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S.B. 13

             1     

STATE PARKS AMENDMENTS

             2     
2000 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Joseph L. Hull

             5      AN ACT RELATING TO PARKS AND RECREATION; ALLOWING THE DIVISION OF
             6      PARKS AND RECREATION TO GIVE RIVERWAY ENHANCEMENT GRANTS OR
             7      RECREATIONAL TRAILS GRANTS TO STATE AGENCIES; AND SEPARATING THE
             8      MOUNTAIN MEADOWS MASSACRE SITE FROM IRON MISSION STATE PARK.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          63-11-17.8, as last amended by Chapter 85, Laws of Utah 1994
             12          63-11-54.5, as enacted by Chapter 262, Laws of Utah 1992
             13          63-11a-501, as last amended by Chapter 85, Laws of Utah 1994
             14      Be it enacted by the Legislature of the state of Utah:
             15          Section 1. Section 63-11-17.8 is amended to read:
             16           63-11-17.8. Riverway enhancement grants -- Matching funds requirements -- Rules.
             17          (1) (a) The Division of Parks and Recreation may give grants to local governments and
             18      state agencies for riverway enhancement projects with funds appropriated by the Legislature for
             19      that purpose.
             20          (b) Each grant recipient must provide matching funds having a value that is equal to or
             21      greater than the grant funds received. However, the Board of Parks and Recreation may allow a
             22      grant recipient to provide property, material, or labor in lieu of money, provided the grant
             23      recipient's contribution has a value that is equal to or greater than the grant funds received.
             24          (2) The Board of Parks and Recreation shall:
             25          (a) make rules setting forth procedures and criteria for the awarding of grants for riverway
             26      enhancement projects; and
             27          (b) determine to whom grant funds shall be awarded after considering the


             28      recommendations of and after consulting with the Riverway Enhancement Advisory Council and
             29      the division.
             30          (3) Rules for the awarding of grants for riverway enhancement projects shall provide that:
             31          (a) each riverway enhancement project for which grant funds are awarded must be along
             32      a river or stream that is impacted by high density populations or prone to flooding; and
             33          (b) riverway enhancement proposals that include a plan to provide employment
             34      opportunities for youth, including at-risk youth, as defined in Section 63-11a-501 , in the
             35      development of the riverway enhancement project shall be encouraged.
             36          Section 2. Section 63-11-54.5 is amended to read:
             37           63-11-54.5. Mountain Meadow Massacre site included within state park system.
             38          (1) [An annex to Iron Mission State Park consisting of the] The Mountain Meadow
             39      Massacre site and monument [is established] shall be included within the state park system.
             40          (2) The Division of Parks and Recreation may:
             41          (a) enter into an agreement with the United States Forest Service for the use of land at the
             42      site as a state park; and
             43          (b) receive donations of land, facilities or both at the site for inclusion within the state
             44      park.
             45          Section 3. Section 63-11a-501 is amended to read:
             46           63-11a-501. Grants -- Matching funds requirements -- Rules.
             47          (1) (a) The division may give grants to federal government agencies, state agencies, or
             48      local governments for the planning, acquisition, and development of trails within the state's
             49      recreational trail system with funds appropriated by the Legislature for that purpose.
             50          (b) Each grant recipient must provide matching funds having a value that is equal to or
             51      greater than the grant funds received. However, the Board of Parks and Recreation may allow a
             52      grant recipient to provide property, material, or labor in lieu of money, provided the grant
             53      recipient's contribution has a value that is equal to or greater than the grant funds received.
             54          (2) The Board of Parks and Recreation shall:
             55          (a) make rules setting forth procedures and criteria for the awarding of grants for
             56      recreational trails; and
             57          (b) determine to whom grant funds shall be awarded after considering the
             58      recommendations of and after consulting with the Recreational Trails Advisory Council and the


             59      division.
             60          (3) Rules for the awarding of grants for recreational trails shall provide that:
             61          (a) each grant applicant must solicit public comment on the proposed recreational trail and
             62      submit a summary of that comment to the division;
             63          (b) each trail project for which grant funds are awarded must conform to the criteria and
             64      guidelines specified in Sections 63-11a-102 , 63-11a-103 , and 63-11a-201 ; and
             65          (c) trail proposals that include a plan to provide employment opportunities for youth,
             66      including at-risk youth, in the development of the trail shall be encouraged.
             67          (4) As used in this section, "at-risk youth" means youth who:
             68          (a) are subject to environmental forces, such as poverty or family dysfunction, that may
             69      make them vulnerable to family, school, or community problems;
             70          (b) perform poorly in school or have failed to complete high school;
             71          (c) exhibit behaviors which have the potential to harm themselves or others in the
             72      community, such as truancy, use of alcohol or drugs, and associating with delinquent peers; or
             73          (d) have already engaged in behaviors harmful to themselves or others in the community.




Legislative Review Note
    as of 12-10-99 7:54 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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