Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 63 (2016GS)

Sponsor

Sen. Okerlund, R.

Final action

Governor Signed 3/22/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• addresses the timing for certain notices to the county surveyor; and
• modifies the date on which any unused funds appropriated to the Monument Replacement and Restoration Committee shall be distributed to certain counties.

Every vote on this bill

Bill text

SURVEY MONUMENT REPLACEMENT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ralph Okerlund
House Sponsor: 
John R. Westwood
LONG TITLE
General Description:
This bill modifies provisions relating to state survey monuments.
Highlighted Provisions:
This bill:
▸ addresses the timing for certain notices to the county surveyor; and
▸ modifies the date on which any unused funds appropriated to the Monument
Replacement and Restoration Committee shall be distributed to certain counties.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-23-14
, as last amended by Laws of Utah 2015, Chapter 373
63F-1-510
, as enacted by Laws of Utah 2015, Chapter 373
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17-23-14
 is amended to read:
17-23-14.
Disturbed corners -- County surveyor to be notified -- Coordination
with certain state agencies.
(1) As used in this section:
(a) "Committee" means the Monument Replacement and Restoration Committee
created in Section 
63F-1-510
.
[
(a)
] 
(b)
 "Corner" means the same as that term is defined in Section 
17-23-17.5
.
[
(b)
] 
(c)
 "Monument" means the same as that term is defined in Section 
17-23-17.5
.
(2) A person who finds it necessary to disturb any established corner [
in
] 
for any
reason, including
 the improvement of a road, [
or for any other cause, or
] 
shall notify the county
surveyor at least five business days before the day on which the person disturbs the corner.
(3) A person who
 finds a monument that needs rehabilitation[
,
] shall notify the county
surveyor 
within five business days after the day on which the person finds the monument
.
[
(3)
] 
(4)
 The county surveyor or the county surveyor's designee shall:
(a) consistent with federal law or rule, reconstruct or rehabilitate the monument for the
corner by lowering and witnessing the corner or placing another monument and witness over
the existing monument so that the monument:
(i) is left in a physical condition to remain as permanent a monument as is reasonably
possible; and
(ii) may be reasonably located at all times in the future; and
(b) file the record of each reconstruction or rehabilitation under Subsection [
(3)
] 
(4)
(a).
Section 2. Section 
63F-1-510
 is amended to read:
63F-1-510.
Monument Replacement and Restoration Committee.
(1) As used in this section:
(a) "Committee" means the Monument Replacement and Restoration Committee
created in this section.
(b) "Corner" means the same as that term is defined in Section 
17-23-17.5
.
(c) "Monument" means the same as that term is defined in Section 
17-23-17.5
.
(2) (a) There is created the Monument Replacement and Restoration Committee
composed of the following seven members:
(i) five members appointed by an organization or association that represents Utah
counties:
(A) that have knowledge and understanding of the Public Land Survey System; and
(B) who each represents a different county; and
(ii) two members, appointed by the center, who have a knowledge and understanding
of the Public Land Survey System.
(b) (i) Except as provided in Subsection (2)(b)(ii), a member appointed to the
committee is appointed for a four-year term.
(ii) The director of the center shall, at the time an entity appoints or reappoints an
individual to serve on the committee, adjust the length of the appointed individual's term, as
necessary, to ensure that the terms of committee members are staggered so that approximately
half of the committee members are appointed every two years.
(iii) When a vacancy occurs on the committee for any reason, the replacement
appointee shall serve on the committee for the unexpired term.
(c) The committee shall elect one committee member to serve as chair of the
committee for a term of two years.
(d) A majority of the committee constitutes a quorum, and the action of a majority of a
quorum constitutes the action of the committee.
(e) (i) The center shall provide staff support to the committee.
(ii) An individual who is a member of the committee may not serve as staff to the
committee.
(f) A member of the committee may not receive compensation for the member's service
on the committee.
(g) The committee may adopt bylaws to govern the committee's operation.
(3) (a) The committee shall administer a grant program to assist counties in
maintaining and protecting corners or monuments.
(b) A county wishing to receive a grant under the program described in Subsection
(3)(a) shall submit to the committee an application that:
(i) identifies one or more monuments in the county that are in need of protection or
rehabilitation;
(ii) establishes a plan that is consistent with federal law or rule to protect or rehabilitate
each monument identified under Subsection (3)(b)(i); and
(iii) requests a specific amount of funding to complete the plan established under
Subsection (3)(b)(ii).
(c) The committee shall:
(i) adopt criteria to:
(A) evaluate whether a monument identified by a county under Subsection (3)(b)(i)
needs protection or rehabilitation; and
(B) identify which monuments identified by a county under Subsection (3)(b)(i) have
the greatest need of protection or rehabilitation;
(ii) evaluate each application submitted by a county under Subsection (3)(b) using the
criteria adopted by the committee under Subsection (3)(c)(i);
(iii) subject to sufficient funding and Subsection (3)(d), award grants to counties whose
applications are most favorably evaluated under Subsection (3)(c)(ii); and
(iv) establish a date by which a county awarded a grant under Subsection (3)(c)(iii)
shall report back to the committee.
(d) The committee may not award a grant to a county under this section in an amount
greater than $100,000.
(4) A county that is awarded a grant under this section shall:
(a) document the work performed by the county, pursuant to the plan established by the
county under Subsection (3)(b)(ii), to protect or rehabilitate a monument; and
(b) before the date established under Subsection (3)(c)(iv), report to the committee on
the work performed by the county.
(5) (a) If the committee has not expended all of the funds appropriated to the
committee by the Legislature for the fulfillment of the committee's duties under this section
before December 31, [
] 
, the committee shall disburse any remaining funds equally
among all counties that have established a dedicated monument preservation fund by ordinance
as provided in Section 
17-23-19
.
(b) A county to which the center has disbursed funds under Subsection (5)(a) shall:
(i) deposit the funds into the county's monument preservation fund; and
(ii) expend the funds, in consultation with the committee, for the maintenance and
preservation of monuments in the county.