Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 275 First Substitute (2018GS)

Sponsor

Rep. Eliason, S.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• requires the Division of State Parks and Recreation to:
• annually evaluate and report on state property for state monument status; and
• create rules for the management of prospective state monuments;
• requires the Division of State Parks and Recreation to prepare a proposal in the event that the Division of State Parks and Recreation determines that a state monument designation is appropriate; and
• outlines the process for designating a state monument.

Every vote on this bill

Bill text

STATE MONUMENTS ACT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
 David P. Hinkins
LONG TITLE
General Description:
This bill creates the State Monuments Act.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires the Division of State Parks and Recreation to:
• annually evaluate and report on state property for state monument status; and
• create rules for the management of prospective state monuments;
▸ requires the Division of State Parks and Recreation to prepare a proposal in the
event that the Division of State Parks and Recreation determines that a state
monument designation is appropriate; and
▸ outlines the process for designating a state monument. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
79-4-1201
, Utah Code Annotated 1953
79-4-1202
, Utah Code Annotated 1953
79-4-1203
, Utah Code Annotated 1953
79-4-1204
, Utah Code Annotated 1953
79-4-1205
, Utah Code Annotated 1953
79-4-1206
, Utah Code Annotated 1953
79-4-1207
, Utah Code Annotated 1953
79-4-1208
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
79-4-1201
 is enacted to read:
Part 12. State Monuments Act 
 79-4-1201.
Title.
This part is known as the "State Monuments Act."
Section 2. Section 
79-4-1202
 is enacted to read:
 79-4-1202.
Definitions.
As used in this section:
(1) "Committee" means the Natural Resources, Agriculture, and Environment Interim
Committee or the House or Senate Natural Resources, Agriculture, and Environment Standing
Committee.
(2) "State monument" means public land:
(a) owned by the state;
(b) designated by the state for preservation of a historic landmark, historic or
prehistoric structure, geologic formation, cultural site, or archeological resource; and
(c) confined to the smallest area compatible with proper care and management of the
historic landmark, historic or prehistoric structure, geologic formation, cultural site, or
archeological resource to be protected.
Section 3. Section 
79-4-1203
 is enacted to read:
 79-4-1203.
Division duties.
(1) (a) The division shall annually:
(i) evaluate state property for potential designation as a state monument; and
(ii) report the results of its evaluation to the committee before November 30 of each
year.
(b) The division may:
(i) evaluate federal land with the potential to be transferred or leased to the state for
potential designation as a state monument; and
(ii) enter into negotiations with the relevant federal agency to pursue the transfer or
lease of federal land for the proposed state monument, as appropriations allow.
(2) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, for the administration of a state monument, subject to valid
existing rights and Section 
79-4-1208
.
Section 4. Section 
79-4-1204
 is enacted to read:
 79-4-1204.
County proposal.
A county may evaluate the land within the county's jurisdictional boundaries to
determine if a parcel is appropriate for state monument designation.
Section 5. Section 
79-4-1205
 is enacted to read:
 79-4-1205.
Report.
(1) (a) If the division determines a state property is appropriate for state monument
designation, the director shall submit a written proposal to the committee outlining the
division's determination.
(b) If the proposed monument is greater than 25 acres in size, the division shall also
submit the written proposal described in Subsection (1)(a) to the county commission or county
council of any county that will contain some or all of the proposed monument within the
county's geographic borders.
(c) Within 45 days of the day on which a county commission or county council
receives a written proposal from the division, the county commission or county council shall:
(i) pass a resolution, stating the county commission or county council's support or
opposition to the proposed monument; and
(ii) submit the resolution to the committee.
(2) (a) Within 90 days of the day on which the committee receives a written proposal,
and subject to Subsections (2)(b) and (4), the committee shall vote to either recommend the
proposal to the Legislature or return the proposal to the division for further study and
evaluation.
(b) If the county commission or county council opposes the proposal through
resolution, as described in Subsection (1)(c), the committee may not take action.
(3) (a) If a county determines that a parcel within the county's jurisdictional boundaries
is appropriate for state monument designation, as described in Section 
79-4-1204
, the county
shall:
(i) pass a resolution in support of designation; and
(ii) submit the resolution in support of designation to the division and the committee.
(b) Within 45 days of the day on which the division receives a county resolution in
support of a state monument, the division shall prepare a report accepting or rejecting the
county's proposal, including an analysis of the state's financial cost of maintaining the proposed
state monument, and submit that report to the committee.
(c) Within 90 days of the day on which the committee receives the report described in
Subsection (3)(b), and subject to Subsection (4), the committee shall vote to either recommend
the proposal to the Legislature or reject the proposal.
(4) If a proposed state monument falls within the jurisdictional boundaries of a city or
town, and the city or town passes a resolution in opposition to designation of the state
monument, the committee may not take action.
Section 6. Section 
79-4-1206
 is enacted to read:
 79-4-1206.
Designation.
A state monument is created by the approval of the Legislature and the governor
through concurrent resolution.
Section 7. Section 
79-4-1207
 is enacted to read:
 79-4-1207.
Management committee.
(1) Once a state monument is created, as described in Section 
79-4-1206
, the governor
shall appoint, with the consent of the Senate, a management committee to assist the division in:
(a) making rules for the state monument; or
(b) the creation of any management plan or changes to a management plan governing
the state monument.
(2) The management committee shall represent state and local interests as well as
stakeholders.
(3) In appointing the management committee, the governor shall include:
(a) one conservationist;
(b) one recreationist;
(c) one cultural representative, if relevant to the particular state monument;
(d) one energy and mining representative, if relevant to the particular state monument;
(e) one small business owner, if relevant to the particular state monument;
(f) one farming or ranching representative, if relevant to the particular state monument;
(g) one county elected official; and
(h) one legislator whose district, in full or in part, covers the monument.
(4) The governor shall consider geographic diversity in appointing the members
described in Subsection (3), and include at least one resident from each county covered by the
monument, with no county having majority representation if the state monument covers two or
more counties.
(5) (a) Compensation and expenses of a member of the management committee who is
a legislator are governed by Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative
Compensation and Expenses.
(b) Other management committee members shall receive no compensation or expenses
for the members' service on the committee.
(6) The division shall provide staff support to the committee, except as provided in
Section 
79-4-1208
.
Section 8. Section 
79-4-1208
 is enacted to read:
 79-4-1208.
Management.
(1) Subject to Subsection (2), the division shall be responsible for the management of a
state monument.
(2) Upon Title 63L, Chapter 8, Utah Public Land Management Act, becoming effective
as described in Section 
63L-8-602
, the government entity responsible for management of the
public lands shall:
(a) be responsible for the management of a state monument; and
(b) provide staff support to a management committee created in Section 
79-4-1207
.
Legislative Review Note
Office of Legislative Research and General Counsel