Enrolled Copy H.B. 251
1 COURT AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Brady Brammer
5 Senate Sponsor: Kirk A. Cullimore
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to courts.
10 Highlighted Provisions:
11 This bill:
12 < amends provisions related to civil actions in the district court in the following titles:
13 C Title 3, Uniform Agricultural Cooperative Association Act;
14 C Title 7, Financial Institutions Act;
15 C Title 16, Corporations;
16 C Title 31A, Insurance Code;
17 C Title 35A, Utah Workforce Services Code;
18 C Title 48, Unincorporated Business Entity Act;
19 C Title 57, Real Estate;
20 C Title 61, Securities Division - Real Estate Division;
21 C Title 70, Trademarks and Trade Names;
22 C Title 70A, Uniform Commercial Code; and
23 C Title 78B, Judicial Code;
24 < enacts a venue provision for the Commissioner of Financial Institutions;
25 < enacts a venue provision for the Commissioner of the Insurance Department;
26 < enacts Title 78B, Chapter 3a, Venue for Civil Actions;
27 < defines terms related to the venue of a civil action;
28 < clarifies the applicability of Title 78B, Chapter 3a, Venue for Civil Actions;
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29 < addresses the transfer of venue for a civil action;
30 < clarifies the residence of a business organization for purposes of venue;
31 < amends venue provisions for various types of civil actions;
32 < amends provisions related to judgments entered by the district court or justice court;
33 < amends provisions related to a mileage allowance for a judgment debtor;
34 < amends provisions related to contempt by a nonjudicial officer;
35 < amends provisions related to the filing of a notice of lis pendens;
36 < repeals statutes related to court venue, jurisdiction, and procedure;
37 < repeals statutes related to a change of venue; and
38 < makes technical and conforming changes.
39 Money Appropriated in this Bill:
40 None
41 Other Special Clauses:
42 This bill provides a special effective date.
43 This bill provides a coordination clause.
44 This bill provides revisor instructions.
45 Utah Code Sections Affected:
46 AMENDS:
47 3-1-20, as last amended by Laws of Utah 1994, Chapter 202
48 3-1-20.1, as enacted by Laws of Utah 2003, Chapter 70
49 7-1-703, as last amended by Laws of Utah 2017, Chapter 169
50 7-2-2, as last amended by Laws of Utah 2014, Chapter 189
51 7-2-5, as last amended by Laws of Utah 1983, Chapter 8
52 7-2-6, as last amended by Laws of Utah 2015, Chapter 258
53 7-2-9, as last amended by Laws of Utah 2010, Chapter 378
54 7-2-10, as last amended by Laws of Utah 2010, Chapter 378
55 7-5-13, as last amended by Laws of Utah 1989, Chapter 267
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56 7-23-401, as last amended by Laws of Utah 2020, Chapter 121
57 16-6a-117, as enacted by Laws of Utah 2000, Chapter 300
58 16-6a-703, as last amended by Laws of Utah 2008, Chapter 364
59 16-6a-710, as last amended by Laws of Utah 2008, Chapter 364
60 16-6a-809, as last amended by Laws of Utah 2001, Chapters 9, 127
61 16-6a-1405, as last amended by Laws of Utah 2015, Chapter 240
62 16-6a-1414, as enacted by Laws of Utah 2000, Chapter 300
63 16-6a-1416, as enacted by Laws of Utah 2000, Chapter 300
64 16-6a-1417, as enacted by Laws of Utah 2000, Chapter 300
65 16-6a-1604, as last amended by Laws of Utah 2008, Chapter 364
66 16-6a-1609, as last amended by Laws of Utah 2002, Chapter 197
67 16-10a-126, as enacted by Laws of Utah 1992, Chapter 277
68 16-10a-303, as enacted by Laws of Utah 1992, Chapter 277
69 16-10a-703, as last amended by Laws of Utah 2008, Chapter 364
70 16-10a-720, as last amended by Laws of Utah 2010, Chapter 378
71 16-10a-1330, as last amended by Laws of Utah 2010, Chapter 378
72 16-10a-1430, as enacted by Laws of Utah 1992, Chapter 277
73 16-10a-1434, as last amended by Laws of Utah 2010, Chapter 378
74 16-10a-1532, as last amended by Laws of Utah 2000, Chapter 131
75 16-10a-1604, as last amended by Laws of Utah 2008, Chapter 364
76 16-11-13, as last amended by Laws of Utah 2000, Chapter 261
77 16-16-202, as enacted by Laws of Utah 2008, Chapter 363
78 16-16-1203, as enacted by Laws of Utah 2008, Chapter 363
79 16-16-1206, as enacted by Laws of Utah 2008, Chapter 363
80 16-16-1210, as enacted by Laws of Utah 2008, Chapter 363
81 24-1-103, as last amended by Laws of Utah 2021, Chapter 230
82 31A-2-305, as last amended by Laws of Utah 1997, Chapter 296
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83 31A-5-414, as enacted by Laws of Utah 1985, Chapter 242
84 31A-5-415, as last amended by Laws of Utah 2000, Chapter 300
85 31A-15-211, as enacted by Laws of Utah 1992, Chapter 258
86 31A-16-107.5, as renumbered and amended by Laws of Utah 2015, Chapter 244
87 31A-16-110, as last amended by Laws of Utah 1986, Chapter 204
88 31A-16-111, as last amended by Laws of Utah 2000, Chapter 114
89 31A-16-112, as enacted by Laws of Utah 2015, Chapter 244
90 31A-16-117, as enacted by Laws of Utah 2015, Chapter 244
91 31A-17-610, as last amended by Laws of Utah 2007, Chapter 309
92 31A-27a-105, as last amended by Laws of Utah 2020, Chapter 32
93 31A-27a-201, as last amended by Laws of Utah 2014, Chapters 290, 300
94 31A-27a-206, as enacted by Laws of Utah 2007, Chapter 309
95 31A-27a-207, as enacted by Laws of Utah 2007, Chapter 309
96 31A-27a-209, as enacted by Laws of Utah 2007, Chapter 309
97 31A-44-501, as enacted by Laws of Utah 2016, Chapter 270
98 35A-4-308, as renumbered and amended by Laws of Utah 1996, Chapter 240
99 35A-4-314, as enacted by Laws of Utah 2013, Chapter 473
100 48-1d-111, as enacted by Laws of Utah 2013, Chapter 412
101 48-1d-116, as enacted by Laws of Utah 2013, Chapter 412
102 48-1d-901, as enacted by Laws of Utah 2013, Chapter 412
103 48-1d-902, as enacted by Laws of Utah 2013, Chapter 412
104 48-1d-903, as enacted by Laws of Utah 2013, Chapter 412
105 48-1d-909, as enacted by Laws of Utah 2013, Chapter 412
106 48-1d-1003, as enacted by Laws of Utah 2013, Chapter 412
107 48-1d-1310, as enacted by Laws of Utah 2013, Chapter 412
108 48-2e-204, as enacted by Laws of Utah 2013, Chapter 412
109 48-2e-209, as enacted by Laws of Utah 2013, Chapter 412
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110 48-2e-801, as enacted by Laws of Utah 2013, Chapter 412
111 48-2e-802, as enacted by Laws of Utah 2013, Chapter 412
112 48-2e-803, as enacted by Laws of Utah 2013, Chapter 412
113 48-2e-808, as enacted by Laws of Utah 2013, Chapter 412
114 48-2e-1103, as enacted by Laws of Utah 2013, Chapter 412
115 48-3a-204, as enacted by Laws of Utah 2013, Chapter 412
116 48-3a-209, as enacted by Laws of Utah 2013, Chapter 412
117 48-3a-701, as enacted by Laws of Utah 2013, Chapter 412
118 48-3a-702, as enacted by Laws of Utah 2013, Chapter 412
119 48-3a-703, as enacted by Laws of Utah 2013, Chapter 412
120 48-3a-704, as enacted by Laws of Utah 2013, Chapter 412
121 48-3a-707, as enacted by Laws of Utah 2013, Chapter 412
122 48-3a-1003, as enacted by Laws of Utah 2013, Chapter 412
123 48-3a-1111, as enacted by Laws of Utah 2013, Chapter 412
124 57-8-44, as last amended by Laws of Utah 2014, Chapter 116
125 57-8a-301, as last amended by Laws of Utah 2014, Chapter 116
126 57-17-5, as last amended by Laws of Utah 2015, Chapter 258
127 57-19-20, as last amended by Laws of Utah 2008, Chapter 382
128 57-21-11, as last amended by Laws of Utah 1997, Chapter 375
129 57-22-6, as last amended by Laws of Utah 2017, Chapter 203
130 57-23-7, as enacted by Laws of Utah 1992, Chapter 169
131 57-23-8, as last amended by Laws of Utah 2008, Chapter 382
132 57-29-303, as enacted by Laws of Utah 2016, Chapter 381
133 57-29-304, as enacted by Laws of Utah 2016, Chapter 381
134 61-1-20, as last amended by Laws of Utah 2016, Chapter 401
135 61-1-105, as enacted by Laws of Utah 2011, Chapter 318
136 61-2-203, as last amended by Laws of Utah 2021, Chapter 259
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137 61-2c-403, as last amended by Laws of Utah 2009, Chapter 372
138 61-2f-403, as last amended by Laws of Utah 2017, Chapter 182
139 61-2f-407, as last amended by Laws of Utah 2018, Chapter 213
140 61-2g-501, as last amended by Laws of Utah 2018, Chapter 213
141 70-3a-309, as enacted by Laws of Utah 2010, Chapter 200
142 70-3a-402, as last amended by Laws of Utah 2010, Chapter 200
143 70-3a-405, as enacted by Laws of Utah 2002, Chapter 318
144 70A-8-409.1, as last amended by Laws of Utah 2012, Chapter 386
145 70A-9a-513.5, as enacted by Laws of Utah 2015, Chapter 228
146 78A-6-350, as renumbered and amended by Laws of Utah 2021, Chapter 261
147 78B-1-132, as renumbered and amended by Laws of Utah 2008, Chapter 3
148 78B-5-201, as last amended by Laws of Utah 2014, Chapters 114, 151
149 78B-5-202, as last amended by Laws of Utah 2014, Chapter 151
150 78B-5-206, as renumbered and amended by Laws of Utah 2008, Chapter 3
151 78B-6-110, as last amended by Laws of Utah 2019, Chapter 491
152 78B-6-313, as enacted by Laws of Utah 2008, Chapter 3
153 78B-6-1303, as last amended by Laws of Utah 2016, Chapter 306
154 78B-6-1904, as last amended by Laws of Utah 2016, Chapter 222
155 78B-6-1905, as enacted by Laws of Utah 2014, Chapter 310
156 78B-21-102, as enacted by Laws of Utah 2017, Chapter 431
157 ENACTS:
158 7-1-106, Utah Code Annotated 1953
159 31A-1-401, Utah Code Annotated 1953
160 78B-3a-101, Utah Code Annotated 1953
161 78B-3a-102, Utah Code Annotated 1953
162 78B-3a-103, Utah Code Annotated 1953
163 78B-3a-104, Utah Code Annotated 1953
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164 78B-3a-206, Utah Code Annotated 1953
165 RENUMBERS AND AMENDS:
166 78B-3a-201, (Renumbered from 78B-3-307, as renumbered and amended by Laws of
167 Utah 2008, Chapter 3)
168 78B-3a-202, (Renumbered from 78B-3-301, as renumbered and amended by Laws of
169 Utah 2008, Chapter 3)
170 78B-3a-203, (Renumbered from 78B-3-302, as renumbered and amended by Laws of
171 Utah 2008, Chapter 3)
172 78B-3a-204, (Renumbered from 78B-3-303, as renumbered and amended by Laws of
173 Utah 2008, Chapter 3)
174 78B-3a-205, (Renumbered from 78B-3-304, as renumbered and amended by Laws of
175 Utah 2008, Chapter 3)
176 REPEALS:
177 3-1-20.2, as enacted by Laws of Utah 2003, Chapter 70
178 16-6a-1415, as last amended by Laws of Utah 2008, Chapter 364
179 16-10a-1431, as last amended by Laws of Utah 2008, Chapter 364
180 34-34-14, as enacted by Laws of Utah 1969, Chapter 85
181 78B-3-305, as renumbered and amended by Laws of Utah 2008, Chapter 3
182 78B-3-306, as renumbered and amended by Laws of Utah 2008, Chapter 3
183 78B-3-308, as renumbered and amended by Laws of Utah 2008, Chapter 3
184 78B-3-309, as renumbered and amended by Laws of Utah 2008, Chapter 3
185 78B-3-310, as renumbered and amended by Laws of Utah 2008, Chapter 3
186 78B-3-311, as renumbered and amended by Laws of Utah 2008, Chapter 3
187 Utah Code Sections Affected by Coordination Clause:
188 31A-5-414, as enacted by Laws of Utah 1985, Chapter 242
189 31A-5-415, as last amended by Laws of Utah 2000, Chapter 300
190 31A-16-111, as last amended by Laws of Utah 2000, Chapter 114
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191
192 Be it enacted by the Legislature of the state of Utah:
193 Section 1. Section 3-1-20 is amended to read:
194 3-1-20. Voluntary dissolution -- Distribution of assets -- Proceedings.
195 (1) (a) An association may be dissolved:
196 (i) at a regular meeting, or a special meeting called for that purpose;
197 (ii) after 30 days advance notice of the time, place, and object of the meeting is served
198 on the members of the association as prescribed in the bylaws; and
199 (iii) by a two-thirds vote of the members voting.
200 (b) (i) The members shall elect a committee of three members to act as trustees on
201 behalf of the association, and the trustees shall liquidate and distribute the association's assets
202 within the time fixed by the members.
203 (ii) The trustees may bring and defend actions necessary to protect and enforce the
204 rights of the association.
205 (iii) Any vacancies in the trusteeship may be filled by the remaining trustees.
206 (2) (a) If an association dissolves pursuant to this section, the trustees, a creditor, a
207 member, or the attorney general may bring an action [in the district court in the county where
208 the principal place of business of the association is located] in a court with jurisdiction under
209 Title 78A, Judiciary and Judicial Administration.
210 (b) [The] If an action is brought against an association under Subsection (2)(a), the
211 court may specify:
212 (i) appropriate notice of the time and place for the submission of claims against the
213 association, which notice may require creditors of and claimants against the association to
214 submit accounts and demands in writing at the specified place by a specific day[, which date
215 shall be] that is at least 40 days from the date of service or first publication of the notice;
216 (ii) the payment or satisfaction of claims and demands against the association, or the
217 retention of money for such purpose;
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218 (iii) the administration of trusts or the disposition of the property held in trust by or for
219 the association;
220 (iv) the sale and disposition of any remaining property of the association and the
221 distribution or division of the property or its proceeds among the members or persons entitled
222 to them; and
223 (v) other matters related to the dissolution.
224 (c) All orders and judgments [shall be] are binding upon the association, [its] the
225 association's property and assets, trustees, members, creditors, and all claimants against [it] the
226 association.
227 (3) On dissolution, the assets of the association [shall be] are distributed in the
228 following manner and order:
229 (a) to pay the association's debts and expenses;
230 (b) to return to any investors the par value of their capital;
231 (c) to pay patrons on a pro rata basis the amount of any patronage capital credited to
232 their accounts; and
233 (d) if there is a surplus, to distribute [it] the surplus among those patrons who have
234 been members of the association at any time during the last five years preceding dissolution or
235 for a longer period of time if determined by the board of directors to be practicable, on the
236 basis of patronage during that period.
237 (4) After the final settlement by the trustees, the association [shall be] is considered
238 dissolved and shall cease to exist.
239 (5) The trustees shall make a report in duplicate of the proceedings held under this
240 section, which shall be signed, acknowledged, and filed as required for the filing of the articles
241 of incorporation.
242 (6) This section shall apply to all associations incorporated in this state.
243 Section 2. Section 3-1-20.1 is amended to read:
244 3-1-20.1. Grounds and procedure for judicial dissolution.
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245 (1) [An association may be dissolved in a proceeding by the attorney general] The
246 attorney general may bring an action in a court with jurisdiction under Title 78A, Judiciary and
247 Judicial Administration, to dissolve an association if it is established that the association:
248 (a) obtained its articles of incorporation through fraud; or
249 (b) has continued to exceed or abuse the authority conferred upon [it] the association
250 by law.
251 (2) [An association may be dissolved in a proceeding brought by a share