7 LONG TITLE
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→ [
24 • from the General Fund, one-time, Ĥ→ [
24a language that the
25 funds be used Ĥ→ [
25a staff support and ←Ĥ
26 administer a grant program.
27 Other Special Clauses:
28 This bill provides a special effective date.
29 Utah Code Sections Affected:
31 17-23-14, as last amended by Laws of Utah 2001, Chapter 241
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.
42 improvement of a road, or for any other cause, or finds a monument [
43 rehabilitation, shall notify the county surveyor.
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 [
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
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
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
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→ [
130 From General Fund, One-time Ĥ→ [
131 Schedule of Programs:
132 Monument Replacement and Restoration
133 Committee 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.