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 Geographic Reference Center, as a one-time, non-lapsing
23     appropriation:
24               •     from the General Fund, one-time, $100,000 with intent language that the funds
25     be used to provide staff support and administer a grant program.
26     Other Special Clauses:
27          This bill provides a special effective date.
28     Utah Code Sections Affected:
29     AMENDS:

30          17-23-14, as last amended by Laws of Utah 2001, Chapter 241
31     ENACTS:
32          63F-1-510, Utah Code Annotated 1953

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

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

86          (b) A county wishing to receive a grant under the program described in Subsection
87     (3)(a) shall submit to the committee an application that:
88          (i) identifies one or more monuments in the county that are in need of protection or
89     rehabilitation;
90          (ii) establishes a plan that is consistent with federal law or rule to protect or rehabilitate
91     each monument identified under Subsection (3)(b)(i); and
92          (iii) requests a specific amount of funding to complete the plan established under
93     Subsection (3)(b)(ii).
94          (c) The committee shall:
95          (i) adopt criteria to:
96          (A) evaluate whether a monument identified by a county under Subsection (3)(b)(i)
97     needs protection or rehabilitation; and
98          (B) identify which monuments identified by a county under Subsection (3)(b)(i) have
99     the greatest need of protection or rehabilitation;
100          (ii) evaluate each application submitted by a county under Subsection (3)(b) using the
101     criteria adopted by the committee under Subsection (3)(c)(i);
102          (iii) subject to sufficient funding and Subsection (3)(d), award grants to counties whose
103     applications are most favorably evaluated under Subsection (3)(c)(ii); and
104          (iv) establish a date by which a county awarded a grant under Subsection (3)(c)(iii)
105     shall report back to the committee.
106          (d) The committee may not award a grant to a county under this section in an amount
107     greater than $100,000.
108          (4) A county that is awarded a grant under this section shall:
109          (a) document the work performed by the county, pursuant to the plan established by the
110     county under Subsection (3)(b)(ii), to protect or rehabilitate a monument; and
111          (b) before the date established under Subsection (3)(c)(iv), report to the committee on
112     the work performed by the county.
113          (5) (a) If the committee has not expended all of the funds appropriated to the

114     committee by the Legislature for the fulfillment of the committee's duties under this section
115     before December 31, 2016, the committee shall disburse any remaining funds equally among
116     all counties that have established a dedicated monument preservation fund by ordinance as
117     provided in Section 17-23-19.
118          (b) A county to which the center has disbursed funds under Subsection (5)(a) shall:
119          (i) deposit the funds into the county's monument preservation fund; and
120          (ii) expend the funds, in consultation with the committee, for the maintenance and
121     preservation of monuments in the county.
122          Section 3. Appropriation.
123          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
124     the fiscal year beginning July 1, 2015, and ending June 30, 2016, the following sums of money
125     are appropriated from resources not otherwise appropriated, or reduced from amounts
126     previously appropriated, out of the funds or accounts indicated. These sums of money are in
127     addition to any amounts previously appropriated for fiscal year 2016.
128          To the Automated Geographic Reference Center
129          From General Fund, One-time

130          Schedule of Programs:
131               Monument Replacement and Restoration
132               Committee                              $100,000
133          The Legislature intends that the funds appropriated under this section:
134          (1) be used by:
135          (a) the Automated Geographic Reference Center to provide staff support to the
136     Monument Replacement Restoration Committee; and
137          (b) the Monument Replacement and Restoration Committee to administer the grant
138     program described in Section 63F-1-510; and
139          (2) not lapse at the close of fiscal year 2016.
140          Section 4. Effective date.
141          (1) Except as provided in Subsection (2), this bill takes effect on May 12, 2015.

142          (2) Uncodified Section 3, Appropriation, takes effect on July 1, 2015.