Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 490 (2025GS)

Sponsor

Rep. Okerlund, Clinton

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• removes a requirement for the Division of State Parks (division) to comply with the Utah Procurement Code in selecting concessionaires in state parks;
• requires the division to operate, to the extent possible, from money and revenue collected as fees and charges;
• requires the director to implement a comprehensive plan for the long-term use of state parks developed by the division;
• grants rulemaking authority to the division to administer the state parks system;
• renames the State Parks Restricted Account;
• repeals sections related to boating accounts and river enhancement grants; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

40
76-6-206.2
79-4-101
79-4-102
79-4-201
79-4-202
79-4-203
79-4-206
79-4-207
79-4-401
79-4-402
79-4-403
79-4-603
79-4-604
79-4-802
79-4-901
79-4-1001
0
State Parks Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Clinton D. Okerlund
Senate Sponsor: Derrin R. Owens
LONG TITLE
General Description:
This bill addresses the Division of State Parks.
Highlighted Provisions:
This bill:
defines terms;
removes a requirement for the Division of State Parks (division) to comply with the Utah 
Procurement Code in selecting concessionaires in state parks;
requires the division to operate, to the extent possible, from money and revenue collected 
as fees and charges;
requires the director to implement a comprehensive plan for the long-term use of state 
parks developed by the division;
grants rulemaking authority to the division to administer the state parks system;
renames the State Parks Restricted Account;
repeals sections related to boating accounts and river enhancement grants; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-6-206.2
, as last amended by Laws of Utah 2023, Chapter 111
79-4-102
, as last amended by Laws of Utah 2024, Chapter 507
79-4-201
, as last amended by Laws of Utah 2021, Chapter 280
79-4-202
, as last amended by Laws of Utah 2021, Chapter 280
79-4-203
, as last amended by Laws of Utah 2022, Chapter 68
79-4-206
, as renumbered and amended by Laws of Utah 2009, Chapter 344
79-4-402
, as last amended by Laws of Utah 2023, Chapter 33
79-4-403
, as last amended by Laws of Utah 2010, Chapters 256, 391
79-4-603
, as renumbered and amended by Laws of Utah 2009, Chapter 344
79-4-604
, as renumbered and amended by Laws of Utah 2009, Chapter 344
79-4-901
, as renumbered and amended by Laws of Utah 2009, Chapter 344
79-4-1001
, as last amended by Laws of Utah 2010, Chapter 391
ENACTS:
79-4-207
, Utah Code Annotated 1953
REPEALS:
79-4-101
, as last amended by Laws of Utah 2021, Chapter 280
79-4-401
, as last amended by Laws of Utah 2021, Chapter 280
79-4-802
, as renumbered and amended by Laws of Utah 2009, Chapter 344
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
76-6-206.2
 is amended to read:
76-6-206.2
. Criminal trespass on state park lands.
(1)
(a)
As used in this section:
(i)
"Authorization" means specific written permission by, or contractual agreement 
with, the Division of State Parks.
(ii)
"Criminal trespass" means the elements of the crime of criminal trespass, as set 
forth in Section 
76-6-206
.
(iii)
"Division" means the Division of State Parks created in Section 
79-4-201
.
(iv)
"State park lands" means all lands administered by the division.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-6-201
 apply to this section.
(2)
An actor commits criminal trespass on state park lands and is liable for the civil 
damages prescribed in Subsection 
(5)
 if, under circumstances not amounting to a greater 
offense, and without authorization, the actor:
(a)
constructs improvements or structures on state park lands;
(b)
uses or occupies state park lands for more than 30 days after the cancellation or 
expiration of authorization;
(c)
knowingly or intentionally uses state park lands for commercial gain;
(d)
intentionally or knowingly grazes livestock on state park lands, except as provided in 
Section 
72-3-112
; or
(e)
remains, after being ordered to leave by a person with actual authority to act for the 
division, or by a law enforcement officer.
(3)
A violation of Subsection 
(2)
 is a class B misdemeanor.
(4)
A person does not commit criminal trespass if that person enters onto state park lands:
(a)
without first paying the required fee; and
(b)
for the sole purpose of pursuing recreational activity.
(5)
(a)
In addition to an order for restitution under Section 
77-38b-205
, an actor who 
commits any act described in Subsection 
(2)
 may also be liable for civil damages in 
the amount of three times the value of:
(i)
damages resulting from a violation of Subsection 
(2)
;
(ii)
the water, mineral, vegetation, improvement, or structure on state park lands that 
is removed, destroyed, used, or consumed without authorization;
(iii)
the historical, prehistorical, archaeological, or paleontological resource on state 
park lands that is removed, destroyed, used, or consumed without authorization; or
(iv)
the consideration which would have been charged by the division for 
unauthorized use of the land and resources during the period of trespass.
(b)
Civil damages awarded under Subsection 
(5)(a)
:
(i)
may be collected in a separate action by the division; and
(ii)
shall be deposited into the 
State Park Fees
State Parks
 Restricted Account as 
established in Section 
79-4-402
.
Section 2, Section 
79-4-102
 is amended to read:
79-4-102
. Definitions.
As used in this chapter:
(1)
"Division" means the Division of State Parks.
(2)
"Facility" means the same as that term is defined in Section 
51-9-901
.
(3)
"Outdoor recreation infrastructure" means the same as that term is defined in Section 
51-9-901
.
Section 3, Section 
79-4-201
 is amended to read:
79-4-201
. Division of State Parks -- Creation -- Powers and authority.
(1)
There is created within the department the Division of State Parks.
(2)
The division is under
:
(a)
the administration and general supervision of the executive director
; and
.
(b)
the policy direction of the board.
(3)
The division is the state parks authority for the state.
Section 4, Section 
79-4-202
 is amended to read:
79-4-202
. Director -- Qualifications -- Duties.
(1)
The director is the executive and administrative head of the division.
(2)
The director shall demonstrate:
(a)
executive ability; and
(b)
actual experience and training in the conduct of park systems involving both physical 
development and program.
(3)
The director shall:
(a)
enforce the policies and rules of the 
board; and
division;
(b)
perform the duties necessary to:
(i)
properly care for and maintain any property under the jurisdiction of the division; 
and
(ii)
carry out this chapter
.
; and
(c)
implement the comprehensive plan for long-term public use of state park resources 
developed by the division under Subsection 
79-4-203(12)
.
(4)
The director shall acquire, plan, protect, develop, operate, use, and maintain park area 
and facilities in accordance with the policies and rules of the 
board
division
.
Section 5, Section 
79-4-203
 is amended to read:
79-4-203
. Powers and duties of division.
(1)
As used in this section, "real property" includes land under water, upland, and all other 
property commonly or legally defined as real property.
(2)
The Division of Wildlife Resources shall retain the power and jurisdiction conferred 
upon the Division of Wildlife Resources by law within state parks and on property 
controlled by the Division of State Parks with reference to fish and game.
(3)
The division shall permit multiple use of state parks and property controlled by the 
division for purposes such as grazing, fishing, hunting, camping, mining, and the 
development and utilization of water and other natural resources.
(4)
(a)
The division may acquire real and personal property in the name of the state by all 
legal and proper means, including purchase, gift, devise, eminent domain, lease, 
exchange, or otherwise, subject to the approval of the executive director and the 
governor.
(b)
In acquiring any real or personal property, the credit of the state may not be pledged 
without the consent of the Legislature.
(5)
(a)
Before acquiring any real property, the division shall notify the county legislative 
body of the county where the property is situated of the division's intention to acquire 
the property.
(b)
If the county legislative body requests a hearing within 10 days of receipt of the 
notice, the division shall hold a public hearing in the county concerning the matter.
(6)
Acceptance of gifts or devises of land or other property is at the discretion of the 
division, subject to the approval of the executive director and the governor.
(7)
The division shall acquire property by eminent domain in 
the manner authorized by
accordance with
Title 78B, Chapter 6, Part 5, Eminent Domain
.
(8)
(a)
The division may make charges for special services and use of 
facilities
a facility 
or outdoor recreation infrastructure
, the 
income
revenue
 from which is available for 
park purposes.
(b)
The division may conduct and operate
 those
 services necessary for the comfort and 
convenience of the public.
(9)
(a)
The division may
 set reasonable charges to
 lease or rent concessions 
of all 
lawful kinds and nature in state parks and property to persons, partnerships, and 
corporations for a valuable consideration upon the recommendation of the board
in a 
state park or on property owned by the division
.
(b)
The division shall comply with 
Title 63G, Chapter 6a, Utah Procurement Code
, in 
selecting concessionaires.
(10)
The division shall proceed without delay to negotiate with the federal government 
concerning the Weber Basin and other recreation and reclamation projects.
(11)
The division shall, to the extent possible, implement the requirements of this chapter 
from revenue the division collects from:
(a)
charges for special services, use of a park facility, and use of an outdoor recreation 
infrastructure; and
(b)
service or regulatory fees.
(12)
(a)
The division shall develop a comprehensive plan for the long-term public use of 
state parks and state park resources related to the:
(i)
acquisition of land and resources;
(ii)
protection of state parks and the public;
(iii)
operation of state parks;
(iv)
maintenance of state parks and division resources; and
(v)
development of state parks and division resources.
(b)
In developing a comprehensive plan under Subsection 
(12)(a)
, the division shall 
consider:
(i)
recreational utility;
(ii)
the public benefit in the historical, archaeological, and scientific resources in state 
parks; and
(iii)
the health and wholesome enjoyment of the public.
Section 6, Section 
79-4-206
 is amended to read:
79-4-206
. Support of a nonprofit corporation or foundation.
The division may provide administrative support to a nonprofit corporation or 
foundation that assists
 the board and
 the division in attaining the objectives outlined in the 
strategic or operational plan.
Section 7, Section 
79-4-207
 is enacted to read:
79-4-207
. Division rulemaking authority.
(1)
The division may make rules to:
(a)
govern the use of the state park system, including to:
(i)
determine when to close or partially close a state park; and
(ii)
establish use or access restrictions within a state park; and
(b)
protect a natural or cultural resource in a state park from misuse or damage.
(2)
The division shall make rules to:
(a)
govern the collection of charges under Subsection 
79-4-203(8)
; and
(b)
implement a program for veteran access to state parks as described in Section 
79-4-1002
.
(3)
The division may not make rules that prevent the transfer of livestock along a livestock 
highway established under Section 
72-3-112
.
(4)
The division shall makes rules under this section in accordance with Title 63G, Chapter 
3, Utah Administrative Rulemaking Act.
Section 8, Section 
79-4-402
 is amended to read:
79-4-402
. State Parks Restricted Account.
(1)
There is created within the General Fund a restricted account known as the 
State Park 
Fees
State Parks
 Restricted Account.
(2)
(a)
Except as provided in Subsection 
(2)(b)
, the account shall consist of revenue from:
(i)
all charges allowed under Section 
79-4-203
;
(ii)
proceeds from the sale or disposal of buffalo under Subsection 
79-4-1001(2)(b)
; 
and
(iii)
civil damages collected under Section 
76-6-206.2
.
(b)
The account shall not include revenue the division receives under Section 
79-4-403
and Subsection 
79-4-1001(2)(a)
.
(3)
The division shall use funds in this account for the purposes described in Section 
79-4-203
.
Section 9, Section 
79-4-403
 is amended to read:
79-4-403
. Golf revenue -- Wasatch Mountain, Palisade, and Green River State 
Parks.
(1)
The following 
user fees
charges
 are assessed in the following parks for playing nine 
holes of golf:
(a)
15
30
% of the 
green fees
revenue
 at Wasatch Mountain State Park;
(b)
15
30
% of the 
green fees
revenue
 at Palisade State Park; and
(c)
15
30
% of the 
green fees
revenue
 at Green River State Park.
(2)
The fee
A charge
 in Subsection 
(1)
 is:
(a)
in addition to 
the fee
a charge
 set by the 
board
division
; and
(b)
to be used at the park where the money is collected for:
(i)
the upgrade or development of facilities; or
(ii)
the purchase of golf course operation and maintenance equipment and operating 
supplies or materials.
Section 10, Section 
79-4-603
 is amended to read:
79-4-603
. Iron Mission Historical Monument -- Acceptance of gifts from Iron 
Mission Park Corporation.
The 
board
division
 shall accept on behalf of the state the Gronway Parry collection of 
horse-drawn vehicles, horses, harnesses, figures, costumes, and horse-drawn machinery of the 
pioneer era, the Melling log cabin, the Osborne blacksmith collection, and a metal exhibit 
building, all being gifts to the state from the Iron Mission Park Nonprofit Corporation.
Section 11, Section 
79-4-604
 is amended to read:
79-4-604
. Iron Mission Historical Monument -- Acquisition of property.
The division may:
(1)
acquire, construct, maintain, and operate any land areas, objects, or structures as 
necessary to preserve, protect, display, and enhance:
(a)
the gifts described in Section 
79-4-603
; and
(b)
other historical objects or collections donated, loaned, or otherwise acquired that 
appropriately contribute to the pioneer heritage of Utah; and
(2)
acquire, directly or through others, by purchase, contract, lease, permit, donations, or 
otherwise, all real or personal property, rights-of-way, approach roads, parking and other 
areas, structures, facilities and services that the division
 and board
 may consider 
necessary or desirable to accomplish Subsection 
(1)
.
Section 12, Section 
79-4-901
 is amended to read:
79-4-901
. Pioneer heritage of Utah -- Acquisitions and operations by division.
(1)
The division may acquire, construct, maintain, and operate any land areas, objects, or 
structures as necessary to preserve, protect, display, and enhance any gifts and other 
historical objects or collections donated, loaned, or otherwise acquired that appropriately 
contribute to the pioneer heritage of Utah.
(2)
To accomplish Subsection 
(1)
, the division may directly or through others, by purchase, 
contract, lease, permit, donation, or otherwise, secure all real or personal property, 
rights-of-way, approach roads, parking and other areas, structures, facilities, and 
services that the division 
and board 
may consider necessary or desirable to contribute 
to the pioneer heritage of Utah.
Section 13, Section 
79-4-1001
 is amended to read:
79-4-1001
. Purchase, trade, sale, or disposal of buffalo -- Proceeds.
(1)
In accordance with a plan
,
 approved by the 
board,
division
 to manage buffalo herds 
on Antelope Island, the division may purchase, trade, sell, or dispose of buffalo obtained 
from Antelope Island through:
(a)
competitive bidding; or
(b)
a means as established by rule.
(2)
Proceeds received from the sale or disposal of buffalo under this section shall be 
deposited as follows:
(a)
the first $75,000 shall accrue to the division for the management of Antelope Island 
buffalo herds as dedicated credits; and
(b)
proceeds in excess of $75,000 shall be deposited 
in
into
 the 
State Park Fees
State 
Parks
 Restricted Account created 
under
in
 Section 
79-4-402
.
Section 14, 
Repealer.
Title.
Funds to be appropriated -- Boating account expenses.
Riverway enhancement grants -- Matching funds requirements -- 
Rules.
Section 15. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 10:45 AM