19-3D-12
Section 19-3D-12 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. DECANTING POWER UNDER
LIMITED DISTRIBUTIVE DISCRETION. (a) In this section, "limited distributive discretion"
means a discretionary power of distribution that is limited to an ascertainable standard or
a reasonably definite standard. (b) An authorized fiduciary that has limited distributive
discretion over the principal of the first trust for the benefit of one or more current beneficiaries
may exercise the decanting power over the principal of the first trust. If an authorized fiduciary
has limited distributive discretion over part but not all of the principal of a first trust,
the fiduciary may exercise the decanting power over that part of the principal over which
the authorized fiduciary has limited distributive discretion. (c) Under this section and subject
to Section 19-3D-14, a second trust may be created or...
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19-3D-13
Section 19-3D-13 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. TRUST FOR BENEFICIARY
WITH DISABILITY. (a) In this section the following terms have the following meanings: (1)
BENEFICIARY WITH A DISABILITY. A beneficiary of a first trust who the authorized fiduciary
believes may qualify for governmental benefits based on disability, whether or not the beneficiary
currently receives those benefits or is an individual who has been adjudicated incompetent
or incapacitated. (2) GOVERNMENTAL BENEFITS. Financial aid or services from a state, federal,
or other public agency. (3) SPECIAL-NEEDS FIDUCIARY. With respect to a trust that has a beneficiary
with a disability: (A) a trustee or other fiduciary, other than a settlor, that has discretion
to distribute part or all of the principal of a first trust to one or more current beneficiaries;
(B) if no trustee or fiduciary has discretion under...
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19-3D-29
Section 19-3D-29 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. RELATION TO ELECTRONIC
SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits, or supersedes
the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq.,
but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c),
or authorize electronic delivery of any of the notices described in Section 103(b) of that
act, 15 U.S.C. Section 7003(b). (Act 2018-519, §29.)...
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19-3D-7
Section 19-3D-7 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. NOTICE; EXERCISE OF
DECANTING POWER. (a) In this section, a notice period begins on the day notice is given under
subsection (c) and ends 59 days after the day notice is given. (b) Except as otherwise provided
in this chapter, an authorized fiduciary may exercise the decanting power without the consent
of any person and without court approval. (c) Except as otherwise provided in subsection (f),
an authorized fiduciary shall not exercise the decanting power prior to 60 days after giving
record notice of the intended exercise of the decanting power to: (1) each settlor of the
first trust, if living or then in existence; (2) each qualified beneficiary of the first trust;
(3) each holder of a presently exercisable power of appointment over any part or all of the
first trust; (4) each person that currently has the right to...
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19-3D-8
Section 19-3D-8 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. REPRESENTATION. (a)
Notice to a person with authority to represent and bind another person under a first-trust
instrument or Chapter 3B (commencing with Section 19-3B-101) of this title, has the same effect
as notice given directly to the person represented. (b) Consent of or waiver by a person with
authority to represent and bind another person under a first-trust instrument or Chapter 3B
(commencing with Section 19-3B-101) of this title, is binding on the person represented unless
the person represented objects to the representation before the consent or waiver otherwise
would become effective. (c) A person with authority to represent and bind another person under
a first-trust instrument or Chapter 3B (commencing with Section 19-3B-101) of this title,
may file an application under Section 19-3D-9 on behalf of the...
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19-3D-9
Section 19-3D-9 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. COURT INVOLVEMENT.
(a) On application of an authorized fiduciary, a person entitled to notice under Section 19-3D-7
(c), a beneficiary, or with respect to a charitable interest that is not entirely held by
or for the benefit of one or more identified and existing charitable organizations, the Attorney
General or other person that has standing to enforce the charitable interest, the court may:
(1) provide instructions to the authorized fiduciary regarding whether a proposed exercise
of the decanting power is permitted under this chapter and consistent with the fiduciary duties
of the authorized fiduciary; (2) appoint a special fiduciary and authorize the special fiduciary
to determine whether the decanting power should be exercised under this chapter and to exercise
the decanting power; (3) approve an exercise of the...
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22-27-63
Section 22-27-63 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION,
EFFECTIVE SEPTEMBER 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. A lender who fails
to provide notice as required by Section 27-22-61 or Section 27-22-62 or to release insurance
proceeds as required by Section 27-22-62 shall pay to the insured interest at the rate of
10 percent per year on the proceeds held by the lender. (Act 2019-460, §4.)...
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22-27-64
Section 22-27-64 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION,
EFFECTIVE SEPTEMBER 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) If a lender fails
to provide notice as required by Section 27-22-61 or Section 27-22-62, interest begins to
accrue on the date the lender received the insurance proceeds. (b) If a lender fails to release
insurance proceeds as required by Section 27-22-62, interest begins to accrue on the date
the lender receives sufficient evidence of the insured's compliance with the requirements
specified by the lender under Section 27-22-61 or Section 27-22-62 for release of the proceeds.
(c) Interest stops accruing on the date the lender complies with Section 27-22-61 or Section
27-22-62, as applicable. (Act 2019-460, §5.)...
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24-11-7
Section 24-11-7 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Deduction of Contributions,
Exclusion of Earnings, and Limitations. (a) Except as otherwise provided in this chapter and
subject to the limitations under this section, a first-time and second chance home buyer savings
account holder shall be entitled to a state tax deduction, subject to the limitations of this
section, not to exceed five thousand dollars ($5,000) for an account holder who files an individual
tax return or ten thousand dollars ($10,000) for joint account holders who file a joint tax
return, for contributions made by the account holder to a first-time and second chance home
buyer savings account during the tax year in which the deduction is claimed. (b) Except as
otherwise provided in this chapter and subject to the limitations under this section, earnings
from the first-time and second chance home buyer...
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28-3-23
Section 28-3-23 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION,
EFFECTIVE MAY 26, 2017. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) In any county or municipality
where the Sunday sale of alcoholic beverages is otherwise authorized by law, including the
sale for on-premises consumption at a time after 10:00 a.m., the sale of alcoholic beverages
on Sunday may be authorized for on-premises consumption commencing on Sunday at 10:00 a.m.,
and thereafter, by the county commission outside of the corporate limits of any municipality
or the municipal governing body within the corporate limits of a municipality by ordinance
or by resolution of the appropriate governing body. (b) This section shall not apply to any
county or municipality where the sale of alcoholic beverages on Sunday was authorized by a
local law setting a later time for the sale of alcoholic beverages on Sunday and the local
law was subject to approval at a referendum unless the application...
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