Bill Summary – FastDemocracy

Enrolled Copy                                                                      S.B. 72
            REVISOR'S TECHNICAL CORRECTIONS TO UTAH CODE
                                     2020 GENERAL SESSION
                                          STATE OF UTAH
                               Chief Sponsor: Evan J. Vickers
                               House Sponsor: Francis D. Gibson
 6
 LONG TITLE
 General Description:
        This bill modifies parts of the Utah Code to make technical corrections.
 Highlighted Provisions:
        This bill:
        < modifies parts of the Utah Code to make technical corrections, including
 eliminating references to repealed provisions, eliminating redundant or obsolete
 language, making minor wording changes, updating cross-references, and correcting
 numbering and other errors.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        3-1-11, as last amended by Laws of Utah 2010, Chapter 378
        4-4-107, as enacted by Laws of Utah 2019, Chapter 138
        4-5-104, as renumbered and amended by Laws of Utah 2017, Chapter 345
        4-10-106, as renumbered and amended by Laws of Utah 2017, Chapter 345
        4-15-110, as renumbered and amended by Laws of Utah 2017, Chapter 345
        4-16-501, as renumbered and amended by Laws of Utah 2017, Chapter 345
        4-32a-208, as enacted by Laws of Utah 2019, Chapter 315
        7-3-3, as last amended by Laws of Utah 2013, Chapter 73
     S.B. 72                                                                  Enrolled Copy
     7-25-102, as last amended by Laws of Utah 2019, Chapter 353
     10-1-307, as last amended by Laws of Utah 2011, Chapter 309
     10-1-405, as last amended by Laws of Utah 2012, Chapter 422
     10-5-132, as last amended by Laws of Utah 2019, Chapter 20
     11-13-602, as enacted by Laws of Utah 2016, Chapter 382
     11-17-2, as last amended by Laws of Utah 2016, Chapter 176
     11-59-202, as enacted by Laws of Utah 2018, Chapter 388
     13-32a-104, as last amended by Laws of Utah 2019, Chapter 309
     13-32a-110, as last amended by Laws of Utah 2019, Chapter 309
     13-32a-111, as last amended by Laws of Utah 2019, Chapter 309
     13-32a-112, as last amended by Laws of Utah 2019, Chapter 309
     16-6a-1008.7, as last amended by Laws of Utah 2013, Chapter 412
     17-27a-602, as last amended by Laws of Utah 2019, Chapter 384
     17-27a-604.5, as last amended by Laws of Utah 2019, Chapter 384
     17-50-335, as last amended by Laws of Utah 2016, Chapter 371
     17B-1-202, as last amended by Laws of Utah 2016, Chapter 371
     17B-2a-1207, as enacted by Laws of Utah 2019, Chapter 490
     17D-1-103, as last amended by Laws of Utah 2018, Chapter 256
     17D-1-201, as last amended by Laws of Utah 2016, Chapter 371
     19-1-404, as last amended by Laws of Utah 2014, Chapter 295
     19-2-104, as last amended by Laws of Utah 2015, Chapter 154
     19-6-102.1, as last amended by Laws of Utah 2018, Chapter 281
     19-6-104, as last amended by Laws of Utah 2019, Chapter 152
     19-6-715, as last amended by Laws of Utah 2011, Chapter 309
     19-6-808, as last amended by Laws of Utah 2011, Chapter 309
     20A-1-102, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
     20A-3-302, as last amended by Laws of Utah 2019, Chapter 255
     20A-7-402, as last amended by Laws of Utah 2019, Chapters 203, 255 and last
                                              -2-
      Enrolled Copy                                                                        S.B. 72
 amended by Coordination Clause, Laws of Utah 2019, Chapter 203
       26-18-416, as last amended by Laws of Utah 2019, Chapters 136 and 393
       26-19-302, as renumbered and amended by Laws of Utah 2018, Chapter 443
       26-61a-113, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
       26-61a-301, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
       26-61a-602, as repealed and reenacted by Laws of Utah 2019, First Special Session,
 Chapter 5
       26-61a-604, as repealed and reenacted by Laws of Utah 2019, First Special Session,
 Chapter 5
       26-61a-702, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
       30-3-37, as last amended by Laws of Utah 2014, Chapter 162
       31A-2-218, as last amended by Laws of Utah 2015, Chapter 283
       31A-30-106.1, as last amended by Laws of Utah 2017, Chapter 168
       31A-30-112, as last amended by Laws of Utah 2013, Chapter 341
       31A-30-115, as last amended by Laws of Utah 2013, Chapters 319 and 341
       31A-30-117, as last amended by Laws of Utah 2015, Chapter 283
       32B-7-408, as enacted by Laws of Utah 2019, Chapter 403
       32B-10-206, as enacted by Laws of Utah 2010, Chapter 276
       32B-10-605, as enacted by Laws of Utah 2010, Chapter 276
       32B-12-301, as enacted by Laws of Utah 2010, Chapter 276
       34A-1-205, as last amended by Laws of Utah 2013, Chapter 428
       34A-2-109, as renumbered and amended by Laws of Utah 1997, Chapter 375
       35A-1-104.5, as last amended by Laws of Utah 2015, Chapter 283
       35A-3-203, as last amended by Laws of Utah 2019, Chapter 89
       38-11-202, as last amended by Laws of Utah 2018, Chapter 229
       41-1a-422, as last amended by Laws of Utah 2019, Chapters 38 and 213
       41-1a-1008, as last amended by Laws of Utah 2013, Chapter 463
       41-3-105, as last amended by Laws of Utah 2018, Chapter 387
                                                 -3-
       S.B. 72                                                                   Enrolled Copy
        41-6a-102, as last amended by Laws of Utah 2019, Chapters 49, 391, 428, and 459
        51-11-102, as enacted by Laws of Utah 2018, Chapter 253
        53E-1-201, as last amended by Laws of Utah 2019, Chapter 324 and last amended by
 Coordination Clause, Laws of Utah 2019, Chapters 41, 205, 223, 342, 446, and 476
        53E-1-202, as enacted by Laws of Utah 2019, Chapter 324 and last amended by
 Coordination Clause, Laws of Utah 2019, Chapter 223
        53E-7-204, as repealed and reenacted by Laws of Utah 2019, Chapter 187 and last
 amended by Coordination Clause, Laws of Utah 2019, Chapter 187
        53E-7-208, as repealed and reenacted by Laws of Utah 2019, Chapter 187
        53E-8-403, as last amended by Laws of Utah 2019, Chapter 314
        53F-2-504, as last amended by Laws of Utah 2019, Chapters 134, 186, and 283
        53F-5-202, as last amended by Laws of Utah 2019, Chapters 186 and 283
        53F-5-212, as enacted by Laws of Utah 2019, Chapter 173
        53F-9-201, as last amended by Laws of Utah 2019, Chapter 191
        53G-7-306, as last amended by Laws of Utah 2019, Chapter 293
        53G-7-903, as renumbered and amended by Laws of Utah 2018, Chapter 3
        53G-8-402, as renumbered and amended by Laws of Utah 2018, Chapter 3
        53G-8-405, as renumbered and amended by Laws of Utah 2018, Chapter 3
        53G-9-208, as last amended by Laws of Utah 2019, Chapters 293 and 349
        53G-10-402, as last amended by Laws of Utah 2019, Chapters 196 and 293
        53G-11-501, as last amended by Laws of Utah 2019, Chapter 293
        58-1-501.7, as last amended by Laws of Utah 2019, Chapter 193
        58-9-102, as last amended by Laws of Utah 2018, Chapter 326
        58-28-606, as enacted by Laws of Utah 2015, Chapter 61
        58-37-8, as last amended by Laws of Utah 2019, Chapter 58
        59-2-919, as last amended by Laws of Utah 2019, Chapters 322 and 450
        59-2-924, as last amended by Laws of Utah 2018, Chapters 101, 368, and 415
        59-2-1905, as enacted by Laws of Utah 2019, Chapter 453
                                                  -4-
       Enrolled Copy                                                                       S.B. 72
        59-7-104, as last amended by Laws of Utah 2019, Chapter 418
        59-7-610, as last amended by Laws of Utah 2019, Chapter 247
        59-7-614.10, as last amended by Laws of Utah 2019, Chapter 247
        59-7-624, as enacted by Laws of Utah 2019, Chapter 247
        59-10-136, as last amended by Laws of Utah 2019, Chapter 323
        59-10-1007, as last amended by Laws of Utah 2019, Chapter 247
        59-10-1037, as last amended by Laws of Utah 2019, Chapter 247
        59-10-1112, as enacted by Laws of Utah 2019, Chapter 247
        59-12-102, as last amended by Laws of Utah 2019, Chapters 325, 481, and 486
        59-12-104, as last amended by Laws of Utah 2019, Chapters 136 and 486
        59-26-104, as last amended by Laws of Utah 2011, Chapter 309
        62A-4a-202.9, as enacted by Laws of Utah 2017, Chapter 459
        63A-5-225, as last amended by Laws of Utah 2019, Chapter 246
        63F-2-102, as last amended by Laws of Utah 2018, Chapter 81
        63G-1-401, as last amended by Laws of Utah 2019, Chapters 47, 82, 91, 123, 308, and
 310
        63G-6a-204, as last amended by Laws of Utah 2019, Chapter 454
        63G-6a-712, as enacted by Laws of Utah 2018, Chapter 352
        63G-6a-1209, as enacted by Laws of Utah 2013, Chapter 445
        63G-6a-1403, as last amended by Laws of Utah 2017, Chapter 348
        63H-1-201, as last amended by Laws of Utah 2017, Chapter 216
        63I-1-230, as last amended by Laws of Utah 2018, Chapter 347
        63I-1-253, as last amended by Laws of Utah 2019, Chapters 90, 136, 166, 173, 246,
 325, 344 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
 246
        63I-1-263, as last amended by Laws of Utah 2019, Chapters 89, 246, 311, 414, 468,
 469, 482 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
 246
                                                  -5-
       S.B. 72                                                                   Enrolled Copy
       63I-2-226, as last amended by Laws of Utah 2019, Chapters 262, 393, 405 and last
 amended by Coordination Clause, Laws of Utah 2019, Chapter 246
       63I-2-231, as last amended by Laws of Utah 2019, Chapter 55
       63I-2-235, as last amended by Laws of Utah 2018, Chapter 423
       63I-2-253, as last amended by Laws of Utah 2019, Chapters 41, 129, 136, 223, 324,
 325, and 444
       63I-2-258, as last amended by Laws of Utah 2018, Chapter 38
       63I-2-259, as last amended by Laws of Utah 2018, Second Special Session, Chapter 6
       63I-2-263, as last amended by Laws of Utah 2019, Chapters 182, 240, 246, 325, 370,
 and 483
       63I-2-272, as last amended by Laws of Utah 2019, Chapters 136 and 246
       63J-4-608, as enacted by Laws of Utah 2019, Chapter 374
       63M-2-503, as last amended by Laws of Utah 2019, Chapter 352
       63M-2-504, as last amended by Laws of Utah 2019, Chapter 352
       63M-7-202, as last amended by Laws of Utah 2019, Chapter 401
       63M-13-202, as enacted by Laws of Utah 2019, Chapter 34
       63N-1-501, as renumbered and amended by Laws of Utah 2015, Chapter 283
       63N-4-302, as last amended by Laws of Utah 2019, Chapter 465
       64-13e-102, as last amended by Laws of Utah 2018, Chapter 374
       72-16-306, as enacted by Laws of Utah 2019, Chapter 244
       73-10-1, as last amended by Laws of Utah 2007, Chapter 329
       75-9-105, as enacted by Laws of Utah 2016, Chapter 256
       76-5-702, as enacted by Laws of Utah 2019, Chapter 398
       77-18-1, as last amended by Laws of Utah 2019, Chapters 28 and 429
       77-40-102 (Effective 05/01/20), as last amended by Laws of Utah 2019, Chapter 448
       78A-6-115, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
       78B-6-133, as last amended by Laws of Utah 2019, Chapter 335
 REPEALS:
                                                 -6-
        Enrolled Copy                                                                              S.B. 72
        19-2-305, as enacted by Laws of Utah 2015, Chapter 381
171
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 3-1-11 is amended to read:
        3-1-11. Certificates of and termination of membership -- Dividends and
 distribution of reserves -- Preferred stock -- Certificates of interest -- Unclaimed credits.
        (1) No certificate for membership or stock shall be issued until fully paid for, but
 bylaws may provide that a member may vote and hold office prior to payment in full for his
 membership or stock.
        (2) Dividends in excess of eight per centum per annum on the actual cash value of the
 consideration received by the association may not be paid on common stock or membership
 capital, but dividends may be cumulative if so provided in the articles or bylaws.
        (3) (a) Savings in excess of dividends and additions to reserves and surplus shall be
 distributed on the basis of patronage.
        (b) The bylaws may provide that any distribution to a nonmember, who is eligible for
 membership, may be credited to that nonmember until the amount of the distribution equals the
 value of a membership certificate, or a share of the association's common stock.
        (c) The distribution credited to the account of the nonmember may be transferred to the
 membership fund at the option of the board, if, after two years, the amount is less than the
 value of the membership certificate or a share of common stock.
        (4) (a) The bylaws shall provide the time and manner of settlement of membership
 interests with members who withdraw from the association or whose membership is otherwise
 terminated.
        (b) Provisions for forfeiture of membership interests may be made in the bylaws.
        (c) After the termination of the membership, for whatever cause, the withdrawing
 member shall exercise no further control over the facilities, assets, or activities of the
 association. The withdrawing member may not claim or receive any assets of the association
 except as follows:
                                                       -7-
        S.B. 72                                                                          Enrolled Copy
        (i) undistributed patronage allocated to the withdrawing member may be paid to the
 withdrawing member pursuant to the association's bylaws;
        (ii) the withdrawing member may be reimbursed for the par value of membership or
 stock in the association pursuant to the association's articles, bylaws, and membership
 agreement; and
        (iii) the withdrawing member shall receive any distributions to which the member is
 entitled pursuant to Subsection 3-1-20(3)(d).
        (5) (a) An association may issue preferred stock to members and nonmembers.
        (b) Preferred stock may be redeemed or retired by the association on the terms and
 conditions as are provided in the articles or bylaws and printed on the stock certificates.
        (c) Preferred stockholders may not vote, but no change in their priority or preference
 rights shall be effective until the written consent of the holders of a majority of the preferred
 stock has been obtained.
        (d) Payment for preferred stock may be made in cash, services, or property on the basis
 of the fair value of the stock, services, and property, as determined by the board.
        (6) (a) The association may issue to each member a certificate of interest evidencing
 the member's interest in any fund, capital investment, or other assets of the association.
        (b) Those certificates may be transferred only to the association, or to other purchasers,
 as approved by the board of directors, under the terms and conditions provided for in the
 bylaws.
        (7) (a) As used in this Subsection (7), "reasonable effort" means:
        (i) a letter to a member's or former member's last-known address, a listing of unclaimed
 credits in an association publication, and the posting of a list of unclaimed credits at the
 association's principal place of business; and
        (ii) publishing a list of the unclaimed credits exceeding $25 each, or greater, in a
 newspaper of general circulation in the area where the association's principal offices are
 located.
        (b) The association may retain revolving certificates of interest described in this
                                                       -8-
        Enrolled Copy                                                                               S.B. 72
 Subsection (7) as an exception to the provisions of Title 67, Chapter 4a, Revised Uniform
 Unclaimed Property Act, if:
         (i) the board of directors of the association determines to revolve the certificates and
 the certificates remain unclaimed by the association's members or former members for five
 years after the credit is declared;
         (ii) the association is authorized to retain those credits by its bylaws;
         (iii) the board of directors of the association approves the retention; and
         (iv) before retaining the credits, the association makes a reasonable effort to locate and
 communicate the issuance of the credits to the members or former members.
         (c) (i) The board of directors may either add the unclaimed credits as a contribution to
 the capital fund, or use them to establish an agricultural educational program as described in
 Subsection (7)(c)(ii).
         (ii) If the