Second Substitute S.B. 65

Senator David L. Gladwell proposes the following substitute bill:

1 COUNTY LAW REVISIONS
2 2002 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David L. Gladwell
5 This act modifies provisions relating to counties. The act clarifies references to county
6 legislative bodies. The act amends provisions relating to the recording of subdivision plats.
7 The act amends the procedures for adjusting and recording boundaries between adjacent
8 parcels. The act amends the reporting date for county recorders to provide copies of
9 ownership plats to the county assessor. The act repeals the requirements that assessors
10 return plats to the recorder. The act repeals the requirement that the assessor maintain
11 separate plat books. The act amends procedures relating to the abandonment of public
12 roads. The act makes technical changes.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 AMENDS:
15 10-9-806, as last amended by Chapter 209, Laws of Utah 2000
16 10-9-808, as last amended by Chapter 209, Laws of Utah 2000
17 17-21-22, as last amended by Chapter 241, Laws of Utah 2001
18 17-27-806, as last amended by Chapter 241, Laws of Utah 2001
19 17-27-808, as last amended by Chapter 241, Laws of Utah 2001
20 17-27-811, as last amended by Chapter 241, Laws of Utah 2001
21 17A-3-602, as last amended by Chapter 106, Laws of Utah 1999
22 17A-3-701, as last amended by Chapter 1, Laws of Utah 2000
23 19-4-111, as last amended by Chapter 181, Laws of Utah 2000
24 57-3-101, as renumbered and amended by Chapter 61, Laws of Utah 1998
25 59-2-906.3, as last amended by Chapter 292, Laws of Utah 1997

26 70A-9a-520, as enacted by Chapter 252, Laws of Utah 2000
27 72-5-105, as renumbered and amended by Chapter 270, Laws of Utah 1998
28 REPEALS:
29 17-21-23, Utah Code Annotated 1953
30 59-2-312, as enacted by Chapter 4, Laws of Utah 1987
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 10-9-806 is amended to read:
33 10-9-806. Exemptions from plat requirement.
34 (1) (a) Notwithstanding Sections 10-9-804 and 10-9-805 , a person may submit to the
35 county recorder's office for recording a document that subdivides property by metes and bounds
36 into less than ten lots, without the necessity of recording a plat, if:
37 (i) the planning commission, if required by municipal ordinance, has given the municipal
38 legislative body its recommendation, whether favorable or not; and
39 (ii) the document contains a certificate or written approval from:
40 (A) the legislative body of the municipality in which the property is located; or
41 (B) other officers that the municipal legislative body designates in an ordinance.
42 (b) By indicating its approval on a document under Subsection (1)(a), the municipal
43 legislative body or other officer designated by the municipal legislative officer certifies that:
44 (i) the planning commission:
45 (A) has given its recommendation to the municipal legislative body; or
46 (B) is not required by municipal ordinance to give its recommendation;
47 (ii) the subdivision is not traversed by the mapped lines of a proposed street as shown in
48 the general plan and does not require the dedication of any land for street or other public purposes;
49 and
50 (iii) if the subdivision is located in a zoned area, each lot in the subdivision meets the
51 frontage, width, and area requirements of the zoning ordinance or has been granted a variance from
52 those requirements by the board of adjustment.
53 (2) Municipalities under the council-mayor form of government shall comply with Section
54 10-3-1219.5 .
55 (3) (a) Subject to Subsection (3)(b), a lot or parcel resulting from a division of agricultural
56 land is exempt from the plat requirements of Section 10-9-804 if the lot or parcel:

57 (i) qualifies as land in agricultural use under Title 59, Chapter 2, Part 5, Farmland
58 Assessment Act;
59 (ii) meets the minimum size requirement of applicable zoning ordinances; and
60 (iii) is not used and will not be used for any nonagricultural purpose.
61 (b) The boundaries of each lot or parcel exempted under Subsection (3)(a) shall be
62 graphically illustrated on a record of survey map that, after receiving the same approvals as are
63 required for a plat under Section 10-9-805 , shall be recorded with the county recorder.
64 (c) If a lot or parcel exempted under Subsection (3)(a) is used for a nonagricultural
65 purpose, the municipality in which the lot or parcel is located may require the lot or parcel to
66 comply with the requirements of Section 10-9-804 .
67 [(4) (a) A person may not submit to the county recorder's office for recording a document
68 that subdivides property by metes and bounds unless it contains the certificate or written approval
69 required by this section.]
70 [(b) The recording of a document that subdivides property by metes and bounds and does
71 not contain the certificate or written approval required by this section:]
72 [(i) does not affect the validity of the document; and]
73 [(ii) does not affect whether the subdivided property complies with applicable municipal
74 ordinances on land use and development.]
75 (4) (a) Documents recorded in the county recorder's office that divide property by a metes
76 and bounds description do not create a subdivision allowed by this part unless the certificate of
77 written approval required by Subsection (1)(a)(ii) is attached to the document.
78 (b) The absence of the certificate or written approval required by Subsection (1)(a)(ii) does
79 not affect the validity of a recorded document.
80 (c) A document recorded under Subsection (1)(a) which does not meet the requirements
81 of Subsection (1)(a)(ii) may be corrected to comply with Subsection (1)(a)(ii) by the recording of
82 an affidavit to which the required certificate or written approval is attached in accordance with
83 Section 57-3-106 .
84 Section 2. Section 10-9-808 is amended to read:
85 10-9-808. Vacating or changing a subdivision plat.
86 (1) (a) Subject to Subsection (2), the legislative body of a municipality or any other officer
87 that the legislative body designates by ordinance may, with or without a petition, consider any

88 proposed vacation, alteration, or amendment of a subdivision plat, any portion of a subdivision
89 plat, or any street, lot, or alley contained in a subdivision plat at a public hearing.
90 (b) If a petition is filed, the responsible body or officer shall hold the public hearing within
91 45 days after receipt of the planning commission's recommendation under Subsection (2) if:
92 (i) the plat change includes the vacation of a public street or alley;
93 (ii) any owner within the plat notifies the municipality of their objection in writing within
94 ten days of mailed notification; or
95 (iii) a public hearing is required because all of the owners in the subdivision have not
96 signed the revised plat.
97 (2) (a) Before the legislative body or officer designated by the legislative body may
98 consider a proposed vacation, alteration, or amendment under Subsection (1)(a) or (6), the
99 legislative body or officer shall refer the proposal to the planning commission for its
100 recommendation.
101 (b) The planning commission shall give its recommendation within 30 days after the
102 proposed vacation, alteration, or amendment is referred to it.
103 (3) Any fee owner, as shown on the last county assessment rolls, of land within the
104 subdivision that has been laid out and platted as provided in this part may, in writing, petition the
105 legislative body to have the plat, any portion of it, or any street or lot contained in it, vacated,
106 altered, or amended as provided in this section.
107 (4) Each petition to vacate, alter, or amend an entire plat, a portion of a plat, or a street or
108 lot contained in a plat shall include:
109 (a) the name and address of all owners of record of the land contained in the entire plat;
110 (b) the name and address of all owners of record of land adjacent to any street that is
111 proposed to be vacated, altered, or amended; and
112 (c) the signature of each of these owners who consents to the petition.
113 (5) (a) A petition that lacks the consent of all owners referred to in Subsection (4) may not
114 be scheduled for consideration at a public hearing before the legislative body until the notice
115 required by this part is given.
116 (b) The petitioner shall pay the cost of the notice.
117 (6) Subject to Subsection (2), if the responsible body or officer proposes to vacate, alter,
118 or amend a subdivision plat, or any street or lot contained in a subdivision plat, they shall consider

119 the issue at a public hearing after giving the notice required by this part.
120 [(7) Petitions to adjust lot lines between adjacent properties may be executed upon the
121 recordation of an appropriate deed if:]
122 (7) (a) The owners of record of adjacent parcels that are described by either a metes and
123 bounds description or a recorded plat may exchange title to portions of those parcels if the
124 exchange of title is approved by the planning commission, or such other person or board as the
125 municipal legislative body may designate, in accordance with Subsection (7)(b).
126 (b) The planning commission, or such other person or board as the municipal legislative
127 body may designate, shall approve an exchange of title under Subsection (7)(a) if:
128 [(a)] (i) no new dwelling lot or housing unit [results from the lot line adjustment;] will
129 result from the exchange of title; and
130 [(b) the adjoining property owners consent to the lot line adjustment;]
131 [(c) the lot line adjustment does not result in remnant land that did not previously exist;
132 and (d) the adjustment does]
133 (ii) the exchange of title will not result in a violation of applicable zoning requirements.
134 (c) If an exchange of title is approved under Subsection (7)(b), a notice of approval shall
135 be recorded by the planning commission, or such other person or board as the municipal legislative
136 body may designate, in the office of the county recorder which:
137 (i) is executed by each owner included in the exchange and by the planning commission,
138 or such other person or board as the municipal legislative body may designate;
139 (ii) contains an acknowledgment for each party executing the notice in accordance with
140 the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
141 (iii) recites the descriptions of both the original parcels and the parcels created by the
142 exchange of title.
143 (d) A notice of approval recorded under this Subsection (7) does not act as a conveyance
144 of title to real property and is not required for the recording of a document purporting to convey
145 title to real property.
146 (8) (a) The name of a recorded subdivision may be changed by recording an amended plat
147 making that change, as provided in this section.
148 (b) Except as provided in Subsection (8)(a), the recording of a declaration or other
149 document that purports to change the name of a recorded plat is void.

150 (9) Municipalities operating under the council-mayor form of government shall comply
151 with Section 10-3-1219.5 .
152 Section 3. Section 17-21-22 is amended to read:
153 17-21-22. Annual revision -- Reporting changes in ownership to county assessors --
154 Use of geographic information systems or computer systems.
155 (1) The county recorder shall:
156 (a) each year, prepare copies of ownership plats and descriptions, showing record owners
157 at noon on January 1;
158 (b) on or before January [15] 30 of each year, transmit the copies to the county assessor;
159 (c) report all changes in recorded ownership of real property made during the first seven
160 months of each calendar year to the county assessor not later than August 15 of that year;
161 (d) for the remainder of the calendar year, report the changes in the ownership of real
162 property that are recorded in the county recorder's office each month on or before the 15th day of
163 the month following the month in which the changes were recorded;
164 (e) transmit the changes of ownership on appropriate forms that show the current owner's
165 name and a full legal description of the property conveyed; and
166 (f) where only a part of the grantor's property is conveyed, transmit an additional form
167 showing a full legal description of the portion retained.
168 (2) Nothing in this chapter precludes the use of geographic information systems or
169 computer systems by the recorder if the systems include all of the information required by this
170 section.
171 Section 4. Section 17-27-806 is amended to read:
172 17-27-806. Exemptions from plat requirement.
173 (1) (a) Notwithstanding Sections 17-27-804 and 17-27-805 , a person may submit to the
174 county recorder's office for recording a document that subdivides property by metes and bounds
175 into less than ten lots, without the necessity of recording a plat, if:
176 (i) the planning commission, if required by county ordinance, has given the county
177 executive its recommendation, whether favorable or not; and
178 (ii) the document contains a certificate or written approval from:
179 (A) the executive of the county in whose unincorporated area the property is located; or
180 (B) other officers that the county legislative body designates in an ordinance.

181 (b) By indicating its approval on a document under Subsection (1)(a), the county executive
182 or other officer designated by the county legislative body certifies that:
183 (i) the planning commission:
184 (A) has given its recommendation to the county executive; or
185 (B) is not required by county ordinance to give its recommendation;
186 (ii) the subdivision is not traversed by the mapped lines of a proposed street as shown in
187 the general plan and does not require the dedication of any land for street or other public purposes;
188 and
189 (iii) if the subdivision is located in a zoned area, each lot in the subdivision meets the
190 frontage, width, and area requirements of the zoning ordinance or has been granted a variance from
191 those requirements by the board of adjustment.
192 (2) (a) Subject to Subsection (2)(b), a lot or parcel resulting from a division of agricultural
193 land is exempt from the plat requirements of Section 17-27-804 if the lot or parcel:
194 (i) qualifies as land in agricultural use under Title 59, Chapter 2, Part 5, Farmland
195 Assessment Act;
196 (ii) meets the minimum size requirement of applicable zoning ordinances; and
197 (iii) is not used and will not be used for any nonagricultural purpose.
198 (b) The boundaries of each lot or parcel exempted under Subsection (2)(a) shall be
199 graphically illustrated on a record of survey map that, after receiving the same approvals as are
200 required for a plat under Section 17-27-805 , shall be recorded with the county recorder.
201 (c) If a lot or parcel exempted under Subsection (2)(a) is used for a nonagricultural
202 purpose, the county in whose unincorporated area the lot or parcel is located may require the lot
203 or parcel to comply with the requirements of Section 17-27-804 .
204 [(3) (a) A person may not submit to the county recorder's office for recording a document
205 that subdivides property by metes and bounds unless it contains the certificate or written approval
206 required by this section.]
207 (3) (a) Documents recorded in the county recorder's office that divide property by a metes
208 and bounds description do not create a subdivision allowed by this part unless the certificate of
209 written approval required by Subsection (1)(a)(ii) is attached to the document.
210 [(b) The recording of a document that subdivides property by metes and bounds and does
211 not contain the certificate or written approval required by this section:]

212 [(i)] (b) The absence of the certificate or written approval required by Subsection (1)(a)(ii)
213 does not affect the validity of [the] a recorded document[; and].
214 [(ii) does not affect whether the subdivided property complies with applicable county
215 ordinances on land use and development.]
216 (c) A document recorded under Subsection (1)(a) which does not meet the requirements
217 of Subsection (1)(a)(ii) may be corrected to comply with Subsection (1)(a)(ii) by the recording of
218 an affidavit to which the required certificate or written approval is attached in accordance with
219 Section 57-3-106 .
220 Section 5. Section 17-27-808 is amended to read:
221 17-27-808. Vacating or changing a subdivision plat.
222 (1) (a) Subject to Subsection (2), the county executive or any other officer that the county
223 legislative body designates by ordinance may, with or without a petition, consider any proposed
224 vacation, alteration, or amendment of a subdivision plat, any portion of a subdivision plat, or any
225 street, lot, or alley contained in a subdivision plat at a public hearing.
226 (b) If a petition is filed, the responsible officer shall hold the public hearing within 45 days
227 after receipt of the planning commission's recommendation under Subsection (2) if:
228 (i) the plat change includes the vacation of a public street or alley;
229 (ii) any owner within the plat notifies the municipality of their objection in writing within
230 ten days of mailed notification; or
231 (iii) a public hearing is required because all of the owners in the subdivision have not
232 signed the revised plat.
233 (2) (a) Before the county legislative body or officer designated by the county legislative
234 body may consider a proposed vacation, alteration, or amendment under Subsection (1)(a) or (6),
235 the county legislative body or officer shall refer the proposal to the planning commission for its
236 recommendation.
237 (b) The planning commission shall give its recommendation within 30 days after the
238 proposed vacation, alteration, or amendment is referred to it.
239 (3) Any fee owner, as shown on the last county assessment rolls, of land within the
240 subdivision that has been laid out and platted as provided in this part may, in writing, petition the
241 county executive to have the plat, any portion of it, or any street or lot contained in it, vacated,
242 altered, or amended as provided in this section.

243 (4) Each petition to vacate, alter, or amend an entire plat, a portion of a plat, or a street or
244 lot contained in a plat shall include:
245 (a) the name and address of all owners of record of the land contained in the entire plat;
246 (b) the name and address of all owners of record of land adjacent to any street that is
247 proposed to be vacated, altered, or amended; and
248 (c) the signature of each of these owners who consents to the petition.
249 (5) (a) A petition that lacks the consent of all owners referred to in Subsection (4) may not
250 be scheduled for consideration at a public hearing before the responsible officer until the notice
251 required by this part is given.
252 (b) The petitioner shall pay the cost of the notice.
253 (6) Subject to Subsection (2), if the responsible body or officer proposes to vacate, alter,
254 or amend a subdivision plat, or any street or lot contained in a subdivision plat, they shall consider
255 the issue at a public hearing after giving the notice required by this part.
256 [(7) Petitions to adjust lot lines between adjacent properties may be executed upon the
257 recordation of an appropriate deed if:]
258 (7) (a) The owners of record of adjacent parcels that are described by either a metes and
259 bounds description or a recorded plat may exchange title to portions of those parcels if the
260 exchange of title is approved by the planning commission, or such other person or board as the
261 county legislative body may designate, in accordance with Subsection (7)(b).
262 (b) The planning commission, or such other person or board as the county legislative body
263 may designate, shall approve an exchange of title under Subsection (7)(a) if:
264 [(a)] (i) no new dwelling lot or housing unit [results from the lot line adjustment] will
265 result from the exchange of title; and
266 [(b) the adjoining property owners consent to the lot line adjustment;]
267 [(c) the lot line adjustment does not result in remnant land that did not previously exist;
268 and]
269 [(d)] (ii) [the adjustment does] the exchange of title will not result in a violation of
270 applicable zoning requirements.
271 (c) If an exchange of title is approved under Subsection (7)(b), a notice of approval shall
272 be recorded by the planning commission, or such other person or board as the county legislative
273 body may designate, in the office of the county recorder which:

274 (i) is executed by each owner included in the exchange and by the planning commission,
275 or such other person or board as the county legislative body may designate;
276 (ii) contains an acknowledgment for each party executing the notice in accordance with
277 the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
278 (iii) recites the descriptions of both the original parcels and the parcels created by the
279 exchange of title.
280 (d) A notice of approval recorded under this Subsection (7) does not act as a conveyance
281 of title to real property and is not required for the recording of a document purporting to convey
282 title to real property.
283 (8) (a) The name of a recorded subdivision may be changed by recording an amended plat
284 making that change, as provided in this section.
285 (b) Except as provided in Subsection (8)(a), the recording of a declaration or other
286 document that purports to change the name of a recorded plat is void.
287 Section 6. Section 17-27-811 is amended to read:
288 17-27-811. Owner may not sell land before plat recorded -- Improper recording does
289 not affect validity of document or compliance with ordinances -- Action by county.
290 (1) (a) An owner of any land located in a subdivision, as defined in this chapter, who
291 transfers or sells any land in that subdivision before a plat of the subdivision has been approved
292 and recorded as required in this part violates this part for each lot or parcel transferred or sold.
293 (b) The description by metes and bounds in the instrument of transfer or other documents
294 used in the process of selling or transferring does not exempt the transaction from a violation of
295 Subsection [(2)] (1)(a) or from the penalties or remedies provided in this chapter.
296 (c) Notwithstanding any other provision of this Subsection (1), the recording of an
297 instrument of transfer or other document used in the process of selling or transferring real property
298 that violates this part:
299 (i) does not affect the validity of the instrument or other document; and
300 (ii) does not affect whether the property that is the subject of the instrument or other
301 document complies with applicable [municipal] county ordinances on land use and development.
302 (2) (a) A county may bring an action against an owner to require the property to conform
303 to the provisions of this part or an ordinance enacted under the authority of this part.
304 (b) An action under this Subsection (2) may include an injunction, abatement, merger of

305 title, or any other appropriate action or proceedings to prevent, enjoin, or abate the violation.
306 (c) A county need only establish the violation to obtain the injunction.
307 Section 7. Section 17A-3-602 is amended to read:
308 17A-3-602. Local mental health authorities -- Responsibilities.
309 (1) All county [governing] legislative bodies in this state are local mental health
310 authorities. Within legislative appropriations and county matching funds required by this section,
311 under the policy direction of the state Board of Mental Health and the administrative direction of
312 the Division of Mental Health within the Department of Human Services, local mental health
313 authorities shall provide mental health services to persons within their respective counties. Two
314 or more [county governing bodies] counties may join to provide mental health prevention and
315 treatment services.
316 (2) The [governing] legislative bodies may establish acceptable ways of apportioning the
317 cost of mental health services. Any agreement for joint mental health services may designate the
318 treasurer of one of the participating counties as the custodian of moneys available for those joint
319 services, and that the designated treasurer, or other disbursing officer, may make payments from
320 those moneys for such purposes upon audit of the appropriate auditing officer or officers
321 representing the participating counties. The agreement may provide for:
322 (a) joint operation of services and facilities or for operation of services and facilities under
323 contract by one participating local mental health authority for other participating local mental
324 health authorities; and
325 (b) allocation of appointments of members of the mental health advisory council between
326 or among participating counties.
327 (3) (a) All county [governing] legislative bodies, as local mental health authorities, are
328 accountable to the Department of Human Services, the Department of Health, and the state with
329 regard to the use of state and federal funds received from those departments for mental health
330 services, regardless of whether the services are provided by a private contract provider.
331 (b) A local mental health authority shall comply, and require compliance by its contract
332 provider, with all directives issued by the Department of Human Services and the Department of
333 Health regarding the use and expenditure of state and federal funds received from those
334 departments for the purpose of providing mental health programs and services. The Department
335 of Human Services and Department of Health shall ensure that those directives are not duplicative

336 or conflicting, and shall consult and coordinate with local mental health authorities with regard to
337 programs and services.
338 (4) Local mental health authorities shall:
339 (a) review and evaluate mental health needs and services;
340 (b) annually prepare and submit to the division a plan for mental health funding and
341 service delivery. The plan shall include services for adults, youth, and children, including, but not
342 limited to, the following:
343 (i) inpatient care and services;
344 (ii) residential care and services;
345 (iii) outpatient care and services;
346 (iv) 24-hour crisis care and services;
347 (v) psychotropic medication management;
348 (vi) psychosocial rehabilitation including vocational training and skills development;
349 (vii) case management;
350 (viii) community supports including in-home services, housing, family support services,
351 and respite services; and
352 (ix) consultation and education services, including but not limited to, case consultation,
353 collaboration with other service agencies, public education, and public information;
354 (c) establish and maintain, either directly or by contract, programs licensed under Title
355 62A, Chapter 2, Licensure of Programs and Facilities;
356 (d) appoint directly or by contract a full-time or part-time director for mental health
357 programs and prescribe his duties;
358 (e) provide input and comment on new and revised policies established by the state Board
359 of Mental Health;
360 (f) establish and require contract providers to establish administrative, clinical, personnel,
361 financial, and management policies regarding mental health services and facilities, in accordance
362 with the policies of the state Board of Mental Health, the Division of Mental Health, and state and
363 federal law;
364 (g) establish mechanisms allowing for direct citizen input;
365 (h) annually contract with the Division of Mental Health to provide mental health
366 programs and services in accordance with the provisions of Title 62A, Chapter 12, Mental Health;

367 (i) comply with all applicable state and federal statutes, policies, audit requirements,
368 contract requirements, and any directives resulting from those audits and contract requirements;
369 (j) provide funding equal to at least 20% of the state funds that it receives to fund services
370 described in the plan; and
371 (k) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
372 Cooperation Act, Title 51, Chapter 2, Audits of Political Subdivisions, Interlocal Organizations
373 and Other Local Entities, and Title 17A, Chapter 1, Part 4, Uniform Fiscal Procedures for Special
374 Districts Act.
375 (5) Before disbursing any public funds, local mental health authorities shall require that
376 all entities that receive any public funds from a local mental health authority agree in writing that:
377 (a) the division may examine the entity's financial records;
378 (b) the county auditor may examine and audit the entity's financial records; and
379 (c) the entity will comply with the provisions of Subsection (3)(b).
380 (6) Local mental health authorities may receive property, grants, gifts, supplies, materials,
381 contributions, and any benefit derived therefrom, for mental health services. If those gifts are
382 conditioned upon their use for a specified service or program, they shall be so used.
383 (7) (a) For purposes of this section "public funds" means the same as that term is defined
384 in Section 17A-3-603.5 .
385 (b) Nothing in this section limits or prohibits an organization exempt under Section
386 501(c)(3), Internal Revenue Code, from using public funds for any business purpose or in any
387 financial arrangement that is otherwise lawful for that organization.
388 Section 8. Section 17A-3-701 is amended to read:
389 17A-3-701. Local substance abuse authorities -- Responsibilities.
390 (1) All county [governing] legislative bodies in this state are local substance abuse
391 authorities. Within legislative appropriations and county matching funds required by this section,
392 and under the policy direction of the state Board of Substance Abuse and the administrative
393 direction of the Division of Substance Abuse within the Department of Human Services, local
394 substance abuse authorities shall provide substance abuse services to residents of their respective
395 counties. Two or more [county governing bodies] counties may join to provide substance abuse
396 prevention and treatment services.
397 (2) The [governing] legislative bodies may establish acceptable ways of apportioning the

398 cost of substance abuse services. Any agreement for joint substance abuse services may designate
399 the treasurer of one of the participating counties as the custodian of moneys available for those
400 joint services, and that the designated treasurer, or other disbursing officer, may make payments
401 from those moneys for such purposes upon audit of the appropriate auditing officer or officers
402 representing the participating counties. The agreement may provide for joint operation of services
403 and facilities or for operation of services and facilities under contract by one participating local
404 substance abuse authority for other participating local substance abuse authorities.
405 (3) (a) All county [governing] legislative bodies, as local substance abuse authorities, are
406 accountable to the Department of Human Services, the Department of Health, and the state with
407 regard to the use of state and federal funds received from those departments for substance abuse
408 services, regardless of whether the services are provided by a private contract provider.
409 (b) A local substance abuse authority shall comply, and require compliance by its contract
410 provider, with all directives issued by the Department of Human Services and the Department of
411 Health regarding the use and expenditure of state and federal funds received from those
412 departments for the purpose of providing substance abuse programs and services. The Department
413 of Human Services and Department of Health shall ensure that those directives are not duplicative
414 or conflicting, and shall consult and coordinate with local substance abuse authorities with regard
415 to programs and services.
416 (4) Local substance abuse authorities shall:
417 (a) review and evaluate substance abuse prevention and treatment needs and services;
418 (b) annually prepare and submit a plan to the division for funding and service delivery; the
419 plan shall include, but is not limited to, primary prevention, targeted prevention, early intervention,
420 and treatment services;
421 (c) establish and maintain, either directly or by contract, programs licensed under Title
422 62A, Chapter 2, Licensure of Programs and Facilities;
423 (d) appoint directly or by contract a full or part time director for substance abuse programs,
424 and prescribe his duties;
425 (e) provide input and comment on new and revised policies established by the state Board
426 of Substance Abuse;
427 (f) establish and require contract providers to establish administrative, clinical, personnel,
428 financial, and management policies regarding substance abuse services and facilities, in accordance

429 with the policies of the state Board of Substance Abuse, and state and federal law;
430 (g) establish mechanisms allowing for direct citizen input;
431 (h) annually contract with the Division of Substance Abuse to provide substance abuse
432 programs and services in accordance with the provisions of Title 62A, Chapter 8, Substance
433 Abuse;
434 (i) comply with all applicable state and federal statutes, policies, audit requirements,
435 contract requirements, and any directives resulting from those audits and contract requirements;
436 (j) promote or establish programs for the prevention of substance abuse within the
437 community setting through community-based prevention programs;
438 (k) provide funding equal to at least 20% of the state funds that it receives to fund services
439 described in the plan; and
440 (l) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
441 Cooperation Act, Title 51, Chapter 2, Audits of Political Subdivisions, Interlocal Organizations
442 and Other Local Entities, and Title 17A, Chapter 1, Part 4, Uniform Fiscal Procedures for Special
443 Districts Act.
444 (5) Before disbursing any public funds, local substance abuse authorities shall require that
445 all entities that receive any public funds from a local substance abuse authority agree in writing
446 that:
447 (a) the division may examine the entity's financial records;
448 (b) the county auditor may examine and audit the entity's financial records; and
449 (c) the entity will comply with the provisions of Subsection (3)(b).
450 (6) Local substance abuse authorities may receive property, grants, gifts, supplies,
451 materials, contributions, and any benefit derived therefrom, for substance abuse services. If those
452 gifts are conditioned upon their use for a specified service or program, they shall be so used.
453 (7) (a) For purposes of this section "public funds" means the same as that term is defined
454 in Section 17A-3-703 .
455 (b) Nothing in this section limits or prohibits an organization exempt under Section
456 501(c)(3), Internal Revenue Code, from using public funds for any business purpose or in any
457 financial arrangement that is otherwise lawful for that organization.
458 Section 9. Section 19-4-111 is amended to read:
459 19-4-111. Fluorine added to water -- Election required.

460 (1) Notwithstanding any other provision of law, public water supplies, whether state,
461 county, municipal, or district, shall not have fluorine or any of its derivatives or compounds added
462 to them without the approval of a majority of voters in an election in the area affected. An election
463 shall be held upon the:
464 (a) filing of an initiative petition requesting the action in accordance with state law
465 governing initiative petitions;
466 (b) in the case of a municipal, special district, or county water system, passage of a
467 resolution by the legislative body or special district board representing the affected voters,
468 submitting the question to the affected voters at the next regular general election or municipal
469 general election; or
470 (c) in a county of the first or second class, passage of a resolution by the county
471 [commission] legislative body to place an opinion question relating to all public water systems
472 within the county, except as provided in Subsection (2), on the ballot at the next general election.
473 (2) If a majority of voters on an opinion question under Subsection (1)(c) approve the
474 addition of fluorine to the public water supplies within the county, the local health departments
475 shall require the addition of fluorine to all public water supplies within that county other than those
476 systems:
477 (a) that are functionally separate from any other public water systems in that county; and
478 (b) where a majority of the voters served by the public water system voted against the
479 addition of fluorine on the opinion question under Subsection (1)(c).
480 (3) Nothing contained in this section prohibits the addition of chlorine or other water
481 purifying agents.
482 (4) Any political subdivision which, prior to November 2, 1976, decided to and was adding
483 fluorine or any of its derivatives or compounds to the drinking water is considered to have
484 complied with Subsection (1).
485 Section 10. Section 57-3-101 is amended to read:
486 57-3-101. Certificate of acknowledgment, proof of execution, jurat, or other
487 certificate required -- Notarial acts affecting real property -- Right to record documents
488 unaffected by subdivision ordinances.
489 (1) A certificate of the acknowledgment of any document, or of the proof of the execution
490 of any document, or a jurat as defined in Section 46-1-2 , or other notarial certificate containing the

491 words "subscribed and sworn" or their substantial equivalent, that is signed and certified by the
492 officer taking the acknowledgment, proof, or jurat, as provided in this title, entitles the document
493 and the certificate to be recorded in the office of the recorder of the county where the real property
494 is located.
495 (2) Notarial acts affecting real property in this state shall also be performed in
496 conformance with Title 46, Chapter 1, Notaries Public Reform Act.
497 (3) Nothing in the provisions of Title 10, Chapter 9, Part 8, Subdivisions, and Title 17,
498 Chapter 27, Part 8, Subdivisions, shall prohibit the recording of a document which is otherwise
499 entitled to be recorded under the provisions of this chapter.
500 Section 11. Section 59-2-906.3 is amended to read:
501 59-2-906.3. Additional levies by counties.
502 (1) Beginning January 1, 1994, a county may levy an additional tax to fund state mandated
503 actions to meet legislative mandates or judicial or administrative orders which relate to promoting
504 the accurate valuation of property, the establishment and maintenance of uniform assessment levels
505 within and among counties, and the administration of the property tax system. An additional rate
506 levied under this Subsection (1):
507 (a) shall be stated on the tax notice, and may be included on the tax notice with the county
508 assessing and collecting levy authorized under Subsection 59-2-906.1 (4);
509 (b) may not be included in determining the maximum allowable levy for the county or
510 other taxing entities; and
511 (c) is subject to the notice requirements of Sections 59-2-918 and 59-2-919 .
512 (2) Beginning January 1, 1994, a county may levy an additional tax for reappraisal
513 programs that are formally adopted by the county [commission] legislative body and which
514 conform to tax commission rules. An additional rate levied under this Subsection (2):
515 (a) shall be stated on the tax notice, and may be included on the tax notice with the county
516 assessing and collecting levy authorized under Subsection 59-2-906.1 (4);
517 (b) may not be included in determining the maximum allowable levy for the county or
518 other taxing entities; and
519 (c) is subject to the notice requirements of Sections 59-2-918 and 59-2-919 .
520 Section 12. Section 70A-9a-520 is amended to read:
521 70A-9a-520. Acceptance and refusal to accept record.

522 (1) A filing office shall refuse to accept a record for filing for a reason set forth in
523 Subsection 70A-9a-516 (2) and may refuse to accept a record for filing only for a reason set forth
524 in Subsection 70A-9a-516 (2).
525 (2) If a filing office refuses to accept a record for filing, it shall communicate to the person
526 that presented the record the fact of and reason for the refusal and the date and time the record
527 would have been filed had the filing office accepted it. The communication must be made at the
528 time and in the manner prescribed by filing-office rule but, in the case of a filing office described
529 in Subsection 70A-9a-501 (1)(b), in no event more than two business days after the filing office
530 receives the record.
531 (3) A filed financing statement satisfying Subsections 70A-9a-502 (1) and (2) is effective,
532 even if the filing office is required to refuse to accept it for filing under Subsection (1). However,
533 Section 70A-9a-338 applies to a filed financing statement providing information described in
534 Subsection 70A-9a-516 (2)(e) which is incorrect at the time the financing statement is filed.
535 (4) If a record communicated to a filing office provides information that relates to more
536 than one debtor, this part applies as to each debtor separately.
537 (5) This section does not apply to a filing office described in Subsection 70A-9a-501 (1)(a).
538 Section 13. Section 72-5-105 is amended to read:
539 72-5-105. Highways, streets, or roads once established continue until abandoned.
540 (1) All public highways, streets, or roads once established shall continue to be highways,
541 streets, or roads until abandoned or vacated by order of the highway authorities having jurisdiction
542 [over any highway,] or by other competent authority.
543 (2) For purposes of assessment, upon the recordation of an order executed by the proper
544 authority with the county recorder's office, title to the vacated or abandoned highway, street, or
545 road shall vest to the adjoining record owners, with 1/2 of the width of the highway, street, or road
546 assessed to each of the adjoining owners. Provided, however, that should a description of an
547 owner of record extend into the vacated or abandoned highway, street, or road that portion of the
548 vacated or abandoned highway, street, or road shall vest in the record owner, with the remainder
549 of the highway, street, or road vested as otherwise provided in this Subsection (2).
550 Section 14. Repealer.
551 This act repeals:
552 Section 17-21-23, Assessor to return for revision.

553 Section 59-2-312, Assessor to keep plat book.