks ending no more than 10 days before bids are opened; and
243 (B) may publish an advertisement for bids in a newspaper of general circulation in the
244 county in which the work is to be performed[,].

245 (ii) If the department publishes an advertisement for bids in a newspaper under
246 Subsection (2)(c)(i)(B), the department shall publish the advertisement at least once a week for
247 two consecutive weeks, with the last publication at least 10 days before bids are opened.
248 (d) The department shall receive sealed bids and open the bids at the time and place
249 designated in the advertisement. The department may then award the contract but may reject
250 any and all bids.
251 (e) If the department's estimates are substantially lower than any responsible bid
252 received, the department may perform any work by force account.
253 (3) If any payment on a contract with a private contractor for construction or
254 improvement of a state highway is retained or withheld, the payment shall be retained or
255 withheld and released as provided in Section 13-8-5 .
256 (4) If the department performs a construction or improvement project by force account,
257 the department shall:
258 (a) provide an accounting of the costs and expenditures of the improvement including
259 material and labor;
260 (b) disclose the costs and expenditures to any person upon request and allow the person
261 to make a copy and pay for the actual cost of the copy; and
262 (c) perform the work using the same specifications and standards that would apply to a
263 private contractor.
264 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
265 department shall establish procedures for:
266 (a) hearing evidence that a region within the department violated this section; and
267 (b) administering sanctions against the region if the region is found in violation.
268 (6) (a) Beginning May 12, 2009, a contract, including an amendment to an existing
269 contract, entered into under authority of this chapter may not require that a design professional
270 indemnify another from liability claims that arise out of the design professional's services,
271 unless the liability claim arises from the design professional's negligent act, wrongful act, error
272 or omission, or other liability imposed by law.
273 (b) Subsection (6)(a) may not be waived by contract.
274 (c) Notwithstanding Subsections (6)(a) and (b), a design professional may be required
275 to indemnify a person for whom the design professional has direct or indirect control or

276 responsibility.




Legislative Review Note
as of 1-14-10 9:26 AM

Office of Legislative Research and General Counsel