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[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]
S.B. 129 Enrolled
Leonard M. Blackham
Joseph L. Hull
Ed P. Mayne
Terry R. Spencer
Michael G. Waddoups
AN ACT RELATING TO STATE AFFAIRS; AMENDING REFERENCES REFERRING TO
YEARS TO MAKE THE UTAH CODE COMPLIANT WITH YEAR 2000 AND BEYOND.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
7-3-3.2, as enacted by Chapter 267, Laws of Utah 1989
10-7-70, Utah Code Annotated 1953
11-14-6, as last amended by Chapter 45, Laws of Utah 1977
16-4-12, as last amended by Chapter 29, Laws of Utah 1961
17A-2-556, as renumbered and amended by Chapter 186, Laws of Utah 1990
20A-2-104, as last amended by Chapter 48, Laws of Utah 1999
20A-2-108, as last amended by Chapter 152, Laws of Utah 1995
20A-3-304, as last amended by Chapters 22 and 253, Laws of Utah 1999
20A-4-106, as last amended by Chapter 21, Laws of Utah 1999
20A-5-404, as enacted by Chapter 1, Laws of Utah 1993
20A-7-203, as last amended by Chapter 45, Laws of Utah 1999
20A-7-603, as last amended by Chapter 45, Laws of Utah 1999
20A-9-201, as last amended by Chapters 22 and 45, Laws of Utah 1999
20A-9-203, as last amended by Chapters 24 and 130, Laws of Utah 1997
20A-9-403, as last amended by Chapters 24, 182 and 184, Laws of Utah 1997
20A-9-502, as last amended by Chapter 45, Laws of Utah 1999
21-6-3, Utah Code Annotated 1953
47-2-4, as last amended by Chapter 227, Laws of Utah 1993
54-4-22, Utah Code Annotated 1953
57-1-12, Utah Code Annotated 1953
57-1-13, Utah Code Annotated 1953
57-1-14, Utah Code Annotated 1953
57-1-22, as last amended by Chapter 88, Laws of Utah 1989
57-1-25, as last amended by Chapter 88, Laws of Utah 1989
57-1-26, as last amended by Chapter 88, Laws of Utah 1989
57-1-31, as last amended by Chapter 68, Laws of Utah 1985
57-2-13, Utah Code Annotated 1953
59-2-311, as last amended by Chapter 271, Laws of Utah 1995
59-2-1339, as last amended by Chapter 181, Laws of Utah 1995
59-2-1351, as last amended by Chapters 181 and 299, Laws of Utah 1995
59-2-1351.1, as last amended by Chapter 79, Laws of Utah 1996
59-2-1351.3, as enacted by Chapter 181, Laws of Utah 1995
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 7-3-3.2 is amended to read:
7-3-3.2. Securities business permitted -- Activities conducted by subsidiary --
Disclosure statements required.
(1) A bank has all necessary and incidental powers to engage in the business of purchasing,
selling, underwriting, and dealing in securities, whether as a principal for its own account or as agent
or broker for a customer, subject to the limitations in this section.
(2) The securities business that a bank may conduct as a principal for its own account is
limited to the activities specified in Subsections (2)(a) through (d). A bank does not otherwise have
power to enter securities underwriting or act as a principal in issuance or marketing of securities.
(a) A bank may purchase for investment and subsequently resell those types of securities
authorized by statute or rule of the commissioner, including, without limitation, shares purchased in
accordance with Section 7-3-21 and government or other securities lawfully acquired for the
investment or trading portfolio of the bank or any of its subsidiaries or affiliates in accordance with
any limitation established by any other federal or state statute, regulation, or rule.
(b) A bank may sell securities of any kind acquired in the ordinary course of business,
including, without limitation, through foreclosure on pledged securities.
(c) A bank may underwrite or deal in securities issued by a municipality, county, or other
local governmental entity or an agency of any such governmental entity, securities issued by a state
or any of its agencies, or securities issued by the federal government or any of its agencies.
(d) A bank may establish or underwrite the securities of registered investment companies that
are limited to operating or investing in money market funds or other short-term government or
corporate debt instruments.
(3) This section may not be interpreted to alter the traditional rights and powers of banks to
issue deposit instruments or similar instruments that acknowledge receipt of monies for customers,
even though the instruments may for some purposes be considered securities.
(4) Securities activities under this section, except those activities described in Subsections
(2)(a) and (b), shall be conducted only through a subsidiary. Any such subsidiary shall be established
pursuant to rules that the commissioner may adopt after notice and hearing. Any such rules shall
further define the standards by which a securities subsidiary of a bank may be established and
operated, including the requirement for registration, if required, as a broker-dealer with state, federal,
and self-regulatory agencies. In addition to other standards that may be established by these rules,
a bank may not invest more than 10% of its total capital in a securities subsidiary. For purposes of
that determination, total capital shall be calculated in accordance with all other applicable statutes and
rules of the commissioner, including the effect of loans from the bank to the subsidiary, together with
capital standards established by the Federal Deposit Insurance Corporation. Every loan made by the
bank to a securities subsidiary shall comply with applicable state and federal laws. In all cases, each
subsidiary shall maintain separate corporate and financial records.
(5) Notwithstanding Subsection (4), a bank may enter into a networking agreement with a
registered broker-dealer for the provision of brokerage services to the bank's customers on the bank's
premises without the need to comply with Subsection (4), (6), or (7).
(6) The securities activities authorized by this section may be conducted from an authorized
banking office or from a separate office of a subsidiary, and may be offered to customers in this state
or in any other state, territory, or country, except to the extent such activities are limited or prohibited
by the laws of the other state, territory, or country.
(7) Before undertaking any of the direct or indirect securities activities permitted under this
section, except those authorized by Subsection (2)(a), a bank shall apply to the commissioner. The
commissioner shall render a decision of approval, conditional approval, or disapproval within 60 days
from the date of receiving the application. Public notice is not required for any hearing on the
application that may be held. The commissioner shall satisfy himself before approving the application
that the bank possesses the managerial and financial resources necessary to conduct the securities
activities safely and soundly.
(8) In conducting securities activities, a bank shall in all respects comply, and cause its
securities subsidiary to comply, with the Utah Uniform Securities Act, the Securities Act of 1933, the
Securities Exchange Act of 1934, the Investment Company Act of 1940, and other applicable
statutes, regulations, and rules.
(9) In connection with each customer for which a bank or its securities subsidiary shall act
as agent or broker, the bank or the subsidiary, as applicable, shall give a written disclosure to its
customer prior to closing any single transaction or establishment of an account contemplating a series
of transactions. The disclosure statement shall be in legible print and shall be in substantially the form
shown in Subsection (9)(a) with respect to the bank and in Subsection (9)(b) with respect to any
securities subsidiary.
(a)
The services offered by the securities department of this bank are offered to its customers
without regard to any other banking relationship. By signing below the customer acknowledges
receipt of this Disclosure Statement and agrees that any contract for securities services is completely
voluntary, and the selection of this bank for securities services has not been required by any other
business relationship or account with the bank.
[
CUSTOMER:
___________________________
___________________________
(b)
_________________ (name of securities agency subsidiary) is a subsidiary of
______________ (name of bank). The services offered by _________________ (name of subsidiary)
are offered to its customers without regard to any separate banking relationship with
_______________ (name of bank). By signing below the customer acknowledges receipt of this
Disclosure Statement and agrees that any contract for services with _______________ (name of
subsidiary) is completely voluntary and the selection of _______________ (name of subsidiary) for
securities services has not been required by any business relationship with its parent bank.
[
CUSTOMER:
___________________________
___________________________
Section 2. Section 10-7-70 is amended to read:
10-7-70. Corporate violation -- Summons -- Forms.
Whenever complaint is made against a corporation for violation of a city or town ordinance
summons shall be issued thereon substantially in the following form:
State of Utah,
County of __________
In the __________ court, in and for the city (or town) of __________, county of __________
__________ city, (or town) __________
vs. __________
The state of Utah, to (naming the corporation):
You are hereby summoned to be and appear before the above entitled court at the courtroom
thereof on the __________ day of __________ at the hour of __________ o'clock __m., then and
there to answer a charge made against you upon the complaint of __________ for (designating the
offense in general terms), a copy of which complaint is hereto attached.
[
Witness:
The Honorable
___________________________________________________________
Judge of said court.
______________________ Clerk
By
_______________ Deputy Clerk.
In courts having a clerk the summons, with a copy of the complaint attached, shall be signed
by the clerk thereof, and in courts having no clerk the summons shall be signed by the judge or justice
thereof.
Section 3. Section 11-14-6 is amended to read:
11-14-6. Election procedure.
(1) The qualifications as an elector of any person applying for a ballot at a bond election may
be challenged for cause by any one or more of the election officials or by any other person at the time
the ballot is applied for, but notwithstanding any challenge hereunder, any such person shall receive
a ballot and be permitted to vote if:
(a) [
or other entity calling the bond election[
(b) [
qualified elector of such municipality or entity.
(2) The oath referred to in Subsection (1) may, but need not, be in substantially the following
form:
STATE OF UTAH )
COUNTY OF ____________)
The undersigned, having been first duly sworn upon oath, deposes and says under the pains
and penalties of perjury, as follows:
That I am a citizen of the United States; that I am 18 years of age or older; that I am now and
have been a resident of the state of Utah for not less than 30 days; that I am a resident of ____
County and of the voting district or precinct of the (municipality or other entity calling the bond
election) in which I am offering to vote; that I am a duly registered voter of ____ County and I am
a qualified voter of and reside within the confines of (municipality or other entity calling the bond
election); and that I have not previously voted at the bond election being held on this [
____________________________________________________________
Signature of Elector
____________________________________________________________
Address of Elector
I, the undersigned, Judge of election, hereby certify that the person whose signature appears
above, signed the foregoing statement on this [
__________(month\day\year), immediately after I administered to him an oath in the following
words: You do solemnly swear (or affirm) that you have read the oath to which you are about to
subscribe your signature and that the facts recited therein are true and correct, so help you God (or
under the pains and penalties of perjury).
____________________________________________________________
Judge of Election
Each election official is expressly authorized to administer [
(3) In the case of challenges made pursuant to Subsection (1), the election officials shall keep
a list of the names of each person challenged, the grounds for the challenge, and whether such person
was permitted to vote. [
available to the governing body when it canvasses the election results.
(4) No bond election shall be held invalid on the grounds that unqualified voters voted unless
it shall be shown by clear and convincing evidence in a contest filed prior to the expiration of the
period in which bond election contest may be filed that unqualified voters in sufficient numbers to
change the result voted at the bond election. When the election results are canvassed [
canvass shall show separately the number of votes which were challenged and the number of
challenged voters who were permitted to vote, but the votes cast by [
accepted as having been legally cast for purposes of determining the outcome of the election, unless
the court in a bond election contest shall find otherwise.
Section 4. Section 16-4-12 is amended to read:
16-4-12. Notice of delinquency -- Form.
If any portion of the assessment mentioned in the notice remains unpaid on the day specified
therein when the stock shall be delinquent, the secretary shall, unless otherwise ordered by the board
of directors, cause to be published in the same newspapers in which the notice hereinbefore provided
for shall have been published a notice in the following form:
(Name of corporation in full; location of principal place of business). Notice. There are
delinquent upon the following described stock, on account of assessment levied on the [
several amounts set opposite the names of the respective shareholders as follows: (Names, number
of certificate, number of shares, and amount) and in accordance with law, (and an order of the board
of directors made on the [
shall have been made) so many shares of each parcel of [
sold at the (particular place) on the [
hour of ____, to pay the delinquent assessments thereon, together with the cost of advertising and
expenses of the sale. (Name of secretary, with location of office).
Section 5. Section 17A-2-556 is amended to read:
17A-2-556. Form of release and discharge.
[
Release and discharge from liability for payment of the bonded indebtedness of ____ drainage
district in ____ county, Utah, and from the lien of the equalized assessment of benefits and taxes and
the benefit assessment roll.
Whereas, on the [
part owner, mortgagee or other lien holders, as the case may be) paid to the county treasurer of ____
county, (in lawful money of the United States, or bonds, notes, warrants or matured interest coupons
of the district, as the case may be) the sum of $____, being the total amount of the unpaid drainage
district equalized assessment of benefits and taxes levied and assessed against that certain tract, lot
or parcel of land located in ____ drainage district in ____ county, Utah, and particularly bounded and
described as follows, to wit: (Insert description of property) ____ and, ____.
Whereas, there is on file with the treasurer of this drainage district a receipt showing [
payment in full,
Now Therefore, in consideration of such payment and pursuant to law, the undersigned
drainage district does by these presents release and discharge the above described tract, lot or parcel
of land from the lien of and from the payment of all of the bonded indebtedness now existing against
the same, and from the payment of any bonds now issued or that may hereafter be issued to refund
the same, or any part thereof, and from the payment of any notes or warrants of the district heretofore
issued or that may hereafter be issued in payment of interest on [
indebtedness, and releases and discharges said tract, lot or parcel of land from the payment of any of
the unpaid equalized assessment of benefits and taxes levied or assessed against the same and from
the lien of the benefit assessment roll of said drainage district.
In Witness Whereof, the said drainage district has executed this instrument and caused its
corporate name and corporate seal to be hereunto affixed by its president and secretary this [
Attest:
________________________________
(Name of drainage district.)
By ______________,
President
______________
Secretary.
Said written release and discharge may be acknowledged before any officer authorized to take
acknowledgments of deeds. The form of acknowledgment shall be substantially as follows: State of
Utah, ss.
County of ____
On the [
before me ____, who being by me duly sworn, did say that he is the president of ____ drainage
district which executed the above and foregoing instrument and that said instrument was signed in
behalf of said drainage district by authority of a resolution of its board of supervisors, and said ____
acknowledged to me that said drainage district executed the same.
______________
Notary Public.
My Commission expires: ____(month\day\year)
Residing at: ____.
Section 6. Section 20A-2-104 is amended to read:
20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
(1) Every person applying to be registered shall complete a registration form printed in
substantially the following form:
----------------------------------------------------------------------------------------------------------------------
Name of Voter __________________________________________________________
First Middle Last
Driver License or Identification Card Number (optional)__________________________
Date of Birth ______________________________________________________
Street Address of Principal Place of Residence __________________________________
________________________________________________________________________
City County State Zip Code
Telephone Number (optional) _________________________
Last four digits of Social Security Number (optional) ______________________
Place of Birth _____________________________
Last former address at which I was registered to vote (if known)
________________________________________________________________________
City County State Zip Code
________________________________________________________________________
Voting Precinct (if known)
Political Party (optional) ___________________________________________________
I do swear (or affirm), subject to penalty of law for false statements, that the information
contained in this form is true, and that I am a citizen of the United States and a resident of the state
of Utah, residing at the above address. I will be at least 18 years old and will have resided in Utah
for 30 days immediately before the next election. I am not a convicted felon currently incarcerated
for commission of a felony.
Signed and sworn
__________________________________________________________
Voter's Signature
[
NOTICE: IN ORDER TO VOTE, YOUR NAME MUST APPEAR IN THE OFFICIAL
REGISTER.
FOR OFFICIAL USE ONLY
Voting Precinct _________________________
Voting I.D. Number _____________________
------------------------------------------------------------------------------------------------------------------
------
(2) The county clerk shall retain a copy in a permanent countywide alphabetical file, which
may be electronic or some other recognized system.
(3) (a) Each county clerk shall retain lists of currently registered voters.
(b) The lieutenant governor shall maintain a list of registered voters in electronic form.
(c) If there are any discrepancies between the two lists, the county clerk's list is the official
list.
(d) The lieutenant governor and the county clerks may charge the fees established under the
authority of Subsection 63-2-203 (10) to individuals who wish to obtain a copy of the list of registered
voters.
Section 7. Section 20A-2-108 is amended to read:
20A-2-108. Driver license registration form -- Transmittal of information.
(1) The lieutenant governor and the Driver License Division shall design the driver license
application and renewal forms to include the question "if you are not registered to vote where you
live now, would you like to register to vote today?"
(2) (a) The lieutenant governor and the Driver License Division shall design a motor voter
registration form to be used in conjunction with driver license application and renewal forms.
(b) Each driver license application and renewal form shall contain:
(i) a place for the applicant to decline to register to vote;
(ii) an eligibility statement in substantially the following form:
"I do swear (or affirm), subject to penalty of law for false statements, that the information
contained in this form is true, and that I am a citizen of the United States and a resident of the state
of Utah, residing at the above address. I will be at least 18 years old and will have resided in Utah
for 30 days immediately before the next election.
Signed and sworn
___________________________________________________________
Voter's Signature
[
(iii) a statement that if an applicant declines to register to vote, the fact that the applicant has
declined to register will remain confidential and will be used only for voter registration purposes; and
(iv) a statement that if an applicant does register to vote, the office at which the applicant
submits a voter registration application will remain confidential and will be used only for voter
registration purposes.
Section 8. Section 20A-3-304 is amended to read:
20A-3-304. Application for absentee ballot -- Time for filing and voting.
(1) As used in this section, "absent elector" means a person who:
(a) is physically, emotionally, or mentally impaired;
(b) will be serving as an election judge or who has election duties in another voting precinct;
(c) is detained or incarcerated in a jail or prison as a penalty for committing a misdemeanor;
(d) suffers a legal disability;
(e) is prevented from voting in a particular location because of religious tenets or other
strongly held personal values;
(f) is called for jury duty in state or federal court; or
(g) otherwise expects to be absent from the voting precinct during the hours the polls are
open on election day.
(2) A registered voter who is or will be an absent elector may file an absentee ballot
application with the appropriate election officer for an official absentee ballot.
(3) (a) Each election officer shall prepare blank applications for absentee ballot applications
in substantially the following form:
"I, ____ a qualified elector, in full possession of my mental faculties, residing at ____ Street,
____ City, ____ County, Utah and to my best knowledge and belief am entitled to vote by absentee
ballot at the next election.
I apply for an official absentee ballot to be voted by me at the election.
[
Voter"
(b) If requested by the applicant, the election officer shall:
(i) mail or fax the application blank to the absentee voter; or
(ii) deliver the application blank to any voter who personally applies for it at the office of the
election officer.
(4) (a) (i) Except as provided in Subsections (4)(a)(ii) and (iii), the voters shall file the
application for an absentee ballot with the appropriate election officer no later than the Friday before
election day.
(ii) Overseas applicants shall file their applications with the appropriate election officer no
later than 20 days before the day of election.
(iii) Voters applying for an absentee ballot for the Western States Presidential Primary shall
file the application for an absentee ballot with the appropriate election officer not later than the
Tuesday before election day.
(b) Persons voting an absentee ballot at the office of the election officer shall apply for and
cast their ballot no later than the day before the election.
(5) (a) A county clerk may establish a permanent absentee voter list.
(b) The clerk shall place on the list the name of any person who:
(i) requests permanent absentee voter status; and
(ii) meets the requirements of this section.
(c) (i) Each year, the clerk shall mail a questionnaire to each person whose name is on the
absentee voter list.
(ii) The questionnaire shall allow the absentee person to verify the voter's residence and
inability to vote at the voting precinct on election day.
(iii) The clerk may remove the names of any voter from the absentee voter registration list
if:
(A) the voter is no longer listed in the official register; or
(B) the voter fails to verify the voter's residence and absentee status.
(d) The clerk shall provide a copy of the permanent absentee voter list to election officers for
use in elections.
Section 9. Section 20A-4-106 is amended to read:
20A-4-106. Paper ballots -- Sealing.
(1) (a) (i) At all elections using paper ballots, as soon as the counting judges have read and
tallied the ballots, they shall string the counted, excess, and spoiled ballots on separate strings.
(ii) After the ballots are strung, they may not be examined by anyone, except when examined
during a recount conducted under the authority of Section 20A-4-401 .
(b) The judges shall carefully seal all of the strung ballots in a strong envelope.
(2) (a) For regular primary elections, after all the ballots have been counted, certified to, and
strung by the judges, they shall seal the ballots cast for each of the parties in separate envelopes.
(b) The judges shall:
(i) seal each of the envelopes containing the votes of each of the political parties in one large
envelope; and
(ii) return that envelope to the county clerk.
(c) The judges shall:
(i) destroy the ballots in the blank ballot box; or
(ii) if directed to do so by the election officer, return them to the election officer for
destruction.
(3) As soon as the judges have counted all the votes and sealed the ballots they shall sign and
certify the pollbooks.
(4) (a) The judges, before they adjourn, shall:
(i) enclose and seal the official register, the posting book, the pollbook, all affidavits of
registration received by them, the ballot disposition form, the military and overseas absentee voter
registration and voting certificates, one of the tally sheets, and any unprocessed absentee ballots in
a strong envelope or pouch;
(ii) ensure that all counted ballots, all excess ballots, and all spoiled ballots have been strung
and placed in a separate envelope or pouch as required by Subsection (1);
(iii) place all unused ballots, all spoiled ballots, one tally list, and a copy of the ballot
disposition form in a separate envelope or pouch; and
(iv) place the total votes cast form and the judges' vouchers requesting compensation for
services rendered in a separate pouch.
(b) Before enclosing the official register in the envelope or pouch, the election judges shall
certify it substantially as follows:
"We, the undersigned, judges of election for precinct _______, (jurisdiction) _______, Utah,
certify that the required entries have been made for the election held [
__________(month\day\year), including:
a list of the ballot numbers for each voter;
the voters' signatures, except where a judge has signed for the absentee voters;
a list of information surrounding a voter who is challenged,
including any affidavits; and
a notation for each time a voter was assisted with a ballot."
(5) Each judge shall:
(a) write his name across the seal of each envelope or pouch;
(b) mark on the exterior of the envelope or pouch:
(i) the word "ballots" or "returns" or "unused ballots," or other words plainly indicating the
contents of the packages; and
(ii) the number of the voting precinct.
Section 10. Section 20A-5-404 is amended to read:
20A-5-404. Election forms -- Preparation and contents.
(1) For each election, the election officer:
(a) shall prepare, for each voting precinct, a:
(i) ballot disposition form;
(ii) total votes cast form;
(iii) tally sheet form; and
(iv) pollbook.
(b) For each election, the election officer shall:
(i) provide a copy of each form to each of those precincts using paper ballots; and
(ii) provide a copy of the ballot disposition form and a pollbook to each of those voting
precincts using an automated voting system.
(2) The election officer shall ensure that the ballot disposition form contains a space for the
judges to identify:
(a) the number of ballots voted;
(b) the number of substitute ballots voted, if any;
(c) the number of ballots delivered to the voters;
(d) the number of spoiled ballots;
(e) the number of registered voters listed in the official register;
(f) the total number of voters voting according to the pollbook; and
(g) the number of unused ballots.
(3) The election officer shall ensure that the total votes cast form contains:
(a) the name of each candidate appearing on the ballot, the office for which the candidate is
running, and a blank space for the election judges to record the number of votes that the candidate
received;
(b) for each office, blank spaces for the election judges to record the names of write-in
candidates, if any, and a blank space for the election judges to record the number of votes that the
write-in candidate received;
(c) a heading identifying each ballot proposition and blank spaces for the election judges to
record the number of votes for and against each proposition; and
(d) a certification, in substantially the following form, to be signed by the judges when they
have completed the total votes cast form:
"TOTAL VOTES CAST
At an election held at ____ in ____ voting precinct in ____________(name of entity holding
the election) and State of Utah, on [
__________(month\day\year), the following named persons received the number of votes annexed
to their respective names for the following described offices: Total number of votes cast were as
follows:
Certified by us ____, ____, ____, Judges of Election."
(4) The election officer shall ensure that the tally sheet form contains:
(a) for each office, the names of the candidates for that office, and blank spaces to tally the
votes that each candidate receives;
(b) for each office, blank spaces for the election judges to record the names of write-in
candidates, if any, and a blank space for the election judges to tally the votes for each write-in
candidate;
(c) for each ballot proposition, a heading identifying the ballot proposition and the words
"Yes" and "No" or "For" and "Against" on separate lines with blank spaces after each of them for the
election judges to tally the ballot proposition votes; and
(d) a certification, in substantially the following form, to be signed by the judges when they
have completed the tally sheet form:
"Tally Sheet
We the undersigned election judges for voting precinct #________________,
_______________(entity holding the election) certify that this is a true and correct list of all persons
voted for and ballot propositions voted on at the election held in that voting precinct on
_______________________(date of election) and is a tally of the votes cast for each of those
persons. Certified by us ____, ____, ____, Judges of Election."
(5) The election officer shall ensure that the pollbook:
(a) identifies the voting precinct number on its face; and
(b) contains:
(i) a section to record persons voting on election day, with columns entitled "Ballot Number"
and "Voter's Name";
(ii) another section in which to record absentee ballots;
(iii) a section in which to record voters who are challenged; and
(iv) a certification, in substantially the following form:
"We, the undersigned, judges of an election held at ______ voting precinct, in _______
County, state of Utah, on [
been sworn according to law, certify that the information listed in this book is a true statement of the
number and names of the persons voting in the voting precinct at the election, and that the total
number of persons voting at the election was ____."
_____________________________
_____________________________
_____________________________
Judges of Election
Section 11. Section 20A-7-203 is amended to read:
20A-7-203. Form of initiative petition and signature sheets.
(1) (a) Each proposed initiative petition shall be printed in substantially the following form:
"INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
We, the undersigned citizens of Utah, respectfully demand that the following proposed law
be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the regular
general election/session to be held/ beginning on [
__________(month\day\year);
Each signer says:
I have personally signed this petition;
I am registered to vote in Utah or intend to become registered to vote in Utah before the
certification of the petition names by the county clerk; and
My residence and post office address are written correctly after my name."
(b) The sponsors of an initiative shall attach a copy of the proposed law to each initiative
petition.
(2) Each signature sheet shall:
(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
(b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line blank
for the purpose of binding;
(c) contain the title of the initiative printed below the horizontal line;
(d) contain the word "Warning" printed or typed at the top of each signature sheet under the
title of the initiative;
(e) contain, to the right of the word "Warning," the following statement printed or typed in
not less than eight-point, single leaded type:
"It is a class A misdemeanor for anyone to sign any initiative petition with any other name
than his own, or knowingly to sign his name more than once for the same measure, or to sign an
initiative petition when he knows he is not a registered voter and knows that he does not intend to
become registered to vote before the certification of the petition names by the county clerk.";
(f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
by this section; and
(g) be vertically divided into columns as follows:
(i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be headed
with "For Office Use Only," and be subdivided with a light vertical line down the middle with the left
subdivision entitled "Registered" and the right subdivision left untitled;
(ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
(must be legible to be counted)";
(iii) the next column shall be three inches wide, headed "Signature of Registered Voter"; and
(iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code".
(3) The final page of each initiative packet shall contain the following printed or typed
statement:
"Verification
State of Utah, County of ____
I, _______________, of ____, hereby state that:
I am a resident of Utah;
All the names that appear in this packet were signed by persons who professed to be the
persons whose names appear in it, and each of them signed his name on it in my presence;
I believe that each has printed and signed his name and written his post office address and
residence correctly, and that each signer is registered to vote in Utah or intends to become registered
to vote before the certification of the petition names by the county clerk.
________________________________________________________________________
(Name) (Residence Address) (Date)"
(4) The forms prescribed in this section are not mandatory, and, if substantially followed, the
initiative petitions are sufficient, notwithstanding clerical and merely technical errors.
Section 12. Section 20A-7-603 is amended to read:
20A-7-603. Form of referendum petition and signature sheets.
(1) (a) Each proposed referendum petition shall be printed in substantially the following form:
"REFERENDUM PETITION To the Honorable ____, County Clerk/City Recorder/Town
Clerk:
We, the undersigned citizens of Utah, respectfully order that Ordinance No. ____, entitled
(title of ordinance, and, if the petition is against less than the whole ordinance, set forth here the part
or parts on which the referendum is sought), passed by the ____ be referred to the voters for their
approval or rejection at the regular/municipal general election to be held on [
Each signer says:
I have personally signed this petition;
I am registered to vote in Utah or intend to become registered to vote in Utah before the
certification of the petition names by the county clerk; and
My residence and post office address are written correctly after my name."
(b) The sponsors of a referendum shall attach a copy of the law that is the subject of the
referendum to each referendum petition.
(2) Each signature sheet shall:
(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
(b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line blank
for the purpose of binding;
(c) contain the title of the referendum printed below the horizontal line;
(d) contain the word "Warning" printed or typed at the top of each signature sheet under the
title of the referendum;
(e) contain, to the right of the word "Warning," the following statement printed or typed in
not less than eight-point, single leaded type:
"It is a class A misdemeanor for anyone to sign any referendum petition with any other name
than his own, or knowingly to sign his name more than once for the same measure, or to sign a
referendum petition when he knows he is not a registered voter and knows that he does not intend
to become registered to vote before the certification of the petition names by the county clerk.";
(f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
by this section;
(g) be vertically divided into columns as follows:
(i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be headed
with "For Office Use Only," and be subdivided with a light vertical line down the middle;
(ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
(must be legible to be counted)";
(iii) the next column shall be three inches wide, headed "Signature of Registered Voter"; and
(iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code"; and
(h) contain the following statement, printed or typed upon the back of each sheet:
"Verification
State of Utah, County of ____
I, _______________, of ____, hereby state that:
I am a resident of Utah;
All the names that appear on this sheet were signed by persons who professed to be the
persons whose names appear in it, and each of them signed his name on it in my presence;
I believe that each has printed and signed his name and written his post office address and
residence correctly, and that each signer is registered to vote in Utah or intends to become registered
to vote before the certification of the petition names by the county clerk.
_____________________________"
(3) The forms prescribed in this section are not mandatory, and, if substantially followed, the
referendum petitions are sufficient, notwithstanding clerical and merely technical errors.
Section 13. Section 20A-9-201 is amended to read:
20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of more
than one political party prohibited with exceptions -- General filing and form requirements.
(1) Before filing a declaration of candidacy for election to any office, a person shall:
(a) be a United States citizen; and
(b) meet the legal requirements of that office.
(2) (a) Except as provided in Subsection (2)(b), a person may not:
(i) file a declaration of candidacy for, or be a candidate for, more than one office in Utah
during any election year; or
(ii) appear on the ballot as the candidate of more than one political party.
(b) A person may file a declaration of candidacy for, or be a candidate for, President or Vice
President of the United States and another office, if the person resigns the person's candidacy for the
other office after the person is officially nominated for President or Vice President of the United
States.
(3) If the final date established for filing a declaration of candidacy is a Saturday or Sunday,
the filing time shall be extended until 5 p.m. on the following Monday.
(4) (a) (i) Except for presidential candidates, before the filing officer may accept any
declaration of candidacy, the filing officer shall:
(A) read to the prospective candidate the constitutional and statutory qualification
requirements for the office that the candidate is seeking; and
(B) require the candidate to state whether or not the candidate meets those requirements.
(ii) Before accepting a declaration of candidacy for the office of county attorney, the county
clerk shall ensure that the person filing that declaration of candidacy is:
(A) a United States citizen;
(B) an attorney licensed to practice law in Utah who is an active member in good standing
of the Utah State Bar;
(C) a registered voter in the county in which he is seeking office; and
(D) a current resident of the county in which he is seeking office and either has been a
resident of that county for at least one year or was appointed and is currently serving as county
attorney and became a resident of the county within 30 days after appointment to the office.
(iii) Before accepting a declaration of candidacy for the office of district attorney, the county
clerk shall ensure that, as of the date of the election, the person filing that declaration of candidacy
is:
(A) a United States citizen;
(B) an attorney licensed to practice law in Utah who is an active member in good standing
of the Utah State Bar;
(C) a registered voter in the prosecution district in which he is seeking office; and
(D) a current resident of the prosecution district in which he is seeking office and either will
have been a resident of that prosecution district for at least one year as of the date of the election or
was appointed and is currently serving as district attorney and became a resident of the prosecution
district within 30 days after receiving appointment to the office.
(b) If the prospective candidate states that he does not meet the qualification requirements
for the office, the filing officer may not accept the prospective candidate's declaration of candidacy.
(c) If the candidate states that he meets the requirements of candidacy, the filing officer shall:
(i) accept the candidate's declaration of candidacy; and
(ii) if the candidate has filed for a partisan office, provide a certified copy of the declaration
of candidacy to the chair of the county or state political party of which the candidate is a member.
(5) Except for presidential candidates, the form of the declaration of candidacy shall be
substantially as follows:
"State of Utah, County of ____
I, ______________, declare my intention of becoming a candidate for the office of ____ as
a candidate for the ____ party. I do solemnly swear that: I can qualify to hold that office, both legally
and constitutionally, if selected; I reside at _____________ in the City or Town of ____, Utah, Zip
Code ____ Phone No. ____; I will not knowingly violate any law governing campaigns and elections;
and I will qualify for the office if elected to it. The mailing address that I designate for receiving
official election notices is ___________________________.
____________________________________________________________________
Subscribed and sworn before me this [
_________________________________________________
Notary Public (or other officer qualified to administer oath.)"
(6) (a) Except for presidential candidates, the fee for filing a declaration of candidacy is:
(i) $25 for candidates for the local school district board; and
(ii) 1/8 of 1% of the total salary for the full term of office legally paid to the person holding
the office, but not less than $5, for all other federal, state, and county offices.
(b) Except for presidential candidates, the filing officer shall refund the filing fee to any
candidate:
(i) who is disqualified; or
(ii) who the filing officer determines has filed improperly.
(c) (i) The county clerk shall immediately pay to the county treasurer all fees received from
candidates.
(ii) The lieutenant governor shall:
(A) apportion to and pay to the county treasurers of the various counties all fees received for
filing of nomination certificates or acceptances; and
(B) ensure that each county receives that proportion of the total amount paid to the lieutenant
governor from the congressional district that the total vote of that county for all candidates for
representative in Congress bears to the total vote of all counties within the congressional district for
all candidates for representative in Congress.
(d) (i) Each person who is unable to pay the filing fee may file a declaration of candidacy
without payment upon a prima facie showing of impecuniosity as evidenced by an affidavit of
impecuniosity filed with the filing officer.
(ii) The filing officer shall ensure that the affidavit of impecuniosity is printed in substantially
the following form:
"Affidavit of Impecuniosity
Individual Name ____________________________Address_____________________________
Phone Number _________________
I,__________________________(name), do solemnly [swear] [affirm] that, owing to my poverty,
I am unable to pay the filing fee required by law.
Date ______________ Signature________________________________________________ Affiant
Subscribed and sworn to before me on ___________[
______________________
(signature)
Name and Title of Officer Authorized to Administer Oath:"
(7) Any person who fails to file a declaration of candidacy or certificate of nomination within
the time provided in this chapter is ineligible for nomination to office.
Section 14. Section 20A-9-203 is amended to read:
20A-9-203. Declarations of candidacy -- Municipal general elections.
(1) (a) A person may become a candidate for any municipal office if the person is a registered
voter and:
(i) the person has resided within the municipality in which that person seeks to hold elective
office for the 12 consecutive months immediately before the date of the election; or
(ii) if the territory in which the person resides was annexed into the municipality, the person
has resided within the annexed territory or the municipality for 12 months.
(b) In addition to the requirements of Subsection (1)(a), candidates for a municipal council
position under the council-mayor or council-manager alternative forms of municipal government shall,
if elected from districts, be residents of the council district from which they are elected.
(2) (a) Each person seeking to become a candidate for a municipal office shall file a
declaration of candidacy in person with the city recorder or town clerk during office hours and not
later than 5 p.m. between July 15 and August 15 of any odd numbered year and pay the filing fee,
if one is required by municipal ordinance.
(b) Any resident of a municipality may nominate a candidate for a municipal office by filing
a nomination petition with the city recorder or town clerk during office hours but not later than 5 p.m.
between July 15 and August 15 of any odd numbered year and pay the filing fee, if one is required
by municipal ordinance.
(c) When August 15 is a Saturday or Sunday, the filing time shall be extended until 5 p.m.
on the following Monday.
(3) (a) Before the filing officer may accept any declaration of candidacy or nomination
petition, the filing officer shall:
(i) read to the prospective candidate or person filing the petition the constitutional and
statutory qualification requirements for the office that the candidate is seeking; and
(ii) require the candidate or person filing the petition to state whether or not the candidate
meets those requirements.
(b) If the prospective candidate does not meet the qualification requirements for the office,
the filing officer may not accept the declaration of candidacy or nomination petition.
(c) If it appears that the prospective candidate meets the requirements of candidacy, the filing
officer shall accept the declaration of candidacy or nomination petition.
(4) The declaration of candidacy shall substantially comply with the following form:
"I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____, County
of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a registered voter;
and that I am a candidate for the office of ____ (stating the term). I request that my name be printed
upon the applicable official ballots. (Signed) _______________
Subscribed and sworn to (or affirmed) before me by ____ on this [
__________(month\day\year).
(Signed) _______________ (Clerk or Notary Public)"
(5) (a) Any registered voter may be nominated for municipal office by submitting a petition
signed by:
(i) 25 residents of the municipality who are at least 18 years old; or
(ii) 20% of the residents of the municipality who are at least 18 years old.
(b) (i) The petition shall substantially conform to the following form:
The undersigned residents of (name of municipality) being 18 years old or older nominate
(name of nominee) to the office of ____ for the (two or four-year term, whichever is applicable)."
(ii) The remainder of the petition shall contain lines and columns for the signatures of persons
signing the petition and their addresses and telephone numbers.
(c) If the declaration of candidacy or nomination petition fails to state whether the nomination
is for the two or four-year term, the clerk shall consider the nomination to be for the four-year term.
(d) (i) The clerk shall verify with the county clerk that all candidates are registered voters.
(ii) Any candidate who is not registered to vote is disqualified and the clerk may not print the
candidate's name on the ballot.
(6) Immediately after expiration of the period for filing a declaration of candidacy, the clerk
shall:
(a) cause the names of the candidates as they will appear on the ballot to be published in at
least two successive publications of a newspaper with general circulation in the municipality; and
(b) notify the lieutenant governor of the names of the candidates as they will appear on the
ballot.
(7) (a) A declaration of candidacy or nomination petition filed under this section is valid
unless a written objection is filed with the clerk within five days after the last day for filing.
(b) If an objection is made, the clerk shall:
(i) mail or personally deliver notice of the objection to the affected candidate immediately;
and
(ii) decide any objection within 48 hours after it is filed.
(c) If the clerk sustains the objection, the candidate may correct the problem by amending
the declaration or petition within three days after the objection is sustained or by filing a new
declaration within three days after the objection is sustained.
(d) (i) The clerk's decision upon objections to form is final.
(ii) The clerk's decision upon substantive matters is reviewable by a district court if prompt
application is made to the district court.
(iii) The decision of the district court is final unless the Supreme Court, in the exercise of its
discretion, agrees to review the lower court decision.
(8) Any person who filed a declaration of candidacy and was nominated, and any person who
was nominated by a nomination petition, may, any time up to 23 days before the election, withdraw
the nomination by filing a written affidavit with the clerk.
Section 15. Section 20A-9-403 is amended to read:
20A-9-403. Regular primary elections.
(1) (a) The fourth Tuesday of June of each even-numbered year is designated as regular
primary election day.
(b) Each registered political party that chooses to use the primary election process to
nominate some or all of its candidates shall comply with the requirements of this section.
(2) (a) (i) Each registered political party that wishes to participate in the primary election shall
submit the names of its county candidates to the county clerks and the names of all of its candidates
to the lieutenant governor by 5 p.m. on May 13 of each even-numbered year.
(ii) By 5 p.m. on May 16 of each even-numbered year, the lieutenant governor shall send the
county clerks a certified list of the names of all statewide or multicounty candidates that must be
printed on the primary ballot.
(b) (i) Except as provided in Subsection (2)(b)(ii), if a registered political party does not wish
to participate in the primary election, it shall submit the names of its county candidates to the county
clerks and the names of all of its candidates to the lieutenant governor by 5 p.m. on May 30 of each
even-numbered year.
(ii) Notwithstanding Subsection (2)(b)(i), a registered political party's candidates for
President and Vice President of the United States shall be certified to the lieutenant governor as
provided in Subsection 20A-9-202 (4).
(c) Each political party shall certify the names of its presidential and vice presidential
candidates and presidential electors to the lieutenant governor's office by August 30 of each
presidential election year.
(3) The county clerk shall:
(a) review the declarations of candidacy filed by candidates for local boards of education to
determine if more than two candidates have filed for the same seat;
(b) place the names of all candidates who have filed a declaration of candidacy for a local
board of education seat on the nonpartisan section of the ballot if more than two candidates have filed
for the same seat; and
(c) conduct a lottery to determine the order of the candidates' names on the ballot.
(4) After the county clerk receives the certified list from a registered political party, the
county clerk shall post or publish a primary election notice in substantially the following form:
"Notice is given that a primary election will be held Tuesday, June ____, [
to nominate party candidates for the parties and nonpartisan offices listed on the primary ballot. The
polling place for voting precinct ____ is ____. The polls will open at 7 a.m. and continue open until
8 p.m. of the same day. Attest: county clerk".
(5) (a) Candidates receiving the highest number of votes cast for each office at the regular
primary election are nominated by their party or nonpartisan group for that office.
(b) If two or more candidates are to be elected to the office at the regular general election,
those party candidates equal in number to positions to be filled who receive the highest number of
votes at the regular primary election are the nominees of their party for those positions.
(6) (a) When a tie vote occurs in any primary election for any national, state, or other office
that represents more than one county, the governor, lieutenant governor, and attorney general shall,
at a public meeting called by the governor and in the presence of the candidates involved, select the
nominee by lot cast in whatever manner the governor determines.
(b) When a tie vote occurs in any primary election for any county office, the district court
judges of the district in which the county is located shall, at a public meeting called by the judges and
in the presence of the candidates involved, select the nominee by lot cast in whatever manner the
judges determine.
(7) The expense of providing all ballots, blanks, or other supplies to be used at any primary
election provided for by this section, and all expenses necessarily incurred in the preparation for or
the conduct of that primary election shall be paid out of the treasury of the county or state, in the
same manner as for the regular general elections.
Section 16. Section 20A-9-502 is amended to read:
20A-9-502. Certificate of nomination -- Contents -- Circulation -- Verification.
(1) The candidate shall:
(a) prepare a certificate of nomination in substantially the following form:
"State of Utah, County of
___________________________________________________
I, ______________, declare my intention of becoming an unaffiliated candidate for the
political group designated as ____ for the office of ____. I do solemnly swear that I can qualify to
hold that office both legally and constitutionally if selected, and that I reside at ____ Street, in the city
of ____, county of ____, state of Utah, zip code ____, phone ____, and that I am providing, or have
provided, the required number of signatures of registered voters required by law; that as a candidate
at the next election I will not knowingly violate any election or campaign law, and that I will qualify
for the office if I am elected to it.
__________________________________________
Subscribed and sworn to before me this [____ day of ______, 19__] ______(month\day\year).
__________________________________________
Notary Public (or other officer
qualified to administer oaths)"; and
(b) attach signature sheets to the certificate that contain a place for the registered voter's
signature, a place for the registered voter to print his name, and a place for the registered voter's
address.
(2) (a) The candidate shall circulate the nomination petition and submit it to the county clerk
for certification when the petition has been completed by:
(i) at least 1,000 registered voters residing within the state when the nomination is for an
office to be filled by the voters of the entire state; or
(ii) at least 300 registered voters residing within a political division when the nomination is
for an office to be filled by the voters of any political division smaller than the state.
(b) In reviewing the petition, the county clerk shall count and certify only those persons who
signed the petition who:
(i) are registered voters within the political division that the candidate seeks to represent; and
(ii) did not sign any other certificate of nomination for that office.
(c) The candidate may supplement or amend the certificate of nomination at any time on or
before the filing deadline.
Section 17. Section 21-6-3 is amended to read:
21-6-3. Verification of statement of fees.
The verification attached to such statements shall be substantially in the following form:
State of Utah, County of ____
I, [
the fee book in my office contains a true statement in detail of all fees and compensation of every kind
and nature for official services rendered by me, my deputies, and assistants for the (month or quarter)
ending ____, [
said (month or quarter) and since my last regular payment; that neither I, nor, to my knowledge or
belief, any of my deputies or assistants, has rendered any official service, except for the county or the
state, which is not fully set out in said fee book; and that the foregoing statement thereof is full and
correct.
______________
Subscribed and sworn to before me this [
__________(month\day\year).
Section 18. Section 47-2-4 is amended to read:
47-2-4. Elimination by the county executive -- Notice of intention.
The county executive may provide for the elimination of abandoned horses in the respective
counties in the following manner:
They shall cause notice to be published at least once a week for three successive weeks in
some newspaper of general circulation published in the county, and [
posted in at least five public places outside of the county seat on public highways in such county, and
in three public places at the county seat, one of which shall be at the front door of the courthouse.
The notices posted outside of the county seat shall be posted not less than two miles apart, and all
posted notices shall be posted at least 30 days before the date which the county executive shall fix
for the beginning of the elimination of abandoned horses from the range in such county as hereinafter
provided. If no newspaper is published in the county, publication in a newspaper shall not be
required.
[
Notice is hereby given that in accordance with the provisions of law the county executive of
____ County, Utah, will proceed to eliminate abandoned horses from the open range in said county,
and that beginning on [
held, and all abandoned horses running upon the open range will, under the direction and supervision
of the county executive, be eliminated. All owners of horses running upon the open range are hereby
given notice to file with the county executive a description of [
marks thereon.
Dated this [
By order of the county executive of ____ County, Utah.
_______________
County Clerk.
Section 19. Section 54-4-22 is amended to read:
54-4-22. Statements of valuations -- Affidavits -- Records of valuation.
The Public Service Commission must on or before the first day of December of each year
furnish every public utility doing business in the state of Utah whose rates are based on the valuation
of its properties or the amount of its investments with blank forms providing spaces for statements
of the valuation of all of the properties of the public utilities located within this state. Said blank forms
shall provide for whatever segregation or division of the values of said properties as the commission
may require.
Each blank form shall have affixed thereto an affidavit which must be substantially as follows:
"I, ____, do swear that I am ____ (position held), of the ____ (name of company), and that
as such I am in a position to know the valuations of both the tangible and intangible properties of the
____ (name of company), located in the state of Utah, and that to the best of my knowledge the
above figures represent the true valuations of said properties at [
day of January of the year [
Said affidavit in addition to the above must state the principal place of business of the public
utility and other information required by the commission.
The Public Service Commission shall require every public utility doing business within the
state of Utah whose rates are based on the valuation of its properties or the amount of its investments
to declare through its authorized agent on said blank forms the full value of all of the tangible and
intangible properties of said utility which are located within the state of Utah, and it shall furthermore
require that the valuation of the tangible properties be listed separately from the intangible properties.
In making [
decrease in values of [
declared true values accordingly.
[
be filed with the commission on or before a specific date each year to be determined by the
commission, and shall require the affidavit of [
duly qualified and acting officer of [
The Public Service Commission shall [
of Valuations of Utility Companies," in which must be entered the names of every person,
organization, or corporation engaged in any utility business in Utah together with the valuation of the
tangible and the valuation of the intangible properties of each of said person, organization, or
corporation as determined and declared by the duly qualified officers of said public utilities and as
declared and filed in accordance with the provisions of this section or as otherwise determined by the
commission according to law. The Public Service Commission shall accept the values filed as
provided herein unless otherwise changed by the commission upon evidence taken by and filed with
the commission as the true values of the tangible and the intangible properties of [
utility and [
return. Under no circumstances shall an increase in the rates of any public utility be found justified
by the commission if [
amount greater than a fair return on the value of the properties of [
the state of Utah as shown on the forms provided herein.
Section 20. Section 57-1-12 is amended to read:
57-1-12. Form of warranty deed -- Effect.
Conveyances of land may be substantially in the following form:
____ (here insert name), grantor, of ____ (insert place of residence), hereby conveys and
warrants to ____ (insert name), grantee, of ____ (insert place of residence), for the sum of ____
dollars, the following described tract ____ of land in ____ County, Utah, to wit: (here describe the
premises).
Witness the hand of said grantor this [
[
conveyance in fee simple to the grantee, his heirs and assigns, of the premises therein named, together
with all the appurtenances, rights, and privileges thereunto belonging, with covenants from the
grantor, his heirs, and personal representatives, that he is lawfully seised of the premises; that he has
good right to convey the same; that he guarantees the grantee, his heirs, and assigns in the quiet
possession thereof; that the premises are free from all encumbrances; and that the grantor, his heirs,
and personal representatives will forever warrant and defend the title thereof in the grantee, his heirs,
and assigns against all lawful claims whatsoever. Any exceptions to [
briefly inserted in [
Section 21. Section 57-1-13 is amended to read:
57-1-13. Form of quitclaim deed -- Effect.
Conveyances of land may also be substantially in the following form:
____ (here insert name), grantor, of ____ (insert place of residence), hereby quitclaims to
____ (insert name), grantee, of ____ (here insert place of residence), for the sum of ____ dollars, the
following described tract ____ of land in ____ County, Utah, to wit: (here describe the premises).
Witness the hand of said grantor this [
[
conveyance of all right, title, interest, and estate of the grantor in and to the premises therein
described and all rights, privileges, and appurtenances thereunto belonging, at the date of [
conveyance.
Section 22. Section 57-1-14 is amended to read:
57-1-14. Form of mortgage -- Effect.
A mortgage of land may be substantially in the following form:
____ (here insert name), mortgagor, of ____ (insert place of residence), hereby mortgages
to ____ (insert name), mortgagee, of ____ (insert place of residence), for the sum of ____ dollars,
the following described tract ____ of land in ____ County, Utah, to wit: (here describe the premises).
This mortgage is given to secure the following indebtedness (here state amount and form of
indebtedness, maturity, rate of interest, by and to whom payable, and where).
The mortgagor agrees to pay all taxes and assessments on said premises, and the sum of ____
dollars attorneys' fee in case of foreclosure.
Witness the hand of said mortgagor this [
__________(month\day\year).
[
of the land therein described, together with all the rights, privileges and appurtenances thereunto
belonging, to the mortgagee, his heirs, assigns, and legal representatives, as security for the payment
of the indebtedness thereon set forth, with covenants from the mortgagor of general warranty of title,
and that all taxes and assessments levied and assessed upon the land described, during the continuance
of the mortgage, will be paid previous to the day appointed for the sale of such lands for taxes; and
may be foreclosed as provided by law upon any default being made in any of the conditions thereof
as to payment of either principal, interest, taxes, or assessments.
Section 23. Section 57-1-22 is amended to read:
57-1-22. Successor trustees -- Appointment by beneficiary -- Effect -- Substitution of
trustee -- Recording -- Form.
(1) The beneficiary may appoint a successor trustee at any time by filing for record in the
office of the county recorder of each county in which the trust property or some part thereof is
situated, a substitution of trustee. From the time the substitution is filed for record, the new trustee
shall succeed to all the power, duties, authority, and title of the trustee named in the deed of trust and
of any successor trustee.
(2) The substitution shall:
(a) identify the trust deed by stating the names of the original parties thereto, the date of
recordation, and the book and page where the same is recorded or the entry number;
(b) include the legal description of the trust property;
(c) state the name of the new trustee; and
(d) be executed and acknowledged by all of the beneficiaries under the trust deed or their
successors in interest.
(3) If not previously recorded, at the time of recording the notice of default, the successor
trustee shall file for record the substitution of trustee, and a copy thereof shall be sent in the manner
provided in Section 57-1-26 to all persons to whom a copy of the notice of default would be required
to be mailed by Section 57-1-26 . In addition thereto, a copy shall be sent to the prior trustee by
regular mail to his last-known address.
(4) A substitution of trustee shall be sufficient if made in substantially the following form:
is hereby appointed successor trustee under the trust deed executed by ____ as trustor,
in which ____ is named beneficiary and ____ as trustee, and filed for record [
__________(month\day\year), and recorded in Book ____, Page ____, Records of ____ County, (or
filed for record [
County), Utah.
Signature _______________________
Section 24. Section 57-1-25 is amended to read:
57-1-25. Notice of trustee's sale -- Description of property -- Time and place of sale.
(1) The trustee shall give written notice of the time and place of sale particularly describing
the property to be sold:
(a) by publication of [
weeks, the last publication to be at least ten days but not more than 30 days prior to the sale, in some
newspaper having a general circulation in each county in which the property to be sold, or some part
thereof, is situated; and
(b) by posting [
place on the property to be sold and also in at least three public places of each city or county in which
the property to be sold, or some part thereof, is situated.
(2) The sale shall be held at the time and place designated in the notice of sale which shall be
between the hours of 9 a.m. and 5 p.m. and at the courthouse of the county in which the property
to be sold, or some part thereof, is situated.
(3) The notice of sale shall be sufficient if made in substantially the following form:
The following described property will be sold at public auction to the highest bidder,
payable in lawful money of the United States at the time of sale, at the ____ in ____, ____ County,
Utah, on [
foreclosing a trust deed executed by ____ and ____, his wife, as trustors, in favor of ____, covering
real property located at ____, and more particularly described as:
Dated [
_______________
Trustee
Section 25. Section 57-1-26 is amended to read:
57-1-26. Requests for copies of notice of default and notice of sale -- Mailing by trustee
or beneficiary -- Publication of notice of default.
(1) (a) Any person desiring a copy of any notice of default and of any notice of sale under
any trust deed may, at any time subsequent to the filing for record of the trust deed and prior to the
filing for record of a notice of default thereunder, file for record in the office of the county recorder
of any county in which any part or parcel of the trust property is situated, a duly acknowledged
request for a copy of any [
name and address of the person or persons requesting copies of such notices and shall identify the
trust deed by stating the names of the original parties thereto, the date of filing for record thereof, the
book and page where the same is recorded or the recorder's entry number, and the legal description
of the trust property. The request shall be in substantially the following form:
Request is hereby made that a copy of any notice of default and a copy of notice of sale under
the trust deed filed for record [
____, Page ____, Records of ____ County, (or filed for record [
__________(month\day\year), with recorder's entry number ____, _______ County), Utah, executed
by ____ as trustor, in which ____ is named as beneficiary and ____ as trustee, be mailed to ____
(insert name) ____ at ____ (insert address) __________
Signature ____________________
(b) Upon filing for record of [
request in the mortgagor's index, mortgagee's index, and abstract record. Except as provided in this
section, the trustee under any such deed of trust is not required to send notice of default or notice of
sale to any person not filing a request for notice as described herein.
(2) Not later than ten days after recordation of [
beneficiary shall mail, by certified or registered mail, with postage prepaid, a copy of such notice with
the recording date shown thereon, addressed to each person whose name and address are set forth
in a request therefor which has been recorded prior to the filing for record of the notice of default,
directed to the address designated in the request. At least 20 days before the date of sale, the trustee
shall mail, by certified or registered mail, with postage prepaid, a copy of the notice of the time and
place of sale, addressed to each person whose name and address are set forth in a request therefor
which has been recorded prior to the filing for record of the notice of default, directed to the address
designated in the request.
(3) Any trust deed may contain a request that a copy of any notice of default and a copy of
any notice of sale thereunder be mailed to any person a party thereto at the address of [
person set forth therein, and a copy of any notice of default and of any notice of sale shall be mailed
to each such person at the same time and in the same manner required as though a separate request
therefor had been filed by each of such persons as provided in this section.
(4) If no address of the trustor is set forth in the trust deed and if no request for notice by
[
be published at least three times, once a week for three consecutive weeks, in a newspaper of general
circulation in each county in which the trust property, or some part thereof, is situated, such
publication to commence not later than ten days after the filing for record of the notice of default.
In lieu of [
trustor within the ten days or at any time before publication is completed.
(5) No request for a copy of any notice filed for record pursuant to this section, nor any
statement or allegation in any such request, nor any record thereof, shall affect the title to trust
property or be [
of default or of notice of sale has or claims any right, title or interest in, or lien or claim upon, the
trust property.
Section 26. Section 57-1-31 is amended to read:
57-1-31. Trust deeds -- Default in performance of obligations secured -- Reinstatement
-- Cancellation of recorded notice of default.
(1) Whenever all or a portion of the principal sum of any obligation secured by a trust deed
has, prior to the maturity date fixed in [
reason of a breach or default in the performance of any obligation secured by the trust deed, including
a default in the payment of interest or of any installment of principal, or by reason of failure of the
trustor to pay, in accordance with the terms of the trust deed, taxes, assessments, premiums for
insurance, or advances made by the beneficiary in accordance with terms of [
of [
thereof or any other person having a subordinate lien or encumbrance of record thereon or any
beneficiary under a subordinate trust deed, at any time within three months of the filing for record of
notice of default under [
beneficiary or his successor in interest the entire amount then due under the terms of [
deed (including costs and expenses actually incurred in enforcing the terms of [
or trust deed, and the trustee's and attorney's fees actually incurred) other than [
of the principal as would not then be due had no default occurred, and thereby cure the default
theretofore existing and, thereupon, all proceedings theretofore had or instituted shall be dismissed
or discontinued and the obligation and trust deed shall be reinstated and shall be and remain in force
and effect the same as if no such acceleration had occurred.
(2) If the default is cured and the trust deed reinstated in the manner provided in Subsection
(1), the beneficiary, or his assignee, shall, on demand of any person having an interest in the trust
property, execute and deliver to him a request to the trustee to execute, acknowledge, and deliver
a cancellation of the recorded notice of default under [
a trust deed, or his assignee, who, for a period of 30 days after such demand, refuses to request the
trustee to execute and deliver [
for all damages resulting from [
or beneficiary, or both, or the execution of a trustee's deed constitutes a cancellation of a notice of
default. Otherwise, a cancellation of a recorded notice of default under a trust deed is, when
acknowledged, entitled to be recorded and is sufficient if made and executed by the trustee in
substantially the following form:
The undersigned hereby cancels the notice of default filed for record [
__________(month\day\year), and recorded in Book ____, Page ____, Records of ____ County, (or
filed of record[
County), Utah, which notice of default refers to the trust deed executed by ____ as trustor, in which
____ is named as beneficiary and ____ as trustee, and filed for record [
__________(month\day\year), and recorded in Book ____, Page ____, Records of ____ County, (or
filed of record [
County), Utah.
Signature of Trustee ______________________________________________________
Section 27. Section 57-2-13 is amended to read:
57-2-13. Form for certificate of proof.
The certificate of [
State of Utah, County of ____
On this [
appeared ____, personally known to me (or satisfactorily proved to me by the oath of ____, a
competent and credible witness for that purpose, by me duly sworn) to be the same person whose
name is subscribed to the above instrument as a witness thereto, who, being by me duly sworn,
deposed and said that he resides in ____, county of ____, and state of Utah; that he was present and
saw ____, personally known to him to be the signer of the above instrument as a party thereto, sign
and deliver the same, and heard him acknowledge that he executed the same, and that he, the
deponent, thereupon signed his name as a subscribing witness thereto at the request of said ____.
Section 28. Section 59-2-311 is amended to read:
59-2-311. Completion and delivery of assessment book -- Affidavit required --
Contents of affidavit.
Prior to May 22 each year, the assessor shall complete and deliver the assessment book to the
county auditor. The assessor shall subscribe an affidavit in the assessment book substantially as
follows:
I, ____, the assessor of ____ County, do swear that before May 22, [
made diligent inquiry and examination, and either personally or by deputy, established the value of
all of the property within the county subject to assessment by me; that the property has been assessed
on the assessment book equally and uniformly according to the best of my judgment, information, and
belief at its fair market value; that I have faithfully complied with all the duties imposed on the
assessor under the revenue laws including the requirements of Section 59-2-303.1 ; and that I have
not imposed any unjust or double assessments through malice or ill will or otherwise, or allowed
anyone to escape a just and equal assessment through favor or reward, or otherwise.
Section 29. Section 59-2-1339 is amended to read:
59-2-1339. Form of treasurer's certificate -- Contents of form.
(1) On or before March 15 the treasurer shall complete the official record of delinquent taxes
and attach the treasurer's certificate to the record. The certificate shall be substantially in the
following form:
State of Utah )
ss.
County of )
I, ____ county treasurer of the county of ____, state of Utah, do certify that to the best of my
knowledge the attached record is a full, true, and correct record and constitutes the official record
of all properties which became delinquent for the year [
the property appears on the assessment roll, the name of the person to whom the property is assessed,
the description of the delinquent parcel and a reference to the parcel, serial, or account number under
which the property was listed in the assessment roll, the amount of taxes, penalties, administrative
costs, the date of redemption, and by whom the property was redeemed if any redemption has been
made.
Signature ___________________
County Treasurer of __________ County
(2) The official record shall be maintained in the treasurer's office and shall include any
subsequent delinquent taxes, penalties, administrative costs, and redemptions pertaining to the
properties listed thereon.
Section 30. Section 59-2-1351 is amended to read:
59-2-1351. Sales by county -- Notice of tax sale -- Entries on record.
(1) (a) Upon receiving the tax sale listing from the county treasurer, the county auditor shall
select a date for the tax sale for all real property on which a delinquency exists that was not
previously redeemed and upon which the period of redemption is expiring in the nearest tax sale.
(b) The tax sale shall be conducted in May or June of the current year.
(2) Notice of the tax sale shall be provided as follows:
(a) sent by certified and first class mail to the last-known recorded owner, the occupant of
any improved property, and all other interests of record, as of the preceding March 15, at their
last-known address; and
(b) published four times in a newspaper published and having general circulation in the
county, once in each of four successive weeks immediately preceding the date of sale; or
(c) if no newspaper is published in the county, posted in five public places in the county, as
determined by the auditor, at least 25 but no more than 30 days prior to the date of sale.
(3) The notice shall be in substantially the following form:
Notice is hereby given that on [
__________(month\day\year), at __ o'clock __. m., at the front door of the county courthouse in
____ County, Utah, I will offer for sale at public auction and sell to the highest bidder for cash, under
the provisions of Section 59-2-1351.1 , the following described real property located in the county
and now delinquent and subject to tax sale. A bid for less than the total amount of taxes, interest,
penalty, and administrative costs which are a charge upon the real estate will not be accepted.
IN WITNESS WHEREOF I have hereunto set my hand and official seal [
_______________
County Auditor
_______________
County
(4) (a) The notice sent by certified mail in accordance with Subsection (2)(a) shall include:
(i) the name and last-known address of the last-known recorded owner of the property to be
sold;
(ii) the parcel, serial, or account number of the delinquent property; and
(iii) the legal description of the delinquent property.
(b) The notice published in a newspaper in accordance with Subsection (2)(b) shall include:
(i) the name and last-known address of the last-known recorded owner of each parcel of
property to be sold; and
(ii) the street address or the parcel, serial, or account number of the delinquent parcels.
Section 31. Section 59-2-1351.1 is amended to read:
59-2-1351.1. Tax sale -- Combining certain parcels -- Acceptable bids -- Deeds.
(1) (a) At the time specified in the notice the auditor shall:
(i) attend at the place appointed, offer for sale, and sell all real property for which an
acceptable bid is made; and
(ii) refuse to offer a parcel of real property for sale if the description of the real property is
so defective as to convey no title.
(b) The auditor may post at the place of sale a copy of the published list of real property to
be offered and cry the sale by reference to the list rather than crying each parcel separately.
(2) (a) The tax commission shall establish, by rule, minimum procedural standards applicable
to tax sales.
(b) For matters not addressed by commission rules, the county legislative body, upon
recommendation by the county auditor, shall establish procedures, by ordinance, for the sale of the
delinquent property that best protect the financial interest of the delinquent property owner and meet
the needs of local governments to collect delinquent property taxes due.
(3) The county governing body may authorize the auditor to combine for sale two or more
contiguous parcels owned by the same party when:
(a) the parcels are a single economic or functional unit;
(b) the combined sale will best protect the financial interests of the delinquent property
owner; and
(c) separate sales will reduce the economic value of the unit.
(4) The governing body may accept any of the following bids:
(a) the highest bid amount for the entire parcel of property, however, a bid may not be
accepted for an amount which is insufficient to pay the taxes, penalties, interest, and administrative
costs; or
(b) a bid in an amount sufficient to pay the taxes, penalties, interest, and administrative costs,
for less than the entire parcel.
(i) The bid which shall be accepted shall be the bid of the bidder who will pay in cash the full
amount of the taxes, penalties, interest, and administrative costs for the smallest portion of the entire
parcel.
(ii) The county auditor at the tax sale or the county legislative body following the tax sale
shall reject a bid to purchase a strip of property around the entire perimeter of the parcel, or a bid to
purchase a strip of the parcel which would prevent access to the remainder of the parcel by the
redemptive owner or otherwise unreasonably diminish the value of that remainder.
(iii) If the bid accepted is for less than the entire parcel, the auditor shall note the fact, with
a description of the property covered by the bid, upon the tax sale record and the balance of the
parcel not affected by the bid shall be considered to have been redeemed by the owner.
(5) The county legislative body may decide that none of the bids are acceptable.
(6) Once the county auditor has closed the sale of a particular parcel of property as a result
of accepting a bid on the parcel, the successful bidder or purchaser of the property may not
unilaterally rescind the bid. The county legislative body, after acceptance of a bid, may enforce the
terms of the bid by obtaining a legal judgment against the purchaser in the amount of the bid, plus
interest and attorney's fees.
(7) Any sale funds which are in excess of the amount required to satisfy the delinquent taxes,
penalties, interest, and administrative costs of the delinquent property shall be treated as unclaimed
property under Title 67, Chapter 4a, Unclaimed Property Act.
(8) All money received upon the sale of property made under this section shall be paid into
the county treasury, and the treasurer shall settle with the taxing entities as provided in Section
59-2-1366 .
(9) (a) The county auditor shall, after acceptance by the county governing body, and in the
name of the county, execute deeds conveying in fee simple all property sold at the public sale to the
purchaser and attest this with the auditor's seal. Deeds issued by the county auditor under this section
shall recite the following:
(i) the total amount of all the delinquent taxes, penalties, interest, and administrative costs
which were paid in for the execution and delivery of the deed;
(ii) the year for which the property was assessed, the year the property became delinquent,
and the year the property was subject to tax sale;
(iii) a full description of the property; and
(iv) the name of the grantee.
(b) When the deed is executed and delivered by the auditor, it shall be prima facie evidence
of the regularity of all proceedings subsequent to the date the taxes initially became delinquent and
of the conveyance of the property to the grantee in fee simple.
(c) The deed issued by the county auditor under this section shall be recorded by the county
recorder.
(d) The fee for the recording shall be included in the administrative costs of the sale.
(e) The deed shall be substantially in the following form:
____ County, a body corporate and politic of the state of Utah, grantor, hereby conveys to ____,
grantee, of ____ the following described real estate in ____ County, Utah:
This conveyance is made in consideration of payment by the grantee of $____, representing
the total amount owing for delinquent taxes, penalties, interest, and administrative costs constituting
a charge against the real property for nonpayment of general taxes assessed against it for the years
[
Dated [
(Auditor's Seal)
County _______________
By _______________
County Auditor
Section 32. Section 59-2-1351.3 is amended to read:
59-2-1351.3. No purchaser at tax sale -- Property struck off to county.
(1) Any property offered for sale for which there is no purchaser shall be struck off to the
county by the county auditor, who shall then:
(a) publicly declare substantially as follows: "All property here offered for sale which has not
been struck off to a private purchaser is hereby struck off and sold to the county of ____ (naming the
county), and I hereby declare the fee simple title of the property to be vested in the county";
(b) make an endorsement opposite each of the entries in the delinquency tax sale record
described in Section 59-2-1338 substantially as follows: "The fee simple title to the property
described in this entry in the year of [
payment of general taxes charged against the property"; and
(c) sign the auditor's name to the record.
(2) The fee simple title to the property shall then vest in the county.
(3) After following the procedures in Subsection (1), the auditor shall deposit the tax sale
record with the county recorder. The record shall become a part of the official records of the
recorder and is considered to have been recorded by the recorder.
(4) The recorder shall make the necessary entries in the index, abstract record, and plat book
showing the conveyance of all property sold and conveyed to the county pursuant to this section.
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