Bill Summary – FastDemocracy

Enrolled Copy                                                                      S.B. 1007
                              PUBLIC NOTICE AMENDMENTS
                                   2021 FIRST SPECIAL SESSION
                                           STATE OF UTAH
                                 Chief Sponsor: Karen Mayne
                                    House Sponsor: Joel Ferry
 6
 LONG TITLE
 General Description:
        This bill modifies provisions relating to public notice requirements.
 Highlighted Provisions:
        This bill:
        < provides publishing in a newspaper of general circulation as an option to other
 methods of providing notice, under certain circumstances;
        < limits the number of notices required to be posted under a method of posting if that
 posting of notice option applies; and
        < makes technical changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        This bill provides a special effective date.
 Utah Code Sections Affected:
 AMENDS:
        10-2-406 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84
 and 355
        10-2-406 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
 345, and 355
        10-2-407 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
 112, and 355
        10-2-407 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
      S.B. 1007                                                                  Enrolled Copy
 112, 345, and 355
        10-2-415 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84
 and 355
        10-2-415 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
 345, and 355
        10-2-418 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84
 and 355
        10-2-418 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
 345, and 355
        10-2-419 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84
 and 355
        10-2-419 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
 345, and 355
        10-2-502.5 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters
 84 and 355
        10-2-502.5 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
 345, and 355
        10-2-703 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84
 and 355
        10-2-703 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
 344, and 355
        10-2-708 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84
 and 355
        10-2-708 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
 345, and 355
        10-2a-210 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters
 84, 112, and 355
        10-2a-210 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
                                                 -2-
      Enrolled Copy                                                                    S.B. 1007
 112, 345, and 355
        10-2a-213 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84
 and 355
        10-2a-213 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
 345, and 355
        10-2a-214 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84
 and 355
        10-2a-214 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
 345, and 355
        10-2a-215 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84
 and 355
        10-2a-215 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
 345, and 355
        10-2a-404, as last amended by Laws of Utah 2021, Chapter 355
        10-2a-405 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84
 and 355
        10-2a-405 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
 345, and 355
        10-2a-410, as last amended by Laws of Utah 2021, Chapter 355
        10-18-203 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84
 and 355
        10-18-203 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
 345, and 355
        11-14-202 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84
 and 355
        11-14-202 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
 345, and 355
        17B-1-643 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters
                                                 -3-
       S.B. 1007                                                                 Enrolled Copy
 84 and 355
        17B-1-643 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
 345, and 355
        17B-2a-705 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters
 84 and 355
        17B-2a-705 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
 345, and 355
        20A-1-206, as last amended by Laws of Utah 2021, Chapter 355
        20A-3a-604 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters
 84 and 355
        20A-3a-604 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
 345, and 355
        20A-4-104 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters
 62, 84, and 355
        20A-4-104 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 62,
 84, 345, and 355
        20A-4-304 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters
 84 and 355
        20A-4-304 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
 345, and 355
        20A-5-101 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters
 84 and 355
        20A-5-101 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
 345, and 355
        20A-5-403.5 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters
 84 and 355
        20A-5-403.5 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
 345, and 355
                                                  -4-
        Enrolled Copy                                                                         S.B. 1007
        20A-5-405 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters
 84 and 355
        20A-5-405 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
 345, and 355
        20A-9-203 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters
 84, 183, and 355
        20A-9-203 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
 183, 345, and 355
122
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 10-2-406 (Superseded 07/01/21) is amended to read:
        10-2-406 (Superseded 07/01/21). Notice of certification -- Providing notice of
 petition.
        (1) After receipt of the notice of certification from the city recorder or town clerk under
 Subsection 10-2-405(2)(c)(i), the municipal legislative body shall [publish] provide notice:
        (a) within the area proposed for annexation and the unincorporated area within 1/2 mile
 of the area proposed for annexation, no later than 10 days after the day on which the municipal
 legislative body receives the notice of certification:
        (i) by posting one notice, and at least one additional notice per 2,000 population within
 the combined area, in places within the combined area that are most likely to give notice to the
 residents within, and the owners of real property located within, the combined area, subject to a
 maximum of 10 notices; or
        (ii) by mailing the notice to each residence within, and to each owner of real property
 located within, the combined area;
        (b) by posting notice on the Utah Public Notice Website, created in Section
 63A-12-201, for three weeks, beginning no later than 10 days after the day on which the
 municipal legislative body receives the notice of certification;
        (c) within 20 days after the day on which the municipal legislative body receives the
                                                       -5-
        S.B. 1007                                                                        Enrolled Copy
 notice of certification, by mailing written notice to each affected entity; and
         (d) if the municipality has a website, by posting notice on the municipality's website for
 the period of time described in Subsection (1)(b).
         (2) The notice described in Subsection (1) shall:
         (a) state that a petition has been filed with the municipality proposing the annexation of
 an area to the municipality;
         (b) state the date of the municipal legislative body's receipt of the notice of certification
 under Subsection 10-2-405(2)(c)(i);
         (c) describe the area proposed for annexation in the annexation petition;
         (d) state that the complete annexation petition is available for inspection and copying at
 the office of the city recorder or town clerk;
         (e) state in conspicuous and plain terms that the municipality may grant the petition
 and annex the area described in the petition unless, within the time required under Subsection
 10-2-407(2)(a)(i), a written protest to the annexation petition is filed with the commission and
 a copy of the protest delivered to the city recorder or town clerk of the proposed annexing
 municipality;
         (f) state the address of the commission or, if a commission has not yet been created in
 the county, the county clerk, where a protest to the annexation petition may be filed;
         (g) state that the area proposed for annexation to the municipality will also
 automatically be annexed to a local district providing fire protection, paramedic, and
 emergency services or a local district providing law enforcement service, as the case may be, as
 provided in Section 17B-1-416, if:
         (i) the proposed annexing municipality is entirely within the boundaries of a local
 district:
         (A) that provides fire protection, paramedic, and emergency services or law
 enforcement service, respectively; and
         (B) in the creation of which an election was not required because of Subsection
 17B-1-214(3)(c); and
                                                       -6-
        Enrolled Copy                                                                            S.B. 1007
         (ii) the area proposed to be annexed to the municipality is not already within the
 boundaries of the local district; and
         (h) state that the area proposed for annexation to the municipality will be automatically
 withdrawn from a local district providing fire protection, paramedic, and emergency services or
 a local district providing law enforcement service, as the case may be, as provided in
 Subsection 17B-1-502(2), if:
         (i) the petition proposes the annexation of an area that is within the boundaries of a
 local district:
         (A) that provides fire protection, paramedic, and emergency services or law
 enforcement service, respectively; and
         (B) in the creation of which an election was not required because of Subsection
 17B-1-214(3)(c); and
         (ii) the proposed annexing municipality is not within the boundaries of the local
 district.
         (3) (a) The statement required by Subsection (2)(e) shall state the deadline for filing a
 written protest in terms of the actual date rather than by reference to the statutory citation.
         (b) In addition to the requirements under Subsection (2), a notice under Subsection (1)
 for a proposed annexation of an area within a county of the first class shall include a statement
 that a protest to the annexation petition may be filed with the commission by property owners if
 it contains the signatures of the owners of private real property that:
         (i) is located in the unincorporated area within 1/2 mile of the area proposed for
 annexation;
         (ii) covers at least 25% of the private land area located in the unincorporated area
 within 1/2 mile of the area proposed for annexation; and
         (iii) is equal in value to at least 15% of all real property located in the unincorporated
 area within 1/2 mile of the area proposed for annexation.
         Section 2. Section 10-2-406 (Effective 07/01/21) is amended to read:
         10-2-406 (Effective 07/01/21). Notice of certification -- Providing notice of
                                                       -7-
        S.B. 1007                                                                       Enrolled Copy
 petition.
        (1) After receipt of the notice of certification from the city recorder or town clerk under
 Subsection 10-2-405(2)(c)(i), the municipal legislative body shall [publish] provide notice:
        (a) within the area proposed for annexation and the unincorporated area within 1/2 mile
 of the area proposed for annexation, no later than 10 days after the day on which the municipal
 legislative body receives the notice of certification:
        (i) by posting one notice, and at least one additional notice per 2,000 population within
 the combined area, in places within the combined area that are most likely to give notice to the
 residents within, and the owners of real property located within, the combined area, subject to a
 maximum of 10 notices; or
        (ii) by mailing the notice to each residence within, and to each owner of real property
 located within, the combined area;
        (b) by posting notice on the Utah Public Notice Website, created in Section
 63A-16-601, for three weeks, beginning no later than 10 days after the day on which the
 municipal legislative body receives the notice of certification;
        (c) within 20 days after the day on which the municipal legislative body receives the
 notice of certification, by mailing written notice to each affected entity; and
        (d) if the municipality has a website, by posting notice on the municipality's website for
 the period of time described in Subsection (1)(b).
        (2) The notice described in Subsection (1) shall:
        (a) state that a petition has been filed with the municipality proposing the annexation of
 an area to the municipality;
        (b) state the date of the municipal legislative body's receipt of the notice of certification
 under Subsection 10-2-405(2)(c)(i);
        (c) describe the area proposed for annexation in the annexation petition;
        (d) state that the complete annexation petition is available for inspection and copying at
 the office of the city recorder or town clerk;
        (e) state in conspicuous and plain terms that the municipality may grant the petition
                                                       -8-
        Enrolled Copy                                                                          S.B. 1007
 and annex the area described in the petition unless, within the time required under Subsection
 10-2-407(2)(a)(i), a written protest to the annexation petition is filed with the commission and
 a copy of the protest delivered to the city recorder or town clerk of the proposed annexing
 municipality;
         (f) state the address of the commission or, if a commission has not yet been created in
 the county, the county clerk, where a protest to the annexation petition may be filed;
         (g) state that the area proposed for annexation to the municipality will also
 automatically be annexed to a local district providing fire protection, paramedic, and
 emergency services or a local district providing law enforcement service, as the case may be, as
 provided in Section 17B-1-416, if:
         (i) the proposed annexing municipality is entirely within the boundaries of a local
 district:
         (A) that provides fire protection, paramedic, and emergency services or law
 enforcement service, respectively; and
         (B) in the creation of which an election was not required because of Subsection
 17B-1-214(3)(c); and
         (ii) the area proposed to be annexed to the municipality is not already within the
 boundaries of the local district; and
         (h) state that the area proposed for annexation to the municipality will be automatically
 withdrawn from a local district providing fire protection, paramedic, and emergency services or
 a local district providing law enforcement service, as the case may be, as provided in
 Subsection 17B-1-502(2), if:
         (i) the petition proposes the annexation of an area that is within the boundaries of a
 local district:
         (A) that provides fire protection, paramedic, and emergency services or law
 enforcement service, respectively; and
         (B) in the creation of which an election was not required because of Subsection
 17B-1-214(3)(c); and
                                                      -9-
        S.B. 1007                                                                         Enrolled Copy
         (ii) the proposed annexing munici