Download Zipped Introduced WP 8.0 SB0129.ZIP 63,756 Bytes
[Status][Bill Documents][Fiscal Note][Bills Directory]
S.B. 129
1
Y2K REVISORS - TECHNICAL CHANGES
2
2000 GENERAL SESSION
3
STATE OF UTAH
4
Sponsor: L. Steven Poulton
5
Leonard M. Blackham
6
Joseph L. Hull
Ed P. Mayne
Terry R. Spencer
Michael G. Waddoups
7
AN ACT RELATING TO STATE AFFAIRS; AMENDING REFERENCES FROM 1900.
8
This act affects sections of Utah Code Annotated 1953 as follows:
9
AMENDS:
10
7-3-3.2, as enacted by Chapter 267, Laws of Utah 1989
11
10-7-70, Utah Code Annotated 1953
12
11-14-6, as last amended by Chapter 45, Laws of Utah 1977
13
16-4-12, as last amended by Chapter 29, Laws of Utah 1961
14
17A-2-556, as renumbered and amended by Chapter 186, Laws of Utah 1990
15
20A-2-104, as last amended by Chapter 48, Laws of Utah 1999
16
20A-2-108, as last amended by Chapter 152, Laws of Utah 1995
17
20A-3-304, as last amended by Chapters 22 and 253, Laws of Utah 1999
18
20A-4-106, as last amended by Chapter 21, Laws of Utah 1999
19
20A-5-404, as enacted by Chapter 1, Laws of Utah 1993
20
20A-7-203, as last amended by Chapter 45, Laws of Utah 1999
21
20A-7-603, as last amended by Chapter 45, Laws of Utah 1999
22
20A-9-201, as last amended by Chapters 22 and 45, Laws of Utah 1999
23
20A-9-203, as last amended by Chapters 24 and 130, Laws of Utah 1997
24
20A-9-403, as last amended by Chapters 24, 182 and 184, Laws of Utah 1997
25
20A-9-502, as last amended by Chapter 45, Laws of Utah 1999
26
21-6-3, Utah Code Annotated 1953
27
47-2-4, as last amended by Chapter 227, Laws of Utah 1993
28
54-4-22, Utah Code Annotated 1953
29
57-1-12, Utah Code Annotated 1953
30
57-1-13, Utah Code Annotated 1953
31
57-1-14, Utah Code Annotated 1953
32
57-1-22, as last amended by Chapter 88, Laws of Utah 1989
33
57-1-25, as last amended by Chapter 88, Laws of Utah 1989
34
57-1-26, as last amended by Chapter 88, Laws of Utah 1989
35
57-1-31, as last amended by Chapter 68, Laws of Utah 1985
36
57-2-13, Utah Code Annotated 1953
37
59-2-311, as last amended by Chapter 271, Laws of Utah 1995
38
59-2-1339, as last amended by Chapter 181, Laws of Utah 1995
39
59-2-1351, as last amended by Chapters 181 and 299, Laws of Utah 1995
40
59-2-1351.1, as last amended by Chapter 79, Laws of Utah 1996
41
59-2-1351.3, as enacted by Chapter 181, Laws of Utah 1995
42
Be it enacted by the Legislature of the state of Utah:
43
Section 1.
Section
7-3-3.2
is amended to read:
44
7-3-3.2. Securities business permitted -- Activities conducted by subsidiary --
45
Disclosure statements required.
46
(1) A bank has all necessary and incidental powers to engage in the business of purchasing,
47
selling, underwriting, and dealing in securities, whether as a principal for its own account or as
48
agent or broker for a customer, subject to the limitations in this section.
49
(2) The securities business that a bank may conduct as a principal for its own account is
50
limited to the activities specified in Subsections (2)(a) through (d). A bank does not otherwise
51
have power to enter securities underwriting or act as a principal in issuance or marketing of
52
securities.
53
(a) A bank may purchase for investment and subsequently resell those types of securities
54
authorized by statute or rule of the commissioner, including, without limitation, shares purchased
55
in accordance with Section
7-3-21
and government or other securities lawfully acquired for the
56
investment or trading portfolio of the bank or any of its subsidiaries or affiliates in accordance with
57
any limitation established by any other federal or state statute, regulation, or rule.
58
(b) A bank may sell securities of any kind acquired in the ordinary course of business,
59
including, without limitation, through foreclosure on pledged securities.
60
(c) A bank may underwrite or deal in securities issued by a municipality, county, or other
61
local governmental entity or an agency of any such governmental entity, securities issued by a state
62
or any of its agencies, or securities issued by the federal government or any of its agencies.
63
(d) A bank may establish or underwrite the securities of registered investment companies
64
that are limited to operating or investing in money market funds or other short-term government
65
or corporate debt instruments.
66
(3) This section may not be interpreted to alter the traditional rights and powers of banks
67
to issue deposit instruments or similar instruments that acknowledge receipt of monies for
68
customers, even though the instruments may for some purposes be considered securities.
69
(4) Securities activities under this section, except those activities described in Subsections
70
(2)(a) and (b), shall be conducted only through a subsidiary. Any such subsidiary shall be
71
established pursuant to rules that the commissioner may adopt after notice and hearing. Any such
72
rules shall further define the standards by which a securities subsidiary of a bank may be
73
established and operated, including the requirement for registration, if required, as a broker-dealer
74
with state, federal, and self-regulatory agencies. In addition to other standards that may be
75
established by these rules, a bank may not invest more than 10% of its total capital in a securities
76
subsidiary. For purposes of that determination, total capital shall be calculated in accordance with
77
all other applicable statutes and rules of the commissioner, including the effect of loans from the
78
bank to the subsidiary, together with capital standards established by the Federal Deposit Insurance
79
Corporation. Every loan made by the bank to a securities subsidiary shall comply with applicable
80
state and federal laws. In all cases, each subsidiary shall maintain separate corporate and financial
81
records.
82
(5) Notwithstanding Subsection (4), a bank may enter into a networking agreement with
83
a registered broker-dealer for the provision of brokerage services to the bank's customers on the
84
bank's premises without the need to comply with Subsection (4), (6), or (7).
85
(6) The securities activities authorized by this section may be conducted from an
86
authorized banking office or from a separate office of a subsidiary, and may be offered to
87
customers in this state or in any other state, territory, or country, except to the extent such activities
88
are limited or prohibited by the laws of the other state, territory, or country.
89
(7) Before undertaking any of the direct or indirect securities activities permitted under this
90
section, except those authorized by Subsection (2)(a), a bank shall apply to the commissioner. The
91
commissioner shall render a decision of approval, conditional approval, or disapproval within 60
92
days from the date of receiving the application. Public notice is not required for any hearing on
93
the application that may be held. The commissioner shall satisfy himself before approving the
94
application that the bank possesses the managerial and financial resources necessary to conduct
95
the securities activities safely and soundly.
96
(8) In conducting securities activities, a bank shall in all respects comply, and cause its
97
securities subsidiary to comply, with the Utah Uniform Securities Act, the Securities Act of 1933,
98
the Securities Exchange Act of 1934, the Investment Company Act of 1940, and other applicable
99
statutes, regulations, and rules.
100
(9) In connection with each customer for which a bank or its securities subsidiary shall act
101
as agent or broker, the bank or the subsidiary, as applicable, shall give a written disclosure to its
102
customer prior to closing any single transaction or establishment of an account contemplating a
103
series of transactions. The disclosure statement shall be in legible print and shall be in
104
substantially the form shown in Subsection (9)(a) with respect to the bank and in Subsection (9)(b)
105
with respect to any securities subsidiary.
106
(a)
107
DISCLOSURE STATEMENT
108
The services offered by the securities department of this bank are offered to its customers
109
without regard to any other banking relationship. By signing below the customer acknowledges
110
receipt of this Disclosure Statement and agrees that any contract for securities services is
111
completely voluntary, and the selection of this bank for securities services has not been required
112
by any other business relationship or account with the bank.
113
[Dated this ______ day of ______________, 19__] __________(month/day/year).
114
CUSTOMER:
115
___________________________
116
___________________________
117
(b)
118
DISCLOSURE STATEMENT
119
_________________ (name of securities agency subsidiary) is a subsidiary of
120
______________ (name of bank). The services offered by _________________ (name of
121
subsidiary) are offered to its customers without regard to any separate banking relationship with
122
_______________ (name of bank). By signing below the customer acknowledges receipt of this
123
Disclosure Statement and agrees that any contract for services with _______________ (name of
124
subsidiary) is completely voluntary and the selection of _______________ (name of subsidiary)
125
for securities services has not been required by any business relationship with its parent bank.
126
[Dated this ______ day of ______________, 19__] __________(month/day/year).
127
CUSTOMER:
128
___________________________
129
___________________________
130
Section 2.
Section
10-7-70
is amended to read:
131
10-7-70. Corporate violation -- Summons -- Forms.
132
Whenever complaint is made against a corporation for violation of a city or town ordinance
133
summons shall be issued thereon substantially in the following form:
134
State of Utah,
135
County of __________
136
In the __________ court, in and for the city (or town) of __________, county of
137
__________ __________ city, (or town) __________
138
vs. __________
139
SUMMONS.
140
The state of Utah, to (naming the corporation):
141
You are hereby summoned to be and appear before the above entitled court at the
142
courtroom thereof on the __________ day of __________ at the hour of __________ o'clock __m.,
143
then and there to answer a charge made against you upon the complaint of __________ for
144
(designating the offense in general terms), a copy of which complaint is hereto attached.
145
[Dated this __________ day of __________, 19__] __________(month\day\year).
146
Witness:
147
The Honorable___________________________________________________________
148
Judge of said court.
149
______________________ Clerk
150
151
By_______________ Deputy Clerk.
152
In courts having a clerk the summons, with a copy of the complaint attached, shall be
153
signed by the clerk thereof, and in courts having no clerk the summons shall be signed by the judge
154
or justice thereof.
155
Section 3.
Section
11-14-6
is amended to read:
156
11-14-6. Election procedure.
157
(1) The qualifications as an elector of any person applying for a ballot at a bond election
158
may be challenged for cause by any one or more of the election officials or by any other person at
159
the time the ballot is applied for, but notwithstanding any challenge hereunder, any such person
160
shall receive a ballot and be permitted to vote if:
161
(a) [such] the person is shown on the registration lists as a registered voter in the
162
municipality or other entity calling the bond election[,]; and
163
(b) [such] the person takes an oath sworn to before one of the election officials that he is
164
a qualified elector of such municipality or entity.
165
(2) The oath referred to in Subsection (1) may, but need not, be in substantially the
166
following form:
167
ELECTOR'S OATH
168
STATE OF UTAH )
169
COUNTY OF ____________)
170
The undersigned, having been first duly sworn upon oath, deposes and says under the pains
171
and penalties of perjury, as follows:
172
That I am a citizen of the United States; that I am 18 years of age or older; that I am now
173
and have been a resident of the state of Utah for not less than 30 days; that I am a resident of ____
174
County and of the voting district or precinct of the (municipality or other entity calling the bond
175
election) in which I am offering to vote; that I am a duly registered voter of ____ County and I am
176
a qualified voter of and reside within the confines of (municipality or other entity calling the bond
177
election); and that I have not previously voted at the bond election being held on this [____ day
178
of ____, 19__] __________(month\day\year) in (municipality or other entity calling the bond
179
election).
180
____________________________________________________________
181
Signature of Elector
182
____________________________________________________________
183
Address of Elector
184
I, the undersigned, Judge of election, hereby certify that the person whose signature appears
185
above, signed the foregoing statement on this [____ day of ____, 19__]
186
__________(month\day\year), immediately after I administered to him an oath in the following
187
words: You do solemnly swear (or affirm) that you have read the oath to which you are about to
188
subscribe your signature and that the facts recited therein are true and correct, so help you God (or
189
under the pains and penalties of perjury).
190
____________________________________________________________
191
Judge of Election
192
Each election official is expressly authorized to administer [such] the oath.
193
(3) In the case of challenges made pursuant to Subsection (1), the election officials shall
194
keep a list of the names of each person challenged, the grounds for the challenge, and whether such
195
person was permitted to vote. [Such] The list shall be made in duplicate and the duplicate list shall
196
be made available to the governing body when it canvasses the election results.
197
(4) No bond election shall be held invalid on the grounds that unqualified voters voted
198
unless it shall be shown by clear and convincing evidence in a contest filed prior to the expiration
199
of the period in which bond election contest may be filed that unqualified voters in sufficient
200
numbers to change the result voted at the bond election. When the election results are canvassed
201
[such], the canvass shall show separately the number of votes which were challenged and the
202
number of challenged voters who were permitted to vote, but the votes cast by [such] the voters
203
shall be accepted as having been legally cast for purposes of determining the outcome of the
204
election, unless the court in a bond election contest shall find otherwise.
205
Section 4.
Section
16-4-12
is amended to read:
206
16-4-12. Notice of delinquency -- Form.
207
If any portion of the assessment mentioned in the notice remains unpaid on the day
208
specified therein when the stock shall be delinquent, the secretary shall, unless otherwise ordered
209
by the board of directors, cause to be published in the same newspapers in which the notice
210
hereinbefore provided for shall have been published a notice in the following form:
211
(Name of corporation in full; location of principal place of business). Notice. There are
212
delinquent upon the following described stock, on account of assessment levied on the [____ day
213
of ____, 19 __] __________(month/day/year), (and assessment levied previously thereto, if any)
214
the several amounts set opposite the names of the respective shareholders as follows: (Names,
215
number of certificate, number of shares, and amount) and in accordance with law, (and an order
216
of the board of directors made on the [____ day of ____, 19 __] __________(month/day/year), if
217
any such order shall have been made) so many shares of each parcel of [such] the stock as may be
218
necessary will be sold at the (particular place) on the [____ day of ____, 19 __]
219
__________(month/day/year), at the hour of ____, to pay the delinquent assessments thereon,
220
together with the cost of advertising and expenses of the sale. (Name of secretary, with location
221
of office).
222
Section 5.
Section
17A-2-556
is amended to read:
223
17A-2-556. Form of release and discharge.
224
[Such] The release and discharge shall be substantially in the following form:
225
Release and discharge from liability for payment of the bonded indebtedness of ____
226
drainage district in ____ county, Utah, and from the lien of the equalized assessment of benefits
227
and taxes and the benefit assessment roll.
228
Whereas, on the [____ day of ____, 19__] __________(month\day\year), ____ (the owner,
229
part owner, mortgagee or other lien holders, as the case may be) paid to the county treasurer of
230
____ county, (in lawful money of the United States, or bonds, notes, warrants or matured interest
231
coupons of the district, as the case may be) the sum of $____, being the total amount of the unpaid
232
drainage district equalized assessment of benefits and taxes levied and assessed against that certain
233
tract, lot or parcel of land located in ____ drainage district in ____ county, Utah, and particularly
234
bounded and described as follows, to wit: (Insert description of property) ____ and, ____.
235
Whereas, there is on file with the treasurer of this drainage district a receipt showing [such]
236
payment in full,
237
Now Therefore, in consideration of such payment and pursuant to law, the undersigned
238
drainage district does by these presents release and discharge the above described tract, lot or
239
parcel of land from the lien of and from the payment of all of the bonded indebtedness now
240
existing against the same, and from the payment of any bonds now issued or that may hereafter be
241
issued to refund the same, or any part thereof, and from the payment of any notes or warrants of
242
the district heretofore issued or that may hereafter be issued in payment of interest on [such] the
243
indebtedness or refunded indebtedness, and releases and discharges said tract, lot or parcel of land
244
from the payment of any of the unpaid equalized assessment of benefits and taxes levied or
245
assessed against the same and from the lien of the benefit assessment roll of said drainage district.
246
In Witness Whereof, the said drainage district has executed this instrument and caused its
247
corporate name and corporate seal to be hereunto affixed by its president and secretary this [____
248
day of ____ 19__] __________(month\day\year), pursuant to a resolution of its board of
249
supervisors.
250
Attest: ________________________________
251
(Name of drainage district.)
252
By ______________,
253
President
254
______________
255
Secretary.
256
Said written release and discharge may be acknowledged before any officer authorized to
257
take acknowledgments of deeds. The form of acknowledgment shall be substantially as follows:
258
State of Utah, ss.
259
County of ____
260
On the [____ day of ____, A. D. 19__] __________(month\day\year), personally appeared
261
before me ____, who being by me duly sworn, did say that he is the president of ____ drainage
262
district which executed the above and foregoing instrument and that said instrument was signed
263
in behalf of said drainage district by authority of a resolution of its board of supervisors, and said
264
____ acknowledged to me that said drainage district executed the same.
265
______________
266
Notary Public.
267
My Commission expires: ____(month\day\year)Residing at: ____.
268
Section 6.
Section
20A-2-104
is amended to read:
269
20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
270
(1) Every person applying to be registered shall complete a registration form printed in
271
substantially the following form:
272
----------------------------------------------------------------------------------------------------------------------
273
UTAH ELECTION REGISTRATION FORM
274
Name of Voter __________________________________________________________
275
First Middle Last
276
Driver License or Identification Card Number (optional)__________________________
277
Date of Birth ______________________________________________________
278
Street Address of Principal Place of Residence __________________________________
279
________________________________________________________________________
280
City County State Zip Code
281
Telephone Number (optional) _________________________
282
Last four digits of Social Security Number (optional) ______________________
283
Place of Birth _____________________________
284
Last former address at which I was registered to vote (if known)
285
________________________________________________________________________
286
City County State Zip Code
287
________________________________________________________________________
288
Voting Precinct (if known)
289
Political Party (optional) ___________________________________________________
290
I do swear (or affirm), subject to penalty of law for false statements, that the information
291
contained in this form is true, and that I am a citizen of the United States and a resident of the state
292
of Utah, residing at the above address. I will be at least 18 years old and will have resided in Utah
293
for 30 days immediately before the next election. I am not a convicted felon currently incarcerated
294
for commission of a felony.
295
Signed and sworn
296
__________________________________________________________
297
Voter's Signature
298
[Date _______________, 19 ______] __________(month/day/year).
299
NOTICE: IN ORDER TO VOTE, YOUR NAME MUST APPEAR IN THE OFFICIAL
300
REGISTER.
301
FOR OFFICIAL USE ONLY
302
Voting Precinct _________________________
303
Voting I.D. Number _____________________
304
------------------------------------------------------------------------------------------------------------------------
305
(2) The county clerk shall retain a copy in a permanent countywide alphabetical file, which
306
may be electronic or some other recognized system.
307
(3) (a) Each county clerk shall retain lists of currently registered voters.
308
(b) The lieutenant governor shall maintain a list of registered voters in electronic form.
309
(c) If there are any discrepancies between the two lists, the county clerk's list is the official
310
list.
311
(d) The lieutenant governor and the county clerks may charge the fees established under
312
the authority of Subsection
63-2-203
(10) to individuals who wish to obtain a copy of the list of
313
registered voters.
314
Section 7.
Section
20A-2-108
is amended to read:
315
20A-2-108. Driver license registration form -- Transmittal of information.
316
(1) The lieutenant governor and the Driver License Division shall design the driver license
317
application and renewal forms to include the question "if you are not registered to vote where you
318
live now, would you like to register to vote today?"
319
(2) (a) The lieutenant governor and the Driver License Division shall design a motor voter
320
registration form to be used in conjunction with driver license application and renewal forms.
321
(b) Each driver license application and renewal form shall contain:
322
(i) a place for the applicant to decline to register to vote;
323
(ii) an eligibility statement in substantially the following form:
324
"I do swear (or affirm), subject to penalty of law for false statements, that the information
325
contained in this form is true, and that I am a citizen of the United States and a resident of the state
326
of Utah, residing at the above address. I will be at least 18 years old and will have resided in Utah
327
for 30 days immediately before the next election.
328
Signed and sworn
329
___________________________________________________________
330
Voter's Signature
331
[Date.........., 19...] __________(month\day\year)";
332
(iii) a statement that if an applicant declines to register to vote, the fact that the applicant
333
has declined to register will remain confidential and will be used only for voter registration
334
purposes; and
335
(iv) a statement that if an applicant does register to vote, the office at which the applicant
336
submits a voter registration application will remain confidential and will be used only for voter
337
registration purposes.
338
Section 8.
Section
20A-3-304
is amended to read:
339
20A-3-304. Application for absentee ballot -- Time for filing and voting.
340
(1) As used in this section, "absent elector" means a person who:
341
(a) is physically, emotionally, or mentally impaired;
342
(b) will be serving as an election judge or who has election duties in another voting
343
precinct;
344
(c) is detained or incarcerated in a jail or prison as a penalty for committing a
345
misdemeanor;
346
(d) suffers a legal disability;
347
(e) is prevented from voting in a particular location because of religious tenets or other
348
strongly held personal values;
349
(f) is called for jury duty in state or federal court; or
350
(g) otherwise expects to be absent from the voting precinct during the hours the polls are
351
open on election day.
352
(2) A registered voter who is or will be an absent elector may file an absentee ballot
353
application with the appropriate election officer for an official absentee ballot.
354
(3) (a) Each election officer shall prepare blank applications for absentee ballot
355
applications in substantially the following form:
356
"I, ____ a qualified elector, in full possession of my mental faculties, residing at ____
357
Street, ____ City, ____ County, Utah and to my best knowledge and belief am entitled to vote by
358
absentee ballot at the next election.
359
I apply for an official absentee ballot to be voted by me at the election.
360
[Dated _______ 19____] __________(month\day\year) Signed ___________________________
361
Voter"
362
(b) If requested by the applicant, the election officer shall:
363
(i) mail or fax the application blank to the absentee voter; or
364
(ii) deliver the application blank to any voter who personally applies for it at the office of
365
the election officer.
366
(4) (a) (i) Except as provided in Subsections (4)(a)(ii) and (iii), the voters shall file the
367
application for an absentee ballot with the appropriate election officer no later than the Friday
368
before election day.
369
(ii) Overseas applicants shall file their applications with the appropriate election officer
370
no later than 20 days before the day of election.
371
(iii) Voters applying for an absentee ballot for the Western States Presidential Primary
372
shall file the application for an absentee ballot with the appropriate election officer not later than
373
the Tuesday before election day.
374
(b) Persons voting an absentee ballot at the office of the election officer shall apply for and
375
cast their ballot no later than the day before the election.
376
(5) (a) A county clerk may establish a permanent absentee voter list.
377
(b) The clerk shall place on the list the name of any person who:
378
(i) requests permanent absentee voter status; and
379
(ii) meets the requirements of this section.
380
(c) (i) Each year, the clerk shall mail a questionnaire to each person whose name is on the
381
absentee voter list.
382
(ii) The questionnaire shall allow the absentee person to verify the voter's residence and
383
inability to vote at the voting precinct on election day.
384
(iii) The clerk may remove the names of any voter from the absentee voter registration list
385
if:
386
(A) the voter is no longer listed in the official register; or
387
(B) the voter fails to verify the voter's residence and absentee status.
388
(d) The clerk shall provide a copy of the permanent absentee voter list to election officers
389
for use in elections.
390
Section 9.
Section
20A-4-106
is amended to read:
391
20A-4-106. Paper ballots -- Sealing.
392
(1) (a) (i) At all elections using paper ballots, as soon as the counting judges have read and
393
tallied the ballots, they shall string the counted, excess, and spoiled ballots on separate strings.
394
(ii) After the ballots are strung, they may not be examined by anyone, except when
395
examined during a recount conducted under the authority of Section
20A-4-401
.
396
(b) The judges shall carefully seal all of the strung ballots in a strong envelope.
397
(2) (a) For regular primary elections, after all the ballots have been counted, certified to,
398
and strung by the judges, they shall seal the ballots cast for each of the parties in separate
399
envelopes.
400
(b) The judges shall:
401
(i) seal each of the envelopes containing the votes of each of the political parties in one
402
large envelope; and
403
(ii) return that envelope to the county clerk.
404
(c) The judges shall:
405
(i) destroy the ballots in the blank ballot box; or
406
(ii) if directed to do so by the election officer, return them to the election officer for
407
destruction.
408
(3) As soon as the judges have counted all the votes and sealed the ballots they shall sign
409
and certify the pollbooks.
410
(4) (a) The judges, before they adjourn, shall:
411
(i) enclose and seal the official register, the posting book, the pollbook, all affidavits of
412
registration received by them, the ballot disposition form, the military and overseas absentee voter
413
registration and voting certificates, one of the tally sheets, and any unprocessed absentee ballots
414
in a strong envelope or pouch;
415
(ii) ensure that all counted ballots, all excess ballots, and all spoiled ballots have been
416
strung and placed in a separate envelope or pouch as required by Subsection (1);
417
(iii) place all unused ballots, all spoiled ballots, one tally list, and a copy of the ballot
418
disposition form in a separate envelope or pouch; and
419
(iv) place the total votes cast form and the judges' vouchers requesting compensation for
420
services rendered in a separate pouch.
421
(b) Before enclosing the official register in the envelope or pouch, the election judges shall
422
certify it substantially as follows:
423
"We, the undersigned, judges of election for precinct _______, (jurisdiction) _______,
424
Utah, certify that the required entries have been made for the election held [_______, 19__]
425
__________(month\day\year), including:
426
a list of the ballot numbers for each voter;
427
the voters' signatures, except where a judge has signed for the absentee voters;
428
a list of information surrounding a voter who is challenged,
429
including any affidavits; and
430
a notation for each time a voter was assisted with a ballot."
431
(5) Each judge shall:
432
(a) write his name across the seal of each envelope or pouch;
433
(b) mark on the exterior of the envelope or pouch:
434
(i) the word "ballots" or "returns" or "unused ballots," or other words plainly indicating
435
the contents of the packages; and
436
(ii) the number of the voting precinct.
437
Section 10.
Section
20A-5-404
is amended to read:
438
20A-5-404. Election forms -- Preparation and contents.
439
(1) For each election, the election officer:
440
(a) shall prepare, for each voting precinct, a:
441
(i) ballot disposition form;
442
(ii) total votes cast form;
443
(iii) tally sheet form; and
444
(iv) pollbook.
445
(b) For each election, the election officer shall:
446
(i) provide a copy of each form to each of those precincts using paper ballots; and
447
(ii) provide a copy of the ballot disposition form and a pollbook to each of those voting
448
precincts using an automated voting system.
449
(2) The election officer shall ensure that the ballot disposition form contains a space for
450
the judges to identify:
451
(a) the number of ballots voted;
452
(b) the number of substitute ballots voted, if any;
453
(c) the number of ballots delivered to the voters;
454
(d) the number of spoiled ballots;
455
(e) the number of registered voters listed in the official register;
456
(f) the total number of voters voting according to the pollbook; and
457
(g) the number of unused ballots.
458
(3) The election officer shall ensure that the total votes cast form contains:
459
(a) the name of each candidate appearing on the ballot, the office for which the candidate
460
is running, and a blank space for the election judges to record the number of votes that the
461
candidate received;
462
(b) for each office, blank spaces for the election judges to record the names of write-in
463
candidates, if any, and a blank space for the election judges to record the number of votes that the
464
write-in candidate received;
465
(c) a heading identifying each ballot proposition and blank spaces for the election judges
466
to record the number of votes for and against each proposition; and
467
(d) a certification, in substantially the following form, to be signed by the judges when
468
they have completed the total votes cast form:
469
"TOTAL VOTES CAST
470
At an election held at ____ in ____ voting precinct in ____________(name of entity
471
holding the election) and State of Utah, on [the ____ day of ____, in the year ____]
472
__________(month\day\year), the following named persons received the number of votes annexed
473
to their respective names for the following described offices: Total number of votes cast were as
474
follows:
475
Certified by us ____, ____, ____, Judges of Election."
476
(4) The election officer shall ensure that the tally sheet form contains:
477
(a) for each office, the names of the candidates for that office, and blank spaces to tally the
478
votes that each candidate receives;
479
(b) for each office, blank spaces for the election judges to record the names of write-in
480
candidates, if any, and a blank space for the election judges to tally the votes for each write-in
481
candidate;
482
(c) for each ballot proposition, a heading identifying the ballot proposition and the words
483
"Yes" and "No" or "For" and "Against" on separate lines with blank spaces after each of them for
484
the election judges to tally the ballot proposition votes; and
485
(d) a certification, in substantially the following form, to be signed by the judges when
486
they have completed the tally sheet form:
487
"Tally Sheet
488
We the undersigned election judges for voting precinct #________________,
489
_______________(entity holding the election) certify that this is a true and correct list of all
490
persons voted for and ballot propositions voted on at the election held in that voting precinct on
491
_______________________(date of election) and is a tally of the votes cast for each of those
492
persons. Certified by us ____, ____, ____, Judges of Election."
493
(5) The election officer shall ensure that the pollbook:
494
(a) identifies the voting precinct number on its face; and
495
(b) contains:
496
(i) a section to record persons voting on election day, with columns entitled "Ballot
497
Number" and "Voter's Name";
498
(ii) another section in which to record absentee ballots;
499
(iii) a section in which to record voters who are challenged; and
500
(iv) a certification, in substantially the following form:
501
"We, the undersigned, judges of an election held at ______ voting precinct, in _______
502
County, state of Utah, on [the ____ day of ____, 19__] __________(month\day\year), having first
503
been sworn according to law, certify that the information listed in this book is a true statement of
504
the number and names of the persons voting in the voting precinct at the election, and that the total
505
number of persons voting at the election was ____."
506
_____________________________
507
_____________________________
508
_____________________________
509
Judges of Election
510
Section 11.
Section
20A-7-203
is amended to read:
511
20A-7-203. Form of initiative petition and signature sheets.
512
(1) (a) Each proposed initiative petition shall be printed in substantially the following
513
form:
514
"INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
515
We, the undersigned citizens of Utah, respectfully demand that the following proposed law
516
be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the regular
517
general election/session to be held/ beginning on [the ____ day of ____, 19__]
518
__________(month\day\year);
519
Each signer says:
520
I have personally signed this petition;
521
I am registered to vote in Utah or intend to become registered to vote in Utah before the
522
certification of the petition names by the county clerk; and
523
My residence and post office address are written correctly after my name."
524
(b) The sponsors of an initiative shall attach a copy of the proposed law to each initiative
525
petition.
526
(2) Each signature sheet shall:
527
(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
528
(b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
529
blank for the purpose of binding;
530
(c) contain the title of the initiative printed below the horizontal line;
531
(d) contain the word "Warning" printed or typed at the top of each signature sheet under
532
the title of the initiative;
533
(e) contain, to the right of the word "Warning," the following statement printed or typed
534
in not less than eight-point, single leaded type:
535
"It is a class A misdemeanor for anyone to sign any initiative petition with any other name
536
than his own, or knowingly to sign his name more than once for the same measure, or to sign an
537
initiative petition when he knows he is not a registered voter and knows that he does not intend
538
to become registered to vote before the certification of the petition names by the county clerk.";
539
(f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
540
by this section; and
541
(g) be vertically divided into columns as follows:
542
(i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
543
headed with "For Office Use Only," and be subdivided with a light vertical line down the middle
544
with the left subdivision entitled "Registered" and the right subdivision left untitled;
545
(ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
546
(must be legible to be counted)";
547
(iii) the next column shall be three inches wide, headed "Signature of Registered Voter";
548
and
549
(iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code".
550
(3) The final page of each initiative packet shall contain the following printed or typed
551
statement:
552
"Verification
553
State of Utah, County of ____
554
I, _______________, of ____, hereby state that:
555
I am a resident of Utah;
556
All the names that appear in this packet were signed by persons who professed to be the
557
persons whose names appear in it, and each of them signed his name on it in my presence;
558
I believe that each has printed and signed his name and written his post office address and
559
residence correctly, and that each signer is registered to vote in Utah or intends to become
560
registered to vote before the certification of the petition names by the county clerk.
561
________________________________________________________________________
562
(Name) (Residence Address) (Date)"
563
(4) The forms prescribed in this section are not mandatory, and, if substantially followed,
564
the initiative petitions are sufficient, notwithstanding clerical and merely technical errors.
565
Section 12.
Section
20A-7-603
is amended to read:
566
20A-7-603. Form of referendum petition and signature sheets.
567
(1) (a) Each proposed referendum petition shall be printed in substantially the following
568
form:
569
"REFERENDUM PETITION To the Honorable ____, County Clerk/City Recorder/Town
570
Clerk:
571
We, the undersigned citizens of Utah, respectfully order that Ordinance No. ____, entitled
572
(title of ordinance, and, if the petition is against less than the whole ordinance, set forth here the
573
part or parts on which the referendum is sought), passed by the ____ be referred to the voters for
574
their approval or rejection at the regular/municipal general election to be held on [the ____ day of
575
____, 19__] __________(month\day\year);
576
Each signer says:
577
I have personally signed this petition;
578
I am registered to vote in Utah or intend to become registered to vote in Utah before the
579
certification of the petition names by the county clerk; and
580
My residence and post office address are written correctly after my name."
581
(b) The sponsors of a referendum shall attach a copy of the law that is the subject of the
582
referendum to each referendum petition.
583
(2) Each signature sheet shall:
584
(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
585
(b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
586
blank for the purpose of binding;
587
(c) contain the title of the referendum printed below the horizontal line;
588
(d) contain the word "Warning" printed or typed at the top of each signature sheet under
589
the title of the referendum;
590
(e) contain, to the right of the word "Warning," the following statement printed or typed
591
in not less than eight-point, single leaded type:
592
"It is a class A misdemeanor for anyone to sign any referendum petition with any other
593
name than his own, or knowingly to sign his name more than once for the same measure, or to sign
594
a referendum petition when he knows he is not a registered voter and knows that he does not intend
595
to become registered to vote before the certification of the petition names by the county clerk.";
596
(f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
597
by this section;
598
(g) be vertically divided into columns as follows:
599
(i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
600
headed with "For Office Use Only," and be subdivided with a light vertical line down the middle;
601
(ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
602
(must be legible to be counted)";
603
(iii) the next column shall be three inches wide, headed "Signature of Registered Voter";
604
and
605
(iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code";
606
and
607
(h) contain the following statement, printed or typed upon the back of each sheet:
608
"Verification
609
State of Utah, County of ____
610
I, _______________, of ____, hereby state that:
611
I am a resident of Utah;
612
All the names that appear on this sheet were signed by persons who professed to be the
613
persons whose names appear in it, and each of them signed his name on it in my presence;
614
I believe that each has printed and signed his name and written his post office address and
615
residence correctly, and that each signer is registered to vote in Utah or intends to become
616
registered to vote before the certification of the petition names by the county clerk.
617
_____________________________"
618
(3) The forms prescribed in this section are not mandatory, and, if substantially followed,
619
the referendum petitions are sufficient, notwithstanding clerical and merely technical errors.
620
Section 13.
Section
20A-9-201
is amended to read:
621
20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
622
more than one political party prohibited with exceptions -- General filing and form
623
requirements.
624
(1) Before filing a declaration of candidacy for election to any office, a person shall:
625
(a) be a United States citizen; and
626
(b) meet the legal requirements of that office.
627
(2) (a) Except as provided in Subsection (2)(b), a person may not:
628
(i) file a declaration of candidacy for, or be a candidate for, more than one office in Utah
629
during any election year; or
630
(ii) appear on the ballot as the candidate of more than one political party.
631
(b) A person may file a declaration of candidacy for, or be a candidate for, President or
632
Vice President of the United States and another office, if the person resigns the person's candidacy
633
for the other office after the person is officially nominated for President or Vice President of the
634
United States.
635
(3) If the final date established for filing a declaration of candidacy is a Saturday or
636
Sunday, the filing time shall be extended until 5 p.m. on the following Monday.
637
(4) (a) (i) Except for presidential candidates, before the filing officer may accept any
638
declaration of candidacy, the filing officer shall:
639
(A) read to the prospective candidate the constitutional and statutory qualification
640
requirements for the office that the candidate is seeking; and
641
(B) require the candidate to state whether or not the candidate meets those requirements.
642
(ii) Before accepting a declaration of candidacy for the office of county attorney, the
643
county clerk shall ensure that the person filing that declaration of candidacy is:
644
(A) a United States citizen;
645
(B) an attorney licensed to practice law in Utah who is an active member in good standing
646
of the Utah State Bar;
647
(C) a registered voter in the county in which he is seeking office; and
648
(D) a current resident of the county in which he is seeking office and either has been a
649
resident of that county for at least one year or was appointed and is currently serving as county
650
attorney and became a resident of the county within 30 days after appointment to the office.
651
(iii) Before accepting a declaration of candidacy for the office of district attorney, the
652
county clerk shall ensure that, as of the date of the election, the person filing that declaration of
653
candidacy is:
654
(A) a United States citizen;
655
(B) an attorney licensed to practice law in Utah who is an active member in good standing
656
of the Utah State Bar;
657
(C) a registered voter in the prosecution district in which he is seeking office; and
658
(D) a current resident of the prosecution district in which he is seeking office and either
659
will have been a resident of that prosecution district for at least one year as of the date of the
660
election or was appointed and is currently serving as district attorney and became a resident of the
661
prosecution district within 30 days after receiving appointment to the office.
662
(b) If the prospective candidate states that he does not meet the qualification requirements
663
for the office, the filing officer may not accept the prospective candidate's declaration of candidacy.
664
(c) If the candidate states that he meets the requirements of candidacy, the filing officer
665
shall:
666
(i) accept the candidate's declaration of candidacy; and
667
(ii) if the candidate has filed for a partisan office, provide a certified copy of the
668
declaration of candidacy to the chair of the county or state political party of which the candidate
669
is a member.
670
(5) Except for presidential candidates, the form of the declaration of candidacy shall be
671
substantially as follows:
672
"State of Utah, County of ____
673
I, ______________, declare my intention of becoming a candidate for the office of ____
674
as a candidate for the ____ party. I do solemnly swear that: I can qualify to hold that office, both
675
legally and constitutionally, if selected; I reside at _____________ in the City or Town of ____,
676
Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law governing campaigns
677
and elections; and I will qualify for the office if elected to it. The mailing address that I designate
678
for receiving official election notices is ___________________________.
679
____________________________________________________________________
680
Subscribed and sworn before me this [____ day of ____, 19__]
681
__________(month\day\year).
682
_________________________________________________
683
Notary Public (or other officer qualified to administer oath.)"
684
(6) (a) Except for presidential candidates, the fee for filing a declaration of candidacy is:
685
(i) $25 for candidates for the local school district board; and
686
(ii) 1/8 of 1% of the total salary for the full term of office legally paid to the person holding
687
the office, but not less than $5, for all other federal, state, and county offices.
688
(b) Except for presidential candidates, the filing officer shall refund the filing fee to any
689
candidate:
690
(i) who is disqualified; or
691
(ii) who the filing officer determines has filed improperly.
692
(c) (i) The county clerk shall immediately pay to the county treasurer all fees received from
693
candidates.
694
(ii) The lieutenant governor shall:
695
(A) apportion to and pay to the county treasurers of the various counties all fees received
696
for filing of nomination certificates or acceptances; and
697
(B) ensure that each county receives that proportion of the total amount paid to the
698
lieutenant governor from the congressional district that the total vote of that county for all
699
candidates for representative in Congress bears to the total vote of all counties within the
700
congressional district for all candidates for representative in Congress.
701
(d) (i) Each person who is unable to pay the filing fee may file a declaration of candidacy
702
without payment upon a prima facie showing of impecuniosity as evidenced by an affidavit of
703
impecuniosity filed with the filing officer.
704
(ii) The filing officer shall ensure that the affidavit of impecuniosity is printed in
705
substantially the following form:
706
"Affidavit of Impecuniosity
707
Individual Name ____________________________Address_____________________________
708
Phone Number _________________
709
I,__________________________(name), do solemnly [swear] [affirm] that, owing to my poverty,
710
I am unable to pay the filing fee required by law.
711
Date ______________ Signature________________________________________________
712
Affiant
713
Subscribed and sworn to before me on ___________[(date)] (month\day\year)
714
______________________
715
(signature)
716
Name and Title of Officer Authorized to Administer Oath:"
717
(7) Any person who fails to file a declaration of candidacy or certificate of nomination
718
within the time provided in this chapter is ineligible for nomination to office.
719
Section 14.
Section
20A-9-203
is amended to read:
720
20A-9-203. Declarations of candidacy -- Municipal general elections.
721
(1) (a) A person may become a candidate for any municipal office if the person is a
722
registered voter and:
723
(i) the person has resided within the municipality in which that person seeks to hold
724
elective office for the 12 consecutive months immediately before the date of the election; or
725
(ii) if the territory in which the person resides was annexed into the municipality, the
726
person has resided within the annexed territory or the municipality for 12 months.
727
(b) In addition to the requirements of Subsection (1)(a), candidates for a municipal council
728
position under the council-mayor or council-manager alternative forms of municipal government
729
shall, if elected from districts, be residents of the council district from which they are elected.
730
(2) (a) Each person seeking to become a candidate for a municipal office shall file a
731
declaration of candidacy in person with the city recorder or town clerk during office hours and not
732
later than 5 p.m. between July 15 and August 15 of any odd numbered year and pay the filing fee,
733
if one is required by municipal ordinance.
734
(b) Any resident of a municipality may nominate a candidate for a municipal office by
735
filing a nomination petition with the city recorder or town clerk during office hours but not later
736
than 5 p.m. between July 15 and August 15 of any odd numbered year and pay the filing fee, if
737
one is required by municipal ordinance.
738
(c) When August 15 is a Saturday or Sunday, the filing time shall be extended until 5 p.m.
739
on the following Monday.
740
(3) (a) Before the filing officer may accept any declaration of candidacy or nomination
741
petition, the filing officer shall:
742
(i) read to the prospective candidate or person filing the petition the constitutional and
743
statutory qualification requirements for the office that the candidate is seeking; and
744
(ii) require the candidate or person filing the petition to state whether or not the candidate
745
meets those requirements.
746
(b) If the prospective candidate does not meet the qualification requirements for the office,
747
the filing officer may not accept the declaration of candidacy or nomination petition.
748
(c) If it appears that the prospective candidate meets the requirements of candidacy, the
749
filing officer shall accept the declaration of candidacy or nomination petition.
750
(4) The declaration of candidacy shall substantially comply with the following form:
751
"I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
752
County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
753
registered voter; and that I am a candidate for the office of ____ (stating the term). I request that
754
my name be printed upon the applicable official ballots. (Signed) _______________
755
Subscribed and sworn to (or affirmed) before me by ____ on this [____ day of ____, 19__]
756
__________(month\day\year).
757
(Signed) _______________ (Clerk or Notary Public)"
758
(5) (a) Any registered voter may be nominated for municipal office by submitting a
759
petition signed by:
760
(i) 25 residents of the municipality who are at least 18 years old; or
761
(ii) 20% of the residents of the municipality who are at least 18 years old.
762
(b) (i) The petition shall substantially conform to the following form:
763
"NOMINATION PETITION
764
The undersigned residents of (name of municipality) being 18 years old or older nominate
765
(name of nominee) to the office of ____ for the (two or four-year term, whichever is applicable)."
766
(ii) The remainder of the petition shall contain lines and columns for the signatures of
767
persons signing the petition and their addresses and telephone numbers.
768
(c) If the declaration of candidacy or nomination petition fails to state whether the
769
nomination is for the two or four-year term, the clerk shall consider the nomination to be for the
770
four-year term.
771
(d) (i) The clerk shall verify with the county clerk that all candidates are registered voters.
772
(ii) Any candidate who is not registered to vote is disqualified and the clerk may not print
773
the candidate's name on the ballot.
774
(6) Immediately after expiration of the period for filing a declaration of candidacy, the
775
clerk shall:
776
(a) cause the names of the candidates as they will appear on the ballot to be published in
777
at least two successive publications of a newspaper with general circulation in the municipality;
778
and
779
(b) notify the lieutenant governor of the names of the candidates as they will appear on the
780
ballot.
781
(7) (a) A declaration of candidacy or nomination petition filed under this section is valid
782
unless a written objection is filed with the clerk within five days after the last day for filing.
783
(b) If an objection is made, the clerk shall:
784
(i) mail or personally deliver notice of the objection to the affected candidate immediately;
785
and
786
(ii) decide any objection within 48 hours after it is filed.
787
(c) If the clerk sustains the objection, the candidate may correct the problem by amending
788
the declaration or petition within three days after the objection is sustained or by filing a new
789
declaration within three days after the objection is sustained.
790
(d) (i) The clerk's decision upon objections to form is final.
791
(ii) The clerk's decision upon substantive matters is reviewable by a district court if prompt
792
application is made to the district court.
793
(iii) The decision of the district court is final unless the Supreme Court, in the exercise of
794
its discretion, agrees to review the lower court decision.
795
(8) Any person who filed a declaration of candidacy and was nominated, and any person
796
who was nominated by a nomination petition, may, any time up to 23 days before the election,
797
withdraw the nomination by filing a written affidavit with the clerk.
798
Section 15.
Section
20A-9-403
is amended to read:
799
20A-9-403. Regular primary elections.
800
(1) (a) The fourth Tuesday of June of each even-numbered year is designated as regular
801
primary election day.
802
(b) Each registered political party that chooses to use the primary election process to
803
nominate some or all of its candidates shall comply with the requirements of this section.
804
(2) (a) (i) Each registered political party that wishes to participate in the primary election
805
shall submit the names of its county candidates to the county clerks and the names of all of its
806
candidates to the lieutenant governor by 5 p.m. on May 13 of each even-numbered year.
807
(ii) By 5 p.m. on May 16 of each even-numbered year, the lieutenant governor shall send
808
the county clerks a certified list of the names of all statewide or multicounty candidates that must
809
be printed on the primary ballot.
810
(b) (i) Except as provided in Subsection (2)(b)(ii), if a registered political party does not
811
wish to participate in the primary election, it shall submit the names of its county candidates to the
812
county clerks and the names of all of its candidates to the lieutenant governor by 5 p.m. on May
813
30 of each even-numbered year.
814
(ii) Notwithstanding Subsection (2)(b)(i), a registered political party's candidates for
815
President and Vice President of the United States shall be certified to the lieutenant governor as
816
provided in Subsection
20A-9-202
(4).
817
(c) Each political party shall certify the names of its presidential and vice presidential
818
candidates and presidential electors to the lieutenant governor's office by August 30 of each
819
presidential election year.
820
(3) The county clerk shall:
821
(a) review the declarations of candidacy filed by candidates for local boards of education
822
to determine if more than two candidates have filed for the same seat;
823
(b) place the names of all candidates who have filed a declaration of candidacy for a local
824
board of education seat on the nonpartisan section of the ballot if more than two candidates have
825
filed for the same seat; and
826
(c) conduct a lottery to determine the order of the candidates' names on the ballot.
827
(4) After the county clerk receives the certified list from a registered political party, the
828
county clerk shall post or publish a primary election notice in substantially the following form:
829
"Notice is given that a primary election will be held Tuesday, June ____, [19__]
830
____(year), to nominate party candidates for the parties and nonpartisan offices listed on the
831
primary ballot. The polling place for voting precinct ____ is ____. The polls will open at 7 a.m.
832
and continue open until 8 p.m. of the same day. Attest: county clerk".
833
(5) (a) Candidates receiving the highest number of votes cast for each office at the regular
834
primary election are nominated by their party or nonpartisan group for that office.
835
(b) If two or more candidates are to be elected to the office at the regular general election,
836
those party candidates equal in number to positions to be filled who receive the highest number
837
of votes at the regular primary election are the nominees of their party for those positions.
838
(6) (a) When a tie vote occurs in any primary election for any national, state, or other office
839
that represents more than one county, the governor, lieutenant governor, and attorney general shall,
840
at a public meeting called by the governor and in the presence of the candidates involved, select
841
the nominee by lot cast in whatever manner the governor determines.
842
(b) When a tie vote occurs in any primary election for any county office, the district court
843
judges of the district in which the county is located shall, at a public meeting called by the judges
844
and in the presence of the candidates involved, select the nominee by lot cast in whatever manner
845
the judges determine.
846
(7) The expense of providing all ballots, blanks, or other supplies to be used at any primary
847
election provided for by this section, and all expenses necessarily incurred in the preparation for
848
or the conduct of that primary election shall be paid out of the treasury of the county or state, in
849
the same manner as for the regular general elections.
850
Section 16.
Section
20A-9-502
is amended to read:
851
20A-9-502. Certificate of nomination -- Contents -- Circulation -- Verification.
852
(1) The candidate shall:
853
(a) prepare a certificate of nomination in substantially the following form:
854
"State of Utah, County of ___________________________________________________
855
I, ______________, declare my intention of becoming an unaffiliated candidate for the
856
political group designated as ____ for the office of ____. I do solemnly swear that I can qualify
857
to hold that office both legally and constitutionally if selected, and that I reside at ____ Street, in
858
the city of ____, county of ____, state of Utah, zip code ____, phone ____, and that I am
859
providing, or have provided, the required number of signatures of registered voters required by
860
law; that as a candidate at the next election I will not knowingly violate any election or campaign
861
law, and that I will qualify for the office if I am elected to it.
862
__________________________________________
863
Subscribed and sworn to before me this [____ day of ______, 19__] ______(month\day\year).
864
__________________________________________
865
Notary Public (or other officer
866
qualified to administer oaths)"; and
867
(b) attach signature sheets to the certificate that contain a place for the registered voter's
868
signature, a place for the registered voter to print his name, and a place for the registered voter's
869
address.
870
(2) (a) The candidate shall circulate the nomination petition and submit it to the county
871
clerk for certification when the petition has been completed by:
872
(i) at least 1,000 registered voters residing within the state when the nomination is for an
873
office to be filled by the voters of the entire state; or
874
(ii) at least 300 registered voters residing within a political division when the nomination
875
is for an office to be filled by the voters of any political division smaller than the state.
876
(b) In reviewing the petition, the county clerk shall count and certify only those persons
877
who signed the petition who:
878
(i) are registered voters within the political division that the candidate seeks to represent;
879
and
880
(ii) did not sign any other certificate of nomination for that office.
881
(c) The candidate may supplement or amend the certificate of nomination at any time on
882
or before the filing deadline.
883
Section 17.
Section
21-6-3
is amended to read:
884
21-6-3. Verification of statement of fees.
885
The verification attached to such statements shall be substantially in the following form:
886
State of Utah, County of ____
887
I, [A B] ______________, county clerk (or other officer, as the case may be), do swear that
888
the fee book in my office contains a true statement in detail of all fees and compensation of every
889
kind and nature for official services rendered by me, my deputies, and assistants for the (month or
890
quarter) ending ____, [19__] ____(year); that said fee book shows the full amount received or
891
chargeable in said (month or quarter) and since my last regular payment; that neither I, nor, to my
892
knowledge or belief, any of my deputies or assistants, has rendered any official service, except for
893
the county or the state, which is not fully set out in said fee book; and that the foregoing statement
894
thereof is full and correct.
895
______________
896
Subscribed and sworn to before me this [____ day of ____, 19__]
897
__________(month\day\year).
898
Section 18.
Section
47-2-4
is amended to read:
899
47-2-4. Elimination by the county executive -- Notice of intention.
900
The county executive may provide for the elimination of abandoned horses in the
901
respective counties in the following manner:
902
They shall cause notice to be published at least once a week for three successive weeks in
903
some newspaper of general circulation published in the county, and [such] the notice shall also be
904
posted in at least five public places outside of the county seat on public highways in such county,
905
and in three public places at the county seat, one of which shall be at the front door of the
906
courthouse. The notices posted outside of the county seat shall be posted not less than two miles
907
apart, and all posted notices shall be posted at least 30 days before the date which the county
908
executive shall fix for the beginning of the elimination of abandoned horses from the range in such
909
county as hereinafter provided. If no newspaper is published in the county, publication in a
910
newspaper shall not be required.
911
[Such] The notice shall be substantially in the following form:
912
Notice is hereby given that in accordance with the provisions of law the county executive
913
of ____ County, Utah, will proceed to eliminate abandoned horses from the open range in said
914
county, and that beginning on [the ____ day of ____, 19__] __________(month\day\year), a drive
915
will be held, and all abandoned horses running upon the open range will, under the direction and
916
supervision of the county executive, be eliminated. All owners of horses running upon the open
917
range are hereby given notice to file with the county executive a description of [such] the horses,
918
and the brands or marks thereon.
919
Dated this [____ day of ____, 19__] __________(month\day\year).
920
By order of the county executive of ____ County, Utah.
921
_______________
922
County Clerk.
923
Section 19.
Section
54-4-22
is amended to read:
924
54-4-22. Statements of valuations -- Affidavits -- Records of valuation.
925
The Public Service Commission must on or before the first day of December of each year
926
furnish every public utility doing business in the state of Utah whose rates are based on the
927
valuation of its properties or the amount of its investments with blank forms providing spaces for
928
statements of the valuation of all of the properties of the public utilities located within this state.
929
Said blank forms shall provide for whatever segregation or division of the values of said properties
930
as the commission may require.
931
Each blank form shall have affixed thereto an affidavit which must be substantially as
932
follows:
933
"I, ____, do swear that I am ____ (position held), of the ____ (name of company), and that
934
as such I am in a position to know the valuations of both the tangible and intangible properties of
935
the ____ (name of company), located in the state of Utah, and that to the best of my knowledge
936
the above figures represent the true valuations of said properties at [12:00 o'clock] 12 noon on the
937
first day of January of the year [19__] ____".
938
Said affidavit in addition to the above must state the principal place of business of the
939
public utility and other information required by the commission.
940
The Public Service Commission shall require every public utility doing business within the
941
state of Utah whose rates are based on the valuation of its properties or the amount of its
942
investments to declare through its authorized agent on said blank forms the full value of all of the
943
tangible and intangible properties of said utility which are located within the state of Utah, and it
944
shall furthermore require that the valuation of the tangible properties be listed separately from the
945
intangible properties. In making [such] this declaration every public utility may take into
946
consideration any increase or decrease in values of [such] its property during the tax year last past
947
and may raise or lower its declared true values accordingly.
948
[It] The Public Service Commission shall [furthermore] also require that [said] this blank
949
form be filed with the commission on or before a specific date each year to be determined by the
950
commission, and shall require the affidavit of [said] this blank form to be signed and sworn to by
951
a duly qualified and acting officer of [said] the respective public utility in the manner provided by
952
law. The Public Service Commission shall [furthermore] prepare each year a book to be called
953
"Record of Valuations of Utility Companies," in which must be entered the names of every person,
954
organization, or corporation engaged in any utility business in Utah together with the valuation of
955
the tangible and the valuation of the intangible properties of each of said person, organization, or
956
corporation as determined and declared by the duly qualified officers of said public utilities and
957
as declared and filed in accordance with the provisions of this section or as otherwise determined
958
by the commission according to law. The Public Service Commission shall accept the values filed
959
as provided herein unless otherwise changed by the commission upon evidence taken by and filed
960
with the commission as the true values of the tangible and the intangible properties of [said] the
961
public utility and [said] these last declared values shall be the values upon which said utility might
962
earn a fair return. Under no circumstances shall an increase in the rates of any public utility be
963
found justified by the commission if [said] the increase shall result in an earning by [said] the
964
respective utility of an amount greater than a fair return on the value of the properties of [said] the
965
public utility located in the state of Utah as shown on the forms provided herein.
966
Section 20.
Section
57-1-12
is amended to read:
967
57-1-12. Form of warranty deed -- Effect.
968
Conveyances of land may be substantially in the following form:
969
WARRANTY DEED
970
____ (here insert name), grantor, of ____ (insert place of residence), hereby conveys and
971
warrants to ____ (insert name), grantee, of ____ (insert place of residence), for the sum of ____
972
dollars, the following described tract ____ of land in ____ County, Utah, to wit: (here describe the
973
premises).
974
Witness the hand of said grantor this [____ day of ____, 19__]
975
__________(month\day\year).
976
[Such] A warranty deed when executed as required by law shall have the effect of a
977
conveyance in fee simple to the grantee, his heirs and assigns, of the premises therein named,
978
together with all the appurtenances, rights, and privileges thereunto belonging, with covenants
979
from the grantor, his heirs, and personal representatives, that he is lawfully seised of the premises;
980
that he has good right to convey the same; that he guarantees the grantee, his heirs, and assigns in
981
the quiet possession thereof; that the premises are free from all encumbrances; and that the grantor,
982
his heirs, and personal representatives will forever warrant and defend the title thereof in the
983
grantee, his heirs, and assigns against all lawful claims whatsoever. Any exceptions to [such] these
984
covenants may be briefly inserted in [such] the deed following the description of the land.
985
Section 21.
Section
57-1-13
is amended to read:
986
57-1-13. Form of quitclaim deed -- Effect.
987
Conveyances of land may also be substantially in the following form:
988
QUITCLAIM DEED
989
____ (here insert name), grantor, of ____ (insert place of residence), hereby quitclaims to
990
____ (insert name), grantee, of ____ (here insert place of residence), for the sum of ____ dollars,
991
the following described tract ____ of land in ____ County, Utah, to wit: (here describe the
992
premises).
993
Witness the hand of said grantor this [____ day of ____, 19__]
994
__________(month\day\year).
995
[Such] A quitclaim deed when executed as required by law shall have the effect of a
996
conveyance of all right, title, interest, and estate of the grantor in and to the premises therein
997
described and all rights, privileges, and appurtenances thereunto belonging, at the date of [such]
998
the conveyance.
999
Section 22.
Section
57-1-14
is amended to read:
1000
57-1-14. Form of mortgage -- Effect.
1001
A mortgage of land may be substantially in the following form:
1002
MORTGAGE
1003
____ (here insert name), mortgagor, of ____ (insert place of residence), hereby mortgages
1004
to ____ (insert name), mortgagee, of ____ (insert place of residence), for the sum of ____ dollars,
1005
the following described tract ____ of land in ____ County, Utah, to wit: (here describe the
1006
premises).
1007
This mortgage is given to secure the following indebtedness (here state amount and form
1008
of indebtedness, maturity, rate of interest, by and to whom payable, and where).
1009
The mortgagor agrees to pay all taxes and assessments on said premises, and the sum of
1010
____ dollars attorneys' fee in case of foreclosure.
1011
Witness the hand of said mortgagor this [____ day of ____, 19__]
1012
__________(month\day\year).
1013
[Such] A mortgage when executed as required by law shall have the effect of a conveyance
1014
of the land therein described, together with all the rights, privileges and appurtenances thereunto
1015
belonging, to the mortgagee, his heirs, assigns, and legal representatives, as security for the
1016
payment of the indebtedness thereon set forth, with covenants from the mortgagor of general
1017
warranty of title, and that all taxes and assessments levied and assessed upon the land described,
1018
during the continuance of the mortgage, will be paid previous to the day appointed for the sale of
1019
such lands for taxes; and may be foreclosed as provided by law upon any default being made in
1020
any of the conditions thereof as to payment of either principal, interest, taxes, or assessments.
1021
Section 23.
Section
57-1-22
is amended to read:
1022
57-1-22. Successor trustees -- Appointment by beneficiary -- Effect -- Substitution
1023
of trustee -- Recording -- Form.
1024
(1) The beneficiary may appoint a successor trustee at any time by filing for record in the
1025
office of the county recorder of each county in which the trust property or some part thereof is
1026
situated, a substitution of trustee. From the time the substitution is filed for record, the new trustee
1027
shall succeed to all the power, duties, authority, and title of the trustee named in the deed of trust
1028
and of any successor trustee.
1029
(2) The substitution shall:
1030
(a) identify the trust deed by stating the names of the original parties thereto, the date of
1031
recordation, and the book and page where the same is recorded or the entry number;
1032
(b) include the legal description of the trust property;
1033
(c) state the name of the new trustee; and
1034
(d) be executed and acknowledged by all of the beneficiaries under the trust deed or their
1035
successors in interest.
1036
(3) If not previously recorded, at the time of recording the notice of default, the successor
1037
trustee shall file for record the substitution of trustee, and a copy thereof shall be sent in the
1038
manner provided in Section
57-1-26
to all persons to whom a copy of the notice of default would
1039
be required to be mailed by Section
57-1-26
. In addition thereto, a copy shall be sent to the prior
1040
trustee by regular mail to his last-known address.
1041
(4) A substitution of trustee shall be sufficient if made in substantially the following form:
1042
Substitution of Trustee
1043
(insert name and address of new trustee)
1044
is hereby appointed successor trustee under the trust deed executed by ____ as
1045
trustor, in which ____ is named beneficiary and ____ as trustee, and filed for record [____, 19__]
1046
__________(month\day\year), and recorded in Book ____, Page ____, Records of ____ County,
1047
(or filed for record [____, 19__] __________(month\day\year), with recorder's entry No. ____,
1048
____ County), Utah.
1049
(Insert legal description)
1050
Signature _______________________
1051
(Certificate of Acknowledgment)
1052
Section 24.
Section
57-1-25
is amended to read:
1053
57-1-25. Notice of trustee's sale -- Description of property -- Time and place of sale.
1054
(1) The trustee shall give written notice of the time and place of sale particularly describing
1055
the property to be sold:
1056
(a) by publication of [such] the notice, at least three times, once a week for three
1057
consecutive weeks, the last publication to be at least ten days but not more than 30 days prior to
1058
the sale, in some newspaper having a general circulation in each county in which the property to
1059
be sold, or some part thereof, is situated; and
1060
(b) by posting [such] the notice, at least 20 days before the date of sale, in some
1061
conspicuous place on the property to be sold and also in at least three public places of each city
1062
or county in which the property to be sold, or some part thereof, is situated.
1063
(2) The sale shall be held at the time and place designated in the notice of sale which shall
1064
be between the hours of 9 a.m. and 5 p.m. and at the courthouse of the county in which the
1065
property to be sold, or some part thereof, is situated.
1066
(3) The notice of sale shall be sufficient if made in substantially the following form:
1067
Notice of Trustee's Sale
1068
The following described property will be sold at public auction to the highest
1069
bidder, payable in lawful money of the United States at the time of sale, at the ____ in ____, ____
1070
County, Utah, on [____, 19__] __________(month\day\year), at __.m. of said day, for the purpose
1071
of foreclosing a trust deed executed by ____ and ____, his wife, as trustors, in favor of ____,
1072
covering real property located at ____, and more particularly described as:
1073
(Insert legal description)
1074
(Certificate of Acknowledgment, if recorded)
1075
Dated [____, 19__] __________(month\day\year)._______________
1076
Trustee
1077
Section 25.
Section
57-1-26
is amended to read:
1078
57-1-26. Requests for copies of notice of default and notice of sale -- Mailing by
1079
trustee or beneficiary -- Publication of notice of default.
1080
(1) (a) Any person desiring a copy of any notice of default and of any notice of sale under
1081
any trust deed may, at any time subsequent to the filing for record of the trust deed and prior to the
1082
filing for record of a notice of default thereunder, file for record in the office of the county recorder
1083
of any county in which any part or parcel of the trust property is situated, a duly acknowledged
1084
request for a copy of any [such] notice of default and notice of sale. The request shall set forth the
1085
name and address of the person or persons requesting copies of such notices and shall identify the
1086
trust deed by stating the names of the original parties thereto, the date of filing for record thereof,
1087
the book and page where the same is recorded or the recorder's entry number, and the legal
1088
description of the trust property. The request shall be in substantially the following form:
1089
REQUEST FOR NOTICE
1090
Request is hereby made that a copy of any notice of default and a copy of notice of sale
1091
under the trust deed filed for record [____, 19__] __________(month\day\year), and recorded in
1092
Book ____, Page ____, Records of ____ County, (or filed for record [____, 19__]
1093
__________(month\day\year), with recorder's entry number ____, _______ County), Utah,
1094
executed by ____ as trustor, in which ____ is named as beneficiary and ____ as trustee, be mailed
1095
to ____ (insert name) ____ at ____ (insert address) __________
1096
(Insert legal description)
1097
Signature ____________________
1098
(Certificate of Acknowledgement)
1099
(b) Upon filing for record of [such] a request for notice, the recorder shall index [such] the
1100
request in the mortgagor's index, mortgagee's index, and abstract record. Except as provided in this
1101
section, the trustee under any such deed of trust is not required to send notice of default or notice
1102
of sale to any person not filing a request for notice as described herein.
1103
(2) Not later than ten days after recordation of [such] a notice of default, the trustee or
1104
beneficiary shall mail, by certified or registered mail, with postage prepaid, a copy of such notice
1105
with the recording date shown thereon, addressed to each person whose name and address are set
1106
forth in a request therefor which has been recorded prior to the filing for record of the notice of
1107
default, directed to the address designated in the request. At least 20 days before the date of sale,
1108
the trustee shall mail, by certified or registered mail, with postage prepaid, a copy of the notice of
1109
the time and place of sale, addressed to each person whose name and address are set forth in a
1110
request therefor which has been recorded prior to the filing for record of the notice of default,
1111
directed to the address designated in the request.
1112
(3) Any trust deed may contain a request that a copy of any notice of default and a copy
1113
of any notice of sale thereunder be mailed to any person a party thereto at the address of [such] the
1114
person set forth therein, and a copy of any notice of default and of any notice of sale shall be
1115
mailed to each such person at the same time and in the same manner required as though a separate
1116
request therefor had been filed by each of such persons as provided in this section.
1117
(4) If no address of the trustor is set forth in the trust deed and if no request for notice by
1118
[such] the trustor has been recorded as provided in this section, a copy of the notice of default shall
1119
be published at least three times, once a week for three consecutive weeks, in a newspaper of
1120
general circulation in each county in which the trust property, or some part thereof, is situated,
1121
such publication to commence not later than ten days after the filing for record of the notice of
1122
default. In lieu of [such] this publication, a copy of the notice of default may be delivered
1123
personally to the trustor within the ten days or at any time before publication is completed.
1124
(5) No request for a copy of any notice filed for record pursuant to this section, nor any
1125
statement or allegation in any such request, nor any record thereof, shall affect the title to trust
1126
property or be [deemed] considered notice to any person that any person requesting copies of
1127
notice of default or of notice of sale has or claims any right, title or interest in, or lien or claim
1128
upon, the trust property.
1129
Section 26.
Section
57-1-31
is amended to read:
1130
57-1-31. Trust deeds -- Default in performance of obligations secured --
1131
Reinstatement -- Cancellation of recorded notice of default.
1132
(1) Whenever all or a portion of the principal sum of any obligation secured by a trust deed
1133
has, prior to the maturity date fixed in [such] the obligation, become due or been declared due by
1134
reason of a breach or default in the performance of any obligation secured by the trust deed,
1135
including a default in the payment of interest or of any installment of principal, or by reason of
1136
failure of the trustor to pay, in accordance with the terms of the trust deed, taxes, assessments,
1137
premiums for insurance, or advances made by the beneficiary in accordance with terms of [such]
1138
the obligation or of [such] the trust deed, the trustor or his successor in interest in the trust property
1139
or any part thereof or any other person having a subordinate lien or encumbrance of record thereon
1140
or any beneficiary under a subordinate trust deed, at any time within three months of the filing for
1141
record of notice of default under [such] the trust deed, if the power of sale is to be exercised, may
1142
pay to the beneficiary or his successor in interest the entire amount then due under the terms of
1143
[such] the trust deed (including costs and expenses actually incurred in enforcing the terms of
1144
[such] the obligation, or trust deed, and the trustee's and attorney's fees actually incurred) other
1145
than [such] that portion of the principal as would not then be due had no default occurred, and
1146
thereby cure the default theretofore existing and, thereupon, all proceedings theretofore had or
1147
instituted shall be dismissed or discontinued and the obligation and trust deed shall be reinstated
1148
and shall be and remain in force and effect the same as if no such acceleration had occurred.
1149
(2) If the default is cured and the trust deed reinstated in the manner provided in
1150
Subsection (1), the beneficiary, or his assignee, shall, on demand of any person having an interest
1151
in the trust property, execute and deliver to him a request to the trustee to execute, acknowledge,
1152
and deliver a cancellation of the recorded notice of default under [such] the trust deed; and any
1153
beneficiary under a trust deed, or his assignee, who, for a period of 30 days after such demand,
1154
refuses to request the trustee to execute and deliver [such] this cancellation is liable to the person
1155
entitled to such request for all damages resulting from [such] this refusal. A release and
1156
reconveyance given by the trustee or beneficiary, or both, or the execution of a trustee's deed
1157
constitutes a cancellation of a notice of default. Otherwise, a cancellation of a recorded notice of
1158
default under a trust deed is, when acknowledged, entitled to be recorded and is sufficient if made
1159
and executed by the trustee in substantially the following form:
1160
Cancellation of Notice of Default
1161
The undersigned hereby cancels the notice of default filed for record [____, 19__]
1162
__________(month\day\year), and recorded in Book ____, Page ____, Records of ____ County,
1163
(or filed of record[ ____, 19__] __________(month\day\year), with recorder's entry No. ____,
1164
____ County), Utah, which notice of default refers to the trust deed executed by ____ as trustor,
1165
in which ____ is named as beneficiary and ____ as trustee, and filed for record [____, 19 __]
1166
__________(month\day\year), and recorded in Book ____, Page ____, Records of ____ County,
1167
(or filed of record [____, 19__] __________(month\day\year), with recorder's entry No. ____,
1168
____ County), Utah.
1169
(legal description)
1170
Signature of Trustee ______________________________________________________
1171
Section 27.
Section
57-2-13
is amended to read:
1172
57-2-13. Form for certificate of proof.
1173
The certificate of [such] proof shall be substantially in the following form, to wit:
1174
State of Utah, County of ____
1175
On this [____ day of ____, 19__] __________(month\day\year), before me personally
1176
appeared ____, personally known to me (or satisfactorily proved to me by the oath of ____, a
1177
competent and credible witness for that purpose, by me duly sworn) to be the same person whose
1178
name is subscribed to the above instrument as a witness thereto, who, being by me duly sworn,
1179
deposed and said that he resides in ____, county of ____, and state of Utah; that he was present
1180
and saw ____, personally known to him to be the signer of the above instrument as a party thereto,
1181
sign and deliver the same, and heard him acknowledge that he executed the same, and that he, the
1182
deponent, thereupon signed his name as a subscribing witness thereto at the request of said ____.
1183
Section 28.
Section
59-2-311
is amended to read:
1184
59-2-311. Completion and delivery of assessment book -- Affidavit required --
1185
Contents of affidavit.
1186
Prior to May 22 each year, the assessor shall complete and deliver the assessment book to
1187
the county auditor. The assessor shall subscribe an affidavit in the assessment book substantially
1188
as follows:
1189
I, ____, the assessor of ____ County, do swear that before May 22, [19__] ____(year), I
1190
made diligent inquiry and examination, and either personally or by deputy, established the value
1191
of all of the property within the county subject to assessment by me; that the property has been
1192
assessed on the assessment book equally and uniformly according to the best of my judgment,
1193
information, and belief at its fair market value; that I have faithfully complied with all the duties
1194
imposed on the assessor under the revenue laws including the requirements of Section
59-2-303.1
;
1195
and that I have not imposed any unjust or double assessments through malice or ill will or
1196
otherwise, or allowed anyone to escape a just and equal assessment through favor or reward, or
1197
otherwise.
1198
Section 29.
Section
59-2-1339
is amended to read:
1199
59-2-1339. Form of treasurer's certificate -- Contents of form.
1200
(1) On or before March 15 the treasurer shall complete the official record of delinquent
1201
taxes and attach the treasurer's certificate to the record. The certificate shall be substantially in the
1202
following form:
1203
State of Utah )
1204
ss.
1205
County of )
1206
I, ____ county treasurer of the county of ____, state of Utah, do certify that to the best of
1207
my knowledge the attached record is a full, true, and correct record and constitutes the official
1208
record of all properties which became delinquent for the year [19__] ____, and shows in the same
1209
order as the property appears on the assessment roll, the name of the person to whom the property
1210
is assessed, the description of the delinquent parcel and a reference to the parcel, serial, or account
1211
number under which the property was listed in the assessment roll, the amount of taxes, penalties,
1212
administrative costs, the date of redemption, and by whom the property was redeemed if any
1213
redemption has been made.
1214
Signature ___________________
1215
County Treasurer of __________ County
1216
(2) The official record shall be maintained in the treasurer's office and shall include any
1217
subsequent delinquent taxes, penalties, administrative costs, and redemptions pertaining to the
1218
properties listed thereon.
1219
Section 30.
Section
59-2-1351
is amended to read:
1220
59-2-1351. Sales by county -- Notice of tax sale -- Entries on record.
1221
(1) (a) Upon receiving the tax sale listing from the county treasurer, the county auditor
1222
shall select a date for the tax sale for all real property on which a delinquency exists that was not
1223
previously redeemed and upon which the period of redemption is expiring in the nearest tax sale.
1224
(b) The tax sale shall be conducted in May or June of the current year.
1225
(2) Notice of the tax sale shall be provided as follows:
1226
(a) sent by certified and first class mail to the last-known recorded owner, the occupant
1227
of any improved property, and all other interests of record, as of the preceding March 15, at their
1228
last-known address; and
1229
(b) published four times in a newspaper published and having general circulation in the
1230
county, once in each of four successive weeks immediately preceding the date of sale; or
1231
(c) if no newspaper is published in the county, posted in five public places in the county,
1232
as determined by the auditor, at least 25 but no more than 30 days prior to the date of sale.
1233
(3) The notice shall be in substantially the following form:
1234
NOTICE OF TAX SALE
1235
Notice is hereby given that on [the ____ day of ___________, 19__]
1236
__________(month\day\year), at __ o'clock __. m., at the front door of the county courthouse in
1237
____ County, Utah, I will offer for sale at public auction and sell to the highest bidder for cash,
1238
under the provisions of Section
59-2-1351.1
, the following described real property located in the
1239
county and now delinquent and subject to tax sale. A bid for less than the total amount of taxes,
1240
interest, penalty, and administrative costs which are a charge upon the real estate will not be
1241
accepted.
1242
(Here describe the real estate)
1243
IN WITNESS WHEREOF I have hereunto set my hand and official seal [this ____ day of
1244
____, 19__] on __________(month\day\year).
1245
_______________
1246
County Auditor
1247
_______________
1248
County
1249
(4) (a) The notice sent by certified mail in accordance with Subsection (2)(a) shall include:
1250
(i) the name and last-known address of the last-known recorded owner of the property to
1251
be sold;
1252
(ii) the parcel, serial, or account number of the delinquent property; and
1253
(iii) the legal description of the delinquent property.
1254
(b) The notice published in a newspaper in accordance with Subsection (2)(b) shall
1255
include:
1256
(i) the name and last-known address of the last-known recorded owner of each parcel of
1257
property to be sold; and
1258
(ii) the street address or the parcel, serial, or account number of the delinquent parcels.
1259
Section 31.
Section
59-2-1351.1
is amended to read:
1260
59-2-1351.1. Tax sale -- Combining certain parcels -- Acceptable bids -- Deeds.
1261
(1) (a) At the time specified in the notice the auditor shall:
1262
(i) attend at the place appointed, offer for sale, and sell all real property for which an
1263
acceptable bid is made; and
1264
(ii) refuse to offer a parcel of real property for sale if the description of the real property
1265
is so defective as to convey no title.
1266
(b) The auditor may post at the place of sale a copy of the published list of real property
1267
to be offered and cry the sale by reference to the list rather than crying each parcel separately.
1268
(2) (a) The tax commission shall establish, by rule, minimum procedural standards
1269
applicable to tax sales.
1270
(b) For matters not addressed by commission rules, the county legislative body, upon
1271
recommendation by the county auditor, shall establish procedures, by ordinance, for the sale of the
1272
delinquent property that best protect the financial interest of the delinquent property owner and
1273
meet the needs of local governments to collect delinquent property taxes due.
1274
(3) The county governing body may authorize the auditor to combine for sale two or more
1275
contiguous parcels owned by the same party when:
1276
(a) the parcels are a single economic or functional unit;
1277
(b) the combined sale will best protect the financial interests of the delinquent property
1278
owner; and
1279
(c) separate sales will reduce the economic value of the unit.
1280
(4) The governing body may accept any of the following bids:
1281
(a) the highest bid amount for the entire parcel of property, however, a bid may not be
1282
accepted for an amount which is insufficient to pay the taxes, penalties, interest, and administrative
1283
costs; or
1284
(b) a bid in an amount sufficient to pay the taxes, penalties, interest, and administrative
1285
costs, for less than the entire parcel.
1286
(i) The bid which shall be accepted shall be the bid of the bidder who will pay in cash the
1287
full amount of the taxes, penalties, interest, and administrative costs for the smallest portion of the
1288
entire parcel.
1289
(ii) The county auditor at the tax sale or the county legislative body following the tax sale
1290
shall reject a bid to purchase a strip of property around the entire perimeter of the parcel, or a bid
1291
to purchase a strip of the parcel which would prevent access to the remainder of the parcel by the
1292
redemptive owner or otherwise unreasonably diminish the value of that remainder.
1293
(iii) If the bid accepted is for less than the entire parcel, the auditor shall note the fact, with
1294
a description of the property covered by the bid, upon the tax sale record and the balance of the
1295
parcel not affected by the bid shall be considered to have been redeemed by the owner.
1296
(5) The county legislative body may decide that none of the bids are acceptable.
1297
(6) Once the county auditor has closed the sale of a particular parcel of property as a result
1298
of accepting a bid on the parcel, the successful bidder or purchaser of the property may not
1299
unilaterally rescind the bid. The county legislative body, after acceptance of a bid, may enforce
1300
the terms of the bid by obtaining a legal judgment against the purchaser in the amount of the bid,
1301
plus interest and attorney's fees.
1302
(7) Any sale funds which are in excess of the amount required to satisfy the delinquent
1303
taxes, penalties, interest, and administrative costs of the delinquent property shall be treated as
1304
unclaimed property under Title 67, Chapter 4a, Unclaimed Property Act.
1305
(8) All money received upon the sale of property made under this section shall be paid into
1306
the county treasury, and the treasurer shall settle with the taxing entities as provided in Section
1307
59-2-1366
.
1308
(9) (a) The county auditor shall, after acceptance by the county governing body, and in the
1309
name of the county, execute deeds conveying in fee simple all property sold at the public sale to
1310
the purchaser and attest this with the auditor's seal. Deeds issued by the county auditor under this
1311
section shall recite the following:
1312
(i) the total amount of all the delinquent taxes, penalties, interest, and administrative costs
1313
which were paid in for the execution and delivery of the deed;
1314
(ii) the year for which the property was assessed, the year the property became delinquent,
1315
and the year the property was subject to tax sale;
1316
(iii) a full description of the property; and
1317
(iv) the name of the grantee.
1318
(b) When the deed is executed and delivered by the auditor, it shall be prima facie
1319
evidence of the regularity of all proceedings subsequent to the date the taxes initially became
1320
delinquent and of the conveyance of the property to the grantee in fee simple.
1321
(c) The deed issued by the county auditor under this section shall be recorded by the
1322
county recorder.
1323
(d) The fee for the recording shall be included in the administrative costs of the sale.
1324
(e) The deed shall be substantially in the following form:
1325
TAX DEED
1326
____ County, a body corporate and politic of the state of Utah, grantor, hereby conveys to ____,
1327
grantee, of ____ the following described real estate in ____ County, Utah:
1328
(Here describe the property conveyed)
1329
This conveyance is made in consideration of payment by the grantee of $____, representing
1330
the total amount owing for delinquent taxes, penalties, interest, and administrative costs
1331
constituting a charge against the real property for nonpayment of general taxes assessed against
1332
it for the years [19__] ____ through [19 __] ____ in the sum of $____.
1333
Dated [this ____ day of ____, 19__] __________(month\day\year).
1334
(Auditor's Seal)
1335
County _______________
1336
By _______________
1337
County Auditor
1338
Section 32.
Section
59-2-1351.3
is amended to read:
1339
59-2-1351.3. No purchaser at tax sale -- Property struck off to county.
1340
(1) Any property offered for sale for which there is no purchaser shall be struck off to the
1341
county by the county auditor, who shall then:
1342
(a) publicly declare substantially as follows: "All property here offered for sale which has
1343
not been struck off to a private purchaser is hereby struck off and sold to the county of ____
1344
(naming the county), and I hereby declare the fee simple title of the property to be vested in the
1345
county";
1346
(b) make an endorsement opposite each of the entries in the delinquency tax sale record
1347
described in Section
59-2-1338
substantially as follows: "The fee simple title to the property
1348
described in this entry in the year of [19__] ____, sold and conveyed to the county of ____ in
1349
payment of general taxes charged against the property"; and
1350
(c) sign the auditor's name to the record.
1351
(2) The fee simple title to the property shall then vest in the county.
1352
(3) After following the procedures in Subsection (1), the auditor shall deposit the tax sale
1353
record with the county recorder. The record shall become a part of the official records of the
1354
recorder and is considered to have been recorded by the recorder.
1355
(4) The recorder shall make the necessary entries in the index, abstract record, and plat
1356
book showing the conveyance of all property sold and conveyed to the county pursuant to this
1357
section.
Legislative Review Note
as of 1-14-00 8:22 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.