This document includes House Floor Amendments incorporated into the bill on Thu, Mar 12, 2015 at 9:42 AM by bbryner.
Senator Ralph Okerlund proposes the following substitute bill:




Chief Sponsor: Ralph Okerlund

House Sponsor: Kay J. Christofferson


8     General Description:
9          This bill establishes and amends provisions relating to a state survey monument.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     clarifies reporting requirements for the protection of a survey monument;
14          ▸     creates the Monument Replacement and Restoration Committee and provides for
15     the committee's membership;
16          ▸     directs the committee to administer a grant program for counties to protect and
17     rehabilitate survey monuments;
18          ▸     establishes reporting requirements; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          This bill appropriates in fiscal year 2016:
22          ▸     to the Automated Ĥ→ [
Graphic] Geographic ←Ĥ Reference Center, as a one-time,
22a     non-lapsing
23     appropriation:
24               •     from the General Fund, one-time, Ĥ→ [
$1,000,000] $100,000 ←Ĥ with intent
24a     language that the
25     funds be used Ĥ→ [
by the Monument Replacement and Restoration Committee] to provide
25a     staff support and

26     administer a grant program.
27     Other Special Clauses:
28          This bill provides a special effective date.
29     Utah Code Sections Affected:
30     AMENDS:
31          17-23-14, as last amended by Laws of Utah 2001, Chapter 241
32     ENACTS:
33          63F-1-510, Utah Code Annotated 1953

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 17-23-14 is amended to read:
37          17-23-14. Disturbed corners -- County surveyor to be notified.
38          (1) As used in this section:
39          (a) "Corner" means the same as that term is defined in Section 17-23-17.5.
40          (b) "Monument" means the same as that term is defined in Section 17-23-17.5.
41          [(1) Any] (2) A person who finds it necessary to disturb any established corner in the
42     improvement of a road, or for any other cause, or finds a monument [which] that needs
43     rehabilitation, shall notify the county surveyor.
44          [(2)] (3) The county surveyor or the county surveyor's designee shall:
45          (a) consistent with federal law or rule, reconstruct or rehabilitate the monument for the
46     corner by lowering and witnessing the corner or placing another monument and witness over
47     the existing monument so that the monument:
48          (i) is left in a physical condition to remain as permanent a monument as is reasonably
49     possible; and
50          (ii) may be reasonably located at all times in the future; and
51          (b) file the record of each reconstruction or rehabilitation under Subsection [(2)] (3)(a).
52          Section 2. Section 63F-1-510 is enacted to read:
53          63F-1-510. Monument Replacement and Restoration Committee.
54          (1) As used in this section:
55          (a) "Committee" means the Monument Replacement and Restoration Committee
56     created in this section.

57          (b) "Corner" means the same as that term is defined in Section 17-23-17.5.
58          (c) "Monument" means the same as that term is defined in Section 17-23-17.5.
59          (2) (a) There is created the Monument Replacement and Restoration Committee
60     composed of the following seven members:
61          (i) five members appointed by an organization or association that represents Utah
62     counties:
63          (A) that have knowledge and understanding of the Public Land Survey System; and
64          (B) who each represents a different county; and
65          (ii) two members, appointed by the center, who have a knowledge and understanding
66     of the Public Land Survey System.
67          (b) (i) Except as provided in Subsection (2)(b)(ii), a member appointed to the
68     committee is appointed for a four-year term.
69          (ii) The director of the center shall, at the time an entity appoints or reappoints an
70     individual to serve on the committee, adjust the length of the appointed individual's term, as
71     necessary, to ensure that the terms of committee members are staggered so that approximately
72     half of the committee members are appointed every two years.
73          (iii) When a vacancy occurs on the committee for any reason, the replacement
74     appointee shall serve on the committee for the unexpired term.
75          (c) The committee shall elect one committee member to serve as chair of the
76     committee for a term of two years.
77          (d) A majority of the committee constitutes a quorum, and the action of a majority of a
78     quorum constitutes the action of the committee.
79          (e) (i) The center shall provide staff support to the committee.
80          (ii) An individual who is a member of the committee may not serve as staff to the
81     committee.
82          (f) A member of the committee may not receive compensation for the member's service
83     on the committee.
84          (g) The committee may adopt bylaws to govern the committee's operation.
85          (3) (a) The committee shall administer a grant program to assist counties in
86     maintaining and protecting corners or monuments.
87          (b) A county wishing to receive a grant under the program described in Subsection

88     (3)(a) shall submit to the committee an application that:
89          (i) identifies one or more monuments in the county that are in need of protection or
90     rehabilitation;
91          (ii) establishes a plan that is consistent with federal law or rule to protect or rehabilitate
92     each monument identified under Subsection (3)(b)(i); and
93          (iii) requests a specific amount of funding to complete the plan established under
94     Subsection (3)(b)(ii).
95          (c) The committee shall:
96          (i) adopt criteria to:
97          (A) evaluate whether a monument identified by a county under Subsection (3)(b)(i)
98     needs protection or rehabilitation; and
99          (B) identify which monuments identified by a county under Subsection (3)(b)(i) have
100     the greatest need of protection or rehabilitation;
101          (ii) evaluate each application submitted by a county under Subsection (3)(b) using the
102     criteria adopted by the committee under Subsection (3)(c)(i);
103          (iii) subject to sufficient funding and Subsection (3)(d), award grants to counties whose
104     applications are most favorably evaluated under Subsection (3)(c)(ii); and
105          (iv) establish a date by which a county awarded a grant under Subsection (3)(c)(iii)
106     shall report back to the committee.
107          (d) The committee may not award a grant to a county under this section in an amount
108     greater than $100,000.
109          (4) A county that is awarded a grant under this section shall:
110          (a) document the work performed by the county, pursuant to the plan established by the
111     county under Subsection (3)(b)(ii), to protect or rehabilitate a monument; and
112          (b) before the date established under Subsection (3)(c)(iv), report to the committee on
113     the work performed by the county.
114          (5) (a) If the committee has not expended all of the funds appropriated to the
115     committee by the Legislature for the fulfillment of the committee's duties under this section
116     before December 31, 2016, the committee shall disburse any remaining funds equally among
117     all counties that have established a dedicated monument preservation fund by ordinance as
118     provided in Section 17-23-19.

119          (b) A county to which the center has disbursed funds under Subsection (5)(a) shall:
120          (i) deposit the funds into the county's monument preservation fund; and
121          (ii) expend the funds, in consultation with the committee, for the maintenance and
122     preservation of monuments in the county.
123          Section 3. Appropriation.
124          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
125     the fiscal year beginning July 1, 2015, and ending June 30, 2016, the following sums of money
126     are appropriated from resources not otherwise appropriated, or reduced from amounts
127     previously appropriated, out of the funds or accounts indicated. These sums of money are in
128     addition to any amounts previously appropriated for fiscal year 2016.
129          To the Automated Ĥ→ [
Graphic] Geographic ←Ĥ Reference Center
130          From General Fund, One-time                     Ĥ→ [
$1,000,000] $100,000 ←Ĥ
131          Schedule of Programs:
132               Monument Replacement and Restoration
133               Committee                               Ĥ→ [
$1,000,000] $100,000 ←Ĥ
134          The Legislature intends that the funds appropriated under this section:
135          (1) be used by Ĥ→ :
135a           (a) the Automated Geographic Reference Center to provide staff support to the
135b     Monument Replacement Restoration Committee; and
135c          (b) ←Ĥ the Monument Replacement and Restoration Committee to administer
136     the grant program described in Section 63F-1-510; and
137          (2) not lapse at the close of fiscal year 2016.
138          Section 4. Effective date.
139          (1) Except as provided in Subsection (2), this bill takes effect on May 12, 2015.
140          (2) Uncodified Section 3, Appropriation, takes effect on July 1, 2015.