This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 10, 2016 at 10:16 AM by lpoole.



Chief Sponsor: Ralph Okerlund

House Sponsor: John R. Westwood


8     General Description:
9          This bill modifies provisions relating to state survey monuments.
10     Highlighted Provisions:
11          This bill:
12          ▸     addresses the timing for certain notices to the county surveyor; Ŝ→ and
13     [
     ▸     requires the Monument Replacement and Restoration Committee to execute a
14     memorandum of understanding with the Department of Agriculture and Food and
15     the Department of Natural Resources regarding monument preservation; and
] ←Ŝ

16          ▸     modifies the date on which any unused funds appropriated to the Monument
17     Replacement and Restoration Committee shall be distributed to certain counties.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          17-23-14, as last amended by Laws of Utah 2015, Chapter 373
25          63F-1-510, as enacted by Laws of Utah 2015, Chapter 373

27     Be it enacted by the Legislature of the state of Utah:

28          Section 1. Section 17-23-14 is amended to read:
29          17-23-14. Disturbed corners -- County surveyor to be notified -- Coordination
30     with certain state agencies.
31          (1) As used in this section:
32          (a) "Committee" means the Monument Replacement and Restoration Committee
33     created in Section 63F-1-510.
34          [(a)] (b) "Corner" means the same as that term is defined in Section 17-23-17.5.
35          [(b)] (c) "Monument" means the same as that term is defined in Section 17-23-17.5.
36          (2) A person who finds it necessary to disturb any established corner [in] for any
37     reason, including the improvement of a road, [or for any other cause, or] shall notify the county
38     surveyor at least five business days before the day on which the person disturbs the corner.
39          (3) A person who finds a monument that needs rehabilitation[,] shall notify the county
40     surveyor within five business days after the day on which the person finds the monument.
41          [(3)] (4) The county surveyor or the county surveyor's designee shall:
42          (a) consistent with federal law or rule, reconstruct or rehabilitate the monument for the
43     corner by lowering and witnessing the corner or placing another monument and witness over
44     the existing monument so that the monument:
45          (i) is left in a physical condition to remain as permanent a monument as is reasonably
46     possible; and
47          (ii) may be reasonably located at all times in the future; and
48          (b) file the record of each reconstruction or rehabilitation under Subsection [(3)] (4)(a).
49          Ŝ→ [
(5) (a) The following entities shall execute a memorandum of understanding that meets
50     the requirements described in Subsection (5)(b):
51          (i) the Department of Agriculture and Food, created in Section 4-2-1, and the
52     committee; and
53          (ii) the Department of Natural Resources, created in Section 79-2-201, and the
54     committee.
55          (b) A memorandum of understanding described in Subsection (5)(a) shall:
56          (i) include a requirement that the Department of Agriculture and Food or the
57     Department of Natural Resources give notice to the committee before beginning work that may
58     disturb a monument; and

59          (ii) address:
60          (A) the timing and form of a notice described in Subsection (5)(b)(i);
61          (B) how the parties will coordinate efforts to protect existing monuments when the
62     Department of Agriculture and Food or the Department of Natural Resources performs work
63     that may disturb a monument; and
64          (C) the committee's responsibility to communicate with the appropriate county when
65     the committee receives a notice described in Subsection (5)(b)(i).
] ←Ŝ

66          Section 2. Section 63F-1-510 is amended to read:
67          63F-1-510. Monument Replacement and Restoration Committee.
68          (1) As used in this section:
69          (a) "Committee" means the Monument Replacement and Restoration Committee
70     created in this section.
71          (b) "Corner" means the same as that term is defined in Section 17-23-17.5.
72          (c) "Monument" means the same as that term is defined in Section 17-23-17.5.
73          (2) (a) There is created the Monument Replacement and Restoration Committee
74     composed of the following seven members:
75          (i) five members appointed by an organization or association that represents Utah
76     counties:
77          (A) that have knowledge and understanding of the Public Land Survey System; and
78          (B) who each represents a different county; and
79          (ii) two members, appointed by the center, who have a knowledge and understanding
80     of the Public Land Survey System.
81          (b) (i) Except as provided in Subsection (2)(b)(ii), a member appointed to the
82     committee is appointed for a four-year term.
83          (ii) The director of the center shall, at the time an entity appoints or reappoints an
84     individual to serve on the committee, adjust the length of the appointed individual's term, as
85     necessary, to ensure that the terms of committee members are staggered so that approximately
86     half of the committee members are appointed every two years.
87          (iii) When a vacancy occurs on the committee for any reason, the replacement
88     appointee shall serve on the committee for the unexpired term.
89          (c) The committee shall elect one committee member to serve as chair of the

90     committee for a term of two years.
91          (d) A majority of the committee constitutes a quorum, and the action of a majority of a
92     quorum constitutes the action of the committee.
93          (e) (i) The center shall provide staff support to the committee.
94          (ii) An individual who is a member of the committee may not serve as staff to the
95     committee.
96          (f) A member of the committee may not receive compensation for the member's service
97     on the committee.
98          (g) The committee may adopt bylaws to govern the committee's operation.
99          (3) (a) The committee shall administer a grant program to assist counties in
100     maintaining and protecting corners or monuments.
101          (b) A county wishing to receive a grant under the program described in Subsection
102     (3)(a) shall submit to the committee an application that:
103          (i) identifies one or more monuments in the county that are in need of protection or
104     rehabilitation;
105          (ii) establishes a plan that is consistent with federal law or rule to protect or rehabilitate
106     each monument identified under Subsection (3)(b)(i); and
107          (iii) requests a specific amount of funding to complete the plan established under
108     Subsection (3)(b)(ii).
109          (c) The committee shall:
110          (i) adopt criteria to:
111          (A) evaluate whether a monument identified by a county under Subsection (3)(b)(i)
112     needs protection or rehabilitation; and
113          (B) identify which monuments identified by a county under Subsection (3)(b)(i) have
114     the greatest need of protection or rehabilitation;
115          (ii) evaluate each application submitted by a county under Subsection (3)(b) using the
116     criteria adopted by the committee under Subsection (3)(c)(i);
117          (iii) subject to sufficient funding and Subsection (3)(d), award grants to counties whose
118     applications are most favorably evaluated under Subsection (3)(c)(ii); and
119          (iv) establish a date by which a county awarded a grant under Subsection (3)(c)(iii)
120     shall report back to the committee.

121          (d) The committee may not award a grant to a county under this section in an amount
122     greater than $100,000.
123          (4) A county that is awarded a grant under this section shall:
124          (a) document the work performed by the county, pursuant to the plan established by the
125     county under Subsection (3)(b)(ii), to protect or rehabilitate a monument; and
126          (b) before the date established under Subsection (3)(c)(iv), report to the committee on
127     the work performed by the county.
128          (5) (a) If the committee has not expended all of the funds appropriated to the
129     committee by the Legislature for the fulfillment of the committee's duties under this section
130     before December 31, [2016] 2017, the committee shall disburse any remaining funds equally
131     among all counties that have established a dedicated monument preservation fund by ordinance
132     as provided in Section 17-23-19.
133          (b) A county to which the center has disbursed funds under Subsection (5)(a) shall:
134          (i) deposit the funds into the county's monument preservation fund; and
135          (ii) expend the funds, in consultation with the committee, for the maintenance and
136     preservation of monuments in the county.

Legislative Review Note
Office of Legislative Research and General Counsel