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

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 17-23-14 is amended to read:
26          17-23-14. Disturbed corners -- County surveyor to be notified -- Coordination
27     with certain state agencies.
28          (1) As used in this section:
29          (a) "Committee" means the Monument Replacement and Restoration Committee

30     created in Section 63F-1-510.
31          [(a)] (b) "Corner" means the same as that term is defined in Section 17-23-17.5.
32          [(b)] (c) "Monument" means the same as that term is defined in Section 17-23-17.5.
33          (2) A person who finds it necessary to disturb any established corner [in] for any
34     reason, including the improvement of a road, [or for any other cause, or] shall notify the county
35     surveyor at least five business days before the day on which the person disturbs the corner.
36          (3) A person who finds a monument that needs rehabilitation[,] shall notify the county
37     surveyor within five business days after the day on which the person finds the monument.
38          [(3)] (4) The county surveyor or the county surveyor's designee shall:
39          (a) consistent with federal law or rule, reconstruct or rehabilitate the monument for the
40     corner by lowering and witnessing the corner or placing another monument and witness over
41     the existing monument so that the monument:
42          (i) is left in a physical condition to remain as permanent a monument as is reasonably
43     possible; and
44          (ii) may be reasonably located at all times in the future; and
45          (b) file the record of each reconstruction or rehabilitation under Subsection [(3)] (4)(a).
46          Section 2. Section 63F-1-510 is amended to read:
47          63F-1-510. Monument Replacement and Restoration Committee.
48          (1) As used in this section:
49          (a) "Committee" means the Monument Replacement and Restoration Committee
50     created in this section.
51          (b) "Corner" means the same as that term is defined in Section 17-23-17.5.
52          (c) "Monument" means the same as that term is defined in Section 17-23-17.5.
53          (2) (a) There is created the Monument Replacement and Restoration Committee
54     composed of the following seven members:
55          (i) five members appointed by an organization or association that represents Utah
56     counties:
57          (A) that have knowledge and understanding of the Public Land Survey System; and

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

86     each monument identified under Subsection (3)(b)(i); and
87          (iii) requests a specific amount of funding to complete the plan established under
88     Subsection (3)(b)(ii).
89          (c) The committee shall:
90          (i) adopt criteria to:
91          (A) evaluate whether a monument identified by a county under Subsection (3)(b)(i)
92     needs protection or rehabilitation; and
93          (B) identify which monuments identified by a county under Subsection (3)(b)(i) have
94     the greatest need of protection or rehabilitation;
95          (ii) evaluate each application submitted by a county under Subsection (3)(b) using the
96     criteria adopted by the committee under Subsection (3)(c)(i);
97          (iii) subject to sufficient funding and Subsection (3)(d), award grants to counties whose
98     applications are most favorably evaluated under Subsection (3)(c)(ii); and
99          (iv) establish a date by which a county awarded a grant under Subsection (3)(c)(iii)
100     shall report back to the committee.
101          (d) The committee may not award a grant to a county under this section in an amount
102     greater than $100,000.
103          (4) A county that is awarded a grant under this section shall:
104          (a) document the work performed by the county, pursuant to the plan established by the
105     county under Subsection (3)(b)(ii), to protect or rehabilitate a monument; and
106          (b) before the date established under Subsection (3)(c)(iv), report to the committee on
107     the work performed by the county.
108          (5) (a) If the committee has not expended all of the funds appropriated to the
109     committee by the Legislature for the fulfillment of the committee's duties under this section
110     before December 31, [2016] 2017, the committee shall disburse any remaining funds equally
111     among all counties that have established a dedicated monument preservation fund by ordinance
112     as provided in Section 17-23-19.
113          (b) A county to which the center has disbursed funds under Subsection (5)(a) shall:

114          (i) deposit the funds into the county's monument preservation fund; and
115          (ii) expend the funds, in consultation with the committee, for the maintenance and
116     preservation of monuments in the county.